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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 -_--- _ --i Manning'sn Rainfall Intensity (In/hr) -- ------_ -- ---- RCP PVC From 0.013 0_01 To 10 year 25 year Inlet A acres C 7.26 8.02 Inlet CA acres I (1n/hr) nlet 0 (eh.) Total O Length L)_ S QVR�_ 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 -0.01- 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 4.43 5.27 8.02 1 1 _ I I I + 1 I I DNigjo rna �gCon�r CJ, 1 _ g 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 t 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 4 4 ) N�� r. O-A WE 0 1 C7 O �a C:] m 0 'O O I O O O �`•.. BARGE RR p x oi. /•rsu a S/irJir 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,/