SW7070217_HISTORICAL FILE_20140703

NORTH CAROLINA
Department of Environmental Qua

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 11LIO —(
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
c
YYYYM M DD

1
C4
JOHN G. TRIMPI
'Email [e-mail]
1"
a
Samir Dumpor, P.E
TRIMPI & NASH, LLP
ATTORNEYS AT LAW
200 NOR'I'N WX1'RR STRF1`1'. SUITF 2A
FLIY,AubTI I UIT, NC 27909
T@:Lha'I LONE (2.52) 338-0104
TELFCOPWR [phone]
July 2, 2014
THOMAS P. NASH, IV
Email [e-mail]
L - V V
3 North Carolina Department of10 �U L _ 3 2014
= A Environment and Natural Resources
943 Washington Square Mall
<- 3 Washington, NC 27889 [)W � ARO
A `( is
" Re: Notice of Deficiency
y NOD-2014-2C-0124
Permit No. SW7070217
Proposed Walgreen's and future business sites,
Elizabeth City, Pasquotank County, NC
3 r ��Dear Mr. Dumpor:
fS ` Reference is made to the above Notice of Deficiency and your
<o letter to Rich, Rich & Phillips dated June 4, 2014. You may
�* recall that you and I spoke by telephone on June 9, 2014 regarding
the Notice of Deficiency and at that time, I advised you that my
� 11=4-� � client had sold the various properties to Walgreen's, Chick Fit A
j s and Tanera Bread and had no further responsibility regarding the
lj),'>- prop rty.
an
d (- engineerewithrVanasse sHangen Bru tlin t Idnc.e wwho appaently wassthe
professional engineer in charge of the Panera Bread project. He
o o =Yin tern provided his response to me and I am herewith forwarding
o his entire response including attachments to you. Included in his
u) -� response is a copy of the deed restrictions which are contained in
A "S° the Deed from Rich, Rich & Phillips to Panera, LLC recorded in
Z Book 1159, Page 749, Pasquotank County Registry.
d °J In addition, I am herewith enclosing a copy of the Reciprocal
n
Ease ent Agreement with Covenants, Conditions and Restrictions
J �reco ded in Book 953, Page 427, Pasquotank County Registry
together with the First Amendment to Declaration of Reciprocal
s +dJL�Ease ents with Covenants, Conditions and Restrictions recorded in
BookI1101, Page 63, Pasquotank County Registry. As you can see,
vdthes documents provided that the three owners, Walgreen's, Chick
Fil �A and Panera Bread shall jointly be responsible for the
f oper tion and maintenance in good order, condition and repair of
ythe ater detention and drainage facilities, the expense for which
shal be allocated to each owner in the same proportion as the
gros acreage of such owner's tract bears to the gross acreage of
J # :the otal acreage. f /, f (Zi cL• �c
k
� j� L✓A

`.,- �.-- J L .
.". . ,i -.
l-,7

Mr. Samir Dumpor
North Carolina Department of
Environment and Natural Resources
July 2, 2014
Page Two
I have forwarded Mr. McClain's letter of June 4t° directly to
Panera Bread as I believe it is their responsibility for
coordinating the maintenance and upkeep of the drainage pond
itself in conjunction with Chick Fit A and Walgreens.
After you have had an opportunity to review the attached
response, I would respectfully request that you give me a call so
that we may discuss any remaining issues included in Mr. McClain's
Notice of Deficiency.
Thanking you, I remain,
Very truly yours,y� /�
Gt+W�G"Y
Thomas P. Nash, IV
cc: Client (w/enc.)
Patrick E. McClain, P.E. (w/enc.)
North Carolina Department of
Environment and Natural Resources
943 Washington Square Mall
Washington, NC 27889
K. Kelly Holloman, P.E.
Vanasse Hangen Brustlin, Inc
Two Columbus Center
4500 Main St. #400
Virginia Beach, VA 23462
Panera Bread
3630 S. Geyer Road #100, St. Louis, MJ 63127
TPN/seh
Enclosures

A17ACHMENT 1
NCDENR Transmittal
UM

Arn,Ar''
'rf'�p / bNeffrewf0suff/
Two Columbus Center
Tnn, ,,anion 4300 Main Sireet, Suite 400
Lard Denlopw+ni Virginia Beach, Virginia 23462
Envimnmrnlal6errice. Telephone [phone]t32
Fax [phone]
— .,hb.cmn
To: Patrick McClain, P.E.
NC DENR
943 Washington Square Mall
Washington, NC: 27889
We are sending you: ❑ Attached
❑ Shop drawings ❑ Prints ❑ Plans
❑ Other
TRANSMITTAL
Date: 01/07/2013
VHB
Project No.: 33607.01
Re: Panera Elizabeth City
E and S Permit Express Review Submittal
❑ Under Separate cover via Regular Mail the following items:
❑ Diskettes ❑ Specifications ❑ Copy of Letter ❑ Change Order
Copies
Date
No.
Description
3
Plans
I
Application
I
Crass reciprocal easement with Chic-Fil-A
t
Application fee of $630.00
These are transmitted as checked below:
❑
For approval
❑
®
For your use
❑
❑
As requested
❑
❑
For review and comment
❑
❑
Returned prints on loan to VHB
Approved as submitted
❑
Approved as noted
❑
Return for corrections
❑
For bids due
Resubmit
Copies for approval
Submit
Copies for distribution
Return
Corrected prints
REMARKS: Plan has been modified as to no longer requireimprovements on the Albemarle Hopeline property.
VHB agrees to provide materials to the Client stored electronically. The Client recognizes that data, plans, specifications, reports, documents, or other
information recorded on or transmitted as electronic media, including, but not limit to, CADD Documents (together, "Electronic Documents") are subject to
undetectable alteration, either intentional or unintentional, due to, among other causes, transmission, .conversion, media degradation, software error, or
human alteration. Accordingly, the Electronic Documents are provided to the Client for informational purposes only and not as an end product. VHB makes
no warranties, either express or Implied, regarding the fitness or suitability of the. Electronic Documents.
The Electronic Documentsare instruments of professional service, acid shall not be used, in whole or In part, for any project other than that for which they
were created, without the express written consent of VHB and without suitable compensation. to VHB. Accordingly,. the Client agrees to waive any and all
claims against VHB resulting In any way from the unauthorized alternation,misuse or reuse of the Electronic Documents, and to defend, indemnify, and hold
VHB harmless for any claims, losses, damages, or costs, including attorney's fees, arising out of the alteration, misuse or reuse of any Electronic
Documents.
Copy to: File
By: K. I lolloman

ATTACHMENT 2
Deed of Transfer
"" 7
Y J

BOOK
PAGE 749(4)
91111IIIIIIIII IVWIIV
This document presented and filed:
12/14/2(12 02.02:17 PM
„
JOYCE W. PRITCHARD, Pasquotank County, NC
Excise Tax: $900.00
Excise Tax: ti�
v
PASQUOTANK COUNTY
Deed number
Transfer tax: 1
Delinquent tax V' o.—
An')
Pasquotank County Assessors Office
NORTH CAROLINA LUMTF.D WARRANTY DEED
Parcel identifier No. 8913-09067378 Verified by County on the _ day of 20
By;
Mail/Box to: Slutzky. Wolfe &-Bailey. LLP 2255 Cumberland Parkway Bldg.1300, Atlanta,.GA.30339
This instrument was prepared by: Trimpi & Nash LIP 200 N. Water Street #2-A Elizabeth City NC 27909
NO TITLE WORK REQUESTED OR PERFORMED BY PREPARER
Brief description for the index: Minor Subdivision of Tract I, Plat of Rich Rich & Phillips
THIS DEED made this 7'h day of November, 2012 by and between
GRANTOR
Rich, Rich && Phillips, a North Carolina
General partnership
1468 Carolina Avenue
Washington, NC 27889
Panera, LLC, a Delaware
limited liability company
3630 S. Geyer Road, Suite 100
St. Louis, MO 63127
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all
that certain lot or parcel of land situated in the City of Elizabeth City, Elizabeth City Township, Pasquotank
County, North Carolina and more particularly described as follows:
See Exhibit"A attached hereto and made a part hereof
This instrument is prepared by Thomas P. Nash, IV, a Ilcensed North Carolina attorney. Delinquent taxes, if
any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 976, Page 373,
Pasquotank County Registry.
NC Bar Association Form No. 6 0 111 /2010
Printed by Agreement with the NC Bar A.nsociation

All u a portion of the property herein conveyed _ includes or x does not include the primary residence of a
Grantor.
A map showing the above described property is recorded in Map Book 53,.Page 9, Pasquotank County Registry,
TO HAVE AND TO BOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received,
and Grantor will warrant and defend the title against the lawful claims of all persons claim Ing by, under or through
Grantor, other than the following exceptions:
Permitted Title Exceptions listed on the attached Exhibit "S"
Easements, restrictions, rights of way of record, public service utility easements, if any.
Ad valorem taxes for 2012 and all subsequent years..
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
By:
On
STATE OF NOR I CAROLIt A
COUNTY OF Ar0 ,
1, Sha nG W.• Porker a Notary Public, do hereby. certify that Robert7. Rich and
Charles M. Phillips personally came before me this day and acknowledged that they are the general partners of
Rich, Rich & Phillips, a North Carolina general partnership, and that they as general partners of Rich, Rich & Phillips,
being authorized to do so, executed the foregoing instrument on behalf of said partnership and as the act ofRich, Rich
& Phillips.
Witness my hand and official stamp or seal this ,-,�g��day of November, 2012,
1 C2i72Q u) 1, UL
Notary Public Signature
5» tV, Pryrker"
Notary Public Typed or Printed Name
My Commission expires:
NC aar Association Form No. 60 1/I2010
Printed by Agreement with the NC Bar Association
NOTARY
pVBLIC

Exhibit "A"
Lying being and situate in Pasquotank County, North Carolina and being more particularly described as
follows:
Being all of Tract 1-B, consisting of 2.1225 acres, as shown and delineated on a survey prepared by
Horton and Dodd, P.C., Surveyors, Engineers & Planners and entitled, "Minor Subdivision of Tract 1",
dated September 27, 2010 and filed on October 1, 2010 in Map Book 53, Page 9, Pasquotank County
Registry.
Being a portion of the property conveyed to Rich, Rich & Phillips, a North Carolina General Partnership
by Deed dated June 6, 2007 filed in Deed Book 976, Page 373, Pasquotank County Registry.
Also described as:
Beginning at an iron rod found on the north right-of-way line of West Ehringhaus Street, thence N 35'
59'54" W, 238.58 feet to an iron rod found; thence N 05e 55" 04' W (Passing through nails found on the
same bearing at 131.56 feet and 146.35 feet), 161.44 feet to a nail found, said nail found being in the
centerline of the abandon right-of-way of Rum Quarter Road (said centerline of Rum Quarter Road being
described as the boundary line in M.B. 5,P.C. 16 and M.B. 44, PG. 2); thence along said centerline of
abandoned right-of-way of Rum Quarter Road, N 83° 48' 35" E, 11.31 feet to a nail found; thence long
said centerline of abandoned right-of-way of Rum Quarter Road, N 70' 04' 47" E; 228.47 feet to an iron
rod found; thence S 19' 55" 13' E, 65.01 feet to an iron rod found; thence S 04' 23" 59' E, 53.53 feet to
an iron rod found; thence S 34' 57' 48" E, 206.06 feet to a nail found in the north right-of-way of the
aforementioned West Ehringhaus Street; thence with the right-of-way line of West Ehringhaus Street S
55' 02' l2" W (passing through an iron rod found on the same bearing at distance of 1531.37 feet),
250.52 feet to the point of beginning.
Said parcel as described above containing 92.457 square feet or 2, t225 acres.
NC Bar Association Form No.6 m 1/12010
Printed by Agreement with the NC Bar Association

EXHIBIT "B"
PERMITTED TITLE EXCEPTIONS
1. Taxes and assessments for the year 2013 andsubsequent years, a lien not yet due and payable.
2. A plat entitled "ALTA/ACSM Survey of Tmct 1-B (D.B. 976, PG 373) (M.B. 53, PG. 9) for Rich, Rich &
Phillips, a North Carolina General Partnership," Project Number 12049.T.0, dated August 16, 2012 by
TimothyS. Campbell, P.L.S, of TC Surveying, P.L.L.C., reveals the following matters:
(a)
Utility pole along the Northern property line;
(b)
Guy wires along the Northern and Southern property lines;
(c)
Transformer along the Eastern property line;
(d)
Sign along Southern property line;
(e)
Water vault. along Southern property line
(f)
6-foot chain link fence within the northern portion of subject property.
3. Reciprocal Easement Agreement with Covenants, Conditions and Restrictions by and between Christopher
B. McLendon, Exchange Accommodation Titleholders for Rich, Rich.and Phillips and Elizabeth City
Development recorded in Book 953, Page 427 of the Pasquotank County Registry, reference being made to
the records thereof for the full particulars; as amended by that First Amendment to Reciprocal Easement
Agreement With Covenants, Conditions.and Restrictions recorded in Book 1101, Page 63.
4. Easements, Setback Lines and any other facts shown on that Plat in Map Book 2, Page 33, Map Book 5,
Page 16, Map Book 16, Page 8, Map Book 44, Page 2 and Map Book 53, Page 9, all of the Pasquotank
County Registry, reference being made to the records.thereof for the fiillparticulars. The plats reveal:
(a) storm drainage easement;
(b) perpetual Rum Quarter Road easement
(c) existing 60-foot perpetual easement for utilities centered on the Nor -them property line.
5. Right(s) of Way Agreement in favor of State Highway and Public Works Commission as recorded in Book
145, Page 242; and Book 197, Page 261, all of the Pasquotank County Registry, reference being made to the
records thereof for the full particulars.
6. Perpetual Easement by and between Winslow Foundation, et al and the City of Elizabeth City recorded in
Book 328, Page 422 of the Pasquotank County Registry, reference being made to the records thereof for the
full particulars.
7. Perpetual Easement by and between Cora B. Buell, et at, and Elizabeth City Development Company, LLC
recorded in Book 953, Page 409 of the Pasquotank County Registry, reference being made to the records
thereof for the full particulars.
NC Bar Association Form No. 6 © 1/12010
Printed by Agreement with the NC Bar Assaciaion

ATTACHMENT 3
NCDENR Plan Receipt Acknowledgement

A0A.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
January 10, 2013
LETTER OF RECEIPT OF EROSION CONTROL PLAN
Via e-mail only
Mr. Kelly Holloman, PE
Vanasse Hangen Brustlin
4500 Main Street, Suite 400
Virginia Beach, Virginia 23462
RE: Erosion and Sedimentation Control Plan No.: Pasqu-2013-006
Project Name: Panera Bread
Location: W. Ehringhaus St. County: Pasquotank
River Basin: Pasquotank Acres: 1.4
Date Received by LQS: January9, 2013 PlanType: New
Dear Sir or Madam:
This office is in receipt of the draft erosion and sedimentation control plan (plan) and your check
no. 2004 in the amount of $ 130.00 as the plan review fee for the referenced project.
To expedite the approval process, we have performed a preliminary review of the plan and
determined that additional information, as indicated on the attached checklist, must be submitted -
To facilitate the review, the requested. information must be received in this office by January 18,
2013. The receipt of additional information will not ensure approval of the plan. Failure to
meet the indicated deadline could result in plan disapproval.
Commencement or continuation of a land-d-isturbing activity under the jurisdiction of this Act
prior to the approval of an erosion and sediment control plan is a violation of the Act and subject
to an initial and/or daily civil penalty assessment of up to $5000. If you have questions please do
not hesitate to contact me at the address or telephone listed below. Your cooperation in this
matter is appreciated and we look forward to working with you on this project.
Sincerely,
Patrick H. McClain, PE
Regional Engineer
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: [phone] / FAX: [phone]
Internal: htlp://portal.nedenr,orglweb4r4and-quality
An Equal Opportunity / Affirmative Aclion Employer- 50%Recycled/10% Post Consumer Paper

PROJECT NAME: PANERA BREAD
PROJECT NUMBER: PASQU-2013-006
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES - LAND QUALITY SECTION
PRELIMINARY REVIEW CHECKLIST EROSION & SEDIMENTATION CONTROL
PLAN
To expedite the approval process, a cursory review of your submitted Erosion Control Plan
has been made and has shown the need for additional information as specified below.
Upon receipt of the required information, a detailed review of the plan will be made and an
approval or disapproval will be issued.
XXX Working on land not controlled by developer. Provide letter of authorization from
affected landowner allowing both submission of E & S plan & grading activity.
XXX Copy of latest recorded deed(s) for project area.
The watersheds for each pipe, ditch, swale and channel section must be clearly
shown and identified on a revised drawing to correspond with the calculations.
XXX A typical cross-section or construction drawing for the following must be
provided:
Project Roads
Ditch, channel and/or swale
Sediment Basin or check dam
xxx Silt fence installation
xxx Temporary sediment protection for catch basin, curb or drop inlet
Pipe energy dissipators (aprons)
Ditch, swale, or channel liners
xxx Construction entrance pad
_ Lakes, ponds, dikes, berms, etc.
xxx Other: SHEET C2.01 NOT INCLUDED IN PACKAGE
Locations and proposed treatments of offsite borrow or waste areas
Note to be included on plans stating — Provide a groundcover (temporary or
permanent) on exposed slopes within 21 calendar days following completion of
any phase of grading; and, a permanent groundcover for all disturbed areas
within 15 working days or 90 calendar days (whichever is shorter) following
completion of construction or development.
XXX Seasonal seeding and mulching specifications, both temporary and permanent,
including rate and time of application.
PLEASE RESPOND BY: JANUARY 18, 2013

ATTACHMENT 4
NCDENR Erosion and Sediment Permit

- ��a:l�In:N�h'��+
i
►�.®®_gggg�� JAN 21 2013
NODE ' R VANASSF IIANBF.N BRUSTL
North Carolina Department of Environment and Natural Resource UtBBINIA BEACH,VA
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla,lll„ Secretary
January 17, 2013
LETTER Or, APPROVAL WITH MODIFICATIONS
Panora, LLC
ATTN: Mr. Greg Johnsen, Sr. Development Project Manager
3630 S. Geyer Street, Suite 100
Sunset Hills, Missouri 63127
RE: Erosion and Sedimentation Control PlanNo.: Pasqu-2013-006
Project Name: PaneraBread
Location: US 17 Business County:.Pasquotank
River Basin: Pasquotank
Date Received by LQS: January 9, 2013
Acres Approved: 1.4 Project Type: New
Project Description: Grading associated with construction of a commercial facility
including realignment/construction of the site accesses.
Dear Sir:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable and hereby issue this Letter of Approval with Modifications. The modifications required
for approval are listed on the attached page. Tiris plan approval shall expire three (3)years following
the date of approval, if no land -disturbing activity has been undertaken, as required by 15ANCAC
4B.0129, unless modified by other legislation.
Please be advised that 15A NCAC 4B.0118(a) requires that a copy of the approved erosion and
sedimentation control plan be on file at the job site. Also, you should consider this letter as giving the
Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure compliance with
the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring
protection of existing natural resources and adjoining properties. If, following the commencement of
this project; it is determined that -the erosion and sedimentation control plan is inadequate to meet the
requirements of the Sedimentation Pollution Control Act of 1973 (G.S. 113A-51 through 66), this
office may require revisions to the plan and implementation of the revisions to ensure compliancewith
the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
}eater quality laws, regulations and rules. M addition, local city or county, ordinances or rules may
also apply to this land -disturbing activity. This approval does not supersede any other permit or
approval
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: [phone] / FAX [phone]
Internet: htlp1/v my.porlal.ncdencorg,4ieblInland-quality
An Equal Oppodunlly / Affirmative Action Employer. 50%Racyclectlft Past consumer Paper

Pauera, LLC
A'fTN: Mr. Greg Johnsen, Sr. Development Project Manager
January 17, 2013
Page 2
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility/Ownership Form, which you have submitted. You are required to file an
amended form if there is any change in the information included on the form. NOTE: Neither this
approval nor the financial responsibility/liability cited in it automatically transfer with a change in
project ownership.. In addition, 15ANCAC 4B.0127(c) requires that you notify this office of the
proposed starting date for this project (using the enclosed. Project Information Sheet). Please notify
us if you plan to have a preconstruction conference.
Please be aware that your project will be covered by the enclosed NPDES General Stormwater
Permit NCG010000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed permit.
Sincerel
U
Patric .McClain, , PE PE
Regional Engineer
Enclosures
cc w/o one: Kelly Rolloman, VanasseFiangenBrustlin
Amy Adams, Regional Supervisor, Division of Water Quality

Erosion and Sedimentation Control Plan No.: Pasqu-2013-006
Project Name: Pancra Bread
January 17, 2013
MODTHCATIONS
Page A
1. ASTHEDECLARED IRE, SPONSI.BLEPAR'fY,YOURLEGALRE' SPONSIBILMis
to understand the Act and comply with the followingminimum requirements of the Act:
A. In the event of a conflict between the requirements of the Sedimentation Pollution
Control Act, the submitted plan and/or the contract specifications, the more restrictive
requirement shall prevail;
B. The land disturbing activity shall be conducted in accordance with the approved
erosion and sedimentation control plan;
C. The LATEST APPROVED erosion and sediment control plan will be used during
periodic unannounced inspections to determine compliance and a copy of the plan
must be on file at the job site. If it is determined that the implemented plan is
inadequate, this office may require the installation of additional measures and/or that
the plan be revised to comply with state law.
D. All site revisions, including those required by other local, state or federal agencies,
which affect site layout, drainage patterns, limits of disturbance and/or disturbed
acreage must be submitted to this office for approval a minimum of 15 day prior
implementing the revision;
E. Revisions exceeding the approved scope of this project without this ofiias prior
approval of the plan showing the changes can be considered a violation. Failure to
comply with any part of the approved plan or with any requirements ofthis program
could result in appropriate legal action (civil or criminal) against the financially
responsible party. Legal actions could include Stop Work Orders, the assessing of a
civil penalty of up to $5000 for the initial violation and/or a civil 'penalty of up to
$5000 per day for each day the site is out; of compliance.
F. The CERTIMATE OF PLAN APPROVAL, must be posted at the primary
entrance to the job site and remain until the site is permanently stabilized
G. In cases of natural disaster related changes to the proposed land disturbing activity, all
appropriate actions and adequate measure installations may be performed to prevent
sediment damage, prior to submitting and receiving approval of the revised plan. A
revised plan must be submitted for approval as soon as possible, but no later than 15
days after all emergency actions have been performed;

Erosion and Sedimentation Control Plan No.: Pasqu-2013=006
Project Name: Panera Bread
January 17, 2013
MODIFICATIONS .
Page B
H. Erosion and sediment control measures or devices are to be constructed and/or
installed to safely withstand the runoff resulting from a 10 year storm event (25 year
storm event in High Quality Zones). The 10 year stonn event is generally equivalent
to a storm producing 6.5 - 7 inches in 24 hours or at the rate of 6.5 - 7 inches in 1
hour, depending on the location of the project within the region;
1. No earthen material is to be brought on or removedfromtheproject site, untilthe off -
site borrow and/or disposal sites are identified as part of the erosion control plan. If
an off -site borrow and/or disposal site is to be utilized, submit the frame and
identification number (L&SCP# or Mine Permit 9), prior to use.
A buffer zone, sufficient to restrain visible sedimentation within the 25% ofthe width
closest to the land disturbance, must be provided and maintained between the land -
disturbing activity and any adjacent property or watercourse.
K. In order to comply with the intent of the Act, the scheduling of the land -disturbing
activities is to be suchthat both the area of exposure and the time between the land
disturbance and the providing of a ground cover is minimized.
L. Unless a temporary, manufactured, lining material has been specified, a clean straw
mulch must be applied, at the rnininmm rate of 2 tons/acre, to all seeded areas. The
mulch must cover at least 75% of the seeded area after it is either tacked, with an
acceptable tacking material, or crimped in place.
M. New or affected cut or filled slopes must be at an angle that can be retained by
vegetative cover or other adequate erosion -control devices or structures appropriate,
AND must be Provided with a ground cover sufficient to restrain erosion within
(ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR
is it an ACCEETAIBLE substitute for the providing of a temporary ground cover).
M A permanent ground cover, sufficient restrain crosion, must be provide withinthe
shorter of 15 working or 90 calendar days (if in a High Quality Zone, the shorter of
15 working or 60 calendar days) after completion of construction or development on
any portion of the tract (ANNUAL RYE GRASS IS NOT in the APPROVED
seeding specifications NOR is it an ACCEPTABLE substitute for the providing ofa
nurse cover for the permanent grass cover).

Erosion and Sedimentation Control Plan No.: Pasqu-2013-006
Project Name: Panora Bread
January 17, 2013
MODIFICATIONS
Page C
O. All sediment and erosion control details for this project must conform to the standards,.
as shown in the current jrosion k Sediment Control Planning and Design Manual;
These details must be utilized for construction and incorporated in the plan. The
Design Manual may befound on-line at: httn://portal nedenr.QrgLeb/Ir/publicat!ons
2. Adequate and appropriate measures mist be properly installed downstream, within the limits
of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of
disturbance, entering existing drainage systems, impacting an on -site natural watercourse or
adjoining property

ATTACHM ENT
Walgreen's SW Permit

State Stormwater Management Systems
Permit No. SW7070217
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
Rich, Rich, & Phillips, General Partnership
ProposedtWalgir"eens & Future Business Sites, Elizabeth City, NC
Pasquotank County
FOR THE
construction, operation and maintenance of a wet detention basin in compliance with the provisions of
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 March 8, 2017 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 I.& on page 3 of this permit. The stormwater controls have been designed
to handle,the runoff from 4.59 acres of impervious area. The off-site/future development is
required to -submit an Off -site Stormwater Permit application and receive a State Stormwater
Permitprior to developmenf.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit. The runoff from all built -upon area within the permitted
drainage areas of this project must be directed into the permitted stormwater control system.
4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and
per approved plans.
5. 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 pans.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW7070217
6. The following design elements have been permitted for this wet detention stormwater facility,
and must be provided in the system at all times.
a. Drainage Area, acres:
b. Total Impervious Surfaces, ac:
Walgreens - Offsite, ac:
3 Future Business Sites, ac:
c. Pond Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP, ft2:
h. Storage Elevation, FMSL:
1. Permitted Storage Volume, ft3:
j. Controlling Orifice:
k. Receiving Stream / River Basin:
Stream Index Number:
m. Classification of Water Body:
6.93
�ZZ2,
4.10
90%
1"
7.10
24,168
7.75
17,866
1.50" 0 pipe
UT to Knobbs Creek / Pasquotank
30-3-8
I.C; Sw"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
3. The permittee shall at all times provide the. operation and maintenance necessary to assure
the permittedstormwatersystem 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. Mbwln.9 and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch
basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ, The records will indicate the date, activity, name of person
performing the work and what actions were taken.
Page 3 of 8

state stormwater Management Systems .
Permit No. SW7070217
5. The facilities shall be constructed as shown on the approved plans. This permit shall become
voidable unleiis the facilities are constructed imaccordance with the conditions of this permit,
the approved plans and specifications, and other supporting data.
6. 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,
7. 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.
8. Access to the stormwater facilities shall be maintained via appropriate easements at all times.
g. 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 ofthe project area. The
project area is defined as all property owned by the permittee,.for which Sedimentation
and Erosion Control Plan approval or a CAMA Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. a minimof the um of ten yeas from tlans he date specifications
theticomp completion of constructtion ion. file by the Permittee for
12. 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 nofice, 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.
13. This permit shall be effective -from the date of issuance until March 8, 2017. Application for
permit renewal shall be submitted 180 days prior to the expiration date of this permit and must
be accompanied by the processing fee.
14. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as
swales) shown on the approved plans as part of the stormwater management system without
submitting a revision to the permit and receiving approval from the Division.
15. The permittee is responsible for verifying that the proposed built -upon area for the entire lot,
including driveways and sidewalks, does not exceed the allowable built -upon area. Once the
lot transfer is complete, the built -upon area may not be revised without approval from the
Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
Page 4 of 8

State Stormwater Management Systems
Permit No SW7070217
16. If an Architectural Review Board or Committee is required to review plans for compliance with
the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals
given by the Board do not relieve the homeowner of the responsibility to maintain compliance
with the permitted BUA limit.
17. Prior to the sale of any tot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW7070217, as issued by the Division of Water Quality under
15A NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot Is 2;07acres for the Walgreens Site and 2.52
acres for the three future business sites. This allotted amount includes any. built -upon
area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate; coquina and parking
areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
g. All runoff on the Iot.must drain into the permitted system. This may be accomplished
through providing roof drain gutters, which drain to the street, grading the lot to drain
hstreet,
y nnrsystem swales
rid them into the sond or street.
Lis atwill naturalldai into the are notequreto provide thee measures.
h. Built -upon area in excess of the permitted amount will require a permit modification.
i. Each lot within the subdivision must submit a separate Offsite Stormwater Management
Permit application package to the Division of Water Quality and receive an Off -Site State
Stormwater permit prior to any construction, on the; lot.
18. A copy of the recorded deed restrictions must be submitted to the Division within 30
days of the date of recording the plat, and prior to selling lots. The recorded copy must
contain all of the statements above, the signature of the Permittee, the deed book
number and page, and the stamp/signature of the Register of Deeds.
19. Prior to transfer of the permit, -the stormwater facilities will be inspected by DWQ personnel.
The facility must be in compliance with.all permit conditions. Any items not in compliance must
be repaired or replaced to design condition prior to the transfer. Records'of maintenance
activities performed to date will be required.
Page 5 of 8

State stormwater Management Systems
Permit No SW7070217
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 formal permit
transfer request to the Division of Water Quality, accompanied by a completed
name/ownership change form, documentation from the parties involved, and other supporting
materials as may be appropriate. 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 the transfer request.
2. 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.
3. The Issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which maybe imposed by other government
agencies (local, state, and federal) having jurisdiction.
4. 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.
5. 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.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and reissuance or termination does not stay any
permit condition.
7.. 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.
8. Appproved plans.and specifications for this project are incorporated by reference and are
enforceable.parts of the permit. 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.
9. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
Permit issued this the 8" day, of March, 2007.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Alan W. KIlmeK, F.L., Director
Division of Water,Quality
By Authority of the Environmental Management Commission
Permit.No. SW7070217
Page 6 of 8

State Stormwater Management Systems
Permit No SW70702t7
Proposed Walgreens & Future Business Sites, Elizabeth City, NC
Stormwater Permit No. SW7070217
Pasquotank County
Designer's Certification
1 1 , as a duly registered in the State of
North Carolina, having been authorized to observe (periodically/weekly/ full time) the construction of
the project,
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 7 of 8

State Stormwater Management Systems
Permit No, SW7070217
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 outet/bypass structure elevations are per the approved plan.
6. The outlet structure.is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located.per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR=DWQ Regional Office
Elizabeth City Building Inspections
Page 8 of 8

ATTACHMENT 6
Chick Fil A Permit
C:

State Stormwater Management Systems
Permit Number SW7101007
Stormwater Project Number SW7101007
Chick-fil-A in Elizabeth City, INC
Pasquotank 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)
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.
Required Items to be checked for this certification to be considered complete are on page 2 of this
form.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Certification Requirements:
The lot contains no more than the permitted amount of built -upon area.
2. All the built -upon area associated with the project is graded such that the runoff
drains to the system.
3. The lot has been stabilized with permanent vegetation'to prevent erosion.
4. Vegetated slopes are no steeper than 3:1.
5. Roof drains are located such that building runoff drains into the system.
The inlet from this project.into the approved offsite system is located per the
approved plans and does not cause short-circuiting.
cc: NCDENR-DWQ
Elizabeth City Building Inspections
Page 6 of 6

ATTACHMENT 7
Panera Site Plan Cover Page
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view PANERA, LLC
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1

404139 BOOK ,i0�h�mui�ii
This document presented and filed:
12/28/2010 10:25.56 AM
JOYCE W. PRITCHARD, Pasquotank County, NC
AFTER RECORDING RETURN TO:
ATTN:
Cross Reference to
EETUEN TO: C.N. DeHart, Esq.
c o Bianco Tackabery
HO. Drawer2C009
Winston-Salem, NC 27114-5008
RECEIVED
JUL - 3 2014
DWQ-WA O
Deed Book 953, Page 427
Deed Book 953, Page 407
FIRST AMENDMENT TO
DECLARATION OF RECIPROCAL EASEMENTS WITH COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS FIRST AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT (this
"First Amendment") is entered into as of DQetryt bt►-- 2-?, 2010 by and between
RICH, RICH & PHILLIPS, a North Carolina general partnership, as successor -in -interest to
Christopher B. McLendon, Exchange Accommodation Titleholder for Rich, Rich and Phillips, a
North Carolina general partnership (the "Tract 1 Owner") and RIVER TERRACE
ASSOCIATES, a Michigan limited partnership, as successor -in -interest to Flizabeth City
Development Company, LLC, a North Carolina limited liability company (the "Tract 2
Owner").
WHEREAS, the predecessors -in -interest to the Tract 1 Owner and the Tract 2 Owner
entered into that certain Declaration of Reciprocal Easements With Covenants, Conditions and
Restrictions (' REA"), dated as of January 12, 2007, recorded in Deed Book 953, Page 427, land
records of Pasquotank County, North Carolina; and
WHEREAS, the Tract 1 Owner, as Seller, and Chick -fit -A, Inc. ("CFA"), as Purchaser,
have entered into that certain Purchase and Sale Agreement, dated November 19, 2009 (the
"CFA Agreement") for a portion of Tract I being more particularly described on Exhibit "D"
attached hereto (the "CIA Parcel"); and
WHEREAS, the Tract 1 Owner and the Tract 2 Owner desire to amend the REA as
hereinafter set forth; and
WHEREAS, the Perpetual Easement granted as of December 14, 2005, and recorded in
Book 953, Page 409 in the records of Pasquotank County, North Carolina (the "Rum Quarter
3354137v, 10 Ad-

BK 11.01 P 064 DOC#404139
Road Easement") grants Tract 1 and Tract 2 access to Halstead Boulevard over a portion of the
now -abandoned tight -of -way of Rum Quarter Road (said portion being the `Rum Quarter Road
Right of Way"); and
WHEREAS, Section 2 of the Rum Quarter Road Easement imposes on the Tract 1
Owner and the Tract 2 Owner, respectively, certain obligations to maintain portions of the Rum
Quarter Road Right of Way (collectively, the "Rum Quarter Road Maintenance
Obligations"); and
WHEREAS, the Tract I Owner and the Tract 2 Owner desire to clarify, as between
themselves, certain understandings with respect to the Rum Quarter Road Maintenance
Obligations,
NOW, THEREFORE, for and in consideration of ten dollars ($10.00) in hand paid, each
to the other, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
hereby agree to amend the REA as follows:
1. Whenever capitalized terms are used in this First Amendment but not defined
herein, such terms shall have the same meaning as set forth in the REA.
2. Section 1 of the REA is hereby further amended by adding the following
definitions as I(i) — 1(k):
1(i): The term "CFA"shall mean Chick-fil-A, Inc., a Georgia corporation (or
any of its affiliates, subsidiaries, successors or assigns). During the continuance
of the CFA Agreement (or any fttture agreement by which CFA leases or
othem-ise holds an interest in the CFA Parcel), CFA shall be deemed a third
party beneficiary to this Agreement.
16). The term "CFA Parcel "shall mean a portion of Tract I more particularly
described on Exhibit "D" attached hereto and incorporated herein by this
reference.
I(k): The term "CFA Agreement" shall mean that certain Purchase and Sale
Agreement, dated November 19, 2009, between CFA and the Tract I Owner, for
the CFA Parcel.
3. The REA is hereby amended by adding thereto as "Exhibit D" the legal
description attached to this First Amendment as "Exhibit D".
4. Notwithstanding anything contained in Section 2.4 (c) of the REA to the contrary,
it is the express intention of the parties that the restrictions against construction
work being performed on Tract I during the months of November and December
shall not apply to any construction activities performed by CFA on the Tracts as
part of the Initial CFA Construction (as hereinafter defined), provided that such
construction does not materially adversely interfere with access to or from Tract 2
or with the business conducted on Tract 2
53,54 137,.10 ��-

BK 1101 P 065 DOC#404139
5. Notwithstanding anything contained in Section 3 of the REA to the contrary, the
parties hereby app'iove'of CFA's site plan as shown on Exhibit "Bi! attached
hereto, including, without limitation, the relocation of the curb cut (the "Curb
Cut Relocation") between the CFA Parcel and West Ehringhaus Street from its
existing location to the location depicted on Exhibit "B". However,
notwithstanding the foregoing, the parties hereto acknowledge and agree that
CFA shall have no obligation to seek the approval of any party under the REA in
the event CFA elects not to effectuate the Curb Cut Relocation (whether as a
result of a failure by NCDOT or other governmental agency to approve the Curb
Cut Relocation or otherwise). Moreover, nothing contained in Section 5.3 of the
REA shall be deemed to affect the drive -through serving the building to be
constructed on the CFA Parcel, as shown on Exhibit `B" the location of which
drive -through is hereby expressly approved.
6. In connection with the initial construction of a Chick-fil-A restaurant on the CFA
Parcel (the `Initial CFA Construction"), CFA's contractors, subcontractors,
engineers, and other construction personnel shall not use the curbcuts on Tract 2
for vehicular ingress or egress to the CFA Parcel, and CFA, at its sole cost and
expense, shall post and maintain, for the duration of the Initial CFA Construction,
temporary "no construction traffic" signs near each of the two curbcuts between
Tract 2 and West Ehrnghaus and near each of the two curbcuts between Tract 2
and Rum Quarter Road, and shall otherwise use diligent efforts to enforce the
provisions of this paragraph. In no event shall the foregoing be deemed to
prohibit CFA's reasonable use of any easement rights over Tract 2 contained in
REA, including, without limitation, in connection with the exercise of CFA's
rights to tie into existing utilities located on Tract 2 pursuant to the easements
granted in Section 2.1(c) of the REA.
7. Exhibit `B" of the REA is hereby deleted and replaced with Exhibit "B" attached
hereto5.
8. Section 5.1 of the REA is hereby amended by adding the following at the end
thereof:
In addition, neither all nor anv portion of Tract I shall be used, directly or
indirectly, for purposes of an amusement park, carnival or circus; establishment
selling cars or other motor vehicles, motor vehicle maintenance or repair shop or
gas station, any establishment selling trailers; meeting hall, sporting event or
other sports facility, auditorium or other like place ofpublic assembly; mortuary
at- funeral parlor,- massage parlor, tattoo or body piercing parlor; or a casino.
Furthermore, no restaurant shall be permitted on all or any portion of Tract 1
(with the exception of the CFA Parcel) ,unless said restaurant independently f
n�aintains,a parking, ratio offrfteen.(IS) parking spaces for every one thousand
0
parking spaces located on,the CFA.Pazcel°orany" hers p o 7r-ry7other than where
the restaurant is located. 'fNorwrthsta"nding the foregoing, the restriction against
11children's play or parry facility" shall not prohibit a children's plav area
S:Sa117v.10
/V1_

BK 1101 F 066 DOC#404139
10
5354137v.10
(whether located on the interior or exterior of any building erected on the CFA
Parcel), so long as such play area is incidental to the operation of a restaurant.
Section 5 of the REA is hereby further amended by adding the following as
Section 5.4:
5.4
used or occupied 'as a restaurant
selling 'or seritng.c{ icken as a principal men u>item 3 For purposes hereof, "a
restaurant selling or serving chicken as a principal menu item" means a
restaurant deriving twenty-five percent (25%) or more of its gross sales from the
sale of chicken. The Tract I Owner covenants and agrees that no portion of
Tract I (with the exception of the CFA Parcel) shall be leased, used or occupied
by or for any of the following: McDonald's, Wendy's, Arby's, Boston Market,
Kenny Roger's, Kentucky Fried Chicken, Popeye's, Church's, Boyangle's, Mrs.
Winner's, Tanner's, Chicken Out, Willie May's Chicken, Biscuitville, Zaxby's,
Ranch One, F_l Polio Loco, Koo-Koo Roo, Polio Campero, C'haro Chicken,
Raising Cane's or Chester's.
Section I1.11 of the REA is hereby amended by adding the following Notice
Address for CFA:
CFA: Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, Georgia 30349
ATTN: Real Property Asset Management
With a copy io: Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, Georgia 30349
ATTN: Real Estate Legal Department — FSU Division
and by deleting the Tract 2 Owner address in its entirety and replacing it with the
following:
'Tract 2 Owner: Nathan S. Leader
31800 Northwestern Highway, Ste. 310
Farmington Hills, M148334
With a copy to: Robert A. Gross
Siegel, Greenfield, Hayes & Gross PLC
One Towne Square, Ste. 1835
Southfield, MI 48076
Section 11.2(b) is hereby deleted in its entirety and replaced with the following:
ivL

BK 1101 f A67 DOC#404139
Notwithstanding subparagraph 11.2(a) above to the contrary, no termination of
this Agreement, and no modification or amendment of this Agreement shall be!
made_nor shali the same be effective unless 'the same has been expresslyu
consented to_im__w"rittng_by Walgreen (duiing:'the continuance of the Wa(green,r
Lease) and CFA (during the contimian of'the,CCFFA Agrreement or anyfiazire
agreement by which CFA leases or otherwise owns an interest to the CFA
Parcel). For the absence of doubt, follomng the consummation of the sale to
CFA of the CFA Parcel, and during the continuance of CFA's fee simple
ownership of the CFA Parcel. CFA shall be deemed mr "Owner" under this REA
and shall be entitled to the benefits thereof
12. With .respect to the Rum Quarter Road Maintenance Obligations, the parries
acknowledge that, subject to the terms and conditions contained in the Rum
Quarter Road Easement, including, without limitation, the termination of the Rum
Quarter Road Maintenance Obligations upon the acceptance of an offer to
dedicate the Rum Quarter Road Right of Way by the City of Elizabeth City, (i)
the Tract 2 Owner shall be responsible for maintaining, in accordance with the
terms and conditions of the Rum Quarter Road Easement, the Rum Quarter Road
Right of Way from its intersection with Halstead Boulevard to the western
boundary of Tract 2 and (u) the owner of the'CFA Parcel shall be responsible for,
maintatnng ri accordance wtth'the terms' and conditions of the Rum Quarter
R6adkd ase"meat, that portion of thetRum Quarter'Road Righuof Way that. abuts
the CFAP`arcel.A In the event that the owner of the CFA Parcel fails to comply
with its respective Rum Quarter Road Maintenance Obligations, including
without limitation those set forth in this Section 12, then, without limitation, the
Tract 2 Owner shall have the same self-help and other rights against the owner of
the CFA Parcel as the "Grantors" under the Rum Quarter Road would have
against the owner of the CFA Parcel pursuant to Section 6 of the Rum Quarter
Road Easement. Similarly, in the event that the Tract 2 Owner fails to comply
with its respective Rum Quarter Road Maintenance Obligations, including
without limitation those set forth in this Section 12, then, without limitation, the
owner of the CFA Parcel shall have the same self-help and other rights against the
Tract 2 Owner as the "Grantors" under the Rum Quarter Road would have against
the owner of the CFA Parcel pursuant to Section 6 of the Rum Quarter Road
Easement.
13. Except as modified by this First Amendment, the parties hereby ratify and
confirm the REA in all respects not inconsistent herewith. In the event of any
conflict between the terms of the REA and the terms of this First Amendment, the
terms of this First Amendment shall controL
14. This First Amendment may be executed in multiple counterparts, each of which
shall be deemed to be an original, and all of which shall constitute one and the
same instrument.
(SIGNATURES COMMENCE ON THE FOLLOWLNG PAGE)
53 54177v. 10

BK 1101 F 068 DOC#404139
IN WITNESS WHEREOF, the undersigned have executed this First Amendment
effective as of the date first above written.
RICH, RICH & PHILLIPS, a North Carolina
general partnersW
By: _
Name:
Title:
Title:
_ RP2(Jkrl County, N00, _Edco i na
I certify that the following person(s) personally appeared before me this day, each
acknowledging l[Igllme that he or she signed the
/foregoing document: &)berl f• Rl eh
I0n12 W Clrker Notary Public
' (Print Name)
PUBLIC �`; My commission expires:�01�1.T Gl�
County, Nor4h Carohnn
t certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document• a)nrl e s NI . Phi I I fP5
Date:
t0alla K • flOfLerNotary Public
(Print Name)
My commission expires: q aCf/
[SIGNATURE PAGE CONTINUES ON THE FOLLOWING PAGE]
5354137v. 10

BK 1101 F 069 DOC#404139
RIVER TERRACE ASSOCIATES,
a Michigan limited partnership
By River Terrace L.L.C.
Its: General Partner
By:
Nathan Leader, Manager
[CORPORATE SEALI
1 6n) —_ County, (Y1 t
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document: Nathan Leader.
Date:ii/ ! /& nD w U&. '
(Official Seal) 'Notary Public
prN--l- (Print Name)
_ o}`.
:
"r
My commission expires:
<i ''PMM
d.
KAMN
NQ{ARYPUBlj0.OTATE OF0
I ame
sDOCz�o+z
MY ssar+
ACT@I6 IN coumy OF Oa
[SIGNATURE PAGE CONTINUES ON THE FOLLOWING PAGE]
5354 Uh. 10

BK 1101 f , 070
DOC#404139
Acknowledged, Approved and Consented to
by:
Chi
By:
Nar
Titl
By:
Nar
Tit I,
County, &-Zx
i certify that the following person(s) personally appeared b fore me t�}is day each
acknowl=,( ipih 4tblj at he or she signed the foregoing document: �• �1/I CPA"z .cam
i GEORG
Uk
SEP128, p16�F
. .,
i Gfa
,00t•z�•�ivs��•J
A GO ,.
TL4 vu-- 6._ . . - % \
7..a-YA., 9 ue , otary Public
(Print Name)
My commission expires:
County,yY-'LVCAC,
I certify that the following person(s) personally appeared formeP t is da each
acknowledging to me that he or she signed the foregoing document: }}(( t
Date: 16 1 I Zyle.)
(Offi,dVj�eal) lqJP C..t • Notary Public
(Print Name)
-
�"q.`'°SARd 'r q I Z'sl I
i pfS 'ti My commission expires: l
i Gs Go[A:
qO. pjf$L�: Jt1%,
w-TA .,00+
[SIGNATURE PAGE CONTINUES ON THE FOLLOWING PAGE]
5354137,.10

BK 1101 f ; 071 DOC#404139
Acknowledged, Approved and Consented to
by:
/14C
I certify that the following pc
acknowledging to me that he or she
Date: I a
(Official SeA)
5 "OFFICIAL SEAL"
LLISETTE MORENO
NOTARY PUBLIC. STATE CF ILLINO'S
COMMISSIO!J EX, S g12812011
5354 177o.10
before me this day, each
V1y�jT1� W(&" Notary Public
(Print Name)
My commission expires:
[SIGNA'T-URE PAGE CONTINUES ON THE FOLLOWING PAGE]

BK 1101 �; 072 DOC#404139
MIDFIRST BANK, a federally chartered savings association, the holder of a first -lien security
instrument on Tract 2 (the "Mortgage"), hereby joins in the execution of this Agreement for the
purpose ofconsenting to, and subordinating the Mortgage to. this Agreement.
tilidFirst Bank. a federally chartered savings association
By:
Name _ J A M� r G Do
Title: U,4: PRCJ'O="A
— CCCA County, LU l Z i
I certify that the following person(s) personally appeared before me this dav, each
acknowledging to me that he or she signed the foregoing document��Qm0�
Date: p
(CiiTicial'Sea[)
NOSEAL'
Trac� Sullivan
Notary Pu ic, State of imnois
My Comrrwss{on Expires 325201
S(� Notary Puhlic
(Pn t Name)
My conimission expires:p2S�2�

BK 1101 . 3 073 DOC#404139
EXHIBIT "A"
THERE IS NO EXHIBIT "A" TO THIS FIRST AMENDMENT
53,54137,.10

BK 1101 f 074 DOC#404139
EXHIBIT "B"
SITE PLAIN
(Replacement Exhibit "B" to REA.)
(Attached)
5,54137, 10

BK1101 F 075 DOC#404139
O
1 uq!
of I
II
nuin
u7FU
HORTOW 8 DODO

BK 1101 ; ; 076 DOC#404139
EXHIBIT "C"
THERE IS NO EXHIBIT "C TO THIS FIRST AMENDMENT
5154 137v10

BK 1101 f : 077 DOC#404139
EXHIBIT "D"
DESCRIPTION OF CFA PARCEL
"TRACT 1-A" on that certain Minor Subdivision of Tract 1, Plat of Rich, Rich & Phillips, dated
September 27, 2010, prepared by Horton & Dodd, P.C., recorded in Book 53, Page 9, in the plat records
of Pasquotank County, North Carolina.
5351137v.10

BOOK 953 PAGE 127
FILED in Poayyuotank County NC
on J,n 19 2001 at 04:12:29 PM
by: Dollia J. Summarour
REGISTER OF DEEDS
Prepared by F Return Co Jordan P.
Smith
RECIPROCAL EASEMENT AGREEMENT WITHaCOVENANTS ogre, PO Box 21927,
CONDITIONS AND RESTRICTIONS Gre27420 , NC
7420
THIS RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS,
CONDITIONS AND RESTRICTIONS (the "Agreement") is made and entered into this
12th day of Jamaary , 2007, by and between CHRISTOPHER B. MCLENDON,
Exchange Accommodation Titleholder for Rich, Rich and Phillips, a North Carolina WED general partnership (the "Tract 1 Owner'), and ELIZABETH CITY DEVELOPMENT ��prg—.�
COMPANY, LLC, a North Carolina limited liability company (the "Tract 2 Owner"). 7e i E
RECITALS
A. The Tract 1 Owner is the owner of that certain real properly situated in the City of
Elizabeth City, County of Pasquotank, State of North Carolina, more particularly
described on Exhibit "A" attached hereto and incorporated herein by this
reference ("Tract 1").
B. The Tract 2 Owner is the owner of that certain real property situated in the City of
Elizabeth City, County of Pasquotank, State of North Carolina, more particularly
described on Exhibit "A" attached hereto and incorporated herein by this
reference ("Tract 2").
C. The Tract 2 Owner intends to develop Tract 2 for use by Walgreen (hereinafter
defined).
D. The Tract 1 Owner intends to simultaneously or thereafter develop or allow or
cause the development of Tract 1 as a retail/commercial site.
E. The parties hereto desire to impose certain easements upon the Tracts, and to
establish certain covenants, conditions and restrictions with respect to said
Tracts, for the mutual and reciprocal benefit and complement of Tract 1 and Tract
2 and the present and future owners and occupants thereof, on the terms and
conditions hereinafter set forth.
Prepared by and Return to: Jordan P. Nance, Smith Moore LLP
Greensboro 79e757.9 PO Box 21927, Greensboro, NC 27420
JUL - 3 2014
DWa IAR".10

BOOK 953 PAGE 428
NOW, THEREFORE, in consideration of the above premises and of the
covenants herein contained, the Tract 1 Owner and the Tract 2 Owner hereby covenant
and agree that the Tracts and all present and future owners and occupants of the Tracts
shall be and hereby are subject to the terms, covenants, easements, restrictions and
conditions hereinafter set forth in this Agreement, so that said Tracts shall be
maintained, kept, sold and used in full compliance with and subject to this Agreement
and, in connection therewith, the parties hereto on behalf of themselves and their
respective successors and assigns covenant and agree as follows:
AGREEMENTS
1. Definitions. For purposes hereof:
(a) The term "Owner" or "Owners" shall mean the Tract 1 Owner (as to
Tract 1) and the Tract 2 Owner (as to Tract 2) and any and all successors
or assigns of such persons as the owner or owners of fee simple title to all
or any portion of the real property covered hereby, whether by sale,
assignment, inheritance, operation of law, trustee's sale, foreclosure, or
otherwise, but not including the holder of any lien or encumbrance on such
real property.
(b) The term 'Tract" or "Tracts" shall mean eachseparatelyidentified
parcel of real property now constituting a part of the real property
subjected to this Agreement as described on Exhibit "A", that is, Tract 1
and Tract 2, and any future subdivisions thereof.
(c) The term "Permittees" shall mean the tenant(s) or occupant(s) of a
Tract, and the respective employees, agents, contractors, customers,
invitees and licensees of (i) the Owner of such Tract, and/or (ii) such
tenant(s) or occupant(s).
(d) The term "Common Area" shall mean those portions of Tract 1 and
Tract 2 that are outside of exterior walls of buildings or other structures
from time to time located on the Tracts, and which are either unimproved,
or are improved as (without limitation) parking areas, landscaped areas,
driveways, roadways, walkways, light standards, curbing, paving,
entrances, exits and other similar exterior site improvements.
(a) - The term "Walgreen" or "Walgreens" shall mean Walgreen Co., a(n)
Illinois corporation (or any of its affiliates, subsidiaries, successors or
assigns). Walgreen shall be deemed a third party beneficiary to this
Agreement.
(f) The term "Walgreen Lease" or "Walgreens Lease" shall mean that
Lease of Tract 2 from the Tract 2 Owner as landlord to Walgreen as
tenant, and any amendments, extensions or replacements thereof.
Greensbara 745757.9

BOOM 953 PAGE 929
(g) The term "Site Plan' shall mean that site plan of the Tracts attached
hereto as Exhibit "0" and by reference made a part hereof. Except as may
be otherwise provided in this Agreement, the Site Plan is for identification
purposes only.
(h) The term "Driveway" shall mean that driveway and related driveway
improvements, paving, curbing, entrances and exits, in the location on
Tract 2 as shown on the Site Plan.
2. Easements.
2.1 Grant of Reciprocal Easements Subject to any express conditions,
limitations or reservations contained herein, the Owners hereby grant, establish,
covenant and agree that the Tracts, and all Owners and Pennittees of the Tracts,
shall be benefited and burdened by the following nonexclusive, perpetual and
reciprocal easements which are hereby imposed upon the Tracts and all present
and future Owner's and Permittees of the Tracts:
(a) An easement for reasonable access, ingress and egress over all -
.paved driveways, roadways and walkways as presently or hereafter
constructed and constituting a part of the Common Area of Tract 2 and the
Common Area of Tract 1, including, without limitation, the Driveway, so as
to provide for the passage of motor vehicles and pedestrians between all
portions of the Common Area of such Tracts intended for such purposes,
and to and from all abutting streets or rights of way furnishing access to
such Tracts; and
A.4 asementoupon„,under,soyer,sabove and across the Common
retention of storm water runoff a storm weter'detentio'n^po d'°in`th`e4
location indicated on the Site Plan and described in Exhibit "C' attached
hereto, and to install, maintain, repair and replace storm water collection,
retention, detention and distribution lines, conduits, pipes and other
apparatus under and across the Common Areas of the Tracts for the
purpose of draining storm water runoff into such detention pond. The
stone water detention pond indicated on the Site Plan, and all lines,
conduits, pipes and other apparatus for water drainage, and all storage
systems necessary in connection therewith, shall be hereinafter called the
"Water Detention and Drainage Facilities". The easement granted herein
shall include the right of reasonable ingress and egress with respect to the
Water Detention and Drainage Facilities as may be required to maintain
and operate the same. The :.Water„Detentlon�and_DrainageF0.acilitiiiedl
required for Tract 2 shall initially be constructed by Tract 2'"Owner ih' q
accordance with the Site Plan .and pursuant to Plans approved by
Walgreen under the Walgreen Lease, as a part of the initial development
of the Walgreens improvements on Tract 2 under the Walgreen Lease.
Greens0 ,. 746757.9

BOOK 953 PAGE 430
Once constructed by Tract 2 Owner, the Water Detention and Drainage
Facilities shall not be modified, altered, relocated or otherwise changed,
without the prior written consent of all Owners and Walgreen (during the
continuance of the Walgreen Lease)..Until _a. certificate of occupancy or,
compliancem . shall have,beeued,for improvements on Tract 1, the Trace
2 Owner, of sole cost and expense, shall operate and maintain, or
cause to be operated and maintained, in good order, condition and repair,
the Water Detention and Drainage Facilities and make any and all repairs
and replacements that may from time to time be required with respect
thereto. Following the issuance of a , certificate.,_of;I,occupancy-- org
compliance for improvements on Tracfl, (i);each;Owner_at s"rich Owner's
oramatwaterhDetention and Drainage .Faalitias„,excluusivelyWserv,Ing�such
Owner's Tract; and (ii) the,. Own4s. shall, lointlybe responsible for the
operation and maintenance, in ',good order, condition and repair, the,
portion of the Water Detention and Drainage Facilities serving -both -Tract I
and Tract 2, the. expensezof$$yhichlshall,beallocated to each Owner, in,the
same.pposs rarooragoceage,oflsuehOwner's Tract bears to the
gross acreage of Tract 1 and Tract 2 combined. The Water Detention and
Drainage Facilities shall not be used to serve any property other than
Tract 1 and B without the written consent of Tract 1 Owner and Tract 2
Owner.
(c) An easement under and across those parts of the Common Areas
that are not within any permissible building areas shown on the Site Plan,
for the installation, maintenance, repair and replacement of water mains,
storm drains, sewers, water sprinkler system lines, telephone or electrical
conduits or systems, cable, gas mains and other utility facilities necessary
for the orderly development and operation of the Common Areas and each
building from time to time located within the Tracts; provided that (i) the
rights granted pursuant to such easements shall at all times be exercised
in such a manner as not to interfere materially with the normal operation of
a Tract and the businesses conducted therein, (ii) the exact location of any
utilities shall be subject to the approval of the Owner(s) of the burdened
Tract(s) (and, as to Tract 2 during the continuance of the Walgreen Lease,
Walgreen), and (iii) except in an emergency, the right of any Owner to
enter upon the Tract of another Owner for the exercise of any right
pursuant to such easements shall he conditioned upon providing
reasonable prior advance written notice to the other Owner (and, as to any
entry upon Tract 2 during the continuance of the Walgreen Lease,
Walgreen) as to the time and manner of entry. All such systems,
structures, mains, sewers, conduits, lines and other public utilities shall be
installed and maintained below the ground level or surface of the Tract
(except for such parts thereof that cannot and are not intended to be
placed below the surface, such as transformers and control panels, which
Greensboro 748757.9

BOOK 953 PAGE 131
shall be placed in such location as approved by the Owner of the affected
Tract and Walgreen (as to Tract 2). Once the initial construction of Tract 2
shall be completed by the Owner of Tract 2 pursuant to the Walgreen
Lease, thereafter no additional utility easaments affecting Tract 2 shall be
installed without Walgreen's consent (during the continuance of the
Walgreen Lease).
2.2 Indemnification. Each Owner having rights with respect to an easement
granted hereunder shall indemnify and hold the Owner whose Tract is subject to
the easement (including Walgreen, in the case of the Owner of Tract 2) harmless
from and against all claims, liabilities and expenses (including reasonable
attorneys' fees) relating to accidents, injuries, loss, or damage of or to any
person or property arising from the negligent, intentional or willful acts or
omissions of such Owner, its contractors, employees, agents, or others acting on
behalf of such Owner.
2.3 Intentionally Deleted.
2.4 Reasonable Use of Easements.
(a) The easements herein above granted shall be used and enjoyed by
each Owner and its Permittees in such a manner so as not to
unreasonably interfere with, obstruct or delay the conduct and operations
of the business of any other Owner or its Permittees at any time
conducted on its Tract, including, without limitation, public access to and
from said business, and the receipt or delivery of merchandise in
connection therewith.
(b) Once the Water Detention and Drainage Facilities are installed
pursuant to the easements granted in paragraph 2.1 (b) hereof and/or
utility lines, systems and equipment are installed pursuant to the
easements granted in paragraph 2.1(c), no permanent building, structures,
trees or other improvements inconsistent with the use and enjoyment of
such easements (excluding improvements typically found in common
areas of shopping centers) shall be placed over or permitted to encroach
upon such utility installations and Water Detention and Drainage Facilities.
The Owner of the Tract served by such installations shall not
unreasonably withhold its consent to the reasonable relocation of such
installations requested by the Owner of a Tract where such installations
are located, at such requesting Owner's sole cost and expense, so long as
water detention and drainage services or utility services, as applicable, to
the other Owner's Tract are not unreasonably interrupted and the
remaining provisions of this paragraph 2.3 are complied with. No such
relocation affecting Tract 2 or the water detention and drainage services or
utility service(s) thereto shall be performed without the consent of
Walgreen (during the continuance of the Walgreen Lease).
Greensboro 748757.9

BOOK 953 PAGE 932
(c) Once commenced, any construction undertaken in reliance upon an
easement granted herein shall be diligently prosecuted to completion, so
as to minimize any interference with the business of any other Owner and
its Permittees. Except in cases of emergency, the right of any Owner to
enter upon a Tract of another Owner for the exercise of any right pursuant
to the easements set forth, or to prosecute work on such Owner's own
Tract if the same interferes with utility or drainage easements or
easements of ingress, egress or access to or in favor of another Owner's
Tract, shall be undertaken only in such a manner so as to minimize any
interference with the business of the other Owner and Its Permittees. In
such case, no affirmative monetary obligation shall be imposed upon the
other Owner (and/or, during the continuance of the Walgreen Lease,
Walgreen), and the Owner undertaking such work shall with due diligence
repair at its sole cost and expense any and all damage caused by such
work and restore the affected portion of the Tract upon which such work is
performed to a condition which is equal to or better than the condition
which existed prior to the commencement of such work. In addition, the
Owner undertaking such work shall pay all costs and expenses associated
therewith and shall indemnify and hold harmless the other Owner(s) and
its Permittees from all damages, losses, liens or claims attributable to the
performance of such work. Notwithstanding the foregoing or anything
contained in this. Agreement to the contrary, the Owner of Tract 1 and its
Permittees shall in no event undertake any work described in this
paragraph (except normal minor repairs in the ordinary course which do
not interfere with the business of the Owner of Tract 2 and its Permittees)
which is not of an emergency nature during the months of November or
December unless the Owner of Tract 2 (and Walgreen, during the
continuance of the Walgreen Lease) shall consent thereto.
Maintenance.
3.1 General. Until such time as improvements are constructed on a Tract, the
Owner thereof shall maintain the same in a clean and neat condition and shall
take such measures as are necessary to control grass, weeds, blowing dust, dirt,
litter or debris.
3.2 Buildings and Appurtenances Thereto Each Owner covenants to keep
and maintain, at its sole cost and expense, the building(s) located from time to
time on its respective Tract in good order, condition and repair. Once
constructed, in the event of any damage to or destruction of a building on any
Tract, the Owner of such Tract shall, at its sole cost and expense, with due
diligence either (a) repair, restore and rebuild such building to its condition prior
to such damage or destruction (or with such changes as shall not conflict with
this Agreement), or (b) demolish and remove all portions of such damaged or
destroyed building then remaining, including the debris resulting therefrom, and
otherwise clean and restore the area affected by such casualty to a level, graded
Greensboro 7<8757.9 .

BOOK 953 PAGE 133
condition. Nothing contained in subparagraph 3.2(b) shall be deemed to allow an
Owner to avoid a more stringent obligation for repair, restoration and rebuilding
contained in a lease or other written agreement between an Owner and such
Owners Permittee. No building on Tract 1 shall be closer to the right-of-way of
Ehringhaus Street than the distance between the building constructed on Tract 2
and the Ehringhaus Street right-of-way. Each Tract shall comply with applicable
governmental parking ratio requirements without taking into account the parking
provided on the other Owners Tract, such that each Tract shall be self sufficient
for vehicular parking.
3.3 Common Area. Each Owner of a Tract covenants at all times during the
term hereof to operate and maintain or cause to be operated and maintained at
its expense all Common Area located on its Tract in good order, condition and
repair. Following the construction of improvements thereon, maintenance of
Common Area shall include, without limitation, maintaining and repairing all
sidewalks and the surface of the parking and roadway areas, removing all
papers, debris and other refuse from and periodically sweeping all parking and
road areas to the extent necessary to maintain the same in a clean, safe and
orderly condition, maintaining appropriate lighting fixtures for the parking areas
and roadways, maintaining marking, directional signs, lines and striping as
needed, maintaining landscaping, maintaining signage in good condition and
repair, and performing any and all such other duties as are necessary to maintain
such Common Area in a clean, safe and orderly condition. Except as otherwise
expressly provided in this Agreement, once constructed, in the event of any
damage to or destruction of all or a portion of the Common Area on any Tract,
the Owner of such Tract shall, at its sole cost and expense, with due diligence
repair, restore and rebuild such Common Area to its condition prior to such
damage or destruction (or with such changes as shall not conflict with this
Agreement). Each Owner reserves the right to alter, modify, reconfigure,
relocate and/or remove the Common Areas or building areas on its Tract, subject
to the following conditions: (i) as to Tract 2, during the continuance of the
Walgreen Lease, the express written consent of Walgreen shall be required;
(ii) the reciprocal easements between the Tracts pursuant to paragraph 2.1(a)
shall not be closed or materially impaired; (iii) the Driveway and ingress and
egress thereto, and to and from the Tracts and adjacent streets and roads, shall
not be so altered, modified, relocated, blocked and/or removed without the
express written consent of all Owners and Walgreen (during the continuance of
the Walgreen Lease); (iv) the same shall not violate any of the provisions and
easements granted in paragraph 2; and (v) as to Tract 1, the requirements of
paragraph 3.2 of this Agreement shall be complied with.
3.4 Utilities. Each Owner shall at all times during the term hereof construct,
operate and maintain or cause to be constructed, operated and maintained in
good order, condition and repair, at its sole expense, any utility or other
installations serving exclusively the Tract of such Owner and from time to time
existing on the Tract of another Owner pursuant to an easement described
Greens0oro 748757.9

BOON 953 PAGE 939
herein. If such utility or other installations serve both Tracts, then the Owners
shall contribute to the cost of maintaining, repairing and replacing such utilities
and installations in proportion to the quantity of each Tract's usage of such
utilities and installations, and if the relative usage of each Tract cannot be
quantified with reasonable certainty, then the Owners shall contribute to such
costs in proportion to the relative gross square footage of building area (including
all floor levels) on each Tract. Notwithstanding the foregoing, if a restaurant shall
be operated on Tract 1 and if Tract 1 and Tract 2 shall be responsible for
maintaining a private sanitary sewer lift station serving both Tract 1 and Tract 2,
then at all times after commencement of operation of the restaurant (i) the Tract
1 Owner shall maintain, repair and replace such lift station, and (ii) the Tract 1
Owner shall be responsible for that portion of the costs of operating, maintaining,
repairing and replacing such sanitary sewer lift station equal to the greater of (a)
the portion determined pursuant to the foregoing sentence, or (b) seventy-five
percent (75%) of such costs.
4. Construction of Improvements Every building (including its appurtenant
Common Area improvements), now or in the future constructed on Tract 1 and Tract 2,
shall be constructed, operated and maintained so that the same is in compliance with all
applicable governmental requirements. The Driveway shall be constructed and
completed by the Owner of Tract 2 at the same time as such Owner develops Tract 2
for Walgreen under the Walgreen Lease (in accordance with plans approved by
Walgreen under the Walgreen Lease).
5. Restrictions.
5.1 General. Each Tract shall be used for lawful purposes in conformance
with all restrictions imposed by all applicable governmental laws, ordinances,
codes, and regulations, and no use or operation shall be made, conducted or
permitted on or with respect to all or any portion of a Tract which is illegal. In
addition to the foregoing, throughout the term of this Agreement, it is expressly
agreed that neither all nor any portion of Tract 1 or Tract 2 shall be used, directly
or indirectly, for purposes of a cocktail lounge, bar, disco, bowling alley, pool hall,
billiard parlor, skating rink, roller rink, amusement arcade, a theater of any kind,
children's play or party facility, adult book store, adult theatre, adult amusement
facility, any facility selling or displaying pornographic materials or having such
displays, second hand store, odd lot, auction house, flea market, educational or
training facility, blood bank, sleeping quarters or lodging, the outdoor housing or
raising of animals, storage of automobiles, boats or other vehicles, any industrial
use (including, without limitation, any manufacturing, smelting, rendering,
brewing, refining, chemical manufacturing or processing, or other manufacturing
uses), any mining or mineral exploration or development except by non -surface
means, an assembly hall, off track betting establishment, bingo parlor, any use
involving the use, storage, disposal or handling on Tract 1 of hazardous materials
or underground storage tanks, any facility for the sale of paraphernalia for use
with illicit drugs, or any use which creates a nuisance.
Greensboro 7487579

BOOK 953 PAGE 9iu
5.2 Additional Tract 1 Restrictions Throughout the term of this Agreement, it
is expressly agreed that neither all nor any portion of Tract 1 shall be used,
directly or indirectly, for the operation of a drug store or a so-called prescription
pharmacy or prescription ordering, processing or delivery facility, whether or not
a pharmacist is present at such facility, or for any other purpose requiring a
qualified pharmacist or other person authorized by law to dispense medicinal
drugs, directly or indirectly, for a fee or remuneration of any kind.
5.3 Drive-Throughs No facility on Tract 1 for vehicular drive -up or drive -
through, in which the stopping or standing of motor vehicles in line at a location
for drop-off and/or pickup is intended, (as, for example, at a restaurant, car wash
or bank), shall be assigned, constructed, used or operated in any manner such
that motor vehicles in line at such facility stop or stand onto Tract 2 and/or the
Driveway, or otherwise interfere with the normal pattern and flow of pedestrian or
vehicular traffic on and across Tract 2 and/or the Driveway. Nothing contained
herein shall be deemed to affect the drive -through serving the building for
Walgreen to be initially constructed on Tract 2 by the Owner thereof, which is
hereby expressly approved. In addition, valet parking on Tract 1, in which the
stopping or standing of motor vehicles at a location for drop off and/or pick up of
passengers is intended, shall not be operated in any manner such that motor
vehicles shall stop or stand on Tract 1 and/or B and/or the Driveway so as to
interfere with the normal pattern and flow of pedestrian or vehicular traffic on and
across Tract 2 and/or the Driveway.
6. Insurance. Throughout the term of this Agreement, each Owner shall procure
and maintain general and/or comprehensive public liability and property damage
insurance against claims for personal injury (including contractual liability arising under
the indemnity contained in paragraph 2.2 above), death, or property damage occurring
upon such Owner's Tract, with single limit coverage of not less than an aggregate of
Two Million Dollars ($2,000,000.00) including umbrella coverage, if any, and naming
each other Owner and Walgreen during the continuance of the Walgreen Lease
(provided the Owner obtaining such insurance has been supplied with the name of such
other Owner in the event of a change thereof) as additional insureds. Walgreen
(whether as tenant under the Walgreen Lease or in the event Walgreen becomes an
Owner of a Tract) may elect to self insure and/or carry insurance required hereunder
Linder master or blanket policies of insurance.
7. Taxes and Assessments Each Owner shall pay all taxes, assessments, or
charges of any type levied or made by any governmental body or agency with respect to
its Tract.
8. No Rights in Public No Implied Easements Nothing contained herein shall be
construed as creating any rights in the general public or as dedicating for public use any
portion of Tract 1 or Tract 2. No easements, except In those expressly set forth in
paragraph 2, and/or (it) an easement over Tract 1 so as to enable the construction of
the Driveway and other improvements required for the initial development for Walgreens
Greensboro 748757.9

BOOK 953 PAGE 136
by the Owner of Tract 2, shall be implied by this Agreement; in that regard, and without
limiting the foregoing, no easements for parking or signage are granted or implied.
9. Remedies and Enforcement
9.1 All Legal and Equitable Remedies Available In the event of a breach or
threatened breach by any Owner or its Permittees of any of the terms,
covenants, restrictions or conditions hereof, the other Owner(s) and Walgreen
shall be entitled forthwith to full and adequate relief by injunction and/or all such
other available legal and equitable remedies from the consequences of such
breach, including payment of any amounts due and/or specific performance.
Walgreen shall have the right, but not the obligation, to enforce this Agreement
on behalf of the Owner of Tract 2, and/or to cure a breach or default hereunder
by the Owner of Tract 2, which enforcement or cure shall be accepted by the
other Owner(s) as if effected by the Owner of Tract 2.
9.2 Self -Help In addition to all other remedies available at law or in equity,
upon the failure of a defaulting Owner to cure a breach of this Agreement within
thirty (30) days following written notice thereof by an Owner or Walgreen (unless,
with respect to any such breach the nature of which cannot reasonably be cured
within such 30-day period, the defaulting Owner commences such cure within
such 30-day period and thereafter diligently prosecutes such cure to completion),
Walgreen or any Owner shall have the right to perform such obligation contained
in this Agreement on behalf of such defaulting Owner and be reimbursed by such
defaulting Owner upon demand for the reasonable costs thereof together with
interest at the prime rate charged from time to time by Bank of America (its
successors or assigns), plus two percent (2%) (not to exceed the maximum rate
of interest allowed by law). Notwithstanding the foregoing, in the event of (i) an
emergency, (ii) blockage or material impairment of the easement rights, and/or
(iii) the unauthorized parking of vehicles on Tract 2, an Owner or Walgreen may
immediately cure the same and be reimbursed by the other Owner upon demand
for the reasonable cost thereof together with interest at the prime rate, plus two
percent (2%), as above described.
9.3 Lien Rights Any claim for reimbursement, including interest as aforesaid,
and all costs and expenses including reasonable attorneys' fees awarded to any
Owner (or to Walgreen in connection with the exercise of its rights set forth in
paragraphs g.1 and/or 92 above) in enforcing any payment in any suit or
proceeding under this Agreement shall be assessed against the defaulting
Owner in favor of the prevailing party and shall constitute a lien (the "Assessment
Lien") against the Tract of the defaulting Owner until paid, effective upon the
recording of a notice of lien with respect thereto in the Office of the Clerk of
Superior Court of Pasquotank County, North Carolina, provided, however, that
any such Assessment Lien shall be subject and subordinate to (i) liens for taxes
and other public charges which by applicable law are expressly made superior,
(ii) all liens, including without limitation, all mortgages, deeds of trust and other
Gl.ensbro 748757.9 10

BOOK 953 PAGE 937
security instruments, properly recorded against the subject property prior to the
date of recordation of said notice of lien, and (iii) all leases entered into, whether
or not recorded, prior to the date of recordation of said notice of lien. All liens
recorded subsequent to the recordation of the notice of lien described herein
shall be junior and subordinate to the Assessment Lien. Upon the timely curing
by the defaulting Owner of any default for which a notice of lien was recorded,
the party recording same shall record an appropriate release of such notice of
lien and Assessment Lien.
9.4 Remedies Cumulative. The remedies specified herein shall he cumulative
and in addition to all other remedies permitted at law or in equity.
9.5 No Termination For Breach Notwithstanding the foregoing to the
contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or
otherwise terminate this Agreement. No breach hereunder shall defeat or render
invalid the lien of any mortgage or deed of trust upon any Tract made in good
faith for value, but the easements, covenants, conditions and restrictions hereof
shall be binding upon and effective against any Owner of such Tract covered
hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise.
9.6 Irreparable Harm In the event of a violation or threat thereof of any of the
provisions of paragraphs 2 and/or 5 of this Agreement, each Owner agrees that
such violation or threat thereof shall cause the nondefaulting Owner and/or its
Permittees to suffer irreparable harm and such nondefaulting Owner and its
Permittees shall have no adequate remedy at law. As a result, in the event of a
violation or threat thereof of any of the provisions of paragraphs 2 and/or 5 of this
Agreement, the nondefaulting Owner and Walgreen, in addition to all remedies
available at law or otherwise under this Agreement, shall be entitled to injunctive
or other equitable relief to enjoin a violation or threat thereof of paragraphs 2
and/or 5 of this Agreement.
10. Term. The easements, covenants, conditions and restrictions contained in this
Agreement shall be effective commencing on the date of recordation of this Agreement
in the Office of the Register of Deeds of Pasquotank County and shall remain in full
force and effect thereafter in perpetuity, unless this Agreement is modified, amended,
canceled or terminated by the written consent of all then record Owners of Tract 1 and
Tract 2 in accordance with paragraph 11.2 hereof.
11. Miscellaneous.
11.1 Attorneys' Fees In the event a party (including Walgreen) institutes any
legal action or proceeding for the enforcement of any right or obligation herein
contained, the prevailing party after a final adjudication shall be entitled to
recover its costs and reasonable attorneys' fees incurred in the preparation and
prosecution of such action or proceeding.
Greensboro 748757.9 11

BOOK 953 PAGE 436
11.2 Amendment
(a) The parties agree that the provisions of this Agreement may be
modified or amended, in whole or in part, or terminated, only by the written
consent of all record Owners of Tract 1 and Tract 2, evidenced by a
document that has been fully executed and acknowledged by all such
record Owners and recorded in the Office of the Register of Deeds of
Pasquotank County, North Carolina.
(b) Notwithstanding subparagraph 11.2(a) above to the contrary, no
termination of this Agreement, and no modification or amendment of this
Agreement shall be made nor shall the same be effective unless the same
has been expressly consented to in writing by Walgreen (during the
continuance of the Walgreen Lease).
11.3 Consents. Wherever in this Agreement the consent or approval of an
Owner is required, unless otherwise expressly provided herein, such consent or
approval shall not be unreasonably withheld or delayed. Any request for consent
or approval shall: (a) be in writing; (b) specify the section hereof which requires
that such notice be given or that such consent or approval be obtained; and
(c) be accompanied by such background data as is reasonably necessary to
make an informed decision thereon. The consent of an Owner or Walgreen
under this Agreement, to be effective, must be given, denied or conditioned
expressly and in writing. During the continuance of the Walgreen Lease, any
consent by the Owner of Tract 2, to be effective, shall also require the consent of
Walgreen. Any consent of Walgreen may be given, denied or conditioned by
Walgreen in Walgreen's sole and absolute discretion.
11.4 No Waiver. No waiver of any default of any obligation by any party hereto
shall be implied from any omission by the other parry to take any action with
respect to such default.
11.5 No Agency. Nothing in this Agreement shall be deemed or construed by
either party or by any third person to create the relationship of principal and
agent or of limited or general partners or of joint venturers or of any other
association between the parties.
11.6 Covenants to Run with Land. It is intended that each of the easements,
covenants, conditions, restrictions, rights and obligations set forth herein shall
run with the land and create equitable servitudes in favor of the real property
benefited thereby, shall bind every person having any fee, leasehold or other
interest therein and shall inure to the benefit of the respective parties and their
successors, assigns, heirs, and personal representatives.
11.7 Grantee's Acceptance The grantee of any Tract or any portion thereof,
by acceptance of a deed conveying title thereto or the execution of a contract for
Greensbo.74e757.5 12

BOOK 953 PAGE jO
the purchase thereof, whether from an original party or from a subsequent owner
of such Tract, shall accept such deed or contract upon and subject to each and
all of the easements, covenants, conditions, restrictions and obligations
contained herein. By such acceptance, any such grantee shall for himselfand
his successors,. assigns, heirs, and personal representatives, covenant, consent,
and agree to and with the other party, to keep, observe, comply with, and
perform the obligations and agreements set forth herein with respect to the
property so acquired by such grantee.
11.8 Separability. Each provision of this Agreement and the application thereof
to Tract 1 and Tract 2 are hereby declared to be independent of and severable
from the remainder of this Agreement. If any provision contained herein shall be
held to be invalid or to be unenforceable or not to run with the land, such holding
shall not affect the validity or enforceability of the remainder of this Agreement.
In the event the validity or enforceability of any provision of this Agreement is
held to be dependent upon the existence of a specific legal description, tha
parties agree to promptly cause such legal description to be prepared.
Ownership of both Tracts by the same person or entity shall not terminate this
Agreement nor in any manner affect or impair the validity or enforceability of this
Agreement.
11.9 Time of Essence. Time is of the essence of this Agreement.
11.10 Entire Agreement. This Agreement contains the complete understanding
and agreement of the parties hereto with respect to all matters referred to herein,
and all prior representations, negotiations, and understandings are superseded
hereby.
11.11 Notices. Notices or other communication hereunder shall be in writing and
shall be sent certified or registered mail, return receipt requested, or by other
national overnight courier company, or personal delivery. Notice shall be
deemed given upon receipt or refusal to accept delivery. Each party and
Walgreen may change from time to time their respective address for notice
hereunder by like notice to the other party and Walgreen. Notice given by any-
Owner hereunder to be effective shall also simultaneously be delivered to
Walgreen (during the continuance of. the Walgreen Lease). The notice
addresses of the Tract 1 Owner, the Tract 2 Owner and Walgreen are as follows:
Walgreen: Walgreens
Attention: Real Estate Law Department
Mall Stop No. 1420
104 Wilmot Road
Deerfield, Illinois 60015
Tract 1 Owner: Christopher B. McLendon
c/o Rich, Rich and Phillips
Greensboro 748757.9 13

BOOK 953 PAGE 440
1468 Carolina Avenue
Washington, North Carolina 27889
Tract 2 Owner: Elizabeth City Development Company, LLC
C/o G.H.K. Developments, Inc.
170 Broadway Street, Suite 227
New Orleans, Louisiana 70118-3508
11.12 Governing Law. The laws of the State in which the Tracts are located
shall govem the interpretation, validity, performance, and enforcement of this
Agreement.
11.13 Estoppel Certificates Each Owner, within twenty (20) day of its receipt of
a written request from the other Owner(s) or Walgreen, shall from time to time
provide the requesting Owner or Walgreen, a certificate binding upon such
Owner stating: (a) to the best of such Owners knowledge, whether any party to
this Agreement is in default or violation of this Agreement and if so identifying
such default or violation; and (b) that this Agreement is in full force and effect and
identifying any amendments to the Agreement as of the date of such certificate.
11.14 Bankruptcy. In the event of any bankruptcy affecting any Owner or
occupant of any Tract, the partiesagree that this Agreement shall, to the
maximum extent permitted by law, be considered an agreement that runs with
the land and that is not rejectable, in whole or in part, by the bankrupt person or
entity.
GreensMl. 740757,9 14

BOOK 953 PAGE 9 ..
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
(see next page)
Christopher B. McLendon
Elizabeth City Development Company, LLC.
By: Gordon and Lin a Kolb Properties, LLC,
Its: Manager I
By: 1�
Gordon H. Kolb, Manager
County, North Carolina (see next page)
I certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she signed the foregoing document: Christopher
B. McLendon.
Date:
(Official Seal) , Notary
(Print Name)
My commission expires:
Or/ems .s Parish, Louisiana
I certify that the following person(s) personally appeared before me this day,
each a;;;99;::
' n he foregoin doc t: Gordon H.
Kolb.
Date:
Ei'r 3 Se olary Public
(Print Name)
ycommission is issued for life.
JUSTIN a. SCHMIDT
-1. ov PnM Ir
N.iA
My
Greensbora 746757.8
15

BOOK 953 PAGE 992
IN WIT N SS WHERE F, t
dal '�l write %a e/
C G
Christopher B. McLendon
Exchange Accommodation Titleholder
parties have executed this Agreement as of the
Elizabeth City Development Company, LLC
By: Gordon and Linda Kolb Properties, LLC,
Its: Manager
By:
Gordon H. Kolb, Manager
fmpL*-yA County, North Carolina
I certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she signed the foregoing document: Christopher
B. McLendon., Exchange Accommodation Titleholder
Date: / - //- x Do.7
(Official Seal)
Notary Public
(Print Name)' / ..,..
e •.'' �p,PY 'z� My commission expires: y1^/D
Parish, Louisiana
I certify that the following person(s) personally appeared before me this day,
each acknowledging to me that he or she signed the foregoing document: Gordon H.
Kolb.
Date:
(Official Seal) Notary Public
(Print Name)
My commission is issued for life.
Gree.sbom 748757.7 15

BOOK 953 PAGE 993
Exhibit "A" - Legal Descriptions of Tracts 1 and 2.
TRACT 1
BEGINNING at a point marked by an existing iron pipe situated on the Northwestern
right of way of West Ehringhaus Street (US Hwy. 17 Business; 92' R/W) which point
also marks the Southeastern corner of property owned now or formerly by Albemarle
Hopeline, Inc. as described in Deed Book 890, Page 162, Pasquotank County Registry;
running thence from said point of beginning North 36" 03' 32" West a distance of 202.13
feet to an existing rebar; running thence North 35" 51'13" West a distance of 36.40 feet
to an existing rebar; running thence North 05° 56' 25" West a distance of 161.55 feet to
an existing PK nail on the centerline of the abandoned right of way of Rum Quarter
Road, cornering; running thence along the cenledine of the said abandoned right of way
of Rum Quarter Road North 830 23' 28" East a distance of 11.27 feet to a set 5/8" rebar
with cap; continuing thence along the centerline of said abandoned right of way of Rum
Quarter Road North 70" 03' 21" East a distance of 435.55 feet to a. point, cornering;
running thence South 34o 59' 10" East a distance of 261.26 feet to a set 5/8" rebar with
cap situated on the Northwestern right of way of West Ehringhaus Street, cornering;
running thence along the Northwestern right of way of said West Ehringhaus Street
South 55" 00' 50" West a distance of 395.45 feet to an existing rebar; continuing thence
along the Northwestern right of way of said West Ehringhaus Street South 54" 59' 03"
West a distance of 109.18 feet to an existing iron pipe, being the POINT AND PLACE
OF BEGINNING, containing 3.70 acres.
Being the same lot or parcel of land shown and delineated as "Tract 1" on that certain
plat prepared by H.C. Harris, Jr., P.L.S., under date of December 11, 2006, last revised
January 16, 2007, entitled in part "Survey of Tract Division for Rich, Rich & Phillips, a
North Carolina General Partnership & GHK Development, Inc." recorded in Map Book
L44_, Page �, Pasquotank County Registry.
TRACT 2
All that certain lot or parcel of land situated in the CRY of Elizabeth City, Elizabeth City
Township, Pasquotank County, North Carolina and more particularly described as
follows:
BEGINNING at a point marked by an existing rebar situated at the Northwestern
intersection of Halstead Blvd. (SR 1152; 150' R/W) and West Ehringhaus Street (US
Hwy. 17 Business; 92' RM) running thence from said point of beginning South 11' 35'
36" West a distance of 44.89 feet to an existing concrete right of way monument
situated on the Northwestern right of way of said West Ehringhaus Street; running
thence along the Northwestern right of way of said West Ehringhaus Street South 55'
00' 50" West a distance of 451.44 feet to a set 5/8" rebar with cap, cornering; running
thence North 340 59' 10" West a distance of 261.26 feet to a point situated on the
Crc nsboro 748757.9 16

BOOK 953 PAGE 141
centerline of the abandoned right of way of Rum Quarter Road, cornering; running
thence along thecenterline of said abandoned right of way of Rum Quarter Road North
70" 03' 21" East a distance of 508.55 feet to a point situated at the intersection of the
centedine of said abandoned right of way of Rum Quarter Road and the Southwestern
right of way of Halstead Blvd., cornering; running thence along the Southwestern right of
way of said Halstead Blvd. South 30" 53' 46" East a distance of 30.56 feet to an existing
iron pipe; continuing thence along the Southwestern right of way of said Halstead Blvd.
South 30' 51' 37" East a distance of 68.12 feet to an existing rebar, being the POINT
AND PLACE OF BEGINNING, containing 2.18 acres.
Being the same lot or parcel of land shown and delineated as 'Tract 2" on that certain
plat prepared by H.C. Harris, Jr., P.L.S., under date of December 11, 2006, last revised
January 16, 2007, entitled in part "Survey of Tract Division for Rich, Rich & Phillips, a
North Carolina General Partnership & GHK Development, Inc. " recorded in Map Book
0 v4, Page o-Q , Pasquotank County Registry.
Gmensbom 748757.9 17

eMUT a
BOOK 953 PAGE 445
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BOOK 953 PAGE 116
EXHIBIT "C"— Description of Storm Water Detention Pond
BEGINNING at a 5/8" rebar with cap set ("RBS") in the abandoned right of way of Rum
Quarter Road, being located the following three courses and distances from NCGS
"Passport" having coordinates N:936885.1471 and E:2810646.206: South 01"06'45"
West 347.10 feet to a point; South 05"52'46" East 29.89 feet to an existing PK Nail
("EPK"), and South 05°56'25" East 15.00 feet to an RBS; thence from said BEGINNING
point, in the abandoned right of way of Rum Quarter Road, the following two courses
and distances: North 83'23'28" East 13.45 feet to an RBS; North 71°00'34" East
226.87 feet to a point; thence South 19"56'39" East 21.19 feet to a point: thence along a
curve to the left having a radius of 77.00 feet, a chord bearing and distance of South
16"53'36" East 27.32 feel to an RBS; thence along a curve to the right, having a radius
of 34.00 feel, a chord bearing and distance of South 13"58'07" West 44.68 feet to an
RBS; thence South 55"02'55" West 82.43 feet to an RBS; thence along a curve to the
left, having a radius of 47.00 feet, a chord bearing and distance of North 85'43'11" West
59.45 feet to an RBS; thence South 55°02'55" West 49.50 feel to an RBS; thence along
a curve to the left having a radius of 47.00 feet, a chord bearing and distance of South
16°46'34" West 58.22 feet to an RBS; thence South 21"48'06" East 58.73 feet to an
RBS; thence South 64"48'59" West 15.36 feet to an RBS in the eastern line of property
now or formerly of Albemarle Hopeline, Inc., Deed recorded in Book 890. Page 162,
Pasquotank County Registry; thence along the eastern line of said Albemarle Hopeline,
Inc. property, the following two courses and distances: North 35°51'13" West a total of
69.47 feet [passing an existing rebar ("ERB") at 33.07 feet] to an ERB and North
05°56'25" West 131.55 feet to an existing magnetic nail in the southern margin of the
abandoned right of way of Rum Quarter Road; thence in the abandoned right of way of
Rum Quarter Road, North 05"56'25" West 15.00 feet to an RBS, the point and place of
BEGINNING; being the area designated as "Storm Drainage Easement" containing 0.61
acres +/- (26,508.02 sq. ft.) as shown on survey entitled "Rich, Rich & Phillips, a North
Carolina General Partnership & GHK Develoment, Inc." prepared by H.C. Harris, Jr.,
Engineering & Surveying, P.A.; dated January 9, 2007 and revised January 15, 2007.
Sheet 1 of 2.
Greensbom 748757.9 19

H.C. Harris. Jr.. Fngineering &c Surveving. PA
216 Main street Winterril►e. North Carolina, 28590
Fhone:[phone] Fix: [phone]
)C)( E-mail; hcharri%(i hcharris.net
To: NCDENR - Land Quality From: Michael D. Tolson, P E.
Attn: Mr, Scott Vinson Re: Walgreens - Elizabeih City, NC
Fax: [phone] Pages: 3 - Including this cover sheet
, Date: March 7, 2007 -r
Phone: ti h : 3j, ti Y 'J
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
e Comments:
Per our conversation. Thank you for wonting with us on this project.
MDT
RZ CE-NTED
OR 0 8 2007
DW Q
YROJ #

WALGREENS
GI-IK Developments, Inc.
Citv of Elizabeth City. Pasquotank County, Not Carolina
5 W7o7/ )117- A,��C���
5W7o70a16-
ST®RMWATE R NARRATIV E
kZchl-
FEB 16 2007 For:
DWQ-V1WARO
Rich, Rich and Phillips Future Commercial Center
City of Elizabeth City
13ASQUOTANK COUNTY, NORTH CAROLINA
Developed By:
Elizabeth City Development Company, LLC / GHK
Developments Inc. and Rich, Rich, & Phillips
Plan Prepared By:
H. C. Harris, Jr.
Engineering & Surveying, P.A.
216 Main Strcet, Wintervillc, North Carolina 28590
Phone: [phone] Pax: [phone]
c-mail: hcharris o,hcharris.nct
SW 1

I�l
WALGREENS
GHK Developments, Inc.
City of Elizabeth City, Pasquotank County, North Carolina
DESCRIPTION OF PROJECT:
Location of Project:
This site is located in the City of Elizabeth City, Pasquotank County, North
Carolina, northwest of the intersection of Halstead Boulevard and West
Ehringhaus Street (US IIWY 17 Business). The northern boundary adjoins an
existing abandoned 60 foot right of way of Rum Quarter Road. The eastern
boundary adjoins an existing 150 foot right of way of Halstead Boulevard. The
southern boundary adjoins an existing 92 foot right of way of West Ehringhaus
Street (US HWY 17 Business). The western boundary adjoins the property of
Albermarle hlopeline, Inc. The property is located at an approximate latitude of
North 36.29326 and an approximate longitude of West 76.24838.
Predominant Soil Types:
The project site is located in the Coastal Plain Physiographic Province. The
Coastal Plain consists mainly of marine sediments that were deposited during
successive periods of fluctuating sea level and moving shoreline. The soils in
this province consist of sands, silts, and clays with irregular deposits of shells,
which are typical of those lain down in a shallow sloping sea bottom. Alluvial
sands, silts, and clays are typically present near rivers and creeks.
According to the 1985 Geologic Map of North Carolina, the site overlies
Quaternary marine surficial deposits. These deposits consist primarily of sand,
clay, gravel, and peat deposited in marine, fluvial, eolian and lacustrine
environments.
Soil conditions are as described in the Geotechnical Engineering Report provided
by Terracon Consulting Engineers & Scientists Project Number 72055065 dated
December 29, 2005.
Type of Development:
This stormwater management plan is to serve Tract 1 development by Rich, Rich
& Phillips, A North Carolina General Partnership and Tract 2 development by
Elizabeth City Development, LLC which is also known as GHK Development,
Inc.
Tract 1: This tract is for future development of 3.70 acres of proposed future
businesses.
Tract 2: This project is situated on a 2.18 acre tract of land and consists of a
14,550 sq. ft. building, parking areas, access drives, improvements to Rum
Quarter Road, widening of Ehringhaus Street, & a 0.61 acre detention pond. The
proposed site development is for a retail drug store.
We C7 ree s
SW 2

WALGREENS
GHK Developments, Inc.
City of Elizabeth City, Pasquotank County, North Carolina
Garth Disturbing Activities:
Presently the entire tract is being used for a rest home. The earth disturbing
activities will be the demolition of the rest home, the striping of topsoil, grading
for the proposed parking lots, road improvements, and access drives, grading for
the proposed swales, ditches, building pad, and the excavation for the proposed
detention pond. The total area of disturbance equals 3.92 acres.
Existing Drainage Patterns:
The site is crowned in the approximate center of the property. From the crown,
surface water sheet flows west off the property and into an existing canal. From
the crown, surface water sheet flows east and from Halstead Boulevard surface
water sheet flows west into an existing swale which flows north into a 12 inch
pipe. This 12 inch pipe empties into an existing ditch that flows west along Rum
Quarter Road and into a 30 inch arch pipe that spills into an un-named stream
that flows to Knobbs Creek.
Proposed Drainage Patterns:
The intent of the design of the proposed drainage patterns is to match the existing
drainage patterns as much as possible, while maintaining positive drainage for the
development and yet minimizing the impact on the Pasquotank River Buffer
Zones. All drainage on the site shall be routed to flow through storm drainage
pipes and then to the proposed detention pond for treating the majority of the
runoff prior to draining into the western stream. The stream is an tin -named
tributary to Knobbs Creek which flows into the Pasquotank River. Knobbs Creek
is classified as a Class C stream with Nutrient Sensitive Waters (NSW) and
Swamp waters (Sw).
The proposed drainage patterns of the Drainage Areas as shown on Plan Sheet C-
2.1 are summarized as shown below:
Drainage Area: Drainage Sequence:
A Drop Inlet 2
B Drop Inlet I
Catch Basin
D Catch Basin 4
E Catch Basin 3
K Flared End Section I
SW 3

WALGREENS
GHK Developments, Inc.
City of Elizabeth City, Pasquotank County, North Carolina
L Flared End Section 2
M Catch Basin 10
N Catch Basin 11
B. STORMWATER TREATMENT AND MANAGEMENT:
l . The proposed initial project built upon area for this site is greater than 30
percent. In order to be more pro -active in treating stormwater and to
facilitate future expansion, this design incorporates a wet detention pond
for this initial phase of construction. As stated above under proposed
drainage patterns the majority of the stormwater shall be treated by a series
of pipes that drain into the wet detention pond.
Maintenance of grassed swales shall involve the following:
At least once per year (more frequently if needed), remove excess sediment,
especially from upstream edge, to maintain original contours and grading to
ensure that runoff flows evenly in a thin sheet through the Swale.
At least once per year, inspect vegetation and reseed if necessary to maintain a
dense growth of grass.
Grassed swales shall be mowed at least twice annually to a minimum height of
six inches.
Do Not Fertilize swales (grass swales are designed to remove nitrogen from
stormwater and shall receive sufficient amounts upon normal filtering action
throughout the year).
3. Maintenance of the Wet Detention Pond shall involve the following:
Periodically clean trash from the grate of the drop inlet as needed.
Maintain the vegetative (grass) cover above the permanent pool elevation in a
like manner as grassed swales as shown above.
Clean out sediment in the Forebay and the main pond area when sediment
exceeds 25 percent of the original depth (when red paint is showing on sediment
clean out markers.
Adhere to all other maintenance measures as shown on page 3 of 4 of the
permitted Wet Detention Basin Supplement.
SW 4

Drainage Calculations:
Pro 0. (1 Walt, een's_ Hizabetl Ci , NC
Structure
No. PIPE-1�:
-
-
Parking Lot
__
"
Del Imi ,Tc i'Ime of Concenlration(Mm)
W h
L Hyd ilm Le glh, (FT)
Hydra u I
L _ 2730
H 2 1
--
-
- - --
-
-
Fer Uralnago
AT,-- A. _--TT-_
F- __
Lai
Fl
F r _
USC SO M'nute
---
-
-----.--__-_y__-_-.-
J
Inlonnt From CMd SD-1__
L__ -
- T
-I=_
___I
- _- 3BM
S60
- ._
lnchesll four
InrheslHour
M'nl hum
-
---__--
2Vear Slonn __
10 Vear Slnnn
------"----"
Use Rational Method:
--_15O
___
-Area
__
WM1are: _
-
3'olal A. of
D. CFS
C, Dimensionless
lou
A,Acres
-
Drainage
_"
-_-
-
--- -
---_ _--_-__.
_
0.16Arta
---
10 Yr --
C For Asphalt,_
_._ ._.
C Fore ass
-
--
-'--"
TW
6�..
____.___
8 D(IYeS =
-- p q----
_
_
- --
of Asph It, Ultly, 8 Drives =
of Gras s= S
Summ Lion of C -
C
0.03
0.15
CPAIID2--
0_32
Ac s-
-
USE
U=16((D )I(J"0.510d15rVFI
D OJ
5.41 0as
F E San in'lea e_nrl
--
6d5
C152Vr
--
-
Invetl Dul=--
pia clr
pl a slonless
- O
OA
CFS 10Yr_
r Inch
-
_
_0013
For RCP
--
]6.00
p
I.F 1 Py eludes
Inverll
V = GIA
-
--
'—'
001
'—
--- - --
-- ---
Check
_ A
0 ]9
rUsec__---
---
SF-
--"'
- --
Structure
Parking Lot
-___
_Hyd
_Hydmullc
No. PIPE-2
D lonni sTc rlmcof Concentrdlio-(Mn
Tc=
For Dral toga Arua A
--_--
{jL 3)IH) 03d
lie Le
Fall
L _
)112d
ylh,(FT)
190 0
24
_2 4
__ 6p
--_. ] 01
-
`---
--
----
-
--
---
-
- -
-
----
_--
--
FT
Min
Inrh
IeslHo
eslHour
-
_
-_
--
I tir.11, From Cha 1 SD 1:
Use Rational Methhoe:
�Cw
Tc
-
- _
USE 50 Mi
----
ule Minimum
- -
___
-
__ -"-
I, bYr_=
- ---
C For As M1all, Bld ., 8 Drives =
CFor Grass=_
--
-
-- =-1
pg -
02
Whore:
Q CFS _
C, Dimansionloss
I, Inches Per Hnm
A, Acros
Total Area of
Ama of As hall,
Area of
-_-
DE, inoya= —_
Did ., & Drives =
Dummalion elC- C-IC1-AI
___
iJ.]0_
0.60
Adres
---
0_tp
C2'A2)ITo41
080
3.1
0.3
Acres _
An
CPS 2Yr.
CFS 2Vr.
-
---"—
---
a -__---
___
--p _--
G =
"-
d.p --
0.4
46--O�s
-------
CPS tOYr--
CI'S tour.
1pyr.
__
--
Plus D From
Total Q
S¢e Pipe'
--
5
]d.Bp
I
Pi a-1�
D =
D>
_
Ch ck Valocll
W he e
D Diameter in Inches
enL-,,
el ss
-
0 9])1( )"0516fD
12 2
RCP MI nu Fo
LF I Ppo'ncludes_ F E S
I_vetln
V = DIA A
-D
013431
Fo-rftCi
In M1 s
51 ,I Cors
1 dr
1 23
_
-slope r
ln-
-
...0
-_ -
g
SF -
-
-
-
- ---
--
-
-
-- -
8ECEIVED
",
FEB 16 2007
,5'ti-7o7z)a 19

Structure No. PIPE 3:
Rum Owrarter-Road
Determine Tc, Time of Concentratum (Min.)
1
Where L.
H y d r a I I c t e n 91), ',1
LjEL,_i!mqeArea
D'
L
10JfT
H=
i IIET
T,
1.61M,
ISI 5ilO MI
to Miniamare
t."plty From Chart SD
1
56
toperiam
pasior--
i �� a ,, an
1
50 larh
IW
.1
110YearStorm
Fatf.rdl Kleth.87
Where: Q. CFS
560
apperemare.
7W
I lache PerHour
A
�C
0 For Asphalt.
For 'Gra
Old, Relives
-
Au —es
AreaulApplaralt. —.&Darves =
0.21
Acres
G�—
Arms
S.mmmi.nmfC=
[Cl'AI,C
Total ",a
C-
017
1.5
CFS 10yr.
Plus 0 From
FEST
a
0.1
CFS 2Yr.
001
CFS loy
1.2
CFS 2Y,
Q -
1.6
CTS-1 oy'-.
,4'0—plpff
---------
vpwa,
D, Diameter In orhas
,Vjr
13
Eo'—viCT---
D 1 G[pQ-pj/SrO.5j
0375
S. Slump,
TH
0,0050
D-
966
Inches
12
- RCP
--TV.Op
i F of Pipe
I.,e,l
5,78
Invert Out
V � QIA T
A- DA
SF
_22063 Fusee,
Structure No. PIPE-14:
Rum Quarter Road
.---- Determine Tc,Time ofConcentation_(ML_L
T
Zo
13)Mf`0385)IL28
lhp�
if
L� opa, length,�FT
H Hydraulic Fall, LET)
250,0
Fr
Immorally I rare C
1
3,13
560
Mra.
Inchostf-lour
USE 5 0 Minute
Minurtiol-
I ZYLqar Slor
Use Rational Water:
Where: Q� C�S
Q CE
750
haafm.11iTur
Year Storm
it
5.60
Do,
GIDimensionless750
1. Inches Per Hour.
lnet(
C
-
-JG
For AspImit,131caj.
& In,om
0.9
A 'Fr�
A,
Far Goire
Trial Ama — naquL___
048
ftes
Am. of As hall, RJR Drees
0 36
Arres
Pope of Gross
-
1-2,
Acres
Summation of C -
?I/Telal
re
r
C�
__�7�3
Q
E, _�T r
r.
Q
2W
Oyl.
We Pipe
D_DiQaL]1_0LIo laChas
I
n_Dwnmn
--0.013
For PEP
D 1l3[lQ'p)/(S)-0.5
-0
P. FVFI..
0.0229
D
—'RCP_.
[9,14
Inches
ITSEL
-Pi,
Mmenmm For
Stmetcoussia,
—
------
36.00
LP of findude.
F.E.S. ce late[
-----
- —
Invert to
6.12
Invert
510
----]
Glial Valosity

Structure No. PIPE-4:
Rum Quarter
Road I
DedeaWn—e -To, Time of Concentration (Man.).
Hydralic Length, (UT
82.OFr
2.0
FT
10
_
M.
6 FF�5 0 A men
Minimum
-_,Inlonslly
From CIemSD 1
1
5_66
in--,
ch.s1H.r
lhch..IH.u,
10Y.,Strumn
Use RalinFul Muth�T- - -
0 - CIA
fee.: 10,
cps
2-Y" -
C, plmenslonless
1, If) Yr. -
7 50
1, Inches Per I loud
C For Asphal
Bldg,, &
Drives -
0.9
A Acres
Grass
=01
I tal Area of DralnaguOAT_
Acton
Area of Asphalt, Mr., & Drives
O.M
Acton
Area .1 Gross--
0,10
Acres
tSmerastiam
of C -
CI'AI-C
'A21 I Total Area
Fc_
0,73
Q =
16
NF _S2Y'
_._72—
ETS —10Y,
Plus a I rare
PhsQF'unn
PI
'P.,
a =
(5-
_a-
3.5
- L.2
CFS 2Yr.
CFS _2Y_r_,______
0
0
4d
1.6
CFS 10Y,
CFS WW
Fla. a Virus
fpc 141
—iT-
ms 2w_
-ci
—zd-----
cTsioyr.
Total Q
Q
8-2
U-S Nr-
—Q
11.0
---
CFS loy,
D I()II
......
1�0375
WtLerc_
D. Diameter
9 Donsonsionles,
S, Slope - Fort
in 1111111, 1
-
- - - - -
000
RCY
USE
Chock Velocity_
__74
224M
_ _
6
LF .1 pipe.-
I'ven 11
V = CIA
F22.1 d___
5.10
hdlhTs
7
invert Out
4.30
- - - - - -
Structure No. PIPE 7:
R u
Rum Quarter
Road
Dare too T,
Time of C.no.a
.1—IM(I
------- -
((L�j3L�)AO38q)01 28
Wh
L Hyq,,,Iic Length. (FT)_
H. Hydraulic
.11 (FT)
For Drainage Area J:
398 0
1 T
___3 4
FT---
T TC­
o
45
Mm
MIT50MinutOA-
man
hht.nsnl From
Case SD 1
1
5 CO
Inches/Hour
2 Year Stores
I -
7.56
Inche"A Iran
-_ —
10 year Sturm
Use Rational Method'.
CIA
I
2-Y,
SM
C.U11—monsionles,s
"a
_I
I to Yr
TW
I, Inches Per
—'CForGrass-
C For Asphalt, BI g..
Drives-
09
A,Aaas
52--
7
Total Are. or Drainage
Acres
Area of Asphalt, Bldg.. & Drives
__j.07
095 -
Acre_._
Area of Grass
0
Acres
Summation of C
Plus Q From P,,a 4
C
0.82
OM82
4.9-
8.2
13 2
CF-S 2yr--
C; S 2y,
CFS2Vr­__
on
Q
Q
__Q_
= —6 6
= 1170
_17 ,6
CFS _10Yr.
CFS Mr-
E�_, foyr-
Where
D, Diameter
in Inches
--16
---
Dimensionless-0
01,1
Fm_jiC­p
_1(9�90111 A
',JA�
-
_S'qInm,-FVFt00055
- ---
D
24.42
Inches
24
6 7 00
L.F.ot Plus
Invent In -
4 30
load
3.93
-Out
Ch2c kV I
t
V=Q/A
A=
-S-1-4
-------
V
5.61
Fusue

Structure No. PIPE-8:
Rum quarter Road
D lerni a Tc, i I a of C cnet
mtlo (Min).
---
--'----
--
----
�--------------
-- -'
Where
-
L Hydralic Length, (F F)
-
---
For Drainage
Area M & 30%of
PBS-1l__
Tc
298.01°1
_ _ 4 3
Mi Min.
USE 5.0 M'nute
MI Imum
Intensity From Chart SD-1'.
I_
5.60
_
Inches/blsur
1=
].50
mcewrour
10 Year Storm
Use Rational Method:
Where:
U, CFB
1,2-Y,
C. Dimensionless
I, 1OYc
I, Inchon Per I Inu
__
IC For Asphalt, Blda., &
Drives =
O9
A,gacs
CFor Gmss=
_
02
_
Total Area of Dra um e =
0.33
Acres_
Area of As hall, Win R Drives
-
022
Ares
Area of Gass=
0.11
Acres
Summation of =
LAtC2'A2
(Total Area
0=
1.2
CFS 2Vc
U='
17
CFS 10Vr.
Plus 0 From Pipe]: -,_
--
_. ___O=
13.2
CFS 2Yc
---
_ U=
1/.6
CFS 10Yr.
_
lolalQ
0=
14A
CFS2Yr.-------
0=
193
CFS 1pYr.
n DI enslonless
0013
For RCP
� 1ORTAI(S)"0_„
(0 E5 ...___
S Stupe FV_FI
_ 0W29
---_
____.-__30'RCP
_
D-=_
-
2848
Inches__
USE:
- -
-
Inved In =
_ 3.9J
Invert Out
_
ech VelociVU/A
A=
_4
_9_151'�
-----
_
V =
3.93
FUsec
_
Structure No._PIPE-9:
Rum Quarter Road
Determine Tc.
Time of ConcenILi
(Min,)'
Tc=(QL
3)IHL0.3&5)112&
L HYJralic LqUth_(I 1)'-
_
_
H Hylaullc Fall, jFD
For Uminage
Brea N R ftomainder
Intpnslly Prom
of FBS-1:
Chart 50-1: _
L =
H=
_rc=
_ I =
304.0
25
_ 5. 1 5
F f
FT
Min.
Inches/Hour
2 Year Storm
1=
9411nchesMour
10 Yeor Storm
Use Rational Method:
O=CIA
Where: _
0: CFS _
_ _
2Yc=
5.51
C Dionrommules
1
I, 10 Yr.=
741
I, Inches Per Hou
_
_
C_For Asohall
Bldg.,
8 Drives =
0_9_
Acres
C in Grass_=__
--
--0.2--
_
Tool Area of Draina o =
_ 083
Peres
Ama of Asphalt, Bid & Drives =
0,5]
_
Acres
_
-
Area of Grass =
0.26
Acres
Summallonof C_=
(C 1'At+C2'A2JITotal
Area
C =
0.68
_
0=
-
CFS-
D=
4.2
CFS 10Yr______
Plus U From Pipe 8__
_ 0 =
14A
CPS 2Yr.
___
U =
19.3
GF$ 10Yr.
__Total
O:
0=
1].;i
CFS 2Vt.---_---0=
23S
CF510Yr.------
Size Plpe:_Diameter
m Inches
---
I_ _
n Domori-I MICLS 5
13
or RCP
6/5___
29.]fi-
Inches
S-_Icpe FVFt
0.0034
USE:
30'
64. W
RCP --
LF of Pipe
-
-_
_
_
Invert ln=
3.55
Invert Out
-- 333
---------
Check Velocli
V 0IA
_ A
4915E
V=
418

Structure No. PIPE-17:
Rum quarter Road
Sarno Flows From
PI a 9'
Trial O'.
O=
17;i
CFS 2Yr.
O=
23.5
CFS10Yr. _
ze I e'
Who. :
D, DL maser in Inches
n,Dimonslonless
---- -
0.013
-----------
For RCP
=1fi1(OIL)^O.SJ^O.J]5___
S. Slope _FUFI_
0.0031
D=
30.28
Inches
USE:
'RCP -
-
---
`-
----
-
_
Check Velocdy
3600_
Delormine Tailwater
LF of Plpe Incl ttlas
Invert In1
V OIA
V
Depth
F Cti on outlet
3.331
_
A
_ 478
end
4915F
FUse_
In I O p =
_
3.22
-
_
—
--
_ _
1_ d=
1/2 Outlet Plpo Dla ole _I_
05
1 2
Ft
II I_
Fnm Fyor B05d
T l oler doFlh Is ass In.,_
_
tel u_
�_
MI Imum la Iw ter conditions
most
USE
Class B Ripra�pmn
wllh GoolcNilc
ll ded
ne
--
ApronD pm _
t 0
Ft
_.__.
Ap an longlh
1000
Ft -
--
--
-
-
-
AprnWidlh,AFLS
Aprt Witllll at and _
10FI--
1300
F1
--- -- -'-'
Aron Slope -
0.00
%
- -
---
Structure No. PIPE-10:
Outlet Pipe From Detention Pond
Detrool.p To
TI n 9 Cmu,nototl
—
Where:
-11
3)IH) 0.30511 )&
L Hkxl al¢ t-ngth C.
Ityda IClrall,
Far D alnago
-Where:—�
_
Area 1 BS 2 &PBS 3
Intenslly Frnm Chart 5D-1:
Use Rational Method:
O=CIA--
GFS _
C_` core ionloss
I, Inch, Par lou
A, Acrus
Taal Area of Drainago=
Area of Asphall, Bldg., & Drives
Amp of GrassL_L30Acres
L
is
1=
1=
=
-_
16B 3
19
5.601nihasMou_
__ 7501niheslHour_
-
2.65
1.35
FT
MI
_1,
Acres
Acres
_
USE_SO M2 Yeara Storm
2Year Storm
110 Year Storm
T-
2-Yc= - -__ _
I, 10 _Vr.= _-
C�halt, Bldg.. & Drives
C For Glass =
_
550
5,60
09
py
Summation of C.=
IG1-AI rC2'A2JITotel.
Arno
C =
0.56
8.3
CF-S 2Vr.__
__
p=
11A
10Yr_
Plus O Form is. 1T. _
O =
-
17.5
ICES 2Yr.
O =
_CFS
23.5
_
CFS Mr.
TMalO:
D=
258CF52Yr
—_
.-
p_.
3E5
—
ICES 10Yr.
-
Wh—ere:_-_-
—
_-eFr nche-.s
_ .CP
_----
_Siz_o _P_ipe_
__if;
6((O_n)(_)"0
D
a,Dian
02-4
31.1]
SDliwopmee-
Pn
I—
--
0.0196
USE_
CMr
'--'-"----
___.___
_
_ 56-f
__
LF of Pipe includes FP.S. on oullet
end-
--_
_-
Invert ln=
3.00
invert Out
1_
.90
-------
Chnck Velocll:
__
V=O1A
n=--
7.07
SF- -"
"
V =
4 Be
Fusee --
--
-'-
--
-
--------

Structure No. PIPE-6
Rum Quarter Road (North
Side)
_
rrm eTC
W
Time ofConcentration
Tc ((jL^3jIM)
here I
(Imj
0365)1126 _
I{ytlrallcc F.T1 FT
HydmuliFall (F�
H _ _.5
rc bJ Mn
_
USESOM
_
Minute Mini
_ 2 Yen, Storm
or, Storm
_
For D
.__
H
�USE
- --- _ Intonslly
Prv_in
---
Chap 50-1', _
_ I-
I-
60 InchGs/Hvur
7.501nchesll{our
Use Rational Mather:
O=CIA
—Where:
0. CFS
—_-1,2-Y_
_
C, Dim, awnless
10-Y,.=
7.5O
Inches Par Hall
__.
IC-Fm
Asphalt,
Grass=0.2
❑Irg_8
prvvs= _
09
Total Area of Dmina o
2.13
Acres
Amn of Asphalt, Bldg., R Onvos�
. 1.91
Ama of Gmss = �
022
Acres
_
Summation of
C11 'A2f//Total
Area
_
C =
063--
0=
9.9
CI'S 2Yr
0=
13.2 CFS
tOYr.
Sire Pia
Where
D, Diameter in Inches
L__
_
n, Dimensionless
0.013
For RCP
D 19((D �S) 0
5)^0 il5
S. Slope FVPI
0 M49
D
2241
___
ll ch s
_
USE _
24
LF
Check Volecl
_
:
Invert In
V_=
370
heart Out
V -
4.21
Nsec
1
Structure No. PIPEA5:
Rum Quarter Road North Side)
Uele,minoTC
For Drinage Arva P:
Time of Concenlm0on
Tr _
W bya
(Min
((L."3)II1L66)I128
1 HLength
H Hydraulydram ic Fall FT)
L= 325.01"1'
IT 46
FT
_
tv sity From Chall SD 1 _
Tc
= 34
560
Min.
1 ches/H lr
USE 5.0 Minula
Minimum
IcM1eslH
10 You,
10 Year Storm
Use Rational Molhod
_
_
Q= CIA
1
---
WM1em
O, CFS
1 2Yr
- ---
5.60 �-
race
1O Yr.
1S0
__
I, Inchon Par Hou_
_ _
_
C For Asehall, Oltlg
& Drives __
A, Acres
_
or Grass=
_09
0.2
Total Area of Dra r e=
9
—
--
0.51
Acres
--
Area of Asphalt, Bldg _R Times= __
Area of Grass =
0.49
0.02
Area
Acres
Summation of C =
(C1'Ai C2
A2] /Total Area
C
OB]
0-_25
CFS2Yr-
_
_-_O
3.3
CFSIOY.-_ _—_-
Plus O From
Pia
0_
9.9
CF5 2Yr
O
1 13.2
CFS 10Yr,
Total Cl:::::
_
0
12A
CFS 2Yr
16_6_
GFS 10Yc__
_O
_
_
Sire Pipe_
_
D= 16[(Q'nr(S)AO
5]0375
_
Where:
D D ameler in Inches
_ U isle Iss
S Slope FVF 1_
0.013
0,0033
For I2C1
_
D
26.26
cM1es
USE
30
_
RCP
_
_
Qwch Velocity
_ 30.00
LF nl Ip silland
InvmtI
V = 0!A
V
d-.__
_F C
335
A
-- 3.3]
1.25
ill I ntl_
4 91
FUsec
Ft _
ert01=
F
Omum
325
---
__
tl2 Oullvl P� Diameter
1.25
Ft
T Iwale tlepth is less
mn is enai
Ihnn 1/J out
of m t r the f rri.
USE:
Cinss IT Ripar, Aron with G
Apro Depth[TI
Api L91h 1000Apron
Minimum 4�ilwaler conddens
e1eN InU d I o
exist
_ _
W idlh alFES_
ApronWldm at entl_
1300An
Slo e =
t

Use Detention Pond as Sediment Basin During Construction:
-------
Uenutletl Aron: _
Rumon Peak:__—
DdWn-nioTr,, Tlmnof Gon:enlmtll
-I e =
woe e' _
�_ —II
Use Sealing Conditions
IntansIty Fmm Chan SD- 1.
__
Use Rallonat Melhotl
D = CA
De thentao Sadimenl Storage
Volume = 1800 cubic fisaUd slulbod
66
10566
58%Acres
'
Min—
IncheyHour
--
-__--
-
--
- ---
--
------""—
- _—
—
_
(((i 3)LHI a 38Siii za—
L Ilydmhc Le gth IF F)
Ilyd adcr II_(IT)—
_ L= 71281-T
Bd
1= dB51nr.M1eslHour
__ 6 EO
Volume
acre-
__ —
-
--_
__
—
)Year Slnrm
-- ---
10 Year Storm
--
---
—
--
ci
---------
--
-- —
Detonated Peak Flow
-
--
—
ftatlonalMethod
-- -- —
wdignteed=_
E.2scr
n1
Role
c=
iallknedsuy_
a.zs
fi.eo
Gm� _—_--.---__._----.--.----------------
----.._------------------
Area =
5,87
D =
11.5o
cfs —_--
____.._—
Dalermino Surlace
Area
0.1157564
acrds
Sudace Area
Pruadad:
"
5042.3
sgfl __
_
Delmmino
in Dimensions
--
--
4
Area=2Wsguared—
__--_._..___—
It _
width_
tangy, _
PmWtletl_
,r.wd'
82
100
fl
_--
_ 248
tt
--___
Dolcrmine Do tom_____—.—.----
De�h=VISA
- 2.10
n
------
---
--------
-
----
Minimum do Ih 1.5 to 2
Raundu to=
-1
Protidetl'.
411
Spillway Capacity
---
---
010=
11,56
—
--
-----
Weir E uallon:
D=Ct-wl 5
C=2.51or stone
s,illway_
--
_
L=WClr length
H=de 1phol
now Unalmaklo-
---
L=
13.1
Basin Dimenslons
--
—_
Witllh =
50
It
Sed nssin
Design Calc
lalions, Dimensions du:eed rdquiremdnls.
basin m_u_st be excann! to design
pdntl.
--
_ l.englh =
Depth =
Weir length=
10o
2.1
13.1tt----
n_
fl _—
After establishment
gmtle for use
of grass,
as datenllon
elevdions and
On Site Existing Conditions (Pre -construction)
-
mine Te,
Iron of cdocsh
rat n1Ml )Te (((L 3.L) 0985NV8
IIyoal cLo_ glh (FT)__
Iylraul rl a ll, (FI)
665
---
FT—_H
----..
--_L
W hem
__-H
From Chan SD-1:—
61
5 ]Minily
FT
1 rheslliow
]3
10 Ydar Sturman
nal(MeIM1 d.IA
0 CFS_110Yr.
C Di ensionless
Icla.s Per Huu410 Ynar5lr
Acros Are of DI _ a9_
Bldg Drlras A Ash 1l�
Grass=Ef Sumnen ofC=ICi•A1-C2
rG
_n
]3
ad
000
__G
Aof
Adl
�2J/Total nreaI_
FarAsU
CForCass=—n
ivaw�s
p�I,
C
—0 23—
—_
—_ o
43 crs
1oyo,rslnrm-
If

On Site Post Development Conditions
Dxrmine Tc,
Time ofC col
tlen (M )
Tc =
(((V3)IH) 0Mi5L/126_
Where
L_Hydrahc Length (FT)
' _
—.
II I, Hyd tt l c Fall
.
. .
.. _- IF_
11
__
492 5
_—
J21i
FT
lc-
fi4Mm.
- - --. _
Inumnsity F m Chad SU 1
U R tiu al�Method: _
I
—__
7.1
I qheslhl v
_
10 Year Sbrm
_
_
--
Whea'. D OFs
Ir_
Yr
-
>>
_
C,U'me sonless J
ches Per Hour, 10 Year Storm
C For Asphalt
C For Gr
9 Bldg,
ss _-_
I
BDiue ays=
09
_—
Area of U I_age
25M1
Acro _
_
_ _Total
Amn rl Bldg _Deves B Asl hall
Aron of Gars= �__
ati nelC=
0,76
1_]8
(C 1Ai
A r s
A ms
X.
OM1i
-1al
—Sum
D
�C
].4
CFS
16Year Sh
__
—
_
Pran Structure No, PI 10 apawn
_ 0
See Wpt Dnenion Pp d CalculntIo s
3,1.5
_
CFS _
10 Yea Storm_
Froehaartl from permanent pool toop of 36Risere
o106.`i allows for the voWma o! 1" storm and Iho difference
of flew hem pre-clonsl uctln to asl ce strr{vclio—n
co dltio S of 12 7 CFS to an centroted and ref used over 72 hours:
Therefore. Post Dovolopmenl Flow is Less Than orental to Pre-existu y Gondltlons

Wet Basin
Catcnmenl
i Determine
Sitc
Total
Impervious
Permanenl
From
Desl n For: Wal roans Elizabeth
Area 1.----
surface area of permanent Pool—
Impervious area I 4 59 Acre
_ Site area fi.93 Acre
/ Total. _Arta . C.66 rX 100 _ _ 6fi %
Area—
L
_ 400 Ft Al Elev.-710'
Pool Depth' I
Table 3 3 3 NCDENR DWO Stormwater Site Planning Guidance Manual. 90
mgervious-7 _ --� NO
.30
66 52
6
76 o0
Required Surface Area (SA)
SA 5721100 I693
Ci NC_
—
--
__
% TSS Removal
Vegetaletl FillerR
wired
'-Permanent
2
SA 1040 Acre _ _ 1
Pool Surtace Area Provided � 1
Surtace area provided exceeds surface area required
_F.
volume controlled by 1 storm I
17267,01
241fi7.66
SF
SF At Elev. - TO
_
-
_ _
IDetermine
11
-IRv
Rv Runol/ Coefficient (inch/inch)
= Impervious Percentage
005 0.009 Il
_
_
Rv =
0.65
inchlinch
_
-Volume
Design
Rainfall X Rv X Drainage
Area
�Vmbna
V(Acre Feet)
_
Design Rainfall = 1 SlormSinchas
V =
ma Dragu Area = Total site area curate drainage flowin onto project
_ -_.
0 373 Acre Feet
if any (Acre)_
V__I
1625J J3
Cubic Feet, Cr
—�
_
Tam ore Pool Volume
Providatl:
iArea
�
Area at Clev. 7,10
at EEnv.d 7.10
Average End Area:
Mullipbed By Depth:
Volume
30604.04
274 .95
27405.05
0.65
17865.87
__
SF__
SF
SF
FT
CF
Vol umc provided ex —volume required.
-creeds
Delermme Freeboard for Pre -construction O to be equal to or less roan Posl construction O:
-1
Post construction O
34 5
CFS 10 Year Storm, as Drainage Calculations
Pre construction Q
_
21 8
CFS, 10 Year
Storm, See Drainage
Calculations
_
Drierenco
1 12.71CFS
.—
IUse Wun Equation
—here_-
0 =Cw L H 1.5
Re lormulale to solve for H
Driving Head (PI
__
D=
Flow CFS
Cw=
Weir Coeuiuent (Dimensionless
3.00
For Free Overall Condition
---
_ --�—
L=
Length of Weir (FI.L
9.42
For 36 Pipe
----
H-
0,59 Fl.
- _ 065 Ft._ -._ -_Provided
Required

3
- - - -
nsions
Determine Pond Dime _ �_
�Lengih to witlih ratio 3 1 or greater
IAs measured at Elev. 7.75'..
--_
_
---
-----
----
�—
lWidth Provitled:1
Length required VJltllh x 3 }
82.00
FT_
--
-- -
--------
Lengthrequned _ 248
f en t provided exceerequired.s length Length Provided _248 W
FT _--
FT
-
--
(Permanent Pact Voume provided:-
-
--
Area at Elev, 7.10
_ Area at Elev. 3.D0
____Average End Araa
_ Multiplied By Depth
Permanent Poel i (Volume T _
-Volume
2416786
SF
-
14040.17
19104A2
SF
SF
4.10
FT
I 78326.46
CF
__—
Temporary Pool -. 17865.87
CF
�Tolal Basin Volume 4
_ _ 196792 33
Determine Forebay_Voluma
---
CF
'-
'—
Forebay 20% of the basin volume
Forebay Volume Required 19238 47 CF
F_o_r_ebay Volume Provided:--
_-'Area at Elev. 7.25 6441,00
(Ares at Elev 3.00 2940.00
-. -
_ Average End Area 4890.505E
_ Multiplied By Depth. 4.25
19934.63
--
-
SF
SF _
--
--
FT -
-_-_.-
CF
—
_-
-Volume-
ore a volume --volume_ regwred
--provided exceeds
_
4
Volume Allowance for Sediment Storage
Size orifice to dram the runoff volume 9e 696.16
- ��
Size Drawdown Ontice
of the 1 storm over 48 hours to 120
_ e 3 days = 72 hours I f -
_ V
I Q_
_ = 16253 33 JCF/]2 hours) (1 0 hour/60
Q-
CF
-----
--
-
--
hours
—
- -
minul
--
s 00 minulol
60 secontla)
_
_
Use Onfice E uahon
u
Where:____ Q = Discharge CoefOclen�CFS) I-
Cd_Coefficient of Discharge (Dimensionless)
rea A = Cross Sectional Aof Orifice Pie SF -__ Pe (_I-
g = Acceleration of gravity, (ure F/Sec"2)
_ c su resre Hm eatl as easuretl from the ceOn
Cd=� O.6Ty p _cal Dcfaull _
h
For a 20015 05(Pipe diameter)-
_ �lnch Diameter Pipe
_ -_ _ 0021 _
h
�FS
d of the an
cc pipe to
-
--
the water surface (Ft)
"-- - --
-'— -
-� 0.1 Too Large
Fora 7.00IInch Diameter Pipe'. _
--- __ A=r 001
Q 003 CS Too Small
- --
For 1 50 Inch Diameter Pipe
__.
'--
Q=� 907CFS --
—
--
--
Provide 0 5 LF of 1501nch Diameter of PVC Pipe For Orfice Pipe With
__-7.10' evert Ad to Oulfall I Riser Pipe
7 6.85' Inved In
Reversed Slope_
-
--
-
- -'-
-

e��
NCDENR
North Carolina Department of Environment and Natural Resources
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s). Fax or email this completed form along with a narrative
and vicinity map of the project location to the appropriate One -Stop Coordinator:
• Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(dncmail.net a11ECEu rE9 ED
• Mooresville & Asheville Region -Patrick Grogan 704-663-3772 or patrick.grogantc ncmail.net
• Washington Region -Lyn Hardison 252-946-9215 or lyn.hardison(CDncmail.net FEB 16 2007
• Wilmington Region -Cameron Weaver 910-350-2004 or cameron.weaver(@ncmail.net
Project application received after 12 noon will be stamped in the following work day. D"' Q-W RO
APPLICANT Name Charles Phillips Company Rich, Rich & Phillips A North Carolina General Partnership
Address 1468 Carolina Avenue City/State Washington, INC Zip 27889
Phone [phone] Fax Email
PROJECT SYSTEM(S) TRIBUTARY TO UT to Knobbs Creek SURFACE WATER CLASSIFICATION c swamp
PROJECT Name Proposed Walgreens & Futures Business Sites County Pasquotank
PROJECT LOCATION (ADDRESS) WEST EHRINGHAUS STREET
ENGINEER/CONSULTANT HC Harris
Company Harris Engineering
Address 216 Main Street City/State Winterville, NC Zip 28590
Phone [phone] Fax [phone] Email
State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑Yes ❑ No
❑ STREAM ORIGIN Determination: of Stream calls; Stream Name
® STORMWATER ❑Low Density ® High Density -Detention Pond ❑ High Density -Other
❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site
WETLANDS MUST BE ADDRESSED BELOW
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
® LAND QUALITY ❑ Erosion and Sedimentation Control Plan with 4.0 acres to be disturbed.(CK # (for DENR use))
❑ WETLANDS (401): Check all that apply Isolated wetland on Property ❑ Yes ❑ No
Wetlands on Site ❑ Yes ❑ No / Buffer Impacts: ❑ No ❑ YES: acre(s)
Wetlands Delineation has been completed: ❑ Yes ❑ No / Minor Variance: ❑ No ❑ YES
Major General Variance ❑ No ❑ YES
US ACOE Approval of Delineation completed: ❑ Yes ❑ No 401 Application required: []Yes ❑ No If YES, ❑ Regular
404 Application in Process w/ US ACOE: ❑ Yes ❑ No / Permit Received from US ACOE ❑ Yes ❑ No
Perennial, Blue line stream, etc on site ❑ yes ❑ No
The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be
charged for subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
Fee Split for multiple permits: (Check #1003) Total Fee Amount $ 4420.00 (included routine fee for
Walgreens application SW only
SUBMITTAL
DATES
Fee
SUBMITTAL DATES
Fee
CAMA
Variance ❑ Ma'; ❑.Min
SW ® HD; ❑ LD
2/16107
1 $3200.00
401:
LQS
2/16/07
1 $800.00
1 Stream Deter,_

H.C.
Harris,
i
KK Engineering f Y.A.
216 Main sweet
in street
:
Date: 2/ 6/2007 .lob tdo: 05-050
Wmterville, NC 25590
252.32 1 .5G07
Attention: SGOtt V1115on
To: NCDENR- Wa5hingf:0n Regional
Office
Re: Walgreen,5 Elizabeth City
943 Wa5hmgton 56juare Mall
5tormwater and Erosion Control Express Permit 5ubmittal
Washington, NC 27889
We are sending you:
. Attached Under separate cover via the following:
Drawings
Plans Frmts Samples 5peci ications
Letter
Other
2
5tormwater Permit apphcation for Rich Rich and Phillips Future Commercial Center
2
5tormwater Permit application for Walgreen5 -pp Eli�lizzaabeeth City
UVED
FEB 16 2007
DWQ-WARD
Transmitted as checked below:
❑ For approval
❑ Approved as noted ❑ Resubmit copies for approval
❑ For your use
❑ Approved as submitted []51ubmit copies for distribution
❑ As requested
❑ Returned for corrections Return correcLed prints
. for review
❑ Other
Remarks:
Scott.
Per Our conversation, please Biid the enclosed applications and packages for subimttal a5 express review
for the Walgreen5 in Elizabeth City and the Rich, Rich and Phillips Future Commercial Center in Elizabeth City.
If you have any questions. please
feel free to call me.
Copy to: file
51gned: -/��1'�P
Michael D. T Ison, P.E.
If enclosures are not as noted, kindly notify as at once.
FA2005GRG.IECTSWW5 GNN- ENzaNnh Cdy WaVeensl0nc NSICa mi-mmm14607.xh,

rCil� c , 1 1