HomeMy WebLinkAboutSW7970519_CURRENT PERMIT_20190530STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW����
DOC TYPE
CURRENT PERMIT
APPROVED
E PLANS
❑ 'HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE`g'(j'j
YYYYMMDD
'ZOY COOPER
C""'o r
MICHAEL S. REGAN
Secretary
S. DANIEL SIMITH
interim Oirecmr
Speedway, LLC
Attn: Mr. Richard M. Blau, Esq
500 Speedway Drive
Enon, OH 45323
NORTH CAROLINA.
Environmental Quality
May 30, 2019
Subject: Stormwater Permit No.SW7970519
Speedway —Washington, NC
High Density Stormwater Project
Dear Mr. Blau: Beaufort County
The Washington Regional Office received your request to transfer the stormwater
permit for the Speedway Store located at 1345 John Small Ave in Washington, NC. Staff
review of the plans and specifications has determined that the subject project will comply
With the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7970519 dated May 30, 2019 for the subject project.
This permit shall be effective from the date of issuance until March 10, 2021, and
shall be subject to the conditions and limitations as specified therein. Please pay
special attention to the Operation and Maintenance requirements in this permit and in
the submitted application. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance
problems.
If any parts, requirements, or limitations contained in this permit are
unacceptable, you have the right to request an adjudicatory hearing upon written
request within thirty (30) days following receipt of this permit. This request must be in
the form of a written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447 Unless such demands are made this permit shall be final and
binding.
If you have any questions, or need additional information concerning this matter,
please contact this office at (252) 946-6481.
Sincerely,
—cam--�-1 l
Samir Dumpor, PE
Regional Engineer
cc: WARO Files
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North Carolina Department of Fnvironmenlal Quality 1 Div lion of Energy, Mineral and Land Resou, ,,,
Washington Regional office; 943 Washington Square blall K'ashington,;
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28Z9A68481 North Carolina 27889
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes
of North Carolina as amended, and other applicable Laws, Rules, and
Regulations
PERMISSION IS HEREBY GRANTED TO
Speedway, LLC
Beaufort County
FOR THE
construction, operation and maintenance of a wet detention pond system in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as
the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and
approved by the Division of Energy, Mineral and Land Resources (DEMLR) anc
considered a part of this permit for the Speedway Store located at 1345 John
Small Ave in Washington, NC.
This permit shall be effective from the date of issuance until March 10, 2021, and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of
stormwater described in the application and other supporting data.
2. This stormwater system has been approved for the management of
stormwater runoff as described in Section 1.5 on page 3 of this permit. The
stormwater controls have been designed to handle the runoff from 39,262
sf of impervious area.
All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the
project will be recorded showing all such required easements, in
accordance with the approved plans%and permit.
4. The tract will be limited to the amount of built -upon area indicated on page
3 of this permit, and per approved plans. The runoff from all built -upon.
area within the permitted drainage areas of this project must be directed
into the permitted stormwater control system.
5. The following design criteria have been provided for the wet detention
pond and must be maintained at design condition:
a.
Total Site Area:
1.382 acres
Total On -site Impervious Area:
0.781 acres
Total Off -site Impervious Area:
0.121 acres
b.
Design Storm:
1.0 - inch
C.
TSS removal efficiency:
85 %
d.
Required Surface Area:
2507 sf
e.
Provided Surface Area:
3276 sf
(@ perm. pool elev 23.0)
f.
Required Storage Volume:
3195 cf
(based on 1.0-inch)
g.
Provided Storage:
7835 cf
h
Small Diameter Orifice:
1.0-inch
j.
Receiving Stream:
UT -Runyon Creek
j.
Classification of Water Body:
CNSW
II. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of
any built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded
areas of the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at
optimum efficiency. The approved Operation and Maintenance Plans
must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of bypass structure, filter media,
flow spreader, catch basins, piping and vegetated filter.
g. A clear access path to the bypass structure must be available at all
times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of the Division. The records will indicate
the date, activity, name of person performing the work and what actions
were taken.
5. The facilities shall be constructed as shown on the approved plans. This
permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility, a certification
must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be
required for those deviations.
If the stormwater system was used as an Erosion Control device, it must
be restored to design condition prior to operation as a stormwater
treatment device, and prior to occupancy of the facility.
Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. The permittee shall submit to the Director and shall have received
construction,for revised for anypmodificationito the approved plaand nls,rs prior to
inclludi g, but not
limited to, those listed below:
a. Any revision to any item shown on the approved plans, including
the stormwater management measures, built -upon area, details,
etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or
to the drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the
project area. The project area is defined as all property owned by
the permittee, for which Sedimentation and Erosion Control Plan
r permit was sought.
f. Filling in, altering, or pipiroval or a CAMA ng of any vegetative conveyance shown on
the approved plan.
10. The permittee shall submit final site layout and grading plans for any
permitted future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on
file by the Permittee at all times.
12. The Director may notify the permittee when the permitted site does not
meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum
requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
13. This permit shall be effective from the date of issuance until March 10,
2021. Application for permit renewal shall be submitted 180 days prior to
the expiration date of this permit and must be accompanied by the
processing fee.
III. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the
Director. In the event of a change of ownership, or a name change, the
permittee must submit a formal permit transfer request to the Division
accompanied by a completed name/ownership change form,
documentation from the parties involved, and other supporting materials
as may be appropriate. The approval of this request will be considered on
its merits and may or may not be approved. The permittee is responsible
for compliance with all permit conditions until such time as the Division
approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit
may subject the Permittee to enforcement action by the Division in
accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
3. The issuance of this permit does not preclude the Permittee from
complying with any and all statutes, rules, regulations, or ordinances,
which may be imposed by other government agencies (local, state, and
federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate
corrective action, including those as may be required by this Division, such
as the construction of additional or replacement stormwater management
systems.
5. The permittee grants Division Staff permission to enter the property during
normal business hours for the purpose of inspecting all components of the
permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for
cause. The filing of a request for a permit modification, revocation and
reissuance or termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the
stormwater control must follow the guidelines established in the North
Carolina Erosion and Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of the permit. A copy of the approved
plans and specifications shall be maintained on file by the Permittee for
the life of the project.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 30th day of May 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
mullet virector
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7970519
Stormwater Permit No. SW7970519
Wet Pond System
Speedway Store —Washington, NC
Beaufort County
Designer's Certification
as a duly registered
in the State of North Carolina, having been
authorized to observe (periodically/ weekly/ full time) the construction of the
project,
(Project)
for (Project Owner) hereby state that,
to the best of my abilities, due care and diligence was used in the observation of
the project construction such that the construction was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Note: The checklist on the following page must be included with this
Certification. Any changes or deviations from the approved plans and
The certification forms shosecifications must be uld be �subm submitted to DEMLR atrthe Washington
f fication.
Regional office.
SEAL
Signature
Registration Number
Date
Complete this checklist for each system and include with
Certification:
1. The drainage area to the system contains approximately the
permitted acreage.
2. The drainage area to the system contains no more than the
permitted amount of built -upon area.
3. All the built -upon area associated with the project is graded such
that the runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the
system.
5. The bypass structure elevations are per the approved plan.
6. The bypass structure is located per the approved plans.
7 A Trash Rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause
short-circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved
plans.
„ ^ NC DEQ Division of Energy, Mineral and Land Resources
V`) Y r STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM
Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at: http://deg.nc.00vlcontactlregional-offices.
After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the
current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit
conditions, the permit shall not be transferred until:
1. the current permittee resolves all non-compliance issues identified in the inspection report;
2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves all non-compliance issues upon acquiring the permit.
Signature requirements for the named signing official (for current and proposed permittee) must meet the following:
• Corporation - a principal executive officer of at least the level of vice-president;
• Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of
State or other official documentation must be provided that states the titles and positions held by the
person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for
the LLC)
• Municipality - a ranking official or duly authorized employee;
• Partnership or limited partnership - the general partner,
• Sole proprietor;
• The signature of the consultant or other agent shall be accepted on this permit transfer application only if
accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as
applicable.
A. GENERAL INFORMATION
1. State Stormwater Permit Number,SW7970519 ,5 v�/� C
2. Project name: Speedway #8273
Is this an updated project name from the current permit? 0 Yes ❑ No
3. Reason for the permit transfer request:
All AT Williams / Wilco Hess locations were purchased by Speedway, LLC.
RECEIVED APR 0 8 2019
Stormwater Permit Transfer Application Form Page 1 of 7
April 27, 2018
B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below)
0 1. Both the current and proposed permittees
❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G).
In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only
when all of the following items can be truthfully checked:
❑ Any common areas related to the operation and maintenance of the stormwater management
system have been conveyed to the unit owners' association or owners' association in
accordance with the declaration;
❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than
a declarant (provide documentation per submittal requirements below);
❑ The stormwater management system is in compliance with the stormwater permit.
NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that
the elements of the Planned Community Act (see §47F) have been met by the Declarant for the
subdivision. If the Declarant chooses to use this type of transfer, the determination must be in
writing, signed by the attorney, and submitted to DEMLR with this form.
❑ 3. Only the proposed permittee (skip Part below).
In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only
when all of the following items can be truthfully checked.,
❑ a. The proposed permittee is either (select one of the following):
❑ The successor -owner who holds title to the property on which the permitted activity is
occurring or will occur;
❑ The successor -owner who is the sole claimant of the right to engage in the permitted
activity.
❑ b. The current permittee is (select at least one of the following, but all that apply):
❑ A natural person who is deceased.
❑ A partnership, Limited Liability Corporation, corporation, or any other business
association that has been dissolved
❑ A person who has been lawfully and finally divested of title to the property on which the
permitted activity is occurring or will occur.
❑ A person who has sold the property on which the permitted activity is occurring or will
occur.
❑ Other (please explain):
❑ c. The proposed permittee agrees to the following requirements (all must be selected):
❑ There will be no substantial change in the permitted activity.
❑ The permit holder shall comply with all terms and conditions of the permit until such
time as the permit is transferred.
❑ The successor -owner shall comply with all terms and conditions of the permit once the
permit has been transferred.
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018
C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark "V if previously provided. if not
applicable or not available, please mark N/A.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
X 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
6. If required by the permit and if the project has been built, a signed, sealed and dated certification
document from a licensed professional stating that the stormwater management system has been
inspected and that it has been built and maintained in accordance with the approved plans.
7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has
been built, documentation that the maximum allowed per lot built -upon area or the maximum
allowed total built -upon area has not been exceeded. If the project has not been built, the new
owner shall provide a signed agreement to submit final recorded deed restrictions and protective
covenants.
8. If transferring under G. S. 143-214.7(c2) (i.e., Part 8, Item 2 of this form is selected),
documentation verifying that 50% or more of the lots have been conveyed to individuals (not
builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address,
owner's name, conveyance date and deed book and page number are acceptable.
9. If transferring under G. S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal
documentation supporting the dissolution of the corporation or documentation supporting the
current permittee was lawfully and finally divested of title of the property.
Y 10. A copy of the lease agreement if the proposed permittee is the lessee.
11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
12. A copy of the development agreement if the proposed permittee is the developer.
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018
D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION. Please be:sure to provide Email.
1. Current Permit Holder's
2. Signing Official's Name:
Sodalis Investments II. LLC
3. Signing Official's Title: -,0,0�lm A, 4/L
4. Mailing Address: PO Box 3435
City: Greenville State: NC ZIP: 2783E
5. Street Address: 1345 John Small Avenue
City: Washington State: NC ZIP:, 2788`
6. Phone: (_) Email:
I, the currentpermittee, am submitting this application for a
transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified
on Page 1.of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project
and/or the stormwater system associated with this permit. I have provided a copy of the following documents to
the proposed permittee named in this application form: (select all that apply)
❑ the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants,, common areas,.drainage easements or plats;
❑ the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required);
❑ a copy of the most recent inspection report;
I further attest that this application and request for a permit transfer is accurate and complete to the best of my
knowledge. I attest that I have.provided all of the required items per the law to transfer this permit. I understand
that if all required parts of this request are not completed or if all required, supporting information and attachments
listed above are not included, this request package will be returned as incomplete Lassign all rights and
obligations as.permittee to the proposed permittee named below. I understand that this request to transfer the
permit may not be ed by the DEMLR unless a until the facility is in compliance with the KRermit.
Signature: v Date:
that
this t
>`Oon E�,/gym
YWy
9
County, of.
a Notary Public for the State of
do hereby certify
)ioo V �_), - : personally appeared before me
_ day of 20 14 and acknowledge the due
instrument, Witness my hand and official seal
Stormwater Permit Transfer Application Form Page 4 of 7 . April 27, 2018
E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
Gieh,n _
f oS r de (rt5 7
❑ Property owner (Also complete Part F.) oge37
❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association
(UOA) (Also complete Part F.)
❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on
the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
[� Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
0 Corporation, LLC, Partnership, Municipality name: Speedway, LLC
❑ HOA I POA I UOA name:
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Richard M. BI;
J k-f e2M ,-n m, s,9.l . Cops
b. Signing Official's Title: Attorney -in -Fact
c. Mailing Address: 500 Speedway Drive
City: Enon State: OH ZIP: 45322
d. Street Address: 1345 John Small Avenue
City: Washington State: NC ZIP: 27885
e. Phone: (609) 901-1757 Email: gdantuono@speedway.com
eal,Sor, N?.
4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide:
Please be sure to provide Email.
a. Management Company or Business name:
b. Contact Name:
c. Mailing Address:
d. City:
e. Phone: (_) _
Title:
ZIP:
�7S�o rn 2r f A4 40 w
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018
F. PROPOSED PERMITTEE CERTIFICATION
1, Richard M. Blau, Esq. , hereby notify the DEMLR that I have acquired through sale, lease,
development agreement, or other legal transfer, the project/property covered by the stormwater management
permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater
management system. I acknowledge and attest that I have received a copy of: (select all that apply):
0 the most recent permit;
❑ the designer's certification for each SCM;
❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats;
the approved plans and/or approved as -built plans;
❑ the approved operation and maintenance agreement;
❑ past maintenance records from the previous permittee (where required),
❑ a copy of the most recent inspection report;
0 Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance
issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a
written document statement, with a 'plan of action and schedule" addressed to this office stating that they will
bring the project into compliance upon receipt of the transferred permit. This written plan of action and
schedule" must be received by the Division before the Division will transfer the permit.
I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will
comply with the terms and conditions of the permit. 1 will construct the project's built -upon area as shown on the
approved plans; III (construct), operate and maintain the approved stormwater management system
pursuant to the ire ants f e he r In the operation and maintenance agreement.
I l {
Signature: r " p Date:
I, C CSOI l o Notary Public for the State of tX3�J
County of f 6C do hereby certify that ',r Z C_/�p�
personally appeared before me this the � �t day of / v`o!("h 20 and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
Notary Signature
My commission expires
E�t
RILYN STEELE JONES
OMMISSION # GG 123618
RES: September 13, 2U21
Tt"tbhry PUMP Undemimn
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018
G. PROPERTY OWNERINFORMATION' AND CERTIFICATION
Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to
the property owner if the purchase agreement, development agreement or lease expires or is terminated.
Company Name/Organ
Signing Official's Printe
Signing Official's Title:
Mailing Address: PO Box 3435
City: Greenville State: NC Zip: 2783E
Phoney (2-52) 355-4610 Email:
J, , hereby certify that I currently own the property identified in
this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the
property„ developing the property on my behalf, and/or leasing the property from me. A copy of the purchase
agreement, development agreement or the lease agreement, which names the party responsible for the
construction and/or operation and maintenance of the stormwater system, has been provided with the permit
transfer request.
I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements
and will submit the applicable completed and signed Permit Information Update form, or Permit Transfer
Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree
by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR
Stormwater permit if the property purchase; lease or developer agreemenUcontract is cancelled or defaults. I
understand that any individual or entity found to be in noncompliance with the provisions of the stormwater
management permit or the stormwater r as, is subject to enforcement action as set forth in NC General Statute
(NCGS) 143, Article 21,
Signature of the property owner �� Date: _?, 2
v
a Notary Public for the State of
f`1tlY a y\cI , County of 1 do hereby certify t at
personally appeared before me this the, day of
1��•i-c ��y�/�� 20 I G , and acknowledge the due execution of the forgoing instrument. Witness
.�' lion
Q �R►--mN L
U ( ealj
Puv , U
Stormwater Permit Transfer Application. Form Page 7 of 7 ..April 27, 2018
STATE OF NORTH CAROLINA
SITE LEASE AGREEMENT
WASHINGTON COUNTY
THIS LEASE AGREEMENT is made by and between WILLIAMS FAMILY HEIRS, LLC, herein referred
to as "Lessors" or "Landlord", and WILCOHESS, LLC, herein referred to as "Lessees" or "Tenant;
WITNESSETH:
For and in consideration of the mutual covenants herein expressed, the Lessors do hereby lease to the
Lessees the property described on Exhibit A attached hereto, located in Plymouth, State of North Carolina (mown
generally as the building located at 2025 US Highway 64 W. Plymouth, NC 27962 (store # 1859), (the
"Premises"), subject to the following terms and conditions:
1. INITIAL TERM: The initial term shall commence on the 1st day of June, 2012, (the "Commencement
Date") and shall expire twenty-three years from said date. For six (6) months prior to the expiration of the term,
Landlord shall have the right to display on the exterior of the Premises a sign advertising the Premises as being "For
Rent'. Tenant shall surrender the Premises at the expiration of the term hereof or at such other time as Tenant may
be required to vacate the Premises pursuant to the provisions hereof, broom clean and in as good condition as when
received, excepting depreciation caused by ordinary wear and tear and damage by fire or other casualty covered by
the insurance. Provided that Tenant is not in default hereunder, Tenant shall have the right to remove its equipment
and trade fixtures at the expiration or earlier termination of this Lease. Tenant agrees to make any repairs necessary
to the Premises as a result of the removal of its trade fixtures and equipment.
2. RENTAL: The Lessee agrees to pay rental for the initial term hereof in the amount of Twelve
thousand six hundred sixty and 00/100 ($12.660.00) dollars per month, in advance, on or before the first day of
each month during the first three years of the lease.
3. RENT ADJUSTMENT: The first rent adjustment will take place on June 1, 2015. The first
rent adjustment will be based on comparing the CPI over a five year period as described in that certain MASTER
LEASE AGREEMENT between the parties hereto. Subsequent Anniversary Dates, as defined in the MASTER
LEASE AGREEMENT, for rent adjustments will occur on the date which is eight, thirteen, and eighteen years after
the Commencement Date.
The remaining terms and conditions of Sections 1 through 3 and the terms and conditions of Sections 4
through 23 inclusive of that certain MASTER LEASE AGREEMENT between the parties hereto, dated June 1,
2012 are incorporated herein by reference, as fully as if set out herein. If provisions in this SITE LEASE
AGREEMENT differ from the provisions in the MASTER LEASE AGREEMENT, the provisions in this SITE
LEASE AGREEMENT will prevail. This SITE LEASE AGREEMENT and the MASTER LEASE AGREEMENT,
collectively, replace any previous leases, whether oral or written, for this site.
This the I st day of June, 2012.
LANDLORD:
By:-:Fa fly Heirs, LLC
Williamsr^ (SEAL)
Edwin L. Clark, Jr., Manage
TENANT:
WilcoHess, LLC
By: �v t� (SEAL)
Sh P Ion ky, Senioln President, CFO
RECEIVED qpR 0 8 7019
�Pl,/q
STATE OF NORTH CAROLINA
PITT COUNTY
MASTER LEASE AGREEMENT
THIS MASTER LEASE AGREEMENT is made by and between WILLIAMS FAMILY
HEIRS, LLC, herein referred to as "Lessors" or "Landlord", and WILCOHESS, LLC, herein referred to
as "Lessees" or "Tenant;
WITNESSETH:
IT IS INTENDED that the form of this MASTER LEASE AGREEMENT shall be utilized
by the parties hereto for multiple sites, with the same general terms to be incorporated by reference,
except for the provisions in Sections 1 and 2 and certain provisions in Section 3 hereof, which shall
change for each lease. If provisions in any individual SITE LEASE AGREEMENT differ from the
provisions in this MASTER LEASE AGREEMENT, the provisions in the SITE LEASE AGREEMENT
will prevail; now, therefore
For, and in consideration of the mutual covenants herein expressed, the Lessors do hereby
lease to the Lessees the property described on Exhibit A attached hereto and whose location is further
identified in the accompanying Site Lease Agreement (the "Premises'), subject to the following terms and
conditions:
1. INITIAL TERM: The initial term shall commence per the date agreed upon as
specified in the Site Lease Agreement (the "Commencement Date") and shall expire twenty years from
said date. For six (6) months prior to the expiration of the term, Landlord shall have the right to display
on the exterior of the Premises a sign advertising the Premises as being."For Rent'. Tenant shall
surrender the Premises at the expiration of the term hereof or at such other time as Tenant may be
required to vacate the Premises pursuant to the provisions hereof, broom clean and in as good condition as
when received, excepting depreciation caused by ordinary wear and tear and damage by fire or other
casualty covered by the insurance. Provided that Tenant is not in default hereunder, Tenant shall have the
right to remove its equipment and trade f idures at the expiration or earlier termination of this Lease.
Tenant agrees to make any repairs necessary to the Premises as a result of the removal of its trade fixtures
and.equipment
2. RENTAL: The Lessees agree to pay rental for the initial term hereof in the amount
stated in the Lease Agreement monthly, in advance, on or before the first day of each month during the
first five years of the lease:
3. RENT ADJUSTMENT: The rent shall be adjusted every five years thereafter during
the lease term, and during any extensions of the lease term as follows: On the date which is five, ten,
fifteen (and if applicable, twenty and/or twenty five) years after the Commencement Date (an
"Anniversary Date"), the rent shall be recalculated by comparing the CPI (as defined below) for the
month three months before the Anniversary Date with the CPI for the month which is sixty three months
before the Anniversary Date. The new rental for the next five year period shall be computed by
multiplying the percentage increase or decrease, if any, of those two CPI numbers by the rental for the
previous five years, and adding that product to the rent of the previous five years. Said sum shall be the
new rent for the next five year period beginning with said Anniversary Date.
The term "CPI" means the Consumer Price Index- U.S. City Averages for All Urban
Consumers -All Items (1982-84=100), of the United States Bureau of Labor Statistics.
If the Bureau of Labor Statistics revises the manner in which such CPI is determined,
Landlord may adjust the revised index to produce results equivalent, as nearly as possible, to those which
would have been obtained if the CPI had not been so revised. If the 1982-84 average shall no longer be
used as an index of 100, such change shall constitute a revision.
If the CPI shall become unavailable to the public because publication is discontinued, or
otherwise, Landlord will substitute therefor, a comparable index based upon, changes in the cost of living
or purchasing power of the consumer dollar published by any other governmental agency or, if no such
index shall be available then a comparable index published by a major bank or other financial institution.
4. WARRANTIES OF RIGHT OF POSSESSION AND QUIET ENJOYMENT: Lessors
covenant that they are seized of the right to occupy the premises and have the right to make this Lease and
on paying the rent and performing the covenants herein contained, Lessees shall peacefully and quietly
have, hold, and enjoy the premises for the agreed term.
5. OPTION TO EXTEND LEASE: After the initial term of this Lease, Lessee shall have
the option to extend this Lease for an additional period of five years provided Lessee gives Lessors ninety
days advanced written notice of its intent to do so before the expiration of the initial term. The rental
during said extension shall be calculated as set forth in Section 3 above. If Lessee exercises said option,
it shall have a further right to extend the option for a second additional period of five years provided
Lessee gives Lessors ninety days advanced written notice of its intent to do so before the expiration of the
first extension period. The rental during said second extension shall be calculated as set forth in Section 3
above.
6. ASSIGNMENT AND SUBLETTING: The Lessees may assign or sublet this Lease, or
any part thereof only upon the prior written consent of the Lessors. In the event that all or any part of the
premises are sublet or in the event that this Lease is assigned in whole or in part, the Lessees agree to
remain responsible to the Lessors for the full and faithful performance of the provisions hereof.
7. ALTERATIONS AND IMPROVEMENTS: Tenant shall have the right to make any
improvements or alterations which in the course of its business it may deem necessary and expedient,
provided such alterations or improvements do not affect or reduce in value the improvements now upon
the premises, and Lessor further agrees that the Tenant may, upon the termination of this lease, remove
the said improvements from the premises provided the terms of the lease have been fulfilled by Tenant,
and further providing the same are not permanently attached to the premises. Tenant agrees that any
alterations made by it shall be performed in good workmanlike manner.
8. DAMAGE TO PREMISES: If the premises, or any part thereof, shall be partially
damaged by fire or other casualty not due to Lessees' negligence or willful act, or that of its employees,
agents or customers, and such damages can be repaired in ninety (90) days or less, the premises shall be
promptly repaired by Lessors to the extent of applicable insurance coverage, but there shall be no
abatement of rent for the time during which, the premises are untenantable. If repair of such partial
damage cannot be reasonably completed in ninety days, rent will be abated for the period ninety days post
the date of damage until completion, provided Lessee is working diligently to complete such repairs.
9. EFFECT OF EMINENT DOMAIN: (a) In the event the entire demised premises shall
be appropriated or taken under the power of eminent domain by any public or quasi -public authority, this
Lease shall terminate and expire as of the date of such taking, and the Lessees shall thereupon be released
from any liability thereafter accruing hereunder. (b) In the event a portion of the demised premises shall
be so appropriated or taken and the remainder of the property shall not be suitable for the use then being
made of the property by Lessees, or if the remainder of the property is not one undivided parcel of
property, Lessees shall have the right to terminate this Lease as of the date of such taking on giving to the
Lessors written notice of such termination within 60 days after Lessors have notified Lessees in writing
that the property has been so appropriated or taken. In the event the Lessees do not elect to terminate this
Lease under this subparagraph, this Lease shall remain in full force and effect.
10. UTILITIES: Lessees shall be responsible for arranging for and paying for all utility
services required on the leased premises, including without limiting the generality thereof, electricity,
water, gas, sewerage, janitorial services, trash pickup and telephone together with insurance on Lessee's
personal property.
11. MAINTENANCE AND REPAIRS: All repairs to the Premises or any installations,
equipment, or mechanical systems, the structural portions of the Building, the roof and roof membrane,
foundations, and the exterior portions of all appurtenances, electrical systems, and plumbing systems, and
lighting, storm drainage and the Premises, parking area and exterior walls and windows of the Building
and underground utility and sewer pipes in or serving the Premises shall be made by Tenant at its sole
expense, except those necessitated by the affirmative acts of proven negligence of Landlord, its agents or
employees. In the event Tenant fails to make such repairs, Landlord may at its option, but need not, make
same and Tenant agrees to pay Landlord as additional rent the cost thereof promptly upon demand by
Landlord.
12. TAXES AND PROPERTY INSURANCE: The Lessees shall be responsible for
payment of the cost of fire, hazard and extended insurance coverage on the building and site
improvements constructed on the premises, which insurance shall be in the amount sufficient to cover the
full replacement cost of any repair or reconstruction from any such hazard during the term of this Lease.
Tenant shall keep in force at Tenant's expense as long as this Lease remains in effect and
during such other time as Tenant occupies the Premises or any part thereof, commercial general liability
insurance for Tenant, Landlord and Landlord's mortgagee as their interest may appear covering the
Premises and Tenant's use thereof, in companies qualified to do business in the State in which the
Premises are located in good standing therein and otherwise satisfactory to Landlord with limits of One
Million Dollars ($1,000,000) with respect to each occurrence, One Million Dollars ($1,000,000) with
respect to personal injury or death of a single person, One Million Dollars ($1,000,000) general
aggregate, and One Million Dollars ($1,000,000) with respect to products completed aggregate.
Should Tenant fail to carry or keep in force such insurance, Landlord may, but need not,
cause such insurance to be issued and in such event Tenant agrees to pay as additional rental the premium
for such insurance promptly upon Landlord's demand.
Tenant also agrees to pay the property taxes for the Premises during the term of the lease.
Landlord will timely forward all such statements, notices, etc. to Tenant to facilitate Tenant's obligation
to pay such taxes.
13. ESTOPPEL AGREEMENTS and SUBORDINATION: Tenant agrees that from time
to time at reasonable intervals, within fifteen (15) days after written request by Landlord, Tenant will
execute, acknowledge and deliver to Landlord, or such other party as may be designated by Landlord, a
certificate stating that this Lease is in full force and effect and has not been modified, supplemented or
amended in any way, except as indicated in such certificate; that all conditions and agreements under this
Lease to be performed by Landlord have been satisfied or performed, except as set forth in said
certificate; that there are no existing defenses or offsets, except as indicated in said certificate; that Tenant
has not paid any rental in advance, except as indicated in said certificate; that Tenant.is not in default in
the payment of rent or any of the other obligations required of Tenant under this Lease; that Tenant has
paid minimum rentals as of the date set forth in the certificate; and other reasonable matters as may be
requested by Landlord.
Tenant agrees that this Lease is subordinate and subject to any mortgage, deed of trust or
any other hypothecation for security which has been or which hereafter may be placed upon the Premises
or property of Landlord of which they are apart. This provision is self -operative and shall not require any
further documentation to evidence or effectuate this subordination. Notwithstanding the foregoing,
Tenant agrees to execute any documents which may be required or requested in writing by Landlord to
evidence such subordination. Notwithstanding the foregoing, so long as Tenant is not in default (beyond
any period given Tenant to cure such default) in the payment of rent or in the performance of any of the
terms, covenants or conditions of the Lease on Tenant's part to be performed, Tenant's possession of the
premises described in the Lease and Tenant's rights and privileges under the Lease, or any extensions or
renewals thereof which may be effected in accordance with any option therefor in the Lease, shall not be
diminished or interfered with by such lender and Tenant's occupancy of said premises shall not be
disturbed by such lender for any reason whatsoever during the term of the lease or any extensions or
renewals thereof.
14. SIGNAGE: Tenant may place signage indicating its business identity on the exterior
of the building, subject to local building and zoning codes. Any signage desired by Lessees shall be
provided at Lessees' expense.
15. PROPERTY OF LESSEE: All property placed on the Premises by, at the direction of,
or with the consent of the Lessees, its employees, agents, licensees or invites, shall be at the risk of the
Lessees or the owner thereof and Lessors shall not be liable for any loss of or damage to said property
resulting from any cause whatsoever unless such loss or damage is the result of Lessors' proven acts of
negligence.
16. LESSOR'S RIGHT OF ENTRY: Lessors shall have the right to enter and to grant
licenses to enter the Premises at any time and for such lengths of time as Lessors shall deem reasonable
(so long as such entry does not unreasonably interfere with lessees' business operations, and except in the
case of emergency, upon twenty four (24) hours advance notice to Tenant) (a) to inspect the Premises, (b)
to exhibit the Premises to prospective tenants or purchasers of the Premises, (c) to make alterations or
repairs to the Premises and to store necessary materials, tools and equipment for such alterations or
repairs, (d) to abate any condition which constitutes a violation of any covenant or condition of this
Lease. No such entry by Lessor shall in any manner affect Lessees' obligations and covenants under this
Lease and no entry shall of itself without affirmative proof of negligence on the part of Lessors render
Lessors liable for any loss of or damage to the property of Lessees.
17. INDEMNIFICATION OF LESSORS: Tenant covenants, at its expense, at all times
during the term hereof to defend and save Landlord and any mortgagee and those in privity of estate with
Landlord harmless and indemnified from all injury, cost, liability, loss, claims, actions, expenses or
damages (including without limitation, attorney's fees and disbursements incurred by Landlord in
conducting, investigating and preparing for and conducting a defense) to any person or property, arising
from, related to, or in any way connected with the use or occupancy of the Premises or the conduct or
operation of the Tenant's business, unless such injury, loss, claims, or damage are attributable to the gross
negligence of Landlord, its agents, servants, or employees. Landlord and its agents and employees shall
not be liable for, and Tenant waives all claims for, loss or damage to Tenant's business or damage to
person or property sustained by Tenant or any other party claiming through Tenant resulting from any
accident or occurrence (unless caused by or resulting from the gross negligence of Landlord) in or upon
the Premises including, but not limited to, claims for damage resulting from: any equipment or
appurtenances becoming out of repair; injury done or occasioned by wind; any defect in or failure of
plumbing, heating, or air-conditioning equipment, electric wiring, or installation thereof, gas, water, and
steam pipes, stairs, porches, railings, or walks, broken glass; the backing up of any sewer pipe; the escape
of steam or hot water, water, snow, or ice being upon or coming through the roof, skylight, trapdoor,
stairs, doorways, show windows, walks, or any other place upon or near the Premises or otherwise; the
falling of any fixture, plaster, tile, or stucco; additionally in no event shall Landlord be liable with respect
to water damages of any nature whatsoever. All personal property belonging to Tenant or any other
person in the Premises shall be there at the sole risk of Tenant or other such person, and neither Landlord,
its agents nor employees shall be liable for any damage to, the theft of or misappropriation of such
property, unless said employees of Landlord engage in willful misconduct.
18. RIGHT OF FIRST REFUSAL and OPTION: If, at any time during the lease period,
Lessor shall receive from a third party, an Offer to Purchase said property which Lessor intend to accept,
it shall first make a written offer to sell such property to Lessees on the same terms and conditions as the
proposed sale, said offer to the Lessee to remain open for 30 days. If Lessee accepts said written Offer to
sell within such time, then the Offer to sell shall become a binding contract. Should Lessee fail to give
notice to Lessor of its acceptance of the proposed Offer to sell within said time, then Lessee shall have
waived its right to exercise said first right of refusal in regards to that Offer to Purchase. Lessor may
enter into an agreement on those same terms with said third party, provided, however, that Lessor will
remit to Lessee an amount equal to the greater of twenty-five (25) percent of the gross purchase price for
the property or Lessee's net book value of the equipment at the site, calculated as of Lessee's most
recently completed fiscal year-end, as compensation for Lessee's investment in equipment at the site.
Such payment will be due upon transfer of ownership of the site. Lessee also retains the right to maintain
ownership of and remove such equipment, at Lessee's expense, from the site.
Notwithstanding the forgoing, this Section 18 shall not restrict in any way, or be triggered
by, the transfer of the property to any Member of the Landlord (if the Landlord is a partnership or limited
liability company), or to any spouse or lineal descendant or spouse of a lineal descendant of a Member, to
a Trustee or Trust for the benefit of any such person or any entity which is owned fully by a Member
and/or the spouse, lineal descendants or spouses of lineal descendants of a Member whether such transfer
be by sale, gift, will or intestate succession and any such transfer shall be wholly exempt from the
operation of this Section 18 for the purpose of such transfer only; provided, however, that any property
transferred pursuant to the exemption granted by this paragraph shall not be released from the restrictions
of this Section 18 as to any future transfer, and simultaneously with the acceptance of any such transfer,
the transferee thereof agrees to become and remain bound by the restrictions and terms of this Section 18.
Upon the expiration of the Lease, or any renewal term if applicable, Lessee shall have the
option to purchase the Premises from Landlord at its fair market value ("FMV"), which will be
determined by the parties. If the parties are unable to agree on the FMV, the parties will select appraisers
in accordance with the rules of the American Arbitration Association who will determine the FMV.
Written notice of the Lessee's exercise of this option must be delivered to Landlord before the expiration
of the Lease, or any renewal term if applicable, and closing shall occur within thirty (30) days after giving
of such notice.
19. ENVIRONMENTAL MATTERS: As used herein, the term "Hazardous Materials"
means (i) any "hazardous waste" as defined in the Resource Conservation and Recovery Act of 1976, as
amended from time to time, and the regulations promulgated there under; (ii) any "hazardous substance"
as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended from time to time, and regulations promulgated there under; (iii) any oil, petroleum products,
and their byproducts; and (iv) any substance that is or becomes regulated by any federal, state, or local
governmental authority.
Tenant shall defend, indemnify, and hold harmless Landlord and its agents, and employees
from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or
expenses (including, without limitation, attorneys' and consultants' fees, court costs, and litigation
expenses) of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in
any way related to (a) the presence, disposal, release, or threatened release of any such Hazardous
Material by Tenant; (b) any personal injury (including wrongful death) or property damage (real or
personal) arising out of or related to that Hazardous Material; (c) any lawsuit brought or threatened,
settlement reached, or government order relating to that Hazardous Material; or (d) any violation of any
laws applicable thereto. The provisions of this subparagraph hereof shall be in addition to any other
obligations and liabilities Tenant may have to Landlord at law or equity and shall survive the transactions
contemplated herein and shall survive the termination of this Lease.
Landlord agrees to include a "Notice of Residual Petroleum" within the deed for the
Premises and further agrees to comply with Lessee's request to execute the appropriate documents in the
event a petroleum release has occurred at the site. The Lessee will be responsible for all legal costs and
proceedings regarding this process.
20. DEFAULT: In the event Lessees shall default in the payment of the monthly rent as
provided herein, Lessors shall promptly so notify Lessees in writing, and failure of Lessees to cure such
default within ten (10) days after mailing of such notice shall, at the option of Lessor, work as a forfeiture
of this Lease, or may enforce performance in any manner provided by law, and Lessors' agent or attorney
shall have the right without further notice or demand to re-enter and remove all persons from Lessors'
property without prejudice to any remedies for arrears of rent or breach of covenant, or Lessors' agent or
attorney may resume possession of the property and relet the same for the remainder of the term at the
best rental such agent or attorney can obtain for the account of Lessees, who shall pay any deficiency. In
the event Lessees shall default in the performance of any of the terms or provisions of this Lease other
than the payment of monthly rent, Lessors shall promptly so notify Lessees in writing. If Lessees shall
fail to cure such default within twenty (20) days after receipt of such notice, or if the default is of such
character as to require more than twenty (20) days to cure and Lessees shall fail to commence to do so
within twenty (20) days after receipt of such notice and thereafter diligently proceed to cure such default,
then in either such event Lessors may cure such default and such expense shall be added to the rent
otherwise due but any such default shall not work as a forfeiture of this Lease.
In the event Lessors shall default in the performance of any of the terms or provisions of
this Lease, Lessees shall promptly so notify Lessors in writing. If Lessors shall fail to cure such default
within twenty (20) days after mailing of such notice or if the default is of such character as to require
more than twenty (20) days to cure and Lessors shall fail to commence to do so within twenty (20) days
after receipt of such notice and thereafter diligently proceed to cure such default, then, and in either such
event, Lessees may cure such default and such expense shall be deducted from the rent otherwise due, or
cancel and terminate this Lease.
21. NOTICES: All notices, demands, or other writings in this Lease provided to be given
or made or sent, or which may be given or made or sent, by either party hereto to the other, shall be
deemed to have been fully given or made or sent when made in writing and deposited in the United States
mail, registered and postage prepaid, and addressed as follows:
TO TENANT: WilcoHess, LLC
5446 University Parkway
Winston-Salem, NC 27105
Telephone: (336) 767-6280
Facsimile: (336) 767-6283
Attention: Sherry Polonsky
TO LANDLORD: Williams Family Heirs, LLC
PO Box 3435
Greenville, NC 27836
Telephone: (252) 3554610
Facsimile: (252) 355-3932
Attention: Edwin L. Clark, Jr.
The address to which any notice, demand, or other writing may be given or made or sent to
any party as above provided may be changed by written notice given by such party as above provided.
22. MISCELLANEOUS: This Lease and the Exhibits attached hereto, set forth the entire
agreement between parties concerning the Premises and no subsequent agreement, amendment, change or
addition to this Lease shall be binding upon either party unless reduced to writing and signed by each
party. The parties agree that each party and its counsel have had the opportunity to review and revise this
Lease and that any rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply in the interpretation of this Lease or any revisions or amendments or exhibits hereto.
This lease shall be governed by the laws of the State where the Premises are located. Headings of
Sections are for convenience only and shall not be considered in construing the meanings of the contents
of such Section. The invalidity of any portion of this lease shall not have any effect on the balance
hereof. This agreement supersedes and cancels ell prior negotiations between the parties. Landlord may
sell the real estate without affecting the obligations of tenant hereunder. This lease may not be recorded
without Landlord's prior written consent, but either party agrees on request of the other to execute a
memorandum hereof for recording purposes.
23. BINDING EFFECT: The covenants and conditions herein contained shall apply to
and bind the heirs, legal representatives and assigns of the parties hereto, and all covenants are to be
construed as conditions of this Lease.
Effective as of the 1st day of June, 2012.
LANDLORD:
Willi ily Heirs, LC�+�
Bye (SEAL)
Edwin L. Clark, Manager
TENANT:
WilcoHess, LLC
S '(SEAL)
Sh to ky, Senior resident, CFO
r� wlcoHess NC Leased Sites
' means added to the April 2, 2001 Master Lease with one of the two 9/30/14 Addenda
means originally (and still is) part of the April 2, 2001 Master Lease
means part of the June 22, 2005 Master Lease (Walter Williams)
means transferred from Walter Williams to Williams Family Hein LLC [looks like new leases were entered into rather than assignments]
means assigned from Walter Williams to Williams Family Heirs LLC per the 12/31/10 Assignment of Leases
means part of the June 22, 2005 Master Lease (Marie Williams)
means transferred from Marie Williams to Williams Family Heirs LLC (looks like new leases were entered into rather than assignments)
means assigned from Marie Williams to Williams Family Heirs LLC per the 12/31/10 Assignment of Leases
means assigned from Williams Family Heirs LLC to Trade Land Company LLC per the 12/1/14 Assignment of Leases
means assigned from Trade Oil Company, Inc. to Trade Land Company LLC per the 12/1/14 Assignment of Leases
means assigned from DTF, LLC to Trade Land Company LLC per the 12/1/14 Assignment of Lease
means non -Williams family/affiliate Landlord
No highlight means the site has its own site and master lease
Store # Speedway #
Ownership Type
Address
City
State
Zip
00101
CO -Op (Op Lease)
1425 Silas Creek Parkway
Winston-Salem
NC
27127-3759
00102
Co -Op (Op Lease)
546 E. Sprague Street
Winston-Salem
NC
27107
00104
Co -Op (Op Lease)
5434 University Parkway
Winston-Salem
NC
27105
00105
Co -Op (Op Lease)
653 Akron Drive
Winston-Salem
NC
27105
00107
Co -Op (Op Lease)
3715 Peters Creek Parkway
Winston-Salem
NC
27127
00110
Co -Op (Op Lease)
3600 S. Main Street
Winston-Salem
NC
27127-6041
0011Z
CO-OP (Op Lease)
566 Old Hollow Road
Winston-Salem
NC
.27105
00114
Co -Op (Op Lease)
6205 University Parkway
Winston-Salem
NC
27105
00115
Co -Op (Op Lease)
2700 University Parkway
Winston-Salem
NC
27105
00118
Co -Op (Op Lease)
3396 Robinhood Rd.
Winston-Salem
NC
27106
00120
Co -Op (Op Lease)
2405 Lewisville-Clemmons Rd.
Clemmons
NC
27012-8708
00121
Co -Op (Op Lease)
1200 N. Bridge Street
Elkin
NC
28621
00126 6942
Co -Op (Op Lease)
826 South Main Street
Kernersvllle
NC
27284
00127
CO -Op (Op Lease)
1485 Hwy 66
Kernersville
NC
27284
00133 6945
Co -Op (Op Lease)
1648 Nc Hwy 67
Jonesville
NC
28642
00135
Co -Op (Op Lease)
5140 Nc 89 Hwy. East
Walnut Cove
NC
27052
00138
Co -Op (Op Lease)
818 South Key Street
Pilot Mountain
NC
27041
00141
Co -Op (Op Lease)
1012 Rockford Street
Mount Airy
NC
27030
00143 6 550
Co -Op (Op Lease)
840 W. Pine St.
Mt. Airy
NC
27030-3437
00146
Co -Op (Op Lease)
912 East Atkins St.
Dobson
NC
27017
00154 _
Co -Op (Op Lease)
3030 N. Main Street
High Point
NC
27265-1939
00168 6956
Co -Op (Op Lease)
1105 Mebane Oaks Rd.
Mebane
NC
27302
00175
Co -Op (Op Lease)
653 E. Webb Street
Burlington
NC
27217-5969
00181 6963
Co -Op (Op Lease)
1308 West 15Th Street
Washington
NC
27889
RECRIYED Ok 6 g 2019
s
store p Speedway Ownership7
00182
6964
Co -Op (Op Lease)
00183
6965
Co -Op (Op Lease)
00184
6966
Co -Op (Op Lease)
00186
Co -Op (Op Lease)
00187
Co -Op (Op Lease)
00188
Co -Op (Op Lease)
W19S
Co-op (Op Lease)
0 1197
Co -Op (Op Lease)
00201
Co -Op (Op Lease)
00202
6975
Co -Op (Op Lease)
00204
6977
Co-op (Op Lease)
00207
6980
Co-op (Op Lease)
00208
6981
Co -Op (Op Lease)
00216
Co -Op (Op Lease)
00219
6991
Co -Op (Op Lease)
1 0 25Z6999
Co-Op (Op Lease)
Co -Op (Op Lease)
(OpLease)
7--
Co -Op (Op Lease)
Co -Op (Op Lease)
00233Co-Op
7904
Co -Op (Op Lease)
00235
7905
Co -Op (Op Lease)
00236
7906
Co -Op (Op Lease)
00239
7908
Co -Op (Op Lease)
00245
Co -Op (Op Lease)
W251
Co -Op (Op Lease)
00264
7915
Co -Op (Op Lease)
00276 ®
Co -Op (Op Lease)
00278
Co -Op (Op Lease)
00280
7920
Co -Op (Op Lease)
W281
_
_
7921
Co -Op (Op Lease)
W283
Co -Op (Op Lease)
00288
7925
Co -Op (Op Lease)
00296
7930
Co-op (Op Lease)
j 00299
Co -Op (Op Lease)
00304
Co -Op (Op Lease)
00306
Co -Op (Op Lease)
00312
7941
Co-op (Op Lease)
00315
7942
CO -Op (Op Lease)
00318 - Co -Op (Op Lease)
Address
303 North Highway 125
800 East Boulevard
1109 Us Highway 64 East
501 West Main St. .
835 West Main St.
1000 East Memorial Drive
1400 S. Miami Blvd
13960 Capital Blvd.
1213 Martin Luther King Jr. Blvd.
1741 Trawick Road
130 West Main St.
3950 Ward Blvd
1493 North Wesleyan Blvd.
11693 Us 70 West
110 West Martin Luther King Jr. Blvd.
2574 W. Nc Hwy 24
4560 Raeford Road
3706 Raeford Road
701 Second Street
422 Aberdeen Rd.
1602 2Nd St.
370 Nc Hwy 43
5706 Highway 41
400 Arendell,St. _
1523 N Nc Hwy 16
1844 Highway 421-8
301 E. Macon St.
5427 Us Hwy. 158
1508 Yadkinville Rd.
9
Oak City
Wllliamston
Plymouth
Murfreesboro
Belhaven
Ahoskie
Durham
Wake Forest
Chapel Hill
Raleigh
Youngsville
Wilson
Rocky Mount
Clayton
Roseboro
Warsaw
Fayetteville
Fayetteville
N. Wilkesboro
Raeford
North Wilkesboro
Vanceboro
Wallace
Morehead City
Denver
Wilkesboro
Warrenton
Advance
Mocksville
Blowing Rock
State
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
2702 Hwy 10S
Boone
NC
__
159 Old E. King St.
Boone
NC
10656 Nc Hwy 105 South
Banner Elk
NC
1126 North Main Street
Ullington
NC
338 N. Mckinley St.
Coats
NC
3800 Lawndale Dr.
Greensboro
NC
514 Gallimore Dairy Rd.
Greensboro
NC
3462 Richlands Rd.
Jacksonville
NC
534 North Fayetteville Street
Asheboro
NC
809 West Corbett Avenue
Swansboro
NC
Zip
27857
27892
27962
27855
27810
27910
27703
27587
27514
27604
27596
27893
27804
27520
28382
28399
28304
28304
28659
28376
28659
28586
28466
28557
28037
28697
27589-2021
27006
27028
28605
_ __ _ _
28607: No highlight - Sodalis Property / Master Lease
28607
28604
27546
27521
2745S
27409
28540
27203
28584
Store#
Speedway#
Ownership Tyne.
Address
city
State
Zip
00320
7946
Co -Op (Op Lease)
4275 Hwy. 24
Newport
NC
28570
7954
Co -Op (Op Lease)
7401 Richlands Hwy.
Richlands
NC
28574
00331
Co -Op (Op Lease)
1305 Northwest Blvd.
Newton
NC
28658
00333
7956
Co -Op (Op Lease)
107 South Wilson St., (P.O. Box 666)
Fremont
NC
27830
7958
Co -Op (Op Lease)
170 West 3Rd. St.
Ayden
NC
28513
00339
Co -Op (Op Lease)
3950 Hickory Blvd.
Granite Falls
NC
28630
0 3340
1
Co -Op (Op Lease)
2205 S.Sterling St.
Morganton
NC
28655
00341
Co -Op (Op Lease)
2418 Springs Road Ne
Hickory
NC
28603
00342
7964
Co -Op (Op Lease)
900 West Union St.
Morganton
NC
28655
7961
Co -Op (Op Lease)
140 Us 321 Nw
Hickory
NC
28603
00345
Co -Op (Op Lease)
Fit 8, Box 117, 3131 Hwy 127 South
Hickory
NC
28602
00347
Co -Op (Op Lease)
4431 N. Center Street
Hickory
NC
28601
00348
Co -Op (Op Lease)
1269 Highway 70 Sw
Hickory
NC
28602
W349
Co -Op (Op Lease)
122 Turnersburg Highway
Statesville
NC
28625-2890
00354
Co -Op (Op Lease)
3410 South Main St.
Salisbury
NC
28147
00359
Co -Op (Op Lease)
152 East Plaza Drive
Mooresville
NC
28115
00363
Co -Op (Op Lease)
827 W. Jake Alexander Blvd.
Salisbury
NC
28147-2201
00365
Co -Op (Op Lease)
2401 S. Cannon Blvd.
Kannapolis
NC
28083-6909
00367
7986
Co -Op (Op Lease)
500 East Innes Street
Salisbury
NC
28144
00368
Co -Op (Op Lease)
475 Us Hwy 29 N Concord Pkwy
Concord
NC
28027-6736
W370
Co -Op (Op Lease)
541 Warren C. Coleman Blvd.
Concord
NC
28025
00373
Co -Op (Op Lease)
10207 N. Tryon Street
Charlotte
NC
28262
00378
Co -Op (Op Lease)
2500 W. Franklin Blvd.
Gastonia
NC
28052
00379
Co -Op (Op Lease)
3590 E. Franklin Blvd.
Gastonia
NC
28056-6297
00380
Co -Op (Op Lease)
1702 N. First Street
Albemarle
NC
28001
001392
Co -Op (Op Lease)
641 Hwy 24 & 27 East
Albemarle
NC
28001
00383
Co -Op (Op Lease)
2700 Chamber Drive, Hwy 74
Monroe
NC
28110
00384
Co -Op (Op Lease)
6325 West Marshville Blvd.
Marshville
NC
28103
8180
Co -Op (Op Lease)
1425 South Main Street
Laurinburg
NC
28352
W388
Co -Op (Op Lease)
454 Western Blvd.
Jacksonville
NC
28546
00389
Co -Op (Op Lease)
6995 Western Blvd.
Jacksonville
NC
28546
00390
8183
Co -Op (Op lease)
502 West Greenville Blvd.
Greenville
NC
27858
OD391
Co -Op (Op Lease)
7413 Market St.
Wilmington
NC
28411-945440
OD392
Co -Op (Op Lease)
5701 Oleander Drive
Wilmington
NC
283
00393
Co -Op (Op Lease)
6769 Gordon Rd
Wilmington
NC
28411
00395
Co -Op (Op Lease)
6234 Carolina Beach Rd.
Wilmington
NC
28412
00399
Co -Op (Op Lease)
1822 N. Croatan Hwy
Kill Devil Hills
NC
27948
_01122
Co -Op (Op Lease)
2026 S. Hawthorne Road
Winston-Salem
NC
27103
01131
Co -Op (Op Lease)
4301 Styers Ferry Rd.
Winston-Salem
NC
27104
01132
Co -Op (Op Lease)
3598 yadkinville Rd.
Winston-Salem
NC
27106
Store #
Speedway #
Ownershlp Type
Address
9&
State
Zip
01801
8204
Co-op (Op Lease)
1601 Southeast Greenville Blvd
Greenville
NC
27858
8205
Co -Op (Op Lease)
1308 Pamalee Drive
Fayetteville
NC
28303-3868
01504
8206
Co-op (Op Lease)
2103 5 Bright Leaf Blvd.
Smithfield
NC
27577-8344
01805
8207
Co -Op (Op Lease)
19 Cotton Grove Rd.
Lexington
NC
27292-3803
F018061
8208
Co -Op (Op Lease)
500 North Greene St.
Greenville
NC
27834
8209 -
Co-op (Op Lease)
600 West 15Th Street
Washington
NC
27889
01809
8210
Co -Op (Op Lease)
1608 Us Highway 258 S
Kinston
NC
28504-6771
01811
8211
Co-op (Op Lease]
1602 Martin L. King Jr Pkwy Se
Wilson
NC
27893-6525
01812
8212
Co-op (Op Lease)
305 West Blvd
Williamston
NC
27892-2145
01813
8213
Co-op (Op Lease)
1211 Ward Blvd
Wilson
NC
27893-1933
01814
8214
Co -Op (Op Lease)
3314 Neuse Blvd
New Bern
NC
28560-4110
01815
8215
Co -Op (Op Lease)
3805 Charles Blvd
Greenville
NC
27858 Lease Buyout March 2016
.MAO
8216
Co -Op (Op Lease)
929 5 Garnette St.
Henderson
NC
27536-4514
Df82p.:
8218
Co -Op (Op Lease)
112 5 Bickette Blvd
Louisburg
NC
27549-2671
01818
8219
Co -Op (Op Lease)
431 West Queen Street
Grifton
NC
28530
01819
8220
Co -Op (Op Lease)
138 Third Street
Ayden
NC
28513
01820
8221
Co-op (Op Lease)
715 S. Memorial Drive
Greenville
NC
27834
01821
8222
Co -Op (Op Lease)
429 E Grantham St.
New Bern
NC
28560-6881
01822
8223
Co -Op (Op Lease)
520 Main St. West
Ahoskie
NC
27910-3324
01823
8224
Co -Op (Op Lease)
604 E Main St.
Murfreesboro
NC
27855-1333
01824
8225
Co -Op (Op Lease)
605 East Blvd
Williamston
NC
27892-2735
01825
8226
Co -Op (Op Lease)
830 New Bridge St.
Jacksonville
NC
28540-5437
8227
Co -Op (Op Lease)
204 North Main Street
Kenansville
NC
28349-1026
8228
8229
8230
Co -Op (Op Lease)
Co -Op (Op Lease)
Co -Op (Op Lease)
1545 Nc Highway 56
3800 W Vernon Ave
400 E Ash St.
Creedmoor
Kinston
Goldsboro
NC
NC
NC
27522-8296
28504-3252
27530-3710
01821
01829
0100
8231
Co -Op (Op Lease)
620 W Firetower Rd
Winterville
NC
28590
01831
8232
Co -Op (Op Lease)
(Mail:Po Box 1256), 24 S. Raleigh St.
Angler
NC
27501
01832
8243
Co -Op (Op Lease)
1129 N Road St.
Elizabeth City
NC
27909-3334
01833
8244
Co -Op (Op Lease)
124 Nc Highway 55 West
Mount Olive
NC
28365-1110
01834
8245
Co -Op (Op Lease)
8005 Church St.
Hertford
NC
27944-1211
Fon-83sl
8246
Co -Op (Op Lease)
334 E Main St.
Havelock
NC
28532-2214
01836
8262
Co -Op (Op Lease)
10816 Nc Highway 55 East
Grantsboro
NC
28529-9439
01837
8263
Co-op (Op Lease)
708 or Martin Luther King Blvd.
Kinston
NC
28501-4522
®
8264
Co-op (Op Lease)
1122 East Raleigh Blvd.
Rocky Mount
NC
27801
01840
8265
Co -Op (Op Lease)
3202 East Tenth St
Greenville
NC
27858
01841
8266
Co -Op (Op Lease)
4000 Dickinson Ave
Greenville
NC
27834
®
8268
CO-OP (Op Lease)
6655 Hwy70
Newport
NC
28570-3729
01843 8271 Co-op (Op Lease) 1800 Live Oak St Beaufort NC 28516
01844 8272 Co-op (Op Lease) 114 S. Jackson Street, (P.O. Box 305) Beulaville NC 28518-0305
Store #
Speedway #
Ownership Type
Address
gtt t
State Zip
8273
Co -Op (Op Lease)
1345 John Small Ave
Washington
NC
27889-3842
01846
8274
Co -Op (Op Lease)
525 D Street, P.O. Box 99
Bridgeton
NC
28519
01847
8275
Co -Op (Op Lease)
4100 Dr M L King Jr Blvd
New Bern
NC
28562-2233
01848
8276
Co -Op (Op Lease)
2131 Forest Hills Rd W.
Wilson
NC
27893-3499
01850
8278
Co -Op (Op Lease)
_
2532 W STh St
Washington
NC
27889-9077
01851
8280
Co -Op (Op Lease)
202 Us 64 Highway & 264, P.O. Box 206
Manteo
NC
27954
01852
8281
Co -Op (Op Lease)
821 Linden Ave
Oxford
NC
27565-3655
01853
8282
Co -Op (Op Lease)
1915 S Glenbumie Rd
New Bern
NC
28562-5225
01854
8283
Co -Op (Op Lease)
4985 Old Tar Road
Winterville
NC
28590
01855
8284
Co -Op (Op Lease)
420 E New Hope Rd
Goldsboro
NC
27534-7646
01856
8285
Co -Op (Op Lease)
8491 E. Marlboro Road
Farmville
NC
27828
F-078571
8286
Co -Op (Op Lease)
105 E Water Street
Windsor
NC
27983
t�Q8S6
8287
Co -Op (Op Lease)
1110 N. Memorial Or
Greenville
NC
27834
01859
8288
Co -Op (Op Lease)
2025 Us Highway 64 W
Plymouth
NC
27962-8833
01860
8289
Co -Op (Op Lease)
149S Burgaw Hwy
Jacksonville
NC
28540-3249
01861
8290
Co -Op (Op Lease)
206 N. Sycamore
Rose Hill
NC
28458-0696
01862
8291
Co -Op (Op Lease)
100 Broad St
Fuquay Varina
NC
27526-1602
01863
8292
Co -Op (Op Lease)
34S8 Us 1 Hwy
Franklinton
NC
27525-8435
01864
8293
Co -Op (Op Lease)
612 Sw Greenville Blvd
Greenville
NC
27834
01865
8294
Co -Op (Op Lease)
550 Us Highway 264 Byp
Belhaven
NC
27810-1297
01866
8295
Co -Op (Op Lease)
101 W Washington St.
La Grange
NC
28551-1721
01867
8296
Co -Op (Op Lease)
1120 Us Hwy 17 S.
Elizabeth City
NC
27909-7631
01868-
8297
Co -Op (Op Lease)
2901 Us Highway 17 S.
Chocowinity
NC
27817-8928
01869
8298
Co -Op (Op Lease)
1660 Nc Hwy 11 / 55 South
Kinston
NC
28504-4753
01870
8299
Co -Op (Op Lease)
291 Nc Hwy 42 East
Clayton
NC
27520-9294
01871
8653
Co -Op (Op Lease)
1102 Kingold Blvd.
Snow Hill
NC
28580-1619
01872
8654
Co -Op (Op Lease)
5068 Nc Hwy 33 East
Greenville
NC
27858
01873
8655
Co -Op (Op Lease)
213 E Jefferson St.
Jackson
NC
27845-9500
01874
8656
Co -Op (Op Lease)
207 N Jk Powell Blvd.
Whiteville
NC
29472-3125
01875
8657
Co -Op (Op Lease)
1974 Nc Hwy 172
Sneads Ferry
NC
28460
01876
8658
Co -Op (Op Lease)
111 North Main Street
Tarboro
NC
27886-5207
01877
8659
Co -Op (Op Lease)
400 Us Highway 17 North
Holly Ridge
NC
28445-7830
01878
8660
Co -Op (Op Lease)
2550 West 10Th Street
Roanoke Rapids
NC
27870-9293
01879
8661
Co -Op (Op Lease)
3519 Hwy 43 N.
Greenville
NC
27834-6143
01880
8662
Co -Op (Op Lease)
4901 Hwy S8 North
Wilson
NC
27896-7934
01883
8663
Co -Op (Op Lease)
2256 North Main Street
Tarboro
NC
27886
01884
8664
Co -Op (Op Lease)
1205 West Church Street
Laurinburg
NC
28352
01885
8665
Co -Op (Op Lease)
1212 Bethlehem Rd.
Rocky Mount
NC
27803
01886
8666
Co -Op (Op Lease)
1703 W. STh Street
Lumberton
NC
28358
01887
8667
CO -Op (Op Lease)
3550 Sunset Avenue
Rocky Mount
NC
27804
Store#
Speedway #
Ownership Type
Address
CV
state
01988
8668
Co -Op (Op Lease)
630 Us Hwy 64 East _
Plymouth
NC
01889
8669
Co -Op (Op Lease)
1640 N. Garnett St.
Henderson
NC
01890
8671
Co -Op (Op Lease)
304 Washington Street
Williamston
NC
01891
8672
Co -Op (Op Lease)
3000 S. Memorial Dr.
Greenville
NC
01892
8673
Co -Op (Op Lease)
1760 Us Hwy 5
Aberdeen
NC
01894
8674
Co -Op (Op Lease)
728 W. Hamlet Avenue
Hamlet
NC
01901
8675
CO-OP (Op Lease)
4221 S. Hathaway Blvd., (P.O. Box 93)
Sharpsburg
NC
01902
8676
Co -Op (Op Lease)
115 Us Hwy 1 South Rrl
Norlina
NC
01903
8677
Co -Op (Op Lease)
3778 Hwy. 15-501
Carthage
NC
®
8678
Co -Op (Op Lease)
8060 Us Hwy 70 W
Clayton
NC
01905
8679
Co -Op (Op Lease)
425 Main Street
Bunn
NC
01906
8680
Co -Op (Op Lease)
883 Us Hwy 64 E
Columbia
NC
8681
Co -Op (Op Lease)
2001 S. Madison St
Whiteville
NC
01908
8682
Co -Op (Op Lease)
6127 Us 301 S.
Four Oaks
NC
01909
8683
Co -Op (Op Lease)
109 W. Academy St.
Robersonville
NC
01910
8684
Co -Op (Op Lease)
113 S. Mcdaniels Street
Enfield
NC
520W
Wendy's
Plymouth
NC
Office Bldg
3602 Hwy 264 East
Greenville
NC
Wendy's
Pilot Mountain
NC
529
809 West Corbett Avenue
Swansbaro
NC
_155
3030 North Main Street
High Paint
NC
zio
27962
27536
27892
27834
28315
28345
27878
27563
28327-9785
27520
27508
27925
28472
27524
27871
27823
27834
28584
27260
WAY
ROBINSON
V
497678
Wells Fargo Bank, N.A.
ATTORNEYSAT
LAW
"W
P088 .O. Box
ORLANDO,'FLORIDA 32802
63-751
407-843-8880
Date:
March 7, 2019
PAY:, ,,No . rth,Carolina D6partment of Environmental , ,
TO THE 2i7 West Jones58treet
oROER 'Raleigh, NC 27603
OF
`505.00...
. .. ... ....
P1,
Quality
GRAY ROBINSON
OPERATING ACCOUNT
VOID AFTER 90DAYS
I'm 00t.9 767BIl' I:063 LO?S Ill: 2 G 9 9 1. 0 0 2 0 5 1. ? 11. Ill
Payee: North Carolina Department of Environmental Quali
VendorlD: 024470
Invoice Num Invoice Date Reference
8273TRANSFER Mar 06119 1149
Totals:
Check #: . 497678
Check Date: Mar 07/19
Client.Matter Invoice Amount Discount Taken Payment Amt
348486.15 505.00 0.00 505.00
$505.00
R'C-EIVFD 400
$0.00
$505.00
Page S of 9
Stormwater Permit No. SW7970519
Wet Pond System
WilcoHess Store # 1845
Beaufort County
Designer's Certification
I, � AIO L; , as a duly registered
in the State of North Carolina, having been
autho ized to observe ( ri�dicaW weekly/ full time) the construction of the
project,
for Ui 1 la err LLG (Project Owner) hereby state that,
to the best of my abilities, due care and diligence was used in the observation of
the project construction such that the construction was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Note: The checklist on the following page must be included with this
Certification. Any changes or deviations from the approved plans and
specifications must be explained in detail, and may require a permit modification.
The certification forms should be submitted to the Division of Water Quality at the
appropriate Regional office.
SEAL
Page 9 of 9
Complete this checklist for each system and include with
Certification:
✓1. The drainage area to the system contains approximately the
permitted acreage.
✓ 2. The drainage area to the system contains no more than the
permitted amount of buik-upon area.
✓ 3. All the built -upon area associated with the project is graded such
that the runoff drains to the system.
✓ 4. All roof drains are located such that the runoff is directed Into the
system.
✓ The bypass structure elevations are per the approved plan.
✓ 6. The bypass structure is located per the approved plans.
✓ 7. A Trash Rack is provided on the outlet/bypass structure.
�B• All slopes are grassed with permanent vegetation.
�9. Vegetated slopes are no steeper than 3:1.
✓10. The inlets are located per the approved plans and do not cause
short-circuiting of the system.
'Xi 1. The permitted amounts of surface area and/or volume have been
provided.
12. All required design depths are provided.
All required parts of the system are provided.
14. The required system dimensions are provided per the approved
plans.
i � wo:Rd
w rm
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen K Sullins Dee Freeman
Governor Director Secretary
March 10, 2011
or✓nerS�P eltCenrj4d
WilcoHess LLC 5,,�7 97oS/9
Attn: Mr. Walter L. Williams Sce
3602 US264 East
Greenville, NC 27858
Modification for
Subject: Stormwater Permit No.SW7970519
WilcoHess Store # 1845
High Density Stormwater Project
Beaufort County
Dear Mr. Williams:
The Washington Regional Office received your request to modify your
stormwater permit for the subject site on March 3, 2011. Staff review of the plans
and specifications has determined that the subject protect will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW7970519 dated March 10, 2011 for the subject project.
This permit replaces all previous stormwater permits for this site, and shall be
effective from the date of issuance until March 10, 2021, and shall be subject to
the conditions and limitations as specified therein. Please pay special attention
to the Operation and Maintenance requirements in this permit and in the
submitted application. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future
compliance problems.
If any parts, requirements, or limitations contained in this permit are
unacceptable, you have the right to request an adjudicatory hearing upon written
request within thirty (30) days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150E of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings,
P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made
this permit shall be final and binding.
North Carolina Division of Water Quality Internet: www.ncwateruualitv.ore
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer— 50%Recycled110%Post Consumer Paper
NorthCarolina
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Page 2 of 9
WilcoHess, LLC
March 10, 2011
Page Two
If you have any questions, or need additional information concerning this matter,
please contact either Bill Moore, or me at (252) 946-6481.
Si cere ,
Al Hodge
Regional Supervisor
Surface Water Protection Section
cc: Mr. Steve Janowski, PE
Baldwin Design Consultants, Greenville, NC
ity of Washington Planning/Inspections
Vvvashington Regional Office
Page 3 of 9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes
of North Carolina as amended, and other applicable Laws, Rules, and
Regulations
PERMISSION IS HEREBY GRANTED TO
WilcoHess, LLC
Mr. Walter L. Williams
Beaufort County
FOR THE
construction, operation and maintenance of a wet detention pond system in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as
the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and
approved by the Division of Water Quality and considered a part of this permit for
the WilcoHess Store # 1845 located off US264 at Washington, NC.
This permit replaces all previous stormwater permits for this site, and shall be
effective from the date of issuance until March 10, 2021, and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of
stormwater described in the application and other supporting data.
2. This stormwater system has been approved for the management of
stormwater runoff as described in Section 1.6 on page 4 of this permit. The
stormwater controls have been designed to handle the runoff from 39,262
sf of impervious area.
All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the
project will be recorded showing all such required easements, in
accordance with the approved plans and permit.
I
Page 4 or 9
4. The tract will be limited to the amount of built -upon area indicated on page
4 of this permit, and per approved plans. The runoff from all built -upon
area within the permitted drainage areas of this project must be directed
into the permitted stormwater control system.
5. The following design criteria have been provided for the infiltration basins
and must be maintained at design condition:
a. Total Site Area:
1.382 acres
Total On -site Impervious Area:
0.781 acres
Total Off -site Impervious Area:
0.121 acres
b. Design Storm:
1.0 - inch
C. TSS removal efficiency:
85 %
d. Required Surface Area:
2507 sf
e. Provided Surface Area:
3276 sf
(@ perm. pool elev 23.0)
f. Required Storage Volume:
3195 cf
(based on 1.0-inch)
g. Provided Storage:
7835 cf
h Small Diameter Orifice:
1.0-inch
j. Receiving Stream:
UT -Runyon Creek
k. Classification of Water Body:
CNSW
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of
any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded
areas of the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at
optimum efficiency. The approved Operation and Maintenance Plans
must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
Page 5 of 9
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of bypass structure, filter media,
flow spreader, catch basins, piping and vegetated filter.
g. A clear access path to the bypass structure must be available at all
times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the
date, activity, name of person performing the work and what actions were
taken.
5. The facilities shall be constructed as shown on the approved plans. This
permit shall become voidable unless the facilities are constructed in
accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of
Occupancy, and prior to operation of this permitted facility, a certification
must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be
required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must
be restored to design condition prior to operation as a stormwater
treatment device, and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. The permittee shall submit to the Director and shall have received
approval for revised plans, specifications, and calculations prior to
construction, for any modification to the approved plans, including, but not
limited to, those listed below:
a. Any revision to any item shown on the approved plans, including
the stormwater management measures, built -upon area, details,
etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or
to the drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the
project area. The project area is defined as all property owned by
the permittee, for which Sedimentation and Erosion Control Plan
approval or a CAMA Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on
the approved plan.
10. The permittee shall submit final site layout and grading plans for any
permitted future areas shown on the approved plans, prior to construction.
Page 6 of 9
11. A copy of the approved plans and specifications shall be maintained on
file by the Permittee at all times.
12. The Director may notify the permittee when the permitted site does not
meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum
requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
13. This permit shall be effective from the date of issuance until March 10,
2021. Application for permit renewal shall be submitted 180 days prior to
the expiration date of this permit and must be accompanied by the
processing fee.
Ill. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the
Director. In the event of a change of ownership, or a name change, the
permittee must submit a formal permit transfer request to the Division of
Water Quality, accompanied by a completed name/ownership change
form, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be
considered on its merits and may or may not be approved. The permittee
is responsible for compliance with all permit conditions until such time as
the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit
may subject the Permittee to enforcement action by the Division of Water
Quality, in accordance with North Carolina General Statute 143-215.6A to
143-215.6C.
3. The issuance of this permit does not preclude the Permittee from
complying with any and all statutes, rules, regulations, or ordinances,
which may be imposed by other government agencies (local, state, and
federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate
corrective action, including those as may be required by this Division, such
as the construction of additional or replacement stormwater management
systems.
The permittee grants DENR Staff permission to enter the property during
normal business hours for the purpose of inspecting all components of the
permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for
cause. The filing of a request for a permit modification, revocation and
reissuance or termination does not stay any permit condition.
Page 7 of 9
7. Unless specified elsewhere, permanent seeding requirements for the
stormwater control must follow the guidelines established in the North
Carolina Erosion and Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of the permit. A copy of the approved
plans and specifications shall be maintained on file by the Permittee for
the life of the project.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 10th day of March, 2011.
NA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7970519
Page 8 of 9 f
Stormwater Permit No. SW7970519
Wet Pond System
WilcoHess Store # 1845
Beaufort County
Designer's Certification
I, as a duly registered
in the State of North Carolina, having been
authorized to observe (periodically/ weekly/ full time) the construction of the
project,
(Project)
for (Project Owner) hereby state that,
to the best of my abilities, due care and diligence was used in the observation of
the project construction such that the construction was observed to be built within
substantial compliance and intent of the approved plans and specifications.
Note: The checklist on the following page must be included with this
Certification. Any changes or deviations from the approved plans and
specifications must be explained in detail, and may require a permit modification.
The certification forms should be submitted to the Division of Water Quality at the
appropriate Regional office.
SEAL
Signature
Registration Number
Date
Page 9 of 9
Complete this checklist for each system and include with
Certification:
1. The drainage area to the system contains approximately the
permitted acreage.
2. The drainage area to the system contains no more than the
permitted amount of built -upon area.
3. All the built -upon area associated with the project is graded such
that the runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the
system.
5. The bypass structure elevations are per the approved plan.
6. The bypass structure is located per the approved plans.
7. A Trash Rack is provided on the outlet/bypass structure.
8.. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause
short-circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved
plans.