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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 ec: _dantuono anspeedwav com na North Carolina Department of Fnvironmenlal Quality 1 Div lion of Energy, Mineral and Land Resou, ,,, Washington Regional office; 943 Washington Square blall K'ashington,; u� MMwN �IFnNen�y WMry 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 Naturally 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.