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HomeMy WebLinkAboutSW8181118_HISTORICAL FILE_20190104STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SWAt% I 111 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD � ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director January 4, 2019 NORTH CAROLINA Environmental Quality G&H Hauling, LLC, Owner of the Coastal Express Car Wash portion Attn: Phillip 1). Gause; Mernber Manager 4623 Maple Hill Road Shallotte. \C 28470 Cook Out — Kings Mountain, Inc., Purchaser for the Cook Out portion Attn: John Armfield, Vice President 15 Laura Lane, Suite 300 Thomasville. NC,27360 Milliken and Lennon, Inc., Current Property Owner for the Cook Out portion Attn: Alvin E. Milliken, Vice President 14 Stone Chimney Road Supply, N�C 28462 Subject: State Stormwater Permit No. SWS 181118 Coastal Express Car Wash and Cook Out High Density 11'roject. Brunswick County Dear Mr. Gause, Mr, Armfield, and Mr. Milliken: The Wilmington Regional Office received a complete State Stormwater Management Permit Application for the subject project on January 4, 2018. Staff review of the plans and specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC 2I-I.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW8 181 118 dated January 4, 2019, for the construction of the stormwater control measures (SCMs) and built -upon areas ($UA) associated with the subject project. This pen -nit shall be effective from the date of issuance until January 4, 2027 and shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. The designated permit holders, G&H Hauling, LLC and Cook Out — Kings Mountain, Inc. ("Purchaser") shall be responsible for meeting the conditions and limitations specified therein. As required for compliance, a copy of the final deed listing the Purchaser as the property owner must be submitted within 30 days of the property being purchased. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. Please be aware that it is the responsibility of the Purchaser to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However, if the purchase 'agreement or contract between the Purchaser and Milliken and Lennon, Inc. ("Property Owner") is dissolved, cancelled or defaults, and the Division is not notified by the Purchaser to transfer the permit, then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute §143-215.6A through §143-215.6C being taken against the Property Owner. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources �Wilmington Regional office 1 127 Cardinal Drive Extension 1 Wilmington. North Carolina 28405 w�Rrr r.Aao. Nn o.o.n & LBIW—w amV /"� 910.796.7215 ' State Stormwater Permit No. SW8 181118 Page 2 of 2 If any parts; requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative l-tcarings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714; or via telephone at-919-431-3000, or visit their website at www.N'COAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Christine Hall in the Wilmington Regional Office, at (910) 796-7215 or christine.halluncdenr.gov. Since-e1,y; .A. -I Dannv Smith, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A - Designer's Certification Form Application Documents GDS/canh: \\\StormwaterTermits & Projects120181181118 HD12019 01 permit 181113 cc: Chris Russell, PE; East Coast Engineering & Surveying Brunswick County Engineering Wilmington Regional Office Stormwater File .k State Stcrmwater Management Permit No. SW8 181118 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws; Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission; including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO G&H Hauling, LLC and Cook Out -Kings Mountain, Inc. Coastal Express Car Wash and Cook Out 4447 and 4455 Main Street, Shallotte; Brunswick County FOR THE construction, management, operation and maintenance of built -upon area (BUA) and one (1) wet detention pond ("stormwater control measure" or"SCM") as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications') as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until January 4, 2027 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification; transfer, renewal, or rescission; however, these actions do not stay any condition. 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. BUA REQUIREMENTS. The following requirements pertain to the BUA on this project: a. PROJECT BUA LIMITS. The maximum amount of BUA allowed for the entire project is 65,930 square feet. b. RUNOFF FROM BUA. The runoff from all BUA within the permitted drainage area of this project must continue to be directed into the permitted SCM, c. SCM BUA LIMITS. The SCM has been designed using the runoff treatment method to handle the runoff from 65,930 square feet of BUA within the delineated drainage area. The BUA for the future development is limited to a total of 19,588 square feet where 10,000 sf has been allocated to the Coastal Express Car Wash portion and 9,588 square feet has been allocated to the Cook Out portion. Page 1 of 5 State Stormwater Management Permit No. SW8 181118 2. SCM REQUIREMENTS. The following requirements pertain to the SCMs on this project: a. SCM DESIGN. The SCM-is permitted based on the design criteria presented in the sealed; signed and dated supplement and as shown in the approved plans and specifications. This SCM must be provided and maintained at the design condition. b. SCM DISCHARGE. The peak flow from the 10-year storm event shall not cause erosion downslope of the stormwater outlet discharge point. c. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be followed in its entirety during construction. After the plants are established; the operation and maintenance agreement must be followed. d. FOUNTAINS. At this time; a decorative spray fountain has not been proposed within the wet pond Decorative spray fountains will be allowed in the wet pond if documentation is provided demonstrating that the proposed fountain will not cause resuspension of sediment within the pond or cause erosion of the pond side slopes. e. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water be maintained in the permanent pool, the vegetated shelf is planted with appropriate species that can handle fluctuating conditions, and human health issues are addressed. 3. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans. b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated in an SCM must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. 4. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds: a. FINAL DEED. A copy of the final deed listing Cook Out — Kings Mountain; Inc. ("Purchaser's) as the property owner must be submitted within 30 days of the property being purchased. b. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. c. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. d. FINAL PLATS. The final recorded plats_must reference the operation and maintenance agreement and must also show all public rights -of -way; dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. e. DEEDS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. Page 2 of 5 State Stormwater Management Permit No. SW8 181118 5. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system wili be repaired immediately. a. SCM OPERATIONAL PRIOR TO DEVELOPMENT. During construction, all operation and maintenance for the project shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are converted to SCMs. Once the device is converted to a SCM, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device and/or -removed or destroyed during construction, it must be restored to the approved state stormwater design condition prior to close-out of the erosion control plan and/or project completion and/or transfer of the state stormwater permit. Upon restoration; a new or updated certification will be required for the SCM(s) and a copy must be submitted to the appropriate DEQ regional office. 6. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans; the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below: a_ Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details; etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any; all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement for BUA credit that was not included in the approved plans and specifications. g. The construction of any #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. In. Other modifications as determined by the Director. DESIGNERS CERTIFICATION. Upon completion of the project; the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans; then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i.. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided; a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way; dedicated common areas and/or permanent recorded easements; when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action; with a timeline; to bring the site into compliance. Page 3 of 5 State Stormwater Management Permit No. SW8 181118 8. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary; as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system function at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily; the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on - site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date; activity; name of person performing the work and what actions were taken. 9. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3), 10. CURRENT PERM ITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee. 11. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property: in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. PURCHASE AGREEMENT. It is the responsibility of the permit holder, the Purchaser; to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However; if the purchase agreement or contract between the Purchaser and Milliken and Lennon, Inc..("Property Owner') is dissolved, cancelled or defaults, and the Division is not notified by the Purchaser to transfer the permit, then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute §143- 215.6A through §143-215.6C being taken against the Property Owner. b. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part; ii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and (8); iii. Bankruptcy; iv. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. Page 4 of 5 State Stormwater Management Permit No. SW8 181118 12. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review and routinely monitor the project to ensure continued compliance with the conditions of the permit, the approved plans and specifications. b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit; approved plans, application; supplements; operation and maintenance agreement; all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. c. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. d. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of -the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required in order for this development to take place, as required by any statutes; rules, regulations, or ordinances, which are imposed by any other Local; State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 4"' day of January 2019. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Danny SP)ith, Interim 1Trector Division of Energy; Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 181118 Page 5 of 5 State Stormwater Management Permit No. SW8 181118 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: As -Built Permittee Certification As -Built Designer's Certification General MDC As -Built Designer's Certification for Wet Detention Pond Project A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section orphaseof the project. Page 1 of 1 State Stormwater Management Permit No. SW8 181118 AS-111AL:T PI:01I'I'"hh.V CERTII'll CATI 1 hereby state that I ain the current pertrtittec for the project narncd above; and l certify by my signature below, that the project rnects the below listed Final Submittal lZegttircrllcnts found in NCAC 021-1.1042(4) and the terms, conditions and provisions listed in the permit doCU111CntS, plans and specifications on file with or provided to the Iivision. Check here if this is a partial certification. Section/phase/SCN'i rt'7 ❑ Check here if this is part ofa Fast "track As -built package Submittal. Printed Name Signatu 1. , a Nolary Public in the State of County of do hcrcby ccrtify that personally appeared before me this day of _ 20 and acknowledge the. due CXMI0011 of this as -built certification. (S1 A1) Witness my hand and official seal :kly commission expires permittee's Certification NCAC .1042(4) Completed I Provided N/A A. DEED RESTRICTIONS / BUA RECORDS l . The deed restrictions and protective covenants have been recorded and Y or N contain the necessary language to ensure that the project is maintained consistent with the stornlvvalcr regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants has been Y or N provided to the Division. 3. Records which track the 13UA on each lot are being kept. (Sec Notc 1) I Y or N B. MAINTENANCE ACCESS 1. The SCNIs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 Icct wide. I Y or N I 3. The access extends to the nearest public right-of-way. I Y or N C. EASEMENTS I 1. The SCN'1s and the componentso f 1lle runoff collection /ConVeyar1Ce systellI Y N are located 111 recorded drainage casements. or 2. A copy of the recorded plat(s) is provided. I Y or ,,N D. SINGLE FAMILY RESIDI,'.NTIAL LOTS - plats for residential lots that Y or N have an SCM include the following: 1. The specific location of the SCN1 on the lot. Y or N 2. A typical detail for the SCM. � Y or N 3. A note that the SCN1 is required to meet stormwater regulations and that the lot owner is subject to enforcernent action as set forth in NCGS 143 Article Y or N 21 if the SCN1 is removed; relocated or altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&N1 Agreement is referenced on the final recorded plat. I Y or N 2. The O&M Agreement is recorded with the Register of I)ecds and appears in Yor\' the chain of title. F. OPERATION AND MAINTENANCE PLAN — maintenance records are Y or N being kept in a known set location for each SCM and are available for review. G. DESIGNER'S CERTIFICATION FORM — has been provided to the Y or N Division. Note1- Acceptable records include ARC approvals, as -built surveys; and county tax records. Page 1 of 6 State Stormwater Management Permit No. SW8 181118 Provide an explanation for every requirement that was not met; and for every `NIA" below. Attach additional sheets as needed. Page 2 of 6 State Stormwater Management Permit No. SW8 181118 BUILT DFSIGNE WS CE,RTIFICATION GENERAL NIDC 1 hereby state t-liat I ant a licensed professional and I certify by my sienature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General \9DC found in NCAC 021-1.1050 in accordance with the pennit documents, plans and speci€icattoils on file with or provided to the Division, except as noted on the "AS - BUILT'' drawings; such that the intent of the storinwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCNI ? Check here if this is a part. of a Fast -Track As -Built Package Submittal per .1044(3). Check here ifthe designer did not observe the construction; but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number 51 AL: Signature Date Consultant's -Mailing Address: City/State/%iII Phone Number Consultant's Email address: C0 Circle N if the as -built value differ from the Plan. ]f N is circled, provide an explanation on Page 2, not evaluated (provide explanation on page 2) ®N/A = not applicable to this SC\-1 or project. Consultant's Certification NCAC .1003((3) & General MDC .1050 DAs-built I ZN/E ON/A IA. TREATIMEN`l' REQUIREMENTS 1. Tllc SCNI achieves runoff treatment. Y or N° 2. The SCM achieves runoff volurrte match. Y or N 3. Runoff from offsitc areas and/or existing RUA is bypassed. Y or N 4. Runoff from offsitc areas and/or existing BUA is directed into Y or N the permitted SCM and is accounted for at the full build -out potent ial. 5. The project controls runoff through an offsite permitted SCM Y or N that tnects the requirements of the \/DC. 6. The net area of new 13UA increase for an existing project has Y or N been accounted for at the appropriate design storin level. 7. The SC I(s) meets all the specific minimum design criteria. Y or N f B. VEGETATED SFTBACKS / BUA 1. The width ofthc vegetated setback has been measured From Y or N the normal pool of impounded waters, the \-11-1W line of tidal waters. or the top of bank of each side of -rivers or streams. 2. The vegetated setback is maintained in grass or oilier Y or N vegetation. 3. 13UA that meets the requirements of NCGS 143-214.7 (b2)(2) Y or N is located in the setback. 4. 13UA that does not meet the requirements of NCGS 143-214.7 Y Y�'or N _ (1)2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road; greenway sidewalk) b. Water -dependent structures c. \-linimal footprint uses (utility poles, signs, security lighting and appurtenances Y or N 5. Stormwatcr that. is not treated in an SCiN,l is relcascd at the edge of the setback and allowed to flow through the setback as dispersed floe__ Page 3 of 6 State Stormwater Management Permit No. SW8 181118 OAs-built OWE_ OO NIA C. STORMWATER OUTLETS — the outlet handles the peak flow Y N from the 10 year storm with no downslope erosion. or D. VARIATIONS 1. A variation (alternative) front the st.ormwater rule provisions N has been impletncntcd. or 2. The variation provides equal or better storinwater control and Y N equal or better protection of surface waters. or E. COMPLIANCY WITH OTHER REGULATORY Y N PROGRAMS has been met. or F. SIZING -the volume of the SCNI takes the runoff from all surfaces into account and is sufficient to handle the required storm Y or N depth, G. CONTAMINATED SOILS — infiltrating SCM's are not located Y or N in or on areas with contaminated soils. I H. SIDE SLOPES 1 { I . Vegetated side slopes are no steeper than 31-1: I V. j Y or N 2. Side slopes include retaining walls, gabion walls, or other Y or N surfaces that are steeper than 31-1:1 V. 3. Vegetated side dopes are steeper than 31+ 1 V (provide Y or N su )porting doetnnents for soils and vegetation). { I. EROSION PROTECTION _ i. The Inlets do not CalISC erosion in the SC�4. Y or N 2. 'file outlet does not cause erosion downSlopC of the discharge Y or IN point Burin , the peak flow front the 10 Vcar storm. J. EXCESS FLOWS — An overflow /bypass has been provided. Y or N K. DEWATERING — A method to drawdown standing water has Y or N been provided to facilitate maintenance and inspection. L. CLEA-N- OUT AFTER CONSTRUCTION — the SCNI has been Y or N cleaned out and converted to its approved design state. M. -MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or 2. The access does not. include lateral or incline slopes >3:1. Y or N N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or 89F of Y or N the General Statutes. Provide an explanation for every MDC that was not met; and for every item marked "NIA" or "WE" below. Attach additional pages as needed: Page 4 of 6 State Stormwater Management Permit No. SW8 181118 AS- lit,"IIA' UF,SIGNt;l2'S (:I•IRTIhACA"I ION7 FOR POND I'110.1ECT I hereby state that 1 am a licensed professional and 1 certify by my signature and seal below, that I have observed tllc construction of the project named above to the best of my abilities with all due care and diligence, and that the prol'ect meets all of the kIDC Foul in NCAC 02111053_ in accordance with the permit documents, plans and specifications oil file with or provided to the Division, except as noted on the "AS -BUILT", drawings, such that the intent of the storillwatcr rules and the general statutes has been preserved. Check here if this is a partial certification. Sectionlphase/sc-kI '` Check here if this is part of a Fast -Track As-Ruilt Package Siibmival per .1044(3). Check ]sere ifthe Uesianer did not observe the construction, but is certifying the project. Check here if pictures of the SC_NA arc provided. Printed Name NC RCgistrarion Number SEAL: Signature Date Consultants Mailing Address: City/State/ZIP Phone Number Consultant's E-mail address O Circle N if the as -built value differs from the Ilan/permit. If is circled, provide an explanation on page 2 ON/[ = not evaluaicd (provide explanation on page 2) ON/A = not applicable to this project or SCM. "]'his Certification trust be completed in conjunction with the General NIX certification under NCAC 021-1.1050 Consultant's Certification (VIl7C .1053) tOAs-built 02 N/1: ON/A A. Forcha y / Depths / Fountain 1. The available Sediment storage is consistent willi the approved Y N plan and is a ininiinurn of 6 in. or 2. Water flow over the forebay berm into the main pond occurs at a Y N; noil-erosive velocity. or 3. The provided Forebay Volume is 15%-20% of the plain pool y or N Volume. 4. Tlrc Forebay entrance elevation is deeper than the exit elevation y N' into the pond. or 5, The Average Design Depth of the plain pond below the permanent. pool-clevation is consistent with the permitted value? or 6. Fountain dgetUTICntatlOn is provided, Y or N B. Side slopes / Banks / Vegetated Shelf 1. ']'he width of the Vegetated Shelf is consistent with the approved } . plans and is a mininlurn of 6 feet. or 2. ]'Ile slope of the Vegetated Shcl f is consistent with the approved I Y or NN I� Plans and is no steeper than 6:1. } C. As -built Main Pool / Areas / Volumes / Elevations I. The permanent pool surface area provided is consistent with the permitted value. Y or N - 2. The Temporary Pool Volume provided is consistent with the Y N permitted value. or j 3. The permanent pool elevation is consistent with the permitted Y N value. or 4. The temporary pool elevation is consistent with the permitted Y N value. or Page 5 of 6 State Stormwater Management Permit No. SW8 181118 01 As -built 02N111 ON/A D. Inlets / Outlet / Drawdown — l . The design volume draws dower in 2-5 days. � Y or N 2. The sire of the Orifice is consistent with the permitted value. Y or N 3. A trash rack is provided on the outlet structure. Y or N 1 4. Hydrologic impacts to the receiving channel are minimized from I Yr 24 fir storm discharge? Y or Nthe 5. The inlets and the outlet location are situated per the approved plan all(] avoid short. -circuiting. y or N E. Vegetation �l _ The vegetated shelf has been planted with a minimum of 3 diverse species. � Y or N 2. The vegetated shelf plant dcnslt", is C011S1SiCllt with the approved plans alld is no less than 50 plains per 200 sf or no less than 24 inches oil Center. Y or N Provide an explanation for every MDC that was not met, and for every item marked "NIA" or "NIE' below. Attach additional pages as needed: Page 6 of 6 East Coast Engineer�rig & Surveying, P.C. ENG INEERS•P"eANNERS•SURVEYORS �r Coastal Express Car Wash/Cook Out 1Zc SCSI St:01.111W,-ttCt Ca1CL11,1140118 j arluary 2019 � H CAR _ SEAL 35054 1-3-2019 c AN R�?`�• '�1l17174145�11 ECEIVE JAN 0 4 20% BY: 4918 MAIN STREET . POST OFFICE BOX 2469 . SHALLOTTE, NORTH CAROLINA z8459 . TEL: 9-10-754-8029 • Fax: 910-750049 FIRM LICENSE NUMBER: C-3034 STORMWATER POND COASTAL EXPRESS CAR WASH/COOK OUT VOLUME CALCULATIONS East Coast Engineering and Surveying - JCR PEAK FLOW CALCULATION (PRE) Q=C*I*A Q = 3:1 cfs - C (uniticss) A = 2.3 (ac) RUNOFF VOLUME SIMPLE METHODIs„ rainfall V = 3630 * RD *RV *A RV = 0.05 + tag ., TAB ]A = 17MT11--,RVf0US AREA/DIL�3N1AGI- ARE_ lXUkfNAGI- AREA = 100,360 {s� I1\11PERV[OUS AREA = 65,00 {sr} 65:69°o V 8,044 (c.� RD = 1.7 (ira l�l;s[c;hiu�l�t,�l.l. RV = ° ' 0.G4 A = 2.3.(ac). DR Ili 1C1 ARI?A PEAK FLOW CALCULATION (POST) Q= C*I*A Q = 6.3,cfs. . C (unitless) = V I = 3.E7 (, ""wj r) A = 2.3 (ac) COASTAL EXPRESS CAR WASH/ IMPERVIOUS AREA CALCULATIONS STORMWATER POND COOK OUT DRAINAGE AREA = 100,360 (SF) IMP % = 65.7% BUILDINGS ROADWAY SIDEWALKS FUTURE TOTAL Coastal Express 1,530 (so Cook Out 1,582 (so Coastal Express 24,443 (so Cook Out 16,079 (so Coastal l=:xpress 1,208 (so Cook Out 1,500 (so Coastal Express 10,000 (so Cook Out 9,588 (so Coastal Express 37,181 (so Cook Out 28,749 (so TOTAL 65,930 (SF) COASTAL EXPRESS CAR WASHICOOK OUT Wet Detention Basin Calculations Pond 1 East Coast Engineering Surveying, PC JCR Drainage Area (DA) _ 1 100,360 (sf) or 2,30 (ac Impervious Area (IA )= 1 65,930 (sf)l 1.51 (ac Percent Impervious 1 IAIDA 0.657 or 65.7% SAIDA; 90% TSS 0.0241 or 2.41% AVERAGE POND DEPTH = 6 (ft) Min. req'd SA @ PP - (SA/DA)x(DA) 2,417 (sf) MAIN POOL AREA Surface Area provided @ PP 2,715 (sf) MAIN POOL AREA DOES PROJECT DRAIN TO SA WATERS NO MIN. REQ STORAGE VOLUMEFROM BMP MANUAL P 35 8,044 cf Surface Area arovided 2 PP Elev = 21.00 ft 4,103 (sf) FOR STORAGE CALC. Enough Surface Areaprovided? YES Surface area at top of Veg Shelf 6,111 (sf) Storage volume above PP & below Veg Shelf 5,107 cf Volume needed above Veg Shelf 2,937 cf Surface area provided @ TP Elegy = 22.60 ft 6,648 (sf) Storage depth above Veg Shelf 0.50 (ft) Storage volume provided above Veg Shelf 3,190 cf Total Storage Volume Provided 8,297 (cf) OK Total storage depth above PP 1.50 (ft) Outlet Sizing AVERAGE DEPTH CALCUt_ATIONshelt_nol_submer9ed VOLUMEpefT11anent_pod VOLUMEbelowpparid above bottom ofshelf AREApe _pool AREAbonom shelf AVERAGE DEPTH POND 16,285(cf) 0 (cf) 2,715 (sf) 2,715 (sf) 6 (ft) MAIN POOL AREA Q - 2 day drawdown time Min. re 'd storage volume x 1 in. 12 days) 0.047 (cfs) Q - 5 day drawdown time Min. re 'd storage volume x (1 in. 15 days) 0.019 (cfs) Height h 113 Min. Storage Depth) 0.50 (ft) Co Constant 0.6 Required Area for Q-2 A = QI(C x (2gh)"2) 1.97 it Required Area for Q-5 A = QI(C x (2gh) ) 0.79 (il Orifice Choosen 1-112 " SCH 40 PVC L 1,590 (ill CHECK Area Provided bx Orifice Choosen A = grz 1.99 (in^2) Area Provided by Orifice Choosen 0.014 ft^2) The Average head h = 113 Term ora Pool depth - 112 orifice diameter)) 4,410 (in) The Average head 0.368 (ft) Q provided Q = Ca(2gh) 0.040 (cfs) 64.2 (hrs)l OK DEC 1.8 20% eY, Culvert Report Hydraflow Express Extension far AutoCADO Civil 3D® 2012 by Autodesk, Inc. Thursday, Jan 3 2019 19-0102 SD 4 Invert Elev Dn (ft) = 19.40 Calculations Pipe Length (ft) = 4.00 Qmin (cfs) = 0.00 Slope (%) = 0.50 Qmax (cfs) = 90.00 Invert Elev Up (ft) = 19.42 Tailwater Elev (ft) _ (dc+-D)12 Rise (in) = 42.0 Shape = Cir Highlighted Span (in) = 42.0 Qtotal (cfs) = 1.00 No. Barrels = 1 Qpipe (cfs) = 1.00 n-Value = 0.012 Qovertop (cfs) = 0.00 Inlet Edge = Projecting Veloc Dn (fUs) = 0.19 Coeff. K,M,c,Y,k = 0,0045, 2, 0.0317, 0.69, 0.5 Veloc Up (ft/s) = 0,19 HGL Dn (ft) = 21.30 Embankment HGL Up (ft) = 21.30 Top Elevation (ft) = 25.00 Hw Elev (ft) = 21.30 Top Width (ft) = 3.00 Hw/D (ft) = 0.54 Crest Width (ft) = 10.00 Flow Regime = Outlet Control Elev (ft) 2600 25.00 24.00 2300 2200 21M 20.00 19.00 10.00 0 19-0102_SD_4 1 2 3 4 5 6 7 6 9 10 11 12 13 Cir Culvert HGL Embank Hw Depth (ft) 6.58 5.58 458 3,58 2.58 1.58 0.58 -042 1.42 14 Reach (ft) j�ECEIVED I'4" 112111 Culvert Report Hydraflow Express Extension for AutoCADO Civil 3D® 2012 by Autodesk, Inc. Thursday, Jan 3 2019 19-0102 SD 7 Invert Elev Dn (ft) = 19.40 Calculations Pipe Length (ft) = 36.00 Qmin (cfs) = 0.00 Slope (%) = 0.28 Qmax (cfs) = 7.50 Invert Elev Up (ft) = 19.50 Tailwater Elev (ft) = (dc+D)/2 Rise (in) = 24.0 Shape = Cir Highlighted Span (in) = 24.0 Qtotai (cfs) = 1.00 No. Barrels = 1 Qpipe (cfs) = 1.00 n-Value = 0.012 Qovertop (cfs) = 0.00 Inlet Edge = Projecting Veloc Dn (ft/s) = 0.52 Coeff. K,M,c,Y,k = 0.0045, 2, 0.0317, 0.69, 0.5 Veloc Up (ft/s) = 0.58 HGL Dn (ft) = 20.57 Embankment HGL Up (ft) = 20.57 Top Elevation (ft) = 24.00 Hw Elev (ft) = 20.58 Top Width (ft) = 8.00 Hw/D (ft) = 0.54 Crest Width (ft) = 10.00 Flow Regime = Outlet Control Elev (ft) 25.00 2400 23 00 22.00 21M 20.00 1900, 1900 0 19-01 02SD 7 5 10 15 20 25 30 35 40 45 50 55 Cir Culvert HGL Embank Hw Depth (ft) 5.50 450 3.50 2.50 1,50 0.50 -0 50 -1.50 00 Reach (ft} ECEIVE� JAN 0 M �� tl (Source. "Hank and chanuet lining procedures", New York Department of Transportation, Division of Design and Construction, 1971.) Guide to Color Key: User Input Data I Calculated Value Reference Data Designed By: 'J. Christian Russell, PE I Date: 11/20/2018 Checked By: ;Date: Company: iEast Coast Engineering Project Name: Coastal Express Car Wash Project No.: 19621 Site Location (Cityffowni Shallolte Culvert Id. SD-4 Estimation of Stone Size and Dimensions For Culvert Aprons Step 1) Compute floe' velocity \', at culvert or paved channel outlet. Step 2) For pipe culverts D. is diameter. For pipe arch, arch and box culverts, and paved channel outlets. D. = A. where A. = cross-sectiarnl area of flaw at oudet- For multiple culverts, use De — 1.25 x D. of single culvert. Velocity (ftfs) 9.7 Opening type Pipe Culvert Single or multiple openings? Single Oubet pipe diameter, D. (ft) 3:5 NOTE 1: If opening type is anything other than "Pipe Culvert", Do k (Cross -sectional area of flow at outlet). NOTE 2: 4 multiple openings, D,=i.25 x D. of single culvert. Step 3) For apron grades of 10% at steeper, use recommendations For next higher zone. (Zones I through 6), Zone 3 Figure 8.06c Will apron have >1=1 0% grade? No NOTE: For apron slopes equal to or greater than 10%, use next higher Zone in Figure 8.060 to determine apron length_ Apron iength (ft) 28 Fi ur_lc e 8 06d Determination of Stone Sizes For Dumped Stone Channel Linings and Revetments Step 1. Use figtue 8 06 [�J to determine maxi.uum stone size (e,g. for 12 Fps = 20" or 550 lbs. Max. stone size (in.) 14 iFigure 6.06e Step 2. Use figure 8.06.71 to determine acceptable size range for stone (for 12 FPS it is 125-500 lbs. for 75% of stone, and the maximum and minimum ran fee ut weight should be 25-500 lbs.). COTE: In detemtining channel velocities for stone linings and rcvenncnt, use the following coefficients of roughness: Diameter planning's %fin. thickness (inches) "n" of lining (inches) Fine 3 0.031 9 12 Light 6 0.035 12 is Medium 13 0.040 is 24 Heavy 23 0.044 30 36 (Chrmets) (Dmepetors) Min. & Max range of stones (Ibs) 25-25p Figure8.05f Weight range of 75% of stones (Ibs) _ _ 50-250_ _ _ _ IFigure 8.05f ECEIvED DEC Eas[ Cogs[ Eng neering 8 Surva np !'xiulr„�K f�riKi.n 11191e NOW Sftwt 6WWt., Akwth C al— 2"M .01&79"029 Location= SDA Q5= Q 10= Q 25 = 7.25 cl's Q50= Length = 45.00 fl. Slope= 0.01 Do = 3.50 ft, I'W = 2.00 fit d 50 (from figure 8.06) = F-9-3-11 m. La ( from Iigurc 8.06 ) _ 1 28.00 fl. Tail%%ale r Condition; TW <0.5 diauleler use Figure 8.06a W — Do ]. I,a W = 31.50 fi. Tu' > 0.5 diarnelcr use Figure 8,06b W =.Do + OAl.a W = 14.70 ft. Apron Thickness=>1,5*dmax 1,75 R. sat° 1.8 ft. Ft.... N ire. Fi=ure x.oes Al, n I nll<..—r ! — , 'I iiiM:ncl' � n.5 ]ki Iailu�lcr Y n51ki 1'rrry'ere: Date: By: Oreched. 0.5*Do= L75 ft. 3*Do= I0.50 ft. d nlas = 14.00 in, COASTAL 1:,\PRhSS (71111170.: RRU,"WWh' l rl;O.:Orr 1 JCR i All lnldy rur rJibbi pd Ler FI'OS10rl CUIrtI'OI StUire Class A 2"to 6" Class B 5" to 15" Use class B Willi filter Fabric Stone Vol. = 705.60 cu. ft. Tuns - 55.28 tons Fabric - 44.80 s.)'. Dimensions 1,a 28.00 It, W 14.7 R. 3*Do 10.5 [1. — 1) 2.0 li. C, , (Source: "Bank and channel lining procedures', New York Departruent of Transportation, Division of Design and Construction, 197 L) Guide to Color Key: User Input Data lCalculated Value lReference Data Designed By: J Christian Russell, PE ; Date: 11/2012016 Checked By: I Date: Company: East Coast Engineering Project Name: Coastal Express Car Wash Project No.: 1962. Site Location (CitylTown) Shallotte Culvert Id. SD-7 Estimation of Stone Size and Dimensions For Culvert Aprons Step t) Compute Hove velocity V. at culvert or paced chatmel outleT, Step 2) For pipe culverts D is diameter. Far pipe arch, arch and box culverts, and payed charnel outlets, D. -A. where A. = crass -sectional area of How at outlet_ For multiple culverts, use Do - 1.25 x D. of single culvert. Velocity (il 1 Opening type Pipe Culvert Single or multiple openings? Single Outlet pipe diameter, D. (ft) 1.5 NOTE 1: If opening type is anything other than "Pipe Culvert", 1),=A, (Cross -sectional area of flow at outlet), NOTE 2: If multiple openings, Do-1,25 x D. of single culvert. Step For apron grades of 10% or steeper, me recommeadarioo5 For next higher zone, (Zones 1 through 6). Zone 1 Figure 8.06c Will apron have >/=10% grade? No o NOTE: For apron slopes equal to or greater than 10%, use next higher Zone in Figure B.OGtl to determine apron length. Apron length (ft) 6 Figure 8.06d Determination of Stone Sizes For Dumped Stone Channel Linings and Revetments �� Step 1. Use figure 9.0691 to determine maximum stone size (e_g. for 12 Fps - 20" or 550 lbs. Max. stone size (in.) 1 _ IFiqure 8.06e Step 2. Use figure 8.06.Q to determine acceptable size range for stone (for 12 FPS it is 125-500 lbs. for 75% of stone. and the maximum and mimmum range in weight should be 25-500 lbs.). 10TE: In determining channel velocities for stone linings and revetment. use the following coefficients of toughness: Diameter Afattrling's S1in. thickness (inches) -n" of lining (inches) Fine 3 0.031 9 12 Light 6 0.035 12 1g Medium 13 0.040 is 24 Heavy 23 0.044 30 36 (Chan- is) (I):upnon) Min, & max range of stones (lbs) f 25.150 Figure 8,05f Weight range of 75% of stones (lbs) l _ 50-150 _ _ _JFiaure 8.05f E'89!_co"f Eng7neerinA Surveying Project: C-0,nrg Fugnmoro Wore; 4918 Wahl anr.1 111': ah.lbtlr% M-rh C-11— 28450 checked: 010.75f- 0" Outlet Protection: Lnern Dissinutnrs Location = OUTLET STRUCTURE SD-7 Q 5 = Do = 1.50 ft. Q 10 = TW = 1.00 li, Q 25 = 7.25 e1's d 50 (from figure 8.06) = 510 in. Q 50 = La ( from figurc 8.06 }= 6,00 fl, Length= 10,00 ft, Slope = 0.02 'I'ailsnter Condition: Tw < 0.5 diameter use Figure 8.06a W=Do-1 La W— 7.50 it, Tx > 0.3 diameter use Figure 8,06b W=Do+0.4La W= 3.90 11. fli ion Tbidncs9=>1.5'd Inax 0.19 0. say 0,2 ft. l—, xAk. n_ur x.n6i, w=Ll,.l. Alrn it tar /I—V7 O Taaxmcr U3 i�r T. lemcr � U 5 U, 0.5'Do= 0,75 ft. 3'D❑ = 4.50 ft, d max = 1.50 in. COAS7'.tl.l;,\'PR1iSA' Counlp: RR1rNS;f?C ru?nruls JC'R Erosion Control Slow Class A 2" to 6" Class B 5" to LY Use class A Willi filter Fabric Stone Vol. = 50.40 cu. it. Tons = 2.52 loos Fabric = 29.87 s,y Dimensions La 6,00 ft. W 3.9 A. 311)o 4.5 Il. D 2.0 ft. East Coast Enginnde�ri'ng & Surveying, P.C. ENGINEERS -PLAN NERS•SURVEYORS STORMWATER NARRATIVE Coastal Express Car Wash Coastal Express Car Wash plans to develop a 1.53 acre (66,671 SF) tract of land located on US Highway 17 business in Shallotte, North Carolina. The project area will include most of the tract and have an impervious area allocation of 37,181 SF. This amount includes parking areas, building and future development. The site is currently undeveloped. The impervious area will consist of a 24,443 SF for asphalt parking and driveways, 1,208 SF of concrete sidewalk and a 1,530 SF building. There is also a 10,000 SF allocation listed as future. The runoff from the impervious areas will be allowed to sheet flow along the surface of the asphalt and directed to a catchment area. It will then be directed to an open throat yard inlet and then to a shared onsite stormwater pond. The pond will be shared with the project adjacent to this project and is described below. This yields a total BUA of 37,181 Sl' for this site. The ratio of BUA to total project area on this site, therefore, is 55.8%. The project drains the Shallotte River which is located in the Lumber River Basin. It is classified as SC,I-IQW and its index number is 15-25-2-(7.5). Cookout Cookout plans to develop a 0.77 acre (33,689 SF) tract of land located on US Highway 17 business in Shallotte, North Carolina. The project area will include most of the tract and have an impervious area of 28,749 SF. This amount includes parking areas, building and future development. The site is currently undeveloped. The impervious area will consist of a 16,079 SF for asphalt parking and driveways, 1,500 SF of' concrete sidewalk and a 1,582 Sh building. ']'here is also a 9,588 SF allocation listed as future. '],he runoff from the impervious areas will be allowed to sheet flow along the surface of' the asphalt and directed to a catchment area. It will then be directed to an open throat yard inlet and then to a shared onsite stormwater pond. The pond will be shared with the project adjacent to this project and is described above. This yields a total 13UA of 28,749 SF. The ratio of 13UA to total project area, therefore, is 85.3%. The overall project density is 65.7%. The project drains the Shallotte River which is located in the [lumber River Basin. It is classified as SC,I-IQW and its index number is 15-25-2-(7.5). ECEIVE NOV 2 9 201 49x8 MAIN STREET *POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 •TEL: 9iO4,Y6029.• Fax:,93D:Zfy rc FIRM LICENSE NUMBER: C-3014 . Jar `../ �' �� �` j : •� � - ' y t .�C�rn • I�+ c- _ ' - ', i. _ � !!` � .; •* tax c ,�� �. -�. �". � +•�r, ?f � �r •L }+, \i � +� �, ` .ram .� �. yR♦ 1. - — `_) rl ►. r swo td,`J/ ( ! r T �, • ♦ �' ! if' ��+rr +� yr �`'j.fj YL�. _,J3 �_ _ _ •' -/# ,� Hall, Christine From: Coburn, Chad Sent: Thursday, November 29, 2018 11:20 AM To: Hall, Christine Subject: RE: 4447 and 4455 Main Street Shallotte Christine, The feature that you mention below is not a stream. it is Waters of the State but doesn't carry a surface water classification and is a man made ditch dug sometime after 1993 per the aerial photos. The diagonal feature shown on the topo was not claimed by the USACE and therefore cannot be claimed by the State. Chad From: Hall, Christine Sent: Thursday, November 29, 2018 11:13 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: 4447 and 4455 Main Street Shallotte Chad, Thanks for stepping in again to my Express submittal meeting to help determine if a feature is surface waters. The feature in question is the one that runs down the eastern property line and across the "L" portion of the following tract (parcel #1820013402). Christine Hall Environmental Engineer EXHIBIT B U.S. ARMY CORPS OF ENGINEERS WIL MINGTON DISTRICT Action Id. SAW-2001-00233 County: Brunswick U.S.G.S. Quad: Holden Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Milliken and Lennon, Inc. Address: P.O. Box 248 Supply, NC28462 Property description: Agent: The Earthwise Company Attn.- Mike Ortos!iy Address: P.O. Box 2093 Wake Forest, NC 27588 Size (acres) 3.77 Nearest Town Shallotte [Nearest Waterway UT to Sharron Creek River Basin Cumber USGS HUC 03040207 Coordinates 33.9843 1N,-78.3631 W Location description: The three adjoining parcels are located along the southside of US Hiehway 17 Business, southwest of SR 1 l36 containing an unnamed tributary to Sharon Creek, northeast or the Town of Shallotte Brunswick County, North Carolina. PINs: 1820013402,1820013401, 18200134. Indicate Which of tiie Following May Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. Approved Determination _ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five yeas from the date of this notification. X There are waters of the U.S. on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed rive years from the date of this notification.- - We strongly suggest you have the waters of the U.S. including wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetlands on your project area have been delineated and,the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. have been delineated and surveyed and are accurate depicted on the plat signed by the Co s Regulatory Official identified below on 2/312014. Unless there is a change in the law or our publiNhed rggul2tions, thi§ determination may be relied upon fora period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ' ECEIV= Page 1 of 2 The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You .should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Emily Hughes at (910) 251-4635. C. Basis For Determination The site (PIN 1820013402) contains a waterbody with an Ordinary High Watermark and is an unnamed tributaryUT)_ to Sharron Creek, a Relativelv Permanent Water (RPW) that drains to the Shallotte River, a Traditionally Navigable Waterway. This determination is based on an office reverification by Emily B. Hughes (11SACE) on 1/24/2014. D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The deli neat ion/determinatiori may not be valid for the wetland conservation provisions of the Food Security Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30-103-8901 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Aaril 3, 2014. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this —. correspondence.**._.. HUGHES.EMILY.BURTON.128907 DN dUS oM Sfa m6 MtYJ�4 Dori -Pa —Usk i— nrwK f4fyel.+YnD.a,Ir•+0,3}F1 Corps Regulatory Official: 3660 Date Ap_ri13, 2014 l;xpiration Date Aaril 3, 2019 Copy furnished: OF AD1ViINISTRATIUE APPEAL OP-gTIONS'AND^RROCESS�AND. yLN,OTIFICA4TiON k ` REQUEST FOit APPEAL .>� 4 ' ' �� X r;'� .-Ii_ A licant: Milliken and Lennon, Inc. File Number: SAW-2001-00233 Date: Feb. 3, 2014 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -,The folloWink identifies your rights and options regatxiingan administrative appeal of the above decision. Additional inforniatiot may be found at hftu://www.usace.artny.iiiii/inet/functions/cw/cccwQ/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • " ACCEPT: If you received a Standard Permit, you may'sign the permit document and return it to the district engineer for final authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pen -nit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the pennit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This fonn must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II 7 RE UEST FOR APPEAL of OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR. APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new iriforniation or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may also appeal process you may contact: contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer attn: David E. Bailey, Regulatory Specialist CESAD-PDO Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 69 Darlington Avenue 60 Forsyth Street, Room IOM15 Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have theapportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, attn: David E. Bailey, Regulatory Specialist, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr..Iason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 -LJ .F-J0 GR"MC SCAM IP III V Fr re,MQlrTlt uf,11lAnM ' AIPr.'r111r.N1% 1 bob - 40 a $�sl� s / Serbncks m ary ncruu jar rerkaskr on ldnr panel. TIE LINE TO NCNAD 83 OORDINATES "FORD" X=667764.201 M Y= 26074.476M pk cl birch WETLANDS LINE TABLE. L1\F' LU DISTANCE. 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TAu,b.n..rr�:ry.w..artigp�rrl..P�rdry'- 8)T&rprnpery 0 C I Evr ebr n.n y it y,..,a6e. r rg.r�, r.r6 +r ..n...drnwM.: ys.iss,gpv.r.p, P �WTI/i.`.IW ik M 9) For aurrrnr wrbr...rcryn's. a r6r ajr u.w q,ad.sr ice, p D. 10) No USGS A .jtir/b.rp.ykrd�.dadir&g.r h prn:aaw m.riwdiw (.J ^6,o�g8 (.� 11) Arta mvppxrn 12) Fieiel Snnv,-1 0-y C, IMF PLS. 1-2S29 13) Carrrnr Vniq trail (lam% a, f misting land 134 ' Milkken and L�mvon INe. PB: 24 PG: 210 579 j 1/S Ilf id 4c nor in a hood hatiarl rone. —performed b the offer. rmVet/ 1. all e4sementt and mvs irdonr ofwo d q,( and retheek rtVmmmentt, Touar ofShadom Plamniug Dept. amen! foand milhin 2000' ofsite. y Coordinate Gwmeig. re11412007 it this paml if SH-HN (Hi8/ zig Ronne!! Ditnid). �s n z n rn "fbir mrifiu tbvr dui rop) ajrhir pl.r warn rrly drp}rr r!n iror !y ojrbr jrrindnimr af.5'edian �0e ej rlr C'6aa lG'arerAv or denrariNrd by !l ..drr�ard w 7dri d.a. iinku r&n rr a rhmq� rw r& la.• n .rr p+rd5rbrd .�.lrtra.r, r.:r deter. —fi— ef.Srr+iy' 4q1 jir.iMi,Yioa ..y br .r4rd .po.�6r u pr.red ..r ro arvd frrr]rmr frw thir ,dm. '1 ;8ia drtrnni..fi�r.r .d ra Z.'.,� rh !98 .e p. f grmrrr Wrrlp.df 17 6 rion Manaat" A,pt°to9' UlF--f 7'& D.& U AC% Anie. tO � v .o oo� q� k o 4" CIS 3 ECEIVEL V '1 JAN 2 7 2014 En, MI'm, RD, OFQ T NN C_ r � Q � � F ^ O z � o TG DWI 1"=40' 512512007 � am 01-07-000.2 Norlb Carolina Brunsuriek Lockuvod Folly Shalla to 18200134 SOSID: 1111338 f� 4 Date Filed: 4/19/2018 11:59:00 P\7 BUSINESS CORPORATION ANNUAL REPOR ,r,• 3^ Elaine F. Marshall North Carolina Secretary of State 10-2017 C20.1 S .13.-1 01.1.54 NAME OF BUSINESS CORPORATION: Cook Out -Kings Mountain, Inc. — SECRETARY OF STATE IDINUMBER: 1111338 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 12/31 /201 7 SECTION A: REGISTERED 'AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: ,leremv A. Reaves 2. SIGNATURE OF THI= NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 15 Laura Lan, e, Ste 300 Thomasville, NC 27360 Randolph Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 15 Laura Lane, Ste 300 Thomasville, NC 27360 Randolph SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF ATURE OF BUSINESS: Restaurant 2. PRINCIPAL OFFICE'IPHONE NUMBER: (3361 313-5226 4. PRINCIPAL OFFICE 15 Laura Lane, Ste 300 ADDRESS & COUNTY Thomasville, NC 27360 Randolph 3. PRINCIPAL OFFICE EMAII 11rivae), Redaction I ❑� 5. PRINCIPAL OFFICE MAILING ADDRESS 15 Laura Lane, Ste 300 Thomasville, NC 27360 Randolph 6. Select one of the f6 lowing. if applicable. (Optional see instructions) The company is a veteran -owned small business The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME Jeremy A. Reaves NAME: Morris G Reeves NAME: TITLE: President I TITLE: Treasurer TITLE: ADDRESS: 15 Laura Lane, Ste Thomasville, NC 273 SECTION D: entity. ADDRESS: 15 Laura Lane, Ste 300 Randolph Thomasville, NC 27360-6396 Randolph F ANNUAL REPORT. Section D must be completed in its e ADDRESS: SIGNATURE Form must be Signed by an officer listed under Section C of this form. vIOItRIS G.AV1uS, l ?f Sec-Trea' "—P'n t or Type Name of Officer Print or SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $25 MAIL TO: SecretaIry of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 a personlbusiness NOV 2 9.2010 title of officer BY: - 15 LAURA LANE, STE 300 THOMASVILLE, NC 27360 (336) 313-5226 November 27, 20t S TO WHOM IT'NIAY CONCERN Re: Cook Out Resta6rants 4455 Main Street, Shallotte, NC County Tax Parcel # 1820013403 Stormwater Approvals Dear Sir/Madam. This letter is to acknowledge that W. John Armheld is Cook Out's Vice -President of Construction and Development. Mr. Armfield will attend the hearing on November 29`I' regarding stornnvater approval on the above -referenced site and is authorized to execute documents in connection with this project. $liotild you have any questions, I can be reached at (336) 215-7025. Very Truly Yours, COOK OUT RESTAURANT /J' Jeremy A. Reaves, President cc: J. Christian Russell, PE E EIVE NOV 2 9 2010 J BY:- B-USINESS CORPORATION ANNUAL REPORT 10-2017 NAME OF BUSINESS CORPORATION: Milliken & Lennon, Inc. SECRETARY OF STATE ID NUMBER: 0096318 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 1 2/31 /201 7 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: WFS(-:C)TT St IF r 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY E - Filed Annual Report 0096318 CA201810601217 4/16/2018 08:55 ❑ Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 14 Stone Chimney Rd Supply, NC 28462-3374 Brunswick County SECTION B: PRINCIPAL OFFICE INFORMATION 4. REGISTERED OFFICE MAILING ADDRESS 14 Stone Chimney Rd Supply, NC 28462-3374 1. DESCRIPTION OF NATURE OF BUSINESS: Real .Estate Investments & sales 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 754-2737 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 14 Stone Chimney Rd 14 Stone Chimney Rd Supply, NC 28462-3374 Brunswick County Supply, NC 28462-3374 6. Select one of the following if applicable. (Optional see instructions) 11 The company is a veteran -owned small business The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E,) NAME: SUE C WESCOTT NAME: Alvin E Milliken , Jr NAME: Alvin E Milliken , Jr TITLE: President ADDRESS 14 Stone Chimney Rd Supply, NC 28462 TITLE: Secreta ADDRESS: 4816 White Street Shallotte, NC 28470 TITLE: Vice President ADDRESS: 4816 White Street Shallotte, NC 28470 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a personlbusiness entjtyUE C WESCOTT 4/16/2018 nECEIVE SIGNATURE DA7 NOV 2 9 2018 Form must be signed by an officer listed under Section C of this form. t SUE C WESCOTT President Print or Type Name of Officer Print or Type Title of Officer This Annual Report has been filed electronically. MAIL_ TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 ASSIGNMENT OF CONTRACT This Assignment of Contract is made and entered into as of the t,ZN day of December, 2018, by and between JEREMY A. REAVES ("Reaves") and COOK OUT -KINGS MOUNTAIN, INC., a North Carolina corporation ("Cook Out"). WITNESSETI-1: WHEREAS, Reaves, as buyer, has entered into an Agreement for Purchase and Sale of Real Property having an effective date of September 28, 2018 (the "Contract"), with Milliken & Lennon, Inc., a North Carolina corporation ("Seller") for the purchase of a tract of land at 4455 Main Street, (Tract 1), Shallotte, North Carolina (the "Property"); WHEREAS, Reaves desires to transfer and assign to Cook Out and Cook Out desires to accept all of Reaves' rights, title, interest and obligations in and under the Contract and in and to the Property; NOW, THEREFORE, for and in consideration of the fulfillment by Cook Out of the obligations of Reaves under the Contract, the receipt and adequacy of consideration being hereby acknowledged, the parties hereby agree as follows: 1. Reaves does hereby transfer and assign to Cook Out and Cook Out does hereby accept the assignment of all Reaves' rights, title, interest and obligations in and to the Contract and in and to any earnest money delivered in connection with the Contract. 2. Reaves does hereby direct and authorize the Seller to make, execute and deliver to Cook Out a deed for the Property and any other documents required to be delivered by the Seller pursuant to the Contract. IN WITNESS WHEREOF, the parties hereto have executed this Assignment of Contract as of the day and year first above written. Jff A. Reave COOK OUT -KINGS MOUNTAIN [(// Jeremy A. Rea r ercis-AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY ereialAlllaece 113 0EA001 ' North Carolina Association ofRF-ALTORS'o THIS AGREEMENT, including any and all addenda attached hereto ("Aereement"), is by and between JEREMY A. REAVES, OR ASSIGNS, a(n) resident of Randolph County, North Carolina ("Buyer"). and (individual or State of formation and type of entity) MILLIKEN & LENNON, INC., a(n) North Carolina corporation (individual or State of formation and type of entity) FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN: AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICII ARE IIEREBY ACKNOWLEDGED, T11C PARTIES HERE•rO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property": (Address) Tract I or4477 Main Street, Shallotte, NC containing 0.77 acres as shown on Map Cabinet 108, Page 25, Brunswick County Registry, together with appurtenant easements for utilities, access, and stormwater. Plat Reference: Lot(s) Block or Section _ as shown on Plat Book or Slide at Page(s) . . ...---.- ._ __ - County, consisting or -_ acre:. ❑ Irthis box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated herewith by reference, (For information purposes: (i) the tux parcel number of' the Property is: a portion of 1820013402, (ii) some or all or the Property, consisting of approximately 0.77 acres, is described in Deed Book 585, Page No. 578, Brunswick County.) tf>;ether--w:it#-all-ba ildin�s-a nci-r+Np�l�+nrr}h-FhKr�.11}-an+#-a I I-#i xt ore. -a nt4-ap$t+Herr�+Rees-thrretcr-and-a}#-pe�++a�preprrty-••if�-�+na- item iced-oa-F,xivi bilk (b) "Purchase Price" shall mean the sum of 001100 DOLLARS, payable an the following leans: (i) "Farnest Money" shall ITICrin or terms as follows: and 00/100 DOLLARS .... and Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be promptly deposited in escrow with HIGGINS BENJAIMIN, PLLC (name of persorCentity with whom deposited- "Escrow Agent"), to be applied as part payment of the Purchase Price of the Property at Closing. or disbursed as agreed upon under the provisions of Section 10 herein. 31-I;1;l�KF;Iz-#,-re�P,;n�S1�TCF�]#�,u-#-z#r�l—ttt, PLAC-'9P-FN-A-�f*T-914Fc:T-83,AR14NCTTkt�.4F.>.C-C-9k1#�{T� 4r�i#3—{crree!a►riyF�4islx,.ti El-ATV-Y-Mt-T911ES �E.�FiNf�1�FHF;RrsF]AiSIi l 6 BIB .4RRLIF;D AS R.►R� R�1,tit[4?l Or i'F{I; R611ZC-''1•Fr1l;Fy-P R ICC Fr AI;�FtI?-kIZAPl}1t-T-Y-A=f--�b9S1*'tiG,-F}#i-�3i�;{3(%�,S�i�,}Ii-,#{-.-F�r#:1�#Z~k%E��l:+i Buyer Initial Seller Initials Page I of 10 AsMI iillan I;orm No. SBUT C Revised I20IS•'12017 Printed by Agreement with the NC Bur Axsnciulion "this standard farm has been uppraved joinnv by: North C:lrolioa North Carolina Rur Asxnciotion NC Ror Firm Na. SSOT Mirth Curulino tivrucialunl of 1tc� rs�n� ���"' 'I' DEC 0 3 2018 U•\f)1•;it=f HF:•I'NO'r�i�lO:\ti OI� tiF;t-..f•111� I+1-Ili•; ItF:I\,--{Itucrr�;'I'll�trsktier-W.nufratiur}?Gokuhrr U-A`1wl\"l-1•;EtGJ'I�E{-AFt�I;D=I'IIE:KI{O,V•tiilr1i.11-lil•:1a)�f:=1'U=1'iIF:-:IGCOII�'l�E#L)Li)i';It-Iti i'U\till)h.Ft:> I'EF):�-Of-TIII:-l-AVENSES-1\CUltltl•;I)-•II1=,MAINTAI,\ING--SUCll-•rI000t;NT ,xNh•I11":COk2US-ASSOGIATED TIIt:REWITI1. —•- -.-__,..-_���.....- _-- - 'yelliti.�t[i{I}-all W1101i1Ttth'a period novi,! C.\i:+'�d--tiCilTti--ai--;4r}-IIN2rt'S(-fd{�- 3{-{,�-2 i�•�cl _ - -. ---^"i?tf-�il1H}il{t}-�iii}--11}elT{�il�t-I:klll-�I4+i.?i!f}{-�k1 N1{?-tl,�i•-i,�.r\irYal-__"-n-Ji-lh�-E, ):i11 anwitat-. or- och othef-iemii ai-may-be set-it,rii}pay. allislted-will) ;!{l1 sueil-loan- w----_....--" - -•�•"-•---••••inli-Drhyel'Fnf-tl- 1rE)11111SUrV--IIUEI'•?l'llk(l'lI•}74-i!•,]reJ•uhtrw;F-,kid"1)r,nni>;uTF-nc,;r-il}-the-itn}ntillt-ui heHl� ie848b1e o"ef-ihtdrm of-- - 4eill',tirtl it I ln•Linwri i/al it perioii,,-l' year>: }}F}"able-in-I noF hl" ins'laIIfnenFa•of-principal-it)geIIier-wiIif- F{lctl-IIH1Ttil-,ln-tIle -,1111SMFit] in`-prin6pitI-i}i allce-al--ilee-r:[ic ,lI^----________- _ _ '--_.___ _j7t'I'l't'3!E-t _ `-'�}•prT-inlfnlli}-in1i1C'i31311111i1i•l}#.-C ------ 4Vtil}-Elle-Elrst-pert�tlp;d•pik4111eni•IaC_kI11IllFkutSii-the-lift!-tlil4�k,I•lhe•l}}l]nlll-ne\E-±lllCettiin �-lilr-[Iiklc' ,H�(-1,?;ink: e'1=�uiil uEh2i"-Err!)ti,:i-Enil4�l)d-�ti !ill'tile?!}-F:\Ill!}II-EI;-rIl•;:114-EI{)7y"-Elle•{!fJii}i�+elFy-ii[ii�-n};44•tey' P Fepillil•H}-[+•l}ille-LSF--ht-pilrt-wll]k?kkl-l>'- Ililli4•i!n[I-withuu{-tilrtlleF-Etklc re�i-,.Hi-tile-;lEnal!!mi-prrpald-iT�nn•illr dilie a'E-iuth-prepay 113e1}{-(NOT[::-Ifi-Ifie even( -of. litiver-s-subsetl tivii 1-defimI t-tklwn. i!-promissort•'-kll lie and dced•of•IruSt-�iycn hereunder,-SeElrr-s reknellies'uul�'-1}e liuliled•1r)-foreclostire i)f-1he-Property:-If the kferd of trust-�i4'ell-hereunder-is-suhurdirEltte[}-eel-seniiir-finllnei{}�,-Ihe-mnEerinl-fernl+of-such finalicill!-intl,t=)r-set fnr(Il-ern-Fxhihit-Il.-If-,tie h-senior-ffnnncint!-is- sit bsegtiendy-foreclosed.-tlie Seller-nmy-E}IEvrnn-rernrdti Urreeover-older-tlie. Fmic.J (i4;-AsNukilsit ilkn-Ji-lhiii-tailmid-ohlit!atitm-ot'-'Sellei- secure!!-ley-it-deed-„f-irkl.E-ten-the-l7ro}?rrt} -:u. h ohligalion-ha4in�lti-.1lkt;;;lnl€in ltriniif):d-hafilncr t?1-S_ ------ --T-- - ilFld•Cy3,1Nn�C,i•134-i1-n,)ic'-f'rarifl�-1!){ek C4i-i!{�tlFe-r;{lt'e�I ______--pertrllt-1_�_ _"•o} per-ikllnnkii:;ik1i)-k�uriYnF-f)ik4knekli-;SnE,�hlni o{-S- (,') Cash. balance of Purchase Price, at Closing ir. the amount or ! and 001100 Dollars. (c) "CEr�" :hall mean the Chile oreompletion ol'the process derailed in Section I I orthis Agreement. Closinu ihall occur on or belore -_ or fifteen (15) days from expiration of Ette Examination Period. (d) "Contract mile" moans the hate this A reviictll has been fully executed by both Buyer and Seller. (e) -Examination Period'- shall mean the period beginning on the first da}' after the Con( -,act Date and extending through 5:00pni (hascd upon time at the locale or the Property) on one hundred twenty (120) days from the Contract Dale. Buyer shall have the option to e.xtcud the Examination Period by one (1) periods of thirty (30) days upon payment to Seller of an exleasinn fee of Fire Thousand Dollars (S5.000.00). The foregoing extension fee shall be applied to the Purchase Price and shall he non-refundable except in the event of breach of this Agreement by Seller. TIME IS or THEIi.SSEr\'Cli : IS TO THE Et';1.41V%A T10A' PFRIOD. Auyzr Initial T�, Seller hEitials ,- _ - - Palsc 2 of, 10 A.weiadoti form No 5f il' 0 Hcee,cd 1:201 _. 7r:pt , I hi, wndad f,m, Ims hacn apprnrce jointly h}• K,,nh t. xi ling Prinfe;t I,% Agra-nien[ 16lh the NC Feu A,wciwwn North Carolina Fix Assnci:nion - N(' tear Fimn No 58+11' North CarClina. "1h:iuti)nofFivalllir5'& In,;,-Slandnrd Form 5801' I_t) "Brokers " shall mean: The :Milliken Company f"List'sn Au cncy"). Alvin F. Milliken,.11'. ("E_rtihng Agent' - License 38334) Acting :ts: iR Seller's Agent; ❑ Dual Agent O (i) and - NIA _ (" Sellim- Agency-). ("ScHiat> Agent"- License : Acting as: Q Bu}cr's Agent: 0 Scllcr's (St1b )Agent: "Seller's Notice Address" Shall be as Iullows: Milliken & Lennon, Inc., lJ Stone C;himne% Road,Supply. NC 28JGZ c-mail address: hmillil.cn.l.t i,lgrni:il.tum rat nunlhcr.- except as sarie may be changed pursuart to Section "•l3ucer'.s :\'olice Addre%%" shall be as lollowi: Jeremy A. Rcaves, 15 Latira Lane. Suite 300, Thomasville, NC 27360 c-mail itddress: jreavcslincuokoul.Clm !ax ntuniier: ah-171-1349 except as same may be changed pursuant to Section 1-7. 0 Dual Aoent If this block is ,,larked. additional terns of this Aureciuc it are set lilrth on Fthihii B attached hereto and incorpomttcd'ncrein by refcrcncc. (Vote: Under North Carolina lacy, real Ovate agents art not permitted to draft conditions or contingencies to this agreement.) } lt-ill tti-lAt4'k--i�-fnarkrd-tdtl Iti Noll-wrrll� 4'1ill+-Az ern!cili-iii'r--,et-ti'rill-ton- t ht--7i1dkit ma i-12roM 0"lo ddgl lid toIll t-l•tlrin i81-1.1-auilchetl-herctts ilr4il-!F(t�l{-l}�lriith{-i12 rC n!-l�i^rC(t+rNllle: Section ?. Sale of Property and Payment of Purchase Price: Scllcr agrees to sell and Buyer a_g-rces to buy the Propcny for the Purchase Price. Section 3. Proration of rtpunses and Payment of Costs: Seller and Buyer agree that all proper,}' taxes (on a calendar Fear basis), leases, rents, mort-age payments and utilities or ❑nv outer assunlcti liahilitiCS as detailed tin attached Fshihil 11, it any. shall he prorated as of the date of Closing. Seller shall par for preparation of a deed and all other documents necessary to perform'Scller's obli.-ations under this Agreement, excise tax (revenue stamps), arty deferred or rollback taxes, and other conve}ancc lees or taxes required by law, and the fallowing: NONE Buyer shall pay recording costs, coats of alto title search, tint: insurmcc, ourvcy. the curt of an,. inspections or investigations undertaken by Baer under this Agreement and the; following: \O`E Each party shall pay i,s own atturney's fees. Section J. Deliveries: Seller agrees In use hest elTuns tit deliver Ito Royer as soon us rcosonably possible alter the Contract Dale copies of all material information relevant to the Property in the possession ol' Seller, inclWil:g hill not limited to: title insoirmcu policies (;trod copies of any documents rererenecd therein). surveys, soil test reports, environmental surveys or reports. site plans. civil drawings. building plans. maintenance records and copies o1' all presently effective warranties or sen'ice contracts related to the Property. Seder atnhorizes (1) any aaamey presently or previously representing Seller to relvauv and disclose any title insurance policy in such anumey's file to Buyer and both Buyer's and Seller's agents and attorrtets, and i2) the Property's title insurer or its agent to r0easa and disclose ail materials in the property's title insurer', (fir title in.urcr's aLcta's) life 10 Buvcr MICI hot}, 11111'er'S and Sellers agents and attorneys. If Buycr?nitials Sailer hlitials Pagto 3 of I(I r7gneiliti«tl Porn: \'u. 9801' i, ties isr,l Ir:ul9, 7l2t)17 I luc'tatlda<d I'mil has teLtin apprtl cWJoiraly� Itv-:Jvrltl Ctuoltni Printed by ,Ign:.mect with the *C: Bar Asi•,ci:uirn North Carulira Bar i%ssa_iatien MC Hat Form ko :811t' Wirth Csr:,lina •laantiatiun nl Rcalulr.x:. 6a • Si.adard Paint 5,D I" Buyer does not consummate the Closing Ibr any nation other than Scllcr default. then l3u•:cr shall rerun: to SAer all materials delivered bv' Seller to Bayer pursuant to this Section t (or Section 7, irapplicablc), if any. and shall• upon Seller's request, provide to Seller cupics or (subjectw to the ownership and copyright interests or the preparer thereol) any and all studies, reports, surveys and other information rckiina directly to the Ptoperty prcparctl by or w. the requesi ur Buyer, its cnlployees and agents, and shall deliver to Seller, upon the rclea;c of the Earncst Money, copies of all of the "bre oin without any warramy or rcprescntation by Buyer as to the contents. accuiucy or correctness thereof. Section S. Evidence or Title: Seller agrees to convey rce simple insurable title to the Property without exception ror mechanics• lien:, Free and cic:tr of all liens. encurnbran(:es and defects of title other than: (a) zoning ordinances affecting the Property, (b) (_eases (us defined it) Section 7, if applicable) and (c) specific instrument, on the public record at the Contract Date agreed to by Raver (not objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed rurerenced in Section l I (items 5(a). ?(b) and i(c) baing collectivuly'•Permitted Exceptions"): provided that Seller shall be required to satisrr, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money. such as deeds of trust, riortgages or staltrory liens. Seller shall not enter into or record any instrument that affect; the Propem. (or any personal property listed on Exhibit A) after the Content Dele Wilhuul the prior written consent of Buyer, which %:unwnt shall not be unreasonably withheld, conditioned or delevcd. Section 6. Condilinns: This ALr:zmenl and the rights and obligations ot-the parties under this Agreement are hereby made expressly conditioned upon iul:illment (or waiver by Buyer. whclher explicit or implied) ot•the following conditions: Iitl-:L'esL•I.{IkIII:lheI3}}VefIl}lititl)rable it) okiit in. [lie -foan,-kf-}tr1V-Fe[eight:etl-IF)-Seq ioit-1(bi{-i3):`J{Wk}iltii:inttil�-;tttCl'- -_ _ Seller-may-reeluem-IF} Krliln�-Ir(1131-I�1lVtr-il-cl)I!v-tlt-the-l'tlFn3131t111el1Ffeiielr-l-E"I;ttVei'-f;{It> [n provi tie Seller-a-copy-ol-t lite-%:,)ill lit it File lit -10it! r'"ithm Iltt -{ ]•da4ti of-FriNlpl-elf �ieticF�ti-rtEl}fetil:--iht'n Seller-nlav--teFtu inatr-this Agreenienl-leCopy-0 -1 he-%:oFnn))1 n12111-letter. akrtl•lSuver-shalt) Freeivr .!•retuln.�l-)sill Fiem- btone' (1%)-01131 fcl)tiol)-fnrY>ti+alit ptiun-=1:heot'1igaliollst13=t3uyeF-uEltter-t€li;.rlerce}vent:}rrcunJilit)rtzd-u{?uF)-13o�er-txi}i,-ablr let-i{ysllnlrFI)� -rL: k+ikn�-Ioani]t!+i Fll?t{l-:lhetVt'.-•I I -+ski t}-;tsti4kl11 Pl1eln-reef {] Ir@tiII}t!INF}tleF-tiilpprteV i!];-till ti•2!-:kart'L'�-Et>'-i1jC-IE�-l4'tit-t•f�ttrl+l,f .e4tire-+ut:It-appro4iiktntk,?-;tJvist•-Seller-iiniiwdiiiieN-tilyon-receipt ofilie- lefideFc:-tlrc-ision :-ApprEtOat-kttust-br ;F3m[ed-ult or-NCerr . {ln:!F-410E,tl'e-ihisdale-tSilV2r-has•fha-Fi�tti-It!{Lrll}lens)tt:-ilits•r�3r2eFnent-tt)F-3aift)fe-Ee}-t?eaLIC-ltg itsstull illy- foilt) ttt:seFibe"'xovte-b,, JZItverint-tag-5cfler-%ri;let ), no, leer•t)I-[L'rniinill itrfi•by-ilit!-}iN vt it;tie74imL-fteh'.,-<Jf (he-e.viei e.- ItllveF-(fefiVrrti;i)tIl-n/)ii4t'-iltlj-:1�FCemen[-tihilll-t?C-!ii}it-i!n(1-Vt]lii-ales)-E_itFil�;E-�tt!n�V-;tlitlt-f1v'-rti43rldt'{f-EV-f34fV<Ff#^E[}14Cf fGilf.-Eta tIt!Iltt!k=+ncll-IkglkeC; [hell-l;!}tier-yt•IlI•�edtemleil-lt)-i};t4r•t�itfVt'lf-[hk'i-�t?ndll FtiFl—L�1}fetiti{)r;!�I(Irttt)[hcF«!iN-i!)-SCf:iiUfi=*-Ilt'Ft't�I-ltil4t'F all:klf-peV•afI-tars•antf-isi!Si>-;?StiJClat2d-51•'ifl!-i}!!V-illih-atitiiiE3lf?tk{)!1--E!lCI}!(I111�-;:IIV iititi}!F!lptltlll•ttt!•har�r`l;-L�Hik}t�fCnilt•F:--�t-t!r-t?�1t)FC C-•losiIler-- 4a1I-assi-ti-ii 13ii"r aII--interry[-of-Selit:F-!}l-i!E)L-�atrrefii-iteserves-i?r escrow s-lie Id -by - the -lender—any-prnper[V FI{:t)1a �ekndlli-CUM p;kIlV-@nd�Nrz�rllrF—lml'Ill(I)Ei�-bnl-reps-fH I} I}Bd-i{)-$fl:-IC'iiii)li--IIF}pr}t4elnr!)E-rtttieFV2sr Irit5Fn!+-cUn1Ft1)ri!tl I}-rrtiel'Vrn; +ettn'ii4.deposittialufopeFalssnu•{,r-t:al)ilalre;erves•lilr-Whi,:h feller-;hi3ll-i?e•i Fclfliell-s:klEt•illntlnm}ti ;n-C-lt!ti{t}`; (c) Title [tixalninalinn: Aficr the Contract bate:. !)liver -shall, at Buyer's expense. cause a title examination to be made of the Properly herore the end of the hxamination Period. Ill the even[ that such title examination shall show that Scli&s title is not Icc simple insurable. subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title delects and exceptions, in no case later than the end orthe Examination Period, and Seiler shall have thirty (30) days to cure said noticed derects. Irseller does nut cure the derects or ohjuciions within shiny ( +b) days of notice thereof, then Buyer may ternirate this Akreement and receive a return of Earnest Money (notwithstanding, that the Examination Period maV have expired). If Buyer is to purchase title insurance. the insuring_ company must be licensed to do business in the state in which the propene is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Pemiined Exceptions. (d) Same Condition: If the Propem, is not ir. substantially the saine condition at Closing as or the date of the offer. rea;unahie near anti tear rxccpted, then tl•x Btlyci nwv (I] ter11 im-.IL• this Agrucincnt iutd receive a return of the Earnest Sfuney or (ii') proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Sellers insurance proceeds payable on account of the damage or destruction applicable to the Property, (e) Inspections: Buyer, its assents or representatives, at Buyer's expense and at reasot}ablu times during normal business hours, Shall have the right to enter upon the Propem• for the purpose o inspecting, fxanlining, conducting timber crlkes, and Ciuye: Initi:tts\\T Sc lEcr Initial;" — _ Page a or 10 •vswaianor.. Form Na, jynE' i K:ctsv3 IP_llt:, W.101 F This standard Wtm Ir i been appratrdjaintly by: Nonn C:arolint P,intcJ bt A:_;recr unt t%i:h the SC Har Ai�ccialion N,,ch Cwolina N. Atsociasion - \C filar 1'onn No 5NOT North Caudioa ANWCi,lt6tn ed Rruhvr}"R. Inc -St mdze Farm ;X111' survevin!, the P-operiy: provided• however, that Buyer shall not conduct any invasive teslin, of any nature without the prior express written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on -site inspections. e.x;}[ninatiorts, teslin„ tinther cruises surd surveying of the Property in a good and uarkmanlike manner, at Buyer's cxpcnsc, shall repair any damage to the Propery caused by Buyer's entry and on -site inspections and shall conduct sane in a manner that does not unreasonabiv interfere v th Seders or any tenant's use and enioyment of the Property. In that respect. Buyer shall make reasonable efforts to undertake on -site inspections outside Of the hours Seller's or any tenant's business is open to the public, Buyer shall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and lihird party .service prodders (e.g. in mccton, suneyori, e[c.'I to ;?ive reasonable advance notice of any entry Unto the Propem•. Buyer shah be obligated to observe and comply lvith any terms of am tenant lease which conditions access to ouch tenant's space at the Property. Upon Sellers request. Buyer shall provide to Seller evidence of -encral liability insurance. Buycr shali also have a right to review and inspect all contracts or other agreements 417ectin, or related directly to the Propery and shall be entitled to review such hooks and records of Seller that relate directly to the operation and maintenance of she Property, provided, however, that Buyer shall not disclou any inibrmation regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as con"idemial. to any person, except to its atiorncyx. aecauntauts. leaders and Other prole>siomd advisors, in which case Buyer shall obtain their a,rcenicnt to naintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representative, in exercising its rights under this Section bie) and agrees to indemnify and hold Seller harmless thor any damages resulting therefrom. "I'his indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section u(c) above. Buyer shall have front the Contract Date through the end of the Examination Period to perl'urm the above inspections, examinations anal 1t:sti ig, IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVfDF.S WRiTTEN NOTICE TO SELLER THEREOF PRIOR TO THE. EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREENIENT SHALL TERNIINATE, AND BUYER SIIA1. L RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): (] If this boy is checked. Seller affirmative€y represents and warrants that there are no Leases (as hereinafter defined) at)ectirig the Property. If this box is checked. Seller discloses :hat there are one or niore leases aff'ectin, the Property ("Leases") and the llollua'ing pnniaions are hereby made a part of this A,,recmem. (a) A list of all leases shall be set forth on Exhibit B. Seller represents and warrants that as of the Contract Date, there are no other Leases, oral or writen. recorded or not. nor any subleases affectins the Propery except as set forth on Exhibit B. (h) Seller shall deliver copies ofany Leases to Buyer pursuant to Section d as ifthe Leases were listed therein: (c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which. with the passage of time, or :he giving or notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Delhult as of•the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section •1, Seiler agrees not to commit a Lease DeF.tu11 as Landlord after the Contract Date, and agrees Further to notify Buycr immediately in the event a Lease Default arises or is claimed, asserted or threatened to be avt:red by either Seller or a tenant under the [.ease. (d) In addition to the conditions provided in Section b of this A-recmcnt, this Agreement and the ri-]its and obligations of ep the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form. and current acceptable to Buyer (with tenant's written consent and acknowledgement. it required under the Lease). Seller agrees io deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited in Buyer :it or beli,re Closing. The assignment shall provide: (i) Ihat Seller .shall defend, indemnify ;end hold Buyerlhartnless from claims, lnsws, damage; and liabilities (including, without limiCnion, court costs and attorneys' fees) asserted against or incurred by Buyer which are caused by or the result ofany default by Seller under any Lease prior to the date of Closing, and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims. losses, damages and liabilities (including, without limitation, cnl:n costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by Rover under anN Lease aller the date ot'C losing. ]iuver Initials a;<ncf:Ilion Finn \„ SAn 1' ,) Rrvi;_d 1121113, I'nn[ud he Aercrrncnl uirlr plat NC t{m r\s.uciuunn Scllcr Initia€s Pau J; of 10 111i, aandard limn ha N:m appruwd joinrfv by: Nunh Carolina North Carolina liar :Us,+cirrion - �'C: liar t'„m1 �o. 5:fff Non Car. +Iina Ii.:citsdon of Rcut:orsx, In; - Stxndatd sprat ?sir ' (e) Seller :Ilia agrees iti ex CCBIC it deliver land wt+rh tlili_eI;IIy it Ailain any tenant Si natures nece*s:try for sarnel on_y estoppel certificate; and subordination. nondisturbance and attomment agreenicots in such form as Buyer may reasonably rcquem. Section S. Environmental: Seller represents and warranis that it has ne actual knowledge of the presence or disposal. cxr:ept as in accordance with applicable late, within the building; or on tl,,c Property of hazardous or toxic waste or substances, which are defined its those 5uhsEwccs. tmaeritak, Auld 11aSIe5, inc:fniing, but nol limited it), baize :uhcumces, materials and w'aaia listed in the United States Depann-wnt of'frtnsporimion l lazardocs Materials Table (19 Cult fart 1 , 3.101) or by the Environmental Protection Agcocy aS hazardous substance:: (40 CFR Part 302.4) and amendmcni.i thereto, or such substances. materials and wastes, which are or bccone regulated under any applicable local. ;taie or federal law, including, without limitation, any material, waste or substance wh:ch is (i) peireleurn, Ni) asbc;to%. i.iii) poltchlorinat•'d hiphenyIs. (iv) designated as a Hazardous Substance pursuant to Section 311 of the Cican Willer Act of 11177 (33 U.S.C. y 1321) or listed pursuant 10 Section 307 of the Clean Water Act of 1977 (33 U,S.C. § 1317). (e) defined as a hitxardous waste pursuant to Section 1004 ofthe Resource Conservatism and Recovery Act of IR76 (.S"_' U.S.C. §6R03) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and LiabiEhy Act al It7RU I43 9601). Seller has no actual knowledge ofanv contamination of the Property from such substances as may' have been disposed ofur stored on neighboring tracts. Section t)• Risk of l.uShc7:uu:t6e/Repair. until Closing, the risk of 14s9 or damage to [tic Property, except its ulhenvise provided herein, shall he borne by Scller. Except as to maintaining the Property in its same condition. Seller shall have no responsibility for the repair ofthc Prnperty, including any improvements. unless the parties hereto agree in %+'ruing, Section 10. Earnest Money Disbursement: In the event that any condition hereto is not Satislied, then the Earnest Honey shall be relinnded to Royer, In the event of breach of digs Agreement by Seller, the i3nrne;t ivloney Shall be refunded to Buyer upon Buyer's request. but such rcium sliall not afTect any other remedies available to Rnvcr• liir Such breach, In the event of breach of this Agreement by Buyer, the Earnest Money Deposit shall be paid to Scllcr as liquidated dalnageS and as Seller's sole and cxelusivc remedy for suer breach, but without limiting Seller's rights under Section 6(e) or Section 22 of this Agreement. it is acknowledged by the parties that payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, such atnnunt being a reasonable e;timation of the actual loss that Seller would incur as a result ol'such breach. The payment Of the Earnest ,Nloncy to Sellcr sliall not constitute a penalty or torfeiutre hill actual compensation for Seller's anticipated loss, both panics acknowledgine the difficulty determining Seller's actual damages for such breach. NOTE: In the event of a dispmc between Seller and Buyer over the disposition of the Earnest ;Money held in escrow, a licensed real estate broker is required by state law (and Escrow Agent. if not a broker, hereby n Ices) to retain the Earnest Nloncy in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the panics consenting to its disposition or until disbursement is ordered by it court of compelent jurisdiction. Alternatively. if a broker or an attorney licensed to practice law in North Carolina is holding the Earliest Money the hroker or altcuncy nt:sy depnSit ilte diSpuled monies with the appropriate clerk ol' court in accordance with the provisions of N.C.G.S. 93A- 12. Seller and Btiver hereby agree and acknowledge that the Escrow Agcnt assumes no liability in connection with the holding of tine Earnest Money pursunni hereto except for negligence or willful misconduct of liscrow Agent. Escrow Agent shall not be responsible lm the validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer hereby agree io indermiil'v, prolecl, save and hold harmicss Escrow Agent acid its sncccssors, assigns and agents pursuant to this .4grccrnem. from any and all liabilities, obligaions, losses. damages, elairrlS, actions, suits, r:os1S or expenses (including attorney fees) of whatsoeycr kind or nature imposed on. incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of this Agreement and any action taken hereunder: provided, however, that Seller and Buyer sliall have no such obligation to indentnify, save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as it result of Escrow Agent's negligence or willful miscondtct. Section 11. Closing: At or be:ore Closing, Seller ,hall deliver to Buyer a ipecntl %yarr:rity deed unlezS mherwkt: Specified an Exhibit B and other documents customarily executed or delivered by it seller in similar transactions. includin_ wahout limitation, a bill of sale for any personalty listed on Exhibit A. an owner's affidavit, lien uaivcr ti)rrtss (and such other lien related documentation as shall pennit the I'roperr to be convcyted free and clear ofany claim for mechanics' lien,) and a non -foreign status affidavit (pursuant to the foreign lnvestmeni in Real Property'Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The Closing :hall he conducted by Buyer's attorney or handled in Such other manner as the panics hereto may mutually agree in uri[ing. Possession shall be delivered at Closing. unless nthe:nwisc agrecsl herein. The Purchase Price and ulher• finds lu he dishrrrsed pursuant to this Agreement Shall not be disbursed until the Buyer's attorney's (or other designated settlement agent's) receipt of authorization to disburse all necessary hands. Buyer Initials Seller Initials Noe 5 or 10 ob 06ilti'M Foal `') 59t) I'(', Itm isce! t!Zn19. 7 Zti]-, I his aIandard )grin has hccn approved jnindy by: Nunh Gicolina I'eiffini hp AgMMICnr t,ilh the N(: Bar Asuteiafiun Noilli Carolina Rev A;anr.iarion - M'Mir rorn+ No 5sirt vnnh C:uoIina Association ol'ItcaltON$A% Inn. - Standard Futm 580'I' Section 12. Notices: Unless otherwise provided herein. all notices and otter communications which may be or are required to he given or made by any party' to the other in connection herewith ;hall be in tvritin-1 (Which shall include electronic mail) and shall be deemed to hays: been pr6perly given and received (i) on the crate delivered in person or (iij the date deposited in the United States mail, registered or certhtied, renim receipt requested, to the address:, set 0u1 in Section I(g) as to Seller and in Section i(h) as to Myer, or at Such otlicr addresses as specified by written notice delivered in accitrdanve herewith, (iii) upon the sender's receipt of evidence orcontplete and Successful transmissiun ut'electronic mail or I'acsinhilc to the electronic mail address or facsimile number, it any. provided in Section 1(_) os to Seller and in Section l(h) as to Buyer or fiv) or. Lhc date deposited with a recognized ocemight deliver} service, addressed to the addresses set out in Section I(_z) as to Seller and in Section Wit as to Huyer, or at such other addresses as specified by ~written notice delivered in accordance hercnith, if a notice is sent by more than one method, it will be deemed received upon the earlier of the daLei ofreccipt pursuant to this Section. Section 13. Counterparts: Entire Agreement: This Agreement may be cxccuted in oar or more counterparts, which taken together, shall constitute one and the same original document. Copies of original si,—naLure pages of this Agreement may be cechangcd via facsimile or e-mail, and arty such copies shall constitute originals. 'This \yreemcnt constitutes the sole and entire agreement ,more, the parties hereto and no modfl-Wation of this Agreement :hall be binding unless in writing and signed by all parties hereto. The invalidity ol'oae or more provisions of this Agreement shall not afreet [he validity ofany other provisions hereof and this Agreement shell be construed and enforced US if such invalid provisions were not included. Section 14. Enforceability: 'this Agrcement Shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties: it being expressly agreed that the notice described in Section 12 is not required for of ective communication fitr the purposes of this Section 14, The parties acknowledge and agree that: (i) the iititials lines at the bottom oreach page of this ,Agreement are merely evidence of their having reviewed the [outs ur each page, and (ii) the complete execution of ,ugh tn[tials lines shall not be a condition of the crrectiveness of this Agreement. "fhis Agreement shall be binding upon and inu-e to the benefit ofthe aardes, their heirs. successors and assigns and [heir personal representatives. Section 15. Adverse Information and Compliance with La%%%- (a) Seller hnoivlcd<oc: Seller has no acwitl knowledge of (i) condeninetion(s) affecting or contCmplatCd a ith respccl u, the Properrv; (ii) actions, suits or proceedings pending or thrcatcred against the Property (iii) changes contemplated in any applicable taws, erdirances or restrictions ah'tec[in_ the Property: or (iv) governi:tental special assessments, either pending or confirmed. for sid:wvalk. paving, water, sewer, or other improvemems on or adjoining the Property. and no pending or confirmed owners' association special assessments. except as follow; ( Insert `Tone" or the idcn[itication of any matters relating to (i) through (iv) above. ifaav): \C1VF. Mott:: For purposes of this :Agreement, a "confirmed special assessment is dcf-fined as 2n assessment that has been approved by a governmental agency or an owners' association for the purpose(s) Stated. vvhether or not it is firhly payable :tt time of closing. :A 'pending' special assessment is delined as an assessment that is under formal consideration by a governing: body. Seller shall pay all ownersassociation itssessinents and all gov'Cmmental assessments confirmed as of the date of Ciusing. if anv. and Buyer shall take bj title Subject to all Pending zisesSMCIIIS JISGIU5ed by Seller herein, if any. Seller represents that the regular owners' association dues, if any. are S _ . _ _._N,' A 4 - _ per (b) Compliance: To Seller's actual kno�%lodge. ('t) Seller has complied with all ;applicable lawe, ordinances, regulations, statutes, rules and restrictions pertaining to or affening the Property: (ii) perlorntance of the Agreement will riot result in [Ile breach of, curimitute anv dt:fauli under or result in the imposition of any lien or encumbrance upon the Property under any agreement or otter init.umew to which Seller is a pang or by which Scllcr or the Property is hound; and NO there are no let_al actions. runs or ,Hier leg d or administrative proceedings pending or threatened a_a rst the Property. and Seiler is not aware of any- facts which might result in any such action. suit or other proceeding. Section 16. Survival of Representations and Warranties. All representations. warranties. covenants and agreements mad_ by t he parties herein shall survive etc Closing roil delivery of' tee deed. Seller shall. at or %vithin iix (6) months after the Closing, and without further consideration, execute, acknowledae anti deliycr to Burcr such other documents arid. in.trumctus. and take much other action as Buyer may reasonable: request or as may be necessary' to more cffcctivcly transtcr to Buyer the Properry described herein: in accordance with this Agreement. Buyer initials 0—Ij Seller Initials Pane 7 of IU As;ocia6on Iona Na SaflT A Rcvocd I!Zt115. 7'201 . Ihis standard Germ 112; hccn apprnvcsf jcinrlw' hp: North CawIina ''tinted h% Agrccraem •.with the S:C H:Ir l%@NCIII11,41 N:rrh t'amlins Firer A<cuciatina - M' titre Fnmi No 9varr Kurth L7ur Tina Asmeciation of Realtor~ ra. Inc -?tandard ?- xmi ; NlrI' Section 17. Applicable Law: This Aerectrient shall be construed under the Ian's of the state in %%Iiieh the Property is localcd. This form has only been approved for use in North Carolina. Section 18. Assignment: This agreement is ti-eely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to eilect a tax -deferred exchange in connection with the conveyance of the Property. Bttycr and Seller agree to cooperate in effeclin, such exchange: provided, however. that the exchan_,ing party shall be responsible for all additional costs associated %%ith such exchange. and provided further, that a noo-exchanging part' shall not assurne any additional liability with respect to such tax -deferred e..xchange. Seller and Buyer shall execute such additional ducantenls, at no CUSt lU the nun-e.ultangirtg tarty, -.!s shall he required to effect t„ this prnvisiuu. Section 20. 1•Iemorandum of Contract: Upon request by either party. the parties hereto shall cxceutc a memorandum of Cntrtct in recordable form setting forth ¢ECI} provisions hereof (other than the Purchase Price. and tither sums due) as either party may wish io incorporate. Such memorandum of contract shall contain a statement that it automatically (errnin:ues and the Property is released from any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date ofClosinL). 'i'lu cost ufrccorr ing such roclnorandum of contract :hall he honte by the party requesting, cxcculion of's;une. Section 211. Authority: L••ach signatory to this Agreement rcprescnts and warrants that he or ,;hc has full authority io sign this Au. -cement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on beF.alf of the party for whom he or she signs and that his or her signature hinds such party. Section 22. Brokers: Except as expressly provided herein, Buwcr and Seller agree to indenmiiy and hold each other harnilesti from any and all claims of brokers. consultants or real estate agents by. through or under the indemnifying party for tees or commissions arising ouL of the sale ofthe Property to Buyer. Buyer and Salicr represent and warrnt to each other that: (i) except as to the Brokers designated under Section I(fI of this Agreement, tliev have not emplord nor engaged any brokers, consultants or real estate agents to br involved in this transaction and (d) that the compensadfin of the Brokers is established by and shall be guvemed by separate agrccnients entered into as amongst the 13rnkcrs. the Buyer and:ur the Seller. Section 23. Attorneys Fees: if fugal proceedings are instituted to enforce any provision of this Agreement. the prevailing part% in the proceeding shall be entitled in recover tram the not -prevailing, party reasonable attorneys tees and court costs incurred in connection with the proceed;n;. —f,-JFS.NS-1 N:rIIFci'IC STi;CC{3-.I I' he-adiat ew-box-Is checke,i: Seller -di c ;rti-kIiitt-(lie -Property- has- been- ekiti-pFe%-itiusly {tllher-H}-tkl}t?le--t)Y kn-l?stet)-wltll-ilkl—N.\Fe'riUr-IitikkiatErk�-if37il-tlnitil}IIt�+�tiFCltl—F:�rrtirnl77}I4-�nitKn-iiti—ISII•_S-fir='�4:ft(ite:tlC->(irti�t�- `e'iit'� It}iliirG rkl� Fe'pre'_k'ii(it4lslrtti•ilE»�4'arrunlic'ti lide tendew-del e"ll lnal li ills itith respect tt} conditionts related -It} or -occasioned by the 2K7tiEtI1�Y tiI tillilt l}}44[t rl;llti t-(Itr-Prk�l?rR4: Buyer Iniiia1 Ps;Kid [sort: Farm Nu. 580 1 t;, Re%iscd !;?II I5. ;!,',Ill 7 Printed by Agrm1wi, -ilh ill: NC M1 A1WLiati01l IFND of PAGE) Seller Ir.'ttia • - _ _ Page 8 of lQ Il,ii itandard inrw hj5 necri Lipp. inco I, inrl}' tit': North Carolitm Noah Candma Rar A,,c;J rtion — NC. But Ferri NI+ 5,•!or 3:iinn Carolina A;sorwinn of keallnr� a•. Iric. - 5lar lard Farm i.fl I THE NORTH CAROLINA ASSOCIATION OF REAL'T'ORS!W, INC. AND 'rHF. NORTH CAROLINA BAR ASSOCIATION NIAKE NO REPRESENTATION AS TO TI LE LEGAL VALIDITY OR ADEQUACY OF .ANY PROVISION OP TIIIS FOR,NI IN ANY SPECIFICTR ANSACFION. If YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DUES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTAFE ATTORNEY BEFORE YOU SIGN IT. BUYER : Datc: Septcmherj�,-J_ . 2018 SELLER: ,MILLIKEN & LENNON, INC. Name: _sue G_. wes C lait — Title: Date: September a1 , 201E The undersigned hereby acknmvIedoes receipt tar the Earnest 1NIoney set karih herein and agrees to hold said Earnest Moncy in accordance with the terms hereof. NI NS B JAMUN. PLLC Daic: S�r _, 2018 By---- .l alf, Anomey Buver hiitialst V Se11er Enidals _. Page 9 of It) ,V-%Dziation morn Na, 5110T C R,viscd 1)2015. 712017 This S:artdard loam ha_ bzen approved icintty b}': Minh Carolina Prinicd by Agreement %%iJr the NC Bw A-'sociatiun North Urnlim Bar As;ncimion - NC Bar Form No. 58ol' North Carolina Associ mon of RealurryK5, Inc. - Standard Form 5SUr EXHIBIT 13 To Agreement for Purchase and Sale Between Milliken R Lennon. Inc. ("Seller) And Jerernv A. heaves or Assigns ("Buyer") 1, Contingency. The parties acknowledge that this Agreement is Ccatlingent upon Buyer entering into a common grading and storm water plan with the owner of adjacent Tract 2, which plans shall be finnlized prior in expiration of the Eeaminatiun Period. 2. f ivirunmental Sludies-Buyer acknowledges electronic receipt of an environmental report entitled "PHASE f AND 11 ENVIRONMENTAL SITE. ASSF.SSNIFNI ' Fm rlIE 4447 MAIN STREET 2.31 ACRE TILACT- SHALLOTTE. BRUNSWICK COUNTY NORTH CAROLINA-ARAM PROJECT NU. 16239-JANUARY 10. 2017" perrormed by Applied Resource Management. P.C. and a prior environmental report perfornted by, Soil & Environmental Consultants, Inc. 3. Wetlands -Buyer acknowledues electronic recciot of a wetlands certification based on delineation of a larger tract which the the "Property" was a part of'. 4. Septic Tank -The "Property" has an inactive septic tank. Buver Initials ✓ Scller Initia Vage tU or to Association roan -No. 5$01' 2: Rcvi�cd 1,2013. 712n17 'Phis stm,dard tiros: has bmi approvcdjoiady by: North Ctucdina Printed b) Agrccmcm with IN INC Ilm Asucimion hlurtlr Carolina Hat Ansociatiuo - NC But Form( till. 731T North Carohml A5SNCiaiintl 41 R:alto;10, Inc - Standard Fora i3l)'r e- r • 9 96" MGT .-,r�585i�i578 Kerhe Tm ' Rerorduu Tmr_ Bwk w d per Tax lat No. Parcel Identifier N- Varified bJ County on the d•y of , !9 by .. .. Mail after recording to MILLIKEN & LENNON , INC . PO BOX ..24,.SHALLOTTE. NC 28459 Thla instrument was prepared by A. EARL XrLLZKEN ., Brief description far the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this - 5 —day of G try . ID 84 . by —d between GRANTOR GR.,Lt TEE A. EARL MILLIKEN and wife, MILLIKEN & LENNON, INC. CLARA R. MILLIKEN, AND C. PRANK LE NON and wife, (A corporation based in MURIEL D. LtiNNON Brunswick County, NO PO BOX 24. SHALLOTTE, NC 28459 PO Box 24, Shallotte. NC 28459 F. t. apsresrW. at.rk t., ..ca S—ty; --. a/d.r.r. —L it aPsm'wlare. rharara,r .r ,.tic,, cW r.rpral— w Part —hip. The designation Grantor and Grantee as used herein shall include said parties. their h-fs. nucce5surs. anti aesirn,. and shall include singular, plural, masculine, feminine or neuter as required be context. WITNESSETII. that the Grantor, for a valuable consideratinr. paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents dots zmnt, bargain. hell and cun.ey, unto the Granre: m tee simple. all :hat certain lui or parcel of land aitiiatrd in the City of IOCKWOOD FOLLY T—n-hip. BR[ NSWICK Founty-. North Carolina and more parti—Lrly de.:rt UIVJ :iw fidl,iW.: 1. BEING all of that property known as Tract A. Deed Book 419 at Page 555 and '[root #6 Deed Book 399 at Page 348 except for that property desiQ ated"Hemingway Wood, Inc. shown on Map Book 0 at Page 327. 2. BEING all of that property as recorded in Book 570 at Page 115, Brunswick County Registry. 3. BEING all of that property as recorded in Book 421 at Page 282. Brunswick County Registry, 4. BEING all of that property as recorded in Boor 467 at Page 127. Brunswick County Registry. 5. BEING all of that property as recorded in Book 503 at Page 264. Brunswick County Registry. 6. BEING all of that property as described in item #1 of this deed except for that property comprising- 2.538 acres deeded to Hemingway Wood, Inc., as shown on a map recorded in Book P at Page 4, Brunswick County Registry. NOV 2 9 2O1 6r: ;; � -.:. a "0585 - 6579 The property htmina-bove described was acquired by Grantor by irtItTUVARnt recorded in . .... .... ....... ...... ..... ... ..... ... ............. I I .. .. I . ...... ........ A Map ■howivir the above de&cribed property in recorded in Plat Book paj" TO HAVE AND TO HOLD the aforesaid lot or parcel of land And all privileges &Ed apgurten"c" thereto belonging to the Grantee in fee simple. Ara the Grantor covehintA with the Graht". that Grantor is seized of at prerniaev in fee simple. has the right to convey the a&= in simple, that title is marketable and free and clear of all encumbr2nce3, and that Grantor will warrant and defend the title against the lawful clxiwa of all "rson2 whomsoever tierpt far the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: xx WrTNZI. tk. Gras ". ­­. W kk. 4— oaf rat. rr A b- W M. b, — awl ­­l" alfM.n sae 1. was to M "1.— W,11.1d by as .1 ------- ------------- C.rsarbU - W—) ............... _X EARL M-�, 1 EN ...... .......... Ct I jlk� - ----­----­­ ­1 ...... ­ ...... ------------------ C------ -------- _A. ----­---------------------- r-36-2 C. FRANK LENNON ........... 2--y S-01 A YURIEL n. LENNON wzert__SIAAH, Nuenrin C"OuxA ----_----------- c—, L - n—Y "Nk -1 ias ­w, .ere stwa 0--s. --ay —1 C. FRANK- and--MURIEL--D.- KUM SMREI UBMN . LZMW -4. A. ZARL - and- -CLARA__R_. XILLIKM --------- __ -----_--------- 2 140TA" ftwx . . .. . . A-4 vd &.7 V — ----------------- 105 .. NORTH CAxoLINA - ---------------------------------- L. Nb_ (vabm .4 ter. c--r —d 9'.W -------- ----------- ......... ----------- at rrra....11r racer W., r Las+ d., w,A U— ---- err - ----------- ------------- N."k C­4lw. -,.,we.-, --# 1", .1 aalY.ntf awl ■ 61 ----------- .. .. ..................... Ira— wr We bbe arILw .ta�ap .0L W, _..._..Rat err --------------------------- ----------• - 30, ­.h.— ........................................ ------------------- tram "ba. It's. C.—W.W., a ....... MarvJs ......... ---------- ----------- ------- ........ ..... ... ....................................... .............. --------------------------- I ---------- ­­­ ---------- ...... ------ ------ ........ ......... ------------ M'— ­Ihrd 4. M gw,­,Ja -d It Ice. eo, ..& IL.. ..d . 1" 15-6 ." V`y. "—. — 120 haw P". b­.a. Prerpeff hin 22nd"day of DeLaber 1984 at 2r31 P.M. ,x� .1 ...Los - a. brunswick ...... ply ------------ ..Faye Dickerson, Ass t— ■ c. Rr. a— V­ Is.—d 10TI ro ga- — _O". - rbr Fj `3r ! ` LIMITED LIABILITY COMPANY ANNUAL REPORT - ly 1012017 NAME OF LIMITED LIABILITY COMPANY: G & H Hauling, LLC Fling OfAce Use only SECRETARY OF STATE ID NUMBER: 1475244 STATE OF FORMATION: NC E - Filed Annual Report 1475244 CA201807401051 REPORT FOR THE CALENDAR YEAR: 2018 3/15/2018 09:54 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: Gause. PhilliD D 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4623 Maple Hill Rd Shallotte, NC 28470 Brunswick County SECTION 8: PRINCIPAL OFFICE INFORMATION SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 4623 MaDle Hill Rd Shallotte, NC 28470 1. DESCRIPTION OF NATURE OF BUSINESS: Trucking/Hauling 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 274-5667 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 4623 Maple Hill Road 4623 Maple Hill Road Shallotte, NC 28470-5369 Brunswick County Shallotte, NC 28470-5369 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Phillip Gause NAME: Fontella Marie Holmes TITLE: Managing Member TITLE: Member ADDRESS: 4623 Maple Hill Road Shallotte, NC 28470 ADDRESS: PO Box 164 Raleigh, NC 27602 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Phillip Gause SIGNATURE Form must be signed by a Company Official listed under Section C of This form. 3/15/2018 DATE Phillip Gause Managing Member Print or Type Name of Company Official Print or Type Title of o pany iba This Annual Report has been filed electronically. NOV q L 20� MAIL TO: Secretary of State, Business Registration Division, Post Office Sox 29525, Raleigh, NC 27626-0525 r BY:— a MEMORY TRANSMISSION REPORT TIME :01-08-2019 10:38 FAX NO.1 :9103502004 NAME :Main{ax FILE NO. 030 DATE 01.08 10:35 .TO 97548049 DOCUMENT PAGES 15 START TIME 01.08 10:35 END TIME 01.08 10:38 PAGES SENT 15 STATUS OK State of North Carolina Department of Environmental Quality Wilmington Regional Office Roy Cooper, Governor Michael Reagan, Secretary FAX COVER SHEET Date: � - 9- (q To: c1ris (u S (?-4 P6 FAX#: IO-+75q-Sogq No. Of Pages: 15 (;'Id. C,4r- ?I) From • (� � Q NCDEQ FAX#: 910-350-2004 REMARKS: S}Uyg l� g jeer rr4 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 796-7215 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer Hall, Christine From: Chris Russell <crussell@eces.biz> Sent: Friday, January 04, 2019 10:53 AM To: Hall, Christine Subject: [External] Revised Page 4 Attachments: 19-0104_O&M_PG_4. pdf External email: Do not click links `oropen attachments unless you verifiedt Send all suspicious email as an attachment to re arts arm nc: nu Hi Christine. Please find attached the revised page 4. 1 will be sure to pass this around the office so we get it right in the future. Thank you so much for your help on this project. Have a great weekend! Chris East }T oast ENGINEERING& 5URMEYING. P.C. .I. Christian (Chris) Russell, PIS. I'rujert I n-ineer Past Office Box 2469 Shallotte, North Caroline 28459 (o) 910-754-8029 (f) 910-754-8049 (it)) 910-232-0692 f t East Coast Engineer ENGINEERS - January 3, 2019 Ms. Christine Hall g & Surveying, P.C. ERS•SURVEYORS NCDl3NR — Division of Energy, N ineral and Land ResoLll-CeS 127 Cardinal Drive Fxtension Wilmington, North Carolina 28,105 Subject: Coastal Express Car Wash/Cook Out (SW8 181118) Brunswick County, North Carolina SLormwatcr Comment Response Dear Ms. Hall: �v We received your request for additional information on 1/2/19 for t:he subject project via emaii and offer the following remedies: 15A 1NCAC 021-1.105Or4): T he oullel orientation hat changed from the or`ginal .rubmillal rvilh the pond outlet errlering the energy disputer at an appro-vimale 90-1egree angle. AZro, the invert elerurlions of the collection gi-lern have cl7crraged Plea++e provide revised eragineerir� ccrlcrdations clemonstrating Thal the pond outlel does not cause erosion (Iorvn.,lope of the paindur'I g the peak %lon) li-om the 10 yecn- storm even!. Please also ion_ firm the energ), disc valor Bala table on C6.1 accuralely portrcr),s the intended design. a. The slopes on SD-4 and SD-7 have been reduced from the previously submitted design and the size of SD-7 has been increased all of which will cause a reduction in velocity. Revised calculations for SD-4 and SD-7 have been included with this submittal. The energy dissapator design is adequate as designed and the table is accurate. Revised flan Sheets C2.0, C3.0 & C3.2 are also included. 2. 1511 ATC11C 02f-1.1042(2&: Please provide tivo copies of an updated reel table on prr,ge 4 of the O� thl manual thest reflecl.� the chcur�es !o the pond design. �1.r Holed in lte�rt '1 '1 of the regtre.id far additional information Baled December 13, 2018, please also e'on_/iim the temporcro, pool elevation listed in ibis !able is rora,,isleni n4ib the other application dommenis. a. The revised page 4 of the O&M manual has been included with this submittal. Hie foilowing represents the various components of the enclosed subnlitlal documents: Two copies of page 4 of the Operalion rr klaintenance illanrral form; One copy of the revised Culvert Calculations for SD-4 & SD-7; Three copies of revised flan Sheets C2.0 — i--`xpress Site flan; 0.0 — SLOt-111W-Wer plan; & C3 2 Grading Plan. Should you have any questions or conunetits, please do not heSitate contacting our office at your convenience. Sincerely, EV^^ e GIVF j. Christ.ian .Russell, 17.1-4. !AN 0 4 201 Enclosures pc: k1r. Phillip Gause —via email (Coastal Express Car. Wash) Nir. 4eremy Reaves — via emal (Cook Out) F,ilcs: 1962 (Coastal L:xpress Car Wash)/2043 (C(:)Ok Out) 4918 MAIN STREET • POST OFFICE BOX 2469 • SHALLOTTE, NORTH CAROL INA z84S9 • TEL: 910-754-8029 . Fax: 910-754-8049 FIRM LICENSE NUMBER; C-3014 ROY COOPER Gavel -nor MICHAEL S. REGAN Secretary WILLIAM E. (TOSY) VINSON, JR. Interim Director January 2 2019 NORTH CAROLINA Environmental Quality G&1-I Hauling, [-LC,, owner of Coastal I xpress Car Wash Attn: Phillip 1). Gause, Mernber,lanager 4623 ,laple Hill Road Shallotte, NC 28470 Cook Out — Kings Mountain- Inc., applicant for Cook Out Attn: John Armficld. Vice President 15 Laura Lane, Suite 300 "Choniasville. NC 27360 i\']illiken and I.,ennon, Inc., property owner for Cook Out Attn: Alvin E. ,Milliken, Vice President 14 Stonc Chimnev Road Supply, N'C 28462 SubJect: Request for Additional [nlormalion Sloruiwatcr YroJect No. SNN'8 181118 Coastal l�xpress Car Wash and Cook Out l3runswick County Dear Mr. Gause. %1r, Annf field, and \fir. \11111ken: The Wilmington Regional Office received and accepted ail Express State Storinwaler Managcmenl Permit Application for the subject project oil November 29, 2018 with additional information received on December 18, 2018. A preliminary in-depth review of that inforination has determined that the application is not complete and that additional inforination is needed. To continue the review, please, provide the following additional information: 1. 15A NCAC 021-1.1050(4): The outlet orientation has changed from the original submittal with the pond outlet entering the energy disputer at an approximate 90-degree angle. Also, the invert elevations of the collection system have changed. Please provide revised engineering calculations demonstrating that the pond outlet does not cause erosion downslope of the discharge point during the peak flow from the 10-year storm event.. I'lease also confirm the energy dissapator data table on C6.1 accurately portrays the intended design. 2. 15A NCAC 021-1.1042(2)0): Please provide two copies of an updated wet detention pond design summary table on page 4 of the O&\,I manual that reflects the changes to the pond design. As noted in Itein l 1 of the rcqucst for additional information dated December 13, 2018. please also confirm the temporary pool elevation listed in this table is consistent with the other application documents. 3. Due to the minor nature of these comments, the express additional information review fee has been waived. Please remember to confirm that any revised information is presented consistently throughout the application dOCitmenLS including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents or three copies of any updated plan shects per 15A NCAC 021-1.1042(2). z�-DE� A North Carolina Department of Environmental Quality I Division of Energy, Mineral -and Land Resources IP Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 ZENOfiiH CAR0.�NA Ma�.�.�nraa� /'� 910.796.7215 State Stormwater Permit No. SWS 181 1 18 Pagc 2 of 2 The requested information should be received in this Officc prior to January 10, 2019, or the application will be returned as incomplete. Please note that onli, tuvo letters requesting additional information is rtllowerl in the State Siorimvnier Program. If Me information is not satisftrrtorilr provided after the second request, the project aril/ he retttrneci. If tltc project is returned and you wish to rc-submit to the Express Program, you will need to reschedule the project through the Fxpress Coordinator for the next available review date and will need to resubmit all required Vems at that time, inciuding the application fee. If additional time is needed to submit the requested information, please ernail .,our extension request, prior to the original due date. to the 1.)ivision at the email address provided below. The extension request must include a justification and a date of when the rcqucstcd information will be submitted to the Division, which shall be no later than 5 business clays past the original due date. Please remember that extension requests delay the issuance of the final permit. The construction of any impervious surfaces, other than a construction entrance under an approved. Sedimentation l rosion Control Plan. is a violation of \CGS 143-215,1 and is subject to enforcement action pursuant to \CGS 1 43-215.6A. Pleasc label all packages and cover letters as " xpress" and reference the State assigned project number on all correspondence. If you have any questions concerning this matter, please feel free to call me at (910) 796-7215 or email rite at christine.hall a ncdenr.gov. Sincerely, �tz�: rutC i�ct� GW Christine Hall Environmental Engincer GDSlcanh: 111StormwwerlPcrmits & I'rojects120181181 118 HD12019 01 addinfo 181 1 1 S cc: Chris Russell, PF; Fast Coast Engineering & Surveying- via email Wilrrrington Regional Office Stormwater File Hall, Christine From: Hall, Christine Sent: Wednesday, January 02, 2019 2:58 PM To: 'John Armfield' Cc: Alan Lewis; Annette Bennett; Chris Russell (ICES); Gary Wolf; Jeremy Reaves; Robert Tucker; Sabrina Babson; Scott, Georgette; Weaver, Cameron; bmilliken44@gmail.com; phi Igause28@g ma il.co m Subject: RE: [External] RE: 18-1218-EML_SENT_COMMENT_RESPONSE_Sw8 181118-w-attch Attachments: 2019 01 addinfo 181118.pdf Thank you all for your patience. I hope everyone had a wonderful holiday. I had a chance to look through the package and there are just two administrative items remaining. Please refer to the attached pdf. Since these are fairly minor, I will go ahead and start drafting the permit. Please let me know if you have any questions. Thanks again! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares.,,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, From: John Armfield <Armfield@cookout.com>. Sent: Wednesday, December 26, 2018 2:45 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Alan Lewis <alewis@eces.biz>; Annette Bennett <abennett@eces.biz>; Chris Russell (ECES) <crussell@eces.biz>; Gary Wolf <GWolf@greensborolaw.com>; Jeremy Reaves <jreaves@cookout.com>; Robert Tucker <rtucker@eces.biz>; Sabrina Babson <sbabson@eces.biz>; Scott, Georgette <georgette.scott@ncdenr.gov>; Weaver, Cameron <cameron.weaver@ncdenr.gov>, bmilliken44@gmail.com; philgause28@gmail.com Subject: Re: [External] RE: 18-1218-EML—SENT_COMMENT_RESPONSE—Sw8181118-w-attch Thank you and happy holidays. On Thu, Dec 20, 2018 at 4:25 PM Hall, Christine <Christine.Hall@ncdenr.gov> wrote: I tried my best to get through the items submitted on Tuesday, but it doesn't look like I will be able to finish going through it before I leave this evening to start my vacation. I'm very sorry but I will pick it back up as soon as I return to the office on January 2nd. Thank you in advance for understanding and I hope you all have a happy holiday and new year. Christine Hall Environmental Engineer Division of Energy; Mineral and Land Resources -- Stale Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hallgncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 _x "Nothing Compares -� } Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Alan Lewis <alewis@eces.biz> Sent: Tuesday, December 18, 2018 1:45 PM To: Nall, Christine <Christine.Hall@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; 'Robert Tucker' <rtucker@eces.biz>; 'Sabrina Babson' <sbabson@eces.biz>;'Annette Bennett' <abennett@eces.biz>; philgause28@gmail.com; 'Gary Wolf' <GWolf@greensborolaw.com>; 'Jeremy Reaves' <jreaves@cookout.com>; 'John Armfield' <jarmfield@co kout.rom>; bmilliken44(c@gmaii.com; Chris Russell (ECES) <crussell@eces.biz> Subject: [External] RE: 18-1218-EML_SENT_COMMENT_RESPONSE_Sw8 181118-w-attch 2 Christine, Rather than mailing the hard copies that Chris Russell mentioned in his email below, i am hand delivering the package to you this afternoon. We have marked the package "Express" to your attention and 1 will give you a call when I get j close to your offices. Thanks, E ast,.j' o a st vGINEERANG-5-SURVEYING. P.C. Alan C. Lewis, President Direct�.�s of Planning; & Management Set -vices Post Office Box 2469 Shallotte. North Carolina 28459 (o)910-754-8029 (0 910-754-8049 (m) 910-443-2081 Engineers, Planners, Surveyors 3 alewis@eces.biz i www.eces.blz I I CONFIDENTIALITY STATEMENT: This e-mail transmission is intended only for the use of the individual or entity named above and may contain information that is confidential, privileged, and exempt from disclosure cinder applicable law. If you are not the intended recipient, you ate hereby notified that any diSCloSttre, icopying, distribution, or use of any of ttte information contained in this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify me by a-mait at the above address, From: Chris Russell [mailto:crussell@eces.biz] Sent: Tuesday, December 18, 2018 9:24 AM To: 'Hall, Christine' <Christine.Hall @ncdenr.gov> Cc: 'Weaver, Cameron' <cameron.weaver@ncdenr,gov>; 'Alan Lewis' <al_ewis@eces.biz>; 'Robert Tucker' <rtucker@eces.biz>; 'Sabrina Babson' <sbabson@eces.biz>; 'Annette Bennett' <abennett@eces.biz>,- phiIgause28@hmail.com; 'Gary Wolf' <GWolf@greensborolaw.com>; 'Jeremy Reaves' <ireaves@cookout.com>; 'John Armfield' <iarmfield@cookout.com>; bmilliken44@gmail.com Subject: 18-1218-EML_SENT_COMMENT_RESPONSE_Sw8 181118-w-attch Good morning Christine. Please find attached the revisions to the plans, calculations, supplements and application you requested in your email request for additional information. The hard copies of all the attached documents are being mailed to your attention in the Express Review section. Please let me know if you have any questions or require any other information. Thank you and have a great day! Chris Russell, PE (o)910-754-8029 (t) 910-754-8049 (m) 910-2 32-0692 From: Hall, Christine[mailto:Christine.Hall@ncdenr.gov] Sent. Thursday, December 13, 2018 9:30 AM 4 `Ta: Chris Russell <crussell@eces.biz>; philgause28@gmail.com Cc: Weaver, Cameron <cameron.weaver(Tncdenr.go_v> Subject: request for additional info: Coastal Express Car Wash & Cook Out, Sw8 181118 Gentlemen, Attached is a pdf of the request for additional information for the subject project. The application did not reflect an email address for all of the applicants so we ask you notify them of this status. Also, please remember that due to the desire to have both entries listed on the permit, that three sets of plans were submitted (one for DEMLR and one for each of the permittees). Please let me know if you have any questions or concerns. Also, please remember to lobel any packages submitted with "EXPRESS". Thanks! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct Christine. hall(ancdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 �'=� Naihir�g Compares Email correspondence to and from this address is subject to tine North Carolina Public Records Law and may be disclosed to third parties. 5 East Coast Engirt ENGINEERS - December 17, 2018 Ms. Christine Hall sn ring & Surveying, P.C. NNERS•SURVEYORS NC1711NR— Division of 1,nergy, iAlineral and Land Resources 127 Cardinal Drive Extension Wdiningion, North Carolina 28405 Subject: Coastal Express Car Wash/Cook Out (SW8 181118) Brunswick County, North Carolina Stormwater Comment Response Dear Ms. Hall: DEC 18 Z018 , 3-t"Xw em We received your reducst: for additional information on 12/ 13/18 for the subject project via email and offer the following remedies: 1. 15A NCAC 021-1.1042(2)(affi)h) and .1042(2)(c): The pmvbase (Treemeut lists the bryer as Jeremy A. Reaves. •17)e applicalion for the Cool; Oil portion n_/'lhis project avar sabmitlecl in the name of Cook Oart — Kings tb1 ountain, Inc. Please either: a. provide the legal document assignir{g this purchase agreement to Cook Out — Kings Alornttain, lac; or i. The executed assignment of the contract to Cook Out -Kings Mountain, Inc. is included with this submittal. A provide a legal docrivient showir2t Cook Out —Kings Mountain, Ira'' bas obtained legal rights to submit a stw7mvater permit application for the proposed project area. Tbis will require Section 111 of the application far Cook 0a to be updated to shozv the relationship of the three entities; or i. See a.(i) above. c. fist A4r. Reaves as the c§6plicant in .S'eclion I11.1 of the t>pplicaliorr. i. See a.(i) above. 2. 15A IVC11CO21-1.1053(1): a. The prnrlided permanenl pool swjf ice area presenled and compared against the minimum requh-erd srujace area is for the entire pond, including the jorebcy, instead of jus7 the main pool. Please con n-m that the chosen melhod (tA/ DA or 1-1 R-1) is being used to on# sire the main pool saaface area and vol une and does not include 16e forebcy. Please remember to update the supplement with the swface area of just The main permanent pool. i. The pond design has been revised to include the surface area of the main pool only for the SA/DA ratio calculation. Revised plans and supporting documentation has been included with this submittal. b. Based on the drainage area and site design, there appears to either be a typo or error in the SA/ OA ratio. Please confirm. i. Please see a.(i) above. 15A ATCAC 021--1.1053(5)(b): The supplemenl indicales that the depth at the forebey enlrance i.r the same as the exit. Tlye forebay entrance shall be deeper thin the forebcy exil. Please reconsider the forebcy depth and/or depths listed in the szpplement. a. The plans have been revised to reflect the correct elevations in the forebay. The forebav exit is sir inches higher than the entrance. Revised plans and supplement have been included with this submittal. 4918 MAIN STREET •POST OFFICE BOX 2459 • SHALLOTTE, NORTH CAROLINA 28459 •TEL: 910-754-8029 •Fax: 910-754-8049 FIRM LICENSE NUMBER: C-3o14 . it Ms. Christine Hall 2 Coastal 1;xpress Car Wash/Cook Out December 17, 2018 15A NCAC 021-1.1033(7): Please provide calculalioru to support !be drawdown time of the minimum required storage volume over the provided head presented in Me supplement. a. The submitted calculations indicate the flowrates required for a 2 day and a 5 day drawdown time, 0.047 cfs and 0.019 cfs respectively. The orifice selected provides a flowrate of 0.040 cfs which is between the two values listed above. However, in an effort to provide more clarity, the pond calculations page has been amended to include the time for drawdown in hours as is listed on the supplement. The revised page has been included with this submittal. 3. 15A INC/IC 021-1, 1042(2)(l) and .1042(3)(G): Please confirm the fidlowiq iiformaliar is presented iairs:ilenljh between the application documents: a. Thepond cross sections /1 A and C-Con plan sheet C3.1 lisp the penncnient pool eler)aliori as being 20.99 fit. The other application documents list Ibis elevalion cis being 21. i. The elevation listed on the cross sections has been updated and a revised plan sheet has been included with this submittal. b. The supplement li:d.f the lemporag pool elot)allon a.r being 23.5 ft inslead of 22.5 ft as lined in the other application documents. i, The supplement has been corrected to reflect the correct elevation of 22.50. "1 be forebay volaune lilerl in the supplement is diylerml than the mhowe pre.fenled in the slelse-sloreige hrble shown on plan C3.1.. i. The forebay volume has been updated on the supplement and plans. G. 13A N,CAC 021-1.1042(2)(cr)(iv): In addition to the total drainage area presented in `.Section II! 10 of the application, please alto proU' Iwo additional columns, one %r each tract mnlribuling nnro�to the Jgs1em.. a. The application has been updated and reflects the values listed in the impervious area table listed in the previously submitted plans & calculations. The revised page 3 of the application is included with this submittal. 7. 13/1 AIC/1C 0214.1042(2)(afvii): Please provide an email address for the pennillee associaled with the Cook Out portion of this project in Section 111.1. b of the application. a. This information has been added to the application for the Cook Out and the revised page 2 is included with this submittal. 8. 15A NCAC 021-1.1042(2)(a)(iv)• Please provide complele comael iujbimation for the proper!} owner, inclrulitg Phone numberand e-mail address, in Seelion I11.2.b of the application. a. This information has been added to the application for the Cook Out and the revised page 2 is included with this submittal. P. 9. 1311 NCAC 021-1.1042(2)(0(iv): Contour labels have not been provided on !fie pond (0.0, C3.1, and C3.2). Please ensure lbat all proposed cowours are labeled a. Contour labels have been added to the forebay side of the pond. It is not practical to provide contour labels in the main body of the pond due to the fact it is vertical. The elevations for the vertical section can be determined from the provided crass sections. 49rB MAIN STREET • POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 26459 •TEL: 910-754-8029 • Fax; 920-754-8049 FIRM LICENSE NUMBER: C-3os4 r.-x Ms. Christine 1-fall Coastal Express Car Wash/Cook Out Decentber 17, 2018 10. 10, 15.A NCAC 021-1.10 {2(2)(g)(vii): a. The site layout and grcrdirlg contours rrrake it appear as curb and gntler is proposed along the edger of the built -upon areas to beo direct runoff to 1heyard inlets, however, there is no suc'b feature sbown on the plans. Please detail haw the nrnoff alaig the edges of the Guilt -upon area will be directed to lhe3arrl inlets. i. The submitted site plan, stor nwater plan and grading plan included the back of curb only to eliminate clutter. As requested in the submittal meeting spot elevations were added to the back of curb and that plan was forwarded to be included in the submittal package. However, to provide additional assistance in the review of the plans, the edge of pavement line bas been added to the plates and the revised plans are included with this submittal. b. Please provide proposed invert elevations for the pipe outlets. i. The outlet inverts have been added to the plans 11. 11. 15,11 NCSIC 021-1.1042(2)(): The met detention pond design ezrmmary tale provided with the operulion and maintenance (Or✓ 114) ggreemeni lists the forebay bottom elevation as 17 ft while the plans indicate it will be 16.5 fl. .Additional % the tempormy pool elevation is listed in the 0c;fld aSmemeni as 23.5 ft however: the other application doL•aunentr kart this elevation as 22.5 1. Please confirm the elevalions pre.fented in the 0 &M asleemenl. a. The elevations have been corrected and are consistent on all plans and documents. The revised plans and documents are included with this submittal, 12. 12. 1511 NC11C 021-1,1042(2): Please email the supplement form to the email addiesr provided below so lhcrl it scan be preserved electronically per the regulatory requirements. a. Duly noted. The following represents the various components of the enclosed submittal documents: • Two topics of page 2 of the Stornrwaterrllanagemeni Permitflpplication form; • Two copies of page 3 of the SionnrvaierManagement Pennit /Epplication form; • One copy of the revised Eet Detention Bain ..Supplemenl; • One copy of the revised Stormwater Calculations for the pond design; • Two copies of the revised Design Plan Shccts C2.0 — Express Review Site Plan; C3.0 — Stormwater plan; C3.1 — Stormwater Pond Details and C3.2 — Grading Plan and • '111e cxecutcd assigomcnr of the contract to Cools Out -Kinks Mountain, Inc. Should you have ally questions or comments, please do not hesitate contacting our office at your convenience. Sinccrely, ). Christian Russell, P.1.. Enclosures pc: NIn Phillip Gause — via email (Coastal l-xpress Cat- Wash) Mr. jcre:ny Reaves —via email (Cool: Out) File: 1962 (Coastal I'xpress Car Wash) 2043 (Cook Out) 4918 MAIN STREET • POST OFFICE BOX z469 • SHALLOTTE, NORTH CAROLINA a8459 •TEL: 910-954-8029 • Fax: 910-754-8049 FIRM LICENSE NUMBER: C-3014 r ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON.JR. NORTH CAROLINA Interim Director Environmental Quality December 13, 2018 G&I-I Hauling, I.,I.C, owner of Coastal Express Car Wash Attn: Phillip D. GaLlse, Member Manager 4623 ,Maple Hill Road Shallotte, NC 28470 Cook Out — Kings Mountain, Inc., applicant for Cook Out Attn: John Arrnfield, Vice ]'resident 15 Laura Lanc, Suite 300 Thomasville, NC 27360 Milliken and Lennon, Inc., property owner for Cook Out Attn: Alvin E. Milliken, Vice President. 14 Stone Chimney Road Supply, NC 28462 Subject: Request for Additional Information Stormwater Project No. SWS 1811 IS Coastal Express Car Wash and Cook Out 13runswick County Dear Mr. Gause, Mr, Armfield; and Mr. Milliken: 1'he Wilmington Regional Office received and accepted an I-xpress State Stormwater Management Permit Application for the subject project on November 29, 201 S. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. "fo continue the review, please provide the following additional information: V11. 15A \CAC 021-1.1042(2)(a)(vii) and .1042(2)(c): The purchase agreement lists the buyer as Jeremy A. Reaves. The application for the Cook Out portion of this project was submitted in the name.of Cook Out — Kings Mountain, Inc. Please either: ✓a, provide the legal document assigning this purchase agreement to Cook Out — Kings ,Mountain, Inc; or b. provide a legal document showing Cook Out — Kings Mountain, Inc has obtained legal rights to submit a Stormwater permit application for the proposed project area. This will require Section II I of the application for Cook Out to be updated to show the relationship of the three entities; or c. list i`9r. Reaves as the applicant in Section III.I of the application. 15A NCAC 021-I.1053(1): �. "I'hc provided permanent pool surface area presented and compared against the minimum required surface area is for the entire pond, including the forebay, instead of just the main pool. Please confirm that the chosen sizing method (SA/DA or ] Ilt'f) is being used to only sire the main pool surface area and volume and does not. include the forebay. Please remember to update the supplement with the surface area ofjust the main permanent pool. ,ib. 13ased on the drainage area and site design, there appears to either be a typo or error in / the SA/DA ratio. Please confirm. ✓3. 15A NCAC 021-1.1053(5)(b): '['he supplement indicates that the depth at the forebay entrance is the same as the exit. The forebay entrance shall be deeper than the forebay exit. Please reconsider the forebay depth and/or depths listed in the supplement. �D-E QNorth Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources ef 1 Wilmington Regional Office 1127 Cardinal Drive Extension } Wilmington, North Carolina 28405 'L"" ---U-M 910,796.7215 _ State Swrinwater Permit No. SW8 181 1 1E Pavc 2 of 3 V14'. 15A NCAC 0211.1053(7): Please provide calculations to support the drawdown time of the minimum required storage volume over the provided head presented in the supplenlerlt. ,,5' 15A NCAC 021-1.1042(2)(0 and .1042(3)(b): Please confirm the following information is presented consistently between the application documents: The pond cross sections A -A and C-C on plan sheet C3.1 lists the permanent pool elevation as being 20.99 ft. The other application documents list this elevation as being 21. Vb�_ The supplement lists the temporary pool elevation as being 23.5 ft instead of 22.5 ft as listed in the other application docurncnts. Lei The forebay volume listed in the supplerent is different than the volume presented in the stage -storage table shown on plan C3.1. v6' 15A 'NCAC 021-I.1042(2)(a)(iv): In addition to the total drainage area presented in Section IV.10 of the application, please also provide two additional columns, one for each tract contributing runoff to the system. i V?. I5A NCAC 021-I.1042(2)(a)(vii): Please provide an ernail address for the permitt.ec associated with the Cook Out portion of this project in Section Ill. l .b of the application. 8. 15A NCAC 021-1.1042(2)(a)(ix): Please provide complete contact information for the property owner, including phone number and e-mail address, in Section 111.2.1) of the application. ✓9. 15A _N1C 021-1.1042(2)(g)(iv): Contour labels have not been provided oil the pond (C3.0, C3.1. C3.2 an �. I'lease ensure that all proposed contours are labeled. V1.0. 15A NCAC 021-1.1042(2)(g)(vii): The site layout and grading contours make it appear as curb and gutter is proposed along the edges of the built -upon areas to help direct runoff to the yard inlets, however, there is no such feature shown on the plans. Please detail ]low the runoff along the edges of the built -upon area will be directed to the yard inlets. Please provide proposed invert elevations for the pipe outlets. 11. 15A NCAC 021-1.1042(2)0): The wet detention pond design summary talc provided with the operation and maintenance (O&NI) agreement lists the forebay bottom elevation as 17 ft while the rp �JQ�ke�&plans indicate it will be 16.5 ft. Additionally the temporary pool elevation is listed in the 0&i\1 agreement as 23.5 ft however, the other application documents list this elevation as 22.5 ft. Please confirm the elevations presented in the Ohiyl agreement.. 12. 15A NCAC 021-1.1042(2): Please email the supplement form to the email address provided below so that it can be preserved electronically per the regulatory requirements. 13. The express additional information review fee has been waived. If an extensive second request is needed, a fee may be assessed at that time. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative, and plans. ['lease also remember to provide two hard copies of any updated documents per 15A NCAC 021-1.1042(2). The requested information should be received in this Office prior to December 20, 2018, or the application will be returned as incomplete. If the project is returned and you wish to re -submit to the Express Program, you will need to reschedule the project through the laxpress Coordinator for the next available review date and will need to resubmit all required items at that dinc, including the application fee. ][additional time is needed to submit the requested information, please email your extension request; prior to the original due date, to the ])]vision at the email address provided below. The extension request must include a justification and a date of when the requested information will be submitted to the Division; which shall be no later than 5 business days past the original due date. Please remember that extension requests flelay the issuance of the final permit. State Stormwater Permit No. SIV8 181 1 18 Page 3 of 3 The construction of any impervious surfaces; other than a construction entrance under an approved Sedimentation Frosion Control flan; is a violation of'N`CGS 143-215.1 and IS subject to enforcement action pursuant to NCGS 143-215.6A. ]'lease label all packages and cover letters as "Express" and reference the State assigned project number on all correspondence. If you have Wiy dttesti0:1s concerning this matter; please feel free to call me at (910) 196-7215 or email nic at ctiristinc.ltall@ncdcnr.gov. Sincerely, r�77�� &MlafUw ,YI4!! & Christine Hall I: nvironmental inginccr GIBS/canh: %Stormwaterll'ermits & Projects1201811811 18 HD\2018 12 addinfo 181 1 l8 cc: Chris Russell, 11I ; Last Coast Engineering & Surveying; via email Wilmington Regional Office Stormwater File Hall, Christine From: Mall, Christine Sent: Thursday, December 13, 2018 10:30 AM To: 'Chris Russell'; 'philgause28@gmail.com' Cc: Weaver, Cameron Subject: request for additional info: Coastal Express Car Wash & Cook Out, Sw8 181118 Attachments: 2018 12 addinfo 181118.pdf Gentlemen, Attached is a pdf of the request for additional information for the subject project. The application did not reflect an email address for all of the applicants so we ask you notify them of this status. Also, please remember that due to the desire to have both entries listed on the permit, that three sets of plans were submitted (one for DEMLR and one for each of the permittees). Please let me know if you have any questions or concerns. Also, please remember to label any packages submitted with "EXPRESS". Thanks! Christine Hall Environmental Engineer Division of Energy; Mineral and Land Resources - State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 :"-'Nothing Compares_.,-,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. East Coast Engin�e�ri','ng & Surveying, P.C. ENG IN EERS-RLAN N ERS•SURVEYORS ECFIVF-p Hand Deliver DEC 0 3 2018 t December 3, 2018 Ms. Christine Hall NCD1-Nlt — Division of 13nergy, Mineral and Ladd Resources 127 Cardinal Drive Fxtension Wilmington, North Carolina 28405 Subject: Coastal Express Cat Wash / Cook Out Brunswick Counry, North Carolina 1-li rl, Density Stormwater Permit --- Additional Documents Dear Ms. Hall: Per our conversation at the Express ReV1CW submittal meeting on 11/29/18 plesisc find the requested additional information for the subject project.. '.1'11e following presents the various components of the enclosed submittal package: • Onc additional set of the revised designs plans; ■ "1'wo copies of the reprised plan sheer. C3.2 — Grading plan with additional spot elevations; ■ ]"Wo copies of the revised plan sheet C3.1 — Stortnwatcr Pond Details with revised forebay elevations; • Two copies of the plan sheet DA—N1AP — Drainage Area 1\�lap; • One copy of the tip rap calculations for: the energy dissipators; "' One copy of the purchase agreement for: the Cook Out parcel. Should you have any questions or comments, please do not hesitate contacting our- office at yrour convenience. Sincerely, J. Christian Russell, P.h. Enclosures PC: Mr. Phillip Gausc (G & 1-1 1-Ismling, -J-C) Nlr. John tlrmfield (Cool: Out) File: 1962/2043 (Coastal l apress Car W,-tsh/Cook Out, respectively) 49i8 MAIN STREET • POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 •TEL: 9i0-754-8029 a Fax: 910-754-8049 FIRM LICENSE NUMBER: C-3024 East Coast Engi ENGINEERS - November 29, 2018 Ms. Christine Hall eying &Surveying, P.C. ERS•SURVEYORS NCDENR — Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Subject: Coastal Express Car Wash / Cook Out Brunswick County, North Carolina High Density Stormwater Permit — Express Submittal Dear Ms. Hall: Enclosed is the F.xpress Permit Fee required for the subject project in Shallotte, North Carolina. This submittal is for a High Density Commercial Stormwater Permit draining to an on -site wet detention pond. It is OLII- understanding that an express permit fee of $4,000.00 is required for the express stormwater review. Two checks, one from each entity in the amount of $2,000.00 are enclosed for this purpose. The breakdown of the fee is as follows: lvxpress Stormwater Keview fee = $4,000 (high density, directed to an on -site system) Il'you have any question or require any additional uifonnation, please contact me at our office. J. Christian RUSSCII, P.E. Enclosure: Two checks for $2,000.00 copy: Mr. Phillip Gause (G & 1-1 Hauling, I,LQ Mr. John Armfield (Cook Out) File: 1962/2043 (Coastal Express Car Wash/Cook Out, respectively) NOV Z 9 201� 4918 MAIN STREET • POST OFFICE BOX-469 •SHALLOTTE, NORTH CAROLINA 28459 •TEL: 910-754-8029 *Fax: 9io-754-$049 FIRM LICENSE NUMBER: C-3014 :A East Coast Engi ENGINEER! November 29, 2018 Ms. Christine Hall c Surveying, URVEYORS NCDENR — Division of I-7nergy, I\4incral and brand RCSOUrccs 127 Cardinal Drive 1.Ntcnsion Wilmington, North Carolina 28405 Subject: Coastal Express Car Wash / Cook Out Brunswick County, North Carolina High Density Stor.mwater Permit— Express Submittal Dear Ms. Hall: P. C. On behalf of our client, enclosed is a submittal package for the subject project located in Shallotte, North Carolina. Our client is requesting that this application be processed with the Isxpress Permitting Process. The project is a high density project, and runoff will sheet flow from impervious surfaces to catchment areas and then to an on -site stormwater pond. The following presents the various components of the enclosed submittal package: • Original and one copy of the Slormn�eilerManage.meir! I�elmilAj�pliccrlion fot:m; ■ Deed restrictions are not required for this project; • Original of the lVel Delenlion Bain .Ylipple`rfenl; • Original of the Fel Oelenlion Ba,4n Operalion egad kIerinlenanie�lgreenzenl; ■ Two (2) Checks in the amount of $2000.00 for the Express Permit Review fee; • One copV of the Storm water Project Narrative; • One copy of the USGS map with the site identified; ■ One copy of the Stormwater Calculations and SW-DA-I\IAP — Drainage Area Nlap; ■ Two sets of Design Plans; • One coPy of the deed for each property in the project; • One copy of the SOS corporate Filings For both companies; • Letter designlating John Arnifield.as VP; ■ One copy of the USCOL General Permit/Nationwide Permit:. ?�-PCEIVE 4: NOV 2 9 2018 4918 MAIN STREET •POST OFFICE BOX 2469 •SHALL OTTE, NORTH CAROLINA 28459 •TEL: 910-754-8029 •Fax: 910-754-8049 FIRM LICENSE NUMBER: C-3014 NIs. Christiiic Hall Coastal Express Car Wash/Cookout: November. 29, 2018 Should you have any questions or comments, please do not hesitate contacting our office at your convenience. J. Christian Russell, P.F. Enclosures Pc: Nlr- Phillip Gause (G & 1-1 Flauling, I_.LC) Nir, John Armfield (Cook Out) File: 1962/2043 (Coastal Express Car Wash/Cook Out, respectively) r,g78 MAIN STREET POST OFFICE BOX 2469 *SHALLOTTE, NORTH CAROLINA28459 •TEL: 910-7S4-8029 •Fax:910-754-8049 FIRM LICENSE NUMBER: C-3014 For DEQ Use ONLY / u Reviewer: C s' North Carolina Department of Environmental Quality Submit, Request for Express Permit Review Time: � Confirm: FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Please include this form in the application package. • Asheville or Mooresville Regions -Alison Davidson 828-296-4698;alison.davidson(&,ncdenr•aov • Winston-Salem, Fayetteville or Raleigh Regions -David Lee 919-791-4204; david.lee(ancdenr.gov • Washington Region -Lyn Hardison 252-948.3842 or lyn.hardison{a.ncdenr.gov • Wilmington Region -Cameron Weaver 910-796-7265 or cameron.weaveroncdenr.gov NOTE: Project application received after 12 noon will be stamped in the following work day. Project Name: COASTAL EXPRESS CARWASH County: BRUNSWICK Applicant: PHILIP GAUSE Company: G & H HAULING, LLC Address: 4623 MAPLE HILL. ROAD City: SHALLOTTE, State: NC Zip: 28470- Phone: 910-274-5667, Fax: Email: philgause28@ maig Isom Physical Location:4447 MAIN STREET SHALLOTTE, NC 28470 Project Drains into NON -SA waters — Water classification SC, HQW (DWR Surface Water Classifications Map] Project Located in LUMBER River Basin. Is project draining to class ORW waters? N, within Yz mile and draining to class SA waters N or within 1 mile and draining to class HQW waters? Y Engineer/Consultant: J. CHRISTIAN RUSSELL, P.E. Company: EAST COAST ENGINEERING & SURVEYING, PC Address: PO BOX 2469 City: SHALLOTTE, State: NC Zip: 28459- Phone: 910-754-8029, Fax: 910-754-8049, Email: crussell@eces.biz PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE ,OCT 11 203 $ # JOBS SECTION ONE: REQUESTING A SLOPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWR, ❑ DCM, ❑ DEMLR, ❑ OTHER: Provided Existing Permits related to this Project SW SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING SW _ SW _ NPDES NPDES WQ _ Wo E&S E&S Other ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ Intermittent/Perennial Determination: _ # of stream catls — 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, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)] ® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems / ElMOD:❑ Major ❑ Minor ElPlan Revision ❑ Redev. Exclusion SW (Provide permit#) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront F uaf �rQsid d Sed' entali on'Pt�l 1. s to> b sturb # ­ / Amt. f EQ e)) SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both $coping and express meeting reque Wetlands on Site ® Yes ❑ No Buffer Impacts: ® No ❑ YES: _acre(s) Wetlands Delineation has been completed: ® Yes ❑ No Isolated wetland on Property ❑ Yes ® No US ACOE Approval of Delineation completed: ® Yes ❑ No 404 Application in Process wl US ACOE: ❑ Yes ® No Permit Received from US ACOE ❑ Yes Z No DEQ U?C ❑ ill. Fee Split for multiple permits: (Check# Tofal Fee Amount $ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ Variance (En Maj; Min) $ SW (❑ HD, LID, ❑ Gen) $ 401: $ LQS $ Stream Deter,_,,,_ $ NCDEQ EXPRESS August 2018 For CEO Use ONLY Reviewer: North Carolina Department of Environmental Quality Submit, Request for Express Permit Review Time: Confirm, FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Please include this form in the application package. • Asheville or Mooresville Regions -Alison Davidson 828-296-4698;alison,davidson@,ncdenr.gov • Winston-Salem, Fayetteville or Raleigh Regions -David Lee 919-791-4204; david.lee(r�ncdenr.gov • Washington Region Lyn Hardison 252 948:3842 or tyn.hardison(o7ncdenr.Qov • Wilmington Region -Cameron Weaver 910-796-7265 or cameron.weaver().ncdenr.00v NOTE: Project application received after 12 noon will be stamped in the following workday, Project Name: COOKOUT County: BRUNSWICK Applicant: JEREMY A. REAVES Company: COOK OUT -KINGS MOUNTAIN, INC Address: 15 LAURA LANE, STE 300 City: THOMASVILLE, State: NC Zip: 27360-T Phone: 336-313-5226, Fax: _ Email: ilaves@cookout.com Physical Location:4447 MAIN STREET SHALLOTTE NC 28470 Project Drains into NON -SA waters — Water classification SC HQW (DWR Surface Water Classifications Man) Provided Existing Permits related to this Project SW SW _ SW _ NPDES NPDES WQ _ WQ _ E&S _ E&S _ Other 1 — Project Located in LUMBER River Basin. Is project draining to class ORW waters? N, within''/z mile and draining to class SA waters N or within 1 mile and draining to class HQW waters? Y Engineer/Consultant: J. CHRISTIAN RUSSELL P.E. Company: EAST COAST ENGINEERING & SURVEYING, PC Address: PO BOX 2469 City: SHALLOTTE, State: NC Zip: 28459 Phone: 910-754-8029. Fax: 910-754-8049. Email: crussell@eces.biz PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE S # JOBS SECTION ONE; REQUESTING A SCOPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWR, ❑ DCM, ❑ DEMLR, ❑ OTHER: SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: , # of stream calls — Please attach TOPO map marking the areas in questions ❑ IntermittenUPerennial 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, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)] ® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems /❑ MOO:❑ Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit N) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality ® Erosion and Sedimentation Control Plan with 1_2 acres to be disturbed. (CK # & Amt. (for DEQ use)) SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO -YOUR PROJECT (for both scoping and express meeting request) Wetlands on Site ® Yes ❑ No Buffer Impacts: ® No ❑ YES: —acre(s) Wetlands Delineation has been completed: ® Yes ❑ No Isolated wetland on Property ❑ Yes ® No US ACOE Approval of Delineation completed: ® Yes ❑ No 404 Application in Process wl US ACOE: ❑ Yes ® No Permit Received from US ACOE ❑ Yes ® No Fur DEQ a>c only Fee Split for multiple permits: ( Check # 1 Total Fee Amount $ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ Variance (❑ Maj; ❑ Min) $ SW (❑ HD, LD, 0 Gen) $ 401: $ LQS $ Stream Deter,_ $ NCDEQ EXPRESS August 2018 East Coast Engi ENGINEER' i Surveying, URVEYORS P.C. jgo :OCT 1 1 2018 STORMWATER NARRATIVE Coastal Express Car Wash Coastal Express Car Wash plans to develop a 1.5 acre (66,670.5 SF) tract of land located on US Highway 17 business in Shallotte, North Carolina. The project area will include most of the tract and have an approximate impervious area of 37,181 SF. This amount includes parking areas and building. The site is currently undeveloped. The impervious area will consist of a 24,443 SF for asphalt parking and driveways, 1,208 SF of concrete sidewalk and a 1,530 SF building. There is also a 10,000 SF allocation listed as future. The runoff from the impervious areas will be allowed to sheet flow along the surface of the asphalt and directed to a catchment area. It will then be directed to an open throat yard inlet and then to a shared onsite stormwater pond. The pond will be shared with the project adjacent to this project and is described below. This yields a total BUA of 37,181 SF. The ratio of BUA to total project area, therefore, is 55.8%. The project drains the Shallotte River which is located in the Lumber River Basin. It is classified as SC,HQW and its index number is 15-25-2-(7.5). Cookout Cookout plans to develop a 0.77 acre (33,688.5 SF) tract of land located on US Highway 17 business in Shallotte, North Carolina. The project area will include most of the tract and have an approximate impervious area of 27,334 SF. This amount includes parking areas and building. The site is currently undeveloped. The impervious area will consist of a 14,252 SF for asphalt parking and driveways, 1,500 SF of concrete sidewalk and a 1,582 SF building. There is also a 10,000 SF allocation listed as future. The runoff from the impervious areas will be allowed to sheet flow along the surface of the asphalt and directed to a catchment area. It will then be directed to an open throat yard inlet and then to a shared onsite stormwater pond. The pond will be shared with the project adjacent to this project and is described above. This yields a total BUA of 27,334 SF. The ratio of BUA to total project area, therefore, is 8 1. 1%. The project drains the Shallotte River which is located in the Lumber River Basin. It is classified as SC,HQW and its index number is 15-25-2-(7.5). 4918 MAIN STREET . POST OFFICE BOX 2469 • SHALLOTTE, NORTH CAROLINA 28459 . TEL: 910-754.8029 • Fax: 910-754.8049 FIRM LICENSE NUMBER: C-3014 1015/2018 y Download 101 Print Mail - cameron.weaver@ncdenr.gov X Hide email L CR Chris Russell <crussell@eces.biz> Today, 11:17 AM Weaver, Cameron; 'Alan Lewis 18-1003_REQUEST_FOR... 172 KB 18-1003_REQUEST_FOR... 172 KB 18-1004_SW_Narrative.... 99 KB 18-1003-EXPRESS SITE ... 589 KB S^ A attachments (1 -Mg) Download all Save all to OneDrive - State of North Carolina a P IV CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam. Cameron, Please find attached the documents requesting an stormwater review via the Express program. As we discussed on the phone, there are two project adjacent to each other and they will be sharing a stormwater pond. Due to the limitations of the request forms I mentioned to you we are submitting two (2) express review request forms but we are only requesting one review that will include both sites. I have also included the stormwater narrative describing the two projects as well as site plan that shows both sites. Hard copies of these documents are being mailed to you as well. I appreciate your assistance and guidance in getting this project scheduled for review. Please let me know if you have any questions. Thank you and have a great weekend. Chris E oast U*mr M PC. .1. Christian (Chris) Russell, PE Project Engineer Post Office Box 2469 Shallotte, North Carolina 28459 (o) 910-754-8029 (f) 910-754-8049 (m) 910-232-0692 https:!loutlook.office365.com/owa17realm=nc.gov&path=lattachmentlightbox 111 Hall, Christine From: Hall, Christine Sent: Wednesday, October 17, 2018 10:26 AM To: 'Chris Russell' Cc: Weaver, Cameron Subject: RE: [External] 18-1016_EML_SENT_FAST_TRACK_QUESTIONS It depends what the end goal is. if the goal is to begin building ASAP and you are confident in applying the 2017 rules and MDC, then fast track is a good option. In fast track, the technical review is conducted based on the as -built information submitted with the final permit. If the goal is to get the review and everything taken care of at one time up front OR it's a trickier site, then Express is a good option. However, alternative designs or variations from the rules would have to go to the regular program. The choice is yours.... Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources— State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 -: �../ Nothing Compares-,,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Chris Russell <crussell@eces.biz> Sent: Wednesday, October 17, 2018 10:13 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] 18-1016_EML_SENT_FAST_TRACK_QUEST IONS Yes, they were in reference to those projects. I was trying to get a feel for the time involved. Our clients have a very tight due diligence period. It appears to me after reading the information you provided earlier that the express track will still be the quickest and most efficient path. If you agree please schedule in express. If not, then please let me know and I will talk it over with Alan and the client and let you know how they would like to proceed. Thank you. 1 Chris Russell, I'I; (o)9I0-754-8029 (f) 910-754-8049 (m) 910-232-0692 From: Hall, Christine[mailto:Christine.Hall@ncdenr.gov] Sent: Wednesday, October 17, 2018 9:53 AM To: Chris Russell <crussell@eces.biz> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] 18-1016_EML_SENT_FAST_TRACK_QUESTIONS Chris, Are these questions related to Coastal Express Carwash / Cookout? Cameron brought me the express requests to schedule. Are you going to submit these to the fast track program or should I schedule in Express? Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct ch risti n e. h a l;(a) ncden r.g ov 127 Cardinal Drive Ext, Wilmington, NC 28405 -:�:f'Nothing Compares.—, It" Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Chris Russell <crussell@eces.biz> Sent: Wednesday, October 17, 2018 8:47 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: 'Alan Lewis' <alewis@eces.biz>; 'Robert Tucker (ECES)' <rtucker eces.biz>; 'Sabrina Babson' <sbabson@eces.biz>; 'Jackson Starling (ECES)' <jstarling@eces.biz>; Scott, Georgette <georgette.scott@ncdenr.Rov> Subject: RE: [External] 18-1016_EML_SENT_FAST_TRACK_QUESTIONS Thank you. Your answers were most helpful. Have a great day! Chris Russell, PH_'. (o)910-754-8029 (f) 910-754-8049 (m) 910-232-0692 2. From: Hail, Christine[mai[to:Christine.Hall@ncdenr.gov] Sent: Wednesday, October 17, 2018 7:30 AM To: Chris Russell <crussell@eces,biz> Cc: 'Alan Lewis' <alewis@eces.biz>; 'Robert Tucker (ECES)' <rtucker@eces.biz>;'Sabrina Babson' <sbabson@eces.biz>; 'Jackson Starling (ECES)' <jstarling@eces.biz>; Scott, Georgette <georgette.scott@ncdenr.go> Subject: RE: [External] 18-1016_EML_SENT_FAST_TRACK_QUESTIONS Answers are below in red. Please also read the fast track application instructions. I cannot emphasize enough how helpful they are. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources -- State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall(C,ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 y '""Nothing Ct'?fTi�. arcT 's.- ,_,.. Email correspondence to and from this address is subject to the North Carofioa Public Records Law and may be disclosed to third parties. From: Chris Russell <crussell@eces.biz> Sent: Tuesday, October 16, 2018 5:08 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: 'Alan Lewis' <alewis@eces.biz>; 'Robert Tucker (ECES)' <rtucker@eces.biz>; 'Sabrina Babson' <sbabson_ _ eces.biz>; 'Jackson Starling (ECES)' <jstarling@eces.biz> Subject: [External] 18-1016_EM.L_SENT_FAST_TRACK_QUEST IONS Christine, Thank you for the phone tali today. We have never done a fast track stormwater submittal and after talking to the rest of the staff, we came up with a couple of questions. 1. How soon will the ATC be issued once the application is received by the State? Refer to 15A NCAC 02H.1043(4) 2. Once the project is built and the post construction documentation is submitted (permitee certification, general MDC certification, wet pond certification, SWU-101, plans) will the permit be issued at that time or is there a review with comments or are the certifications sufficient? Refer to 15A NCAC 02H.1044 3. Will there be another permit fee of $505.00 post construction to write the final permit? Yes - Refer to 15A NCAC 02H.1044(3) 4. Can the construction sequence be included on the site plan orwili it need to be a separate document? Yes —as long as it describes if the project is phased, has future development, or will be a single project. 3 S. As we discussed on the phone, there are two parcels side by side with two different owners. I will be filling out a Fast Track application for each owner and explaining in the narrative that they will be sharing a common pond located partially on each parcel. Did I get that one right? No — you will complete a single application with multiple sections/pages to document the multiple owners. 5o you would either have two pages Ung each owner or somehow list both in the single section. There will be two signature pages — one for each. 6. If I fill out the FT application as described above in #5, will that require two application fees even though they will share a pond? No — it will be considered a single application. I apologize for ak of the questions but I want to be sure I get this done correctly and with as little hassle for you as possible. Thank you in advance for any help or insight you can provide as we move forward with this process. Have a great evening! Chris East oast 4GINEER7h"Ga1URVEYING, P.0 .I. Christian (Chris) Russell, PE Project Engineer Post Office Box 2469 Shallotte, -North Carolina 28459 (o) 910-754-8029 (E) 910-754-8049 (m) 910-232-0692 tA .� �c I�j� C ` r �Q 0 10, dGol�-A\ � A\, -\A V-4c.'r r C -6t& OL Y� CI-15 �Dc i 15�15:11.000 IIIIIIIIICIIII11lliII IIIIIIllll IIIIII Brenda �1216 lmmons-201PROP Brunswick County, NC Register of Deeds page 1 of 3 Brenda M. Clemmons Register of Deeds 07-02-2018 15:16!11.000 Brunswick County, NC NC REVENUE STAMP: $560.00 (#590217) i3tur o Type rotaN5�z Rev Q Int.Ck $ Ck # a53 Cash $ Refund Cash $-.- Finance 47 Portions of document are sliegible due to condition of original. n Document contains seals verified by original instrument that cannot be reproduced or copied. This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina attorneys, without opinion on title. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $560.00 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Tax Parcel #P101820013402 THIS DEED, made this the 29th day of June, 2018, by and between MILLIKEN & LENNON, INC., a North Carolina corporation, party of the first part, of 14 Stone Chimney Road, Supply, NC 28462, hereinafter referred to as Grantor, and G & H HAULING, LLC, a North Carolina Limited Liability Company, party of the second part, of 101 Montgomery Street, Suite 2800, San Francisco, CA 94104, hereinafter referred to as Grantee; WITNESSETH: THAT Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee, its successors and assigns, in fee simple, all of that tract or parcel of land situated in Town Creek Township, Brunswick County, North Carolina, and being more particularly described on Exhibit A, which is attached hereto and incorporated herein as a part of this Warranty Deed. In accordance with NCGS Section 105-317.2, the mailing addresses of Grantor and Grantee are as stated above. The property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and -„-.,.:. r.,�.—•.,asp-;rr �-,.,..,�.: ,,...,� ,. ---- �•,r-;�:; _ - ., ,.,;�--:. , -. -. CIE IV E wnv 2 4 �� B4076 P1217 05-06-201200 Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds page 2 of 3 appurtenances thereunto belonging to Grantee in fee simple. AND Grantor does hereby covenant with Grantee that Grantor is seized of the premises in fee simple, that it has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the following exceptions: zoning ordinances affecting the property, restrictive covenants of record, street rights -of -way, utility easements of record, and the lien for 2017 and subsequent years` ad valorem property taxes. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed, the day and year first above written. MILLI KEN & LENNON, INC., a North Carolina corporation By: a-d6--# J0.-12.411-ft Sue Wescott, President STATE OF NORTH CAROLINA COUNTY OF IIun-5vta4�- 1, a Notary Public of said County and State, do hereby certify that Sue Wescott personally came before me this day and acknowledged that she is President of MILLIKEN & LENNON, INC., a North Carolina corporation, and that she, as President, being authorized to do so, executed the foregoing deed on behalf of the corporation. Date. °2 2018 **notary stamp or seal** 4a)/A, C'4L Notary Public's signature Notary's Printed Name: 50.n�.Va- L' l�C�rG�I My Commission Expires: a - --7 - ?. 3 lilllil I�IIIIEI fll II �I�I! �I � ill I lil Brend ?�� l 15: 16: m ons-�©'PROP Brunswick County, NC Register of Deeds page 3 of 3 EXHIBIT "A" BEING all -of Tract 2 containing 1,53 acres as more fully described in a Plat prepared by Christopher D. Stanley, P.L.S. entitled "Minor Subdivision Map for: Milliken & Lennon, Inc., A Portion of the Lands Claimed in Deed Book 585, Page 578 Reputed Owners- Milliken & Lennon, Inc." dated June 26, 2017 and recorded in the Office of Brunswick County Registry in Map Book 108 at Page 25. THIS conveyance is made subject to the following reservations of easements, covenants and conditions: 1. Grantor reserves in favor of Grantor and Grantor's lawful successors and assigns rights of way and easements in the Property herein conveyed as follows: a. Rights of way and easements for drainage, flowage, receipt, discharge and removal of natural drainage and existing storm water drainage, over, within, along and upon that portion of a certain area shown as "Canal Ditch" on a survey plat thereof recorded in Map Cabinet 67 at Page 20, Brunswick County Registry which lies on Tract 2 as shown on a survey plat thereof recorded in Map Cabinet 108 at Page 25, Brunswick County Registry or an area of equivalent drainage function which lies on Tract 2, should all or a portion of the "Canal "Ditch" require removal or modification for development purposes. b. The right but not the obligation to enter the Property with personnel and equipment as reasonably necessary from time to time to inspect the drainage and flowage facility, C. The right but not the obligation to enter the Property with personnel and equipment as reasonably necessary from time to time to repair, maintain, keep open and clear the "Canal Ditch" as it presently exists or may be hereafter modified and its embankments from debris, trees, vegetation, lateral collapse, or other conditions whatsoever which impede or obstruct the "Canal Ditch" as a drainage and flowage facility, provided that any such repairs, maintenance and activities shall be conducted and accomplished in accordance with all required or existing local, state and federal governmental permits and standards. d. A vehicular and pedestrian access easement for purposes of ingress, egress and regress to and from Tract 1 as shown on the plat recorded in Map Cabinet 108 at Page 25 over, along and upon that area designated as "Access Easement 'A', 1,993 square feet on said plat". 2. By acceptance of this deed, Grantee covenants for itself and its lawful successors and assigns that it will not impede or obstruct the "Canal Ditch" or the area of its equivalent drainage function as a drainage and flowage facility. 3. The rights of way, easements and covenants herein reserved, declared and contained shall be appurtenant to and shall run with the title of Grantor's Retained Property shown as Tract 1 on a survey plat thereof recorded in Map Cabinet 108 at Page 25, Brunswick County, Registry, and shall be a benefit to said Retained Property and a burden upon the Property herein conveyed. Initial