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HomeMy WebLinkAboutSW3120701_HISTORICAL FILE_20130402STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SWJ/�D7(�/ DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE l YYYYMMDD arm■ r,�• � , � � , ws r'rrr�ir■ �r;rrr► .w r,r rr� •�■ a�'r;• ...fir. irrrrrr .rrrrwrrrr � Transmittal Attention: Mr. Scott Devaux — NCDENR Mooresville Regional Office Surface Water Protection 610 East Center Avenue Mooresville, NC 28115 From: Luke Bugenske, PE - Burton Engineering Associates Project Name: Midland — Tractor Supply Project Number: 487-029 Date: April 1, 2013 Re: Sand Filter As -built Certification Via: FedEx (Overnight) RECEIVED DIVISION! OF %`7ER QUALITY APR 0 2 2013 ,v, ffON MOORESVILLE',E :TONAL OFFICE Copies Date Sheets Description 1 04.01,13 2 Designer's Certification ❑ As Requested ® For Approval ® For Your Use ❑ For Review and Comment If you have any questions concerning this information, please contact me at (704) 553-8881 or by email at lukeb@burtonengineering.com Sincerely, Luke Bugenske, PE PLEASE NOTIFY AT ONCE IF ALL ENCLOSURES ARE NOT INCLUDED RECEIVED DIVISION OF 1fVATER QUALITY NOV 0 2 2012 *A MO.. SWP SECfTiON NCDENR MOORESVILLE REGIONAL OFFICE North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. William L. Allen Midland -Durban Retail Investors, LLC 3735 Beam Rd., Ste. B Charlotte, NC 28217 Division of Water Quality Charles Wakild, P. E. Director November 2, 2012 Subject: Stormwater Permit No. SW3120701 Modification Tractor Supply - Midland, NC High Density Commercial Sand Filter Cabarrus County Dear Mr. Allen: Dee Freeman Secretary The Stormwater Permitting Unit received a complete Stormwater Management Permit Application to modify Permit No. SW3120701 on October 31, 2012. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H .1000 and Session Law 2006-246. We are forwarding modified Permit No. SW3120701, dated November 2, 2012, for the construction, operation and maintenance of the subject project and the stormwater BMPs. This permit shall be effective from the date of issuance until August 17, 2020 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 BMP(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 (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes. Per NCGS 143- '215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Mooresville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Robert Patterson at (919) 807-6375; or robert.patterson@ncdenr.gov, Sincerely, Original signed by Robert D. Patterson for Charles Wakild, P.E., Director Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury 5t. Raleigh, North Carolina 27604 Phone 919-807-63001 FAX: 919-807-6494 Internet: www.ncwatergLiality.org An Equal Opparlunily 1 Afflrmplive Aclion Employer cc: SW3120701 File ec: Mike Parker - Mooresville Regional Office Carlton T. Burton, PE - Burton Engineering Glenn Morris - Burton Engineering Brian M. Wilson, PE - Town of Midland One NO thCar011na State Stormwater Permit Permit No. SW3120701 MOD STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 Midland -Durban Retail Investors, LLC Tractor Supply 118SS US Hwy 601, Midland, Cabarrus County FOR THE construction, operation and maintenance of a sand filter 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 Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 17, 2020, 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 of this permit. The stormwater control has been designed to handle the runoff from 99,316 square feet of impervious area. 3. The tract will be limited to the amount of new built -upon area as indicated in Section 1.7 of this permit, and per the application documents and as shown on the approved plans. Prior to the construction of the future street extensions shown on the approved plans, this permit must be modified. 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 landward of all perennial and intermittent surface waters. Page 1 of 6 State Stormwater Permit Permit No. SW3120701 MOD 7 The following design criteria have been provided in the sand filter and must be maintained at design condition: DA 2 a. Drainage Area, acres: 2.14 Onsite, ftz: 93,218 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 60,548 Onsite, ft2: 60,548 Offsite, ft2: 0 C. Design Storm, inches: 1.0 d. Sediment Chamber Bottom Elev., fmsl: 504.0 d. Top of Sand Elevation, fmsl: 504.0 e. Seasonal High Water Table, fmsl: below 502.0 f. Sand Depth, feet: 1.5 h. Bottom of Sand Elevation, fmsl: 502.5 i. Sediment Chamber SA, ft2: 1,330 i. Sand Chamber SA, ft2: 1,110 j. Permitted Storage Volume, W: 3,930 k. Bypass / Storage Elevation, fmsl: 505.5 n. Drawdown Time, hours: 29 o. Underdrain Diameter, inches: 4.0 q. Receiving Stream/River Basin: Anderson Cree r. Stream Index Number: 13 S. Classification of Water Body: H. SCHEDULE OF COMPLIANCE DA 3 1.25 54,450 0 38,768 38,768 0 1.0 504.6 504.5 below 502.0 1.5 503.0 30 620 3,492 506.0 40 4.0 k / Yadkin - Pee Dee -17-13 „C„ 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. g. 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 Water Quality 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 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. Page 2 of 6 State Stormwater Permit Permit No. SW3120701 MOD 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 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 1. 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 Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. 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 Water Quality, 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. Page 3 of 6 State Stormwater Permit Permit No. SW3120701 MOD 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. 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. 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 1SA 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 2nd day of November, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Original signed by Robert D. Patterson for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 6 State Stormwater Permit Permit No. SW3120701 MOD Tractor Supply — Midland, NC Stormwater Permit No. SW3120701 Cabarrus County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (E] 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 State Stormwater Permit Permit No. SW3120701 MOD 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. S. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Under drains are located per the approved plans. 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 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 sediment chambers, sand chambers, under drains, and outlets. 15. The required system dimensions are provided per the approved plans. Please submit this Designer's Certification to: Mooresville Regional Office Surface Water Protection 610 East Center Ave., Ste. 301 Mooresville, NC 28115 Cc: Scott Devaux - Cabarrus County Page 6 of 6 r 'V TOWN OF MIDLAND PO Box 589 * 4293-B H%vy. 24/27 E Midland, NC 28107 Town Office: 704-888-2232 -Town Fax: 704-888-2234 towtiofn7idiandO+tiudlajuinc.us * tvtvtv.to►vnofntidland.us To: Mr. Carlton Burton, PE Burton Engineering Associates 59501~airview Road Charlotte, NC 28210 Re: Tractor Supply Stormwater Management Plans Dear Mr. Burton: fl SEP'-72012 DEMR . �xRK Saar Branch t- - nbP September 4, 2012 As a fallow up to the conference call between you, Glen Morris, and myself oil Thursday, August 30, 2012, l would like to reiterate Midland staff's stance on the issues presented in your Memo dated August 27, 2012 regarding Tractor Supply - Midland, Storm water Management. It is stated in your memo that this site is not subject to any North Carolina water quality provisions and that only Town Ordinances apply. To clarify, EPA Phase I1 stormwater regulations administered by the State are in effect for all of Cabarrus County, including Midland. Town Ordinances are supplemental to State requirements until such time as we have full local review authority. Your memo implies that a decision was made to eliiinate the sand filter located along Highway 601. To clarify, town staff encourages (and has since the beginning of the project) the developer to utilize landscaping islands as bioretention facilities to the greatest degree possible to minimize, and possibly eliminate, the need for a sand filter along Highway 601 to meet the Town's Zoning requirement to achieve 50% of stormwater treatment on site. Town staff is not aware of and has not endorsed plans to eliminate the sand filter along Highway 601. Please note that any revision to the approved siormwater plan must be resubmitted and approved by both the Town of Midland and NCDENR DWQ. Your memo goes on to mention the possibility of the Town executing an amendment to the approved State of North Carolina stormwater permit (SW3120701). r As a subdivision of the North Carolina State Govermnent, the Town of Midland cardlot legally amend a North Carolina stormwater permit. Plan revisions as depicted in the construction drawing which accompanied your Met -no dated August 27, 2012, signed and sealed on the same date, are rejected without review due to issues cited above. If you have questions regarding this project, please do not hesitate to contact the and I will be glad to assist as possible. - Best Regards, Brian M. Wilson, PE Town Engineer Town of Midland 9@ -OW1200 7SEP -- 7 2012 Fay. r• f FAA FII� �of,Fr VA �Mq, JZ 5950 Fairview Rd.. Soils 100 -Charlotte, hC 28210 (704) 553-8881 • Fax (704) 553.8860 8-27-12 TO: Bill Allen, COO (Durban) and Brian Wilson (Town of Midland) FROM: Carlton Burton, PE RE: Tractor Supply - Midland Storm water Management The proposed sand filter 413 was designed to provide water quality for a portion of the site. In addition, there are proposed tree pits with rain gardens located within islands in the parking area that would provide additional treatment for most of the parking areas at the Front of the building. This particular site is not subject to any of the State of North Carolina water quality provisions, therefore only the Town Ordinance would be applicable. In light of the decision to eliminate the sand filter located along Hwy 601, our client has requested that we comply with the Town Ordinance for tree pits (even though they are not required by the NCDMI). These tree pits/rain gardens alone would not provide the full removal rate as prescribed by the NCDWQ BMP Manual. As this design modification is a Town ordinance issue, and not a State requirement we will need to have Town approval for an amendment to the approved State of North Carolina storm water permit (SW3120701). We can assist in the preparation of the amendment we would be pleased to do so. Enclosed with this memo are new site drawings indicating the modifications to the stony water system and other items discussed by Mr. Allen last week. The final drawings will be sealed by our firm before they are submitted to the Town. Sincerely Carlton Burton PE .oar■ .rrrrr •irrr�rrra 5950 Fairview Road, Suite 100 Charlotte, NC 28210 P. O. Box 471943 Charlotte, NC 28247 704-553-8881; fax 704-553-8860 son ak TraiMqmiftl Attention: Robert Patterson From: Glenn Morris. Company: NCDENR DWQ Date: 1 U13U11 1 State Stormwater 512 N. Salsibury St. 9th Floor Raleigh, NC 27604 via: FEDEX Job #: 487-026 Phone M 919-807-6375 CC: Re: Tractor Supply Company, Town of Midland NC ❑As Requested❑✓ For Approvak—Yor Your UseElFor Review and Comment Comments: Copies Date Sheets Description 2 C2A Revised Site Plan 2 Revised Calculation 1 Cover Letter BURTON ENGINE NG ASSOCIATES PLEASE NOTIFY AT ONCE IF ALL ENCLOSURES ARE NOT INCLUDED. THAN OCT 3 12012 1 - WA ......... BURTON nrr■or ENGINEERING Mon r■■ Wr ASSOCIATES CIVIL ENGINEERS LAND PLANNERS October 30, 2012 Mr. Robert Patterson, P.E. NCDENR DWQ Stormwater Permitting 512 N. Salisbury Street 9`" Floor Raleigh, NC 27604 RE: Tractor Supply Inc. Midland, NC SW3120701 Dear Mr. Patterson: Robert, this is in response to your October 29, 2012 request for additional information: 1. Two copies of the revised site plan are included 2. A revised talc for sand filter #2 is included. It shows the minimal volume is contained within the sediment chamber and sand filter are provided considering the slope bottoms. (Average End Method). This calculation is to replace the sheet previously provided in the submitted talcs. Respectfully, Glenn Morris Project Manager # 5950 Fairview Road Suite 100 # Charlotte, NC 28210 4 704 553-8881 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Carlton T. Burton, PE Burton Engineering Associates 5950 Fairview Rd., Ste. 100 Charlotte, NC 28210 Dear Mr. Burton: Division of Water Quality Charles Wakild, P.E. Director October 29, 2012 Subject: Request for Additional Information Stormwater Permit No. SW3120701 Tractor Supply — Midland, NC Cabarrus County Dee Freeman Secretary The Division of Water Quality Central Office received a Stormwater Management Permit Application for modification of the subject permit on October 23, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Since the site plan appears to have been revised, please submit 2 copies of the revised site plan sheet. 2. The revised forebay bottoms are now sloped. However, the bottom surface area, and resulting volume is overestimated for sand filter #2. The calculations for sand filter #2 are based on a flat forebay bottom. Please revise. Sand filter #3 appears correct though. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to November 28, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Any revised calculations or plans must be sealed, signed, and dated. Please reference the State assigned permit number SW3120701 on all correspondence. If you have any questions concerning this matter please feel free to contact me at (919) 807-6375, or at robert.patterson@ncdenr.gov. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 91V07-6494 Internet: www.nmaterquality.org An Equal Opportunity 1 Affirmative Aclor Employer NorthCarolina Naturally Mr. Carlton T. Burton, PE SW3120701 MOD - Tractor Supply - Midland, IBC October 29, 2012 Sincerely, If 1�fzv- /� Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: �SW3120701 File, ec: William L. Allen - Midland -Durban Retail Investors, LLC Glenn Morris - Burton Engineering Associates Brian Wilson, PE - Town of Midland Michael Parker - Mooresville Regional Office Page.2 of 2 ❑ First Submittal ['f Re -submittal Develop mentlProject Name: __TX Receiving stream name Application Completeness Review pp Date Received: 1° r C2 !9Z Date Reviewed: 1 L By 110 ro f_ 540V ' ^ classification: For post -construction requirements, a program will be deemed compliant for the areas.where it is implementing any of the following programs: WS-I, WS-II, WS-ill, 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): Latitude and Longitude: _ Jurisdiction Project Address: Engineer name and firm: I;cLt -ro" Fiy R GLIB-N ltoreltt.b ❑ Low Density (no curb and gutter) ❑ Low Densit.y.with curb and gutter outlets M-6kg h Density ❑ Other ❑ 4011404 imp cts to surface waters, wetlands, and buffers (add language to cover letter and/or addinfo letter) c r UA Check for $505.00 included Original signature (not photocopy) on application' Ej- Legal signature (Corporation -VPlhigher, Partnership -General Partnerlhigher, LLC-memberlmanager, Agent). Check spelling, capitalization, punctuation: http://www.secretary.state.nc.us/corporations/thepage.aspx If an agent signs the application, a signed letter of authorization from the applicant must be provided which includes the name, title, mailing address and phone number of the person signing the letter. ❑ For subdivided projects, a signed and notarized deed restriction statement Sealed, signed & dated c ons Correct supplement an O& rovided for each BMP on site (check all that were provided & number of each) ❑ Bioretention . Kit N� o Dry Detention Basin �� �y �'"� ❑ Filter Strip ❑ Grass Swale ❑ Infiltration Basin ❑ Infiltration Trench a Level Spreader ❑ Permeable Pavement ❑ Restored Riparian Buffer ❑ Rooftop Runoff Management wand Filter ❑ Stormwater Wetland ❑ Wet Detention Basin ❑ Low Density ❑ Curb Outlet ❑ Off -Site ❑ NCDOT Linear Road Two sets of sealed, signed & dated layout & finish grading plans with appropriate details Narrative Description of stormwater management provided ❑ Soils report provided ❑ Wetlands delineated or a note on the plans that none exist on site and/or adjacent pope ❑ Details for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter; ❑ Dimensions & slopes provided ❑ Drainage areas delineated ❑ Pervious and impervious reported for eac ❑ Areas of high density ❑ Inspection and maintenance agreem�rents provided ❑ Application complete O'Application Incomplete Ret ed: _ (Date) Comments OLir _Y T G L-WAI lint a IA441 L February 9, 2009 Revision 1 / I ' / f �t c s s r �G i t S c{ .til�C Si''r� C �Vjts2 ,. „ a•..' - '� ' 'r l 1 . `, ' � r • i -. .www� ■rwwwwr■ �i��wwwww■ 5950 Fairview Road, Suite 100 Charlotte, NC 28210 P. O. Box 471943 Charlotte, NC 28247 704-553-8881; fax 704-553-8860 Trna�ns �' ld� I Attention: Robert Patterson From: Glenn Morris Company: NCDENR DWQ Date: 1 UIZ2112 State Stormwater 1617 Mail Service Center Raleigh, NC 27699-1617 Via: FEDEX Phone #: 919-807-6375 Job #: 487.026 CC: Re:_ Tractor Supply Company, Town of Midland, NC ❑As Requested❑✓ For ApprovaC:]For Your UseE:]For Review and Comment Comments: Copies Date Sheets Description 2 Completed & Signed Application aCT � BURTON ENGINE G OCIAYLENCLOSURES PLEASE NOTIFY AT ONCE ARE NOT INCLUDED. THANK YOU. �U .: . ■sssss■LAND PLANNERS 5950 Fairview Road, Suite 100 Charlotte, NC 28210 P. 0. Box 471943 Charlotte, NC 28247 704-553-8881; fax 704-553-8860 TrammUtal Attention: Robert Patterson From: Glenn Morris Company: NCDENR DWQ Date: State Stormwater 1617 Mail Service Center Raleigh, NC 27699-1617 via: FEDEX Phone #: 919-807-6375 Job #: 487-026 CC: Re: Tractor Supply Company , Town of Midland, NC ❑As RequesW EZI For Approva(DFor Your UseE]lFor Review and Comment Comments: Copies Date Sheets Description 2 Revised Civil Drawings 2 Calculations 1 Check for $505.00 1 Application, not signed (arriving separate cover) Jim - L45 U Vj 2 1Jcr 2 2 2012 1 dENR - WiRTgR QUq'" � JI BURTON ENGINEERING A SOCIATEStland8 g St,a� &and PLEASE NOTIFY AT ONCE IF ALL ENCLOSURES ARE NOT INCLUDED. THANK YOU. NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. William L. Allen Midland -Durban Retail Investors, LLC 3735 Beam Rd., Ste. B Charlotte, NC 28217 Division of Water Quality Charles Wakild, P. E. Director August 17, 2012 Subject: Stormwater Permit No. SW3120701 Tractor Supply - Midland, NC High Density Commercial Sand Filter Cabarrus County Dear Mr. Allen: Dee Freeman Secretary C�I�Itil+L The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for Tractor Supply - Midland, NC on August 17, 2012. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2006-246. We are forwarding Permit No. SW3120701, dated August 17, 2012, for the construction, operation and maintenance of the subject project and the stormwater BMPs. This permit shall be effective from the date of issuance until rescinded 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 BM P(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 upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Mooresville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Robert Patterson at (919) 807-6375; or robert.patterson@ncdenr.gov. Sincerely, for Charles Wakild, P.E. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 4 FAX: 919-807-6494 Internet: www.ncwaterqualily.org An Equal Opportunity l Affirmative Action Empioyer cc: SW3120701 File ec: Mike Parker - Mooresville Regional Office Carlton T. Burton, PE - Burton Engineering Associates Don Widenhouse - GATRDO, LLC Brian M. Wilson, PE - Town of Midland One NorthCarolina Naturally State Stormwater Permit Permit No. SW3120701 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF.WATER QUALITY 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 1S HEREBY GRANTED TO Midland -Durban Retail Investors, LLC Tractor Supply 11855 US Hwy 601, Midland, Cabarrus County FOR THE construction, operation and maintenance of a sand filter 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 Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 17, 2020, and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 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 of this permit. The stormwater control has been designed to handle the runoff from 104,283 square feet of impervious area. The tract will be limited to the amount of new built -upon area as indicated in Section 1.7 of this permit, and per the application documents and as shown on the approved plans. Prior to the construction of the future street extensions shown on the approved plans, this permit must be modified. 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. 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 landward of all perennial and intermittent surface waters. Page 1 of 6 State Stormwater Permit Permit No. SW3120701 7. The following design criteria have been provided in the sand filter and must be maintained at design condition: a. Drainage Area, acres: Onsite, ftz: Offsite, ft2: b. Total Impervious Surfaces, ftz: Onsite, ft2: Offsite, ftz: c. Design Storm, inches: d. Sediment Chamber Bottom Elev., fmsl: d. Top of Sand Elevation, fmsl: e. Seasonal High Water Table, fmsl: f. Sand Depth, feet: h. Bottom of Sand Elevation, fmsl: i. Sediment Chamber SA, ft2: i. Sand Chamber SA, ftz: j. Permitted Storage Volume, Ft3: k. Bypass / Storage Elevation, fmsl: n. Drawdown Time, hours: o. Underdrain Diameter, inches: q. Receiving Stream/River Basin: r. Stream Index Number: s. Classification of Water Body: II. SCHEDULE OF COMPLIANCE DA 2 1.92 83,635 0 58,545 58,545 0 1.0 504.5 505.0 below 502.0 1.5 503.5 1,210 965 4,361 506.5 34 4.0 Anderson Creel 13 DA 3 1.40 60,984 0 45,738 45,738 0 1.0 505.0 505.0 below 502.0 1.5 503.5 970 810 3,686 506.5 37 4.0 c / Yadkin - Pee Dee -17-13 .1c" The stormwater management system shall he constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 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. g. 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 Water Quality 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 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. Page 2 of 6 State Stormwater Permit Permit No. SW3120701 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 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 often 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 Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, 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. Page 3 of 6 State Stormwater Permit Permit No. SW3120701 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. b. 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. 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 17Lh day of August, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 6 State Stormwater Permit Permit No. SW3120701 Tractor Supply - Midland, NC Stormwater Permit No. SW3120701 Cabarrus,County 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 S of 6 State Stormwater Permit Permit No. SW3120701 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. Under drains are located per the approved plans. 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 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 sediment chambers, sand chambers, under drains, and outlets. 15. The required system dimensions are provided per the approved plans. Please submit this Designer's Certification to: Mooresville Regional Office Surface Water Protection 610 East Center Ave., Ste. 301 Mooresville, NC 28115 Page 6 of 6 N:+ nAMR:: r 5950 Fairview Road, Suite 100 Charlotte, NC 28210 P. O. Sox 471943 Charlotte, NC 28247 704-553-8881;fax 704-553-8860 TmnsmKobal Attention: Robert Patterson From: Glenn Morris Company: NCDENR Date: Ud/Uj/11 217 W. Jones Street Raleigh, NC 27699-1601 via: Fedex Rhone #: 877-623-6748 .lob #: 487-026 CC: Re: Tractor Supply Company . Town of Midland, NC ❑As Requested[Z]For For ApprovaCPor Your UseE)For Review and Comment Comments: Copies Date Sheets Description 1 comment responses 1 signed O&M Agreements 1 Stormwater Management Calcs 2 Civil Drawings 2 revised page 3 of the application 1 Ownership LLC documents BURTON EN NEERING ASSOCIATES PLEASE OTIFY AT ONCE IF ALL ENCLOSURES ARE NOT INCLUDED. THANK YOU. LAUG_- 8WATERWAL17yca...._.-_. ECS CAROLINAS, LLP "Setting the Standard for S.6ivice" Geotechnical - Construction Materials - EnVironrnehtal - Facilities NC Registered Engineering Firm' F-1078 Mr. Darren Tuift Director.,ofbev6lopmeht Services The Durban Group 3735 Beam Ao�df-`Ss ;uite Charlotte, ­ ­'�8217 �h North, Carolina Reference: Report of'Seasonal High Water Table Determination Traddr-SUpply US. k", �61 I WY _ Midland, North'Carolina ECS Project 09-21601 Dear Mr. Tuitt: August 13, 20i2 @@9 OWE AUG1=7 2 012 DENR -.WfTLcp -QUALITY IN IFM4 1L, - fZ, - ECS Carolinas, LLP (ECS), is p!eased to provide -you .with our. Report. of Seasonal High Water Table -41" D'e­ermiiriat& for the Tractor Supply -site located on US Hwy 601 in Midland, North l ti Ca.roliha". Pro jgd Intonation The site is located'6n US Hwy 601 in Midland, North Carolina. ECS received a site plan from Burton Engineering Associates identifying the location of the proposed sand fitter (#3) Mormwater management device. Two soil borings were -drilled in the Proposed sand fiftdr (#3) stbftwater management device with 6 drill rig to a de'pih of 16et be"low ground surface (Ns)'. Stow of Services ECS'a conducted n' investigdtion of,the.solls to identify.the depth'of -the. seasonal high water table loca , tea. i , n the- si , ormwater"management'd6vice; The properties and characteristics' of the soils o ' - _b rvdd and rd6did6d k''f ` ld'�bte ' retrieved from the borings were observed n. ie s. The properties' lhblud6 teiib'r"% de'pfh', the presence of restrictive horizons, ­ depth to - .seasonal I I high water table- coarse OrPten I fragments, etc. The'assessment was conducted in accordance vAth-current soil science practices and technology af 1d the North Carolina Division of Wate r Quality Stbrmwater Best Ma:n6g"pimerit Practilce.-si'(60) Ma'n-U61, dated 461y,'2007. Seasonal High Water-Table'll)6teftlinatlon Be160 is A siummary.of the soils. retrieved from the boring.. B - I =T16u'jsq. a`pp­ Ia`­.y2eto 6 depth th of 8:inches .b_g_s consists ist of bto"vh :l'bam-'. _T 'he'stru c ' eappears to ars tobe, grahl6rwitfilria ie consist6hce. The s6bsurface layer.from 8.to 32 inches bgs, consists of pale gown silty am `The appears to'beWeak, medium"subangular blocky with fri6lei'hlly s!icky,pjastid consistence. The subsurface layer ,6 3246-484dhe§ bgs,consists of yellowle brown 'clay loam. The structure appears to be weak, medium subangular blodky with fri6ble, sticky, plastic consistence. Common lih6 andfew :med1um black concreti0ns-werd 4811 Koger Boulevard - Greensboro, NC-27407 - T 3.3.6--850150 - R:.31M56r716:0 www,ecslimited.com ECS Carolin4s, LLP ! ECS'Florida, LLC ECS Mid-Atlantic-t- LLC '- ECS S+thdast, LLC ECS Tdxas',. LLP Seasonal'Hi6l Wate`r.Tabfe Determination 7`ractor Supply US H»y 601 Mic land,,fllarth Carolina ECS Pr6ject09=2'f80f August 13, 2012 observied throughout the layer. The subsurface layer from 48 to.114 inches-bgs consists of grayish brown weathered rock that can be crushed to sandy loam .and small fragments of gravel. The subsurface layer from 114 to 180 inches (15 feet) bgs consists of grayish..brown weathered rock that crushed. t6,sina11 fragments of gravel. B 1 - The surface laver to a depth of 7 inches bgs consists of brown loam. The structure appears to be granular with friable'consistence. The subsurface layer from 7 to 48 inches bgs,corisists of yellow and pale.brown clay loam. The structure appears to be weak medium subangular blocky with friable, sticky, plastic consistence. Common fine and few medium black concretions were observed'throughout the layer. The subsurface layer from 48 to 120 inches'bgs cor�sist`s of grayish brown weathered rock that can be crushed to sandy loam and small fragments of gravel. The subsurface layer from 126 to 180 inches (15 feet) bgs consists of grayish brown weathered rock that crushed to small'fragments of gravel. Conclusions B - 1 -- The SHWT at B- 1 is greater than 15 feet bgs. B - 2 The SHWT at B - 2 is greater than 15 feet bgs. The type of stormwater management facility designed is based on the depth of the SHWT or confining layer. The Information above can be utilized to determine -the type of stormwater management facility best suited for this site according to the North Carolina Division of Water Quality Storm Water BMP Manual, dated July, 2007. Closigg ECS is pleased to offer you our professional services and we look forward to assisting in any of your site analysis needs in the future. If you have any questions or require further assistance, please contactus at 336-362-4905.. Respectfully,�� ECS CAROLINAS, LLP �Ge.���'vzy�J�► Joseph A. Hinton, LSS Senior Soil Scientist Attachment: Figure 1 — S Michael T. Brame, PWS Environmental Principal 1 ! 3 1'r p111111'' M/�Fit PH:� 6�DIMENT-YFZAP r!'' ,. i !'- }i•'L r" f i- 1 i11 ','+' ��! >• + q F! r 1 s � J¢'•• � 1 4.�r s Tit ye f ,jilj B-1 ; ^.� %�� •° ' /fir` r ,'1rI ` f ''Iy Yr� ,� !. 1di 1 iL LEGEND B-1 : SHWT BORING LOCATION B-3 : SHWT"BORING LOCATION SOURCE: SITE MAP PROVIDED BY BURTON ENGINEERING ASSOCIATES SCALE 1 INCH -=40 FEET fill ,t � �. �+� i}• " FIGURE 1 SHWT BORING LOCATION MAP TRACTOR SUPPLY HWY 601 MIDLAND, NORTH CAROLINA ECS PROJECT NO.09-21601 1 North Carolina Secretary of State Pagc 1 of' 1 North Carolina Elaine F. Alarshall D EPARTM EDIT OF -rHw Secretary SECRETARY OF STATE PO Box 20322 Raleigh, NC :7626-0622 (919)807-20D0 Date: 8/1/2012 Click here to: View Document Filings I File an Annual Report I ] Print a Pre -populated Annual Report Fillable PDF Form I Amended A Previous Annual Report I Corporation Names Name Name Type NC MIDLAND-DURBAN RETAIL_ LEGAL INVESTORS, LLC NC MIDLAND-DURBAN, LLC PREV LEGAL Limited Liability Company Information SOSID: 1265498 Status: Current -Active Effective Date: 6/21/2012 Annual Report Due Date: 411512013 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: DURBAN MANAGEMENT, LLC Office Address: 3735-B BEAM RD CHARLOTTE NC 28217 Mailing Address: PO BOX 19868 CHARLOTTE NC 28219 Principal Office Office Address: 3735-8 BEAM RD CHARLOTTE NC 2821.7 Mailing Address: Officers 3735-B BEAM RD CHARLOTTE NC 28217 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3242 http://www.sect-etary,state,nc.us/corporations/Corp.aspx?PiteinId=.10027051 811 /2012 3... -��� - , AA Q¢i NORTH CAROLINA r'V Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF CORRECTION OF MIDLAND-DURBAN, LLC WHICH CORRECTS ITS NAME TO MIDLAND-DURBAN RETAIL INVESTORS, LLC the original of which was filed in this office on the 31 st day of July, 2012. 1N WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal at the City of Raleigh, this 31st day of July, 2012. 9can to verify online. Certification# C201220500054-1 Reference# C201220500054-1 Secretary of State Verify this certificate online at www.secretary.state.nc.us/verification �Vi a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, A.E. Governor Director July 30, 2012 Mr. Carlton T. Burton, PE Burton Engineering Associates 5950 Fairview Rd., Ste. 100 Charlotte, NC 28210 Subject: Request for Additional Information Stormwater Project No, SW3120701 Tractor Supply — Midland, NC Cabarrus County Dear Mr. Burton: Dee Freeman Secretary The Division of Water Quality Central Office received a Stormwater Management Permit Application for the subject project on July 24, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: �1. The company shown in III.1.a. of SWU-101, Midland -Durban Retail Investors, LLC, does not exist in the NC Secretary of State database. Please revise to show the actual legal name of the company the permit will be issued to. Also, William Allen is shown as the Agent. A Manager or Member - Manager for the LLC must sign the application and 0&M Agreements. Mr. Allen could sign if an original letter is signed and submitted by a Manager or Member -Manager of the LLC grants him signature authority to do so. Midland -Durban Retail Investors now exist, previously misspelled. Database udated. r"2. A completed 0&M Agreement must be submitted for the sand filters. Attached 3. Please delineate any wetlands in and around the project; or provide a note on the plans that none exist. ✓0 Note added to sheet CSA that none exist. On the drainage area (DA) map, please delineate a single DA for each sand filter, including the area of the sand filter itself. The DA's currently shown are all sub -basins and do not include the sand °'V� filters. This revised area will need to be reflected in all forms and calculations. /A/ e 11 I -CS P��k Drainage area map shows total to each BMp instead of subareas. /Ifs± �are ✓5. The DA's and impervious areas on the supplement forms and calculations for both sand filters not consistent with SWU-101 and the plans. Please make all consistent. Sand filters were designed for actual. imp. p 10096. Design change for DA at percent ✓ 6. The sand filter designs must account for the ultimate build -out of the DA's for each. Please explain the temporary plug on ST6. Does sand filter #2 account for this larger future BUA and DA of the road and any other BUA? You must demonstrate how this future road will be treated. Design talc & sketch provided for the street extension. See talcs. 7. The excess flows to sand filter #2 will go through DI-M in the forebay. So, what is the purpose of DI-D in the sand chamber? The detail labels it as a WQ Outlet, but the only water quality outlet for Wetlands and Stormwater Branch One 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 NorthCarolina Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 4 FAX: 919-807-6494 Naturally Internet: www.ncwaterquality.org An Equal Oppodunity 1 Af6rmalive Acton Employer Mr. Carlton T. Burton, PE SW3120701 - Tractor Supply - Midland, NC ]ujy 30, 2012 a sand filter is through the sand and into the underdrains. the forebay, not in the sand chamber. DI-M in the sand filter was for emergency flows. Bypassed flows should be at or before It has been removed. —8. The elevation of DI-M is below the 1" treatment volume stage of 506.5'. This should be set at the 1" stage. �-� DI-M was set at the peak stage in the sediment chamber. Grate set at storage vol. ) 9. f The SHWT determination was only done for sand Filter #2. It must also be done within the �/ footprint of sand filter #3. To be sent under separate cover (email) a/10. The max H in the calculations is 1.5', but is shown on the supplement forms as 2.0' for both sand filters. Corrected on both supplemental forms 11. Please consider placing washed stone at the base of the perforated risers to prevent erosion of the weir and lieln filter sediment. Stone placed at the risers on the detail sheets C6 &C7. ''12. A minimum of 2 underdrains is strongly recommended in each sand filter for a factor of safety. 2 drains added to SF#2, SF #3 too small for extra drain Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 30, 2012, or the application will he returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. All revised original signed documents must he returned or new originals must be provided. Copies are not acceptable. Any revised calculations or plans must be sealed, signed, and dated. Please reference the State assigned project number SW3120701 on all correspondence. If you have any questions concerning this matter please feel free to call me at (919) 807-6375, or at robert.patterson@ncdenr.gov. Sincerely, Robert D. Patterson, PE Environmental Engineer Storniwater Permitting Unit cc: SW3120701 File cc: William L. Allen - Midland -Durban Retail Investors, LLC Don Widenhouse -- GATRDO, LLC Brian Wilson, PE - Town of Midland Mike Lawyer- Fayetteville Regional Office Page 2 of 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Gover nor Mr. Carlton T. Burton, PE Burton Engineering Associates 5950 Fairview Rd., Ste. 100 Charlotte, NC 28210 Dear Mr. Burton: Charles Wakild; P.F. Director July 30, 2012 Subject: Request for Additional Information Stormwater Project No. SW3120701 Tractor Supply — Midland, NC Cabarrus County Dee Freeman Secretary The Division of Water Quality Central Office received a Stormwater Management Permit Application for the subject project on July 24, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. The company shown in III.l.a. of SWU-101, Midland -Durban Retail Investors, LLC, does not exist in the NC Secretary of State database. Please revise to show the actual legal name of the company the permit will be issued to. Also, William Allen is shown as the Agent. A Manager or Member - Manager for the LLC must sign the application and O&M Agreements. Mr. Allen could sign if an original letter is signed and submitted by a Manager or Member -Manager of the LLC grants him signature authority to do so. 2. A completed 0&M Agreement must be submitted for the sand filters. Please delineate any wetlands in and around the project; or provide a note on the plans that none exist. 4. On the drainage area (DA) map, please delineate a single DA for each sand filter, including the area of the sand filter itseif. The DA's currently shown are all suh-basins and do net include the sand filters. This revised area will need to be reflected in all forms and calculations. S. The DA's and impervious areas on the supplement forms and calculations for both sand filters are not consistent with SWU-101 and the plans. 'Please make all consistent. 6. The sand filter designs must account for the ultimate build -out of the DA's for each. Please explain the teli-opor ary plug on ST6. Does sand filter 02 account for this larger future RUA and DA of the road and any other BUA? You must demonstrate how this future road will be treated. 7. The excess flows to sand filter #2 will go through DI-M in the forebay. So, what is the purpose of DI-D in the sand chamber? The detail labels it as a WQ Outlet, but the only water quality outlet for Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, worth Garoilra 27604 Phone: 919-807-63001 FAX: 919-807-6494 Internet: www.ncwaierquality.org An Equal Opportunity 1 Affirmative Action Employer None rthCarolina aturali IV Mr. Carlton T. Burton, PE SW3120701 - Tractor Supply - Midland, NC July 30, 2012 a sand filter is through the sand and into the underdrains. Bypassed flows should be at or before the forebay, not in the sand chamber. 8. The elevation of DI-M is below the 1" treatment volume stage of 506.5'. This should be set at the 1" stage. 9. The SHWT determination was only done for sand filter #2. It mist also be done within the footprint of sand filter #3. 10. The max H in the calculations is 1.5% but is shown on the supplement forms as 2.0' far both sand filters. 11. Please consider placing washed stone at the base of the perforated risers to prevent erosion of the weir and help filter sediment. 12. A minimum of 2 underdrains is strongly recommended in each sand filter for a factor of safety. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 30, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-2151 and is subject to enforcement action pursuant to NCGS 143-215.6A. All revised original signed documents must be returned or new originals must be provided. Copies are not acceptable. Any revised calculations or plans must be sealed, signed, and dated. Please reference the State assigned project number SW3120701 on all correspondence.. If you have any questions concerning this matter please feel free to call me at (919) 807-6375, or at robert.patterson@ncdenr.gov. Sincerely, Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: �SW3120701 File' ec: William L. Aiien - Midland -Durban Retail Investors, LLC Don Widenhouse - GATRDO, LLC Brian Wilson, PE - Town of Midland Mike Lawyer - Fayetteville Regional Office Page 2 of 2 DWQ USE; ONLY ate Feceived Fee Paid Permit Number Z r-- 1 Say .S w 31 L a fl Applicable Rul s: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 Ph 11 - Post Construction (select all that apply) ❑ Non -Coastal SW- I-IQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan; State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM Thisfirm nary be photocopied rtr 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 agreements, etc.): Tractor Su I - Midland NC 2. Location of Project (street address): 11855 US Hwy 601 city: Midland County: Cabarrus zip: 28107 3. Directions to project (from nearest major intersection): 760 If North of intersection of NC 24/27 & NC 601 along NC 601 4. Latitude: 35 0 15 , 12.8 " N Longitude:80 a 30 , 0.82 „ W of the main entrance to the project. IL PERMIT INFORMATION: 1. a. Specify whether project is (check one): QNew ❑Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number n/a , its issue date (if known) n/a , and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density [WHigh Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the Stormwater project number, if assigned, n/a and the previous name of the project, if different than currently proposed, n/a 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑NPDES Industrial Stormwater OSedimentation/Erosion Control: 5.01 ac of Disturbed Area 7404/401 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: pending T Fonn SWU-101 Version 07Jun2010 Page c o� 6 Ill. CONTACT INFORMATION a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:##### Midland - Durban Retail Investors, LLC Signing Official &'Title: William L. Allen / Manager b.Contact information for person listed in item la above: Street Address: 3735 Beam Rd Suite B City: Charlotte State: NC Zip. 28217 Mailing Address (if applicable): 3735 Beam Rd Suite B City: Charlotte state: NC Zip: 28217 Phone: ( ) (704) 496-7160 Fax: ) (704) 496-7160 Email: Bill.Allen @ Durbangroup.com c. Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑■ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑■ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:##### GATRDO, LLC / Marvin Widenhouse Signing Official &'Title: Don & Marvin Widenhouse / Owners b.Contact information for person listed in item 2a above: Street Address: 1825 Beckwith Place City, Charlotte State. NC Zip: 28505 Mailing Address (if applicable): P . O _ BOX 126 City: Midland Phone: ( 704 )288-6065 �} Email: dwidenhouse@bel1south.net State: NC Zip: Fax: (-- 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:##### Darren Tuitt / Durban Development, LLC T Signing Official & Title: Development Director b.Contact information for person listed in item 3a above: Mailing Address: 3735 Beam Rd. Suite B City: Charlotte Phone: ( ) (704) 496-7190 Email: Darren.Tuitt@DurbanGroup.com State: NC Zip: 28217 Fax: ( ) (704) 357-0037 Local jurisdiction for building permits: Cabarrus County Point of Contact: Scott Devaux Phone #: ( } 704-920-2129 Form SWU-101 Version 07.1un2010 Page 2 of'6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Water duality treated within sand filters. Volume & peak detention diverted from sand filters to drat detention basin. n/a 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: nla b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph 11 - Post Construction Yk_PK1A/ - 'rl- 1< 7L, F - of 3. Stormwater runoff from this project drains to the - River basin. 4. Total Property Area: 2.60 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) = `I otal Project Area+:2.60 acres i Total project area shall be calculated to exclrrde 111e foltozoixg: the normal roof of impounded structures, the area between the barks of streams and rivers, tire area below the Normal High Water (NHW) line or Mean High Water (MHW) titre, and coastal wetlands landward front the NH1N (or MHVV) litre. The resultant project area is used to calculate overall 17ercent buill up0n area (BLlA). Non -coastal wetlands lard7vard of the NHW (or MHW) litre may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = < 80 % 9. I -low many drainage areas does the project have? 2 (For high density, count 7 for each proposed engineered stormwater BMP. For lou? deusihj and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 2 Drainage Area 3 Drainage Area _ Drainage Area _ Receiving Stream Name AMor--9coA/ GYLiC. Stream Class * C C Stream Index Number * �-,-; — 43a-7— Total Drainage Area (so 83,635 60,984 On -site Drainage Area (so 83,635 60,984 Off -site Drainage Area (so 0 0 Proposed Impervious Area** (so 58,545 45,738 % Impervious Area** total 70 1 75 Impervious** Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 35 023 On -site Streets (so 23,522 On -site Parking (so 0 39,088 On -site Sidewalks (so 0 6,650 Other on -site (so 0 0 Future (so 0 0 Off -site (so 0 0 1'sxisting BUA*** (so 0 0 Total (so: 58 545 45,738 Stream Class and Index Number carr be determined at: lrttl7: 7ortal.rrcderrr.org vel7Aiuhls/csrr/classi rcatiorrs " Impervious area is defued as the built upon area including, brit not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 07Jun2010 ['age 3 of'6 ***Report only that amount of existing BUA that will remain after developtnent. Do not report any existbig BLIA tltal is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Plan measured Projects in Union County: Contact DWQ Central OJJice stufjty check i/ the prn/ect is located within a Threatened cti Endangered Species iratershed that me{), be subject to more stringent storinu•ater requirements us per NCAC 028.0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://portal.ncdcnr.org/��eb/wq/ws/stt/bm},-manual. 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 listed below. A detailed application instruction sheet and BMP checklists are available from dogs. 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 http://portal ncda nr.or„/wek?/wq/tvs/su/maw.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUSTbe signed and initialed in blue ink. Download the latest versions for each submitted application package from does. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. IaUM 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part Vll below) 3. Original of the applicable Supplement Fort-n(s) (sealed, signed and dated) and O&M agreements) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to httl2://www.enviieII2.orizZL),iges/onestol2express.htiiil for information on the Express progran- and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/management 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within'/z mile of the site boundary, include the'/z mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NI-lW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. I. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). Form SWU-101 Version 07Jun2010 Page 4 of 6 n/a i2 c1 fG f GDM for GDM 601L-5 GDM r- r-� IGS GDM GDM 9. Copy of any applicable soils report with the associated SI-1WT elevations (Please identify GDM COL r- 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"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verifif the SHWTprior to submittal, (970) 796-7378.) 10. A copy of the most current property deed. Deed book: 019020 Page No: 320 GDM 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http://www.secretar�:.state.nc.us/ Corporations/CSe,lrcil.,ispx 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 lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from httt7 [/portal.ncdcnr.ort;/a�'ebf wcl/4vs/su/states�v/Forms_docs. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC 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 firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: Carlton T. Burton Consulting Firm: Burton Engineering Associates Mailing Address: 5950 Fairview Road, Suite 100 City, Charlotte Phone: ( 1_704-553-8881 _ -- Email: cburton @ burtonengineering.com State: NC Zip. 28210 Fax. t � 704-553-8860 IX. PROPERTY OWNER AUTHORIZATION (if Cori fact Information, item 2 has been filled out, complete this section) 1, (print or type name of person listed in Contact Information, item 2a) cATRDo,LLC & Marvin widenhouse, certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item ]a) William L. Allen with (print or type name of organization listed err Contact lnforrnation, item 7n Midland -Durban Retail investors, LLC to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version 07Jun2010 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise 1 will be operating a stormwatcr treatment facility without a . permit. l understand that the operation of a stormwatcr treatment facility without a valid permit is a viola on o NC General Statue 143- 5.1 and n y result in appropriate enforcement action including the assessment f civi pcnalti �s t $ 5,0 pee -ay, ursuant to NCGS 143-215.6. Signature: Date: 9 7l a Notary Public for the State of _l�Or"�1, l�Ot�Ai�JnP� County of do hereby certify that-l-lo-OACL personally appeared t}+ before me this t day of �'�` _ 2-011, and acknowledge the due execution of the application for 1 a Stormwater permit. Witness my hand and official seal, �arttgglt.._ ,`ov AN$ 40 SE -AL My commission expires 12 � 5 1 I X. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in Contact Information, itch 1a) William L . Allen certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwa ter ru � - under 15A NCAC 2H .1000, SL 2006-246 (Ph. II -Post Construction) or SL 2008-211. Signature: Date: I,ID LAq a Notary Public for the State of aim O�,County of do hereby certify that W/k f �4! L� _ _ personally appeared before me this Yday of �l2 . and acknowledge the due ex ution of the application for a stormwater permit. Witness my hand and official seal, � o`W4) . ' 4,0 SEAL My commission expires vw Form SWU-101 Version 07Jun2010 Pale 6 of w 4& �� c6 f 1 r i ! ih 4 OrroM� •�''' °j+ratttscss9'h . I �: �ry j.•.t �t . L .5 r i . 4 F , li �:� 3 1 s,.trtu�r,r, r - ' Application Completeness Review q/First Submittal ❑ Re -submittal Date Received: 7 Zq It Date Reviewed Development/Project Name: Receiving stream name , ' r Classii River Basin: L/AY>Y l�_) — P _ r » r C For post-consVuction requirements, a program will be deemed compliant for the areas where it is implementing any of the following programs: WS-I, WS-II, WS-III, WS-IV, HQW, ORW, Neuse River Basin NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nutrient Manaaement Strateav, 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): Latitude and Longitude: 35 90 1 Z. $ N $0 30 0, $ Z w Jurisdiction _, Project Address: t 55 4 -6 01 iAt-a a pia Engineer name and firm: (7 R L 1 D uR-Ta nJ 8uR rr'd #') Phone: 20*--533 — V3e4 Email: C uxfd .a. w oe ,ice J - c4vm Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? es or ❑ ❑ Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets [�-high Density ❑Other ❑ 401/404 impacts to surface waters, wetlands, and buffers (add language to cover letter a d info letter) i�BBUA 17 9 heck for $505.00 included >original signature (not photocopy) on application cK Legal signature (Corporation-VP/nigher, Partnership -General Partner/higher, LLC-member/manager, Agent). Check spelling, capitalization, punctuation: http://www.secretary.state.nc.us/corporations/thepage.aspx If an agent signs the application, a signed letter of authorization from the applicant must be provided which includes the name, title, mailing address and phone number of the person signing the letter. or subdivided projects, a signed and notarized deed restriction statement sealed, signed & dated calculations Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each) ❑ Bioretention ❑ Dry Detention Basin ❑ Filter Strip o Grass Swale ❑ Infiltration Basin ❑ Infiltration Trench ❑ Level Spreader ❑ Permeable Pavement ❑ Restored Riparian Buffer ❑ Rooftop Runoff Management and Filter ❑ Stormwater Wetland ❑ Wet Detention Basin ❑ Low Density ❑ Curb Outlet ❑ Off -Site ❑ NCDOT Linear Road P-/Two sets of sealed, signed & dated layout & finish grading plans with appropriate details V arrative Description of stormwater management provided oils report provided 0. f L � Wetlands delineated or mote on the plans or in the accompanying documents that none exist on site and/or ,adjacent property details for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter; imensions & slopes provided t Drainage areas delineated ❑ Pervious and impervious reported for each ❑ Areas of high density AfO<:gDBMP operation and maintenance a��ements provided ❑ Application complete Q'Application Incomplete Returned: (Date) Comments Add- J�ajn& A1QQo(QJ 7P'OR, 64_ /I___h�,14,, May 5, 2011 Revision, Bill Diuguid I■i name ■mama 1 e 1 ..mean i .mama■. luemmmemu i ■ 5950 Fairview Road, Suite 100 Charlotte, NC 28210 P. O. Box 471943 Charlotte, NC 28247 704-553-8881; fax 704-553-8860 T'� momAdEN& Ad� - - .90000& -gansmmKtal Attention: rRobert Patterson(Brian Lowther From. Glenn Morris Company: Date: U 1126/ 1 L NC NR 217 W. Jones Street Raleigh, NC 27699-1601 via: PedeX .lob #: 487-026 Phone #: 877-623-6748 CC: Re: Tractor Suppty.Company, Town of Midland NC []As RequestedOFor Approva(:]For Your UseElFor Review and Comment Comments: Copies Date Sheets Description 2 Completed Application 1 Application fee, $505.00 1 Stormwater Management Calcs 2 Civil Drawings. � AN /47 d0,� wok a►Al. ry BURTON ENGINEERING A SOCiATES PLEASE NOTIFY AT ONCE IF ALL ENCLOSURES ARE NOT INCLUDED. THANK YOU. Li Patterson, Robert From: Brian Wilson [Publicworks@midlandnc.us] Sent: Friday, July 13, 2012 10:57 AM To: Patterson, Robert Subject: Town of Midland Contact Information Robert, Thank you for taking the time to speak with me this morning. My contact information is: Brian M. Wilson, P.E. Public Works Administrator Town of Midland PO Box 589 4293 NC Highway 24/27 - Suite B Midland, NC 28107 704.888.2232 Ext 12 You may also speak with Richard Flowe's at: Richard Flowe, AICP Planning, Zoning, and Subdivision Administrator 704-888-2232 Ext 17 Mailing and street address is the same as mine. The Project Name is Tractor Supply - Midland, NC, and plans are being prepared by Burton Engineering Associates. The Town is eager for the Project to be built. However, just like DWQ, we take our role as reviewers seriously, and it is our goal to be forward thinking regarding all aspects of land development - including stormwater. If you need any information. from the Town, please let me know and I will be happy to assist in any way I can. Thanks, Brian M. Wilson, P.E. Public Works Administrator Town of Midland PO Box 589 4293 NC Highway 24/27 - Suite B Midland, NC 28107 704.888.2232 Ext 12 1 C201220500054 State of North Carolina Department of the Secretary of State ARTICLES OF CORRECTION SOSI D: 1265498 Date Filed: 7/31/2012 9:16:00 AA1 Effective: 6/21/2012 Elaine F. Alarshall North Carolina Secretary of State C201220500054 Pursuant to §55D-14 ofthe General Statutes of North Carolina, the undersigned entity hereby submits these Articles of Correction for the purpose of correcting a document filed by the Secretary of State. I . The name of the entity is: Mldland-Durban, LLC 2. The type of business entity is: ❑Domestic Corporation, ❑Foreign Corporation, ❑Domestic Nonprofit Corporation, ❑Foreign Nonprofit Corporation, EDomestic Limited Liability Com any, ❑Foreign Limited Liability Company ❑Domestic Limited Partnership, ]Foreign Limited Partnership ❑Domestic Limited Liability Partnership, ❑Foreign Limited Liability Partnership. 3. On the 6th day of June , 20 12 , the business entity filed: Organization Or a a. The following described document: Articles of � KO-1-1Z b. The attached document (Check here if applicable). 4. This document was incorrect in the following manner (specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective): clue to clerical error the name nrthe entity was incomplete 5. The incorrect matters stated in Item 4 above should be revised as follows or the corrected document maybe attached: the correct name of the entity should read: MIDLAND-DURBAN RETAIL INVESTORS, LLC This the � day of V , 20 1Z. Midland -Durban, LLC Name of Entity Signature Type or Print Na e areritle �. NOTES: 1. Filing fee is $10. This document must be filed with the Secretary of State. 2. For effective date of these Articles or Correction, see N.C.G.S. §55n-14. CORPORATIONS DIVISION P,O. BOX 29622 RALEIGH, NC 27626.0622 (RevtsedJanuary 2002) (Form BE-02) i W1902 ra 320 � eaalaltaa miner re ov»In ` ao.00 i 013298 FILED Dpp PAGE 1111 J0 20 P i2' 4(l C11ARLES B. ROSS frCgTFR(IF DEEDS �I �UMA lisa! Estate Excise Tax QUffCLAIM DEED T1iI1S QVMLA5I tf M, Executed this q tl day of 10 ,19 9 7 , byfirstparty, GAUIEW.4 kA. WiDe-kMwt 1 whose post office address Is Po 490 A 12 L,, /!7 i O L A'-' 0 'V C" ,� rro 7 ,to second party, cyRT leap r .%LC whose post officoaddreasis a 49e k,26, mlOtAwa, NC )0/07 WITNESSETH, That the said first party, for good consideration and fortho sum of Dollars ($ S ) paid by the said second party, the receipt wtwwf is hereby acknowledged, does hereby remise, rcicmc and quitclaim unto the said second party forever, all the tight, litle, lnta. oil and cluim which the suit first pugy has in and to the frsllowing described parcel of land, and Improvements and appurtenances Ihercto in the County of C11b6'0f0Q4 VS State of /V047W rAVXnrrM to wit:. 145 7b Exff,6 f /i"' .411 &&—p IN WITNESS WIfF,REU, The said first party has signed and sealed these presena the day and year first above written. Signed. scaled and delivered in presence of: �� pia lit wn � I- }�x� Signa a of Witness Signature of Dust Parry El�n�f ,Srakotl,� L4.1 fin.. M -- WtdEnhcxge Print name of Witness [Tint name of First Party Signature of Witness Signature of first Party Print name of Witness Print name of First Party Staleof .SbUI'I! CAIFL/NA ) County ofLerrmCPJb,4 on pa��''° f'� Al" - before me. appeared L.48AIftJ-4- fx W.104',vrv+vfr personally known to me (or proved to me on the basis of satisfactory evidence) to he the'person(s) whose nanWs) islare subscribed to the within instrument and acknowledged to me that hdshehhey executed the same in his/herAbeir authorized capacity(ics). and that by hi0whheir signatures) on the insuument Ih4 persoo(s), or tho entity upon behalf of which the person(&) acted, ei ccuted the Instrument. V WITNESS my hand and official seal. SI�S'Alure of Notary Affhant �Ktsd n 4QducadFll ✓ (Sail) 06 W IPM ---------------- •-------------------- •__-...._ tt your slate ragotres B 'li x I I' loan@, Cut off the boRam of this page at the dotted line. NOIMI CARD JNA -- CABARRUS COUNTY The foregoing (or annexK ,re rtincnte(+) of to nifled to be cY)rn'ht. This the {A a notary gpublle, ClIARI ti It fyt)y,S�S. REG/IrfSfER OF 17EEDS Asst.fD"" 0 23 EXHIBIT 'A" vo7 1902 PAS: 321 AN u3ldlvloo4 -so% interest in the following doscribed rropertys TRAi:T No. 1 I.ying and oaginq ill No. 10 Township. Cabarhuw County. North Carolina on the Mrrth side of NC Highway 927 atxi on.th.e.Eaat aide of INC. Highway sb an shown by amp by 13. Olen Hawfield, R. L. 6., dated July 30th. 1957,' *hewing artos and bollltds as foilown■ BEOINN1Nu at a point in the center of NC Highway 1I270tsaid point.bei B. BU--41; W 161.5 feet frte a corner of P. A. Chaney lot of O.E►b Arras) an r1ols with r.ent+tr of said highway N. 80-45 E. 1054.0 toot to a point in rwritar of maid highways corner of R. lane Tartar propertyl thence N. 19-•3 F.. h7R.q feet tq' an iron ■takep rnrner of Mr. Tucker'hs p1•opRrtyl thence with F.is Ilia N. 73-R3 W. 1196.2 feet to a point in the center of W. Higi+way M.O1{ thrive with center of W. Highway 0601 S. 17-04 W. 706.0 fee to a point in raid roadl thensa Et. 16-51 W. P93.4 feet to a point in amid 1'oadl thenr_e leaving maid road two calls as followsll 1nt_ N. 80-45 E. B44 fret to -on iron stake; Pnd. S. 16-51 W. 243.4 feet to the HFOINNINOl, rmltatning :'4.7r? err"p, more or lose. 1 E9E1. Ixtwevert that trort of larxi sold by the grwntors Gereiri to M. '.1 Lyles an rarorderl in Hoof; 334, Page 243. Crberrus Courity Ragistl'y. TRACT No. 2 Lying stirs being 11t too. 10 rnwi.ahip, Cabarrus Cou)+tyr North Carolina the Hurthesst ititoraactibn of N. V. Highway 427 aid Q601 end des[t'ihed as followrs 8FOINN1NN at o point in the North edge of N. C. Hwy_ 027 (designated as Letter "rl oil State Map dated Jaiwary 17tht 1966) and rune N. 46-20 E. 103.56 feet to a stake (designated as Letter 00' on amid •ap)l thence N. 14--16 F_ 94.86 feet to an irrnl stake in the edge of N. C. Hwy, 0601' (designated as latter 'E' on said wap)l thence M. B3-33 W. 95.92 fleet to'i Iron, stake; thaso S. 11-•06 W. 179.6 feet to an iron nteka 1n the edge of Ml: Hwy. A871 t1iowe with edge of NC Hwy. 027 N. 8Q-45 E. P3 foot to the it AINNINW. _ . POOR ORIGINAL t' AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREE\II;N'r ("A;reenienl") is made this)-7 day of September 20I1. by and bemecn Durhan Requisitions, LLC ("Buyer"), and Gatrdo, LLC and Marvin G. Widenhouse FOR A'ND INCONSIDERATION Or THE: mUTUAL PROMISES SLT FORTH HERF,IN AND OTHER GOOD AND VALUABLE CONSIDERATION. THE RECEIPT AND SLTFICEENCY OI- WHICH ARC HEREBY ACKNOWLEDGED. THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terns and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each terns. (a} "Brokerts)" shall niean Gallant Properties. LLC as Buyer's Broker. (b) "Closing" shall mean the consumnuniou of the transaction contemplated herein, which shall occur on or before December 30`. 2011 (the "Closing Date"). (c) "Earnest Monev" shall Fncan Two Thousand Five Hundred Dollars (S2,500.00), plus any and all interest accrued thereon, deposited in accordance: with Section 7(a) herein with Chicago Title Company ("Escrow Agent"), 200 South 'Tryon Street, Suite 800, Charlotte. forth Carohna'23202 (A(tention: Scott N•lansfield Phone: 704-375-0700), and to be applied as partial payment of the Purchase ' ' ' ' at C,lo5ilw (�33il e returned to Buyer upon full paytnenl of the Purchase Price), or otherwise disbursed as agreed upon ' [emus of this Agree (d) "Examination Perlo "mean the periodbeginning on the Effective Date (as defined herein) and extending through Closing. Buyer hereby has the i?,rtijinate this Agreement for any reason whatsoever. in its I e d' e n� ally and II extension. []neretn), upon nhich termination the Earnefilo�ney�shall�,,om,�Ilyelmledlo ver a�mitlti­ arty fnereta s na I have an further obligations or liabilities to tJre other he " ' Rezottitlg_('eriad" [ufentionall� lle c e . M "Permitting Period" Intentionally Deleted. (g) "Intended Use" shall mean the use of the Property for the following put}lose: Commercial r Retail. (11) "Property" shall meant that certain property consisting of 2.98 acres, located near the intersection of NC Hwy 601 and INC Huy 21.27, in the City, -Town of N-lidlaad. County of Cabarius. State of North Carolina, belllL a pUr'6011 Of till' Iargcr traCt having the 'Fox Parcel Identification Number(s) of 65>j207i06; as more particularly shown or described on Exhibit A as Buyers Property_ [ached 11 n and incorporated herein by this reference, together will) all buildilius and improvements and fixnrres thereon anc all rights, asennellts all apptsr enance, t lerelo. -rE► ' ' or I't•uperty" shall mean ( payable in cash or cash equivalents at Closing, less any and all Earnest Money applied to the Purchase Price. as directed by Buyer. In the event that any unpaid liens are to be paid out of closing proceeds to Seller, the liens N ill be paid simultatleously at Closing. {j) "Effective Date" shall mean the latter of either (i) the date first appearing at the top of this Agreement. or (ii) the dale of till' last signature by Buyer or Seller on the signature page hereto. Section 2. Proration of L:xpenses and Payment of Costs and Recot'ding Fees. Seller and Buyer agree that Al properly tares. assessments or any assumed liabilities7 if any, shall be prorated on a calendar -year basis as or the date of Closing and that Seller shall pay all agricultural andror roll -bract; taxes, if any, at Closing. In addition to Seller's attorney's fees and other tees customarily paid by Sellers al clo;logs in the locality in which the Property is located, at Closing Seller shall pay for the preparation of the deed, deed stamps, excise taxes, state and local taxes, grantor's taxes and any and all other conveyance fees or taxes. on behalf of Buyer and Seller. Buyer shall pay its attorneys' fees and file costs of any title search, title insurance, sun-ey, and recording costs. Notwithstanding any of the above. both Seller and Buyer agree to pay all fees customarily paid at closing by each party ur the locality in which the property is'located. Section 3. Title. Seller aurees to convey fee simple good and marketable title to the Property by special warranty deed at Closing, subject only to such exceptions acceptable to Buyer in its sole discretion. Seller represents and warrants that Scalier is the fee simple owner of the Property. that Seller bas full authority to coliwey the Property as set forth. herein, and that title to the Property is (or no later IhAn Closing shall be) insurable at commercially reasonable rates, free and clear of all liens and monetary encumbrances ("Monetary Liens"), and all encumbrances. defects and other Matters of title. Section 4. Examination; Conditions: Other Obligations. Seller and Buyer hereby agree to the roflowing with respect to litfr examination. property inspections, conditions. and other obligations: (a) "Title Examination. i3uyer shall have the right but not the obligation to cause a title examination to be made of the Property and, prior to expiration of the Examination Period, to deliver notice to Seller of any objections to such title. (W Delivery and Review of Due Diligence Materials. in telldonally Deleted. (c) Examination of Properh•. During the terns of this Agreement; Buyer, its agents and,'or representatives. at Buyers expense and at reasonable times, shall have the right btu not the duty to cater upon the Property for the purposes of inspecting: examining. performing soil boring and other fasting, surveying and perfornfin� other tests andror inspections or the Property. Buyer snail be responsible for all damage or liability to the extent resultili2 from its aces in exercising its rights under this subsection.. (d) Cooperation. Seller shall reasonably cooperate with Buyer at all times dflring the term of this Agreement, at no material cost or expense to Seller, in'obtaininiz the Perniks, installing any infrasiructure, examining the Property, rezoning file Property, providing the Due Diligence N•latcrials, and othmvise proceeditlg toward C}osin". (a) Easements: Restrictions. To the extent that Seller (or any affiliate or related party of Seller) owns or controls property adjacent to or in the proximity of the Property {"Seller's Rc F]laIFlrll, Property"), and to the extent necessary for Buyer's Intended Use of the Property, Seiler and Buyer shall, prior to Closing, ether into an aryreenlenf in recordable faun providing easements and related ri�,hts belie iti i2 the (2.98 acres) Property for the following: (i) direct and full access to all major ri?hts-of-++'ay in close proximity to the Property. and (ii) construction, maintenance, repair and replacement of (1) roads providing access bervicen the Property and such rights- ot=way, (2) entry and exit points connected to such roads and the Property. (3) utility lines (including without limitation electricity. telephone, Yeas, water, sewer, storm water filtration and drainage, and cable) brought to the boundary lines of the Property. (4) srgnage for the Property. and (S) grading. NotwitlisiandinY_ the aforementioned. nothing contained in this section 4(e) shall require the Seller to perform am' construction of improvements to the property nr Sellers remaining property in conjunction with said casements and/or righm Further. it is agreed that (i) the placement of said easements Contemplated by this Section shall be placed in areas as not to interfere lwiih the development of the remainim, property retained by Seller; (ii) any obligations of Seller under this Section shall be without cost whatsoever to Seller with the exception orally legal fee-, associated with the review of said a_greenlent . Buyer and Seller will execute a reciprocal casement agreement regarding [he use and maintenance of the shared cross parking easement. a thirty foot (307) drive aisle easement Which may be relocated to provide access to the fiuture public right-of-way. easement area for a retention pond for form' (4) parcels and the future public street shown on the Exhibit A attached hereto. Section 5. Environmental. Seller represents and warrants. to tile best of their knowledge. that (i) no portion(s) of Property is,are in violation of any federal. state. local or administrative order or requirement relating ro enviroriniental conditions or hazardous materials; (ii) Meither Seller nor any third party has used. manufactured. generated, treated, stored, disposed ol. or released any hazardous materials on. under or about the Property: (iii) there is, -are no storage tarlk(s) or well(s) (whether existing or abandoned) located on, under or about the Property; and (iv) Seller has received no correspondence or notice(s) From any govemmental department or avency regarding aewal or suspected presence of hazardous materials on the Property. Seller shall keep Buyer promptly informed at all times during the; term of this Agreement with regard to any actual or suspected contamination of the Property by any hazardous niaterials. and will inmlediately fi El ward to Buver any and all con'espondence, reports and,'or documents Seller receives witli respect to the same. In the event (lilt Buyer discovers anv hazardous materials on the Property prior to Closing. Buyer, shall have the right to ternlinare this .' orcenici,t and receive a Cull refund of the Earliest lfonev. In the event any aUo-e�round storage ranks (":SST's") underground storage tangs ("UST's") and/or related contamination are discovered on, in or under the Property. Seller shall immediately (no later than ClosinY) and properly remove and dispose of such AST's. UST's and all contaminated soil and groundwater (as applicable). and such removal and disposal shall be a condition precedent to Buyer's Closing obligations. Section 6. lush of Loss/17:,mane/Condition/Repair. Until the Closing, the risk of loss or damage to the Property, except as otherwise provided herein. shall be borne by Seller. if at arty time prior to Closing the Property is not in the same condition as it was on the Effective Date, or the Property is damaged or altered. or the condition thereof becomes such that the Property cannot be conveyed in a manner that would reasonably allow Buyer to develop the Property for the Intended Use, Buyer may, in its sole: discretion; either: (a) terminate this Agreement. upon which Buyer shall be entitled to all l;arnest i lonev and shall have no ftirther obligations or liabilities hereunder; (b) proceed to Closing and have the right to require Seller to repair such change, damage of alterations to the Property. Section 7. Earnest \•[oney Disbursement/Default. (a) hit iile event this .agreement is terminated by the Buyer within the Examinaiion Period or as otherwise periniiied in this Agreemeril. Seller and Buyer hereby authorize and direct Escrow Agent to refund the: Earnest Nloney dircctly to Buyer alter any and all repair to property, if any. by Buyer has been completed. Escrow Agent shall be entitled to rely on (i) a receipt from Buyer and accepted by seller or the written notice of termination of this Agreerent dated on or before the last day or Elie Hxaminalion Period. or (ii) a ewritlen notice of permitted termination, in accordarice +with Elie terms contained herein, for purposes of disbursing the Earnest iMoney to Buyer and Escrow Agent ,hall be absolved of any further responsibility or liability liereunder. (b) In (lie event that Bayer defaults in any of its obligations undertaken in this Agreement and Seller is not in default of Seller's obligations hereunder, then Seller may provide Buyer with a written notice of Buyer's default. If Buyer does [got cure such det"aunt within fifteen (15) business days after such written default notice, Seller shall have (lie right to terminate this Agreement by written notice to Buyer. upon which termination Seller shall be entitled to receive the Earliest Money as full and agreed upon liquidated damages, and the parties hereto shall be released front further liabilities and/or obligations hereunder (except as otherwise provided herein). Except as may be expressly staled in this Agreement, under no circumstances shall this Affecineni be dceined to have automatically terminated, Seller hereby specifically waives and relinquishes any and all other riYgllts and remedies, at Ian• or in equity, that it may have. including but not limited to Specific performance. (c) In the event of a default or breach, of (lie obliggations. representations or warranties herein taken or made by Seller Buyer may pursue specific performance and/or terminate this Agreement by wriucu notice to Seller, upon which, termination; Buyer sltall Lie entitled 10 receive a hill refund of. and Escrow Agent is hereby authorized to distribute directly to Buyer, the Earnest iNloney and Seller shall be required to reimburse Buyer for all documented expenses, Seller hereby authorizes Buyer to record a memorandum of this Agreement in the public records for the County in which Elie property is located. Section 3. Closing. Seller hereby agrees to sell die Property io Buyer for Elie Purchase Price nt Closing. and Buyer hereby agrees to pay the Purchase Price a( Closing. The Closing shall consist of the execution and delivery by Seller to Buyer of a Special 1Van•auty Deed and other documents customarily executed by a seller in similar transactions, including wi[liout limitation, ail owner's affidavit, lien waiver and a non-forei_ i affidavit. The Closing shall take place at the office of Buyer's attorney or such other place as the parties hereto may Mutually agree. Possession of the Property shall be delivered at Closing, airless otherwise agreed herein. Section 9. Notices. unless othenvise provided herein, all notices and other communications which may be or are required to be givers or made by any party to the other in connection herewith shall be in writim.and shall be deemed to have been properly giver, and received on the date either: (i) delivered in person. (ii) one ( t) day after being deposited with a nationally -recognized overnight courier. (iii) sent via facsimile. as evidenced by an automatically generated confirmation report (provided that gicli notice is also sent via another acceptable method hereunder), or (iv) three (a) days after being deposited in the United States mail. registered or certified, return receipt requested, items (i)—(iv) above being sent to the applicable addresses,'numbers set out below, or at such other addresses numbers as specified by written notice delivered in accordance herewith. Any notices given or made under this Agreement ❑lay bc; given by legal counsel for the party giving such notice. Buver's and Seller'_ respective notice addresses shall be as follows; Seller's 'Notice _address: Bityer's Notice Address (tilust also be sent to Buyer's Counsell: GATRDO. LLC Durban Acquisitions, LLC Johnston_ _Alison & Hord. P.A. P.O. BOX 126, LMIDLAND, NC' 3735-B Bean Road Attn: Robert G. Lindauer, Jr. Phoiw: 704-288-6065 Charlotte, NC 28217 1065 East Morehead Si. Entail: dv,idenhouse a.bellsouilmiet Ann: Collilt Rides C'11a1'10M. North Carolina 28204 And: \•fare in G 1Videnhouse. lS25 Beckwith Place Charlotte, NC 28205 704-23S-3999 (MUM also be sent to Sellers Counsel): Eric A Jonas Sr. 6201 Fairview Rd, Suite 200 Charlotte, NC 23210 Phone: 704-609-1106 Entail: ericC'jonasfauliiy.coni Section 10. Representations and 'Wit•rantie.s, Other Obligations. Seller hereby represents and warrants to and covenants with Silver as follows, the truth and accuracy of such representations or wan-anties being cbltgalions of Seller: (a) Aurhorizatiotl. Seller is duly authorized and has full authority to etuer Into this Agreement and io execute and deliver, all documents required for Closing, This Agreement and all documents to be excemed and delivered hereunder" are and at the tinie of Closinti shall be letal. valid and binding obligations of Seller. enforceable against Seller in accordance with their respective terms. Seller has not granted ally option nr right of first refilsal or first opportunity to any party to acquire any interest in the Property. (b) Compliance. Seller has complied with all applicable laws, ordinances: regulations, statutes, elks artd restrictions pertaining to or affecting the Property. the use and operation of the Property is in compliance with all Laws, and the performance of the Agreement will not result in the breach of; constitute any delaulf under, or result in the imposition of, any lien or encumbrance upon the Property tinder any Agreement or other insu•unient to which Seller is a party or by which Seller or the Property is bound. Use of the Property for Buyer'; Intended Use will not violate any private restrictions, zotlitig or other governmental ordinances or regulations. (c) Condentrintion; Pending Lirfgution. There islare rnti: (i) condemnation(s) affecting or contemplated with respect to the Property; (6) actions, suits or proceedings pending or du•eatened against Seller and/or the Property, and Seller is not aware of any facts that miLht msull in any such action, suit or other proceeding; (iii) chaliQcs contemplated in an): applicable laws. ordinances or restrictions affeclin_= the Property'. mxl'or (Iv) „Overnmemal special assessments. elthc r pending or confirmed. for sidewalk. paving, water, scwcr or other improvements on or adjoining the Property. and no owners' association special assessments. (d) Aecur.icy. All reports and d0CLlllle1lts (including without limitation the Due Diligence Materials) delivered by Seller to Buyer in connection with this Agreement are true, correct and complete copies of such documents, containing no misinformation of material omissions, and arc without material default includhig any default that would arise by notice or the passage of time. (0) Utilities; Infrastructure, Nothing contained in this section 10(e) shall require the Seller io perform any construction of improvements to the property or Sellers remaining property, nor does anything in this Section impose any financial obligation tvltatsoever on Seller, All utilities (including electricity. plione. cable; gas; water; storm water filtration and storm water drainage) currently are. or no Later than Closin;-, shall be, provided to the boundary lines of the Property so that the same shall be available to and readily accessible by Buyer for use thereupon immediately after Closing. The Property has tikll (that IS, ref[ and right teal} and direct access to all rights of way bordering the Property (or the rights of way closest in proximity if none border the Property). There currently is no and previously there has been no burial. abandonment or existence of organic debris, unsuitable soils. man-made materials and/or refuse on any portion(s) of [lie Property. (1) Suhdi•.:siun, Dither (a) the Property currently is a separate and discrete parcel or ,hall be con+•eyed as such at Closing; or (b) if the Prop.;r!,. r: wires subdivisioti and/or recombination in order to be conveyed as a separate and discrete parcel at Closing, Buyer shall have ::.. to so subdivide aiidlor recombine the Property at or after Closing. Seller shall cooperate with any such subdivision and:.-/ r.cutrtr iation. (fig) Agrecm Its Coneeruian Pt•01311211), (2.98 acres). There are no unrecorded written or oral leases or tenancies on or concenling the Pr rperty. e •ept as follows: (if this line is left blank. Sell: r wa[m and represents there are no such leases or tenancies). Except as otherwise specifically agreed herein by Ruyer, to the ester they! : written or oral leases or ienancies on the Properm recorded or unrecorded, all sklch leases or tenancies shall be terminated b%- Seiler and -lie Property shall be completely vacated (including any and all personal property- associated with such leases or tenancies) prior to Closin . During the term of this Agreement. Seller shall not enter into any new lease agreements or other agreemenls or contracts (recorded or ur recorded) concerning the Property, ol1cr to extend or renew any existing leases or contracm or otherwise encumber the Property witlit :it the prior wrhien consent of the Buyer. Section It. Nliscellaneous. (a) Entire A,reentent. This Aareement conatittltes the sole and entire agreement antoni the parties hereto and no modification of this Aareennent shall be binding unless in writing and si(ned by all parties hereto. '•love to raise (b) Survival. All representations. wari'anties, covenants and agreements made by the parties hereto shall be reasserted is Closing and shall survive Closing. Seller shall, at or within one (1) year after Closing, and without further consideration, execute, acknowledge and deliver to Buver such other tlocunents and instruments. and take such other action as Buyer may reasonably request or as may be necessary to more effectively complete Closing and to fulfill the obli,tltion act forth herein, this provision to surVire Closin,. (c) Applicable Latin. -This Agreement shall be construed under the lags of the Slate North Carolina. (d) Calerllatltlln of Time Periods. When computing any period of time described in this .Agreement. in the event the last day of the period so computed falls on a Saturday, Sunday. bank or Ic_al holiday under the laws of the State of North Carolina. the period shall run until the end of the nest day which is neither a Saturday, Stmday. bank or legal holiday. The final day of any such period shall be deemed to end at 11:59.59 pill eastern time. (c) Broker's Commissions. Seller shall be responsible for paying oil of Its proceeds at Closin- a bi-okera-e commission equal to Five Percent (3'io) of the Purchase Price to the brokers listed in Section l as set forth in a separate agreement executed simultaneously llcrewilll. Buyer shall not be responsible for paying brokerage commissions and Buyer and Seller each hereby represent that, except for the brokers listed above. there are no other brokers involved or that have a riuht to proceeds in this transaction. (f) Force Majeure. In rite evem that Bayer or Seller shall be delayed, hindered in or pre%-ented from perfolming any act required hereunder by reason of weatler-related delays_ natural disasters, strikes; lockouts: inability to procure permits, railure ofpower, restrictive trovennnental laws or regulations; civil commotion. riots, insurrection; war, acts of God, file, unavoidable casualty, the discovery and,'or removal of any Hazardous Materials on or from the Property or any other reason of a like nature not the fault of. or within the reasonable ::ontrol of, Buyer or Seller ("Force Majeure"), then perforinauce of such act shall be excused for the period of the delay and the period allowed for the performance of such act shall be extended for a period equivalent to the period of such delay. (g) Assignment. Buyer may freely assign this Agreement at any time or times without the consent or Seller. Buyer is to notify Seller. in writbig, or any assignment within 5 business days of such assignment. (h) Counterparts; Signatures. This Agreement may be executed in counterparts andior with counterpart signature pages, all of which together shall constitute a single agreement. Electronic facsimiles of signatures shall be acceptable and bindin'g,. Section 12. Confidentiality. Seller to the best of its ability hereby agrees that, during the terin of this Agreement. Seller. its aaeitts, employees, directors, officers. maii—mers and shareholders/members, shall keep all details or this transaction conlldential, including without limitation the Purchase Price and any ;Ind all tenant information; provided that Seller may disclose such inromalion only as necessary to Sellers acconnams. attorneys, lenders and professional advisors, So lout!, as such parties also commit to keeping such infornia[ion confidential. Section 13. Offer/Execution Necessary. This agreement shall be regarded as an offer by Buyer to Seller and is open for acceptance by Seller until 5 p.in. on the 30th day of September, 2011, by which time a copy of this Agreement executed by Seller must have actually been received by Buyer. In the event that Buyer does not receive a cony of [his Agrzennent executed by Seller by said tinhc and date, this Agreement shall be null and void and of no further force or effect, and neither Buyer nor Seller shall have ally further riC,hts or obligations hereunder. and the Earnest Nlonev, if any, delivered hereunder shall be immediately retuned to Buyer. This Agreement shall not be binding upon Seller or Buyer until hilly executed and delivered by duly authorized representatives of Seller anci Buyer. SIGNATURE PAGE TO AGRi E IENT FOR PURCHASU AND SALE OF RI_AL PROPERI `. 'PHIS DOCl-}NTENT IS A I.EGAT_ DOCUMENT. FXECUTION OF TRIPS DOC UMHNT iIAS LEGAL. CON SFQUENt'E:S'I"HXl' COULD BE ENFORCEABLE iN A COURT OF EAW. BUYER: Durban requisitions, LLC 13y-* kwj, (SEAT_) Title: lana"er Date: II r S EI,LFR: Individual: __. (SI-A1 .] Print,N'ame: _Marvin G Widenhouse Date: Print Name: Date: f '� -26 l Business Entim _._..:..-....._...^_ (Ciirtlrly, LLCj �C vi By: -- - - Name: Title: j Tate: �� -2-0 l fV The undersigned hereby acknowledges receipt of the Earnest Money set forth herein acid agrees to hold said Earnest Money its accordance With the terms hereof. Date (Chicago Title.) By: Notwithstanding anything to the contrary in this Agreement, Escrow Agent shall have no liability hereunder. and Buyer and Seller shall indemnify and hold harmless Escrow Agent, for any action or inaction of Escrow Agent unless the same constitutes willtitl misconduct or gross negligence. Escrow Agent shall not incur any liability with respect to (i) any action taken or omitted to be taken in ozood faith upon advice of counsel given with respect to any questions relating to duties and responsibilities, or (ii) to any action taken or omitted to be taken in reliance upon any documents. including any wrilten notice of instruction provided for in this Agreement, not only m to its execution and the validity and effectiveness of its provisions. but also to the troth and accuracy of any information contained therein. which Escrow Agent shall in good faith believe to be uenuine, to be signed or preseutcd by a proper person or persons and to conform with the provisions of this Agreement, In the event any, party to the transaction underlying this Agreement shall tender any performance after the time when such performance was due: Escrow Agent stay proceed under this Agreement unless one of the parties to this Agreement shall gii a to the Escrow Agent written direction to stop further performance of the Escrou> Agent's hinctions hereunder. In the event written notice of default or dispute is given to the Escrow .agent by any party. or if- Escrow Agent receivea cu �lrary Whitten instructions front any party; then Escrow Agent will promptly notify all other parties of such notice. 'Thereafter, Escrt .v Agent will decline to disburse funds or to deliver any instruutent or otherwise continue to perform its escron• functions, ex,: -.-Pt til-, receipt of a mutual written agreement of the parties or upon an appropriate order of court. in the event of a dispute; the Escrow Agent is wthorized to deposit the escrow into a court of conipetent ,jurisdiction for- a determination as to the proper disposition of said funds. [n - ae event that the funds are deposited in court; the EscrowAgent shall be entitled to file a claim in the proceeding for its costs and counsel - 'es. if any. N. fd , EXHIBIT A