HomeMy WebLinkAboutSW1131101_HISTORICAL FILE_20140321STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW.A`( (9!
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
YYYYMMDD
0 i
Stormwateff- Mnnagement
Man
For
Empke DistributoTs of
North Caroflna, Inc.
Henderson County, NC
November 2013
FNR�- WA UALI7Y
Prepared By:
WILLIAM G. LAPSLEY
& ASSOCIATES, P.A.
CONSULTING ENGINE"LEIS
NC License C-0556
214 N. King Street
Hendersonville, NC 28792 .:L..
MAR 2 1 2014
t. :-lallty Section
DWQ USE ONLY
Date Received Fee Paid Permit Nurnber
/--1,5 ZB!-3 S0 S 3 IZO
Applicable Rules: ❑ Coastal SW - '1.995 ❑ Coastal SW - 2008 ❑ Ph Il - Post Construction
(select all that npply) ❑ Nan -Coastal SW- HQW/ORW Waters EI Universal Stormwater Management Plan
❑ Other WQ Mgnit Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
Dais form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name -- should be consistent with project name on plans,
specifications, letters, operation and maintenance agreement`s, etc.):
Empire Distributors of North Carolina, Inc._
2, Location of Project (street address):
Broadoointe Drive
City: Mills River County: Henderson Zip: 28759
3. Directions to project (from nearest major intersection):
From I-26, exit 40, head west on Old Fanning Bridge Road (SR 1419), cross the French Broad River and take
the first left. The property is on the right.
4. Latitude:350 2S' 32" N Longitude:82° 33' 18" W of the main entrance to the project.
U. PERMIT INFORMATION:
1. a. Specify whether project is (check one): ®New ❑Modification
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 eertificatiorr
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 returner{ application or a letter froth DWQ
requesting a state stormwater management permit application, list the stormwaler 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'I-877-623-6748):
❑LAMA Major ®Sedimentation/Erosion Control: 22 ac of DisUirbcd Area
❑NPD1iS IndUSt'ral Stornlwatel' ❑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:
form SWU-l01 VCI'si011 d7JUa2010
MAR 2 1 2014
Pagc I ol'6
iaay Section
�v LzJ
Ill. CONTACT INFORMATION
I.a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the 12rojcct):
Applicant/Organizatiori:Empire Distributors of North Carolina, Inc. -
Signing Official &'Title: AIchael A. Kalin, VP / COO
[).Contact information for person listed in item 1a above:
Sheet Address: '13833 Carowinds Bl
City: Charlotte
Mailing Address (if applicable):
City:
Phone: L704 588-9463
Email:
Statc: NC Zip: 28723
State:
Fax:
Gip:
c. Please check the appropriate box.'fhe 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 anti complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2[) below.)
2, a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is tite
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official & Title:
b.Contact information for person listed in item 2a above:
Street Address:
City:
Mailing Address (if applicable):
City: _ --
Phone: ( 1
Email:
State: Zip:
State:
Fax:
Zip:
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:WilliaEn G. Lapsley, PE, William G. Lapsley and Associates
Signing Official & Title: William G. l..apsley, President
b.Contact information for person listed in item 3a above:
Mailing Address:214 N. King Street
City: Hendersonville State: NC Zip: 28792
Phone: (-828 ) 687-71.77 Fax: { )
Email: wlapsley@w2la.com
4. Local juriscliction for building permits; 1-fenderson Cocntity
Point of Contact: Tom Staufer Phone #:.(828 )-697-4830
Dorm SWIJ-101 Version 07Jml2010 Page 2 of
0 0
IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater r•cnioff will be treated.
Stormwater from the the promsed buildin and varkinv areas will be directed to two proposed bioretention
2. a, If claiming vested rights, identify the supporting docEunents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance Suitt:
❑ Coastal SW -'1995 ❑ Ph It -- Post Construction
3. Stormwater runoff from this project drains to the French Broad Diver basin.
4. Total Property Arca: 25.0 acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
urea+:25.0 acres
Total project area shall be calculated to exclude thefollowing: the normal pool of impounded struclums, the area
between the batiks of streams aid rivers, the area below lire Normal High Water (NHW) line or Mean High Wetter
(MI M) line, and coastal zvetlands landruard from the NF W (or Mf" Iine. The resil tnnt project rtren is used to
cnleralate over-all percent built rtlJoti area (B UA). Nrni-coastal rt>etlattds larrriruat•d of flu; NNW (or Mf fW) line mrtry
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 42.2
9. Flow many drainage areas does the project have?2 (For high density, count 1 for each proposed engineered
stornazuater BMP. For low density and olfrer 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 area,,; in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Bashi Information
Drains e Area A
Drains c Area B
Draina .,e Area
Drains e Area
Receiving Steam Name
French Broad Rv
McDowell Creel<
Stream Class *
R
C
Steam Index Number *
6-(54.5)
6-58
Total Drainage Area (so
393,470
515,780
On -site Drainage Area (so
393,470
494,056
Off -site Drainage Area (so
0
21,724
Pro osed Im ervious Area** sf
241,224
270,429
tm 7ervious Area** toEai)
61.3
52.4
Impervious- Surface Area
Drainage Area "I
Drainage Area 2
Drainage Area _
Drainage Area _
On -site Buildings/Lots (so
19,872
257,1.92
On -site Sheets (sf)
0
On -site Parking (sf)
2-16,13'1
13,237
On -site Sidewalks (so
5,22"1.
0
Other on -site (so
0
0
Ftiture (so
0 (inc. in design)
0 (inc, in design)
Off -site (so
0
0
I xisting BUA*** (st)
0
0
Total (sf):
241,224
270,429
Stream Class and Index Number can be delerrtaitaed (it: liit17.Z/jta-tal.)mlertr.tions
{ lurppervious area is defined as the built upon area including, but nol limited to, buildings, roads, parking areas,
sulezoalks, gnwel areas, etc.
*** Report only that amount of existing BLIA Mal will remain after development. Do not report any exisling BUA that
is to be reproved Mutt Which 70ill be replaced by nero BUA.
Form SWU-101 Version 07AM2010 Page 3 of 6
11. How was [lie off -site impervioLts area listed above determined? Provide documentation. N/A
I't'olects ill Union County: Confacl DPYQ Centred Officestaffto check ij'llte project is localed 3t,ithin a Threalened &
Endangered Species u,atershed drat nary be su4 ecl 10 M01'L' .StlT17 L'171 St01'171N'alel' 1'Cf/llfYL'1112111,1' a per AIC4C 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 13M.P specified for this project. The latest versions of the forms can be downloaded
from hLt}7://pa'tal.ncC{ellt'.ol' �Veb w� /ws/SLl/t)nlp-[Ilanllal.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items Iisted below. A detailed application instruction sheet and BMP
checklists are available from http:////portal.ncdenr.org/web/r�'q/�vs/su/states�v/forms does. The complete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at hit �: portal.ncdenr.otg/web/�vq/tivs/su/ma�)s.)
Please indicate that the following required information have been provided by initialing in Elie 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 htl 7: ortal.ncilenr.org/such/wq/ws/su/statesw/forms _docs.
Ini
T. Urigirtat and one copy of the Stormwater Management Permit Application Form.
2. Originnt and one copy of the signed and notarized Deed Restrictions & Protective Covenants �—NIA
Form. {if required as per Part VI1 belo7))
3. Originai of the applicable Supplement Forni(s) (seated, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
littp://www.envlielp.org/^p,id(2s/onestopexpress.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/managementfor
the project. This is required in addition to the brief summary provides{ in the Project
Information, item 1.
G. A USGS map identifying the site location. If the receiving stream is reported as class SA or Elie
receiving stream drains to class SA waters within'/x mile of Elie site boundary, include the'/z
Mile radius on the map.
7. Sealed, signed and elated calculations.
8. Two sets of plans folded to 8.5" x 14" (seated, signed, & dated), including:
a. Developinent/Project name.
17. Fngineer 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 ail surface waters on the plans by delineating the normal pool elevation of
iupounded structures, the banks of streams and rivers, the MI-IW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
Delineate the vegetated huffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MI-IW (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, finishes[ floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
Fn. Wetlands delineated, or a note on Elie 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.
rt. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calcUlations.
o. Drainage areas delineated (included in the main set of plains, not as a separate document).
p. Vegetated buffers (where required).
W&'-
sir
Donn SWIJ-101 Version 07Jtm2010 Page 4 of 6
0
O
9. Copy of any applicable soils report witli lire associates[ S1-IWT 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"x11" copy of the NRCS County Soils map with the
project arca clearly dclilicit Led. 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: Sclr(rlatle ra site visit for DWQ to verify Ilse SI-1W I' prior
to srrbarrittral, (910) 796-7378.) _.
10. A copy of Cite most current property deed. Deed book: 1553 Page No: 234
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 Ia, 2a, and/or 3a per NCAC 2H.1003(e). The
corporation or LLC must he Iisted as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http: //www.secretary.sfate.nc.rrs Corpora tions/CSearch.aspx
VII. 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
BIJA allocations vary, a table listing each iol number, lot size, and the allowable built -upon area must be provides{
as an attachment to the completed and notarize(.[ deed restriction form. The appropriate deed restrictions and
protective covenants forms cart be downloaded from
http://portal.ncdene.org/webl_[4'R/tvs/su/statestiv/forms does. Download the Iatest 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 DWQ and that they will be recorded prior to the sale of any lot.
VIII. 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 fiats) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer: William G.LaOsley, PE
Consulting Firm: William G. Lapsley & Associates, P.A.
Mailing Address: 214 N. King Street _
City: Hendersonville State: NC Zip: 28792
Phone: (828 i 687-7177
Entail: Ma sle +w la.coni
Fax: (828 ) 687-7178
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 lrns beers filled out, complete this
Section)
1, (print or type aware of person listed tar Contact Information, hear 2ra) , certify that I
own the property identified in this permit application, and thus give permission to (print of, type name of persona
listed in Contact Information, itetrr Ia) with (print oar type unrne of organization listed in
Contact luforruntiou, itetrr In) 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-l01 Version 07Ju112010 Paac 5 of 6
0 !
As the legal property owner I acknowledge, Understand, and agree by Illy signature below, that if Illy designated
agent (entity listed in Contact Information, item 'l) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwiter permit reveris back to
me, the property owner. As the property owner, it is Illy responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days; otherwise I will be operating a storinwater treatment
facility without a valid permit. I 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 $25,000 per day, pursuant to NCGS 143-215.6.
Signature:
I,
a Notary Public for the State of
do hereby certify that
Date:
County of
personally appeared
before me this ` day of , and acknowledge the due execution of the application for
a storniwater permit. Witness my hancl and official seal,
SEAL
My commission expi
X. APPLICANT'S CERTIFICATION
I, (print or type naive of person listed in Contact Inforrrrrrfion, iterrr ]a) Michael A. Kahn
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, an([ that the proposed project complies with the requirements of the
applicable storniwater rules under 15A NCAC 2I-1 .1000, SL 2006-246 (Ph. Ii — Post Construction) or SL 2008-211..
Signature: Date: // • // • /�
�M a Notary Public for the State of � �Q9/�Cour,ty of
clo,hjereby certify that ff f lb4 1 jfi LLAA.6 _ ersonaIly appeared
11Er� before me this It day of s° , X013, and ack 11wledge tI�"lc ue exec lon of tl} pplication for
a stormwater permit. Witness my haunt{ and official seal,
M HL I
-,
4N. .�OTa9�'.S�N
+'•1y Comm. EKpirz$
m Decemi�er20, 2074
'��• AUBLIG -L' .
'�. URG GO �,•
;1"TIiI
My commission expires ! 0?—
Form S W U-10 [ Version 07,1u12010 I'age 6 of 6
0 •
William G. Lapsley & Associates, P.A.
Consulting Civil Engineers and Land Planners
William G. Lapsley, P.E.
William R. Buie, P.E.
G. Thomas Jones III, P.E.
November 12, 2013
Mr. Mike Randall, P.E.
NC Division of Water Quality
NCDENR
512 N. Salisbury Street
Archdale Building — 9" Floor
Raleigh, NC 27604
RE: Empire Distributors of North Carolina — Mills River, NC
Post Construction Stormwater Permitting
WGL4 #1 1 192
Dear Mr. Randall:
Enclosed please find two (2) copies of the storm water plans and one copy of the
storm water calculations and supporting documents for the Empire Distributing project
in Mills River.
If you have any questions or need additional information, please feel free to contact
our office.
Sincere) ,
WIL M LAPSLEY A�
William G. Lapsley, P.E.
ATES, P.A.
i��a�i6•�LiY �i%�w+
MAR 2 1 2014
land Quality Sectic)n
Asheville
214 N. King Street Hendersonville, NC 28792 Phone (828) 687-7177 wgla.com
0 .0
Empire Distributors of North Carolina, Inc.
Stormwater Management Plan
Narrative
Project Description:
Empire Distributors of North Carolina, Inc. intends to construct a warehouse facility in
Henderson County, NC. The project will include a new building, parking areas, and an
access drive.
Site Location:
The site is located near the intersection of Old Fanning Bridge Road (SR 1419) and
Broadpointe Drive (SR 1690).
Site Description:
Currently, the site is vacant. The site is predominately meadow with some wooded
areas and generally slopes to the west toward a drainage ditch to the south and
Broadpointe Drive to the east
Stormwater Management
The developed site will be 42.2% impervious, and includes the proposed parking areas
and building. The stormwater from these impervious areas will be divided between two
proposed bioretention areas to meet NC stormwater requirements. The driveway
entrance is primarily within the NCDOT right of way and cannot be directed toward
the Bio Retention area due to topography. However, the drive drains to a new grassed
line ditch that will be constructed with NCDOT improvements currently in planning for
Broadpointe Drive. The impervious area for the untreated portion of the entrance is
less area that impervious area which currently exists on the site.
MAR 2 1 2014
;quality Section
Asheville
This document presented and filed:
11 M4/2013 03:45:26 PM
f'
NEDRA W. MOLES, Henderson COUNTY, NC
Transfer Tax: $4,000.00
Excise Tax $4,000.00 Parcel Identifier No, part of 1014792
Mail after recording to: Robinson Bradsh4w & Hinson, PA
101 N. 'Tryon St., Suite 1900, Charlotte, NC 28246
This instrument was prepared by Gregory D, I-lutchins of Robeils tic Stevens, VA., a licensed North
Carolina attorney, Delinquent taxes, if any, to be paid by the Closing attorney to the county tax
collector upon disbursement of closing roeeeds,
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEL,D made this ?9t- day of October, 2013, by and between
Map-ie-Jeanne Elizabeth Cadgene, unmarried
Address: P.O. Box 10
Redvale, CO 81431
AND
Nareisse Suzanne Cadl ene, unmarried
160 L, 89"' Street, Apartment I -A
Now York, NY 10 128-23 06
Empi}•e Distributors of North Carolina, Inc.,
a Georgia corporation
Address: c/o McLane Company, Inc,
4747 McLane Parkway
Temple, TX 76503
The designation Grantor and Grantee as ustd herein shall include said parties, their 11Ci1'S, successors, find
assigns, and S11411 include singular, p1Ln•t11, rriascLlline, fclilinine or neuter its required by context.
WITNESSETI-1, that the Grantor, fora valuable consideration paid by the Grantee, the receipt ofwhich is
hereby acknowledged, has and by tl.iese presents does grant, bargain, sell and convey unto 1.Iie Grantee in
fee simple, all that cerfain lot or parcel of land Situated in 1-lenders011 COLlnty, N01'111 Carolina and mare
particularly described as follows:
See Exhibit A attached hereto and incorporated herein by this reference.
Rcu 1144881-1
MAR 2 1 2014
-t1.lality Section
As1:raMlle
® � eooK 1553
Page 235
The property hereinabove described is a portion of the property acquired by Grantor by instrument recorded in
Book 910 at Page 713, Henderson County Registry.
A reap showing; the above described property is recorded in Plat Slide 9095, Henderson County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and aH privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the. Grantee, that Grantor has clone nothing to impair such title as Grantor
received, acid Grantor will warrant and defend the title against the lawful claims of al l persons claiming by, under
or through Grantor, except for the exceptions hereinafter stated. 'title to the property hercinabove described is
subject to the following. exceptions:
I . Ad valorem taxes subsequent for 2013 and subsequent years.
2. Rights of way of record to Duke Power Company recorded in Book 268 at Page 184 and Boole 926
at Page 381, Henderson County Registry.
3, Subdivision Plat for Empire Distributors of North Carolina, Inc. dated October 30, 2013 and
recorded in flat Slide 9095 of the Henderson County Registry.
d. Together with and subject to the benefits and burdens of that certain Drainage Easement
Agreement entered into by the Grantors and Grantee herein and recorder! contemporaneously
Therewith in the Henderson County Registry.
All'or part of the property herein conveyed _ includes or X does not include the primary residence of a.
Grantor.
IN WITNESS WTI.EREOP', the Grantors have hereunto set their hands and seals, the day and year first above
written. '
SEPARATE SIGNATURE PAGE'S ATTACHED
R&S 1144883-1
® Page 236
The property hereinabove described is a portion of the property acquired by Grantor by instrument recorded in
Book 910 at Page 713, Henderson County Rogistty.
A map showing the above described property is recorded in Plat Slide , Henderson County Registry.
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 Grantce, that Grantor has done nothing to impair such title as Genitor
received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under
or through Grantor, except for the exceptions hereinafter stated, 'Title to the property hereinabove described is
subject to the following exceptions;
I . Ad valorem taxes subsequent for 2013 and subsequent years.
2. nights of way of record to Duke Power Company recorded in Book 268 at Pagc 184 Ond Book 926
at Page 381, Henderson County Registry.
;. Subdivision Plat for Empire Distributors of North Carolina, Inc. dated October 30, 2013 and
recorded in flat: Slide 9095 of the I-Tenderson County Registry.
d, Together with and subject to the benefits and burdens of that certain Drainage Easornetit
Agreement entered into by the Grantors and Grantee herein and recorded contemporaneously
herewilh in the Henderson County tZegistty.
All or part of the property herein conveyed _ includes or X does not include the printary residence of a
Grantor.
IN WITNI33SS WHEREOF, the Grantors have hereunto set their bands and seals, the day and year first above
written.
S1;PARATE" 1' SIGNATURE PAGES A M'ACHED
R&S i 14083-1
Page 237,
SAL)
rie-,IeanFte l.slir lh Cadgene
STATE OF COLORADO
COUNTY OF
I, a Notary Public of the County and State aforesaid, certify that Marie -Jeanne Elizabeth Cadgene,
Grantor, personally apperlred before me this day and aaknowlc cdgecl the exeatition of the faregoing instrument,
Witness nay Band and official stamp or sea[, this-�Illday orOctobcr, 2013,
My conunission expires;
(Affix Notary Stamp or Sea])
R&cS I Ioll893-1
Notary Public
QONA K LONG
....NOTARYPTj Lit. ""_
STATE OF COLORADO
NOTARY ID 20114068562
WCOMMISSION EXPIRES 11.23.2m
Book 1553
Page 238
Nfin,Nsc Summic Cadgeaic
� STA'-
i VE OFNEW YORK
COUNTY OF
1, 'Nolltuy Public. ofih'?
T
purswilfly appwedl bf ;i jf�djip"
I flv�- n of ow 114)i-�Ifyohlg W iiiiess aTlv
hand rind official sGimp or seal, this '9whday of 0(�'tober, 201.3.
-No(wry Publ']Q
My C0111mission expin?'S:
RkS i HcMv,7-1
EVIS ZAVALI NA -FRANKS -
Notary Public - State of Now York
No. 0IZA6278651
cluallfled in New York County
My carnrj)jo;sIan Spires Mar. 29,2017
W
Book 1553
Page 239
RNHIRNT A
Being all that tract or parcel of land located in the Town of Mills River•, Mills River Township,
Henderson County, North Carolina and being more particularly described as follows;
BEIGMNING at a monument set, said monument heing located N 61-40-07 W 3,117.53 feet from NCGS
Monument "Boyleston" having grid coordinates of N=625718.08 feet and E-942955.34 feet (NAD
83/86); thence, N 07-25-33 E 34.80 feet to a monument set in the eastern margin of the right of way of
Butler farm Road (private 16 foot existing right-of-way); thence, with and along the eastern margin of
the right of way of'Butler Farm Road the following ten (10) courses and distances; (1) N 58-36-31 E
269.73 feet to a monument set; (2) N 47-39-29 E 44.47 feet to a monument set; (3) N 27-37-28 E 50.14
feet to a monument set; (4.) N 19-22-05 E 737.18 feet to a monument set; (5) N 14-41-02 E 2C8.79 feet
to a monument set; (6) N 08-09-43 E 81,47 feet to a monument set; (7) N 01-34-47 W 95.29 feet to a
monument set; (8) N 12-13-00 W 94.74 feet to a monument set; (9) N 22-38-36 W 97.24 feet to a
monument set; and (10) N 25-22-37 W 85.32 feet to a monument se( in the southern margin of the right-
of-way of Old Farming Bridge Road (S.R. 1419/A.K.A. Fanning Bridge Road) (60 foot public right-
of-way); said monument set being located S 40-07-24 E 31.43 feet from an existing spike found in the
center line of Old banning Bridge Road; thence, with and along the southern margin of the right -of way
of Old Fanning Bridge Road, the following two (2) courses and distances: (1) with an are of a circular
curve to the left having a radius of 671.11 feet, an. arc distance of 170.02 feet and a chord bearing and
distance of N 59-3'3-29 E 1'69.56 feet fo a moriuinent set; and (2y with an arc of a circular curve to the
left having a radius of 2,221.26 feet, an arc distance of 121.58 feet and a chord bearing and distance of N
50-43-56 E 121.56 feet to a monument set at the. intersection of the southern margin of the right-of-way
of Old Faiming Bridge Road and the western margin of the right-of-way of Broadpointe Drive (S.R,
1690) (60 foot public right-of-way), ,Said monument set being located S 06-40-12 W 44.79 feet from an
existing spike found in the center line of Old .fanning Bridge Road; thence, with and along the western
margin of the right-of-way of Broadpointe Drive, the following five (5) courses and distances: (1) S 35-
23-38 E 59.99 feet to a monument set; (2) S 33-59-11. E 161.68 feet to a monument set; (3) S 36-57-43 L
391.29 feet to a monument set; (4) with the arc of a circular curve to the right having a radius of
3,532.07 feet, an arc. distance of 213.66 feet and a chord bearing and distance of S 35-13-41 E, 213.63
feet to a nionurnent set; and (5) S 33-29-39 1_; 51.60 feet to a monument set; thence, leaving the margin
of the right-of-way of Broadpointe Drive, a new line the following two (2) courses and distances: (1) S
19-16-33 W 887.41 feet to a monument set; and (2) S 37-49-16 W 436.16 feet to a monumentset in the
boundary line of the property of the State of North Carolina, now or formerly, as described in Deed Book
614 Page 387 in the Henderson County Public Registry (hereinafter the "Registry") thence, Willi and
along the boundary line. of the property of the State of North Carolina N 82-34-47 W 143.48 feet to an
existing concrete monument control corner, a corner of (lie property of James K. 13a11, now or formerly,
as described in Deed Boob 1387, Page 472 in the Registry; thence;, with and along the boundary line of
the property of James K. Ball, the following two (2) courses and distances: (1) N 82-36-47 W 383.15
feet to an existing capped rebar; and (2) N 82-34-27 W 189.71 Pect to a monument set, the point and
place of BE.G1KNING, containing 25.000 acres more or less as shown on a Subdivision Plat for Empire
Distributors of North Carolina, Inc. by .Hill and Associates Surveyors, P.A. dated October 30, 2013
(Drawing No. 2013030) and recorded in Plat Slide 9095 of the Registry (hereinafter the "Plat"),
R&S 1144882-1
eoo. 155 �•.e zwryi)
794009 11
This document presented and filed:
11/04/2013 03:45:27 PM
NEORA W. MOLES, Henderson COUNTY, NC
T ansfer'rax: $o.00
Prepared by and Return To: Jane S. Ratteree, Esq., Robinson Bradshaw & Hinson, PA
101 N. Tryon St., Suite 1900, Charlotte, NC`28246
STATE OF NORTH CAROLINA
DRAINAGE EASEMENT
AGREEMENT
COUNTY OF HENDERSON
III . DRAINAGE EASEMENT _AGR]EEMIENT (the "Agreement") .is...made and
entered into as of the t 1% day of November, 2013, by MARIE-.irEANNE ELIZABETH
CADGENE (urunarried), a resident of Redvale, Colorado, and NARCISSE SUZANNE
CADa EN]E (unmarried), a resident of New York, New York (collectively, "Cadgene"); and
EmPiRE DIS'rRIBUTORS OF NORTH CAROLINA, INC., a Georgia corporation
("Empire").
Preliminary Statement
A. Empire is the owner of certain real property located in the Town of Mills River,
Mills River Township,-Jenderson County, North Carolina, which is more particularly described
in Exhibit A. attached hereto ants made a part hereof by reference (the "Empire Property"),
B. Cadgene is the owner of certain real property located in the Town of Mills River,
Mills River Township, Henderson County, North Carolina, more particuliwly described in that
certain Deed recotdccl in Book 910 at Page 713, Henderson County Registry, a portion of said
property Being bounded on the north by 13roadpointe Drive (SR 1690), on the cast by MuDoweh
Crcck, on the south by the State of North Carolina property described in Book 614 at page 387,
I-Ienderson County Registry, and on the; west by the Empire Property along its easterly boundary
(the portion described hercin being hereafter referred to m the "Cadgene Proper•ty"), including
the areas of the Temporary Construction Easement and the Permanent Drainage Easement as
described in Exhibit B attached hereto and made a part hereof by reference.
C. Cadgene has agreed to grant to Eanpire (i) a non-exclusive, temporary easement
for the construction, maintenance, repair and replacement of storm water drainage pipes and
culverts (the "Drainage Facilities") within the area of the Temporary Construction Easement,
and (ii) a noel -exclusive, permanent storm water drainage casement within the area of the
Permanent Drainage Easement for the purpose of draining surface waters from the Empire
R&S 1140028-1
0 � Page 241
Property through the Drainage Facilities into a drainage ditch located on the Cadgene property
(the "Di-ainagc Ditch").
NOW, TI£1€ETWFORZi , in consideration of the mutual covenants and agreements set
forth herein, the parties hereto agree as follows:
1. Temporary Construction Easement. Cadgene hereby gives, granis, bargains,
sells and conveys to Empire, its successors, assigns, contractors and agents, a non-exclusive
temporary right and easement over, under and across the area of the Temporary Construction
Easement, to construct the Drainage Facilities in a good and workmanlike condition and in
compliance with applicable laws. Emj)ire shall be solely responsible for obtaining all necessary
governmental permits and approvals for -the Drainage facilities. Cadgene shall cooperate with
Empire as reasonably required (but at no axpense to Cadgem) to obtain any necessary permits
and approvals for the Drainage facilities. The Temporary Construction Easement includes, but
is not limited to, the right and privilege by Empire, its contractors and agents, to go onto [lie
Temporary Construction Easement area with vehicles and construction equipment and materials
as necessary to construct the Drainage Facilities. The Temporary Construction Easement shall
remain in Of[ect until the earlier of: (a) the date of completion of the Drrunage Facilities, or (b)
two (2) years after the date of recordation ofthis Agreement,
..2. Permanent Drainage Easement. Cadgene Hereby gives, grants; bargains,- sells
and conveys to Empire, its successors, assigns, a non-exclusive perpetual right and eascincnt
over, under acid across the area of the Permanent Drainage Easement to drain and discharge
surface waters from the Empire Property through the Drainage Facilities into the Drainage Ditch.
The Permanent Drainage Easement shall include the night of ingress and egress over the
Permanent Drainage Easement area to the extent reasonably necessary to exercise the easement
rights set forth above and for the purposes of inspecting, maintaining, repairing, replacing,
improving and waking additions to the Drainage Facilities. The Temporary Construction
Easement and the Permanent Drainage Easement are together referred to herein as the
"Easements," The area of the Temporary Construction Basement and the area of the Permanent
Drainage basement are together refereed to herein as the "Easement Arens,"
3. Conditions, Limitations and Restrieflons Affecting the Easement. Cadgene,
for itself, its successors and assigns, hereby reserves the right to use -[he Easement Areas for the
cultivation of crops or any other purpose not inconsistent with the rights and Easements herein
granted to Empire, except that Cadgene agrees that no buildings or permanent structures, wells,
drainage; facilities (other tharl the Drainage facilities), septic tanks, absorption pits, underground
or above -ground storage tanks or burial plots will be placed within the Easement Areas after the
date of this Agreement, Upon the, completion of construction of the Drainage Facilities, and
[allowing any tnaintenance, irnprovenicnt, repair or replacement of the Drainage Facilities,
Empire shall remove all vehicles and construction equipment and materials placed by Empire
upon the Easement Areas and shall as soon as and to the extent reasonably practicable restore the
surface of the Easement Areas to the condition existing immediately prior to such construction,
improvement, repair or replacement.
R&S 11400218-1 2
0 . : 0 age 242
Empire skull be entitled to discharge surface water from the Empire Property into the
Drainage Ditch in the volume and at the rate adequate to drain surface water from the 13rnpire
Property after construction of improvements on the Empire Property. All surface water
discharged by Ernpire into the Drainage Ditch shall be discharged through the Drainage
Facilities, The Drainage. T'acilitics on the Cadgenc Property shall consist solely of underground
storm water drainage pipes and culverts located within the area or the Permanent Drainage
Easen-ient. Other than the Drainage. Facilities, Empire shall not install or maintain any open
ditches, retention ponds, catch basins, or- other drainage systems or components within -the
Easement Areas. All Drainage Facilitim shall be buried underground at a sufficient depth to
allow for the cultivation of crops within the Easement Areas. Empire shall not discharge any
hazardous materials into the Drainage facilities or the Drainage Ditch, and Empire shall be
responsible for all clean-up charges or other assessments made on account of damages to the
environment caused by its discharge of hazardous materials into the Drainage facilities or the
Drainage Ditch.
4. Repair mid Maintenance. Empire shall, at its sole cost and expense, keep and
maintain the Drainage Facilities in good operating condition and repair, mid shall, at Empire's
sole cost and expense, make such repIacements as may be necessary or appropriate to maintain
such condition and state ofrepair. Notwithstanding the foregoing, Cadgene shall be responsible,
at its expense, for any maintenance or repair of the Drainage facilities necessitated by its
r7egligerrce oi• willful acts, or those of'its tenants; agents; contractors or employees .
5. Liens. In the event any mechanic's lien is filed against the Cadgene Property as a
result of services performed or materials furnished on behalf of .Empire, Empire agrees to
promptly cause such lien to be released and discharged of record within thirty (30) days after the
.filing of such mechanic's lien, either by paying the indebtedness which gave rise't.o such lien or
by posting bond or other security as shall be required by law to obtain suck) release and
discharge. Nothing herein shall prevent Empire from contesting the validity thereof in any
manner Empire chooses so long as such contest is pursued with reasonable diligence and such
lien against the Cadgenc Property is timely released and discharged as required herein, In the
event such contest is determined adversely (allowing for appeal to the highest appellate court),
Empire shall promptly pay in full the required amount, together with any interest, penalties,
costs, or other charges related thereto.
6, Covenants Running with _}Land. The obligations, easements and conditions
contained in this Agreement are covenants running with the land, and they are minding upon and
inure to the bene-fit of tile: parties hcreki�, each future owner of. fee simple title to all or any Dart of
Clio Empire Property or the Cadgene Property, and the grantees, successors, assigns, lessees,
agents, employees and invitees of each of the foregoing. "Cadgene" and "Empire" as used herein
shall refer to any person or entity owning all or any portion of the Cadgene Property or the
Empire. Property, respectively. An owner of the Cadgene Property or the l:;mpire Property shall
have, no liability under this Agreement except with respect to natters occurring during its period
of.,ownership.
7. Performance and Remedies. fn the event of any violation by any snarly hereto or
by any pci-mittee or oocupwit of any parcel of real property subject to any of the terms,
nos 1140029-1 3
E
. ou" 7bj3
Page 243
restrictions, covenants and conditioDs provided herein, any of the parties hereto, ar their
respective successors or assigns, as the case may be, shall have all rights available at law or in
equity, including, without limitation, the right to enjoin such violation or threatened violation in
a court of competent jurisdiction, and the right to specific performance of any restriction,
covenant, condition or obligations' Herein provided. No breach of the provisions of this
Agreement shall entitle any party to cancel, rescind or otherwise terminate this Agreement, but
the foregoing limitations shall not affect and other rights or remedies which such party may have
under this Agreement for such breach.
8. lindemni$ . Empire shall indemnify Cadgene against, hold it harmless from, and
reirnbru:sc it for (collectively, 1ndernniffy"), any and all losses, damages,' claims, liens,
liabilities, costs and expenses (including reasonable (attorney fees) (collectively, "losses"),
arising out of or in connection with any breach of or default under this Agreement by E'mpirc or
arising; out of or relating to the use of the basements by Empire, its agents, employees- or
contractors, except for any losses arising from the negligence or willful acts of Cadgenc or its
agents, employees or contractors. Cadgene shall lnderni ly Empire from and against any Losses
arising out of or in connection with any breach of or default under this Agreement by Cadgene or
the negligent or willftul acts of Cadgene, its agents, employees or contractors in the use of the
Easement Areas, except for any Losses arising from the negligence or willful acLs> of Empire or
its agents, employees or contactors.
9. No Rights in Public or Third Parties. This Agreement is not intended and shall
not be construed to grant any rights or privileges to the public in general or to any third parties.
This Agreement shall not provide any rights, privileges, or benefits to or impose any burdens
upon any properties other than the Empire Property and the Cadgene Property,
10, Notices. Any notice, consent or other communication permitted'or required by
this Agreement shall be in writing, and shall be given to each party, at the address set forth
below, in the following rnaimer: (a) personal delivery, (b) reputable overnight delivery service
with proof of delivery, or (c) United States Mail, postage prepaid, registered or certified mail,
return receipt requested. Hach such notice shall be deemed to have been given upon receipt or
refusal to accept delivery. Unless and until changed as provided below, the addresses for notices
given pursuant to this Agreement shall be as. follows:
If to Cadgene; Marie -Jeanne Elizabeth Cadgene
P.O. 13ox 10
Redvale, Colorado 81431
Physical Address;
34001 141-1 Road
Redvale, Colorado 814-31
:Us 1 14uazs-) 4[
Page 244
Narcisse Suzanne Cadgene
160 E. 89th Street, Apa€ti-no rt 1-A
New York, New York 10128-2306
If to Empire. Empire Distributors of Noilh Carolina, Inc.
c/o McLane Company, lnc.
4747 MCLate parkway
Teniple, 'Texas 76503
Attn: ,lost Rcstrepo, Director, facilities & Real l'sstate
McLane Company, Inc.
4347 McLane Parkway
Templejexas 76504
Attention: General Counsel
My party may change its address for notices by giving written notice of the change to the
other Marty in the manner provided above.
11. Further Assurances. E,ach party agrees that it will execute and deliver such
other documents- and take -such other action -as may be reasonably requested -by the'other party to
effectuate the purposes and intention of this Agreement.
12. Attorneys' Fees. Either party hereto (or their respective representatives,
successors and assigns) may enforce this Agreement: by appropriate action and the prevailing
party in such action shall be entitled to recover as part of its costs reasonable attorneys" fees and
expenses.
13. _Misecllaneous. `fhis !Agreement sets forth the entire agrecment' of the parties
with respect toTthe Tmatters set forth Herein, and supersedes any prior written or oral
Linder s Landings between the pa€Mies with respect to those matters. This Agreement may not be
amended, terminated, rescinded, or otl-icrwise modified except by a written, recorded instrument
executed by all of the parties owning fee simple title to the Cadgene Property and the lamprre
Property. "phis Agreement may be executed in counterparts, each of which shall be deemed to be
an original and all of which together shall constitute one and the salve doer€rnent, invalidation of
any covenant or restriction contained in this Agreement by judgment or court order shall not
affect any other provisions of this Agreement, all of which shall rennain in full force; and effect,
The singular of any word .includes the plural, and the plural includes the singular. The use of any
gender includes all genders. This Agreement shall be governed by and in accordance with North
Carolina law.
(Signoftires Begin on Following Page.)
R&,S 1140028.1 5
Bank 1553
Page 245
IN WITNESS SS WH1C;a EDF, the parties hereto htavc; executed this Agrewint as of the
clay and yells -First above written.
CADGENE:
G%[—�l'u
..
(SEAL)
Marie -Sea Elizabeth Cadg e
STATE OF00101" ad(l)
COUNTY OF
T certify that the following person(s) personally appeared before me this clay, each i
acknowledging to ine that he or she sighed the foregoing document;
r � I
Nanae(s) of P incipal(s); _ ��� — i � �L
(ia�sert 1�at1�e(s) Qf'thaae Sighing)
Date: l� L' d { �r` ��✓'
Of cia ignaturc ofNotar} '
Joro—OA—o
Notary's printccl or typed m
la
My commission expires: 114115
(Off'icital Scai)
R&S I140078-1 6
DONA M. LONG
NOTARY PUBLIC
STA'I'5 OF COLORADO
NOTARY ARY ID 2.0114058562
MY COMMISSION WIRES 11-231015
0
UOUK IQZ)O
Page 246
STATI-Mr,
COUNTY OF
�1 cerfif. , thbIIo,Nhiif-�--pL
I J
-dClIo"vIed-nI- -t 0- 14 5ig to Im" OUj 1. 11
'hoso Signing,
Date:
Official Si9T_f,__aU!:Q, Uf N N
-fat -t:, -if I
Notary's printed or typcd nallic
mAw
1-1`11S ... :u11 Qxrj -FRANK$
. -! .z sra_cv ,rc EVIS ZAVALIMA
Notary Public - State of Now yovit
(Ifffutial Seal) No. DIZA6278651
QUalifled In HOIN Yoric COUntY
Ely COMMInsion Expires PAaq. 20,20,07
17
1U3 1 140N8- k I
El
QOOk 1553
'age 247
EMP
EMPIRE DISTRIBUTORS 011' NORTH
CA>l OLINA, INC., a Georgia corporation
By:
Name: _
STATE OF nL
COUNTY Or 1,
T certify that the: fallowing person(s) personally appeared before; nee this day, cacti
acknowledging to me that he or she signed the foregoing document:
Name(s) of Principal(s).
(insert name(s) of those signing)
Date: ..
-
Official Signature of No �i•y
Really Y#�z�s prixii��l. � r typed naiue�.....w
Notary public
DcKA) County, Georgia
'My commission expil:es: hif C0111missioil pb-es My11,2015
(official Sea])
R&S 1140028-1
Doak 1553
Page 248
EXHIBIT A
Empire Property
Being all that tract or parcel of land located in the Town of Mills River, Ivlills River Township,
'Henderson County, North Carolina and being more particularly described as .follows:
BEGINNING at a monument set, said monument being located N 61-40-07 W 3,117.53 feet
from NCGS Monument "Boyleston" having grid coordinates of N=625718.08 feet and
E=942955.34 feet (NAD 83/86); thence, N 07-25-33 E 34.80 feet to a monument set in the
eastern margin of the right of way of Butler Farm Road (private 16 foot existing right-of-way);
thence, with mid along the eastern margin of the right of way of Butler Farm Road the following
ten (10) courses and distances: (1) N 58-36-31 E 269.73 feet to a monument set; (2) N 47-39-29
E 44.47 feet to a monument set; (3) N 27-37-28 E 50.14 feet to a monument set; (4) N 19-22-05
F 737.18 feet to a monument set; (5) N 14-41-02 E 268.79 feet to a monument set; (6) N 08-09-
43 E 81.47 feet to a monument set; (7) N 01-34-47 W 95.29 feet to a monument sett; (8) N 12-13-
00 W 94,74 feet to a monument set; (9) N 22-38-36 W 97.24 fleet to a monument set; and (10) N
25-22-37 W 85.32 feet to a monument set in the southern margin of the right-of-way of Old
Fanning Bridge Road (S.R. 1419/A,K.A. Fanning Bridge Road) (60 foot public right-of-way);
said monument set being located S 40-07-24 E 31.43 feet from an existing spike found in the
-center line; of. Old Fanning Bridge Road; thence, with and along the southern margin of.the.right-.. of -way of Old Fanning Bridge Road, the following two (2) courses and distances: (1) with an are
of a circular curve to the left having a radius of 671.11 feet, an are distance of 170.02 feet and a
chord bearing and distance of N 59-33-29 B 169.56 feet to a monument set; and (2) with an arc
of circular curve to the left having a radius of 2,221.26 feet, an are distance of 121,58 feet and a
chord bearing and distance of N 50-43-56 E 121.56 feet to a rnonurneiat set at the intersec#ion of
the southern margin of the right-of-way of Old Fanning Bridge Road and the western margin of
the right-of-way of Broadpointe, Drive (S.R. 1690) (60 foot public right-of-way), said monument
set being located S 06-40-12 W 44.79 feet from an existing spike found in the center line of Old
Nanning Bridge Road; thence, with acid along the western margin of the right-of-way of
Broadpointe Drive, the following five (5) courses and distances: (1) S 35-23-38 E 59.99 feet to a
monument set; (2) S 33-59-11 E 1.61.69 feet to a monument set; (3) S 36-57-43 E 391,29 feet to
a monument set; (4) with the arc of a eircular curve to the right having a radius of 3,532,07 feet,
an arc distance of 213.66 feet and a chord bearing and distance of S 35-13-41 E 213,63 feet to a
monument set; and (5) S 33-29-39 E 51.60 feet to a monument set; thence, leaving; the margin of
the right-of-way of Broadpointe Drive, a new line the following two (2) courses and distances:
(1) S 19-16-33 W 887.41 feet to a monument sct; and (2) S 37-49-16 W 436,16 :feet to a
monument set in the boundary line of the property of the Statc of North Carolina, now or
formerly, as described in Deed Boole-,614 Page 387 in the flen6crson County Public Registry
(hereinafter the "Registoy") thence, with and along the boundary line of the property of the State
of North Carolina N 82-34-47 W 143,48 feet to an existing concrete monument control cot'rrer, a
corner of.'the property of James K, Ball, now or formerly, as described in Deed Book 1387, Page
472 in the Registry; thence, witl3 and along the boundary line; of the property of .lainos K, Ball,
the following two (2) courses and distances: (1) N 82-36-47 W 383.15 feet to an existing capped
rebar; and (2) N 82-34-27 W 189,71 feet to a monument set, flee point and place of
BEGINNING, containing 25,000 acres more or less as shown on a Subdivision flat for Empire
Distributors of North Carolina, Inc. by Hill and Associates Surveyors, P.A. date:cl October 30,
Figs 1 t4no2s-1 9
uoolt 7553
Page 249
2013 (Drawing No. 2013030) and recorded in Plat Slide 9095 of the Registry (113reinafter the
m
R&s 1140028-1 10
Book '1553
Page 250
IEX'l IBRT Ili
]Easement Areas
Being all those tracts or parcels of land located in the Town of Mills River, Mills River
Township,1-fenderson County, North Carolina and being more particularly described as follows:
A 50 foot non-exclusive, temporary easement for the construction, maintenance, repair and
replacement of storm water drainage pipes or culverts, such easement being located twenty -live
(25) feet on either side of a center line, the point of beginning of which is located [lie following
five (5) courses and distances from 'NCGS Monument "noyleston" having grid coordinates of
N=625718.08 feet and L=942955.311 feet (NAD 83/86): (1) N 61-40-07 W 3,117.53 feet to a
n7oizutncnt set; (2) S 82-34-27 E 189.71 Ceet to an existing capped rebar; (3) S 82-36-47 E 383.15
feet to an existing concrete monument control corner; (4) S 82-34-4.7 E 143.48 feet to a
monument set; and (5) N 3749-16 E 387.03 feet to a point not staked, the point of beginning of
the center line of the 50 Coot temporary construction easement; thence, S 66-35-30 E 128.16 feet
to a point not staked in a drainage ditch, the terminus of the center line of the temporary
construction easement (hereinafter the "remporwry Construction Easement") as shown on a
Subdivision Plat for Empire Distributors of North Carolina, Inc. by Hill and Associates
Surveyors, P.A, dated October 30, 2013 (Drawing No. 2013030) and recorded in Plat Slide 9095
of the Registry (hereinafter the.."Plat").,....
A 20 foot non-exclusive, permanent and appurtenant storm water drainage easement being
located ten (10) feet on either side of a center line, the point of beginning of which is located the
following five (5) courses and distances from NCGS Monument "Boyleston" having grid.
coordinates of N=625718.08 feet and E=942955.34 feet (NAD 83/86); (1) N 6I-40-07 W
3,117.53 feet to a monument set; (2) S 82-34-27 E 189.71 feet to an existing capped rebar; (3) S
82-36-47 E 383.15 feet to an existing concrete monument control corner; (4) S 82-34-47 1
143.48 feet to a monument set; and (5) N 37-49-.16 E 387.03 feet to a point not staked, the point
of beginning of the center line of the 20 foot permanent drainage easement; thence; S 66-35-30 E
12'8.16 feet to a point not staked in a drainage ditch, the terminus of the center line of the
permancnt drainage easement (hereinafter the "Perimanertt Drainage Easement") as shown on
the flat.
R&s ] 140028-1 11
fir+s -th Carolina Secretary of e Page 1 oi'2
North Carolina
Flame F Marshall D E IPARTM E NT OF ri-il
Secretary �.�. E G R ETARY O F STATE
PO Box n6%2 Ralf i;qh. NC 2.7628-0622 (919'j8(17-2W)1
Account Login Redister
Date: 11 /512013
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Corporation Names
Name l
Name Type
NC EMPIRE DISTRIBUTORS OF
LEGAL
NORTH CAROLINA, INC.
Business Corporation Information
SOS I D:
0047286
Status:
Current -Active
Effective Date:
11110/1983
Citizenship:
FOREIGN
State of Inc.:
GA
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
GUTHRIE, DENNIS L
Office Address:
719 EAST BLVD
CHARLOTTE NC 28203-5113
Mailing Address:
719 EAST BLVD
CHARLOTTE NC 27610
Principal Office
Office Address:
13833 CAROWINDS BLVD.
CHARLOTTE NC 28273
Mailing Address:
13833 CAROWINDS BLVD.
CHARLOTTE NC 28273
Officers
Title:
Name:
Business Address:
Title:
Name:
Business Address: I
I
Title:
Name:
ASST. SECRETARY
DENNIS GUTHRIE
13833 CAROWINDS BLVD.
CHARLOTTE NC 28273
PRESIDENT
DAVID B. KAHN
13833 CAROWINDS BLVD.
CHARLOTTE NC 28273
SECRETARY
THEODORE A ZITELLI
MAR 2 1 2014
palir Section Y t'on
-ville
kitty://www.seci*etaty.state.nc.usleorl)orationsICorp.aspx?Pitcmi(i=4940600 11/5/2013
North Carolina Secretary of.-'e
:,, i Vf
Page 2 of 2
Business Address: 13833 CAROWINDS BLVD.
CHARLOTTE NC 28273
Title:
TREASURER
Name:
JAMES SCHWARZKOPF
Business Address:
13833 CAROWINDS BLVD.
CHARLOTTE NC 28273
Title:
VICE PRESIDENT
Name:
MICHAEL A KAHN
Business Address:
13833 CAROWINDS BLVD
CHARLOTTE NC 28273
Stock
Class Shares No Par Value Par Value
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This websile is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version:
1926 `
http://www.sect-etary.state.nc` us/corporations/Corp.aspx?Pl tell] Id=4940600 1 1 /S/201.3
A
7LA
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM
Director
December 11, 2013
Mr. Michael A. Kahn, Vice President
Empire Distributors of North Carolina, Inc.
13833 Carowinds Blvd.
Charlotte, North Carolina 28723
. Pat McCrory, Governor
John E. Skvarla, III, Secretary
Subject: Stormwater Permit No. SW1131101
Empire Distributors of NC Warehouse Facility - Mills River,
High Density Commercial Bio-Retention Project
Henderson County
Dear Mr. Kahn:
The Stormwater Permitting Unit received a complete Stormwater Management' Permit Application
for the subject project on November 13, 2013. Staff review of the plans and specifications has
determined that the project, as proposed, will comply with the Stormwater Regulations set forth in
Title 1SA NCAC 2H.1000 and Session Law 2006-246. We are forwarding Permit�No. SW1131101,
dated December 11, 2013, for the construction, operation and maintenance of 6e subject project
and the stormwater SMPs.
This permit shall be effective from the date of issuance until December 11, 2021; and shall be
subject to the conditions and limitations as specified therein, and does not supersede any other
agency permit that may be required, Please pay special attention to the conditions listed in this
permit regarding the Operation and Maintenance of the RMP(s), recordation of deed restrictions,
procedures for changes of ownership, transferring the permit, and renewing the permit failure to
establish an adequate system for operation and maintenance of the stormwater management
System, to record deed restrictions, to follow the procedures For transfer of the permit, or to renew
the permit, will result in future compliance problems. '
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing by filing a written petition with the Office of Administrative
Hearings (OAFI). The written petition must conform to Chapter 150B of the North;,Carolina General
Statutes. Per N CGS 143-215(e) the petition must be filed with the OAFI within thirty (30) days of
receipt of this permit. You should contact the i?AH with all questions regarding the filing fee (if a
filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh,
NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com.
Unless such demands are made this permit shall be final and binding.
After thirty days from the date of this permit, this project will be kept on file at the,.Asheville
Regional Office. After that time, please contact Jonathan Stepp, Asheville Regional Office,
828-296-4500, jonathan.stepp E(d enr,gov, with any questions. In the interim, if you have, any
questions, or need additional information concerning this permit, please contact 8ili Diuguid at
(919) 807-6369; or bill.diuguid@ncdenr.gov,
1
1612 Mail Service Center, Raleigh, North Carolina 27699.1612 - Telephone 919-707-92201 FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina 27604 - Inlernet_ htl :'1nGrtal.rf denr,osgl_webiliil3tltl-gualilV
An Equal Opportunity � Affirmative Aclio:l Employer - 50% Rocycled ti l0% Post Consumer Pape(
0
' 1,
Mr. Michael A. Kahn, Vice President
Empire Distributors of North Carolina, Inc.
Warehouse Facility - Mills River, Henderson County
SW1131101
December 11, 2013
Sincerely,
Original Signed by William H. Diuguld
William H. Diuguid, AiCP, Plans Reviewer
for Tracy E. Davis, P.E., Director
cr; SW1131101 File
ec: William G. Lapsley, P.E., William G. Lapsley and Associates
Laura Herbert, Asheville Regional Office, Land Quality Section, NCDENR DFMLR
Jonathan Stepp, Asheville Regional Office, Land Quality Section, NCDENR DEMLR
So Stormwater Permit
Permit No. SW1131101
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
LAND QUALITY SECTION
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Empire Distributors of North Carolina, Inc,
Empire Distributors Warehouse Facility
Broadpointe Drive, Mills River, Henderson County
FOR THE
construction, operation and maintenance of two bioretention cells in compliance with
the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to
as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Energy, Mineral and Land Resources, Land Quality Section and
considered a part of this permit.
This permit shall be effective from the date of issuance until December 11, 2021, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2_ This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.7 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 511,653 square feet of
impervious area.
3. The tract will be limited to the amount of built -upon area as indicated in Section
1.7 of this permit, and per the application documents and as shown on the
approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
6. The built -upon areas associated with this project shall be located at least 30 feet
Page 1 of 6
•
10te Stormwater Permit
Permit No. SW1131101
landward
of all perennial and intermittent surface waters.
7. The
following design criteria have been provided in the two bioretention cells and
must be maintained at design condition:
A
B
a.
Drainage Area, 9cres:
Onsite, ft :
393,470
494,056
Offsite, ftZ:
0
21,724
b.
Total Impervious Surfaces, ftz:
241,224
270,429
0nsite, ft :
241,224
270.429
Offsite, ftZ:
0
0
C.
Design Storm, inches:
1.0
1.0
d.
Max. Ponded Depth, feet:
0.75
0.75
e.
Seasonal High Water Table, fmsl:
2060.0
2060.0
f.
Planting Media Depth, feet:
2'
2'
g.
Cell Dimensions, feet:
261x106
340x88
h.
Planting Elevation, fmsl:
2069.0
2076
i_
Planting Surface Area, ftZ:
29,338
31,866
Permitted Storage Volume, ft3:
21,374
23,150
Bypass / Storage Elevation, fmsl:
2069.75
2076.75
I.
Predevelopmeat 1 year 24 hour:
N/A
N/A
M.
Post development 1 year 24 hour:
N/A
N/A
n.
Drawdown Time, hours:
36
38
o.
Underdrain Diameter, inches:
6"
6"
p_
Total number of plants provided:
Not shown
Not Shown
q.
Receiving Stream/River Basin:
French Broad McDowell Cr
r.
Stream Index Number:
6-�54.5)
6-58
S.
Classification of Water Body:
"B '
"C°
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all time provide the operation and maintenance necessary
to assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the filter strip.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans.
f. Debris removal and unclogging of all drainage structures, level spreader,
filter media, planting media, underdrains, catch basins and piping.
9. Access to the cell and outlet structure must be available at all times.
4. Records of maintenance activities must be kept for each permitted BMP. The
reports will indicate the date, activity, name of person performing the work and
what actions were taken.
5. The permittee shall submit to the Division of Energy, Mineral and Land
Resources, Land Quality Section, an annual summary report of the maintenance
and inspection records for each BMP, The report shall summarize the inspection
dates, results of the inspections, and the maintenance work performed at each
Page 2 of 6
® So Stormwater Permit
Permit No. SW1131101
inspection.
6. The stormwater treatment system shall be constructed in accordance with the
approved plans and specifications, the conditions of this permit, and with other
supporting data.
7_ Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. Access to the stormwater facilities shall be maintained via appropriate recorded
easements at all times.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f, FillIng in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11, The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
12, A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13, The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a completed Name/Ownership Change form signed by both parties, to the
Division of Energy, Mineral and Land Resources, Land Quality Section,
accompanied by the supporting documentation as listed on page 2 of the form.
Page 3 of 6
• tote Stormwater Permit
Permit No. SW 1131101
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Energy, Mineral
and Land Resources, Land Quality Section, in accordance with North Carolina
General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
5. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7_ The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
8_ Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual,
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2006-
246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
11. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
12. The permittee shall submit a renewal request with all required forms and
documentation at least 180 days prior to the expiration date of this permit.
Permit issued this the 11th day of December, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Original Signed by William H. Diuguid
William H. Diugui , AICP, Pfa—ns Reviewer
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 4 of 6
Ste Stormwater Permit
Permit No, SW1131101
Empire Distributors of NC Warehouse Facility, Mills River
Henderson County
Stormwater Permit No. SW1131101
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project Name)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 5 of 6
Oate Stormwater Permit
Permit No. SW1131101
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation, per the vegetation plan.
�9. Vegetated slopes are no steeper than 3.1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15_ The required system dimensions are provided per the approved plans.
cc: Laura Herbert, Jonathan Stepp, Land Quality Section
NCDENR-DEMLR, Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
Page 6 of 6
C7
E
Herbert, Laura C
From: Diuguid, Bill
Sent: Wednesday, December 11, 2013 2:20 PM
To: wlapsley@wgla.com
Cc: Herbert, Laura C; Stepp, Jonathan
Subject: SW1131101 Empire Distributors of NC Warehouse Facility Stormwater Permit
Attachments: SW1131101 Empire Distributors of NC Mills River HD Bioretention Permit Dec 11
2013.pdf
Original signed permit and approved, signed and stamped site plan set mailed to Michael A. Kahn, VP, Empire
Distributors of North Carolina, Inc., 13833 Carowinds Blvd., Charlotte, NC 28723
After 30 days from the date of the permit, the DEMLR copy of the site plan package will be sent to the Asheville Regional
Office, NCDENR DEMLR, Land Quality Section, 2090 U.S. Highway 70, Swannanoa, NC 28778.
Bill Diuguid, AICP, Planner
Stormwater Permitting
Land Quality Section
Division of Energy, Mineral and Land Resources � NCDENR
1617 Mail Service Center (Mail)
512 N. Salisbury St, Raleigh, NC 27604 1 9ch Floor (Location 8. Parcels)
Raleigh North Carolina 27699-1617
Phone: 919-807-6369 1 Fax: 919-807-6494
website: http://Portal.ncdenr.orp,/web/wci/ws/su
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land. Resources
Land Quality Section
Tracy Davis, PP, CPM
Director
November 7, 2013
LETTER OF APPROVAL
Empire Distributors of North Carolina, Inc.
ATTN: Michael A. Kahn, VP/COO
13833 Carowinds Blvd
Charlotte, North Carolina 28723
RE: Project Name: Empire Distributors of North Carolina Site
Acres Approved: 25
Project ID: HENDE-2014-002
County: Henderson
Street and City: Broadpointe Drive, Mills River
River Basin, French Broad
Stream Classification: B
Submitted By: William G. Lapsley & Associates, P.A.
Date Received by LQS:; 11/4/2013
Plan Type: New Submittal - Express
Pat McCrory, Governor
John P. Skvarla, III, Secretary
Improvements
Pre -application meeting: Yes Date: November 4, 2013
Dear Mr, Kahn:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan
to .be acceptable and hereby issue this Letter of Approval under the Sedimentation Pollution
Control Act of 1973. The enclosed Certificate of Approval must be posted at the job site. This
plan approval shall expire three (3) years following the date of approval, if no land -disturbing
activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
Please be aware that your project will be covered by the enclosed NPDES Construction
Stormwater General Permit NCG010000. You should first become familiar with all of
the requirements for compliance with the enclosed general permit.
MAR 2 1 2014
Asheville Regional Office, 2090 US Highway 70, Swannanoa, North Carolina, 28778-8211
Telephone 828-296-4600 Fax 828-299-7043 ono '),lality Section
http:I/portal.ncdenr.org/group/Ir/land:quality NorthCaro aville
An Equal opportunilyI Affirmative Action Employer NatmrallY
Letter of Approval
® •
Empire Distributors of North Carolina, Inc.
November 7, 2013
Page 2 of 2
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on
file at the job site. Also, this letter gives the notice required by G.S. 113A-611(a) of our right
of periodic inspection to insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring
protection of existing natural resources and adjoining properties. If, following the
commencement of this project, the erosion and sedimentation control plan is inadequate to
meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statute 113A-51 through 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act. Acceptance and approval
of this plan is conditioned upon your compliance with Federal and State water quality laws,
regulations, and rules. In addition, local city or county ordinances or rules may also apply to
this land -disturbing activity. This approval does not supersede any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in
the Financial Responsibility Form, which you provided. You are requested to file an amended
form if there is any change in the information included on the form. In addition, it would be
helpful if you notify this office of the proposed starting date for this project. Please notify us if
you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Kristin Hicklin
Land Quality Section
Enclosures: Certificate of Approval
NPDES Permit
ec: William G. Lapsley & Associates, PA
*
The posting of this certificate certifies that an erosion and sedimentation control plan has been
approved for this project by the North Carolina Department of Environment and Natural Resources
in accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and
North Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be
posted at the primary entrance of the job site before construction begins and until establishment of
permanent groundcover as required by NorthCarolina Administrative Code, Title 15A, Chapter
.0 p�re Distributors" of _
North Carolina Site �mprove ends
Project Name and Location
November 7, 2013 2.:. -
Date of Plan ApprovalA4Regional Engineer .
NCENR
fZ_A"' ra C*I:b
Application Completeness Review
SW Il 3)/0 /
First Submittal ❑ Re -submittal Date Received:// Date Reviewed:
DevelopmentlProject Name: 'm 7-> *x C o
Receiving stream name �R1541C_,l_ HR-cA Lam_ Yi'1,Doy r! C,r,E Classification:
fiver Basin: FRa
" By Bill Diuguid
For post -construction requirements, a program will be deemed compliant for the areas where it is
implementing any of the following programs: WS-1, WS-I1, WS-III, WS-IV, HQW, ORW, Neuse River Basin
NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nutrient
Management Strategy,
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 or Six Mile Creek Water Sheds)
'y,�
Latitude and Longitude:35" ZC -82 33 /Bw�_ JurisdictionM,, sA�y__e, �/Ze
Project .Address: 'RDA D E0_fA, _"E DAeIVA--wi'-t- .V;"e -ZV7-5*9 14E. �E.zsoA, C400'
Engineer name and firm: W,/lam_ G . L,4 pS 1gy . P• E. ¢�:sn� 1 �rpex o,�vi-lKe Z e'7
Phone: 192 8 -le Sri- 7177 Email: V41 l _.. r• Q
Is the project confirmed to be in the State MSI Stormwater Pe mit juris iction? es or No
a Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets igh Densi ❑ other
IVfA_ -=-- 401/404 impacts t surface waters, wetlands, and buffers (add language to cover letter an cr add info letter)
V_ BUA 'L • Z
VY 2heck for $505.00 included
Original signature no hoMy
) on application
� Legal signature Car oratiohigher, Partnership -General Partner/higher, LLC-member/manager, Agent).
rn,� /ar�.►1
N�
oK
bK_
� Check spelling, capitalization, punctuation: http,llwww.secretary. state. nc.uslcorporations/thepage.aspx
If an agent signs the application, a signed letter of authorization from the applicant must be provided which
in Ludes the name, title, mailing address and phone number of the person signing the letter.
Coav of orooerty deed showino ownership or control
-•eor subdivided projects, a signed and notarized deed restriction statement
ue>ealed, signed & dated calculations
Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each)
6("(1
9/'-Bioretention w1e4Q eC0_
❑ Dry Detention Basin
❑ Filter Strip
❑ Grass Swale
❑ Infiltration Basin
❑ Infiltration Trench
❑ Level Spreader
❑ Permeable Pavement
o Restored Riparian Buffer
❑ Rooftop Runoff Management
L7 Sand Filter
❑ Stormwater Wetland
❑ Wet Detention Basin
❑ Low Density
❑ Curb Outlet
❑ Off -Site
❑ NCDOT Linear Road
MAR 2 1 2014
' rty Section
alf
,Two sets of sealed, signed & dated layout & finish grading plans with appropriate details r .a I
sa' Narrative Description of stormwater management provided �ilre
Is report, geotech information provided
o/Wetlands delineated or a note on the plans or in the accompanying documents that none exist on site and/or
adjacent property FL 0 ° o r7 / O Y ►- 4--'"u,!�_J . _-:C� , k/d
Details for the roads arking area cul-de-sac i' sidewalk widths, curb and utter; A/o7- 2)Z.T LS
wrl- Dimensions slopes provided p F� PaL �� �� /.�I �, Ko t 04 �
Drainage areas delineated ervious and impervious porte or eac ❑ Areas of high density
�B operation and maintenance aq�eements provided "�
X Application complete GYApplication Incomplete Returned: „ NO /7dfall •;e!:ep_ (Date)
9d1kinQ h rJ D(+ A-IAI ?-e-- #r- �F_.& Sf mar 4oa,AID ki?_ « s <44a mil
Cs
MP G f) P�4 C-I / 4VA / 1. A B iZ To SiC IC ✓� F k tcrc 4'
April 26, 2013 Revision, Bill Diuguid 7
V%! 1' F- 14 0 U - E &-X P,4 / si eAf , � 5 H 0 ►t✓N 0 r1/ S I1FL4 A/.