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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 cis 3.30 0.00 in pdLec 4gr.,.cJ VL 4.0 cr —_ •4{ C, F,„ -nnvU I'•' =g q< �� l ? , u, r m. ^t'cu. V L� ---- I• U..{-' way�e 1 rrJ � � a ` •t — H x NIL.. 1_l ry Cam! �I•.. F{ t3.'b„� J 2r _aad mc:. �3b1'-tCF f:VrCtlftl1.1C1'v1_�-,,.,_____„�.___ —....,��._•_.__ 1jncL9:f$ 06btFL—F6_i -_`—�_� ce !"4 6a• 7, 1W,-I IbG"JI b,;. j,ni , or.• r.t-�a i` R= iCCLEBe'A' -- - -- I-'_.�•-.�-'J-' LCtd 'r, a I Lib Cl P911. 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E., .,,TIO JIG' 0lid Iu�>�F'i.l0a "': L`EtSr la �IJfDl; q3 (—'.- �P❑:I. I'll", LSr SI UU •IKI�'I'Ci .9.,nir. .,u�lr !1rtl ,l Q;l;rC7"Pr'+ it<t Lu:.gi; c.t UF•-".'��-J3 lull!"I LSPlj D-I'+ ,AIF.1"L let) L•lr Lm Mild "�+JJ•C32.31C.KRJY, JLE ulcX•'.EfnhHEVf)2tr_L:121n0'rIDLI:DYOR !0G1�6J,E491.10:3:,ovo vvi4r421? - ::7 kS Y1z",I 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 ♦ Win. s P :6- .ti # «, <-�. � .. .•� \� /'^c"2s. �.•- '••" ;-A? n -- ? _ e� —'r" 4 J ^ r �F. a- -n � r . E-ate _t w -D• d, a "+ S .:� .1` 1, '—'r '~ -Y• a x e .H -i IT. :` •r_ a` r m -0'wa "" ',> � "' �'� \` -� � �.� .s a -a : ��r--'fir ORFOrK 1143 . i � �'x -!f t • '�Y-•}mil 4 '].Q� � s J l� ���. �y z F jiNh° Towers twRRF) r SITE .•. COL r : � � — � " .� Marsden. (s•" .s- •- `-r . _ � T• .; r=y � Station % � `� �y� .. v � JS��'tY1n1Lp• V)I•O T• • �/�//)SI%( ..,,,f�^ '1 O R � , [�p l��Tr /. -�_.. f `� �'� R • .•'-�r__,_ F .i ?v CO*inityh.'� . ` ` ,i i 7-✓ OlQ.,. 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 / `\`\� i � �' \� �� �• \ \ \. h / ETA ,r-vc 9w<� m �, cq W 76G- 212 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 . OA. FEsslo• •tiy,; i aQ kv� •. AI J ' F ?j✓`s J �O E "; , ;W11J11�GLN/ W 1 *-7- SHIELD 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.