HomeMy WebLinkAboutSW3140404_HISTORICAL FILE_20150226STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW..`%��/>�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE��D�aY
YYYYMMDD
ASTON
p r o p e r t i e s DIVISION OF LAND KESOURCES
IAND O AuT SECTION
February 24, 2015
Mr. Zahid Khan, Regional Engineer
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Reference: Family Dollar Store —Granite Quarry
Stormwater Permit No. SW3140404
Dear Mr. Khan:
FEB 2 0 2015
DEA iMTU� RESOURCES I
Enclosed please find the Designer's Certification for the above referenced project.
Should you have any questions, please do not hesitate to contact me at (704) 319-4921.
Sincerely,
ASTON PROPERTIES
Bryan L�Smith, PE
Aston Properties, Inc.
610 E. Morehead Street, Suite 100
Charlotte, NC 28202
704.366,7337
704. 365. 3215 Fax
FAMILY DOLLAR
4/0/2014
__
Granite Quarry, NC
_
__DATE-
i
STORM DRAINAGE
CALCULATIONS
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Manning'sn
Rainfall Intensity (In/hr)
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RCP
PVC
From
0.013
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25 year
Inlet A acres
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Total O
Length L)_
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Pipe Size
Cap (cis)
Vel. (Ips)
Grata
Inv. In
From
Inv. Out
Coven
Comments
RD
DI - 5
111.4
DI-3
CB -2
STMH-IA
HW-1
DI - 5 1
pl - 4
I DI-3
CB-2
STMH-1A
HW-1
0.096 _
0.024
0.14
0.16
0.09
0.09
__ 0.95
0.95
0.95
0.95
0.95
0.95
0.09 _ __
0.02
0.13
0.15
0.09 _
0.09
__7.26_
---.7.26 -
7.28
7.26
7.26
7.26
7.26
_ 0.66
0.17
0.97
1.10
1.86
0.62
0.66
0.83
1.79
2.90
4.78
_ 5.38
I
_ _ 11_8_ _
55.5
39.7
102.8
8
22.8
0.01 _
0.0101
0.01
0.0099
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0.01
_ 8
15
15
15
15
15
(
1.21
6.50
6.47
6.44
_6.47
8.47
3.5
3.8
4.7
5.0
6.7
6.0
785.25
785.00
784.90
]84.52
784.52
781.40
780.02
779.42
778.20
777.07
782.58
780.58
T79.82
779.22
778.00
775.25
1 775.02
3,42
3.93
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5.27
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STATE OF NORTH CAROLINA Ak Ui
COUNTY OF ROWAN A�OUPrFs
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement') is made as of the Effective Date (as
defined in Paragraph 22.11 herein), by and between FARMERS & MERCHANT BANK, a North Carolina
corporation (whether one or more, "Seller'), and ASTON FD DEVELOPMENT GROUP, LLC, a North
Carolina limited liability company ("Buyer").
WITNESSETH:
That for and in consideration of the mutual covenants, agreements and undertakings set forth herein, Seller
agrees to sell to Buyer, and Buyer agrees to purchase from Seller, that certain real property of approximately 1.07
acres, together with all the rights, easements, privileges, hereditaments and appurtenances pertaining thereto, and
all improvements located on, under or above such real property (collectively, the "Property') located in Rowan
County, North Carolina, as more particularly described on Exhibit "A" attached hereto and incorporated herein
by reference, on the terms and conditions set forth herein.
1. PURCHASE PRICE: The total Purchase Price for the Property (the "Purchase Price') is $ 199,500.00,
to be paid as follows:
A. Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) in `Earnest Money" to be paid by
Buyer to Chicago Title Insurance Company ("Escrow Agent') within five (5) business days after the Effective
Date to be held in cost as a partial payment of the Purchase Price (or to be distributed pursuant to, and in
accordance with, other provisions of this Agreement). The Earnest Money plus all interest to accrue thereon shall
be fully insured throughout the term of this Agreement by the Federal Deposit Insurance Corporation. Interest
earned on the Earnest Money shall accrue for the benefit of Buyer and shall not be deemed a portion of the Earnest
Money; provided, however, upon the closing of this transaction, the Earnest Money plus any accrued interest
thereon shall be credited against the Purchase Price. Escrow Agent shall hold the Earnest Money and all other
funds deposited by Buyer under this Agreement in accordance with the General Conditions of Escrow attached as
Exhibit "C" and incorporated herein by reference.
B. The balance of the Purchase Price, in cash, or its equivalent, at Closing (as defined below).
2. POSSESSION: Exclusive possession of the Property will be delivered to Buyer at Closing.
3. INVESTIGATION PERIOD, TITLE OBJECTIONS AND BUYER'S TERMINATION RIGHT:
A. From and after the Effective Date until the Closing or the earlier termination of this Agreement,
Buyer, Buyer's employees, agents, contractors, subcontractors and third patty designees shall be entitled to
conduct any and all inspections, studies, surveys, tests and investigations of the Property, including, without
limitation, economic feasibility studies, environmental audits and testing and soil testing, that Buyer desires
(collectively, the "Investigations') to allow Buyer to determine, in Buyer's sole and absolute discretion, whether
Buyer desires to purchase the Property. Buyer shall be entitled, and Seller hereby grants to Buyer, Buyer's
employees, agents, contractors, subcontractors and third party designees, a non-exclusive irrevocable license during
such period, to enter upon the Property and to conduct the Investigations, and Seller shall fully cooperate with Buyer
to facilitate such Investigations. Seller will cause its contractor, engineer and agents to cooperate with Buyer, its
employees, agents, and representatives in connection with such Investigations and to respond in writing to such
DMSUBRARY01.20444596.2
reasonable questions as Buyer (or its employees, agents, engineers and representatives) may ask or to any
reasonable requests by such parties.
B. As used in this Agreement, the term "Initial Investigation Period" shall mean the period beginning
on the Effective Date and ending at 11:59 p.m., Eastern Time on the date which is 150 days after the Effective
Date. Buyer, in its sole discretion, shall be entitled to extend the Initial Investigation Period as follows: (i) for one
period of 60 days (the "First Extension's beginning on the first day after the expiration of the Initial Investigation
Period by (a) giving notice to Seller prior to the expiration of the Initial Investigation Period and (b) paying to the
Escrow Agent the sum of $5,000.00, which shall be non-refundable to Buyer (except for a default by Seller or the
failure of a condition precedent to Buyer's obligations to close), but which shall be applicable to the Purchase Price
at Closing, (ii) for one period of 60 days (the "Second Extension') beginning on the first day after the expiration of
the First Extension by (a) giving notice to Seller prior to the expiration of the First Extension and (b) paying to the
Escrow Agent the sum of $5,000.00, which shall be non-refundable to Buyer (except for a default by Seller or the
failure of a condition precedent to Buyer's obligations to close), but which shall be applicable to the Purchase Price
at Closing. As used herein, "Investigation Period" shall mean the Initial Investigation Period and, if and to the
extent exercised by Buyer, the First Extension and Second Extension.
C. If any of Buyer's environmental studies reveal that additional environmental testing is
necessary, the Investigation Period shall be extended for a reasonable period of time, not to exceed one hundred
eighty (180) days, during which time Buyer may, at Buyer's expense, perform such additional testing of the
Property as Buyer deems necessary. At the end of such period, or such earlier period as Buyer may elect, Seller
shall either (i) agree to perform environmental remediation on the Property to remove all Hazardous Materials
revealed by the environmental testing; or (ii) notify Buyer that Seller will not perform such environmental
remediation. If Seller elects to perform such environmental remediation as may be necessary and if Buyer elects
not to terminate this Agreement and receive a refund of the Earnest Money, the Seller shall provide such
financial assurances as Buyer may reasonably request to evidence Seller's ability to pay for such remediation
and diligently prosecute such remediation and the Closing shall be extended to the earlier of sixty (60) days after
the completion of such remediation or such earlier dates Buyer shall request. If Seller proceeds under (ii) above,
then Buyer shall have sixty (60) days from the date of Seller's notice to either (i) [emanate this Agreement and
receive a full refund of the Earnest Money (less a $100.00 inspection fee which shall be paid to Seller); or (ii)
proceed with this Agreement notwithstanding the Hazardous Materials revealed at the Property. If Seller desires
to perform the remediation described above, Buyer shall deliver such reports to Seller only after Seller has
agreed to perform any required remediation.
D. Buyer shall notify Seller in writing of all title matters or matters of survey to which Buyer
objects prior to the expiration of the Investigation Period, and Seller shall have fifteen (15) days after delivery of
said notice to cure said title and survey matters, or agree to cure such matters in a manner reasonably acceptable
to Buyer and Buyer's title insurance company prior to Closing. If Seller does not cure any such title or survey
matters or agree to cure such matters in a manner reasonably acceptable to Buyer and Buyer's title insurance
company within fifteen (15) days after notice thereof, Buyer may terminate this Agreement by providing written
notice to Seller, in which case the Earnest Money plus all accrued interest shall be immediately returned to Buyer
(except for a $100.00 inspection fee, which shall be paid to Seller). If Seller does not agree to cure any such title
and survey matters as provided herein, and if Buyer does not elect to terminate this Agreement as provided
herein, such matters that Seller does not agree to cure shall be deemed waived by Buyer and shall be Permitted
Encumbrances (as defined below). As used herein, "Permitted Encumbrances" shall mean the lien for ad
valorem real estate taxes on the Property for the year in which the Closing occurs and subsequent years and any
other matters that are expressly approved by Buyer in writing or waived by Buyer pursuant to this Paraa-aoh
3_C. Notwithstanding anything herein to the contrary, Seller, prior to or at Closing, shall remove any and all
mortgages, deeds of trust and other monetary liens and encumbrances on, or relating to, the Property.
DMSUBRARYOI-20444596.2
E. If Buyer, in its sole and absolute discretion, desires not to purchase the Property for any reason or
no reason, then Buyer may terminate this Agreement by giving written notice of such termination to Seller prior to
the expiration of the Investigation Period, whereupon this Agreement shall terminate, the Earnest Money plus all
accrued interest shall be immediately returned to Buyer (except for a $100.00 inspection fee, which shall be paid to
Seller), and neither party shall have any further rights or obligations hereunder. The failure of Buyer to provide
such notice of termination prior to the expiration of the investigation Period shall be deemed conclusively a
waiver of Buyer's termination rights under this Paragraph 3.
4. SELLER'S DELIVERIES: Within three (3) days after the Effective Date, Seller shall deliver to a
copy of Seller's most current survey of the Property and copies of all reports, letters, or other materials relating
to the soil, topography, environmental condition, or condition of title (including any title policy or title
commitment) of the Property.
5. CLOSING COSTS AND PROBATIONS: All due and payable City and County ad valorem taxes for
the year in which the Closing occurs shall be prorated to the date of Closing and shall be paid at Closing, if a
current tax bill for the Property is then available, or, if not, paid by Buyer prior to delinquency after Closing (with
Buyer receiving a credit at Closing for Seller's pro rata share thereof). Seller shall pay any and all ad valorem
taxes for all years preceding the year in which Closing occurs and all other taxes relating to the Property
(including, without limitation, any applicable rollback taxes) not later than Closing.
Seller shall pay the cost of (i) any documentary or revenue stamps required to be paid in connection with
the recording of the Deed (as defined in Paragraph 7 herein), (ii) recording costs for instruments to be recorded in
connection with the release of any mortgages, deeds of trust and other monetary liens and encumbrances on, or
relating to, the Property, and (iii) a title commitment (and any search fees relating to the issuance of same)
issued by Chicago Title Guaranty Company (the "Title Company's with the "Owner's Title Policy" to be
underwritten by the Title Company showing title to the Property and committing to issue an Owner's Title Policy
to Buyer, such title commitment to specify all exceptions to title, including, without limitation, easements, liens,
encumbrances, restrictions, conditions, or covenants affecting the Property. Buyer shall be responsible for the
preparation of the Deed, the recording of the Deed and the cost of the Owner's Title Policy. Any escrow fee
charged by the Title Company shall be paid one-half (1/2) by Seller and one-half (1/2) by Buyer.
6. SURVEY AND TITLE:
A. Buyer, at its sole cost and expense, may update the survey received from Seller or obtain a new
survey (in its sole discretion) (the "Survey").
B. Title to the Property shall be delivered to Buyer free of all encumbrances, except for the Permitted
Encumbrances. Seller shall not encumber, or allow any encumbrances to be placed upon, the Property from and
after the Effective Date.
7. DEED AND RESTRICTION:
A. A General Warranty Deed, with exceptions only for Permitted Encumbrances, conveying the
Property from Seller to Buyer (the "Deed") shall be prepared by Buyer. Seller shall deliver the Deed at the
Closing executed in recordable form The legal description of the Property that is to be included in the Deed shall,
at Buyer's election, be taken from the Survey or from Seller's source deed(s).
B. Buyer and Seller acknowledge that Seller owns real property adjacent to the Property shown as
hatched on Exhibit B attached hereto and incorporated herein by reference ("Seller's Property"). The following
covenant shall be included in the Deed to Buyer.
DMSLIBRARY01-20444596.2
The property shall not be used or occupied by a bank, mortgage company or mortgage
broker, savings and loan, credit union, insurance company or insurance agent, investment
company or investment advisor/broker, or other retail or other financial institution that
provides any of the following: Banking, deposit gathering, lending, investments products
or advice, insurance products or advice. This covenant may be enforced by an action at
law or an equity by the Seller or its successor or successors.
C. To the extent allowed under applicable laws, rules and regulations of applicable governmental
authorities, the exterior of Buyer's improvements on the Property shall be red brick, similar in color to the exterior
of the existing building on Seller's Property, with EIFS accent.
8. CLOSING AND CONDITIONS PRECEDENT:
A. The closing of the transaction contemplated by this Agreement (the "Closing' shall take place on
or before 5:00 p.m. on the thirtieth (30') day following the expiration of the Investigation Period. Provided,
however, Buyer may accelerate the date of Closing to any date after the Effective Date by giving Seller ten (10)
days written notice. Closing shall occur at the offices of the Title Company or, if requested by Buyer, at another
location mutually acceptable to both Buyer and Seller.
B. In addition to any other conditions precedent contained herein, Buyer's obligations to proceed to
Closing shall be conditioned upon, and such items shall be conditions precedent to Closing, the following: (i) the
physical condition of the Property at Closing being in substantially the same condition as of the Effective Date, (ii)
all of Seller's representations and warranties being true and accurate and reaffirmed in writing by Seller as of the
date of Closing, (iii) the condition of title of the Property being in the condition as described in Paramph 6 above,
(iv) Buyer not becoming aware of any information subsequent to the expiration of the Investigation Period that
would adversely impact Buyer's desire to proceed to Closing, (v) all governmental approvals, in Buyer's
discretion, have been obtained, (vi) the receipt by Buyer of an executed closing escrow instruction letter signed by
the closing agent and acceptable to Buyer, and (vii) the receipt by Buyer of the Owner's Title Policy or a "marked -
up" title commitment attached to the closing escrow instruction letter which unconditionally and irrevocably
commits the Title Company to issue the Title Policy in form attached to the closing instruction letter. If any of the
conditions precedent is not satisfied at Closing, Buyer may, in its sole and absolute discretion, terminate this
Agreement by providing written notice to Seller, in which case the Earnest Money shall be immediately returned to
Buyer, and neither party shall have any further rights or obligations hereunder.
C. From and after the Effective Date, and as a condition precedent to Buyer's obligations to proceed
to Closing, Seller shall not alter the physical condition of the Property or allow or permit the physical condition of
the Property to be altered ("Physical Alteration'. If a Physical Alteration occurs prior to Closing, (a) Buyer shall
be entitled to take any and all actions necessary to remove or remediate the Physical Alteration and return the
Property to the condition as it existed on the Effective Date and (b) Seller shall reimburse Buyer for all costs
incurred by Buyer to remove or remediate the Physical Alteration within thirty (30) days after Buyer provides
Seller with an invoice of such costs, and if not paid prior to Closing, Buyer may deduct such costs from the
Purchase Price at Closing.
9. ZONING: The obligations of Buyer under this Agreement are in all respects conditioned upon and
subject to the Property being zoned at Closing as same is zoned as of the Effective Date (or other zoning
acceptable to Buyer) and upon there then being no pending or proposed application for any rezoning or change
in zoning not consented to by Buyer that would apply to the Property or any portion thereof.
10. SUBDIVISION: If a subdivision is required pursuant to applicable law in connection with the
conveyance of the Property to Buyer, Seller shall cause the Property to be properly subdivided in compliance
with such applicable law prior to Closing. Further, Buyer may (but is not obligated to) act on Seller's behalf to
DMSLIB RARY0I.204445962
undertake all such actions required as a result of the sale of the Property to Buyer to comply with any applicable
subdivision law; and in such case, Seller agrees to fully cooperate with Buyer's efforts and irrevocably appoints
Buyer as Seller's attomey-in-fact (coupled with an interest) during the term of this Agreement for the purpose of
complying with any applicable subdivision law, and Buyer shall be entitled to deduct costs and expenses
incurred by Buyer to comply with such subdivision law from the Purchase Price to be paid by Buyer for the
Property at Closing.
11. ADDITIONAL DELIVERIES AT CLOSING: Seller shall provide Buyer with such affidavits as may
be reasonably required by Buyer or the Title Company attesting to the absence of any unrecorded materialmen's
liens relating to, and tenants in possession of, the Property, and such other documents as may be reasonably
requested by Buyer or the Title Company including but not limited to the following:
A. non -foreign affidavit;
B. Seller's closing settlement statement; and
C. the Restrictive Covenant.
12, ASSIGNMENT: Buyer shall be entitled to assign this Agreement without the prior written consent of
Seller.
13. DEFAULT AND REMEDIES: If Seller fails to perform any of the conditions or obligations of Seller
under this Agreement and Seller does not cure such failure within twenty (20) days after receiving written notice
thereof from Buyer, Buyer, except as provided below, as its sole and exclusive remedy, shall be entitled to either
(i) terminate this Agreement, in which case the Earnest Money shall be immediately returned to Buyer, and
neither party shall have any further rights or obligations hereunder, or (ii) commence an action against Seller for
specific performance of this Agreement or similar legal action. In addition to the remedies set forth in the
immediately preceding sentence, if Seller's failure to perform any of the obligations of Seller under this
Agreement is within Seller's control, Seller shall reimburse Buyer for all out-of-pocket costs incurred by Buyer
in connection with, or relating to, this Agreement. If Buyer defaults or fails to perform any of the covenants and
conditions of this Agreement and Buyer does not cure such failure within twenty (20) days after receiving
written notice thereof from Seller, then, as Seller's sole and exclusive remedy, Seller shall be entitled to
terminate this Agreement, in which case the Earnest Money shall be delivered to Seller, such amount being
liquidated damages which has been agreed upon by Seller and Buyer after due deliberation and discussion and
constituting a good faith estimate of the damages of Seller in the event of a default by Buyer, Seller's actual
damages being difficult, if not impossible, to ascertain.
14. NOTICES: Any notices, requests, and other communications required or permitted to be given
hereunder shall be in writing and shall be either (i) delivered prepaid by hand, or (ii) sent prepaid by a reputable,
national overnight delivery service (e.g., Federal Express, Airbome) and addressed to each party at the
applicable address set forth herein. Any such notice, request, or other communication shall be considered given
on the date of hand delivery (if delivered by hand), or on the next business day following deposit with an
overnight delivery service with instructions to deliver on the next day or on the next business day (if sent by
overnight delivery service). However, the time period within which a response to any notice or request must be
given, if any, shall commence to run from the date of actual receipt of such notice, request, or other communica-
tion by the addressee thereof. Rejection or other refusal to accept or inability to deliver because of a changed
address of which no notice was given shall be deemed to be receipt of the notice, request, or other communica-
tion. By giving at least ten (10) days prior written notice thereof, any party hereto may, from time to time and at
any time, change its mailing address hereunder.
DM S LI B RARY01-20444596.2
NOTICE TO SELLER: Farmers & Merchant Bank
NOTICE TO BUYER: Aston Properties, Inc.
6525 Morrison Blvd.
Suite 300
Charlotte NC 28211
Attn: Jackson M. Smith
15. APPLICABLE LAW: This Agreement shall be governed by and construed in accordance with the
laws of the state in which the Property is located.
16. RISK OF LOSS, DAMAGE OR REPAIR: Until Closing, the risk of damage or loss to the Property
shall be borne solely by Seller. From and after the Effective Date, Seller shall not alter the physical condition of
the Property.
17. BROKERS: Seller and Buyer represent and warrant each to the other that they have not dealt with any
broker in connection with this transaction except Aston Properties, Inc. (the "Broker"). Seller agrees to pay to
Broker pursuant to a separate agreement between Seller and Broker. Seller agrees to indemnify and save Buyer
harmless from and against any and all claims, suits, liabilities, costs, judgments and expenses, including
reasonable attorneys' fees, for brokerage commissions resulting from or arising out of Seller's actions in
connection with the purchase and sale contemplated hereby, including payment of any fee or charge due to
Broker. Buyer agrees to indemnify and save Seller harmless from and against any and all claims, suits,
liabilities, costs, judgments and expenses, including reasonable attorneys' fees, for brokerage commissions
resulting from or arising out of Buyer's actions in connection with the purchase and sale contemplated hereby,
excluding payment of any fee or charge to Broker.
18. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby makes the following
representations and warranties to Buyer, each of which shall be deemed material and which shall be true and
correct as of the Effective Date and as of the date of Closing:
A. Seller has good and marketable fee simple title to the Property, and there are no mechanics'
liens, contractors' claims, unpaid bills for material or labor pertaining to the Property, or any other similar liens
affecting Seller's title to the Property.
B. If Seller is a corporation, limited liability company, limited partnership, general partnership or
similar legal entity, such entity is duly created and validly existing pursuant to the laws of the jurisdiction of its
organization and is duly qualified to do business in the jurisdiction in which the Property is situated.
C. Public utilities, including gas, electricity, telephone, sewer and water are available on or at the
boundaries of the Property in sufficient quantities and pressures and at reasonably accessible locations to serve a
first-class retail shopping center in form and content satisfactory to Buyer in its sole discretion (the "Contem-
plated Use") on the Property.
D. There are no tenants or other persons or entities on the Property.
E. There are no pending, threatened or contemplated condemnation, eminent domain, litigation or
similar proceedings involving all or any portion of the Property, and Seller has received no notice of any such
action.
DMSUBRARY01.20444596, 2
F. Seller has no knowledge of any pending or contemplated public improvements in or about the
Property which may in any manner increase the taxes assessed against the Property.
G. No toxic or hazardous material or waste limited or regulated by any federal, state or local
governmental or quasi -governmental authority, or that, even if not so limited or regulated, could or does pose a
hazard to the health or safety of the occupants of the Property or adjacent properties (collectively, 'Substanc-
es"), including, but not limited to, petroleum products and substances regulated under any federal, state or local
environmental statute, law, order, ordinance, regulation, rule, requirement or right or remedy existing under
common law or in equity (collectively, the "Statutes and Laws") has been or, prior to the Closing, shall be,
located, released (within the meaning of 42 U.S.C. § 9601(22)), stored, treated, generated, transported to or
from, disposed of (within the meaning of 42 U.S.C. § 6903(3)) or allowed to escape on the Property, including,
without limitation, the surface and subsurface waters of the Property. No above ground storage tanks ("ASTs')
or underground storage tanks ("USTs") have been or are located on the Property or, if located on the Property,
have been removed and disposed of in full compliance with all applicable Statutes and Laws (satisfactory
evidence of which shall have been provided to Buyer). No portion of the Property has been used for waste
treatment, storage or disposal, and no wetlands are located within the boundaries of the Property. No investiga-
tion, administrative or judicial order, governmental notice of noncompliance or violation, remediation action
plan, consent order and/or agreement, administrative proceeding, civil or criminal litigation or settlement under
Statutes and Laws or with respect to Substances, ASTs or USTs have been or are proposed, threatened,
anticipated or in existence with respect to the Property.
H. The Property and Seller's operations at the Property have been in the past and will be until the
Closing in compliance with all applicable Statutes and Laws. No notice has been served on or delivered to
Seller from any entity, governmental body or individual claiming any violation of any Statutes and Laws or
demanding payment or contribution for environmental cleanup costs, environmental damage, or injury to natural
resources, or asserting liability with respect to same.
I. Seller will not, without the prior written consent of Buyer, enter into any service, maintenance,
or management agreement with respect to the Property which is not terminable on or before the Closing.
19. SURVIVAL OF WARRANTIES AND CONDITIONS: All conditions, warranties, representations
and agreements made herein shall survive Closing and delivery of the Deed indefinitely.
20. INDEMNIFICATION: Seller agrees to defend, indemnify and hold harmless Buyer, its directors,
officers, employees, agents, attorneys, contractors, subcontractors, licensees, invitees, successors and assigns
from and against any and all claims, demands, judgments, damages, actions, causes of action, liens, injuries,
administrative or judicial orders, consent agreements and orders, liabilities, penalties, costs, fees and expenses of
any kind whatsoever, arising directly or indirectly from or in connection with (i) the incorrectness of any
representations or warranties of Seller hereunder and (ii) the use, operation or ownership of the Property prior to
the date of Closing.
21. ENTIRE AGREEMENT: This Agreement contains the entire understanding and agreement by and
between the parties and all prior or contemporaneous oral or written agreements or instruments are merged
herein. No amendment to this Agreement shall be effective unless the same is in writing and signed by the
parties hereto, except Escrow Agent shall not be a required party to any amendment that does not directly affect
Escrow Agent's right or obligations hereunder.
22, OTHER TERMS:
A. The provisions of this Agreement shall inure to the benefit of, and shall be binding upon, the
parties hereto and their respective heirs and successors and assigns, as may be applicable.
WSLIBRARY01-20444596.2
B. TIME IS OF THE ESSENCE in this Agreement. In addition, if the final day of any period of
time set out in any provision of this Agreement falls on a Saturday, Sunday or holiday recognized in the United
States by Bank of America, N.A., or any successor thereto ("Bank of America"), then in such case, such period
shall be deemed extended to the next day which is not a Saturday, Sunday or holiday recognized in the United
States by Bank of America.
C. No presumption shall be created in favor of or against Seller or Buyer with respect to the
interpretation of any term or provision of this Agreement due to the fact that this Agreement was prepared by or
on behalf of one of said parties.
D. The captions used in connection with the paragraphs of this Agreement are for reference and
convenience only and shall not be deemed to construe or limit the meaning of the language contained in this
Agreement or be used in interpreting the terms and provisions of this Agreement.
E. This Agreement may be executed in two or more counterparts and shall be deemed to have
become effective when and only when one or more of such counterparts shall have been signed by or on behalf
of each of the parties hereto (although it shall not be necessary that any single counterpart be signed by or on
behalf of each of the parties hereto, and all such counterparts shall be deemed to constitute but one and the same
instrument), and shall have been delivered by each of the parties to the other.
F. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present
or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining
provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid
or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid
or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar
in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.
G. Each party hereto represents and warrants to the other party that the execution of this Agree-
ment and any other documents required or necessary to be executed pursuant to the provisions hereof are valid,
binding obligations and are enforceable in accordance with their terms.
H. The date upon which the Escrow Agent receives a counterpart original of this Agreement duly
executed by Seller and Buyer shall be the "Effective Date" of this Agreement for all purposes, and Escrow
Agent shall insert such date adjacent to its signature on this Agreement.
DMSLIBRARY01.204445961
IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be executed as of the
Effective Date.
BUYER:
ASTON FD DEVELOPMENT GROUP, LLC, a
North Carolina limited liability company
By: Aston Properties Inc., its sole member
�yr
By:
Name: CG t �Pw i
Title: 9iW
SELLER:
FARMERS & MERCHANT BANK,
a No
Ln
D.MSUBRARY01-20444596.2 9
The undersigned, Escrow Agent herein, executes this Agreement for the purpose of agreeing to the provisions
set forth in this Agreement relating to Escrow Agent and the Earnest Money.
Effective Date:
DMS LIBRARY01-20444596.2
ESCROW AGENT:
CHICAGO TITLE INSURANCE COMPANY
By:
Nam
e:�s/�
Title:
FEB-13-2013 WED 03:18 AM ! a bank
'na
a S-W 5r
a&W
roh
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CO
FAX NO. 7048337049 P. 02/02
C.CS. Mon. °Pentry
N. 882.411.8884'
E. 1.989.71&4728'
Brawn St7aet
Lot 1
9.070 Aa.
a'1 RESIDUAL TRACT
FARMERS & MERCHANTS BANK OF aRANiTE GJARRY. N.C.
EXHIBIT "C"
GENERAL CONDITIONS OF ESCROW
Except as specifically modified by the written settlement instruction executed by all parties and accepted
by the Escrow Agent, these General Conditions of Escrow shall apply to the escrow or settlement
described in the Agreement to which this Exhibit B is attached, and the property received hereunder.
Escrow Agent: Chicago Title Insurance Company is herein referred to as Escrow Agent.
2. Deposit of Funds: All checks, money orders or drafts will be processed for collection in the
normal course of business. Escrow Agent may commingle funds received by it in escrow with escrow
funds of others, and may, without limitation, deposit such funds in its custodial or escrow accounts with
any reputable trust company, bank, savings bank, savings association, or other financial services entity,
including any affiliate of Escrow Agent. It is understood that Escrow Agent shall be under no obligation
to invest the funds deposited with it on behalf of any depositor, nor shall it be accountable for any
earnings or incidental benefit attributable to the funds which may be received by Escrow Agent while it
holds such funds. Deposits held by Escrow Agent shall be subject to the provisions of applicable state
statutes affecting unclaimed property.
3. Limitations of Liability: Without limitation, Escrow Agent shall not be liable for any loss or
damage resulting from the following (Note that this paragraph shall not be construed to limit Escrow
Agent's liability for its own negligence.):
a. The effect of the transaction underlying this escrow or of any element of that transaction,
including without limitation, any defect in the real estate or other property that is the subject of
that transaction, any failure or delay in the surrender of possession of the property, the rights or
obligations of any party in possession of the property, the financial status or insolvency of any
other party, and any misrepresentations trade by any other party.
b. Any legal effect, insufficiency, or undesirability of any instrument deposited with or delivered by
Escrow Agent or exchanged by the parties hereunder, whether or not Escrow Agent prepared
such instrument.
C. The default, error, action or omission of any other party to the escrow.
d. Any loss or impairment of funds that have been deposited in escrow while those funds are in the
course of collection or while those funds are on deposit in a financial institution if such loss or
impairment results from the failure, insolvency or suspension of a financial institution.
C. Any defects or conditions of title to any property that is the subject of this escrow, provided
however that this limitation of liability does not limit or affect the liability of Fidelity National Ti-
tle Insurance Company under any title insurance policy which it has issued or may issue and that
no title insurance liability is created by this agreement.
f. The expiration of any time limit or other consequences of delay, unless a properly executed
settlement instruction, accepted by Escrow Agent has instructed the Escrow Agent to comply
with said time limit.
g. Escrow Agent's compliance with any legal process, subpoena, writs, orders, judgments and
decrees of any court whether issued with or without jurisdiction and whether or not subsequently
vacated, modified, set aside or reversed.
DMSLIBRARY0I-20444596, 2
4. Default, Non -Performance and Disputes: In the event any party to the transaction which is the
subject matter of this escrow shall tender any performance after the time when such performance was due,
Escrow Agent may nevertheless proceed with its function under this escrow, including without limitation
the delivery of documents and the disbursement of funds unless one of the parties to this escrow shall
give to the Escrow Agent a written direction to stop the further performance of the Escrow Agent's
functions hereunder. Except as otherwise provided herein, the event of written notice of default, non-
performance or dispute is given to the Escrow Agent by any party, Escrow Agent will promptly notify all
other parties of such notice. Thereafter, Escrow Agent is entitled to decline to disburse funds or to deliver
any instrument or otherwise continue to perform its escrow functions, except on receipt of a mutual
agreement of the parties in writing or upon an appropriate order of court.
5. Settlement Statements: Escrow Agent shall prepare settlement statements or otherwise account to
the parties for all funds received and disbursed hereunder at the time of final settlement and closing of this
escrow. Escrow Agent shall not be liable for the accuracy of information furnished to it by other persons
in the normal course of business, or the failure to adjust items not designated in writing. Adjustment
items shall be prorated on the basis of a calendar year and a thirty day month. Escrow Agent shall
account for adjustments, credits and charges of expense items according to the custom and usage of the
community. Signed approval of settlement statements or other accounting of funds shall constitute the
authority to Escrow Agent to disburse funds as shown thereon, and deliver instruments held in escrow as
set forth in the escrow instruments. Upon completion of the disbursement of funds and delivery of
instnunents, Escrow Agent shall be released and discharged of its escrow obligations hereunder.
6. Escrow Fees, Charges, Other Expenses and Additional Required Funds: Escrow Agent shall
charge for its service hereunder in accordance with its current regular schedule of fees (which includes
annual maintenance fees) unless otherwise provided. Unless otherwise directed such fees shall be
charged to the buyer and seller equally. All fees, charges and expenses are due and payable on or before
the settlement date hereof, and such amounts may be retained by Escrow Agent out of any funds held in
escrow due to the party from whom such amounts are due and owing. Additional amounts, which may
become due for any reason shall be promptly paid to Escrow Agent by the party owing such amounts.
Escrow Agent shall not be required to advance its own funds for any purpose, provided, that any such
advance made at its option shall be promptly reimbursed by the party for whom it is advanced, and such
optional advance shall not be an admission of liability on the part of Escrow Agent.
7. These conditions of escrow shall apply to and be for the benefit of agents of the Escrow Agent
employed by it for services in connection with this escrow.
8. Attorney Fees: In the event that litigation is initiated relating to this escrow, the parties hereto
agree that Escrow Agent shall be held harmless from any attorny's fees, court costs and expenses
relating to that litigation to the extent that litigation does not arise as a result of the Escrow Agent's fault.
To that end, the parties hereto agree to indemnify Escrow Agent from all such attorneys' fees, court costs
and expenses. To the extent that Escrow Agent holds a fund under the terms of this escrow, the parties
agree that the Escrow Agent may charge that fund with any such attorneys' fees, court costs, and
expenses as they are incurred by Escrow Agent.
,o
aDYAN
COUNTY NC
10/04/2002
$740.00
erne pp°W3H
Real Estate
�I VSUNA
Excise Tax
y 6
s7k
BK 0952 PG 0838
9004 Peg
0952 0838
PILED
NOWM COUNTY NC
30/04/2002 12,04 PN
MOVE tl aNi "'T
h9ister Of Daede
I ax Map No.: b4I0, varcel Identifier No.: 066, Verified by Rowan County on the
day of , 2002,
By:.
After recording to: Farmers & Merchants Bank, % Mr. Steven Fisher, Branch
Administration, 221 North Main Street, Salisbury, NC 28144
This instrument Was prepared by JOHN L HOLSHOUSER, JR., ATTORNEY&
COUNSELLOR AT LAW, 309 NORTH MAIN STREET, SUITE 1, SALISBURY, NC 28144-4340
f Brief description for the Index: US Highway 52, and Brown SVeet, Town of
Granite Quarry
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 24th day of September, 2002, by and between
GRANTOR
Carolina Maid Products,
Incorporated, a North
Carolina corporation
GRANTEE
Farmers & Merchants Bank
of Gmahe Quarry, North
Camilna, a North Carolina
banking corporation
Enter In appropriate block for each party: ,wns, addrass, and If aaprogYb, charster at entity, ca. Oaraorwon or
partnership.
Holshouser
(Page 2 of 6)
BK 0952 PG 0838.002
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural,
masculine, feminine or neuter as required by context.
WITNESSETH, that the, Grantor for a valuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, has and by these
presents does grant, bargain, sell and convey unto the Grantee in fee simple, all
that certain lot or parcel of land situate in the Town of Granite Quarry,
Providence Township, Rowan County, North Carolina, and more particularly
described as follows:
TRACT NO. I: (original description)
BEING all of Lots Nos. 1, 2, 3, 4, 5, 6, 7, B. 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, and 35, of the W. T. Peeler and wife,
Magdalene Peeler; property of Granite Quarry, owned and
developed by H. E. Fritts, a map of which was made and registered
by N. A. Trexler, C. S., on April 20, 1928, which map is filed in the
Office of the Register of Deeds for Rowan County, in Book of
Maps, Page 208, to which reference is made for a fuller and further
description.
For back title as to Lots Nos. 1 through 8, see Deed Book 244,
Page 217, Rowan County Registry.
For back title as to Lots Nos. 9 through 19, see Deed Book 435,
Page 127, Rowan County Registry.
For back title as to Lot No. 35, see Deed Book 358, Page 423,
Rowan County Registry.
TRACT NO. II: (original description)
BEGINNING at a stone, Roy Lingle's corner in line of Granite Park
property; thence with Lingle's line S.51-12 W., 52.5 feet, to a stake,
intersection of an alley with Lingle's line; thence with the Eastern
edge of said alley, 98 feet to a stake in edge of said alley: thence
with Eastern edge of said alley 121 feet to a stake in line of said
Alley, a new comer; thence N.65-11 E. 180 feet to a stake, a new
corner in Western margin of a proposed extension of Brown Street;
thence N.39-16. W., 217 feet with the margin of said proposed
extension of Brown Street to the BEGINNING Corner, and being a
part of the property shown on the plat of Granite Park, addition to
Granite Quarry, made by Frank K. Hodge, Surveyor, dated
October 12th, 1951,
(Page 3 of 6)
BK 0952 PG 0838.003
This property is conveyed subject to a Leigh -of -way for utilities
along the margin of the Extension of Brown Street.
For the autori of the Attorney -in -Fact see Deed Book 331,
Page 292, Office of the Register of deeds for Rowan County.
For back title see Deed Book 378, Page 295, Rowan County
Registry.
TRACT NO. III: (original description)
Situated in the Town of Granite Quarry, N. C. on the East side of
the new Salisbury -Albemarle Highway;
BEGINNING at a stake on the East side of said highway,
R. B. Peeler's corner: thence South 88-1/2 degrees East 193 feet
to a stake on the original line; thence South 59 1/2 degrees West
220 feet with said line to a stake on the East side of the new
highway; thence with said highway North 2-112 degrees East 125
feet to the BEGINNING.
For back title see deed from R. B. Peeler and wife to C. F. Brown
and J. E. Fisher, dated October 19, 1927, registered in Book
No.200, Page No. 149, also see deed from C. F. Brown
(unmarried) to L. J. Kluttz, registered in Book No. 201, Page
No. 58, both in Register's Office of Rowan County.
See also Deed Book 358, Page 423, Rowan County Registry.
TRACT IV: (original description)
BEGINNING at an established iron pipe in the Southwest margin of
Brown Street, said pipe being located in the Eastern comer of the
Carolina Maid Products, Inc. property described further in Deed
Book 378, Page 295; and running thence with the Southwestern
margin of Brown Street, South 48 degrees 9 minutes 30 seconds
East 144.58 feet to a new iron pipe; thence a new line South 48
degrees 48 minutes 10 seconds West 188.1 feet to a new iron pipe
in the Eastern margin of a 10-foot alley; thence with the Eastern
margin of a 10-foot alley as it curves to the right, the radius of said
curve being 479.9 feet, more or less, to an established iron pipe
(chord reference for said curve is North 25 degrees 40 minutes
West 212.7 feet); thence with a line of Carolina Maid Products,
3
(Page 4 of 6)
I l
BK 0952 PG 0838.004
Inc. North 77 degrees 11 minutes 30 seconds East 129.17 feet to
the point of BEGINNING.
For back title see Deed Book 606, Page 956, Rowan County
Registry.
A map showing the above -described property is recorded in Plat Book of Maps,
page 208, Rowan County Registry.
This conveyance is subject to rights of way conveyed to the Town of Granite
Quarry, as described in Deed Book 606, page 213, and Deed Book 930,
page 717, Rowan County Registry.
The above -described tracts are to remain as one parcel for ad valorem tax
purposes.
This tract is subject to the reconfiguration of Brown Street.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges
and appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the
premises in fee simple, 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
except for the exceptions hereinafter stated.
Title to the property hereinabove-described is subject to the following
exceptions:
General utility rights of way and easements of record.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if
corporate, has caused this Instrument to be signed in its corporate name by its duty authorized
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DEMLR USE ONLY
Date Received
Fee Paid
Permit Number
2- — z 0/ "f
00
S /
Applicable Rules: ❑ Coastal SW - 1995 ❑ Coastal SW - 2008 h II - Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan:
State of North Carolina
Department of Environment and Natural Resourcesl(!pS'�,,
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied firr use as an original UCrd 2014
Ike-,"
GENERAL n, ,.
I. GENERAL INFORMATION /41, n^ / to A/V, (1A,.
Nt 1,:1 .. n1RAr
1. Project Name (subdivision, facility, or establishment name - should beiconsistent with project name;on plans,
specifications, letters, operation and maintenance agreements, etc.):
Familv Dollar I'cr. `T " 9n. _
,sty
2. Location of Project (street address): Alp 41,q'
240 N. Salisbury Ave.
City:Granite Quarry County:Rowan Zip:28072
3. Directions to project (from nearest major intersection):
At the interchange of I-85 and US Highway 52 head east on US Highway 52 towards Granite Quarry
Project is located at the intersection of Church St. and N. Salisbury Ave.
4. Latitude:35° 36' 57" N Longitude:80° 26' 51" W of the main entrance to the project.
H. PERMIT INFORMATION:
1. a. Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modification}
tRenewals with modifications also requires SWU-102 - Renewal Application Form
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) . and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification
2. Specify the type of project (check one):
❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application, list the stormwater project number,
if assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major
❑NPDES Industrial Stormwater
®Sedimentation/Erosion Control: 1.1 ac of Disturbed Area
❑404/401 Permit: Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
5. Is the project located within 5 miles of a public airport? ®No ❑Yes
If yes, see S.L. 2012-200, Part VI: http://12ortal.ncdenr.nry,/web/Ir/rules-and-regulations
Form SWU-101 Version Oct. 31, 2013 Page I of 6
Ill. CONTACT INFORMATION
La. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:FDOB-Granite Quarry, LLC c/o Aston Properties, Inc
Signing Official & Title:Steven 1. Townley, Senior Vice President, Aston Properties, Inc.
b. Contact information for person listed in item la above:
Street Address:610 E. Morehead St., Suite 100
City:Charlotte State:NC Zip:28270
Mailing Address (if applicable):same as above
City: State: Zip:
Phone: (704 ) 366-7337 Fax: (704 ) 365-3125
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:FD08- Granite Quarry. LLC c/o Aston Properties. Inc. (Future Owner)
Signing Official & Title:Steven 1. Townley, Senior Vice President Aston Properties. Inc.
b. Contact information for person listed in item 2a above:
Street Address:610 E. Morehead St., Suite 100
City:Charlotte State:NC Zip:28202
Mailing Address (if applicable):Same as above
Zip:
Phone: ( ) Fax:
Email:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person /Organization: Bryan E Smith/ Aston Properties Inc.
Signing Official & Title:
b. Contact information for person listed in item 3a above:
Mailing Address:610 E. Morehead St., Ste 100
City:Charlotte State:NC Zip:28202
Phone: (704 ) 319-4921 Fax: (704 ) 365-3215
Email:besn-dth@astonprop.com
4. Local jurisdiction for building permits: Rowan County
Point of Contact:Cathy Sheaf Phone #: (704 ) 296-8610
Form SWU-101 Version Oct. 31, 2013 Page 2 of 6
IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
The stormwater is piped to a open sand filter device.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUDApproval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW —1995 ❑ Ph II — Post Construction
3. Stormwater runoff from this project drains to the Yadkin - Pee Dee River basin.
4. Total Property Area: 1.07 acres
5. Total Coastal Wetlands Area: acres
6. Total Surface Water Area: acres
7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area':
Total project area shall be calculated to exclude thefollowing: the normal pool of imppounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be
included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 65.2 %
9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered
stormwater BMP. For lore density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area _
Drainage Area _
Drainage Area _
Receiving Stream Name
UT to Crane
Creek
Stream Class *
C
Stream Index Number *
12-115-(2)
Total Drainage Area (sf)
38,768
On -site Drainage Area (so
38,768
Off -site Drainage Area (sf)
PrioPro used Impervious Area (sf)
30,044
% Im ervious Area** (total)
77•5
Impervious" Surface Area
Drainage Area _
Drainage Area _
Drainage Area _
Drainage Area _
On -site Buildings/Lots (so
8,857
On -site Streets (so
On -site Parking (sf)
19,402
On -site Sidewalks (sf)
1,785
Other on -site (so
Future (so
Off -site (sf)
Existing BUA*** (so
Total (so:
30,044
* Stream Class and Index Number can be determined at: IUtn://uorfnLntdenr.0 X/rneb/zo l/ s/csn/elassificat ions
** Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version Oct. 31, 2013 Page 3 of 6
" Report only that amount t f existing BUA that will remain after development. Do not report any existing BUA that is
to be removed and which will be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide documentation.
N/A
Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed than rnay be subject to more .stritigent .stormwater requirements as per 1 SA NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from ham://Liortal.ncdetir.org/web/wq/ws/su/bmp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
ham://portal.ncdennorg/web/wq/ws/su/statesw/forms does. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map at http://portal.ncdenr.org/web/wq/ws/su/ma1.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from ham://portal.ncdennorg/web we ws/su/statesw/forms does.
%?'vL —_
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions &Protective Covenants A
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M R
agreement(s) for each BMP. _ ,
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to lf�
htto://w� ww.envhelp.org/12ages/onestol2exl2ress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.) /
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
/J'd_
receiving stream drains to class SA waters within 1h mile of the site boundary, include the'h
mile radius the map.
I /
7. Sealed, signeded and dated calculations (one copy)/
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify Al surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
Form SWU-101 Version Oct. 31, 2013 Page 4 of 6
n. Existing drainage (including off -site), drainage casements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5'xl I" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior
to submittal, (910) 796-7378.) AC„JG ✓/ PORtkgSE QAATA4CP
10. A copy of the most current property deed. Deed book: 952 Page No: 838
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned. W # a _fZA& )" 49n1CIE
http://www.secretar-y.state.nc.us/Corporations/CSearch.awxx jL��FrJf�p
VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
13UA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from htto //nortal.ncdenr.org/web/Ir/state-stormwater-
forms does. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.
Vill. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:Bwan E. Smith
Consulting Firm:
Mailing Address:610 E. Morehead St., Suite 100
City:Charlotte State:NC Zip:28202
Phone: (704 ) 319-4921 Fax: (704 1 365-3215
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item la) with (print or type name of organization listed in
Contact Information, item la) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version Oct. 31, 2013 Page of 6
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days; otherwise 1 will be operating a stormwater
treatment facility without a valid permit. 1 understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
a Notary Public for the State of
do hereby certify that
before me this _ day of
stormwater permit. Witness my hand and official seal,
6ya111
County of
personally appeared
and acknowledge the due execution of the application for a
My commission
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item la) Steven I. Townley
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormw t ru e 15 CAC 2H .1000 and any other applicable state stormwater re uirements.
Signature: Date: y/zSY
r
I, �u _ K/1 Ui+v a Notary Public for,the State /of ' � r � �-1 County of
n 1 (') ' do hereby certify that )(1 l� %GLL��tLZ�� personally appeared
h /1
before me this � clay of / ii Lt and acknowledge the due execution of the application for a
stormwater permit. Witness my hand and official seal,Ct-
�`' � L E V,
�QQ-`'�\��SSiON FXp/QFJ' .O2
NOTARY
PUBLIC S
a), .
,' BURG CCU .•`
SEAL
My commission expires
Form SWU-101 Version Oct. 31, 2013 Page 6 of 6
)z F_- l�.tfL.J
/ 53'1,"-C�lyl'At
Y"First Submittal ❑ Re -submittal
Development/Project Name:
Receiving stream name_14_T
40 r 71 �,uquro�
Application Completeness Review
Date Received:
bt FfbA, WtYV1-S S47�
� t.✓ �/ cep
l By Bill Diuguid�. h
For post -construction requirements, a program will be deemed compliant for the areas where if is'DI
implementing any of the following programs: WS-I, WS-II, WS-III, WS-IV, HOW, ORW, Neuse River Basin ,.-
NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Ndtrient �S 'mot
Management Strategy. c / �FCT�
I High Density Projects that require a 401/404 within an NSW require 85% TSS, 30% TN and'30% TP removal_
T&E Species (Goose Creek, Waxhaw Creek r Six Mile Creek Water Sheds): At /A
Latitude and Longitude:35 - C;�gy W Jurisdiction "y?
Project Address: Z*o Al Cw ca r gu,2��p G2 e,✓ 9 c b!� �� � 2 uLJ„ �
Engineer name and firm:
Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? Yes or ❑ No
❑ Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets igh Density ❑ Other
IJlI} --a- 401/404 im acts to surface waters, wetlands, and buffers (add language to cover le er an a info letter)
l� %;
G✓CheCheck for $505. 0 -0 included _
tnr,riginal signature (not hotoco on application
Legal signature orporatic -VP[high Partnership.General Partner/higher, LLC-member/manager, Agent).
STEt/- o / s'E Io V•
Check spelling, capitalization, punctuation: ttp://www.secretary.state.nc,us/corporations/the0aae.ast)x
If an agent signs the application, a signed letter of authorization from the applicant must be provided which
ny udes the name, title, mailing address and phone number of the person signing the letter.
Copy of property deed showing ownership or control
lJIA- -a- or subdivided projects, a signed and notarized deed restriction statement
aled, signed & dated calculations
[rY Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each)
❑ Bioretention
❑ Dry Detention Basin
❑ Filter Strip
❑ Grass Swale
❑ Infiltration Basin
❑ Infiltration Trench
❑ Level Spreader
❑ Permeable Pavement
❑ Rooftop Runoff Management
K115-and Filter
❑ Stormwater Wetland
❑ Wet Detention Basin
❑ Low Density
❑ Curb Outlet
❑ Off -Site
❑ NCDOT Linear Road
❑ . Restored Riparian Buffer
wo sets of sealed, signed & dated layout & finish grading plans with appropriate details
arrative Description of stormwater management provided
oils report, geotech information provided
Wetlands delineated or a note on the plans or in the accompanying documents that none exist on site and/or
�djacent property
tetails for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter;
ensions & slopes provided
VDrainage areas delineated ❑ Pervious and impervio reported for each ❑ Areas of high density
�/ MP operation and maintenance agreements providedji➢iyfFn/irdca ,� r cc ss �ASont �,�/,✓-
Application complete ❑ Application Incomplete Returned: (pate)
Comments
4�y
Z8262-
Apnl 26, 2013 Revision, Bill Diuguid
ie= f Dt(Z4) 40 i Il D r u q u a oC A F it, W i Yh.S sGtu.r
J +c,K Gi4p-ros,�
Application Completeness Review
o' First Submittal ❑ Re -submittal Date Received: t& Date Reviewed:" / By Bill Diugu
Development/Project Name: FRm;i+•/ DoLL/}-,,P <PR_A- J, So
Receiving stream name b1 T Tot Classification: "C"
River Basin: VA--nvc,:) _ . .>c r._ � T.fl_.. _ I,— i�
For post -construction requirements, a program will be deemed compliant for the areas where it is
implementing any of the following programs: WS-I, WS-Il, WS-III, WS-IV, HQW, ORW, Neuse River Basin
NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nutrient
High Density Projects that require a 401/404 within an NSW require 85%o TSS;,30% TN and 30% TP removal.
T&E Species (Goose Creek, Waxhaw Creek r Six Mile Creek Wat'ejSheds): A(
Latitude and Longitude:3S Sx c'w/UMJurisdiction
Project Address: Z* Is `' .G . VL&1AjJCIA/
Engineer name and firm: SiC �fRy a rFFP�<(p/O E{A%YtOic�A-A S% Su�'� 0 6
Phone:204-3/9-6LuJ Email:
Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? Yes or ❑ No 7-82°2
❑ Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets igh Density ❑ Other
d11-a-401/404 im acts to surface waters, wetlands, and buffers (add language to cover let a an a info letter)
� BUA 2 9)
q,,'Check for $505. 0 included _
mor Original signature (not hotoco on application
Legal signature on oration -VP ighe) Partnership -.General Partner/higher, LLC-member/manager, Agent).
STEW = S To I E�y-y SE /IOR V %
Check spelling, capitalization, punctuation:'ttttp://www.secretary.stzite.nc.us/corporations/ther)a2c asox
If an agent signs the application, a signed letter of authorization from the applicant must be provided which
inyludes the name, title, mailing address and phone number of the person signing the letter.
Copy of property deed showing ownership or control
1JIA' -a-:,For subdivided projects, a signed and notarized deed restriction statement
E�ealed, signed & dated calculations
Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each)
o Bioretention
❑ Dry Detention Basin
❑ Filter Strip
❑ Grass Swale
❑ Infiltration Basin
❑ Infiltration Trench
❑ Level Spreader
❑ Permeable Pavement
❑ Rooftop Runoff Management
E?5and Filter
❑ Stormwater Wetland
❑ Wet Detention Basin
❑ Low Density
❑ Curb Outlet
❑ Off -Site
❑ NCDOT Linear Road
❑ Restored Riparian Buffer
(NZwo sets of sealed, signed & dated layout & finish grading plans with appropriate details
arrative Description of stormwater management provided
&/ oils report, geotech information provided
Wetlands delineated or a note on the plans or in the accompanying documents that none exist on site and/or
Sdjacent property
%etails for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter;
ensions & slopes provided
�rainage areas delineated ❑ Pervious and impervio repo1rted for each ❑ Areas of high density
MP operation and maintenance agreements provided.,/Y�JAiN7t'n/it ✓c.r ,+ . cGsS �'� Svnt E,�/�—
Rr Application complete ❑ Application Incomplete, Returned: (Date)
Comments
April 26, 2013 Revision, Bill Diuguid
ASTON
p r o p e r t i e s
April 25, 2014
Mr. Bill Diuguid
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
Stormwater Permitting Unit
512 N. Salisbury St.
Archdale Building, 9t' Floor
Raleigh, North Carolina 27604
Reference: Proposed Family Dollar
Granite Quarry, North Carolina
240 N. Salisbury Ave.
Dear Mr. Diuguid;
lam' LC ��'J 12
APR 2 9 2014
Enclosed please find the following information for your review and approval:
1. One (1) original and one (1) copy of the Stormwater Permit Application Form.
2. One (1) original of the Sand Filter Supplement Form;
3. Permit application fee in the amount of $505;
4. Stormwater Narrative is part of the calculations;
5. USGS Map;
6. Stormwater calculations;
7. Two (2) sets of plans;
8. Soils report is part of the calculations;
9. Copy of the current deed and purchase agreement;
In regards to the Articles of Incorporation, I will forward those once I get a copy from our attorney. I
expect to have this document around the first of May.
Should you have any questions, please do not hesitate to contact me at (704) 319-4921.
Sincerely,
ASTjON PROPERTIES, INC.
ST
/�Pl.al
Bryan Smith, PE
Aston Properties, Inc.
610 E. Morehead Street, Suite 100
Charlotte, NC 28202
704.366.7337
704, 365, 3215 Fax
r• ,
YAW
NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 4, 2011
Mr. Larry Smith, Town Manager
Town of Spencer
PO Box 45
Spencer, North Carolina 28159-0045
Natural Resources
Subject: NPDES Phase II Stormwater Program
State Designation Process
Town of Spencer, Rowan County
Dear Mr. Larry Smith:
Dee Freeman
Secretary
Pursuant to Session Law 2006-246, Section 5, we are writing this letter to provide information on activities
related to state designation of public entities under the National Pollution Discharge Elimination System
(NPDES) stormwater program and the potential implications for your community. Included with this letter is
documentation with background information on the NPDES Municipal Stormwater Program. Under the
provisions cited above, your community has been identified for consideration under the state designation
procedures. Please note that this does not mean your community has been designated at this point.
Various pieces of information, including public and community input, will be considered before making final
decisions on state designations. Public notice of potential designation will be given, and comments on
potential designation will be accepted through February 14, 2011.
For more information, visit: http://h2o.enr.state.nc.us/su/stormwater.html
If you have any questions about this letter, please feel free to contact Mike Randall at (919) 807-6374 or
mike.randall@ncdenr.gov, or Brian Lowther at (919) 807-6368 or brian.lowther@ncdenr.gov.
Sincerely,
Coleen H. Sullins
cc: Central Files
Stormwater and General Permits Unit Files
Mooresville Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 919.807.6300 \ FAX: 919.807-6492 \ Customer Service: 1-877.623-6748 North Caroli na
Internet: www,unwatergmaliv Acl Naturally
ato I -a l ,
An Equal Opportunity\ AHirtnalive Action Employer `. "(U,/