HomeMy WebLinkAboutSW7130408_HISTORICAL FILE_20140606STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 71%j�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
L� HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD
0
N
ASTON
p r o p e r t i e s
June 4, 2014
Mr. Samir Dumpour
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Reference: Family Dollar—Chocowinity, NC
Permit No. SW7130408
Designer's Certification
Dear Mr. Dumpour;
JUN - 6 2014
.J Ff V Q—% �d�Rq�`-end
Attached please find a copy of the certification for the Family Dollar in Chocowinity.
As discussed on the phone, the building size was reduced from 8,320 sf to 8,000 sf, sidewalk was added
from the parking lot to the right of way, and driveway was stubbed to the adjacent property to the west.
The amount impervious area remained substantially the same. I have attached the site plan showing
the revisions.
Should you have any questions, please do not hesitate to contact me at (704) 319-4921.
Sincerely
ASTON PROPERES, INC.
Bry 7Ei E Smith, PE
Aston Properties, Inc.
610 E. Morehead Street, Suite 100
Charlotte, NC 28202
704,366,7337
704.365,3215 Fax
S--G -13
WET ItTENTION POND ANALYSIS -ALL RULES
FILE NAME: S:\WQSISTORMWATERIEXCELSPREADSHEETSIPOND1130408
PROJECT#:SW7 130408
REVIEWER: SO
Initial Run Date
PROJECT NAME: Family Dollar Chocowinity
Last modified 06-May-13
Receiving Stream: UT to Crawford Creek
Class: NS—W�
Drainage Basin: Tar -Pam
I�SC;
Within 112 mile s[n Y or N
Index No. 21.00
Site Area
1.30
jacres
ODrainage Area
44707.00
1 square feet
DA Area
1.03 1 acres
Rules- "2008" or "Ph2"
2008
IMPERVIOUS AREAS - BUA
Runoff
Buildings 8343.00 square feet
1
user input rec
Street 19005.00 square feet
0.98
formula
SW 1470.00 square feet
0.95
Future square feet
Offsite square feet
??
Other 6104.00 square feet
0.95
BUA at diff. DST square feet
TOTAL 1 34922.00 square feet
SURFACE AREA CALCULATION (with added DA and BUA at different design storm)
Overall % Impervious L 78.11 %
SA/DA Ratio
9.15%
Average Design Depth 3 feet
Req. SA
4093
sf
TSS, 85 or 90: 90 %
Prov. SA
5356 1
sf
TEMPORARY POOL AND FOREBAY VOLUME CALCULATIONS
New BUA
Old BUA
Drainage Aream
44707.00
sf
BUA
34922.00
0.00
sf
Post development Rv=
0.753
#DIV/01
unitless
Old BUA Design Storm
inches
Old BUA Design Volume
0
1.5" New BUA Design Storm Volume
4208
1 yr. 24 hour precipitation depth (inches)
3.20
from NOAA chart
Predevelopment Rv value
0.05
use 0.051ino existing BUA
1 yr. 24 hr. Pre -development volume
596
cubic feet
1 yr. 24 hr. Post -development volume 1
8977
cubic feet
2008 Design Volume 4208 cubic feet
Phase 2 Design Volume 4208 cubic feet
Average Head
Flow Q2, cis
Flow Q5, ofs
No. of Orifices
Diameter, inches
Drawdown =
1 yr 24 hr intensity, in/hr
Runoff Coefficient
1 yr 24 hr peak Q
Orifice flow<l yr24hr ?
set
:fs
:fs
or weir H x W
lays
40AA chart @
initless
Q2 Area 1.58
Q5 Area 0.63
Orifice Area 1. 77
Avg. Flow Q= 0.027
in x
W of end contractions, N =
discharge coefficient, C =
Effective weir length, L =
sq. inches
sq. inches
sq. inches
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ASTON
p r o p e r t i e s
April 16, 2013
Mr. Samir Dumpour
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Reference: Proposed Family Dollar— Stormwater Permit Application
US Highway Business 17
Chocowinity, NC
Dear Mr. Dumpour;
PT CTFIVED
APR 17 2013
C `V`'u Q-VVARO
I have attached one (1) original and one (1) copy of the Stormwater Management Application Form with
Dr. Patrick's signature, current property owner, and with Family Dollar's signature in the correct place as
applicant.
Should you have any questions, please do not hesitate to contact me at (704) 319-4921.
Sincerely
ASTON PROPER ES, INC.
Bryan . Smith, PE
Aston Properties, Inc.
610 E. Morehead Street, Suite 100
Charlotte, NC 28202
704.366.7337
704. 365. 3215 Fax
ASTON
p r o p e r t i e s
April 9, 2013
Mr. Samir Dumpour
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Reference: Proposed Family Dollar— Stormwater Permit Application
US Highway Business 17
Chocowinity, NC
Dear Mr. Dumpour;
Enclosed please find the following information for your review:
APR 1 1 2013
D V. ` Q r1 ■ / SRC)
• One Original and One copy of the Stormwater Management Permit Application;
• One original of the O&M agreement;
• Signed and Sealed Supplement Form;
• Two copies of the design plans;
• Stormwater Narrative and Storm Drainage Calculations;
• USGS Map;
• A copy of the current deeds;
• A copy of the soils map;
• A copy of the geotech report with the SHWT;
• Permit fee in the amount of $505;
I have also included a letter from the current property owner that was submitted for the Erosion Control
review providing his permission for us to submit plans for approval. For your records, I have attached a
copy of our purchase agreement. I have sent the application form to Dr. Patrick for his signature and
will forward his original signature to you as soon as possible.
Family Dollar Stores of North Carolina, Inc. will be the entity purchasing the property and constructing
the store. We are acting as their manager overseeing the development of the property on their behalf.
Family Dollar Stores signed and notarized the form under the property owner. I am working on getting
them to execute the form in the right section and will send to you the revised application with Dr.
Patrick's signature.
Sincerely
ASTON PROPERTIES, INC.
7 � ��
Bryan .Smith, PE
Aston Properties, Inc.
610 E. Morehead Street, Suite 100
Charlotte, NC 28202
704.366.7337
704.365,3215 Fax
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Trailer
'41 Ending
SOURCE: USGS 7.5' TOPOGRAPHIC QUADRANGLE
MAP, WASHINGTON, NC 1951. 0
PHOTOREVISED 1983. SCALE IN tgr
TOPOGRAPHIC MAP SCALE 1"=2000•
VACANTLOT DATE 08/14/2012 FIG.
2456 Fortune Drtve, Suite 100 US HIGHWAY 17 BUSINESS & BRAGAW LANE
Lexington, Kentucky 40509 CHOCOWINITY, NC 27817 DRAWNBY CSRP 1
Phone: (859) 255-3308 PROJECT NUMBER: 3146-11-1472.07 APPROVED BY TMH
Ii North Carolina Secretary of State
Page 1 of 2
Account Login Register
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 2762"622 (919)607-2000
Date: 4/9/2013
Click here to:
View Document Filings i File an Annual Report
J Print a pre -populated Annual Report Form i Amended A Previous Annual Report I
Corporation Names
Name Name Type
NC FAMILY DOLLAR STORES OF LEGAL
NORTH CAROLINA, INC.
NC FAMILY DOLLAR STORES OF PREV LEGAL
THOMASVILLE, INC.
Business Corporation Information
SOSID:
Status:
Effective Date:
Citizenship:
State of Inc.:
Duration:
Annual Report Status:
Registered Agent
0050618
CCurrent_Active
4/12/1968
DOMESTIC
NC
PERPETUAL
CURRENT
` yes
l p� S� D
APR 1 1 2013
D'V VVARO
Agent Name:
CT CORPORATION SYSTEM
Office Address:
150 FAYETTEVILLE ST., BOX 1011
RALEIGH NC 27601
Mailing Address:
150 FAYETTEVILLE ST., BOX 1011
RALEIGH NC 27601
Principal Office
Office Address:
10401 MONROE ROAD
MATTHEWS NC 28105
Mailing Address:
PO BOX 1017
CHARLOTTE NC 28201-1017
Officers
Title:
ASSISTANT SECRETARY
Name:
BETH R. MACDONALD
Business Address:
PO BOX 1017
CHARLOTTE NC 28201-1017
Title:
CHAIRMAN OF THE BOARD
Name:
HOWARD R. LEVINE
Business Address:
PO BOX 1017
CHARLOTTE NC 28201-1017
http://www. secretary.state.ne.us/corporations/Corp.aspx?Pitemld=4659294
4/9/2013
I; North Carolina Secretary of State
Page 2 of 2
Title:
Name:
Business Address:
Title:
Name:
Business Address:
Title:
Name:
Business Address:
Stock
PRESIDENT
MICHAEL K. BLOOM
PO BOX 1017
CHARLOTTE NC 28201-1017
SECRETARY
JAMES C. SNYDER, JR.
PO BOX 1017
CHARLOTTE NC 28201-1017
TREASURER
STEVEN E. BURT
PO BOX 1017
CHARLOTTE NC 28201-1017
Class Shares No Par Value Par Value
COMMON 10000 10
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 268
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4659294 4/9/2013
SIMMONS I. PATRICK, M.D.
2218 Stallings Drive
Kinston, North Carolina 28501
March 20, 2013
Mr. Pat McClain, PE
North Carolina Department of Environment and Natural Resources
Washington Regional Office
Division of Energy, Mineral & Land Resources
Land Quality Section
943 Washington Square Mall
Washington, NC 27889
Reference: Proposed Family Dollar
US Highway 17 Business
Chocowinity, NC
Dear Mr. McClain:
raF0. V E D
APR 1 1 2013
C Q—Vv R0
The property referenced above is under contract with Aston Development Group, LLC or its assignees.
As current property owner, Aston Development Group, LLC has my permission to submit for erosion and
sedimentation control plan approval for the construction of a new Family Dollar store. Once Aston
Development Group, LLC or its assignees close on the purchase of the property, they can begin their
land disturbance activities.
Sincerely,
Dr. Simmons Patrick
STATE OF NORTH CAROLINA
APR 1 1 2013
COUNTY OF BEAUFORT
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is mid as of the Effujtive Date (as
defined in Paragraph 22.H herein), by and between SIMMONS 1. PATRICK and Q. 2fGG
(collectively, "Seller"), and ASTON DEVELOPMENT GROUP, LLC, a North Carolina
limited liability company ("Buyer").
WITNESSETH:
That for and in consideration of the mutual covenants, agreements and undertakings set forth herein, Seller
agrees to sell to Buyer, and Buyer agrees to purchase from Seller, that certain real property of approximately 1.31
acres, together with all the rights, easements, privileges, hereditaments and appurtenances pertaining thereto, and
all improvements located on, under or above such real property (collectively, the "Property") located in Beaufort
County, North Carolina, as more particularly described on Exhibit "A" attached hereto and incorporated herein
by reference, on the terms and conditions set forth herein.
1. PURCHASE PRICE: The total Purchase Price for the Property (the "Purchase Price") is One Hundred
Fifty Six Thousand and 00/I00 Dollars ($I56,000.00), to be paid by Buyer to Seller as follows:
A. Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) in "Earnest Money" to be paid by
Buyer to Chicago Title Insurance Company ("Escrow Agent") within five (5) business days after the Effective
Date to be held in trust as a partial payment of the Purchase Price (or to be distributed pursuant to, and in
accordance with, other provisions of this Agreement). The Earnest Money plus all interest to accrue thereon shall
be fully insured throughout the tens of this Agreement by the Federal Deposit Insurance Corporation. Interest
earned on the Earnest Money shall accrue for the benefit of Buyer and shall not be deemed a portion of the Earnest
Money; provided, however, upon the closing of this transaction, the Earnest Money plus any accrued interest
thereon shall be credited against the Purchase Price.
B. The balance of the Purchase Price, in cash, or its equivalent, at Closing (as defined below).
2. POSSESSION: Exclusive possession of the Property will be delivered to Buyer at Closing.
3. INVESTIGATION PERIOD, TITLE OBJECTIONS AND BUYER'S TERMINATION RIGHT:
A. From and after the Effective Date until the Closing or the earlier termination of this Agreement,
Buyer, Buyer's employees, agents, contractors, subcontractors and third parry designees shall be entitled to
conduct any and all inspections, studies, surveys, tests and investigations of the Property, including, without
limitation, economic feasibility studies, environmental audits and testing and soil testing, that Buyer desires
(collectively, the "Investigations") to allow Buyer to determine, in Buyer's sole and absolute discretion, whether
Buyer desires to purchase the Property. Buyer shall be entitled, and Seller hereby grants to Buyer, Buyer's
employees, agents, contractors, subcontractors and third party designees, a non-exclusive irrevocable license during
such period, to enter upon the Property and to conduct the Investigations, and Seller shall fully cooperate with Buyer
to facilitate such Investigations. Seller will cause its contractor, engineer and agents to cooperate with Buyer, its
employees, agents, and representatives in connection with such Investigations and to respond in writing to such
reasonable questions as Buyer (or its employees, agents, engineers and representatives) may ask or to any
reasonable requests by such parties.
DMSLIBRARY01-18532082.5
B. As used in this Agreement, the tern "Initial Investigation Period" shall mean the period beginning
on the Effective Date and ending at 11:59 p.m., Eastern Time on the date which is 150 days after the Effective
Date. If Buyer does not obtain all permits from all applicable governmental authorities necessary for Buyer to use
the Property for Buyer's intended use, in Buyer's discretion, (i) prior to the expiration of the Initial Investigation
Period, Buyer, shall be entitled to extend the Initial Investigation Period for one period of 60 days (the "First
Extension") beginning on the first day after the expiration of the Initial Investigation Period by (a) giving notice to
Seller prior to the expiration of the Initial Investigation Period and (b) paying to the Escrow Agent the sum of
$5,000.00, which shall be non-refundable to Buyer (except for a default by Seller or the failure of a condition
precedent to Buyer's obligations to close), but which shall be applicable to the Purchase Price at Closing, and (ii)
prior to the expiration of the First Extension (if Buyer has elected to extend for the First Extension) for one period
of 60 days (the "Second Extension") beginning on the first day after the expiration of the First Extension by (a)
giving notice to Seller prior to the expiration of the First Extension and (b) paying to the Escrow Agent the sum of
$5,000.00, which shall be non-refundable to Buyer (except for a default by Seller or the failure of a condition
precedent to Buyer's obligations to close), but which shall be applicable to the Purchase Price at Closing. As used
herein, "Investigation Period" shall mean the Initial Investigation Period and, if and to the extent exercised by
Buyer, the First Extension and Second Extension.
C. If any of Buyer's environmental studies reveal that additional environmental testing is
necessary, the Investigation Period shall be extended for a reasonable period of time, not to exceed one hundred
eighty (180) days, during which time Buyer may, at Buyer's expense, perform such additional testing of the
Property as Buyer deems necessary. At the end of such period, or such earlier period as Buyer may elect, Seller
shall either (i) agree to perform environmental remediation on the Property to remove all Hazardous Materials
revealed by the environmental testing; or (ii) notify Buyer that Seller will not perform such environmental
remediation. If Seller elects to perform such environmental remediation as may be necessary and if Buyer elects
not to terminate this Agreement and receive a refund of the Earnest Money, the Seller shall provide such
financial assurances as Buyer may reasonably request to evidence Seller's ability to pay for such remediation
and diligently prosecute such remediation and the Closing shall be extended to the earlier of sixty (60) days after
the completion of such remediation or such earlier dates Buyer shall request. If Seller proceeds under (ii) above,
then Buyer shall have sixty (60) days from the date of Seller's notice to either (i) terminate this Agreement and
receive a full refund of the Earnest Money (less a $100.00 inspection fee which shall be paid to Seller); or (ii)
proceed with this Agreement notwithstanding the Hazardous Materials revealed at the Property. If Seller desires
to perform the remediation described above, Buyer shall deliver such reports to Seller only after Seller has
agreed to perform any required remediation.
D. Buyer shall notify Seller in writing of all title matters or matters of survey to which Buyer
objects prior to the expiration of the Investigation Period, and Seller shall have fifteen (15) days after delivery of
said notice to cure said title and survey matters, or agree to cure such matters in a manner reasonably acceptable
to Buyer and Buyer's title insurance company prior to Closing. If Seller does not cure any such title or survey
matters or agree to cure such matters in a manner reasonably acceptable to Buyer and Buyer's title insurance
company within fifteen (15) days after notice thereof, Buyer may terminate this Agreement by providing written
notice to Seller, in which case the Earnest Money plus all accrued interest shall be immediately returned to Buyer
(except for a $100.00 inspection fee, which shall be paid to Seller). If Seller does not agree to cure any such title
and survey matters as provided herein, and if Buyer does not elect to terminate this Agreement as provided
herein, such matters that Seller does not agree to cure shall be deemed waived by Buyer and shall be Permitted
Encumbrances (as defined below). As used herein, "Permitted Encumbrances" shall mean the lien for ad
valorem real estate taxes on the Property for the year in which the Closing occurs and subsequent years and any
other matters that are expressly approved by Buyer in writing or waived by Buyer pursuant to this Paraeraoh
3_C. Notwithstanding anything herein to the contrary, Seller, prior to or at Closing, shall remove any and all
mortgages, deeds of trust and other monetary liens and encumbrances on, or relating to, the Property.
E. If Buyer, in its sole and absolute discretion, desires not to purchase the Property for any reason or
no reason, then Buyer may terminate this Agreement by giving written notice of such termination to Seller prior to
the expiration of the Investigation Period, whereupon this Agreement shall terminate, the Earnest Money plus all
DMS LIBRARYa 1-185320825
accrued interest shall be immediately returned to Buyer (except for a $100.00 inspection fee, which shall be paid to
Seller), and neither party shall have any further rights or obligations hereunder. The failure of Buyer to provide
such notice of termination prior to the expiration of the Investigation Period shall be deemed conclusively a
waiver of Buyer's termination rights under this Paragraph 3.
4. SELLER'S DELIVERIES: To the extent within Seller's custody or control as of the Effective Date,
within three (3) days after the Effective Date, Seller shall deliver to a copy of Seller's most current survey of the
Property and copies of all reports, letters, or other materials relating to the soil, topography, environmental
condition, or condition of title (including any title policy or title commitment) of the Property.
5. CLOSING COSTS AND PRORATIONS: All due and payable City and County ad valorem taxes for
the year in which the Closing occurs shall be prorated to the date of Closing and shall be paid at Closing, if a
current tax bill for the Property is then available, or, if not, paid by Buyer prior to delinquency after Closing (with
Buyer receiving a credit at Closing for Seller's pro rate share thereof). Seller shall pay any and all ad valorem
taxes for all years preceding the year in which Closing occurs and all other taxes relating to the Property
(including, without limitation, any applicable rollback taxes) not later than Closing.
Seller shall pay the cost of (i) any documentary or revenue stamps required to be paid in connection with
the recording of the Deed (as defined in Paragraph 7 herein) and (ii) recording costs for instruments to be recorded
in connection with the release of any mortgages, deeds of trust and other monetary liens and encumbrances on, or
relating to, the Property. Buyer shall be responsible for (a) the preparation of the Deed, (b) the recording of the
Deed, (c) the cost of the Owner's Title Policy and (d) the cost of a title commitment (and any search fees relating
to the issuance of same) issued by Chicago Title Insurance Company (the "Title Company") with the "Owner's
Title Policy" to be underwritten by the Title Company showing title to the Property and committing to issue an
Owner's Title Policy to Buyer, such title commitment to specify all exceptions to title, including, without limitation,
easements, liens, encumbrances, restrictions, conditions, or covenants affecting the Property. Any escrow fee
charged by the Title Company shall be paid by Buyer.
6. SURVEY AND TITLE
A. Buyer, at its sole cost and expense, may update the survey received from Seller or obtain a new
survey (in its sole discretion) (the "Survey'.
B. Title to the Property shall be delivered to Buyer free of all encumbrances, except for the Permitted
Encumbrances. Seller shall not encumber, or allow any encumbrances to be placed upon, the Property from and
after the Effective Dale.
7. DEED AND RESTRICTION
A. A General Warranty Deed, with exceptions only for Permitted Encumbrances, conveying the
Property from Seller to Buyer (the "Deed") shall be prepared by Buyer. Seller shall deliver the Deed at the
Closing executed in recordable form. The legal description of the Property that is to be included in the Deed shall,
at Buyer's election, be taken from the Survey or from Seller's source deed(s).
B. Buyer and Seller acknowledge that the Property is a portion of a larger parcel of real property
owned by Seller which parcel is shown as hatched on Exhibit B attached hereto and incorporated herein by
reference ("Use Restricted Area"). On or before Closing, Seller and Buyer shall enter into an agreement (the
"Restrictive Covenant") in recordable form reasonably acceptable to Seller and Buyer that includes, among other
things, a covenant that Seller shall not allow the Use Restricted Area to be leased, subleased or sold to any store
operated by or under the name of Fred's, Wal-Mart, Big Lots, Value City, Dolgencorp or Dollar General, 99
Cents Only, Dollar Tree, or any entity controlled by, affiliated with or related to any of them, or any other
dollar store or single price point store for a period of ten (10) years after the date of Closing. The terms of the
Restrictive Covenant shall be finalized on or before the expiration of the Initial Investigation Period.
DNISLIBRARY0 I - 18532082.5 3
8. CLOSING AND CONDITIONS PRECEDENT:
A. The closing of the transaction contemplated by this Agreement (the "Closing") shall take place on
or before 5:00 p.m. on the thirtieth (30's) day following the expiration of the Investigation Period. Provided,
however, Buyer may accelerate the date of Closing to any date after the Effective Date by giving Seller ten (10)
days written notice. Closing shall occur at the offices of the Title Company or, if requested by Buyer, at another
location mutually acceptable to both Buyer and Seller.
B. In addition to any other conditions precedent contained herein, Buyer's obligations to proceed to
Closing shall be conditioned upon, and such items shall be conditions precedent to Closing, the following: (i) the
physical condition of the Property at Closing being in substantially the same condition as of the Effective Date, (ii)
all of Seller's representations and warranties being true and accurate and reaffirmed in writing by Seller as of the
date of Closing, (iii) the condition of title of the Property being in the condition as described in Paragraph 6 above,
(iv) Buyer not becoming aware of any information subsequent to the expiration of the Investigation Period that
would adversely impact Buyer's desire to proceed to Closing, (v) all governmental approvals, in Buyer's
discretion, have been obtained, (vi) the receipt by Buyer of an executed closing escrow instruction letter signed by
the closing agent and acceptable to Buyer, and (vii) the receipt by Buyer of the Owner's Title Policy or a "marked -
up" title commitment attached to the closing escrow instruction letter which unconditionally and irrevocably
commits the Title Company to issue the Title Policy in form attached to the closing instruction letter. If any of the
conditions precedent is not satisfied at Closing, Buyer may, in its sole and absolute discretion, terminate this
Agreement by providing written notice to Seller, in which case the Earnest Money shall be immediately returned to
Buyer, and neither party shall have any further rights or obligations hereunder.
C. From and after tite Effective Date, and as a condition precedent to Buyer's obligations to proceed
to Closing, Seller shall not alter the physical condition of the Property or allow or permit the physical condition of
the Property to be altered ("Physical Alteration"). If a Physical Alteration occurs prior to Closing, (a) Buyer shall
be entitled to take any and all actions necessary to remove or remediate the Physical Alteration and return the
Property to the condition as it existed on the Effective Date and (b) Seller shall reimburse Buyer for all costs
incurred by Buyer to remove or remediate the Physical Alteration within thirty (30) days after Buyer provides
Seller with an invoice of such costs, and if not paid prior to Closing, Buyer may deduct such costs from the
Purchase Price at Closing.
9. ZONING: The obligations of Buyer under this Agreement are in all respects conditioned upon and
subject to the Property being zoned at Closing as same is zoned as of the Effective Date (or other zoning
acceptable to Buyer) and upon there then being no pending or proposed application for any rezoning or change
in zoning not consented to by Buyer that would apply to the Property or any portion thereof.
10. SUBDIVISION: If a subdivision is required pursuant to applicable law in connection with the
conveyance of the Property to Buyer, Seller shall cause the Property to be properly subdivided in compliance
with such applicable law prior to Closing. Further, Buyer may (but is not obligated to) act on Seller's behalf to
undertake all such actions required as a result of the sale of the Property to Buyer to comply with any applicable
subdivision law; and in such case, Seller agrees to fully cooperate with Buyer's efforts and irrevocably appoints
Buyer as Seller's attorney -in -fact (coupled with an interest) during the term of this Agreement for the purpose of
complying with any applicable subdivision law, and Buyer shall be entitled to deduct costs and expenses
incurred by Buyer to comply with such subdivision law from the Purchase Price to be paid by Buyer for the
Property at Closing.
11. ADDITIONAL DELIVERIES AT CLOSING: Seller shall provide Buyer with such affidavits as may
be reasonably required by Buyer or the Title Company attesting to the absence of any unrecorded materialmen's
liens relating to, and tenants in possession of, the Property, and such other documents as may be reasonably
requested by Buyer or the Title Company including but not limited to the following:
DMSLIBRARY OI-18532082.5
A. non -foreign affidavit;
B. Seller's closing settlement statement; and
C. the Restrictive Covenant.
12. ASSIGNMENT: Buyer shall be entitled to assign this Agreement without the prior written consent of
Seller.
13. DEFAULT AND REMEDIES: If Seller fails to perform any of the conditions or obligations of Seller
under this Agreement and Seller does not cure such failure within twenty (20) days after receiving written notice
thereof from Buyer, Buyer, except as provided below, as its sole and exclusive remedy, shall be entitled to either
(i) terminate this Agreement, in which case the Earnest Money shall be immediately reted to Buyer, and
neither party shall have any further rights or obligations hereunder, or (ii) commence an actiurnon against Seller for
specific performance of this Agreement or similar legal action. In addition to the remedies set forth in the
immediately preceding sentence, if Seller's failure to perform any of the obligations of Seller under this
Agreement is within Seller's control, Seller shall reimburse Buyer for all out-of-pocket costs incurred by Buyer
in connection with, or relating to, this Agreement. If Buyer defaults or fails to perform any of the covenants and
conditions of this Agreement and Buyer does not cure such failure within twenty (20) days after receiving
written notice thereof from Seller, then, as Seller's sole and exclusive remedy, Seller shall be entitled to
terminate this Agreement, in which case the Earnest Money shall be delivered to Seller, such amount being
liquidated damages which has been agreed upon by Seller and Buyer after due deliberation and discussion and
constituting a good faith estimate of the damages of Seller in the event of a default by Buyer, Seller's actual
damages being difficult, if not impossible, to ascertain.
14. NOTICES: Any notices, requests, and other communications required or permitted to be given
hereunder shall be in writing and shall be either (i) delivered prepaid by hand, or (ii) sent prepaid by a reputable,
national overnight delivery service (e.g., Federal Express, Airborne) and addressed to each party at the
applicable address set forth herein. Any such notice, request, or other communication shall be considered given
on the date of hand delivery (if delivered by hand), or on the next business day following deposit with an
overnight delivery service will' instructions to deliver on the next day or on the next business day (if sent by
overnight delivery service). However, the time period within which a response to any notice or request must be
given, if any, shall commence to run from the date of actual receipt of such notice, request, or other communica-
tion by the addressee thereof. Rejection or other refusal to accept or inability to deliver because of a changed
address of which no notice was given shall be deemed to be receipt of the notice, request, or other communica-
tion. By giving at least ten (10) days prior written notice thereof, any party hereto may, from time to time and at
any time, change its mailing address hereunder.
NOTICE TO SELLER: Simmons 1. Patrick
2218 Stallings Drive
Kinston, NC 28504
NOTICE TO BUYER: Aston Properties, Inc.
610 E. Morehead Street, Suite 100
Charlotte NC 28202
Attn: Jackson M. Smith
WITH A COPY TO: King & Spalding, LLP
100 North Tryon Street
Suite 3900
Charlotte, NC 28202
Attn: Haley Burton
DMS LIBRARY01-18532082.5
15. APPLICABLE LAW: This Agreement shall be governed by and construed in accordance with the
laws of the state in which the Property is located.
16. RISK OF LOSS, DAMAGE OR REPAIR: Until Closing, the risk of damage or loss to the Property
shall be home solely by Seller. From and after the Effective Date, Seller shall not alter the physical condition of
the Property.
17. BROKERS: Seller and Buyer represent and warrant each to the other that they have not dealt with any
broker in connection with this transaction. Seller agrees to indemnify and save Buyer harmless from and against
any and all claims, suits, liabilities, costs, judgments and expenses, including reasonable attorneys' fees, for
brokerage commissions resulting from or arising out of Seller's actions in connection with the purchase and sale
contemplated hereby. Buyer agrees to indemnify and save Seller harmless from and against any and all claims,
suits, liabilities, costs, judgments and expenses, including reasonable attorneys' fees, for brokerage commissions
resulting from or arising out of Buyer's actions in connection with the purchase and sale contemplated hereby.
18. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller hereby makes the following
representations and warranties to Buyer, each of which shall be deemed material and which shall be true and
correct as of the Effective Date and as of the date of Closing:
A. Seller has good and marketable fee simple title to the Property, and there are no mechanics'
liens, contractors' claims, unpaid bills for material or labor pertaining to the Property, or any other similar liens
affecting Seller's title to the Property.
B. If Seller is a corporation, limited liability company, limited partnership, general partnership or
similar legal entity, such entity is duly created and validly existing pursuant to the laws of the jurisdiction of its
organization and is duly qualified to do business in thejurisdiction in which the Property is situated.
C. Public utilities, including gas, electricity, telephone, sewer and water are available on or at the
boundaries of the Property in sufficient quantities and pressures and at reasonably accessible locations to serve a
first-class retail shopping center in form and content satisfactory to Buyer in its sole discretion (the "Contem-
plated Use") on the Property.
D. There are no tenants or other persons or entities on the Property.
E. There are no pending, threatened or contemplated condemnation, eminent domain, litigation or
similar proceedings involving all or any portion of the Property, and Seller has received no notice of any such
action.
F. Seller has no knowledge of any pending or contemplated public improvements in or about the
Property which may in any manner increase the taxes assessed against the Property.
G. No toxic or hazardous material or waste limited or regulated by any federal, state or local
governmental or quasi -governmental authority, or that, even if not so limited or regulated, could or does pose a
hazard to the health or safety of the occupants of the Property or adjacent properties (collectively, "Sub-
stances"), including, but not limited to, petroleum products and substances regulated under any federal, state or
local environmental statute, law, order, ordinance, regulation, rule, requirement or right or remedy existing
under common law or in equity (collectively, the `Statutes and Laws") has been or, prior to the Closing, shall
be, located, released (within the meaning of 42 U.S.C. § 9601(22)), stored, treated, generated, transported to or
from, disposed of (within the meaning of 42 U.S.C. § 6903(3)) or allowed to escape on the Property, including,
without limitation, the surface and subsurface waters of the Property. No above ground storage tanks ("ASTs")
or underground storage tanks ("USTs") have been or are located on the Property or, if located on the Property,
have been removed and disposed of in full compliance with all applicable Statutes and Laws (satisfactory
evidence of which shall have been provided to Buyer). No portion of the Property has been used for waste
DM SLIBRARY 0 1- 18532092.5
treatment, storage or disposal, and no wetlands are located within the boundaries of the Property. No investiga-
tion, administrative or judicial order, govemmental notice of noncompliance or violation, remediation action
plan, consent order and/or agreement, administrative proceeding, civil or criminal litigation or settlement under
Statutes and Laws or with respect to Substances, ASTs or USTs have been or are proposed, threatened,
anticipated or in existence with respect to the Property.
H. The Property and Seller's operations at the Property have been in the past and will be until the
Closing in compliance with all applicable Statutes and Laws. No notice has been served on or delivered to
Seller from any entity, govemmental body or individual claiming any violation of any Statutes and Laws or
demanding payment or contribution for environmental cleanup costs, environmental damage, or injury to natural
resources, or asserting liability with respect to same.
I. Seller will not, without the prior written consent of Buyer, enter into any service, maintenance,
or management agreement with respect to the Property which is not terminable on or before the Closing.
19. SURVIVAL OF WARRANTIES AND CONDITIONS: All conditions, warranties, representations
and agreements made herein shall survive Closing and delivery of the Deed indefinitely.
20. INDEMNIFICATION: Seller agrees to defend, indemnify and hold harmless Buyer, its directors,
officers, employees, agents, attorneys, contractors, subcontractors, licensees, invitees, successors and assigns
from and against any and all claims, demands, judgments, damages, actions, causes of action, liens, injuries,
administrative or judicial orders, consent agreements and orders, liabilities, penalties, costs, fees and expenses of
any kind whatsoever, arising directly or indirectly from or in connection with (i) the incorrectness of any
representations or warranties of Seller hereunder and (ii) the use, operation or ownership of the Property prior to
the date of Closing.
21. ENTIRE AGREEMENT: This Agreement contains the entire understanding and agreement by and
between the parties and all prior or contemporaneous oral or written agreements or instruments are merged
herein. No amendment to this Agreement shall be effective unless the same is in writing and signed by the
parties hereto, except Escrow Agent shall not be a required parry to any amendment that does not directly affect
Escrow Agent's right or obligations hereunder.
22. OTHER TERMS:
A. The provisions of this Agreement shall inure to the benefit of, and shall be binding upon, the
parties hereto and their respective heirs and successors and assigns, as may be applicable.
B. TIME IS OF THE ESSENCE in this Agreement. In addition, if the final day of any period of
time set out in any provision of this Agreement falls on a Saturday, Sunday or holiday recognized in the United
States by Bank of America, N.A., or any successor thereto ("Bank of America"), then in such case, such period
shall be deemed extended to the next day which is not a Saturday, Sunday or holiday recognized in the United
States by Bank of America.
C. No presumption shall be created in favor of or against Seller or Buyer with respect to the
interpretation of any term or provision of this Agreement due to the fact that this Agreement was prepared by or
on behalf of one of said parties.
D. The captions used in connection with the paragraphs of this Agreement are for reference and
convenience only and shall not be deemed to construe or limit the meaning of the language contained in this
Agreement or be used in interpreting the temts and provisions of this Agreement.
E. This Agreement may be executed in two or more counterparts and shall be deemed to have
become effective when and only when one or more of such counterparts shall have been signed by or on behalf
DMSLIBRARY01.18532082.5
of each of the parties hereto (although it shall not be necessary that any single counterpart be signed by or on
behalf of each of the parties hereto, and all such counterparts shall be deemed to constitute but one and the same
instrument), and shall have been delivered by each of the parties to the other.
F. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present
or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such
illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and the remaining
provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid
or unenforceable provision or by its severance from this Agreement. Furthennore, in lieu of such illegal, invalid
or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar
in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.
G. Each party hereto represents and warrants to the other party that the execution of this Agree-
ment and any other documents required or necessary to be executed pursuant to the provisions hereof are valid,
binding obligations and are enforceable in accordance with their terms.
H. The date upon which the Escrow Agent receives a counterpart original of this Agreement duly
executed by Seller and Buyer shall be the "Effective Date" of this Agreement for all purposes, and Escrow
Agent shall insert such date adjacent to its signature on this Agreement.
DMSLIBRA RY01-18532082,5
IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be executed as of the
Effective Date.
BUYER:
ASTON DEVELOPMENT CROUP, LLC, a North
Carolina limited liability company
By: Aston Properties, Inc., its sole member
By. WN`C%
Name:
Title: 01 Vi[F REfiaw"'-
SELLE
j 7�A"
IMMONS 1. PATRICK
'�- 4Lt-� ---
Name:
DM SLI BRARY01-18532082.5
The undemigned, Escrow Agent herein, executes this Agreement for the purpose of agreeing to the provisions
set forth in this Agreement relating to Escrow Agent and the Earnest Money.
ESCROW AGENT:
CHICAGO TITLE INSURANCE COMPANY
Effective Date: ROL
By.
rr Name• Cis
Title:
D MSLIBRARY01.18532092.5
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THIS DEED, made and entered into this 7th day of December, 1977, by
and between WILLIAM H. PATRICK and wife, NELLIE GUY PATRICK, parties of the
first part; and SIM4 ;S I. PATRICK, party of the second part;
W I T N E S S E T H:
That said parties of the first part, for and in consideration of the
sum of Ten Dollars to then in had paid, the receipt of which is hereby
acknowledged have remised ad released and by these presents do remise, release,
and forever quitclaim unto the party of the second part and his heirs and
assigns all right, title, claim, and interest of the said parties of the first
Part in and to a certain tract or parcel of land lying and being in the pound,
Of Beaufort, and State of North Carolina, in Cho inity Tbanship, arld more
Particularly described as follows:
Lot No. 1: Beginning opposite the northeast corner of Int No. 2
in the Patrick division as shown by a map of record in the Office
Of the Register of Deeds of Beaufort County in Map Book 1,, Page 49,
Said rlaninn being in the center line of New Bern -Was hington Highway,
and g thence nortl>wardly with the center line of said Highway
360 feet to a point in line with the southern boundary of Let No. 4
which is located on the north side of a lane leading to the house
of the party of the second Part, Mr. Siminns I. Patrick; theme
with the southern boundary of Lot No. 4 so located North 43 degrees
30 minutes West 1123 feet to the nun of a branch; thence up the run
of said branch to a point located in the run of said branch which
point is located North 43 degrees 30 minutes Hest app:oKiretely 840
ne ly84between
feet from the beginning, which point is in the division li Lots Nos. 2 and 3; thence with the line dividing Iot No. 2 and lot
point South 43 degrees 30 minutes Past approximately 840 of feet to the
beginning, containing 8 acres, more or less, and being a part of rot No. 3 in the, Patrick division as shown try Seid
record as aforesaid, map of
Lot No. 2: Being rot No. 4 (Four) situated near the Town of
sty, North Carolina, as shown and designated on the plot
of the PloSubdivision wi of the W. H. Patric): lard, known as "Patrick
Farm",Plot of Ntlirh was made by Jno. B. Respess, Surveyor, December
25th, 1918, and registered in the office of the Register of Deeds
of Beaufort county in Plot Bodo 1, Page 49, and hereby referred
t0 for definite metes, brnvds, and description.
BIt being that idential land conveyed to W. C. Faucette by Jose . Patrick and wife by deed dated January 15th, 1927, and duly registered in the Registers Office of Beaufort County in Book 268
at Page 66, to which reference is made.
WALLACE, LANGLEY. BARWICK. LLEWELLYN IN LANDIS
ATTORNEYS AT LAW
KINSTON, N. C. 28301
/
-2-
213
TO HAVE APID 7D HOLD the aforesaid tract or del of lard and all Privileges
thereanbo to SI M) S I. PATRICK, the said Party of the second
Part
and his heirs
and assigns free and discharged flan all right, title, claim, or interest of the
said parties of the first part or anyone cLa' 1ndr19 bY, through or hider him.
IN TESTIM NY WM1M0F1 said Parties of the first part have hereunto set
their hands and seals the day and year first above written.
/.,,.,\'SEAL)
mulam H. Patr1C)C--
• • a
/71R4' 49/+D
$T. � mDn%O.CiC
.xlY
e/
Qny PdrP'lek
that WILLIAM H. PATRIQC W e, 1'1E[.Le- C:IYa Notary public do hereby Certify
me this day and ac)cowledged the due execution of CK personally appeared before
the Purposes therein expressed. c 'sgOinl instivnent for
Witness my hard and roterial seal, �this .2o day Of Deoanber, 1977. ..
Pb�11 CPup cPUD r. � r'✓ � ••
Ply CQImission Expires:
lorta L's; 011a..
0ARgrart County
The roregoln;;
_
�nrtlituAte _or gccZ�
Iotary public/Au,
.t1e lnstr,
t �i�c is�aro citified to be
. o
,- t -,as� correct.
'his o£fiae at es,d for redlstration and recorded it
This'
day
n
nt'..
7_ IV 4i
a'olooY
ohn I. Yorgaa
_.19Z&t /Y.y
Onpt-^.9 L
n81st� to llsede
WALLACE, LANGLEY. BARWICK, LLEWELLYN IN LANDIS
ATTORNEYS AT LAW
KINSTON. N. C. ESSOI
BOOK1004PAGE 846
STATE OF NORTH CAROLINA ANNEXATION
DIVISION
COUNTY OF BEAUFORT DEED
This Deed, made this I'll �_ day of T u n e. , 1994, by and between
antee.
Simmons I. Patrick, Grantor, and Simmons I. Patrick, Gr
WITNESSETH
That the Grantor for a valuable consideration paid by the Grantee, the receipt
of which is hereby acknowledged, has and by these presents does bargain, grant, sell
and convey unto the Grantee in fee simple, all that certain tract or parcel of land
lyin& and being in the Town of Chocowinity, Beaufort County, North Carolina and more
particularly described as follows:
Beginning at a point, an N. C. D. O. T. Concrete right -of way monument
(having North Carolina grid coordinates N=649,127.27 and E=2,567,278.90),
which monument is located on the northerly right-of-way line of U. S.
Highway 17 at the intersection with the southern corner of Lot 5 as
described in Map Book 1, Page 49, in the Beaufort County Registry, and the
eastern corner of Lot 4 as described in the aforesaid map, near and across
from the intersection of S.R. 1142 and U. S. Highway 17; thence from said
beginning point along the U. S. Highway 17 right of way South 48 deg 59 min
32 sec West 400.00 feet to an iron pipe, thence continuing with the right
of way South 48 deg 59 min 32 sec West 360.00 feet to a railroad spike, a
corner; thence along the boundary with North Drive, North 43 deg 30 min 00
sec West 300.00 feet to a point on the annexation line of the Town of
Chocowinity, a comer; thence along the annexation line of the Town of
Chocowinity North 48 deg 59 min 32 sec East 360.00 feet, then continuing
said course 400.00 feet to a point on the boundary with Lot 5 and Tidewater
Companies, Inc., a corner; thence along the boundary, with Tidewater
Companies, Inc. South 43 deg 30 min 00 sec East 300.00 feet to the concrete
right of way monument, the point of beginning. Said lot or parcel is more
fully described in that Plat or survey entitled "Property of Simons 1.
Patrick", dated 12/23/1993 by Hood Richardson, P.A.
Reference is made to Deed Book 760, Page 212 for a more complete
description of Lot 3 and Lot 4 described herein (Lot 1 and Lot 2,
respectively, therein).
Grantor expressly reserves unto himself, his heirs, successors and assigns
the perpetual right of way for ingress and egress to and from his property
Page One
of Three
BOOdU94PAGE 847
to the northwest of that property described above, said right of way beingg
30 feet in width, centered on the iron pipe located on the U. S. Highway 17
rightof-way South 48 deg 59 min 32 sec West 400.00 feet from the aforesaid
N. C. D. O. T. Concrete right-of-way monument, thence from said center and
beginning_point, North 43 deg 30 min 00 sec West 300.00 feet to the
portions of Lots 3 and 4 located Northwest of that area annexed or to be
annexed by the Town of Chocowinity.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges
and appurtenances thereto belonging to the Grantee in fee simple, subject, however to
the following:
1. 1994 and any prior outstanding Beaufort County Ad Valorem taxes.
2. Such easements, rights -of -way and restrictions of record in the Beaufort
County Registry.
3. Non-compliance with any local, county, state or federal governmental laws,
ordinances or regulations relative to zoning, subdivision, occupancy, use,
construction or the development of the subject property.
4. Information for preparation of this Deed was furnished by Grantor.
Attorney makes no representations or warranties as to the status of this
title or whether the land is encumbered by taxes, mortgages or other
liens. No title search was requested and none was provided.
And the Grantor covenants with the Grantee, that Grantor is seized of the
premises in fee simple, has the right to convey the same in fee simple, that title is
marketable and free and clear of encumbrances, except the aforesaid, and that Grantor
will warrant and defend the title against the lawful claims of all persons
whomsoever.
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
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the
day and year first above written.
o
P , lL l L (Seal)
Simmons 1. Patrick
Page Two
of Three
BOOK I U U PAGE 848
NORTH CAROLINA
CeAllf-PJ COUNTY
I. M A -A � / k 1A) M, /} L1� a Notary Public of the County and State
aforesaid, d hereby certify that Simmons 1. Patrick personally appeared before me
this day and acknowledged the duo execution f this instrument. Witness my hand and
official stamp or seal, this �q day of L A r , 1994.
a-
F Notary lic
My commission expires:
North Carolina
Beaufort County
The for�oing Ce rpificpt9 of
Notary Public/A arise Public Ss/ere car CSfled to be correct
this instrumen was presents for rregi motion and recording
in this office at Book
This -L—Zlfday of 4
I 19et •.=n o'oloc i"
Birk W. Mizelle8����•.'
Register of Deeds Deputy Register of Deeds
Page Three
of Three
Y
rri+• yf°7
3M' 31' 1I
a
35' 31' 3'
Custom Soil Resource Report
Soil Map (Family Dollar - Chocowinity)
O
* z
t
a
y A. 17
F
llm' 11mm 11MM "n11n i1MGn 11n17n 11mm 110910 31n2fif1
Map Scale: 1:1.590 if prnled on A size (8.5' x 11') sheet
N Meters
0 20 40 80 120
Feet
0 50 100 200 300
35' 31' 11'
35- 31' 3'
FINANCIAL
SEDIMENRESPONSOLIWNE M
No person ma ATION POLLUTIONRSHIP FOR
and y initiate any
L
form an CONTROL ACT
Land an acceptable erosion °
Quality Section g activity on one
the question is N'C' pa and
of Environ n Control Plan or m have been by the Act
not De ofore as covered applicable or the ment and plan
e-mail and/or fax infor Natural ResourcekmPD1 and before this
Part A' mation (Please t approved b
unavailable yPe or Y the
1 Project Name . Place N/A in the blank
and, if
2. Famil Dollar_ RECElV
Location of land-disturbingED
S Hi hwa 17 Business
activity: Count
Highway/Street US y Beaufort
3 —� City or Township CPR 2013
APproxim HI hwa 17 gusiness Latitude hoco , 5
ate date land- winit
disturbing activity will co Longitude 0
4. Purpose of developmentcommence.
(residential, com dune 1 2013 R®
5. Total mercial, industrial, institutional,
acreage disturbed
or uncovered (includin etc.
6. Amount of fee 9 off- ) Commercial
enclosed: site borrow and waste
(rounded $ 130 areas):
is $585) up to the next acre 1.4�=
Is assessed witho The
without a ceiling "mount fee of $65.00
7 Has an erosion and (Exam
sediment (Example a 9-acre per acre
ment control plan been filed? yes Per
fee
8. Person to contact should
erosion and sediment control issues a NO Enclosed X
Name Br an Smith during land-
Tele E-mail Address disturbing activity:
Telephone 704-319-4921
Cell # besmith aston ro
9. Landowner 704- com
(s) of Record 995-5449
(attach accompanied page to list additional Fax # 704-365-3215
Simmons 1. Patrick
Name owners):
2218 Stallin s Drive Telephone
Current Mailing Address
2218 Fax Number
Kinston Curren SSareiet s Drive
City NC Address
State 28504
10. Deed Book No. 1004/76o Zip City
State
Part B, Page No. 8461212 p Zip
—� rORE If %h� m*s
1. Person �''t!l����_'
(s or �yl�rylt deed.
comprehensive list Of who are financial) U Of all resp
Ins ible parties on sPonsible for the APR - 4 2013
Famil Dollar an attached sheet : and-disturbinp aC�����f Name Stores of North ) LAND OUZ%saECT& (Provide a
Cffi011na InC. WASHINGTON REGIONAL OFFICE
P.�. Box 1017 E-mail Address
Current Mailing Address 10401
Charlotte Current Streetroe Road
City NC Address
State 28201-1017 Matthews
Zip City NC
State 28105
ZiD
Telephone 704-847-6961 Fax Number 704-841-9692
2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name E-mail Address
Current Mailing Address Current Street Address
i ,, city'. State Zip City State Zip
Telephone Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed -name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
° CT Corporation System
Name of Registered Agent E-mail Address
150 Fayetteville St., Box 1011
Current Mailing Address
Raleigh INC 27601
City State Zip
Telephone
Current Street Address
City State Zip
Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
\1(e Pft�O�Ly�
Title or Authority
3-O?a-/3
to
I, �Palain� X%rja u i lPr;ot- , a Notary Public of the County of G - AI
Stateof Carolina, hereby certify that h2N f /x 1 0 Xs e eS appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand gnd,pgtarial seal, this _day , 20 /9
Pov°��1`iR
c*eaPUBLEG Q U s v/� q�/
sue!,a� commission expi O1
Q�gbYNNtl�O\\\°\
SHIELD
October 8, 2012
Family Dollar Stores of North Carolina, Inc.
Attn: Mr. Bryan E. Smith, P.E.
610 E. Morehead Street, Suite 100
Charlotte, North Carolina 28202
Subject: Report of Geotechnical Evaluation — Addendum I
Proposed Family Dollar
US Highway 17 Business
Chocowinity, North Carolina
Shield Project No.1120105-01
Dear Mr. Smith:
APR 1 1 2013
U
This letter serves as an addendum to the "Report of Geotechnical Evaluation" for the proposed
Family Dollar to be located in Chocowinity, North Carolina as prepared by Shield Engineering,
Inc., (Shield) and dated September 13, 2012. This addendum addresses the sampling and testing
of the soil encountered in the proposed detention pond locations.
Shield subcontracted with a Soil Scientist, licensed in the State of North Carolina, to evaluate the
saturated hydraulic conductivity and identify the seasonally high water table (SHWA in the
general vicinity of the two (2) proposed detention pond locations (front and rear portions of
property). The report with these findings is attached to this addendum.
We are available to review with you the recommendations we have presented herein and answer
any questions you may have. We have enjoyed working with you and look forward to our
continued association as your geotechnical consultant on the remainder of this project and future
projects. Should you have any questions regarding this report or if we may be of further
assistance, please feel free to contact us at your convenience.
Sincerely,
SHIELD ENGINE4X-
�H
C 2: iaU t
Janette M.I
Senior Engi
Attachments:
zj,- . 'S�lhi io(Sltz
- p3uc27 r
rr ; mson Abudu, P.E.
elj`y F �F'�' •�; Principal Engineer
............
Carolina Environmental Consultants, Inc., P.A. dated October 5, 2012 "Saturated Hydraulic Conductivity, Sail
Site Description nod Identification of the Seasonally High Water Table for a Proposed Family Dollar Store in
Chocowinity, NC
I TnQja5,20IP1120105-01 M-Choeu wnaff[) - Cheeumnity - Addendum I. doe
4301 Taggart Creek Road Telephone 704.394.6913
Charlotte, NC 26206 www,shieldengineenng.com Fax 704.394.6968
�%
304 Breckenridge Court, Lexington, NC 27292 . Phone 336-596-7585
October 5 2012
Shield Engineering, Inc.
Attention: Janette Prosser
4301 Taggert Creek Road
Charlotte, NC 28208
Re: Saturated Hydraulic Conductivity, Soil Site Description, and Identification of the
Seasonally High Water Table for a Proposed Family Dollar Store in Chocowinity, NC
This evaluation was performed as per your request and terms agreed upon by Carolina
Environmental Consultants, Inc., PA and Shield Engineering, Inc. by the executed proposal
dated August 1, 2012
SCOPE OF WORK
The scope of work was to perform saturated hydraulic conductivity testing (Ksat) and
identification of the seasonally high water table (SHWT) for a Storm Water BMP to be located to
the front and rear of a proposed Family Dollar store in Chocowinity, NC
Carolina Environmental Consultants (CEC) visited the site on August 5 and September 29, 2012.
CEC performed several soil borings with hand augers in the location of the proposed BMP's to
describe and classify soil. Four locations were chosen to perform Ksat testing in the vicinity of
the proposed BMP device. Ksat's were taken using an Aardvark Constant Head Penneameter.
FINDINGS
The subject property is located in Beaufort County, Northwest of the intersection of NC Hwy 17
and Bragaw Ln. CEC performed six soil borings to a depth needed to identify the seasonal high
water table. Borings I through 6 had evidence of seasonal high water at 28", 27", 23", 23", 25",
and 25" respectively. Please see attached soil descriptions. The result of Ksat location #1 was
0.2706 inches per hour (0.6873 cm/hr). The result of Ksat location #2 was 0 inches per hour (0
cm/hr) ( it was assumed this boring was at a depth influenced by the water table). The result of
Ksat location #3 was 0.0768 inches per hour (0.1951 cm/hr). The result of Ksat location #4 was
0.2646 inches per hour (0.6720 cm/hr). Please see attached spreadsheet for times and readings as
steady state was achieved. All soil borings contained a expansive (NRCS/USDA field method)
clay lens that restricted the movement of water through the soil profile. Additionally, please see
the attached map depicting locations of soil borings and Ksat's.
CEC is glad to be of service in this matter. Please feel free to contact us with questions or
comments.
Best Regards,
Eric Bailey, LSS
President of Carolina Environmental Consultants, Inc. PA
North Carolina Licensed Soil Scientist
NC Licensed Septic System Inspector
Attachments: Ksat spreadsheets (4), and soil boring descriptions.
y �
y R
T d
w za
r~
ZS''ykrl
�r */-
F45- Er:✓-Z4` Ksat 4
Boring 6
g ;
sat 3 �\ ❑ ❑—�
H a o I
Foy
o Boring 4
�N��
�s
s
Bo ' g 3 his%.v
�1 'U,'��
Ksat 2
Boring 2
.... NOT SURVEY
•••• LINES NOT LOCATED
.••• MAP WAS CREATED FROM CUE.NT SKETCH
.... ACTUAL ALIGNMENT IN FIELD MAY VARY
SLIGHTLY FROM MAP REPRESENTATION
r,,s,i. riE✓-2-7.Co k/,
Boring 1
Ksat 1 1
❑❑
Boring 5 ❑ A
rF''
GRAPHIC SCALE
1' = 40'
Aardvark Permeameter Xcel Version 2010.2
Ksat:
in/hr
Notes
Site: Chocowinity Family Dollar
In/hr
0.2706
Date: 10/5/2012 Operator: Eric Bailey
Boring Number: 1
mm/hr
6.8730
Soil Series: Soil Horizon: Change
Boring Depth(in) : 1 451
cm/hr
0.6873
Diameter of Hole(in): 1 2.751
Water Column Height (in):
1 6.51
Head Conversion Factor (HCF):
1.08
Boring Conversion Factor (BCF):
1 2.68
Boring Conversion Factor (BCF) = 5.06/((rad)squared) for Aardvark Reservoir
BCF of 4.25 in auger is 4.5 in diameter boring = 1
BCF of 3.25 in auger is 3.5 in diameter boring = 1.65
BCF of a 2.5 in auger is 2.75 in diameter boring = 2.68
Head Conversion Factor (HCF) = Water Column Ht inches / 6 inches, or Htcm/15cm
Example is 3.5in boring with 7 in water column in boring, 0.5 in head drop over 45 minutes
in a structureded clay loam soil
F Value (Radcliffe and West, 2000) Perc min/in to Ksat in/hr
Borehole diameter
Texture
3.5 in
4.25 in
3.6 in (2.75 Auger)
F Value 0.069
Sands
0.107
0.124
0.09
Structured loams and clays
0.082
0.096
0.069
Unstructured
loams and clays
0.048
0.057
0.04
Time TO
Time x
Time
Hours
Reservoir
Reservoir
Reservoir
Reservoir
BCF
HCF
Reservoir
F value
Ksat
Notes
2400 hours
2400 hours
Elapsed
Elapsed
Reading
Reading
Change
han a min/in
Change
from table
= F 1/P
ti
t+1
ti+1 -ti
dt/60min/hr
h
h+1
h+1 -h
dtfdh
Adjusted
dt
dh
P`HCF /BCF
initial
next
initial
next
P
Ad' P
min
hr
in
in
in
min/in
min/in
8:45
45
0.75
14.5
14
0.5
90
1.65
1.17
64
0.082
Example
... .IIp...NNOW
will..N 11 11
.........
..I
_..
4in/hr8:00
..10:30
10:33
3
0.05
11
10.9
0.1
30.0
2.68
1.08
12
0.069
10:33
10:40
7
0.12
10.9
10.8
0.1
70.0
2.68
1.08
28
0.069
10:40
10:48
8
0.13
10.8
10.7
0.1
80.0
2.68
1.08
32
0.069
.
10:48
10:54
6
0.10
10.7
10.6
0.1
60.0
2.68
1.08
24
0.069
0.1707
10:54
11:02
8
0.13
10.6
10.5
0.1
80.0
2.68
1.08
32
0.069
0.1280
11:02
11:13
11
0.18
10.5
10.3
0.2
55.0
2.68
1.08
22
0.069
0.1862
11:131
11:21
8
0.13
10.3
10.2
0.1
80.0
2.68
1.08
32
0.069
0.1280
11:21
11:25
4
0.07
10.2
10.1
0.1
40.0
2.68
1.08
16
0.069
0.2560
11:25
11:29
4
0.07
10.1
9.9
0.2
20.0
2.68
1.08
8
1 .069
0.5121
STEADY STATE ARITHMETIC AVERAGE (last 4 readings)
Pedon Description
19.71
0.270591
Depth
Horizon
Color
Texture
Structure
Horizon Notes
User is responsible for confirming all Standard Operation Procedures for their area and type
of study,
Aardvark Systems International, LLC or third parties do not assume any responsibility
for misuse of devices orspreadsheets or calculations
Site Notes:
Aardvark Permeameter Xcel Version 2010.2
Ksat:
in/hr
Notes
Site: Chocowinity Family Dollar
in/hr
#DIV/O!
Date: 10/5/2012 Operator: Eric Bailey Boring Number:
1 21
mm/hr
I #DIV/O!
Soil Series: Soil Horizon: Change lBoring Depth(in) :
1 541
cm/hr
I #DIV/01
Diameter of Hole(in): 1 2.751
Water Column Height (in):
1 6.51
Head Conversion Factor (HCF):
1.08
Boring Conversion Factor (BCF):
I2.68
Boring Conversion Factor (BCF) = 5.06/((rad)squared) for Aardvark Reservoir
BCF of 4.25 in auger is 4.5 in diameter boring = 1
BCF of 3.25 in auger is 3.5 in diameter boring = 1.65
BCF of a 2.5 in auger is 2.75 in diameter boring = 2.68
Head Conversion Factor (HCF) = Water Column Ht inches / 6 inches, or Htcm/15cm
Example is 3.5in boring with 7 in water column in boring, 0.5 in head drop over 45 minutes
in a structureded clay loam soil
F Value (Radcliffe and West, 2000) Perc min/in to Ksat in/hr
Borehole diameter
Texture
3.5 in
4.25 in
3.0 in (2.75 Auger)
F Value 0.069
Sands
0.107
0.124
0.09
Structured loams and clays
0.082
0.096
0.069
Unstructured loams and clays
0.048
0.057
6.04
Time TO
Time x
Time
Hours
Reservoir
Reservoir
Reservoir
Reservoir
BCF
HCF
I Reservoir
F value
Ksat
Notes
2400 hours
2400 hours
Elapsed
Elapsed
Readinq
Reading
Change
han a min/in
Change
from table
= F 1/P
No water movement
ti
t+1
ti+1 -ti
dV60min/hr
h
h+1
h+1 -h
dtldh
Adjusted
is assumed to be
dt
dh
P`HCF /BCF
a result of the
initial
next
initial
next
P
Ad' P
influence of the
min
hr
in
in
in
min/in
min/in
in/hr
water table
8:00
8:45
45
0.75
14.5
14
0.5
90
1.65
1.17
64
0.082
0.0771
Example
SIM_
-
0:00
0:00
0
0.00
0
0
0
#DIV/0!
2.68
1.08
#DIVIO!
0.069
#DIV/O!
0:00
0:00
0
0.00
0
0
0
#DIV/0!
2.68
1.08
#DIV/0!
0.069
#DIV/O!
0:00
0:00
0
0.00
0
0
0
#DIV/0!
2.68
1.08
#DIV/0!
0.069
#DIV/O!
0:00
0:00
0
0.00
0
0
0
#DIV/0!
2.68
1.08
#DIV/0!
0.069
#DIV/O!
0:00
0:00
0
0.00
0
0
0
#DIV/0!
2.68
1.08
#DIV/0!
0.069
#DIV/O!
10:27
10:30
3
0.05
14.5
14.5
0
#DIV/0!
2.68
1.08
#DIV/0!
0.069
#DIV/O!
10:30
10:331
0.05
14.5
14.5
0
#DIV/0!
2.68
1.08
#DIV/0!
0.069
#DIV/0!
10:33
10.40
7
0.12
14.5
14.5
0
#DIV101
2.68
1.08
#DIV/0!
0.069
#DIV/O!
15.40
10:481
8
1 0.13
1 14.5
1 14.5
1 0
1 #DIV/0!
2.68
1.08
#DIV100
0.069
#DIV/O!
STEADY STATE ARITHMETIC AVERAGE (last 4 readings)
Pedon Description
#DIV/0!
#DIV/o!
Depth
Horizon
Color
Texture
Structure
Horizon Notes
User is responsible
for confirming all Standard Operation Procedures for their area and type
of study,
Aardvark Systems
International, LLC or third parties do not assume any responsibility for misuse of devices orspreadsheets or calculations
Site Notes:
Aardvark Permeameter Xcel Version 2010.2
Ksat:
in/hr
Notes
Site: Chocowinity Family Dollar
in/hr
0.0768
Date: 10/5/2012 Operator: Eric Bailey
Boring Number:
1 31
nr m/hr
1.9510
Soil Series: Soil Horizon: Change
lBoring Depth(in) :
1 361
cri
0.1951
Diameter of Hole(in): 1 2.751
Water Column Height (in):
1 6.51
Head Conversion Factor (HCF):
1.08
Boring Conversion Factor (BCF):
I2.68
Boring Conversion Factor (BCF) = 5.06/((rad)squared) for Aardvark Reservoir
BCF of 4.25 in auger is 4.5 in diameter boring = 1
BCF of 3.25 in auger is 3.5 in diameter boring = 1.65
BCF of a 2.5 in auger is 2.75 in diameter boring = 2.68
Head Conversion Factor (HCF) = Water Column Ht inches / 6 inches, or Htcm/15cm
Example is 3.5in boring with 7 in water column in boring, 0.5 in head drop over 45 minutes
in a structureded clay loam soil
F Value (Radcliffe and West, 2000) Perc min/in to Ksat in/hr
Borehole diameter
Texture
3.5 in
4.25 in
3.0 in (2.75 Auger)
F Value 0.069
Sands
0.107
0.124
0.09
Structured loams and clays
0.082
0.096
0.069
Unstructured loams and clays
0.048
0.057
0.04
Time TO
Time x
Time
I Hours
Reservoir
Reservoir
Reservoir
Reservoir
BCF
HCF
Reservoir
F value
Ksat
Notes
2400 hours
2400 hours
Elapsed
Elapsed
Reading
Reading
Change
han a min/in
Change
from table
= F 1/P
ti
t+1
ti+1 -ti
dt/60min/hr
h
h+1
h+1 -h
dt/dh
Adjusted
dt
dh
P-HCF /BCF
initial
next
initial
next
P
Ad' P
min
hr
in
in
in
min/in
min/in
in/hr
8:00
8:45
45
0.75
14.5
14
0.5
90
1.65
1.17
64
0.082
0.0771
Example
11:55
12,11
16
0.27
13
12.9
0.1
160.0
2.68
1.08
65
0.069
0.0640
12:11
12:23
13
0.22
12.9
12.8
6.1
130.0
2.68
1.08
53
0.069
0.0788
1223
12:36
13
0.22
12.8
12.7
0.1
130.0
2.68
1.08
53
0.069
0.0788
12:36
12:49
13
0.22
12.7
12.6
0.1
130.0
2.68
1.08
53
0.069
0.0788
12:49
13:02
13
0.22
12.6
12.5
0.1
130.0
2.68
1.08
53
0.069
0.0788
13:02
13:17
15
0.25
12.5
12.4
0.1
150.0
2.68
1.08
61
0.069
0.0683
13:17
13:29
1
1 .20
12.4
12.3
0.1
120.0
2.68
1.08
49
0.069
0.0853
13-291
13749
20
0.33
1 12.3
1 12.2
1 0.1
1 200.0
2.68
1.08
81
0.069
0.0512
13:49
13:59
1 10
0.17
1 12.2
1 12.7
1 0.1
1 100.0
2.68
1.08
40
0.069
0.1024
STEADY STATE ARITHMETIC AVERAGE (last 4 readings)
Pedon Description
1 57.61
0.0768129
Depth
Horizon
Color
Texture
Structure
Horizon Notes
User is responsible for confirming all Standard Operation Procedures for their area and type
of study,
Aardvark Systems International, LLC or third parties do not assume any responsibility
for misuse of devices orspreadsheets or calculations
Site Notes:
Aardvark Permeameter Xcel Version 2010.2
Ksat: in/hr
Notes
Site: Chocowinity Family Dollar
in/hr
0.2646
Date: 10/5/2012 Operator: Eric Bailey
lBoring Number:
1 41
mm/hr
6.7203
Soil Series: Soil Horizon: Change
lBoring Depth(in) :
1 451
cm/hr
0.6720
Diameter of Hole(in): 2.75
Water Column
Height (in): 1 6.51
Head Conversion Factor (HCF):
1.08
Boring Conversion Factor (BCF):
1 2.68
Boring Conversion Factor (BCF) = 5.06/((rad)squared) for Aardvark Reservoir
BCF of 4.25 in auger is 4.5 in diameter boring = 1
BCF of 3.25 in auger is 3.5 in diameter boring = 1.65
BCF of a 2.5 in auger is 2.75 in diameter boring = 2.68
Head Conversion Factor (HCF) = Water Column Ht inches / 6 inches, or Htcm/15cm
Example is 3.5in boring with 7 in water column in boring, 0.5 in head drop over 45 minutes
in a structureded clay loam soil
F Value (Radcliffe and West, 2000) Perc min/in to Ksat in/hr
Borehole diameter
Texture
3.5 in
4.25 in
3.0 in (2.75 Auger)
F Value 0.069
Sands
0.107
0.124
0.09
Structured loams and clays
0.082
0.096
0.069
Unstructured loams and clays
0.048
0.057
0.04
Time TO
Time x
Time
Hours
Reservoir
Reservoir
Reservoir
Reservoir
BCF
HCFI
Reservoir
F value
Ksat
Notes
2400 hours
2400 hours
Elapsed
Elapsed
Reading
Reading
Change
han a min/in
Change
from table
= F 1/P
ti
t+1
ti+1 -ti
dt/60min/hr
h
h+1
h+1 -h
dt/dh
Ad'usted
dt
dh
P'HCF /BCF
initial
next
initial
next
P
Ad- P
min
hr
in
in
in
min/in
min/in
in/hr
8:00
8.45
45
0.75
14.5
14
0.5
90
1.65
1.17
64
0.082
0.0771
Example
12:56
13:02
6
0.10
11.7
11.5
0.2
30.0
2.68
1.08
12
0.069
0.3414
13:02
13:06
4
0.07
11.5
11.4
0.1
40.0
2.68
1.08
16
0.069
0.2560
13:06
13:11
5
0.08
11.4
11.3
0.1
50.0
2.68
1.08
20
0.069
0.2048
13:11
13:17
6
0.10
11.3
11.1
0.2
30.0
2.68
1.08
12
0.069
0.3414
13,17
13.23
6
0.10
11.1
10.9
0.2
30.0
2.68
1.08
12
0.069
0.3414
1323
13:29
6
0.10
10.9
10.7
0.2
30.0
2.68
1.08
12
0.069
0.3414
13.29
1 13:391
10
0.17
f0.7
f0.5
0.2
50.0
2.68
1.08
20
0.069
0.2048
13:39
13749
10
0.17
10.5
f0.2
0.3
33.3
2.68
1.08
13
0.069
0.3073
13:49
13:59
10
0.17
10.2
10
0.2
50.0
2.68
1.08
20
0.069
0.2048
STEADY STATE ARITHMETIC AVERAGE (last 4 readings) 16.51 0.2645778
Pedon Description
Depth
Horizon
Color
Texture
Structure
Horizon Notes
User is responsible
for confirming all Standard Operation Procedures for their area and type of study,
Aardvark Systems
International, LLC or third parties do not assume any responsibility for misuse of devices orspreadsheets or calculations
Site Notes:
SOIL BORING DESCRIPTIONS
Chocowinity NC
BORING #1
HORIZON DEPTHANCHES MUNSELLCOLOR TEXTURE STRUCTURE MOTTLE/DEPTH
A 0-13 10YR 4/2
C 13-67+ 2.5 Y 5/3
Expansive 13+ SHWT 28"
BORING #2
SL WKFGR
Sc SLS MA 2.5 Y 7/1 @28"
2.5 Y 6/6
HORIZON DEPTH/INCHES MUNSELLCOLOR TEXTURE STRUCTURE MOTTLE/DEPTH
A 0-14 10YR 4/2 LS WKFGR
C 14-45 2.5 Y 5/3 Sc SLS MA 2.5 Y 7/1 @27"
Expansive 14+ SHWT 27" 2.5 Y 6/6
BORING #3
HORIZON DEPTHANCHES MUNSELL COLOR TEXTURE STRUCTURE MOTTLE/DEPTH
A 0-4 IOYR 2/1
SL
WKFGR
Bw 4-23 10YR 513
SCL
WKS13K
Cl 23-65 2.5 Y 7/1
SC
SLS MA 2.5 Y 5/3
C2 65-90+ 2.5 Y 7/1
S
WKFGR 2.5 Y 6/6
Expansive 23+ SHWT at 23" Free water 84"
BORING #4
HORIZON DEPTHANCHES MUNSELLCOLOR TEXTURE STRUCTURE MOTTLE/DEPTH
Gravel 0-3
A 3-1l 10YR 4/2 SL WKFGR 10YR 6/8
CI I 1-53 2.5 Y 5/3 SC SLS MA 2.5 Y 7/1 @ 23"
C2 53-60+ 2.5 Y 6/6 LS WKFGR 2.5 Y 7/1
Expansive and SHWT at 23"
BORING #5 Between ksat I and 2
HORIZON DEPTH/INCHES MUNSELL COLOR TEXTURE STRUCTURE' MOTTLEYDEPTH
A 0-7
IOYR 3/2
SL
WKFGR
E 7-15
10YR6/3
SL
WKFGR
Bw 15-57
1OYR5/4
Sc
WKFABK 10YR6/1@25"
IOYR6/I matrix@34"
C 57-89
2.5Y7/1
LS
WFGR 2.5Y6/6
Expansive at 15"
SHWT at 25"
BORING #6 Between ksat 3 and 4
HORIZON DEPTH/INCHES MUNSELLCOLOR TEXTURE STRUCTURE' MOTTLE/DEPTH
A 0-9
10YR3/2
SL
WKI'GR
BA 9-17
IOYR6/3
SL
WKFABK
Bw 17-58
10YR6/6
Sc
WKFABK 10YR6/1@25"
C 58-84
IOYR6/6
LS
WFGR 10YR7/1
Expansive at 17"
SHWT at 25"
Report of Ccotechnical Evaluation
Proposed Family Dollar
US Highway 17 Business
Chocowinity, North Carolina
Prepared for:
Family Dollar Stores of North Carolina, Inc.
610 E. Morehead Street, Suite 100
Charlotte, North Carolina 28202
Prepared by:
SHIELD ENGINEERING, INC.
4301 Taggart Creek Road'
Charlotte, North Carolina 28208
Project No. l 120105-01
September 13, 2012
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ENGINEERING, 1NC.
September 13, 2012
Family Dollar Stores of North Carolina, Inc.
Attn: M'r. Bryan E. Smith, P.E.
610 E. Morehead Street, Suite 100
Charlotte, North Carolina 28202
Subject: Report ofGeotechnic:il,Evaluation
Proposed Family Dollar
US Highway.17 Business
Chocowinity, North Carolina
Shield Project No. 1120105-01
Dear Mr: Smith:
Shield Engineering, Inc., (Shield) has completed the gcotechnical evaluation for the proposed Family
Dollar site in Chocowinity, North Carolina. Authorization to proceed with this study was provided by Mr:
Bryan. E. Smith, PR of Aston FD Development, LLC. This report contains a brief description of the
project: information provided to us, general subsurface soil conditions revealed during our gcotechnical
study; and our recommendations for the proposed building construction.
Based on our investigation, it is our opinion the site is suitable for the construction of the proposed project
from a geotechnical standpoint. Soft and loose soils were found during investigation that should be
mitigated prior to construction. Site mitigation options include:
Modify the site by undercutting the site 2 feet from its current grade; Inning the bottom with a
geoconnpositc (fencate PEC 35/35, or equivalent); and backfilling with 2 feet of ABC stone back'
to the current elevation: Additional fill can be placed above the current elevation to the required
elevation grade and [lie fill can include suitable onsite soil. The recommended foundation system
Would consist of conventional shallow foundations including continuous and isolated footings
with slab -on -grade.
Modifying the foundation to a low bearing thickened mat slab or a waffle slab. Eitherof these
foundation types (thickened m:dslab and waffle slab) will spread the building load out across the
building pad and act as single load on the soil, decreasing both total settlement and minimizing
differential settlement. The subsurface soil would not require removal and recompaction.
We are available to review with you the recommendations we have presented herein and answer any
questions you may have. We have enjoyed working with you and look forward to our continued
association as your gcotechnical consultant oil the remainder of this project and any future projecis.you
may have. Should you have any questions regard ingIli is report 6r if Nye may be.ofTurther assistance,
please feel free to contact us at your coivenicnce.
Sincerely,
SHIELD ENGINEERING,'INC.
Janette M. Prosser, P.E.
4301 r,,HyA,I cSe ' r ngineer
f, n,, 20,0i-0, Fn.ChRo%IinlyV'llC: owiczi,GmN lkry.µyyryshiaWonytneorin4,�rom
Chndollo. NC 28208
0
Keith A. Anthony, P.C.
Principal Engineer T010phone 104.304.6013
rnx 704,394.6968'
TABLE OF CONTENTS
1.0
INTRODUCTION.......................................................................................................................3
1.1 Purpose of Study.............................................................................................................3
1.2 Project Location..............................................................................................................3
1.3 Proposed Construction....................................................................................................3
1.4 Scope of Work................................................................................................................4
2.0
GEOTECHNICAL BACKGROUND........................................................................................4
2.1 Site Description and Topography....................................................................................4
2.2 Regional Geology...........................................................................................................4
2.3 Soil Survey......................................................................................................................4
3.0
FIELD EXPLORATION............................................................................................................5
3.1 Subsurface Exploration Procedures................................................................................5
4.0
SUBSURFACE, CONDITIONS..................................................................................................6
4.1 Soil Profile......................................................................................................................6
4.2 Groundwater Observations..............................................................................................6
4.3 Detention Pond................................................................................................................6
5.0
LABORATORY TESTING PROGRAM..................................................................................7
5.1 Summary of Laboratory Testing Program......................................................................7
5.2 Results of Laboratory Testing.........................................................................................7
6.0
GEOTECHNICAL RECOMMENDATIONS..........................................................................8
6.1 General............................................................................................................................8
6.2 Discussion.......................................................................................................................8
6.3 Site Preparation...............................................................................................................9
6.4 Subgrade Preparation......................................................................................................9
6.5 Excavation Recommendations........................................................................................9
6.6 Fill Material and Placement Recommendations..............................................................9
6.7 Surface Drainage...........................................................................................................10
6.8 Groundwater Control....................................................................................................10
6.9 Utility Installation.........................................................................................................11
6.10 Foundation Recommendations......................................................................................11
6.11 Floor Slab Recommendations.......................................................................................12
6.12 Pavement Design..........................................................................................................13
6.13 Seismic Site Classification............................................................................................13
6.14 Estimated Settlements ...................................................................................................
14
6.15 Seeding & Grassing.....................................................................................................14
7.0
CONSTRUCTION QUALITY ASSURANCE.......................................................................14
7.1 Recommendations for Construction Monitoring...........................................................14
8.0
LIMITATIONS.........................................................................................................................14
APPENDICES
APPENDIX A: Figure I Site Location Plan -
Figure 2 Boring Location Plan
Figure 3 Topsoil Sample Location Plan
APPENDIX B: Key to Soil Classification
Soil Classification Chart
Geotechnical Boring Logs (B-I through B-10)
Laboratory Testing (Moisture Content, Grain Size and Atterberg Limits)
APPENDIX C: Soil Test Report (as provided by the North Carolina Department of Agriculture and
Consumer Services - Agronomic Division)
11
Family Dollar — US Highway 17 Business September 13, 2012
Shield Project No. 1120105-01 Page 3 of 15
1.0 INTRODUCTION
1.1 Purpose of Study
The purpose of this study was to obtain information regarding the subsurface conditions within
the proposed building and parking areas. Additionally, this study was undertaken to conduct
pertinent field tests to assess the engineering characteristics of the subsurface materials, and to
provide recommendations regarding the geotechnical aspects of site preparation and foundation
design. This report contains the following items:
• Site Location Plan;
• Boring Location Plan;
• Boring Logs;
• A review of the encountered existing subsurface conditions with comments on the
aerial geology;
• A general evaluation of the site considering the proposed building construction and
encountered subsurface conditions;
• Laboratory testing data and analysis;
• General recommendations for the design and construction of a foundation system;
• Recommendations regarding estimated foundation settlements; and
• Recommendations for site preparation and construction of compacted fills.
1.2 Project Location
The site is located along US Highway 17
Business, southwest of the intersection of US
Highway 17 Business and Bragaw Lane in
Chocowinity, North Carolina, as shown on Figure
1, "Site Location Plan" in Appendix A. The
layout of the proposed structure and the borings is
shown on Figure 2, "Boring Location Plan" in
Appendix A.
1.3 Proposed Construction
The proposed project site is approximately 1.31 acres, and plans are to construct a single -story
Family Dollar retail structure and associated parking areas on the parcel. The Family Dollar
building will front on US Highway 17, and will have a masonry/brick, load bearing front wall,
with the remainder of the structure being steel framed. The proposed structure will utilize a slab -
on -grade foundation system. Based on conversations with representatives of Aston FD
Development, LLC, Shield understands that there is a detention/retention pond proposed for the
site. Based on Shield's understanding of the project, it is anticipated that site grading will be
minimal.
Family Dollar —US Highway 17 Business
Shield Project No. 1 120105-01
1.4 Scope of Work
September 13, 2012
Page 4 of 15
The scope of service included Geld testing, as well as evaluating the existing subsurface
conditions with regard to the proposed construction. Recommendations are presented herein for
the development and construction considerations of the site. This report also contains a brief
description of the field testing procedures perfonned for this study and a discussion of the soil
conditions encountered at the project site.
Our approved scope of service did not include an environmental site assessment of the property.
Consequently, this report does not contain information regarding the presence or absence of toxic
or hazardous wastes or the presence of pollutants in the soils, rock or groundwater of the site.
2.0 GEOTECHNICAL BACKGROUND
2.1 Site Description and Toriogra0v
Based on our site reconnaissance, the site is located in a suburban and/or light commercial area.
The site is relatively flat with a slight downward slope extending from southwest to northeast.
Heavy vegetation consisting of mature trees is located in the northwest comer of the site. An
existing business (Tigercat Forestry Equipment) is located immediately adjacent to the northern
boundary and First South Bank is located directly across the street from the project site.
2.2 Regional Geologv
The referenced site is located in Approximate Site Location
the Coastal Plain of North
Carolina. The Coastal Plain is a
wedge of mostly marine }
sedimentary rocks that
gradually thickens to the east.
The Coastal Plain is the largest
belt in the State of North
Carolina covering &.Wq` .0,
approximately 45 percent of
■ sr..arwe ❑ uaw
the land area. The most
common sediment types are sand and clay, although a significant amount of limestone occurs in
the southern part of the Coastal Plain.
According to the Geologic Map of North Carolina (1985), the site is underlain by Yorktown
Formation described as fossiliferous clay with varying amounts of fine-grained sand, bluish gray,
shell material commonly concentrated in lenses.
2.3 Soil Survey
Based on the Soil Survey of Beaufort County, North Carolina, issued in September 1995 by the
United States Department of Agriculture, Soil Conservation Service, the proposed Family Dollar
Family Dollar — US Highway 17 Business September 13, 2012
Shield Project No. 1 120105-01 Page 5 of 15
site is primarily underlain by Craven fine sandy loam (CrA) soils in the front two thirds of the lot
and Lenoir loam (Le) soils in the rear one third of the lot. These soils are typically found in flats
on marine terraces and flats on broad interstream divides, contain nearly level to strong slopes
and are somewhat poorly drained to moderately well -drained. The depth to water table ranges
from 12 to 36 inches below ground surface and has predominately clayey subsoil. Liquid Limits
for these soils range from 0-70 and Plasticity Indices (PI) range from non -plastic (NP) to 43.
3.0 FIELD EXPLORATION
3.1 Subsurface Exploration Procedures
A total of ten (10) soil test borings (B-1 through B-10) were performed at the approximate
locations shown on the attached Figure 2, "Boring Location Plan", in Appendix A. The locations
of the borings were determined by personnel from our office based on the proposed building (B-
1 through B-5), parking lot (B-6 through B-8) and possible detention pond (B-9 through B-10)
on the preliminary site layout provided to us by the client. Shield personnel recorded the boring
locations in the field by use of a Gannin hand-held global positioning system and physical
features on the property. A trailer mounted, CME-45 drill rig was used by Shield's
subcontractor, Carolina Drilling, to advance the borings into the ground and obtain samples for
an engineering evaluation.
The soil test borings were extended to depths ranging from approximately 10 to 15 feet below
the existing ground surface, with the exception of boring B-5 which was extended to 50 feet. The
soil test borings were performed using rotary wash drilling techniques in general accordance
with ASTM Practice D-5783. Soil samples were obtained at the soil test borings during our field
exploration in general accordance with ASTM Test Method D-1586.
Standard Penetration Tests (SPT) were performed at designated intervals in the soil test borings
as the augers were advanced. The SPT (N-value) represents the number of blows required to
drive a split -barrel sampler 12 inches with a 140-pound, rope and cathead hammer falling from a
height of 30 inches. The N-value provides a general indication of in -situ soil conditions and has
been correlated with certain published engineering properties of soils. The results of these tests
are depicted graphically on each individual "Geotechnical Boring Log" at the respective test
depths in Appendix B. A "Key to Soil Classification" and "Soil Classification Chart" are also
included in Appendix B.
The split -spoon soil samples collected during the field testing operations were visually examined
and classified by a member of our geotechnical staff in general accordance with ASTM Practice
D-2488 using the Unified Soil Classification System (USCS). The "Soil Classification Chart",
included in Appendix B, illustrates the USCS classification symbols depicted on the
"Geotechnical Boring Logs".
Family Dollar — US Highway 17 Business September 13, 2012
Shield Project No. It 20105-01 Page 6 of 15
4.0 SUBSURFACE CONDITIONS
4.1 Soil Profile
General subsurface conditions encountered during our subsurface exploration are described
herein. For more detailed soil descriptions and stratifications at a particular boring location, the
respective "Geotechnical Boring Log" in Appendix B should be reviewed. The geotechnical
boring logs represent our interpretation of the field logs based on engineering observations of the
sampled soils and selective laboratory testing. The horizontal stratification lines designating the
interface between various strata represent approximate boundaries. Transition between different
strata in the field may be gradual in both the horizontal and vertical directions.
Topsoil: Topsoil was encountered at the surface in each soil test boring ranging in depths
from 8 to 16 inches below ground surface.
Residuum: Residual soils were encountered beneath the topsoil in each soil lest boring.
The residual soils generally consist of Sandy CLAY (CL) and Clayey SAND (SC).
Standard Penetration Resistances (N-values) in the residuum ranged from weight of
hammer (WOH) to 26 blows per foot (bpf) at approximate depths of 0 to 15 feet below
the existing ground surface with the majority ranging from 4 to 8 bpf. Each of the borings
with the exception of B-5 was terminated in the residuum at depths of approximately 10
to 15 feet below the existing ground surface.
Yorktown Formation: Soil of the Yorktown Formation was encountered beneath the
residual soil in boring B-5 at a depth of 29 feet. The Yorktown Formation generally
consisted of gray Clayey SAND with shell fragments. N-values in the Yorktown
Fonnation ranged from 10 to 31 bpf. Boring B-5 was terminated in the Yorktown
Formation at an approximate depth of 50 feet below the existing ground surface.
4.2 Groundwater Observations
Drilling was performed with a rotary wash drill rig. In rotary wash drilling operations, water is
introduced into the boreholes as part of the procedure, making groundwater readings during
drilling unobtainable. Due to safety concerns, the borings were backfilled after the completion of
drilling operations, making subsequent water level readings unobtainable.
It should be noted that water levels tend to Fluctuate with seasonal and climatic variations, as
well as with some types of construction operations. Therefore, water may be encountered during
construction at depths not indicated during this study.
4.3 Detention Pond
Shield subcontracted with a Soil Scientist, licensed in the State of North Carolina, to evaluate the
saturated hydraulic conductivity and identify the seasonally high water table (SHWT) in the
general vicinity of the two (2) proposed detention pond locations (borings B-9 and B-10). The
report of these findings will be submitted at a later date as an addendum to this report.