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NCG020809_COMPLETE FILE - HISTORICAL_20151230
2� STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V �� l��' � � 09 DOC TYPE 4HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ D 0-) is (�- 3 YYYYMMDD ,A; ] � bt, k--, P-J 11 -�,- 11i NO U r �`� TVA'+ + •'����r 1�VO'J 11 Ij I 1e 1 � --cacti �I'lQ 4-111 a� U I r�• � ' •f J , • 1 December 30, 2015 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Plt Construction Company Inc Attn: Mark Proctor 5676 Thompson Chapel Chur Wilson, NC 27896 PAT MCCRORY- c,n,•,,,,,r DONAU) R. VAN DER VAART Subject: NPDES Stormwater Permit Coverage Renewal COC #NCG020809 Dear Permittee: TRACY DAVIS Pip ecrm For coverage under NPDES General Permit NCG020000, the Division of Energy, Mineral and Land Resources (DEMLR) is forwarding herewith the reissued Certificate of Coverage and Stormwater/Wastewater General Permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended.) The following information is included with your permit package: • New Certificate of Coverage • Stormwater/Wastewater General Permit • Technical Bulletin for the General Permit • Discharge Monitoring Report (DMR) Forms • Annual Discharge Monitoring Report Forms • Qualitative Monitoring Report Forms The General Permit authorizes discharges of Stormwater and/or wastewater (as applicable to your site), and it specifies your obligations with respect to discharge controls, management, monitoring and record keeping. Please review the new permit to familiarize yourself with all changes in the reissued permit. Significant changes to the General Permit are outlined in the Technical Bulletin. Your coverage under the General Permit is transferable only through the specific action of DEMLR. This permit does not affect the legal requirements to obtain other permits which may be required by the N.C. Department of Environmental Quality, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment or decree. If you have any questions regarding this permit package please contact the DEMLR Stormwater Permitting Program at 919-707-9220. Sincerely, frlr Tracy E. Davis, P.E., C.P.M Cc: Stormwater Permitting Files Slate of North Carnlina I Nnvhvuvncntal Quality I $nergy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh. NC 27699-1612 919 707 9200 'l' Mr. Mark D. Proctor NCG020809 December 1, 2011 stormwater nol combined with mine dcwatering water), you will be required to adhere to the conditions in this permit for stormwater discharges. Per the requirements of the Tar -Pamlico Riparian Buffer Rule, all stormwater drainage to stream buffers, from portions of this site that have been constructed after January 1, 2000, must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0259. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: htt :ll ortal.ncdenr.or ,/web/w /ws/su/bm -manual. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Jennifer Jones at telephone number (919) 807-6379. ORIG 'S"ED Bl KEN PICKLE fbr Coleen 11. Sullins cc: Raleigh Regional Office, Danny Smith Central Files Stormwater Permitting Unit Files NC®ENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 1, 2011 Mr. Mark D. Proctor, Vice -President PLT' Construction Company, Inc. 5676 Thompson Chapel Church Road Wilson, NC 27893 Resources Subject: General Permit No. NCG020000 Clark Pit #2 COC NCG020809 Edgecombe County Dear Mr. Proctor: Dee Freeman Secretary In accordance with your application for a discharge permit received on June 7, 2006, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. Please be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Part 111, Section E of your permit. You must have an approved Operation and Monitoring Plan before mine dewatering discharges occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be submitted to the Wilmington Regional Office within 60 days of your receipt of this permit. Contact Ed Beck at the Wilmington Regional Office at (910) 796-7215 for more information about the approval process. Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage for this type of mining operation. Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this permit. This general permit allows the discharge of stormwater and certain types of wastewater from your facility. In your application, you specified that only mine dewatering water would be discharged from this facility. If separate point -source discharges of stormwater occur (i.e., Wetlands and Stormwater Branch One 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 NorthCarolina Location: 512 N, Salisbury St. Raleigh, North Carolina 27604 �atura!!r� Phone: 919.807-6300 i FAX: 91 M07-64941 Customer Service: 1-877.623-6748 IntemeC www.ncwaterqualit .org An Equal Opportunity 4 Affirmative Action Employer STATE OF NORThI CAROLINA DEPAR`I'MEN"I' OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCCO20000 CERTIFICATE OF COVERAGE No. NCG020809 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, PLT Construction Company, Inc. is hereby authorized to discharge stormwater and mine dewatering wastewater from a facility located at: Clark Pit #2 11855 NC 97 West Rocky Mount Edgecombe County to receiving waters designated as Compass Creek, a class C, NSW water in the Tar -Pamlico River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective December I, 2011. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 1, 2011. ORIGINAL SIGNED B) KEN PICKLE fr Coleen EI. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission X jrllif v�, A6, 7 yjf a '7 P: N - rl t it I Y, _7' .1 L ULt J, , A . 0 51 Oz. 14.1 In, 2 J, I lie 'a IN V i lit v: fhT , 4N j ? .4 -Al - Clark Pit 'Y Z, t L All ha 7 _01 V AV jiit r 5 , N % W'r. '1Atj -76 j 1 MO. rr:.*.j'! rhr Vla 1A 4j iZ' It, k.O k' P, —NN" 4F er z 41 NCG020809 N w E S Map Scale 1:36,959 PLT Construction Company, Inc. Rocky Mount, NC Latitude: 35* 58' 26" N Longitude: 771 46' 04" W County: Edgecombe Receiving Stream: Compass Creek Stream Class: C, NSW Sub -basin: 03-03-02 (Tar -Pamlico River Basin) on I Facility Location Central Files: APS SWP ✓ 11 /30/ 11 Permit Number NCG020809 Permit Tracking Slip Program Category Status Project Type NPDES SW In draft New Project Permit Type Version Permit Classification Mining Activities Stormwater Discharge COC COC Primary Reviewer jennifer.jones Coastal SW Rule Permitted Flow Facilitv Facility Name Clark Pit #2 Location Address 11855 Hwy 97 W Rocky Mount NC 27801 Owner Owner Name Plt Construction Company Inc Dates/Events Permit Contact Affiliation Major/Minor Region Minor Raleigh County Edgecombe Facility Contact Affiliation Owner Type Non -Government Owner Affiliation Mark D. Proctor President Vice 5676 Thompson Chapel Church Rd Wilson NC 27893 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 11/17/11 11/30/11 f ` Regulated Activities !! 1 II Mine dewatering ,�/<0 0lew inq Goa Cvpre it w O u tfa I l 001 4f Waterbody Name Stream Index Number Current Class Subbasin Compass Creek 28-72 C;NSW 03-03-02 [PIV COIVSTRUCTIOIV CO. 5676 Thompson Chapel Church Road • Wilson. North Carolina 27896 • (252) 243-4462 November 15, 2011 Mr. Bradley Bennett NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Mr. Bennett, Y On Wednesday November 9, 2011 myself and Chris Mckeel met with Jennifer ,tones and Lauren Witherspoon to discuss the existing Clark Langley Pit NCG020573 mine permit 9 33-31. PLT has a contract to purchase the property contingent upon the transfer of the permits and or issuance of new permits. After meeting with both Jennifer and Lauren it was determined by them that the best course of action would be to renew the current Discharge permit and upon doing so transfer it to PLT Construction Company Inc. 1 have enclosed the completed renewal form and permit name/ownership change form as well as a check for the renewal fee in the amount of $640.00 (3 years 2005-2007 @ $80, and 4 years 2008-2011 @ $ l 00.) An updated map and a copy of our purchase agreement are also enclosed. Should you have any questions or require any additional information please feel free to contact me. I appreciate your assistance with this matter. Regards, Kelly Proctor Division Manager j9@@0W7Lqj Nov r 7 2011 DENR • WATER QUALITY "14 iANa "aWNTER BRAK8 �FwrFA7 Permit Coverage Renewal Application Form National Pollutant Discharge Elimination System Certificate of Coverage Number Q NCG020573 Stormwater General Permit NCGO80000 Please complete the information in the space provided and return the completed renewal form to the address indicated below. Owner Information * Address to which .nermit correspondence will be mailed Owner / Organization Name: Clark -Langley, Inq,_ Owner Contact: Mailing Address: Phone Number: nl L %Sr je 1 9 f— Fax Number: E-mail address: 4� �t,�,s�rds ��•:-�Ss�w�a�s.ee..� Facility Information Facility Name: /J Facility Physical Address: 14k Liesp Facility Contact: 5 Mailing Address: Phone Number: Fax Number: E-mail address: Permit Information Permit Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream: Stream Class: Basin: Sub -Basin: Number of Outfalls: Facil'i ./Activity Changes Please describe below any changes to your facility or activities since issuance of your permit. Attached a separate sheet if necessary. Area has been mined as indicated on plan by,Stock's Engineering. CERTIFICATION I certify that I am Tamil' ith the information contained in the application and that to the best of my knowledge and belief such information is tru p1e and ra e. — Signature Date _ .._ � % 0 — it Print or type name of person signing above Title Please return this completed application form to: SW General Permit Coverage RenewalStormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 4 ` t � ; . � � � I' � . .` a � .� l r .'.' `•l R a �.�t I a� ��; -t' ' - .� t ;, •fir ��ti.s i � ~, l j � R � � M1 S i r ' � `i .♦ .. .. ... ,.{ •� i � 1 � ._ , WArFRp Beverly Pave! endue, Governor �OF 4p Dec eeman, Secretary y y Noah Carolina Department of Environment an &rural Retovrcea Coleen . Sullins, Director Divis' n of Water Quality TE E {, SURFACE A R'PROTECTION S CTION ", E `PERMIT NAME/OWNERSHIP CHANGE ORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C s 167 1. 1 1 1 1 1 x I C 010 1 z-16 II. Permit statists prior to requested change. a. Permit issued to (company name): I b. Person legally responsible for permit: First M1 Last �• � 'TiUc . _ Pcttt»t Ho der Mailing Address + city state zip 9( Phone Fax c. , Facility name (discharge): d. Facility address: Address City State Zip e. Facility contact person: �'.�,.,� ,d - L. T,_ 152) 9ey-Cw/ First / MI I Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: Change in ownership of the facility ❑ Name change of the facility or owner !f other please explain: b. Permit issued to (company name): C. Person legally responsible for permit:- First� MI Last Title Perrnit Ifolder Mailing Address City State Zip Phone Cimd Address d. Facility name (discharge): e. Facility address: s / Address l Z' '4" _- ✓srG j7Ya/_ City State Zip f, Facility contact person: ,d __ c%— First MI Last Phone E- df[ dress PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 W. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Lell ,V p� si r t M1 Last Title Ili ing Address -mac 11� City state Zip Phone E- it A"ddks V Will the permitted facility continue to conduct the same industrial activities conducted prior to t>t}ia ownership or name change? ©' Yes ❑ No (please explain) VI. Required Items' THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by botb the permit holder prior to the change, and the new applicant in the cage of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMIT TEE CERTIFICATION (Permit holder prior to ownership change): I, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed a that if all required supporting information is not included, this application package will be returned a n X? Signature Date APPLICANT CERTIFICATION 1, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required pans of this application are not completed and that if all requ' pporting information is not included, this application package will be re ed as incomplete. Zu// Signature Date ..................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Retched 7l2a08 OFFER TO'PURCRASE AND CONTRACT -.VACANT LOTILAND NOTE: This contract is intended for unimproved real property that Buyer will purchase only for personal use and does not have immediate plans to subdivide. It should not be used to sell property, that is being subdivided tirdess. the property has been platted, properly approved and recorded with the register of deeds as of the date of'the contract: If Seiler is Buyer's builder and the said g, involves the construction of a new single family dwelling prior to closinuse the standard Offer to Purchase and Contract —New Construction (Form _ - or, if the construction is completed, use the Offer to Purchase and Contract (Form 2-T) 'With the New Construction Addendum (Form 2A3-T). For valuable consideration, the receipt and legal sufficiency of. which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell. and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFIMTIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term, (a) "Seller": Nash Materials, -LLC (b) `Buyer": PLT QnstructianComganv.Inr. (c) " Property': The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon. Street Address: . NC 97 West (OfI3 City:, - Royk Mount -- - -- - - - Zip:_-__ 27M1... County: Edgecomti<i Caun : North Carolina (NOTE,: Governmental authority over -taxes, zoning; school districts, utilities'and mail delivery may differ f um.address shown.) Legal Description; (Completc ALL applicable) w**seertDDENDUMrf attached hereto ai'd Lnaorraoraledhergin Lune%re ,?* Plat Reference: Lot/Unir , BfocWSection Subdivision/Condothinium as shown -on Plat-Book/Slide at Page(s) The PIN/PID or other identification number of the Property is: Other description: Some or all of the Property may be described in Deed Book at Page (d) "Purchase Price": $ O� .a00.0o paid in U.S, Dollars upon the following terms: S, BY DUE DILIGENCETEE made payable to Seller $ 3.0go.,00 BY INITIAL EARNEST MONEY:DEPOSIT made payable to Escrow Agent named in Paragraph I (f) with this offer by 13 cash © personal check 13 official bank check © other: $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable to Escrow Agent named. in Paragraph 1(0 by cash or immediately. available funds such as official bank -cheek -or wile transfer to be delivered to Escrow Agent no later than TIME BEING OF THBE',SSSRNCE with regard to said date, $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing-:loan(s) secured bya deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum -(Standard Form 2A54). $V1000.00 BALANCE'of the.Purchase Price -in cash at Settlement (some or all of which may be paid with :the proceeds of a new loan) Should Buyer fail to deliver either the Due Diligence Fee or any initial Earnest Money Deposit by the Effective Date, or should any check or other funds paid by Buyer be dishonored;, for any reason, by the, institution upon which the payment is drawn, Buyer shall have one (1) banking day after -written notice to deliver good funds to the payee, In the event Buyer does not timely deliver good fiulds, Seller shall have the right to terminate this Contract-upop written notice to.Buyer. TAl11772170v2 "' IrM DOCUMENT HAS BEEN MODMM FROM THE JOINTLY -APPROVED STANDARD FOAM:'•• Pace 1- or 10 Association Bonn No.12 0 ReAsed 7r1067, lrzatl Primed by Agrctment with,the NC Bar Association This standard form has.been approved jointly by: North Carolina North Carolina Bar Association— NC Bar Form'No, 12 North Carolina Association ofRvWtonO, Inc. — &andard Form 12T (e) "Earnest Money Deposit": The Initial Earnest Money DepoAt;.the Additional Earnest Money Deposit and. any other earnest monies paid in connection with this transaction, hereinafter collectively referred to as "Earnest Money Deposit", shall be deposited and held in escrow by Escrow Agent until Closing, at which time it will be credited to Buyer, or until this Contract is -otherwise terminated In the event: (1) this offer is not accepted; or (2) a condition of any resulting contract is not satisfied, then the Earnest Money Deposit shall be'refunded to Buyer. In the event of breach -of this Contract by Seller, the Earnest Money Deposit shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer far such breach. In the event of breach of this Contract by Buyer, the Earnest Money Deposit shall be paid to Seller upon Seller's request as liquidated damages and'as Seller's sole and exclusive remedy for such breach, but without: limiting Seller's rights under Paragraphs 2(c),and 2(d) for damage to the Property or Seller's right to retain the Due.Diligence Fee. It is acknowledged by the parties that payment of the Earnest Money Deposit to Seller in the event of a breach of this Contract by Buyer is compensatory and not punitive, such amount being -a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money Deposit to Seller shall not constitute a penalty. or forfeiture but actual compensation for Seller's anticipated. loss, both.: parties.adm6wleciging thedifficulty detcrmiaing Seller's actual damages for such,brea&. If legal proceeding§ are brought by Buyer at Se11e'r against. the other to recover the Earnest Money.Depo§it, the pr&valling:party in`the proceeding shall be entitled to recover tram the non-prievaikag party reasonable attorney fees and court.casts:incurred.in connection .with the proeeeding. (f) "Escrow Agent" (insert'name); ZumerAunIII (NOTE: In the event of a dispute between Seller and Buyer over the disposition of: the Earnest Money Deposit held in escrow, a licensed real estate broker {"Broker") is required by state law (and Escrow Agent, if not a Broker, hereby agrees) to retain the Earnest Money Deposit in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from.the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a Broker is holding the Earnest Money Deposit, the Broker may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12:) THE PARTIES AGREE THAT A 'REAL ESTATE BROKERAGE FIRM ACT1NG AS ESCROW AGENT MAY PLACE. THE EARNEST MONEY DEPOSIT IN AN INTEREST BEARING TRUST ACCOUNT AND THAT ANY INTEREST EARNED THEREON SHALL BE.DISBURSED TO THE ESCROW AGENT MONTHLY IN CONSIDERATION OF THE EXPENSES INCURRED:BY MAINTAININCi:5UCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH.. (g) "Effective Date"; The date that. (1) the last one of Buyer and Seller has signed or initialed this offeror the final counteroffer, if any, and (2) such signing or initialing is communicated'to the party making the bffer or. counteroffer, as the case.moy be. (h) "Due Diligence": Buyer's opportunity during the Due Diligence Period to investigate the Property and the transaction contemplatedby this Contract; including but not necessarily limited.to the matters described in Paragraph 2 below, to decide whether Buyer., in Buyer's sole discretion, will proceed with or termittate the transaction. (i) "Due Diligence Fee": A negotiated amount, if any, paid by Buyer to Seller with this Contract. for Buyer's right to conduct Due uri Diligence dng the Due°Diligence Period. It shall be the property of Seller upon the Effective Date and shall be a credit to Buyer at Closing. The Due Diligence Fee shall be non-reflrndable except in the event of material breach of this Contract by Seller, or if this Contract Is terminated' under Paragraph 60) or Paragraph 9, or as otherwise. provided in any addendum hereto. Buyer and Seller each expressly waive any right that they may have to deny the right to conduct Due. Diligence or to assert any defense as to. the enforceability of this Contract based on the absence or alleged insufficiency of any Due Diligence Fee, it being the4ntentof the parties to create a legally binding contract-for'the purchase and sale of -tile Property without regard to the existence or amount of any Due Diligence Fee. 0) "Due Diligence Period": The period beginning on.the Effective Date and extending through 5:00 p.m: on. October 31, 201 1, 77ME BEING OF THE ESSENCE with regard to said date. (k) "Settlement": The proper execution. and delivery to the settlement agent ofall'documents necessary to complete the transaction. contemplated by this Contract, including the deed,.settlemenr-statement, deed of trt wand other loan or conveyance documents, and the settlement agent's receipt of all funds necessary to complete such transaction. (1) "Settlement Date": The parties agree that Settlement will take place on Oc_6bec3 L 2-WI (the "Settlement Date), unless otherwise agreed in writing, at a time and place designated by Bayer.. (m) "Closing";- The legal "process which results in the-tmnsfer of title to the Property from Seller to Buyer, Closing includes the following steps: (1) the Settlement (defined above); (2) the completion of a satisfactory ftle-update to the Property following the TIU11772170v2 **OMES DOCUMENT HAS BEE1 MOD[F7ED-FROM THE JOn 1 MY -APPROVED STANDARD FORM***' Pap 2 or t o Association Form No.:l2 C Revised 712007, 112011 This Amdard form has born approved Jointly by: North Carolina Prinwd by Agm=cntwith rho NC Bar Association North Carolina Bat Assooirfian— NC Bur Form No. 12 .North Cai61iaa Association of.RealtorsQ, Iric. — Standard Porn 12T Settlement; (3) the settlement agent's receipt of authorization to disburse all necessary funds; and (4) recordation in the appropriate' county registry of the deed(s) and.deed(s) of trust, if any, which shall take place as soon as reasonably possible for the settlement. agent alter Settlement. Upon such, recordation -of the deed(s) and deed(s) of trust, if any, Closing shall be deemed completed and the proceeds of sale shall be disbursed by the settlem'errt igent'in accordance with the settlement statement and -the provisions of Chapter 45A of the North Carolina General Statutes. if the title update should reveal unexpected liens, encumbrances or other title defects, or if the settlement agearls not authorized to disburse all necessary funds, then the Closing shall be suspended and .the Settlement deemed delayed under Paragraph 10 (Delay in Settlement/Closing). (n) "Special Assessments": A charge against the Property by a governmental authority in addition to ad valorem taxes or by an owners' association in addition to any regular assessment (dues), either of which may be a lion against the Property. A Special Assessment may be either proposed or confirmed - "Proposed Special Assessment": A Special Assessment that is under formal consideration but which. has not, been approved prior to. Settlement. "Coatirmed Special Assessment": A Special Assessment that: has beerl'approved prior .to Settlement whether or not it is'fully payable at time of Settlement. 2. BUYER'S DUE DILIGENCE PROCESS: (a) Loan: During the Due Diligence Period, Buyer, at Buyer's expense, shall be entitled to pursue'qualification for and approval of the Loan if any. (NOTE: Buyer is. advised to consult with Buyer's lender prior to signing this offer to assure that the Due Diligence Period allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.) (b) Property Investigation: During the Due Diligence Period,. Buyer or Buyer's agents or representatives, at Buyer's expense, shall be entitled to condudt all desired tests, surveys; appraisals,.investigatlans, examinations and inspections of the Property as Buyer deems appropriate, including but NOT limited to the following. (i) Soil, Utilities and Environmental: Reports to determine whether the soil is.suitable for Buyer's. intended use and whether there is any environmental contamination, law, rule or regulation that may prohibit; restrict or Iimit Buyer's intended use: (ii) SeptlUSewer System: Any applicable iovestigation(s) to determine: (1) the condition of an existing sewage system, (2) the costs and expenses to install a sewage system approved by an existing. Improvement Permit, (3) the availability and expense to cornett to a public or community sewer system, and/or (4) whether an Improvement Permit or written evaluation may be obtained from the County Health Department for a suitalile ground absorption sewage system. (iii) Water: Any applicable investigation(s) to deternine: (1) the condition of.an existing private drinking water well, (2) the costs and expenses to install a private drinking water well approved by an existing Construction Permit, (3) the availability, costs and expenses to connect to a public: or community water system; or a shared.,private well, and/or (4) whether a. Construction Permit niay be obtained from the County Health Department for a private drinking.water well. (iv) Review off. Documents: Review of the, Declaration of Restrictive Covenants,bylaws, Articles oflncorporation,;Ruies and Regulations, -and other governing documents of any applicable owners' association and/or subdivision: if the Property is subject to regulation by an owners' association, it is recommended that Buyer review the completed Owners' Association Disclosure And Addendum (Standard Form 2A 12-7) provided by Seller prior to signing this offer. (v) Appreisals: An appraisal of the Property. (vi) Survey: A survey to determine whether there are any encroachments on the Property from adjacent properties (fences, driveways, etc.), encroachments $om the .Property onto adjacent properties, road or utility easements crossing the Property, lack of legal access to a public right-of-way, or indefinite or erroneous legal descriptions in previous deeds to the Property. (vii) Toning and Governmental Regulation: Investigation of current -or proposed zoning or other governmental regulation that may affect Buyer's intended use of the Property, adjacent land uses,. -planned or proposed road construction, and school attendance zones. (viii) Flood Hazard: Investigation of potential -flood hazards on the Property, and/or any requirement to purchase flood insurance in order to- obtain the Loan; (c) Buyer's Obligation to Repair Damage: Buyer shall, at Buyer's expense, promptly repair any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall not be responsible for any damage caused by accepted practices applicable to any N.C..licensed professional performing reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive any termination of this Contract, TR111772170v2 ""THIS DOCUMENT riAs BEEN MODIFIED FROM THE JOINTLY -APPROVED STANDAitD FORM"' PW 3 or 10 Association Fenn No. 12 o Revised 7rZti07, M0I I This standard fbrm has been approved jointly by: North Carolina Printed by Agrccincat with the NC Bar Association North Carolina Bar. Association — NC Bar Form No. 12 North Carolina Association orRcaltong, Inc. — Sundard Form 12T , (d) Indemnity: Buyer will indemnify and hold Seller harmless from all loss, damage, claims, suits or costs, which shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer aad Buyer's agents and. contractors relating to the Property except for any loss, damage, claim, suit or cost arising out of pro -existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall survive this Contract and any termination hereof, (e) Buyer's Right to Terminate:.Buyer shall have the right to terminate this Contract for. any reason or no reason, by delivering to Seller written notice of termination (the "Termination Notice")during the Due Diligence Period (or any agreed -upon written extension of the Due Diligence Period), TIME BEING OF THE ESSENCE. If Buyer timely'delivers the Termination Notice, this Contract shall be terminated and the Earnest Money Deposit shall be -refunded to Buyer. (WARNING: If Buyer is not satisfied with the results or progress of Buyer's Due Diligence, Buyer should terminate this Contrack prior to the expiration of the Due Diligence Period, unless Buyer can obtain a written extension from Seller. SELLER IS NOT OBLIGATED TO GRANT AN EXTENSION. Buyer's failure to deliver a Termination Notice to Seiler prior to the expiration of the Due Diligence Period shall constitute a waiver by Buyer of any right to terminate this Contract based on any matter relating to Buyer's Due Diligence.) (NOTE: Following the Due Diligence Period, Buyer may still exercise a right to terminate this Contract for any other reason permitted under the terns of this Contract or North Carolina law.) (#) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY iN ITS THEN ExilsTiNG. CONDITION UNLESS PROVISION IS OTHERWISE MADE IN WRTCING,' BUYER REPRESENTATIONS: (a) Loon, Buyer ❑ does ® does not have to obtain a new loan in order to. purchase the Property, If Buyer is obtaining a new loan, Buyer intends to obtain a loan as foilows: ❑ Conventional Cl Other: loan at a ❑ Fixed Rate ❑ Adjustable Rate -in the principal amount of _ for a term of year(s), at an initial interest rate not to exceed % per annum (the "Loan"),. (NOTE: If Buyer represents that Buyer does not. have to obtain a new loon in order to purchase. the Property, Seller -is advised, prior to signing this oiFer, to obtain documentation from Buyer whk demonstrates that Buyer will be able to close om the Property. without the -necessity of obtaining new loan.) .(b) Other Property: Buyer [-],does ® does not have tts sell or lease other real property in: order to qualify for a new loan or, to complete purchase. (NOTE: if Buyer does have to -sell, Buyer and Selier�should consider including a Contingent Said Addendum (Standard Foam 2A2 T) with this offer.) (c) Performance of Buyer's Financial Obligations- To .the best of Buyer's howledge, there are no other circumstances or conditions existing as of the date of this offer that would -prohibit: Buyer from performing Buyer's financial obligations in accordance with this Contract, except'as may be specifically set forth herein. 4. BUYER OBLIGATIONS: (a) Owners' Assticiation Fees/Charges: Buyer shall pay any fees required for confirming account payment information on owners' association ,dues - or assessments for payment or proration and any charge made. by theowners' association in connection with the disposition of the Property to Buyer, including any'.transfer and/or document:fee imposed by the.owners' association. Buyer shall not be responsible for fees incurred by Seller in completing the Owners' Association Disclosure and Addendum (Standard Form 2Al2-T). (b) Responsibility for Proposed Special Assessments:. Buyer shall take title subject to all Proposed Special Assessments disclosed by Seller fin Paragraph 5(b), if any. (c) Responsibility for Certain Costs: Buyer shall be responsible for all costs with respect to. any loan obtained by Buyer, appraisal, title search, title insurance,recording the deed and -for preparation:an&recording of all instruments required.to secure the balance ofthe Purchase Price unpaid at Settlement. 5, SELLER REPRESENTATIONS: (a) Ownership: Seller represents that Seller. ® has owned the Property for at least one year. M 1177217M 0—THIS DOCt1MEM HAS BEEN MOnIF(F.D FROM THE JOINTLY -APPROVED STANDARD FORM' •• Pop 4 of l O Assaeiation Farm No. 12 © Revised.7t].Oa7, t/2011 This standard form has been apprnvcd jointly by. North Carolina Printed by Agnxrnr6t with the NC Bar Assvciatlon North Carolina Bar Association — NC Bar Form No. 12 North Carolina Assoclati000f Reeltars&, Inc. —Standard Form 121 ❑ has owned the Property for less than one year, ❑ does not yet own the -Property. (b) Assessments: To.the best of Seller's knowledge.ihere are no Proposed Special Assessments except as follows(irisert "None" or the identification of such, assessments, if any):. NONE Seller warrants that there are no Confirmed Special Assessments except as follows (Insert 'None" or the identification of such assessments, if any): NONE (c) Owners' Association(s) and Dues: To best of Seller's knowledge, ownership of the Property ❑ subjects ® does not subject Buyer to regulation by one or more owners' association(s) and governing documents, which impose various mandatory covenants, conditions and restrictions upon the Property and Buyer's enjoyment thereof, including but not limited to obligations to pay regular assessments (dues) and Special Assessments. If there is an owners' association, then an Owners' Association Disclosure and Addendum (Standard Form 2Al2-T) shall be completed by Seller, at Seller's expense, and inust,be attached as an addandiim to this Contract (d) Sewage Systera Permit: 0 Applicable'® Not' Applicable) Selle.rwarrantsrthat the sewage.system described,in the lrilptoverhent Permit attached hereto has been installed, which warranty survives Closing, but makes no further representation as to the system, (e).Private Drinking Water Well.Permit: (C]Applicable ®Not Applicable) Seller warrants that a private drinking water well has been installed, which warranty survives Closing, but makes no further representation as to the well. (If well installed after July 1, 2008, attach Improvement Permit hereto.) 6. SELLER OBLIGATIONS: (a) Evidence of Tkk: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Effective Date, copies of all title information in possession of or available to Seller,. including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and It of trust and easements relating to the Property. Seller authorizes (1) any attorney presently or previous�y representing Seller to release and disclose any title insurance policy in such.attorney's file to Buyer and both Buyer's and SelIer's agents and�attorneys; and (2) the,Propetty's title insurer or its agent to release and disclose all materials, in the Property's title insurer's (or title'th9urces agent's) file to Buyer.and both Buyer's and Seller's agents and attorneys. (b) Access to Property: Seller shall provide reasonable access to the Property (including working, existing utilities) through the earlier.of Closing,or possession by Buyer. To the extent applicable, Seller shall also be responsible for timely clearing that portion of the Property required by the County to perform tests, inspections and/or evaluations to determine the suitability of the Property for a sewage system and/or private drinking water well. (c) Removal of Seller's PrGpertyt Seiler shall remove; by the date' possession Is made -available to Buyer, all personal property which is not a part of the purchase and all garbage and debris from the Property. (d) Af ldavlt and Indemnification. Agreement: Seller shall furnish at Settlement an aMdavit and indemnification agreement in form satisfactory to Buyer and Buyer's title insurer, if any, executed by Seller and any person or entity who has performed or furnished labor, services, materials or rental equipment as described in N.C.G.S. §44A-8 to the Property within 120. days prior to the date of Settlement verifying that each such person or entity has been paid in full and agreeing to indemnify Buyer, ,Buyer's lender(s) and Buyer's title insurer against all loss from any -cause ar.claim arising therefrom. (a) Payment and Satisfaction oftiiens: All deeds of trust, liens and other charges against the Property, not assumed by Buyer; must be paid and satisfied by Seller prior to or at=Settlement such that cancellation may be promptly obtained following Closing. Seller shall remain obligated to obtain any such cancellations fallowing Closing. (f) Title, Legal Access: Seller shall execute and deliver a SPECIAL WARRANTY DEED for the. Property at Settlement unless otherwise stated herein, Which shall convey fee simple marketable•and insurable title, free of all encumbrances except: ad valorem taxes for the.current year (prorated through the date of Settlement); utility,easements and unviolated restrictive covenants that do not materially affect the value of the Property; and such other. encumbrances as may be assumed or specifically approved by Buyer in writing. The Property must have legal -access to a public right of way. (NOTE: If any. sale of the Property may be a "short sale," consideration should be given to attaching a Short Sale Addendum (Standard Form.2A 14-T) as an addendum to this Contract). TRW77217W ""THIS DOCUMENT HAS 8EVN MOVWM FROM Tlta 10WMY-AYPROVW STANDARD FORM••• PW 5 of 10. Associalibn Form No,.12 C Reviscd 712007,112011 This standard form has been approved Jointly by: Narth Carolina Printed by Agreement with the NC Bar Association North Carolina Bar Association — NC Bar Form No. 12, North Carolina Association ofRealtorsS, Inc. — Standard Form 12T (g) Deed, Excise Taxes; Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Contract, and for state and county excise taxes required by law, The dead is to be made to: PLT CONSTRUCTION COMPANY. INC. (h) Agreement to Pay Buyer Expenses: Seller shall pay at Settlement $ N/A toward any of Buyer's expenses associated with the purchase of the Property less arty portion disapproved by Buyer's lender. (NOTE: Examples of Buyer's expenses associated with the purchase of the Property include, but are not limited to, discount points, loan origination fees, appraisal fees, anomey's fees, inspection fees, and "pre-paids" (taxes, insumnee, owners' association dues, etc.)). (i) Payment or Confirmed Special Assessments: Seller shall pay all Confirmed Special Assessments, if any, provided that the amount thereof can be reasonably'determined or estimated: 0) Late Listing Penalties: All property tax late listing penalties, if any, shall be paid by Seller. (k) Owners' Association Disclosure and Addendum (Standard Form 2AIM): If applicable, Seller shall provide the completed Owners' Association Disclosure and Addendum (Standard Form 2Al2-T) to Buyer on or before the Effective Date, (1) Seller's Failure to Comply or Breach: If Seller fails to materially comply .with any of Seller's obligations under this Paragraph 6 or Seller materially breaches this Contract, and Buyer elects to terminate this Contract as a result. of such failure or breach, then the Earnest Money Deposit and the Due Diligence Fee shall be refunded to Buyer and Seller shall reimburse to Buyer the reasonable costs actually incurred by Buyer in connecdori with Buyer's Due Diligence without affecting any other remedies. 7. PRORATIONS AND ADJUSTMENTS.- Unless otherwise .provided, the following items shall be prorated ,through the date of Settlement and elther.adjusted between the parties or paid at Settlement: (a) Taxes on Real Property: Ad valorem taxes on real property shall be prorated on a calendar year basis; (b) Rents: Rents, ifany,.forthe Property; (c) Dues: Owners' association regular assessments: (dues) and other like charges. 8. 1NT'ENTIONALLY.OMIT EM 9 RISK OF LOSS: The risk of toss or damage by fire or other casualty prior to Closing shall be upon Seller. If the improvements on the Property are destroyed or materially damaged prior to Closing, Buyer may terminate this Contract'by written notice detiverod to Seller or Seller's agent and the Earnest Money Deposit and any Due Diligence Fee shall be refunded to Buyer. In the event Buyer does .NOT elect to terminate this Contract, Buyer shall be entitled to receive, in addition to the Property, any of.Seller's insurance proceeds payable on account of the damage or. destruction applicable to the Property being purchased. Seller isadvised not to- cancel existing insurance on the Property until after tonfimting recordation of the deed. 10, INTENTIONALLY OMITTED. 11. POSSESSION: Unless otherwise provided herein, possession shalt be delivered at Closing. No alterations, excavations, tree or vegetation removal or other such activities may be done before:possess€on is delivered. 12. OTHER PROVISIONS AND: CONDITIONS: CHECK ALL STANDARD 'ADDENDA THAT MAY BE A PART OF THIS CONTRACT, IF ANY, AND ATTACH HERETO. ITEMIZE ALL OTHER ADDENDA TO THIS CONTRACT, IF ANY, AND ATTACH HERETO. (NOTE: UNDER NORTH CAROLINA LAW, REAL -ESTATE BROKERS ARE NOT PERMITTED TO DRAFT CONDiTiONS'OR CONTINGENCIES TO THIS CONTRACT.) D Additional Provisions Addendum.(Form 2A1 I-T) OJAan Assumption Addendum (Forth 2A6-T)- D.Back-U0 Contract Addendum (Form 2A 1-T) 0 Owners' Association Disclosure And Addendum (Form 2Al2-T) 0 Contingent Sale Addendum (Form 2A2-T) 13 Seller Financing Addendum.(Form 2A5-T) 0 Short Sale Addenthim (Forin 2A14-T) ® OTHER: SEE ATTACHED- ADDENDUM A— P O l+ TT B— ADDITIONAL TERMS AND CONDIIIQNS. WHICH ADDENDA ARj? INCO"QRATED HEREIN BY REFERENCE M 117n 1702 " Im S DOCVMwr HAS BEEN MOMED rROM THE JOMMY-APPROVED STANDARD FORM—" Paso r, or 1 o Assocfmion Farm No. 12 O Revised 7/2007, i/2011 Printed by Agr=ncnt with the NC Bar Assoeiation This standard form has been approvedjoinfly by: North Carolina Nortb Camllaa Bar Association -- NC Bar Form No. 12 North Carolina Association of ReahmQ, inc. — Standard Form 12T 13. ASSIGNMENTS. This Contract may not be assigned without the written consent of all parties except In connection rvilii a tax- def erred exchange, but If assigned by agreement, then this Coatraot shall be binding on the assignee and assignee's hairs and successors. fa. TAX DEVERRED EXCHANGE: In the event Buyer or Seller desiros to affect a true-deferncd exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate In effecting such exchange; provided; however, that the exclowging party shall be responsible for all additionnl costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tex-deflsmd exchange, Buyer and Seller shdll'oxeaute such additional documents, Including assigoTent of this Contra On connection thermvltlr, at no cost to the non-exohanging-pshy, as shall be required to give'efibot to ids prevision. 1S: PARTIER This: Contract sholl''be binding upon and shall Inum to the barlefit of Buyer and Seller and their respective hairs, successors and assigns. As used herein, words in the singular include -the plural and the mascallne includes die ibminine and neuter genders, as appnoprfate. 16. SURVIVAL;: If any provision heroin contained which by its nature and efiaat Is.requfred to be observed, kept or performed'at3er the Closing, It shall survive the Closing and remain binding upon and for the benefit of the pttrtles herald until fully observed, kapt or perfornrad. 17. 13NTIR1; AGREEMENT: This Contract contains the enncc agreement of the parties and them am no representations, Induca,inents or other provlslons other than those expressed:herafn. All ahenges, additions or deletions hereto must be In writing and algned by aril parties. Notlring contained herein shall after any agreement between a REALTOR* or broker. and Seller or Buyer as contained In any listing agreement,, buyer agency agreement, or any other agerrcy agreement between them. 18. NOTICE: Any notice or communication to be given to wparlyy herein may be given to the p"—cyr to such party's agent. Any written notice or communication In connection with -the tiansaotion contemplated' -by this Contract may be given to a party ora_party's agent by sending or tmnsmltting� it to any mailing uddress,.e-moil address. or fax number .set forth In the' Notice lafhrmatibn" section below. Seiler and Buyer agree that the "Nodce Iefiormation" and'"Escrow Acknowledgment" sections below shall not constitute a inateriol part of this Contract, and flint the addition or modil%adon of'.any information therein alrall not constitute a rejootion of an offer or the creedon of counteroffer. 19, EXECUTION: This Contract may be signed. in multiple ariglWs or counterparts, all of which together constitute one and the same instrument, and the parties adopt as their seals die word "SEAL" beside their signatures below. 20. COMPUTATION OR DAYS: Uniass'othbrwise provided, Ibr purposes of this Contract; the term "days" shall mean -consecutive calendar days, Including. Saturdays, Sundays, and holidays, whether fbderal, state, local or religious. For lira purposes of calculating days, the count of "days" shall begin on the day thilowing the day. upon which arty act or notice as provided -in this Contract'was requiredlo be performed or made. THE NORTI4 CAROLINA ASSOCIATION OF REALTORSO INC. AND THE NORTH CAROLINA. BAIL ASSOCIATION MAKE NO REPRESENTATION AS TO THE*LE©AL VALIDITY OR ADEQUACY OF ANY PROVISION OF TH71S FORM IN ANY SPECIFIC TRAN5ACTiON, IF YOU DO. NOTVNDERSTANI) THIS FORM OR FEEL THAT IT DOHS; NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A .NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SION IT. This otlbrshnH become a binding contract on -the 13t ative ]into. Buyer PLT CONSTRUCTION COMPANY, INC. Data: W Z1111 Seller NASH MATERIALS, LLC By „n ,1, - (SEAL) By: L"LI (SEAL) l n. Namr-1- xis -M-E. sgc�_ Namet CA.%Oks Qj,,. ZX Title: _ I? it tz.C-p-,'� --- Title:_ MAC rau+77217av2 1—MUS 00CUMF.W HAS DUN M0130116 PROMYHa J01NTLY.APPRQVM STAN13ARD Fda1.t`►�• Pap 7 or to Association Dim Rm 12 O Rarind 7T4W, 1/2011 Thitatnnl PW furor has beoo sppravactlotntlyby: Nmlh Caraitna Prinled by Agmmal td1h MaNC Du Assoelctlon Narih CamlinaBar Assmiallon - NC Bar R m Na 12 Noah Carolina Auaatatlun arRwtiorse, Inc. - Slandud Fenn I NOTICE INFORMATION (NOTE, INSERT'TEE ADDRESS AND/OR ELECTRONIC DELIVERY ADDRESS EACH PARTY AND AGENT APPROVES FOR.THE RECEIPT OF ANY NOTICE CONTEMPLATED BY THIS CONTRACT. INSERT "N/A" FOR ANY WHICH ARE NOT APPROVED.) BUYER NOTICE ADDRESS: Mailing Address: SC 76 Buyer Fax#: Buyer E-rnail: SELLING AGENT NOTICE ADDRESS: SELLER NoTicC ADDRESS: Mailing Address: Seller Fax#: Seller$ -,nail: LISTING AGENT NOTICE ADDRESS: Firm Name: Firm Name: Acting as 0 Bayer's Agent 0 Seller's (sub)Agent 0 Dual Agent Acting as 0 Seller's Agent 0 Dual Agent Mailing Address: Mailing Address: Individual Selling Agent: 0 Acting as a Designated Dual Agent (check only if applicable) License M Selling Agent Phone#: Selling Agent Fax#:_ Selling Agent E-mail; Individual Listing Agent- 0 Acting as a Designated Dual Agent (check only if applicable) License #: Listing Agent Phone#:_ - Listing Agent Fax#• Listing Agent E-mail: ESCROW ACKNOWLEDGMENT OF INITIAL EARNEST MONEY'DEPOSIT Escrow Agent acknowledges receipt of the Initial Earnest Money Deposit and :agrees to hold and disburse the game in accordance with the ter -ins ++hereof. Date _ b ji �11 I-1 Firm: Connor Bunn Rogerso�Woodard, PLLCT �J -: A name) TIut17731700 *,"THIS DOCUMENT HAS BEEN MODrmED FROM TFIEJOINMY-APPROVED STANDARD FORM•••• Pegs a 4361U Association Farm No. 12 0 Reviscd 712007; 1/2011 This standard form has been apptovcd jointly by: North Carolina Mmed by Agrement with the NC M Assoolatlon North Carolina Bar Association — NC Bar Form No. J 2 Nokh Carolina. Association ofRcaltorsG, Ine. — Standard Farm 12T ADDENDUM A PROPERTY DESCRIPTION Edgecombe County NC PIN 3861-41-4572 Parcel 386141457200 BEING all of Tract B containing 38.46 acres, as shown on the .map .of "property of Joel M. Roseman and wife, Jean J. Bosemmn," by R. Lowell Harris,.RL.S; dated July 28, 2000, recorded in Plot Cabinet 6, Slide,88, Edgecombe County Registry. TRI I1777170v2 ""THIS DOCUMENT HAS SEEN MODIFIED FROM THE JOINTLY-APPROVM- STANDARD FORM••** PW9of10 Association Form No. 12 0 Rovised 7f2007, Il2011 Printed by Agretment with the NC Bar Assoaiollon This standard form has been approved jointly by: North Carolina Nmh Carolitm Bar. Association —NC Bar corm No. 12 North Carolina Association ofRcaltorstib Inc. —Standard Form 12T ADDENDUM B ADDITIOIXAL TERMS AND CONDITION This Addendum B is incorporated by reference into that certain Offer to Purchase and Contract --Vacant Lot/Land dated _ 2011 (the "Contract") by and between Nash Materials, LLC, as Seller, and PLT Construction Company, Inc., as Buyer. This Addend um B provides additional terms and conditions and modifications to the terms of the Contract Any conflict between the leans of -the Contract and terms of this Addendum -B shell be resolved in favor of the terms of this Addendum B. 1. Con` di�L to Closing. The items listed below must be completed to the reasonable satisfaction of the Buyer prior to the expiration of the Due Diligence, Period, and if they are not then the Buyer may cancel the Contract in the Buyer's sole discretion at any time prior -to the expiration of the Due Diligence Period by delivering written notice of cancellation to the Seller in accordance with the provisions of Section 2 of this Addendum B. The items to he completed to Buyer's reasonable satisfaction are as follows: (a) Buyer must be issued a ruining permit and any other approvals needed from the State of North Carolina and any other local, city or county agency that may be required in order to conduct mining activities on the Property after the Closing. (b) Buyer must be issued a permit for a land clearing and inert debris landfill'(as such term is defined In I SA NCAC 13B .0101, hereafter referred to -as a "LCID Landfill") and any other approvals needed from the State'ofNorth Carolina and any other local, city or county agency that may be required in order to operate a LCID Landfill on.the. Property afi:or. the Closing. (c) Buyer must be issued approval by the Rocky Mount Board of Adjustment for the Property to be used as -a LCID Landfill after the Closing. Buyer represents, warrants, covenants and agrees that at of times during the,Due Diligence Period it shall act in kood faith rind with A due diligence in order to obtain the permits and approvals and otherwise satisfy the -conditions set forth above in this Section 1 of Addendum-B. If the Closing does not occur for any reason, the Buyer shall promptly asdgn to the Seller any and all assignable permltr and approvals obtained by the Buyer with respect 7o the Property, ladading, without thnttadon, any And all of the perntla and approvals referenced above in &ctiotrs I (a), I (b) and 1(c) of this Addendum B. 2. tion Fee. Upon execution of the Contract, the Buyer shall pay: to: the Seller the°sum of Three Thousand and No/100 United States Dollars-(USD $3,000.00) as a non-refundable option fee (the -Option Fee"). In consideration of the Option Fee, Btiyershall have the right to terminate -the Contract, for any reason- or no reason, at any time prior to the expiration of the Due Diligence Period'at 5:00 p.m. on October 31, 2011, by delivering written notice of termination to the Seller, TIME BEING OF THE ESSENCE with regard to the delivery of said notice. If the Buyer delivers timely written notice of termination to the Seller in the manner described above, then the Contract shall become nul l and void, and the Earnest Money Deposit shall be returned to the Buyer. If the Contract is terminated by the Buyer for any reason, including, but not limited to, failure to complete any of the conditions to closing described above, the Option Fee shall be non- refundable and shall be retained by the Seller. If the Closing occurs on or beforethe Settlement Date, then the Option Fee shall be credited against the Purchase Price. 3. "A5 IS" Sale. Buyer expressly acknowledges and agrees that Buyer is purchasing the Property on an "AS IS" basis, including but not limited to the surface and subsurface conditions: of the Property. From and after. the Closing, Seller shall have no prior or future responsibility for the condition of or any wdsting defects. on the Property; whether known or unknown, disclosed, undisclosed; latent or patent, suspected or unsuspected, nor shall the Seller have any responsibility for the compliance or non-compliance of the Property with applicable laws, rules and regulations. Seller hereby disclaims'any'and all warranties with respect to the Property, including but not limited to warranties as to merchantability or suitability for any purpose. 4. Buyer Remedies for Seller Default. In -the event the Seller defaults in the performance of this Contract, then the Buyer shall -be entitled to the following remedies as the Buyer's sole and exclusive -remedies at law or in equity: (a) tm#nate the Contract and receive a refund of the Earnest Money Deposit and the Option Fee, or such portion thereof as ibe Buyer may be entitled to receive in accordance with the terms and conditions of the Contract as, modified by this Addendum B; or (b) pursue the equitable remedy ,of specific performance of this Contract with a court ofcompetettt jurisdiction. 5. Tim is of the Essence. TIME IS OF 11-IE ESSENCE with respect -to the performance of each and every provision of the Contract. TRIr1771170V2 •`*THIS DOCUMENT HAS BEEN MODMM FROM THE JOINTLY -APPROVED STANDARD FO Mr*rs Page t o or to Assoulatton Form No. 12 O itevised 7/2007, 1 /2011 This standard form hay been approvad jowly by; North CaroFins Printed by Ag=meat with the NC Bar Association North Caroline Bar Association — NC Bar Foiin .No. 12 North Carolina Association ofReattoraO, Inc. —Standard Form'I2T Jones, Jennifer From: Jones, Jennifer Sent: Thursday, November 10, 2011 9:35 AM To: Chris McKeel Cc: Jones, Jennifer; Witherspoon, Lauren; Bennett, Bradley; Mcpherson, Fran Subject: NCG020573 Renewal. Form. doc Attachments: NCG020573—Renewal Form.doc Hi Chris, I have attached the renewal form for NCG020573 -- Clark-Langely, Inc. A representative from their company will need to sign the form — the signatory requirements are as follows: 1) Signatory Requirements (per 40 CFR 122.22) All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this General Permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. The owner address we have on file is P.O. Box 8286 Rocky Mount, NC 27804 - for billing. is that correct? The bill will be $640 (3 years 2005-2007 @ $80, and 4 years 2008-2001@ $100). After Clark-Langely, Inc. fills this out, you can include the owner transfer of ownership form and a letter detailing the outcome of our our meeting with Lauren Witherspoon and send the renewal form, ownership name change form, updated plans we discussed and letter to: Mr. Bradley Bennett NCDENR j DWQ I Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Once the bill has been paid we will give you a new permit number but relate it in our system to the old permit number. The reason we will have to do this, is because of a glitch in our database. Otherwise your next bill would be for 2006 — and we want your bill to reflect the current year. If you have any further questions regarding this, please let me know. Thank you, Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer.jones@ncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties unless the content is exempt by statute or other regulations.** Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D, Acting Director Division of Water Quality August 24, 2001 Mr. Della C. Edwards PO Box 8286 Rocky Mount, NC 27804 Subject: General Permit No. NCG020000 Clark -Langley, Inc., Clark Pit #2 COC NCG020573 Edgecombe County Dear Mr. Edwards: In accordance with your application for discharge permit received on June 14, 2001, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or pert -nits required by the Division of Land Resources, Coastal Area Management Act.or any other Federal or Local governmental permit that may be required. If you have any questions conceming this permit, please contact Mack Wiggins at telephone number 919/733- 5083 ext. 542. cc: Raleigh Regional Office Central Files Stormwater and General Permits Unit Files Sincerely, Gregory J. Thorpe, Ph.D O Customer Service 1 800 623-7748 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020573 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Clark -Langley, Inc. is hereby authorized to discharge stormwater and mine dewatering from a facility located at Clark Pit #2 on Hwy 97 northeast of Rocky Mount Edgecombe County to receiving waters designated as Compass Creek, class C waters, in the Tar -Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective August 24, 2001 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 24, 2001 Gregory J. Thorpe, Ph.D, Acting Director Division of Water Quality By Authority of the Environmental Management Commission V- 'wiLiA I (�4) 140p t"557.) fj Aj C I 14M W "17 -S 1,� �Op A W. C T,ailewj Park 126, lw r I Brick )7 BrA I 4 r C Rio 0 4-2 P-1` I V C, 7, tsm 71, 97 Pilot JA y air �`i�sehargeiteNCA20,573 Q9 MUNICIPAL A Fr 1249 CD 1241 On 71cl 'it )J-6 7 C� fI E�l ZIA Falls v 251 5evia, 14 Be spmt A All Q - J. -I 4�,7 00 91 w M 4x Copyright (C) 1997, Maptech, Inc. Markers Name: Discharge Site-NCG020573 Short Name: Dschrg Coordinates: 0350 58' 24.1" N, 0770 46' 05.5" W Comment: Clark -Langley, Clark Pit #2, Subbasin-030302, Tar -Pamlico River Basin, Edgecombe County, Compass Creek, Class-C NSW, Quad D27NE SKIMMER SEDIMENT BASIN SCHEDULE WY. 9 7 WEST SKIMMER WEIR PROP BAFFLE PLACEMENT SKIMMER ORIFICE �' NORTH CAROLINA H BASIN LENGTH WIDTH DEPTH LENGTH SIDE SLOPE MEASURED FROM INFLOW END SIZE SIZE NO. (FT) (FT) (FT) (FT) (FT/FT) BAFFLE 1 BAFFLE 2 BAFFLE 3 (IN) (IN) A 96 48 2 40 2 34 58 82 1.5 1.375 B 68 34 2 26 2 24 41 58 1.5 1 . CHANNEL DESIGN - BARE EARTH / 10-YR DESIGN STORM / APPROXIMATE LOCATION IEX. 12' RCP E. M. C. IDEED BOOK 909 PAGE 225 II I II I 20' W X 100' L CONSTRUCTION ENTRANCE EXISTING PATH REQUIRED DITCH BOTTOM SIDE PERM LINER TEMP LINER TOP TEMP LINER RIGHT -OF WAY NOT SURVEM, PLOTp . I 'IF LOCATION FLOW SLOPE WIDTH SLOPE REQUIRED REQ'D WIDTH TYPE FOR ILLUSLRATIVE PURPOSES. Q S b z ft TD#1 5.43 0.005 2 3 NO YES 8.48 JUTE NET / CHANNEL DESIGN - FULLY VEGETATED ' 10-YR DESIGN STORM REQUIRED DITCH BOTTOM SIDE FREE TOP PERM LINER LOCATION FLOW SLOPE WIDTH SLOPE BOARD WIDTH REQUIRED Q S _b z TD#1 5.43 0.005 2 3 0.5 9.68 NO / RIPRAP OUTLET PROTECTION '�" i / EDGECOMBE COUNTY APRON APRON STONE DEED BOOK 1301 PAGE 895 LOCATION LENGTH WIDTH CLASS DEPTH FT FT STONE IN ' 1.5" SKIMMER 1.33 1.00 A 18.00 ' \Q m' U � O CL JOEL M. BOSEMAN Qo DEED BOOK 1271 PAGE 001 PLAT CAB. 6 SLIDE 88 Afuc O NOT pISoBV�£ AAA MODIFlCATIOIN AREA 1 TO ' PRELIMINARY WETLANDS �1 • • DO- N01 DISTUi ��� 1 / PORT CLEAN FlLL MATERI ��1� � 40V ACRES 1( 0.2'Ac Z r, WREA APPROXIMATE `f C I , l ( LOCATION OF 1 ✓� � � _ _ •, . 1 r .; '. EXISTING �--- , \ j ?A�.1 i / r + HAUL ROAD ti: ' ,._ >tm 2012 TO DEC 2Q14 ' air - ao i�i l �� o �_ '{� PFIPOSED " - NIM A PREVIOUSLY ISTURBED TO F AKt SQF MI .; ' CONTAINED �' •''', ��` F > AkEA NOT bIVERTED T A yy ! _ �\ ✓" ,. p BASIN I ;SELF CONTAINED j 00 TO PREVENT OfFISTE t` I SEDIMENTATION. Ax' yV _ FlCATION AREA Z TO ` l �,` MA TERI FlLL AL P- � CL20 EAN ORES r , r t I TEMPORARY o ] �V DIVERSION 11 V BASIN B 70 SILT FENCE � ,. _�L_ . - '� r EXISTING, QEFRES310N TO OUTLET - OUT L EC110N BE "CT JLIZED AS -SKIMMER. . - i 4y SEDIMENT BASIN A. (SEE SCHEDULE) }„ - - (SURFACE AREA AND iF PREP IMIgARY WETLANDS - VOLUME EXCEED REQUIRED) DO NOT DISTURB �P PM�p\S,�j�el 50 l o Noy CENTER OF CREEK IS PROPERLY LINE CREEKK SUBJECT 1D TAR-PAMLICO RIPARIAN BUFFER, SEE NOLE 16. CHARLES W. DICKENS, JR. / DEED BOOK 1242 PAGE 869 SLIDE PLAT CAB. 4 SLIDE 41-A b 30' ACCESS EASEMENT I I � II I II I II I II I I II I II I II II � EXISTING PATH I I JOEL M. BOSEMAN ' DEED BOOK 1271 PAGE 001 / PLAT CAB. 6 SLIDE 88 / r /EXISTING ACCESS / m (TO BE MAINTAINED) j WATER AS REQUIRED FOR DUST CONTROL 015- (1.54 ACRES) _EASEMENT �CCESS EXISTING PATH APPROXIMATE LOCATION EX. IS' RCP EXISTING GATE 100' JOEL M. BOSEMAN DEED BOOK 1271 PAGE 001 PLAT CAB. 6 SLIDE 88 GRAPHIC SCALE 50, 100' 200' ( IN FEET ) 1 inch = 100 ft. {00' Z i J BUFFER VARIES 50' MIN. � Q i m G UNEXCAVATED OR UNDISTURBED PIT EXCAVATION DETAIL NOT TO SCALE 10' MIN. MINE SIDE TOP WIDTH I OUTSIDE SLOPE TO INTERIOR c� III I!I III = Z l l l l► III III �I -_III I I! III =1 I i�-1 I h = r-5-T -,LIT I! II1a-III III ,1ILziTIi=„�_ _ SECTION THRU BERM LESS THAN 30' IN HEIGHT NOT TO SCALE aw FR- NOV 1 ?,ril DENR _ WATER QUALIT` WETLANDS AND STORkMATER BRANCI LEGEND O EXISTING IRON PIPE • COMPUTED POINT Q EXISTING TELEPHONE PEDESTAL EXISTING FIRE HYDRANT �7 EXISTING POWER POLE c EXISTING GUY WIRE —■—■— PROPOSED SILT FENCE — PROPOSED TEMPORARY DIVERSION FILT CONSTRUCTION COMPANY, INC. 5676 THOMPSON CHAPEL CHURCH ROAD TELE: (252) 243-4462 MINE MAP COMPASS CREEK PIT - ROCKY MOUNT, NORTH CAROLINA DATE: OCT 2011 PROJECT: COMPASS CREEK CLIENT CODE: FIELD E: 11001SP1 FIELD BOOK: SURVEY BY: CM CITY OF ROCKY MOUNT EDGECOMBE COUNTY SCALE(HORZ): ,"=,00' SCALE(VERT): N/A NORTH CAROLINA ZONE: I-2 WILSON, N.C. 27896 FAX: (252) 243-5284 Contractors License No. 29958 InfoOpltconstruction.com — REVISIONS: PIN # 3861-41-4572 SHEET SP3