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HomeMy WebLinkAboutSW8090629_HISTORICAL FILE_20100406STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0 q OlD q DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS Ll HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 0 I U O 4 O�D YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor April 6, 2010 Claude F. Smith Jr., President Fare Enterprises of Rockingham, Inc. 1800 Rockingham Rd, Suite 36 Rockingham, NC 28379 Division of Water Quality Colleen H. Sullins Director Subject: Stormwater Management Permit No. SW8 090629 Walgreen's of Southport (Store # 2530) Project served by an Offsite System Permit No. SW8 990435 Mod Brunswick County Dear Mr. Smith: Dee Freeman Secretary The Wilmington Regional Office received a Stormwater Management Permit Application for Walgreen's of Southport (Store #2530) on March 10, 2010 with additional information submitted on March 26, 2010. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2008-211. We are forwarding Permit No. SW8 090629 dated April 6, 2010, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. 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: If you have any questions, or need additional information concerning this matter, please contact either M.J. Naugle or me at (910) 796-7215. Si cerely, `�Yeorget Scott y Stormwater Supervisor Division of Water Quality GDS/mjn: S:\WQS\STORMWATER\PERMIT\090629 apr10 cc: Comer Lyons, PE, Cape Fear Engineering, 910-383-1044/ fax 1045 Brunswick County Building Inspections Jeff Phillips, Brunswick County Engineering W. Layne Adams — Retail Facilities Management, Permittee SW8 990435 Mod Lowe's Home Centers Inc. 1605 Curtis Bridge Road Wilkesboro, NC 28697 Wilmington Regional Office Stormwater File Central Files, M.J. Naugle Wilmington Regional O(fioe 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1-877-623-6748 NorthCaroltna Internet: w .ncwalerqualiry.org Naturally An Equal Opportunity l Affrmative Action Employer ��/!4 State Stormwater Management Systems Permit Number SW8 090629 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF -SITE STORMWATER CONTROL 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 Claude F. Smith Jr. and Fare Enterprises of Rockingham, Inc. Walgreen's of Southport (Store # 2530) 5090 Southport — Supply Road, Southport, Brunswick County FOR THE Construction of impervious areas with runoff to be treated in an offsite permitted stormwater facility, in compliance with the provisions of Title 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter collectively referred to as the "stormwater rules') and the approved stormwater management plans, application, supplement, 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. The stormwater runoff from the site will be routed to the offsite system — wet pond; operated and maintained by the offsite permittee, W. Layne Adams and Lowe's Home Centers Inc., under the terms and conditions set forth in the latest version of Permit No. SW8 990435 Modification. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS The runoff associated with this project has been approved to be discharged into a stormwater management system permitted under the latest version of SW8 990435 Modification. 2. The built -upon area allocated to this development by Stormwater Management Permit No. SW8 990435 Modification is 60,000 square feet. This project proposes 58,308 square feet. The amount available for future development is 1,692 square feet. 3. All stormwater collection and treatment systems must be located in public rights -of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. 4. The runoff from the permitted built -upon area of this project must be directed into the permitted stormwater system. Page 2 of 5 State Stormwater Management Systems Permit Number SW8 090629 II. SCHEDULE OF COMPLIANCE This permit is issued contingent on the construction of the permitted offsite stormwater treatment facility being complete and in compliance with the conditions of permit number SW8990435 Modification, issued to the offsite permittee, W. Layne Adams and Lowe's Home Centers Inc., on April 6, 2010, and as subsequently revised, modified, or renewed. Prior to the construction of any built -upon area associated with this permit, the offsite permittee shall have recorded the appropriate deed restrictions, and constructed, -operated, maintained, and certified the offsite stormwater management system in compliance with SW8 990435 Modification. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee is responsible for keeping the stormwater collection system within the lot property boundaries clear of trash, debris and sediment, and must control the sediment on the lot in accordance with the requirements of the NC Erosion and Sediment Control Design Manual. The following maintenance for the lot and its stormwater collection system shall be performed as indicated: a. Semiannual scheduled inspections (every 6 months). b. Sediment and trash removal as necessary. C. Vegetate the stormwater conveyance swales and the non -paved areas of the lot. d. Immediate repair and stabilization of any eroded areas on the lot. e. Repair or replacement of swales, catch basins and piping as necessary to capture the lot's runoff and maintain adequate drainage to the BMP. 4. 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 the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign of, or addition to the maximum approved amount of built -upon area. e. Further development, subdivision, acquisition or sale of any, all or part of the project area covered by this permit. f. Filling in, altering, piping, rerouting or resizing of any component of the approved stormwater conveyance/collection system shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. A plan revision with layout and grading plans must be submitted to and approved by the Division prior to the construction of any future development areas on the lot. 7. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans, application, supplement, calculations, specifications, and other supporting data. 8. This lot is limited to the amount of built -upon area indicated in the supporting calculations and per the approved plans. The project must have a built -upon area less than or equal to the amount permitted under Stormwater Permit No. SW8 990435 Modification. A total built -upon area in excess of the maximum amount allowed by SW8 990435 Modification will require a modification to SW8 990435 Modification as well as this permit. Page 3 of 5 State Stormwater Management Systems Permit Number SW8 090629 9. 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. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the owner or of the project, or a mailing address change, a completed and signed Name/Ownership Change form must be submitted to the Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all terms and conditions of this permit until such time as the Director approves the permit transfer. Neither the sale of the project nor the conveyance of common area to a third party should be considered as an approved transfer of the permit. 3. 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. 4. This permit is effective only with respect to the nature and volume of stormwater described in the application, supplement, and other supporting data. Any other activities undertaken at this site prior to receipt of the necessary permits or approvals to do so from any local, state or federal government agency having jurisdiction, are considered violations of NCGS 143-215.1, and subject to the enforcement procedures pursuant to NCGS 143-215.6. 5. The permittee grants permission for DENR Staff to enter the property 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 re -issuance or termination does not stay any permit condition. 7. Approved plans, application, supplement forms, calculations and specifications for this project are incorporated by reference and are enforceable parts of the permit. 8. The Permittee shall maintain a copy of the approved plans and specifications on file at all times. Permit issued this the sixth day of April 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 4fCole�EAaullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 5 Master Permit No. SW8 980101 Lot # from Date Allocated Combined Proposed Combined Master Permit No. Issued Project Name BUA Allocated BUA Proposed Permit BUA BUA 1 47897 2 104478 Freeman 3 SW8 100208 1/15/04 Coastal / 26092 26005 Geod namics 4A SW8 070851 11/8/07 Noland Co. 13070 40296 40278 4B SW8 070851 11/8/07 Noland Co. 27226 5 49817 6A ? ? ? 13024 6B SW8 040725 8/6/04 NSPC- 24451 24451 Morehead 1 7 192146 8 22130 9 63043 10 72265 -0. DWQ USE ONLY } ' Date Received Fee Paid Permit Number Applicable Rules: ❑ Coastal SW - 1 95 WCoastal SW - 2008 ❑ Ph II - Post Constructio (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Walgreen's of Southport (Store #2530) 2. Location of Project (street address): 5090 Southport - Su22ly Road City:Southport County: Brunswick Zip:28461 3. Directions to project (from nearest major intersection): ® Intersection of NC 211 and NC 133 4. Latitude:34° 00' 00" N Longitude:78° 00' 00" W of the main entrance to the project. 1. a. Specify whether project is (check one): ®New ❑Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) and the status of construction: ®Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density []High Density ®Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑LAMA Major ®Sedimentation/Erosion Control: 1.66 ac of Disturbed Area ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: MAR 10 2010 Form SWU-101 Version 07July2009 Page I of III1 CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the oroiect): Applicant/Organization: Fare Enterprises of Rockingham, Inc Signing Official & Title:Mr. Claude F. Smith Jr., President b. Contact information for person listed in item la above: Street Address:1800 Rockingham Rd, Suite 36 City:Rockingham State:NC Zip:28379 Mailing Address (if applicable): Phone: (910 ) 997-2544 Fax: (910 ) 997-4042 Email: c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2, a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Prope Signin b. Contai Street City: �Z o k S R n State: /J , C . Zip: -Z F3 7�i Mailing Address (if applicable): City: State: Zip: Phone: ( !�'/ b) 9 i 7- S-V 4 x 3 Fax: ( %/a ) 257 7- S< 2— Email: 711 c- / 7/Y_1 VM 0 131- // S oZ77 . .-) y-T- 3. a. (Optional) Print the name and title of another contact such as the project's person who can answer questions about the project: Other Contact Signing Official & b. Contact information for person listed in item 3a above: Mailing Address:1800 Rockingham Rd, Suite 36 City:Rockingham State:NC Zip:28379 Phone: (910 ) 997-2544 Fax: (910 9974042 Email:tricityjvm@bellsouth.net 4. Local jurisdiction for building permits: City of Southport Point of Contact:Wayne Strickland Phone #: (910 457-7925 Form SWU-101 Version 07July2009 Page 2 of 7 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater will be treated in an offsite wet detention basin via onsite collection with pump station 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.Identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ® Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area:1.66 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:1.66 acres Total project area shall be calculated to exclude the following the nonual pool of impounded stnictures, the area between the batiks of streans and rivers, the area below the Unial Hi h Water (NM line or Mean High Water (MHW) line, and coastal wetlands landward front the NHW (or MHA line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 82.9 % 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. MAR 10 ZOO Form SWU-101 Version 07July2009 Page 3 of 7 Basin Information Drainage Area 1 Drainage Area 2 Drainage Area 3 Drainage Area._ Receiving Stream Name Jump & Run Creek Stream Class SC Sw Stream Index Number * 18-88-9-3-2 Total Drainage Area (so 72,345 On -site Drainage Area (so 72,345 Off -site Drainage Area (so -0- Pro osed Impervious Area** (so 60,000 % Impervious Area** total 82.9 Impervious— Surface Area Drainage Area T Drainage Area 2 Drainage Area 3' Drainage Area _ On -site Buildings/Lots (so 14,478 On -site Streets (so -0- On-site Parking (so 39,845 On -site Sidewalks (so 3985 Other on -site (so F LATU 1?'e 1692 (RESERVE) Future (so -0- Off-site (so -0- Existing BUA*** (so -0- Total (so: 60,000 Streant Class and Index Number can be determined at: httn://lr2o.enr.state.tic.us/birus/reportslreportsWB.lttrrd ** Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sideeoalks, gravel areas, etc. *** Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. n/a ��j�� Projects in Union County: Contact DWQ Central Office staffto check ifthe proj cf`1J k7� Zformswe� ned & Endangered Species watershed that may be subject to more stringent stormwater equiremeB .0600. MA V. SUPPLEMENT AND O&M FORMS By; The applicable state stormwater management permit supplement and opera M) forms must be submitted for each BMP specified for this project. The latest versions of thenloaded from hn://h2o.enr.state.nc.us/su/bmp_forms.htm VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available fromhttp://h2o.enr.state.nc.us/su/bmp—forms.htm. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at ht!p://h2o.enr.state.nc.us/su/"msi maps.htm.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://h2o.enr.state.nc.us/su/bmp forms.htm. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. M r A 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M r`I /A agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to MT 14 http://www.envhelp.org/pages/onestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) Form SWU-101 Version 07July2009 Page 4 of 5. •A detailed narrative (one to two pages) describing the stormwater treatment/managementfor -Nrc+k the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the M-r rk receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations. M 1 Yt 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify N A, elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xil" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 2985 Page No: 0282 Mt r4 11. For corporations and limited liability corporations (LI.C): Provide documentation from the NC t<7� 4 Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http:/ /www.secretary.state.nc.us/Corporations/CSearch.asRx VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS MAR 10 2010 For all subdivisions, outparcels, and future development, the appropriate . �i�rty restrictions and pr tective covenants are required to be recorded prior to the sale of any lot. If lot sizes tl or the roposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon are be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://h2o.enr.state.nc.us/su/bml2 forms.htmlldeed restrictions. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. FormSWU-101 Version07Ju1y2009 Page 5of7 VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Comer Lyons, P.E. Consulting Firm: Cape Fear Engineering Inc Mailing Address:151 Poole Rd Suite 100 City:Belville State:NC Zip:28451 Phone: (910 ) 383-1044 Fax: (910 1 383-1045 Email:comer.lyons@cal2efearengineering.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or hype name of person listed in Contact Information, item 2a) CL a ✓vim Sjg r%17 certify that I own the property identified in this permit application, and thus give permission to (print or hype name of person listed in Contact Information, item la) with (print or hype name of organization listed in Contact Information, item lb) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a-validermit. I understand that the operation of a stormwater treatment facility without a valid permit is a vi6ftion ena eneral Statue 143-215.1 and may result in appropriate enforcement action including the assessment o , f up$25,000 per day, pursuant to NCGS 143-215.6. Date: 31 I l ! o a N//��o��t��ary Public for the State of ��j� County of �I (� do hereby certify that OJOU LCIt_ 1- . SYYII h J V personally appeared before me this�ay of / UfL4n . 2010, and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires�n I , ...D MAR 10 d10 Form SWU-101 Version 07July2009 Page 6 of 7 :�\ tTtl it [�1:�► IfI llirY�Ttf ti Yi Y[y11 Y [�J►1 I, (print or hype name of person listed in Contact Information, item 2) / / / / certify that the information included on this permit application form is,_to th- ' » ' wledge, correct and that the project will be construe dlin conformance with the approved pla , that the regi fired deed restrictions and protective covenants will,bl recorded, and that the proposed project complies with the requirements of the applicable storm; j,;ij es/un er 15A NCAC 2H .1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211. Date: 'd 0 I, _I A! K W V W-6 —a Notary Public for the State of %Y+hOWIiM. Countyof RI ChftYnA.,do hereby certify that Ohlik V. SmiA-hk personally appeared before me thisy�" Ic ay of �:6YIIUY , NA b , an/d� acknowled e th due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires 0&;) 3, 2013 7MAR 10 Form SWU-101 Version 07July2009 Page 7 of 7 1'.� �. 4 i r �`4. �1 �.ir .,, 'I' �:.. \ ,.; �' i�i � , � � I 1 ��' �- - .. -'-t t, r :., F.,1,� 15; 1. t: ': �r" "`J 1. �. %. ,. , �i I ll �I ITRANSACTION REPORT i t,i' irf.i"'' j IIl+li�i Ili II' I� I11 APR lII;' j II. li�'li I I; 910 350 2004 SEND, I!, I K' I' I: y) DATE III ; START I TX TIME PAGES TYPNOTE I APR-07 09i 45 AM 919109974042• 1 V IC 7 FAX' TX OK i, P. 01, ! 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I:' Co: Ar, l Gq T .4e Phone:MO) I I I l ' 796-7336 Fax: , 2 i Ft91Q) 350.2(04ax: I, Re: Ci%itGCr/ Ew) S O 6 SO✓7IiPp,t:' I i I1{m, �.1�, If I i sls;dc� /ia i d Go,o m L {Lf{I 11 „ �U I 11 9 ''I III Wl v ,141'. II tr t I. fl I �I 1 1 u b y i I I II t27 Carldmali!11; . Eztcnswn, IWilmi4ion, NC 29405 . (910) 796.7215 • An Equal Opportunity Affirmative Action Employer II��I��,ill III �I�.ir�' ;t l' �•j � I �1�• :P �t ill l�J� II � j.''1 •'I 1 � alp +III 1 , jp I I ai i ea nl• I(II I Iti III I I I I I -Btroy C % Traffic La Gran e,\ dgden M- Creek 011vr�- Z- . -'� G 00 Mt '. .. Q ButU Tarlcey 4 C`ove Lily &Aia fIt Keener: Fa,son1ra Ii . ` � �� \� Trem Woos IStalCamlinaMai Pomr,W,C Q' Trenton 1Pinh k,n It �� -;River Bier Clinton, /r' ��Polloasvllle� r' til=TlIr1eY' _ ,WAr AVl' l .! 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I III II t, All 1�IIltu,1I�IIiiII1fSIS�'i/GIII '-!It ,d;rdl GD,Pj�II�I'^' �I' A Z,f��ll�! , I;I I I,I I§allL Ih�IIII n' i , I I �d,Ij', !, 11 , dPI I !� I: I I . 127 Cardinal Dive E#enswn, W�Imin�ton, NC 28g05 a (910) 796-7215 d M PgoW'Opportunity n onS A1Frmetivc Aclion'Empioycr t,'t, I. I' I I I' L; I I •i 1 I 8 � I9iiI)I 1Lf ; iI 1. i� b ILL It I I I I�l I I j1: I I Ij +a,I� IIII G I I a. al« 1 c I III,, I • �� I , aII I II li • 1 1 jl,� Ii I , •6 r y West Fran FAirmont \ r`• ,i Clarkton e Ar7nour Georgia Pacific Wluteville Plant'% Lumber M Dillon V A r \ - LekeWiev �4jWnrteJdle -�na \Fail 6luM Chadtiourn <. --_y ake_>� \ 1Maccamav, sellars BPI inbY, +' ` NiMols, \ i i( �Wat ance Tabor -City . EPCOF ' Carolin Pamolico = \ , /i y \ { \cAroiinA t� n Shores �,�' �� ti ��� � -- 2Y� � -' - -d'ver Staset' _ 10 rru - �Conwo �e River . Beach ��` = — y Nonh Myrtle 20 km Joni sonvi - e �~. �Red;HTi . ,Beach Russ Mol—gaii's 7 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor FAX COVER SHEET Dee Freeman, Secretary '7 Date: -! — -7 — / iNo. Pages (excl. cover): S To; COM 15- 4 L yD ,J S From: Jo Casmer Co: Phone: (910) 796-7336 Fax: 38 3 — /O 4'S Fax: (910)350-2004 Re: Liil�GGi��,.�s o� so✓ r� oo,e �Sw� D9o�z% 127 Cardinal Drive Extension, Wilmington, NC 28405 c (910) 796-7215 o An Equal Opportunity Affirmative Action Employer Naugle, Mary From: Matt Haley [matt.haley@capefearengineering.com] Sent: Friday, March 19, 2010 9:52 AM To: Naugle, Mary Cc: Comer Lyons; Russell, Janet Subject: RE: SW8 090629 Walgreen's of Southport (Store # 2530) Attachments: Signed Deed Restrictions. pdf Mary Jean, Please find the attached PDF copy of the signed outparcel deed restrictions. I will send you the original when I get it. Thanks. Matthew T. Haley, El CAPE FEAR Engineering, INC matt. halev(a�caoefeareng i neeri ng.com 910.383.1044 ext. 136 Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. From: Naugle, Mary [mailto:mary.naugle@ncdenr.gov] Sent: Friday, March 19, 2010 8:55 AM To: Matt Haley Cc: Comer Lyons; Russell, Janet Subject: RE: SW8 090629 Walgreen's of Southport (Store # 2530) Matt and Comer; Thank you for your response. The signed, dated and notarized Deed Restriction form is needed to continue the permit review as requested in item 1. The format you submitted is fine for this project, but we need an original signed version. Mary Jean Naugle NC DENR Express Permitting NC Division of Water Quality 127Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 910-796-7303 910-350-2004 fax mars. nougle @ncdenr. go v Please note: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Matt Haley [mailto:matt.haley@capefearengineering.com] Sent: Friday, March 19, 2010 8:45 AM To: Naugle, Mary Cc: Comer Lyons; Russell, Janet Subject: RE: SW8 090629 Walgreen's of Southport (Store # 2530) Mary Jean, Please find the following responses to your request for additional information: 1. Please note that a draft copy of the outparcel deed restriction was submitted for your approval of our revisions to the language only. It has always been our intention to submit a signed, dated, and notarized deed restriction once the language was approved. Unless you inform me otherwise, I will assume that the language meets your approval and I will move forward with getting the necessary signatures. I will send you a PDF copy and send you an original of the signed, dated, and notarized deed once I receive it. Please let me know if you have any additional questions or need any additional information. Thanks Matthew T. Haley, El CAPE FEAR Engineering, INC matt. halevta7capefeareng i neering. com 910.383.1044 ext. 136 Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. From: Naugle, Mary [mailto:mary.naugle@ncdenr.gov] Sent: Thursday, March 18, 2010 3:47 PM To: Matt Haley Cc: Comer Lyons; Russell, Janet Subject: SW8 090629 Walgreen's of Southport (Store # 2530) Matt; Please provide the following additional information: 1. Signed, dated, and notarized deed restriction for the outparcel to Walgreens. A draft was submitted for the 60,000 sf, but with no name, signature, date or notary. Please provide this information within 5 working days of receipt of this request. Please let me know when you receive this memo. Mary Jean Naugle NC DENR Express Permitting NC Division of Water Quality 127Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 910-796-7303 910-350-2004 fax many. nauole @n cdenr, go v Stormwater Design Narrative and Calculations For Express Permitting Walgreens Store #2530 Date: March 2010 `O.„o,I,qjq 0 °�a � LEIVI c o4FEss oa�,''�.,, MAR 10 2010 3?%Q�`3•yr��•r� SEAL BY:- 3n9F s, Prepared for: Fare Enterprises of Rockingham, Inc 1800 Rockingham Rd. Suite 36 Rockingham, NC 28379 (910)997-2544 Prepared by Cape Fear Engineering, Inc. 151 Poole Road, Suite 100 Belville, NC 28451 (910)383-1044 P'3451S45-02AdmioSTO0.%IWTRIEXPUSS SUB%IITT,V.'_010\ VALGREENS OFFS ITEAYalgrecns Express Narrasivc 1-13-10 dm 0 DESIGN NARRATIVE General: RECEIVED MAR 10 2010 LY:— The proposed Walgreens site in Southport is located off NC 211 in front of the Southport Lowes Home Improvement in Brunswick County, North Carolina. The subject site is a commercial development of 1.66 Acres that will utilize an existing Lowes wet detention basin for stormwater control and treatment. The Lowes pond is permitted under NCDENR stormwater permit # SW8 990435. Proposed improvements include: the Walgreens building, onsite parking, sidewalks and infrastructure improvements. This project will be completed in one phase. The project drains to Jump & Run Creek (SC; Sw ;18-88-9-3-2) through the existing Lowes water quality Pond # 1. Existing Site: The project site is a graded outparcel fronting NC 211 in Southport, NC. The site falls towards NC 211 at +/- 2.5 % and has an existing piped outlet to the east and under the Lowes driveway which will be abandoned in place during the project. Groundcover is well established and consists of hearty grasses and shrubbery with some small hardwoods (less than 2-inch DBH). Field observations and the Brunswick County Soil Survey indicate that in situ soils are primarily Leon sands (most likely in a poorly drained state). No wetlands are on the site and no impacts are proposed. The site currently drains to the east through an existing culvert under the adjacent Lowe's driveway. Proposed Stormwater Improvements: Drainage will typically flow from the building and parking areas into grate inlets within the paved areas. Curb and gutter will direct drainage to low points consistent with these grate inlets. Stormwater will enter the engineered collection system and pipe network where the design storm and accompanying local jurisdiction control volume will be temporarily stored. Volume above these volumes will bypass to the NC 211 roadside ditch. P %31!3ai-OTAdmin\STOR%IWTR!E. PRESS SUBMITTAL N10', WALGREENS OFFSITE\Walgrzcns Eepress Harta�ise 1 13-10 doc After the design volumes are contained, they will be pumped to the existing water quality pond's forebay and treatment regime in conformance with NCDENR requirements prior to discharge toward the receiving stream. The existing culvert under the adjacent Lowe's driveway will be abandoned in place. Drainage Considerations: All impervious drainage from the project site will be captured in an engineered system and treated in accordance with governing regulations. Captured volume is designed to meet or exceed required volume for NCDENR design storm and volume to attenuate the post -development flowrate to pre -development flowrate for the 25-year 3-hour storm event. Erosion Control Considerations: All sediment on -site will be contained through the use of Silt fence and wire and gravel inlet protection prior to site stabilization. Maintenance Considerations: During construction, the Contractor shall be required to inspect and repair as needed all erosion control devices after any significant rain event. Any measure found not performing its intended function, shall be repaired immediately. Upon completion of construction the establishment of permanent ground cover will be a priority. MAR 10 2010 P,kPAIP5-021Adminis TOR)IWTR'li\PRESS SUBMITTAL ]0I MWALGREESS OFFS] MWilyraens E\prer. uamai.c 1.19.10 doe Erosion Control Specifications 'MPS � p 1p\0 P..Q45�3I i-02bAdmmSTOR%rVTR'EV RESS SUBMITTAL'MkWALGREE]S OFFS I IE\W �],, z v E,rc,s N,, ii, 1-19-10 d.c Erosion and Sedimentation Control 1.01 General: The contractor shall be responsible for erosion and sedimentation control within the construction limits; for prevention of sediment laden runoff leaving the construction limits or entering ditches, streams or water impoundments; and for implementation of necessary erosion and sedimentation control measures to meet the requirements of the North Carolina Department of Environment, Health, and Natural Resources. The Contractor shall also be responsible for all damages or fines resulting from erosion or sediment laden runoff in the execution of his contract. 1.02 Construction Sequence: While the use of erosion and sedimentation control devices is especially important on areas of steep topography, easily erodible soils and sites in close proximity to water courses throughout the construction period, the control measures should be installed prior to the commencement of land clearing and shall be fully maintained and periodically inspected until final restoration and stabilization is completed. Unrestored cleared areas shall be kept to a minimum. Disturbed areas ahead of construction shall only be accomplished on those segments for the shortest practical distance as required for continual progress. Final restoration shall not be delayed until completion of the project but will be carried out in phases as the work proceeds. Under no circumstances will any slopes be left denuded for more than 15 calendar days. Under no circumstance will any area be left denuded for more than (21) twenty-one calendar days without some form of stabilization until final restoration is complete. 1.03 Sedimentation: Control Measures: The following are some of the sediment control devices or measures that may be required to prevent sedimentation of streams, water courses, or drainage structures: 1. Earth berms and/or diversion and intercept ditches. 2. Sediment traps 3. Filter berms 4. Wire and Gravel Filter inlets 5. Silt fences - not to be placed in streams or ditches perpendicular to flow. 6. Check dams gravel filter 7. Gravel construction exit 1.03.1 Erosion Control Pleasures: Some of the soil erosion control measures which may be required in this contract are: I . Earth slope protection 2. Diagonal water break diversion berms 3. Diversion channels 4. Preservation of existing vegetation C �1 5. Storm inlet protection 1 p 7010 6. Stream crossings M AR 7. Energy dissipators $�' 8. Matting of re -seeded areas 1.03.2 Detail Drawing: Examples of sedimentation and erosion control details are shown in these plans for installation at locations designated in the plans or as otherwise required by the regulating agency, or the owner as work proceeds. 1.04 Stream Protection: Where construction activities are necessary in close proximity to streams, and other waterways, they shall be performed in a manner that does not contribute to degradation of or blockage of the stream -flow. In order to prevent possible degradation or blockages, the contractor shall be required to: l . Keep all construction debris, excavated materials, brush, rocks, refuse and topsoil as far from these waterways as possible. Restrict machinery operation or stream crossings in waterways to the extent necessary for construction of utilities crossings. 2. If construction work areas are necessary in a waterway, they shall be protected as indicated on the plans. 3. If temporary roadways are essential for the construction activities, they shall be constructed of soils which are not highly erodible materials and must not span more than half way across the water course or wetland area at any one time unless otherwise approved by the Engineer. These temporary roadways shall be entirely removed as soon as their requirement is met. Work in these areas shall follow the requirements of the Corp of Engineers or CAMA permit, or plans as applicable. 1.05 Construction Access: The travel of equipment to and from the construction areas shall be minimized not only to protect areas that will not be denuded, but also to prevent the spreading of sediment within and outside of the construction areas. Therefore, special construction equipment travel corridors will be established for this use and instructions shall be issued for their use. Use of these corridors must be fully enforced. Other non -essential traffic will be restricted or discouraged. Indiscriminate and convenience traffic shall not be allowed. 1.06 Stockpile/Borrow Areas: The Contractor shall be responsible for selecting, obtaining and maintaining stockpile or borrow areas which he may require to complete the contract. Fle is also required to design and incorporate all necessary sediment and erosion controls measures necessary to prevent erosion and contribution of sediment to adjacent areas. The Contractor is responsible to obtain all necessary permits or approvals for borrow or spoil areas outside the construction limits. 1.07 Disposal of Excess Water From Excavations: The Contractor shall practice management of excess water pumped from excavation to reduce the production and spreading of sediment. Pumped water shall be discharged onto stabilized surfaces and allowed to filter through existing vegetation if possible; otherwise, additional control measures may be necessary. If ditches are required to remove pumped water from construction excavations, they shall be given the same consideration as any other man- made waterway and they shall be stabilized as to not degrade and produce sediment. 1.08 Excavation and Backfill: Excavation shall be closely controlled and all the material removed from the excavation shall be selectively stockpiled in areas where a minimum of sediment will be generated and where other damage will not result from the piled material. Drainage ways shall be protected at all times and the placement of material in Drainage ways for convenience shall not be allowed. Backfilling operations shall be performed in such a manner that remaining trees are not damaged. 1.09 Final Grading and Seeding: Finish grading, topsoiling, seeding and/or sodding shall be performed after the construction phase is complete. Permanent vegetation of the areas, that have been disturbed, shall be re-established as rapidly as possible. If the completion of the construction. activities do not coincide with a season in which permanent vegetation can be generated, an interim or temporary program is required. This shall include soil conditioners and mulching as necessary for soil stabilization. In any case, sediment and erosion controls shall be installed promptly and their maintenance assured. 1.10 Approval: The approved Erosion Control Plan will be provided by the Owner. Any standard conditions relating to soil erosion and sediment control issued to the Contractor as a part of any permits shall be available at the job site at all times. y Storage Volume Calculations P!34i\3a5-02'n\d.in,STOR%I%k7R'EVRESS SUSN IITTAI. 1010M.%I.GRE ENS OF FSITE'd0algreens E,ress Urtative I-IS-10 dac Pipe Volume (60" RCP) depth(m) depth ft Theta red Total Volume cf/ft Inc. Volume cf/ft 0 0 0.00 0.00 6 0.5 1.29 1.02 1.02 12 1 1.85 2.80 1.77 18 1.5 2.32 4.95 2.16 24 2 2.74 7.33 2.38 30 2.5 3.14 9.82 2.48 36 3 3.54 12.30 2.48 42 3.5 3.96 14.68 2.38 48 4 4.43 16.84 2.16 54 4.5 5.00 18.61 1.77 60 5 1 6.28 1 19.63 1.02 Storage Volume LF 60' RCP JUNCTION BOXES 8'x8'x8'51'-. DIVERSION BOX 4'x8'x8' :Psskaf"t?3 END CAP BOXES 3.5'x7'x7' PUMP STATION 6' DIAMETER)'= S 0 1 2010 1 2 3 4 5 6 7 Inc. Inc. Inc. Inc. Inc. Total Total 60' Pie Junction Box Diversion Box End Cap Box Pump Station Inc. Storage Storage Storage Storage Storage Storage Storage STAGE ELEV (cf) (cf cf cf cf ct cf 0 22 0.00 0.00 0.00 0.00 0.00 0.00 0 0.5 22.5 523.20 160.00 16.00 61.25 14.14 774.59 775 1 23 908.14 160.00 16.00 61.25 14.14 1159.53 1,934 1.5 23.5 1105.21 160.00 16.00 61.25 14.14 1356.60 3,291 2 24 1218.58 160.00 16.00 61.25 1 14.14 1469.97 4,761 2.5 24.5 1271.41 160.00 16.00 61.25 14.14 1522.80 6,283 3 25 1271.41 160.00 16.00 61.25 14.14 1522.80 7,806 3.5 25.5 1218.58 160.00 16.00 61.25 14.14 1469.97 9,276 4 26 1105.21 160.00 16.00 61.25 14.14 1356.60 10,633 4.5 26.5 908.14 160.00 16.00 61.25 14.14 1159.53 11,792 5 27 523.20 160.00 16.00 61.25 14.14 774.59 12,567 5.5 27.5 0.00 160.00 16.00 61.25 14.14 251.39 12,818 6 28 0.00 160.00 16.00 61.25 14.14 251.39 13,070 Y 6!5� �28!51 �0!00� �160!000 �16!00' IIIIIIIIIIIIIIIII[6,1!25' �14514� �251!39� 513!32,1� 7 29 0.00 160.00 16.00 61.25 14.14 251.39 13,573 7.5 29.5 0.00 160.00 16.00 0.00 14.14 190.14 13,763 8 30 0.00 160.00 16.00 1 0.00 1 14.14 190.14 13,953 Note: Diversion box outlet weir elevation is 28.50'; therefore, use volume at elevation 28.5 for required offsite volume Tor NCDENR wet detention basin design. P:\945 5-M\Calm\STORMWATER\SOUTHPORTStorage 9-1-10.xis Pump Station Calculations P %8451845-0]\ACmin\S'rOpOw rw ESPRESS SLrB,MI T F.AI. 2010%W ALGREE.NS OFFS MkValgr¢ns Express Sansive 1-19-10 Joc FROACT: WALGREENS OF SOUTHPORT (STORE #2530) DnTE: Ja, 10 CLIENT: FARE ENTERPR15Iz5 OF ROCKINGHAM, INC FROJ. NO'. 845-02 5UBJFC : STORMWATER PUMP STATION k I DE5IGNED 3r: MTH STORAGE VOLUME (NCDEHR DESIGN STORM AND LOCAL CONTROL VOLUME): ................................................................ STORAGE VOLUME = 13.342 FT-3 i ...............................................................: PUMPING CONDITIONS STATIC HEAD =_> PUMP EL. -= 18.90 FT HIGH POINT EL. -= 33.00 FT STATIC HEAD -= 14.10 FT FORCEMAIN#1=_> PGFM DIA. PVC = G IN c = 120 LENGTH = 445 FT DESIGN LENGTH= (LENGTH+ 10% FOR FITTINGS) DESIGN LENGTH= 490 FT FRICTION HEAD L055 IN FM (HAZEN-W(LUAI05) HL = ) 0.8C; ''0J WHERE: O=FLOW (GPM) 'I'8s . d4,87 L=DESIGN LENGTH (FT) c= hAZEN-WILLIAMS COEF. d= FORCEMAIN DIA. (IN) Hit = 0.0001229 O',oe SYSTEM CURVE STATIC HEAD Q(6PM) HEAD (FT) 0 14.10 L055 (rT) 0.0 TDH !FT) 14.1 50 14.10 0.2 14.3 100 1 4, 10 0.4; 14,7 )ED I4.10 I.3 15.4 225 14, 10 2.8 1 G.9 275 14.10 4.0 18.1 325 14.10 5.5 19.G 375 14.10 7.1 21.2 425 14.10 9.0 23.1 475 14.10 11.0 25.1 ......................................................................................................................... . OPERATING POINT: 225 GPM Q I G.9' TDH (SEE ATTACHED PUMP CURVE) j ......................................................................................................................... . DRAWDOWN TIME STORAGE VOLUME = 13,342 CF PUMPING RATE = 225 GPM ............................................................. PUMPING TIME = 7.4 ........................... ............ ..................... HR5 : 0.308019 SCOUR VELOCITY( G" FM) REO'D SCOUR VELOCITY (V5) = 2.0 FPS DESIGN VELOCITY (VD) = A VD= 255 FPS ............................................................................................. I............... DESIGN VELOCITY (VD) 2 SCOUR VELOCITY i............................................................................................................ PLJ.MP STATION 41 P.S. CALLS P:A8+5�3+5-02TGaIC5L5i0R„PNniERAPU�bIP ST,ITION-14-10..15 I pF I PRODUCT NPE FLYGH` PERFORMANCE CURVE NP3085.183 MT DATE PROJECT CURVE NO ISSUE 2010-01-18 61-463-00-4506 4 1/1-LOAD 3/4-LOAD 112-LOAD RATED IMPELLER DIAMETER POWER..... 2.4 hp 135 mm POWER FACTOR 0.94 0.96 0.95 STARTING MOTOR # STATOR REV EFFICIENCY 80.5 % 82.0 % 79.5 % CURRENT ... 47 A MOTOR DATA __ --- --- RATED CURRENT... RATED 10 1710 A 15-10-4AL 12- 11 COMMENTS INLET/OUTLET FREQ. PHASES VOLTAGE POLES / 3.0 inch OT.MOM.OF rpm 60 Hz 1 230 V 4 INERTIA... 0.017 kgm2 IMP. THROUGHLET GEARTYPE RATIO NO.OF BLADES 2 --- --- [hp] 2.4 ry LU 2.0 O d 1.6 1 DUN -POINT FLOW[USgpml HEAD(ft] POWER [hp] EFF. [%] NPSHre[ft] 1 230 16.4 2.3111.90) 40.8 (50.1) 14A B.E.P. 332 12.7 2.45 (2.00) 43.7 (53.6) 13.3 [ft] 25' w O Q W = 15 10' 5 IN 25 20 v�Z 15 oP 10 Q s all 100 200 300 400 500 FLOW 0 a LL LL W F W m r- EFF. 1%] 30 20 10 0 [uSgpm] NPSHre = NPSH3%+ min. operational margin FLYGH HI B Curve CALCULATIONS -ROJECT ;i! f: DATE: 3 i i % i C) CLIENT: PROJ, NO: w Q' SUBJECTDESIGNED BY: :'ri,.F. V %. {� 1 �. w, `f� 1;\1 .' `I 4- �.•, 1� �1: ngi�'s}Y`... �".,. �LG'Ji.,->K�f�.'t. � ��r'�. `, �\,y 1, 4..=%� 1�:01 F&11�K, 17v-1tnF=' 1r�11.� ®c_{_v'"i.- h�:� }�vt•V\ �l; R `*.)i%`':..T?,2G aa---.;v`1 �.,5:��;cd.... �.�i`��� `"1,',1,r ,.,;•..,iyc `.;T. F" C7V ��G �Lo�I Sr`Z�iL�l,QC l-S�V� N I� �10-112 = IO 2� �t� �cr S rouN Tc �cZ SavTFF�a� S�cY�\1y pt=51Gr.1 MF��U1-�` 52= �TTi�Cti f1.N 9 1\J �sgvh•.� C :-- 0. s (p �\ � .� u . s (ca. ls� = 0, ss (Seq. ko-1AuApe"-T-1. \� �.o glp- C l R O . �G _ 1 17-) ( 1. r :1c) S. (oS CT=- 9 II - j��!;2=i,7=L.0 i_.? ;ICI i:_.i irl �.� i1 S u s'il�..�!\.'t'Ll-. A i ! A 1—r-.---r _ ,—�—_ 151 ?oole,:caa 5.:re 100 �.. 5elville Nc 2345'1 Q4 i c � �-" ;rS (910)383-10-35 FAX ) �:211l7 , Inc, W:vW. cdL�e33rdtl�lneerin y^^._^om r r. ,ROJECT: DATE: 6LIENT PROJ. NO.: rag = " Z- SUBJECT: DESIGNED BY: 1I. STEP C��f l i`r\\�1 Dv--p— �A OF T9�0,�'k "t"rl"sLc— 6'• 01:3 ra�- see A-rrAcNc.«NT - 20 �1aAv,ti✓t -:SLOPE 0-57, 5011.5 ( SA-) 151 Fuale Reac, 5uie 100 oalnik NCa-r01 C TEL (91o)s5s-104 �x: (510) 3s3-1043 rJ 9 ,wm.0 cica'ecrerg6-aa�i;; �. com 3/ s CHART EV Intensity - Duration - Frequency Southport, North Carolina RETURN PERIOD 2-Year 5-Year 10-Year 25-Year 50-Year 100-Year Duration (in/hr) (infir) (in/hr) (in/hr) (in/hr) (in/hr) S`Min 17JO" 8.66 10 21` ' 11:77 12.92 ` 13:20 10 Min 5.47 6.67 7.87 9.06 9.95 10.26 15 Min 4.61 ` 5.62. 6.62 • 7.63 8.38 8.64 ` 30 NI in, 3.20 3.90 4.60 5.30 5.82 6.00 1 Hr 2.00 ' 2.50 2.90 3.33 3.71 4.00 2 Hr 1.22 1.60 1.78 2.07 2.28 2.59 3 Hr 0.91 1.13 1.31 1.50 1.67 1.85 6 Hr 0.52 0.67 0.77 0.90 1.00 1.13 12 Hr 0.31 0.40 0.47 0.54 0.60 0.67 24 Hr 0.17 0.23 0.28 0.32 0.35 0.40 'Source: Rainfall Frequency Atlas of the United States, Technical Paper 40, U.S. Weather Bureau, May, 1961. 6 SCorm'water iManagemem Technical .Manual 17 Southport, Nor:h Carolina Table 8.03 Value of Runoff Coefficien (C) for Rational Formul b a Land Use C Land Use C t Business: Lawns: Downtown areas 0.70-0.95 Sandy soil, flat, 2% 0.05-0.10 Neighborhood areas 0.50-0.70 Sandy soil,.ave., 0.10-0.15 2-7%' 0.15-0.20 Residential: Sandy soil, steep, 0.13-0.17 Single-family areas 0.30-0.50 7% 0.18-0.22 Multi units, detached 0.40-0.60 Heavy soil, flat, 2% 0.25-0.35 Multi units, Attached 0.60-0.75 Heavy soil, ave., Suburban 0.25-0.40 2-7% Industrial: Heavy soil, steep, Light areas 0.50-0.80 7% 0.30-0.600.20-0.50 Heavy areas 0.60-0.90 Agricultural land: Parks, cemeteries 0.10-0.25 Bare packed soil 0.30-0.60 Smooth 0.20-0.50 Playgrounds 0.20-0.35 Rough 0.20-0.40 Cultivated rows 0.10-0.25 Railroad yard areas 0.20-0.40 Heavy soil no crop Heavy soil with 0.15-0.45 Unimproved areas 0,10-0.30 crop 0.05-0.25 Streets:_ Sandy soil no crop 0,05-0.25 ,Asphalt 0.70-0.95 Sandy soil with Concrete 0.80-0.95 crop 0,10-0.25 Brick 0.70-0.85 Pasture Heavy soil 0.15-0.45 Drives and walks 0.75-0.85 Sandy soil 0.05-0.25 Woodlands 0.05-0.25 Roofs 0.75-0.85 NOTE: The designer must use judgement to select the appropriate C value within the range for the appropriate land use. Generally, larger areas with permeable soils, flat slopes, and dense vegetation should have lowest C values. Smaller areas with slowly permeable soils, steep slopes, and sparse vegetation should be assigned highest C values. Source: American Society of Civil Engineers 8.03.6 r.<.. 6,06 8.03.6 r.<.. 6,06 Hydraflow Table of Contents WALGREENS (BRUNSCO POST) 12-10-09.9pw Hydraflow Hydrographs Extension for AutoCADOO Civil 3D® 2008 by Autodesk, Inc. v6.052 Monday, Mar 1, 2010 Watershed Model Schematic............................................................................. 1 10 - Year SummaryReport ................................................................................................................ 2 HydrographReports.......................................................................................................... 3 Hydrograph No. 1, SCS Runoff, POST (WALGREENS 24-HR)...................................... 3 TR-55 Tc Worksheet................................................................................................... 4 Hydrograph No. 2, Reservoir, POST (WALGREENS 24-HR).......................................... 5 Pond Report - Walgreens Storage.............................................................................. 6 i Watershed Model Schem�$yldgflow Hydrographs Extension for AutoCADO Civil 3DO 2008 by Autodesk, Inc. v6.052 1 - POST (WALGREENS 24-HR) 2 - POST (WALGREENS 24-HR)EX i Projac:: WALGREENS (BRUNSCO POST) 12-10-0g.gp:v I Monday, Mar 1, 2010 Hydrograph Summary Re pQaflow Hydrographs Extension for AutoCADO Civil 3DO 2008 by Autodesk, Inc. v6.052 Hyd. No. Hydrograph type (origin) Peak flow (cfs) Time interval (min) Time to peak (min) Hyd. volume (cult) Inflow hyd(s) Maximum elevation (ft) Total strge used (cuft) Hydrograph description 1 SCS Runoff 11.61 1 724 39,806 ------ ------ ----- POST (WALGREENS 24-HR) 2 Reservoir 11.58 1 725 26,464 1 30.43 13,757 POST (WALGREENS 24-HR) WALGREENS (BRUNSCO POST) 12-10-PRge4ym Period10 Year Monday, M3,, 1, 2010 3 Hydrograph Report Hydraflow Hydrographs Extension for AutoCAD® Civil 3D® 2008 by Autodesk, Inc. v6.052 Monday, Mar 1, 2010 Hyd. No. 1 POST (WALGREENS 24-HR) Hydrograph type = SCS Runoff Peak discharge = 11.61 cfs Storm frequency = 10 yrs Time to peak = 724 min Time interval = 1 min Hyd. volume = 39,806 cuft Drainage area = 1.660 ac Curve number = 95 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 5.50 min Total precip. = 7.00 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 POST (WALGREENS 24-HR) Q (Cfs) Hyd. No. 1 -- 10 Year Q (cfs) 12.00 12.00 " 10.00 l 10.00 I 8.00 8.00 6.00 6.00 I 4.00 4.00 �� 'Il - + 2.00 2.00 --__�- lI�---=-----_�-- 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 Time (min) Hyd No. 1 TR55 Tc Worksheet 4 Hydraflow Hydrographs Extension for AutoCADOO Civil 3DO 2008 by Autodesk, Inc. v6.052 Hyd. No. 1 POST (WALGREENS 24-HR) Description A B C Totals Sheet Flow Manning's n-value = 0.240 0.011 0.011 Flow length (ft) = 25.0 0.0 0.0 Two-year 24-hr precip. (in) = 4.10 0.00 0.00 Land slope (%) = 1.50 0.00 0.00 Travel Time (min) = 4.67 + 0.00 + 0.00 = 4.67 Shallow Concentrated Flow Flow length (ft) = 50.00 0.00 0.00 Watercourse slope (%) = 2.00 0.00 0.00 Surface description = Paved Paved Paved Average velocity (ft/s) = 2.87 0.00 0.00 Travel Time (min) = 0.29 + 0.00 + 0.00 = 0.29 Channel Flow X sectional flow area (sqft) = 1.77 0.00 0.00 Wetted perimeter (ft) = 4.71 0.00 0.00 Channel slope (%) = 0.28 0.00 0.00 Manning's n-value = 0.013 0.015 0.015 Velocity (ft/s) = 3.15 0.00 0.00 Flow length (ft) = 100.0 0.0 0.0 Travel Time (min) = 0.53 + 0.00 + 0.00 = 0.53 Total Travel Time, Tc.............................................................................. 5.50 min Hydrograph Report Hydraflow Hydrographs Extension for AutoCADOO Civil 3DOO 2008 by Autodesk, Inc. v6.052 Monday, Mar 1, 2010 Hyd. No. 2 POST (WALGREENS 24-HR) Hydrograph type = Reservoir Peak discharge = 11.58 cfs Storm frequency = 10 yrs Time to peak = 725 min Time interval = 1 min Hyd. volume = 26,464 cuft Inflow hyd. No. = 1 - POST (WALGREENS 24-HR) Max. Elevation = 30.43 ft Reservoir name = Walgreens Storage Max. Storage = 13,757 cuft Storage Indication method used Q (cfs 12.00 10.00 :M Mill W 2.00 POST (WALGREENS 24-HR) Hyd. No. 2 -- 10 Year Q (cfs) 12.00 10.00 M 2.00 0.00 -_—_- - _._._ 0.00 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 Time (min) —= Hyd No. 2 --- Hyd No. 1 _- =Total storage used = 13,757 tuft Pond Report rl Hydraflow Hydrographs Extension for AutoCADO Civil 3D0 2008 by Autodesk, Inc. v6.052 Pond No. 1 - Walgreens Storage Pond Data Pond storage is based on user -defined values. Stage I Storage Table Stage (ft) Elevation (ft) Contour area (sqft) Incr. Storage (cuft) Total storage (cuft) 0.00 21.00 n/a 0 0 0.50 21.50 n/a 108 108 1.00 22.00 n/a 718 826 1.50 22.50 n/a 1,167 1,993 2.00 23.00 n/a 1,397 3,390 2.50 23.50 n/a 1,529 4,919 3,00 24.00 n/a 1,590 6,509 3.50 24.50 n/a 1,591 8,100 4.00 25.00 n/a 1,528 9,628 4.50 25.50 n/a 1,397 11,025 5.00 26.00 n/a 1,167 12,192 5.50 26.50 n/a 718 12,910 6.00 27.00 n/a 108 13,018 6.50 27.50 n/a 108 13,126 7.00 28.00 n/a 108 13,234 7.50 28.50 n/a 108 13,342 8.00 29.00 n/a 108 13,450 9.00 30.00 n/a 216 13,666 10.00 31.00 n/a 216 13,882 11.00 32.00 n/a 216 14,098 Monday, Mar 1,2010 Culvert / Orifice Structures Weir Structures [A] [B] [C] [PrfRsr] [A] [B] [C] [D] Rise (in) Inactive 0.00 0.00 0.00 Crest Len (ft) = 1.00 3.00 0.00 0.00 Span (in) = 4.00 0.00 0,00 0.00 Crest El. (ft) = 28.50 30.00 0.00 0.00 No. Barrels = 1 0 0 0 Weir Coeff. = 3.33 3.33 3.33 3.33 Invert El. (ft) = 28.50 0.00 0.00 0.00 Weir Type = Rect Rect --- --- Length (ft) = 1.00 0.00 0.00 0.00 Multi -Stage = No No No No Slope (%) = 0.50 0.00 0.00 n/a N-Value = .013 .013 .013 n/a Orifice Coeff. = 0.60 0.60 0,60 0.60 Exfil.(in/hr) = 0.000 (by Wet area) Multi -Stage = n/a No No No TW Elev. (ft) = 0.00 Note, Culven/Onfice outflows are analyzed under inlet (ic) and outlet (cc) control. Weir risers checked for orifice conditions (ic) and submergence (s). Stage I Storage I Discharge Table Stage Storage Elevation CIvA CIvB CIvC PrfRsr WrA WrB WrC WrO Exfil User Total ft cult ft cfs cfs cfs cfs cfs cfs cfs cfs cfs cfs cfs 0.00 0 21.00 0.00 --- --- --- 0.00 0.00 --- --- -- --- 0.000 0.50 108 21,50 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 1.00 826 22,00 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 1.50 1,993 22.50 0.00 --- --- --- 0.00 0.00 --- --- -- --- 0.000 2.00 3,390 23.00 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 2.50 4.919 23.50 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 3.00 6,509 24.00 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 3.50 8,100 24.50 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 4.00 9,628 25.00 0.00 --- --- --- 0,00 0,00 --- --- --- --- 0,000 4.50 11,025 25.50 0.00 --- --- --- 0.00 0.00 --- --- - --- 0,000 5.00 12,192 26.00 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 5,50 12,910 26.50 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 6.00 13,013 27.00 0.00 --- --- 0.00 0.00 --- --- --- --- 0.000 6.50 13,126 27.50 0.00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 7.00 13,234 28,00 0,00 --- --- --- 0.00 0.00 --- --- --- --- 0.000 7.50 13,342 23.50 0.00 --- --- --- 0.e0 0.00 --- --- --- --- 0.000 8.00 13,450 29,00 0.00 --- --- --- 1.13 0,00 --- --- --- --- 1.177 9.00 13,566 30.00 0.00 --- 6,12 0.00 --- --- --- --- 6.118 10.00 13,982 31.00 0.00 --- --- --- 13.16 9.99 --- -- --- --- 23.15 11.0C 14,093 32,00 0.00 __ __. .._ 21.9G 23.26 --- --- --- --- 50.06 Channel Report Hydraflow Express Extension for AutoCADO Civil 3DO 2008 by Autodesk, Inc. Typical Road Side Ditch Section Triangular Side Slopes (z:1) = 3.00, 3.00 Total Depth (ft) = 2.00 Invert Elev (ft) = 27.30 Slope (%) = 0.70 N-Value = 0.030 Calculations Compute by: Known Q Known Q (cfs) = 17.23 Elev (ft) Section 30.00 29.50 Monday, Mar 1 2010 Highlighted Depth (ft) = 1.37 Q (cfs) = 17.23 Area (sqft) = 5.63 Velocity (fUs) = 3.06 Wetted Perim (ft) = 8.66 Crit Depth, Yc (ft) = 1.16 Top Width (ft) = 8.22 EGL (ft) = 1.52 29.00 � T�l ------.� 28.50 28.00 27.50 27.00 26.50 0 2 4 6 3 10 12 14 15 Depth (ft) 2.70 2.20 1.70 1.20 0.70 0.20 -0.30 -0.80 Reach (it) Table 8.05a Maximum Allowable Design Velocities' for Vegetated Channels Typical Soil Grass Lining Permissible Velocity' Channel Slope Characteristics' for Established Grass Application Lining (fUsec) 0-5% Easily Erodible Bermudagrass 5.0 Non -plastic Tall fescue 4.5 (Sands & Silts) Bahiagrass 4.5 Kentucky bluegrass 4.5 Grass -legume mixture 3.5 F— �At J Erosion Resistant Bermudagrass 6.0 Plastic Tall fescue 5.5 (Clay mixes) Bahiagrass 5.5 Kentucky bluegrass 5.5 Grass -legume mixture 4.5 5-10% Easily Erodible Bermudagrass 4.5 Non -plastic Tall fescue 4.0 (Sands & Silts) Bahiagrass 4.0 Kentucky bluegrass 4.0 Grass -legume mixture 3.0 Erosion Resistant Bermudagrass 5.5 Plastic Tall fescue 5.0 (Clay mixes) Bahiagrass 5.0 Kentucky bluegrass 5.0 Grass -legume mixture 3.5 >10% Easily Erodible Bermudagrass 3.5 Non -plastic Tall fescue 2.5 (Sands & Silts) Bahiagrass 2.5 Kentucky bluegrass 2.5 Erosion Resistant Bermudagrass 4.5 Plastic Tall fescue 3.5 (Clay mixes) Bahiagrass 3.5 Kentucky bluegrass 3.5 Source: USDA-SCS Modified NOTE: 'Permissible Velocity based on 10-year storm peak runoff 'Soil erodibility based on resistance to soil movement from concentrated flowing water. 'Before grass is established, permissible velocity is determined by the type of temporary liner used. Selecting Channel To calculate the required size of an open channel, assume the design flo\v is uniform and does not vary with time. Since actual flow conditions change Cross -Section throughout the length of a channel, subdivide the channel into design reaches, Geometry and design each reach to carry the appropriate capacity. The three most commonly used channel cross-seetious are ''G'-shaped, parabolic, and trapezoidal. Figure 8.0 W gives mathematical formulas for the area, h;:draulic radius and top width of each of these shapes. 3.0;.4 TOPO! map printed on 12/14/09 from "Untitled. tpo" MN, TN 0 S I M¢ 9' q�.IWO PUT 0 .`W ,W)Nfr[eS Mep Greeted with TOP016@2003 Netimul Ge.g ph¢(wwwmtmwlgeopfnphemrtJtopo) MAR : 0 Z01t CAPE FEAR j Engineering, Inc. 151 Poole Road, Suite 100 BeWle, NC 28451 TEL (910)383-1044 FAX (910) 383-1045 www.capefearengineering.com To: NC DWQ Surface Water Protection State Stormwater Section 127 Cardinal Drive Ext. Wilmington, NC 28405 Attn: Mary Jean Naugle ❑ As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier Transmittal Date: I March 5, 2010 File: 845-02 "36" Subject I Express State Stormwater Management Permit Submittal Walgreens of Southport (Store #2530) Offsite to SW8 990435 ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 1 Original Application Fee $2,000.00 (check no. 3o5l ) 2 Original & Copy Stormwater Management Permit Application Form (SWU-101) 2 Original & Copy Off -Site System Supplement (SWU-106) 2 Copy DRAFT - Outparcel Deed Restrictions & Protective Covenants 1 Copy Design Narrative and Calculations 1 Copy USGS Map Identifying Site Location 3 Copy Stormwater Plans 1 Copy Property Deed 1 Copy Applicant Information from NC Secretary of State Database REMARKS If you have any questions please call me at 383-1044. Thank you, Matt Haley CC: File 845-02 "36" RECEIVED MAR 10 2010 Cape Fear Engineering, Inc. Signed: X40 Matthew Haley, E.I.) Received Bv: P9 51B45-02Wd.ln%STORMw R%E%PRESS SUBMITTAL 20101WALGREENS OFFSITBTrans_NCDENR-Walgreens 3-5-10doc Russell, Janet From: Matt Haley [matt.haley@capefearengineering.com] Sent: Tuesday, March 02, 2010 9:25 AM To: Russell, Janet Cc: Comer Lyons Subject: RE: Rescheduling of Express Review for Southport Lowes Mod (SW8 990435) and Walgreens Offsite Janet, I would like to confirm the Express Stormwater Submittal Meetings for this Friday March 5, 2010 at 10:00 and 11:00 AM I agree that the Lowe's Modification should go first and be followed by the Walgreen's offsite. It is my understanding that since the Walgreens applicant owns the property containing the existing Lowe's ponds, they will be present at both meetings. The Walgreens applicant has also assured us that a Lowe's representative will be available via telephone during the meeting to modify the Lowe's pond. MatthewT. Haley, El V) 3e'-P, • : Z q"SCkssecj Lo�ctS {�rFtG<<- fecorrA CAPE FEAR Engineering, INC matt.haley@capefearengineering.com 1�)�� MP`}� �¢ �"1 G�ont{- t SWG( A'fV 910.383.1044 ext. 136 P `�°^� ,D — 1\c r ��� ,�G �e �• Il C p �� Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. From: Russell, Janet [mailto:janet.russell@ncdenr.gov] Sent: Friday, February 26, 2010 1:21 PM To: Matt Haley Subject: RE: Rescheduling of Express Review for Southport Lowes Mod (SW8 990435) and Walgreens Offsite Thanks Matt for the update. From: Matt Haley [ma ilto: matt. ha ley@capefearengineering.com] Sent: Friday, February 26, 2010 1:20 PM To: Russell, Janet Subject: RE: Rescheduling of Express Review for Southport Lowes Mod (SW8 990435) and Walgreens Offsite Janet, I am currently in the process of confirming the meeting date and times with both Walgreens and Lowe's. I will either confirm or reschedule the meeting as soon as I hear back from the applicants. Matthew T. Haley, El CAPE FEAR Engineering, INC matt. haley@capefearengineering.com 910.383.1044 ext. 136 I 7)d -d=1-LC, Oy V-11� T-yr���I p�, q�VO'vzGYI rod � -poll B epp ry� `�te Brunswick I ou ty, Me llll st. §2J9J Ptl iea ae-ae.m0, 2 rends N. Clesmgne J Brunswick county, NC Reglaler or Dands page 1 f 3 Tptal Brenda N. Clemmens Register of Daeda 10-19-2009 16:96:00.001 Brunswick county, NC NC REVENUE STAMP: $500.00 (11192700) ' n^�, IOipLI!Nn Nnl :n+^: W i bft'2( NORTH C OLINARAL�SWaRPY DEED Ck$(0r.c I? CasnS �furnd: Ca=r: f _ Finance rV!+N'SUt1iR:.m!!'�I OS'1Fy'!nE'S.E M1.UI'M:EOn Moryma ^w!evnn7r'a' M'Ai.l,fni]I cvpM. Tax Lot No. Parcel Identifier No.: 22100074 Return after recording to Sandra L Darby. Esquire. P. 0. Box 10807. Southport, NC 28461 This instrument was prepared by Sandra L. Darby. Esquire, P. O. Box 10807, Southport, NC 2846 , Brief description for the Index: TWO � o 1.6 es, Southport, NC THIS DEED made this Lth day of October, 2009, by and between GRANTORS`'® GRANTEE �aQ . TRI CITY INC., e�w_�, 'WR �ERPRISES OF A NORTH CAROLINA CO ` ORATION ROCKIN HAM, INC. 36 RICHMOND PLAZA ROCKINGHAM, NC 28379 The designation Grantor and Grantee as used ein shall include said parties, their heirs, successors, and assipts, and shall include singular, plural, masculine, mine or neuter as required bV context. 2b� , WITNESSETH, that the Grantor, (o valual3 onsidera[�A!!Ar1,1he Grantee, the receipt of which is hereby acknowledged, has and by t se presents d rant, bargain, se and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the city of Southport, Brunswick County, North Carolina, and more particularly described as follows: SEE EXHIBIT A ATTACHED AND MADE A PART HEREOF FOR ALL PURPOSES. RECEIVED MAR 10 2010 BY:_-- lllfteftaz v IIIIIIII i IllilIIIIIIII�II IIIIIIIII B? ?@2a®e� W eel arv,su .k Cev,ty, NC Ragleter of needs pa9a t of 3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Graat Grant�"tg¢ gf the premises in fee simple, has the right to convey the same in fee simple, th tle ism table mud_�TUlawear of all encumbrances, and that Grantor will warrant and defend the Tole against the 1 claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinbefore described is subject to the following exceptions: 1. Any and all easements, anblic and private utility or rights of way of record or othervo affecting said oroperty. 6 2. Ad valorem taxes 010 and equent years. P:qft 3. Subject to all restrictions, limitations and reservations of record and as amended and supplemented from time to time. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. TRI 4 �OP 1 (Sea!) dent (Seal) STATE OF NORTH CAROLINA COUNTY OF 9 , (l9aQ� 1 ,the undersigned, a Noe Public said Coamftty od State, do hereby certify that Grantor herein being personally known to me or whose identity was evidenced by the form of a driver's license, personally appeared before me this day, and acknowledged that he is ) r. 5.4,4- of Tri City, Inc. a corporation, and that as /i "'*W4 being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official s or stamp, this the /day of October, 2009. Ci9 (SEAL -STAMP] Printed My commission expires: 9/:z S�J 3 t0.t9-ISP9 ,vcv vi �✓ ,..� �. � �� � . IIII II IIII IIIII Brunswick County, IIIIIIIII I I I III B29� p0284 .a o0t Southpo Store Na 0253o y, NC ter of DeedY 'Wj of 3 F•.xui a OO LEGAL DESCRIPTION OF LEASED PREMISES OUTPA CEL AND TRACT A QOMBINED Map Cabinet 36 Page 347 Brunswic ounty, NC Registry Beginning at a point, said point ving 1983� Q��ges in feet (N) 74957.620 (E) 2289254.951, said point eing Nort�degrees 09i�inutes 04 seconds East 443.60 feet from NCGS Monument SOUTHP T EAST BASE, said Monument having NO 1983 Grid Coordinates in feet (N) 74897,041 (E) 2288815.507, said point of beginning being on the Northern Right of Way Line of NO 211, thence leaving said Right of Way Line North 20 degrees 17 minutes 30 seconds East 203.05 feet to a point, thence South 70 degrees 54 minutes 48 seconds East 56.01 feet to a point, thence South 74 degrees 18 minutes 08 s nds East 266.88 feet to a point, thence South 15 degrees 41 minutes 52 seconds st B.82 fe"{f�a point, thence South 24 degrees 29 minutes 32 seconds West 11 feet a porn , uth 15 degrees 41 minutes 52 seconds West 103.52 fee a point, oint being ortheastern corner of 10' Access Easement to Lowe's sign, descriptio f said access easement: Beginning at a point, said point being the Southeastern corner of said easement, said point being on the Northern Right of Way Line of NO 211, thence with the Northern Right of Way Line of NO 211 North 20 degrees 28 minutes 08 seconds West 234.72 feet to a point, said point having NO 1983 Grid Coordin tea in feet (N) 74933.565 (E) 2289340.54, thence with the northern Right of Way Lin NC 211 North 74 degrees 18 minutes OB seconds West 85.06 feet to a point, the leaving s t of Way Line North 74 degrees 20 minutes 21 seconds East 45.�� feet td�pointth�69 degrees 31 minutes 39 seconds East 10.00 feet to �7 point, then outh 20 deg s 28 minutes 21 seconds West 34.99 feet to a point, thence North degrees 18 minutes 08 seconds East 308.98 feet to a point, said point being the Northeastern comer of said access easement, thence South 15 degrees 41 minutes 52 seconds West 10.00 feet to point of beginning of 10' access easement to Lowe's sign, thence resuming. description of Combined Outparcel And Tract A Combined, South 15 degrees 41 minutes 52 seconds West 10.00 feet to Northern Rlgh�?"Way Line of NO 211, thence with said Right of Way Line North 74 degrees 18 ml s 08 secodftst 323.63 feet to place and point of beginning, containing 1.66 Tots, morgkless. G �p � ash Presactm J . 1 Ret IRN�S�, T0ta1 Rev ��6�p P ,QT0 Cwa�CashB II�IIIIiI(III IIII'llllllllllll111 III BYrlNR M. memnere Bow PL`n,"n,M:,r a�mrn w�� :_RnanrR_ _ x�ea�erowntliBon Brunswick County, NC Register of Deeda page 1 of 16 oniN��'al ,riAork"1 !'•n;a'"'!n 0.'rv4",C.UA tlrWOkd. CONSTRUCTION DEED OF TRUST SECURING FUTURE ADVANCES COLLA74f IS OR INgM, FIXTURES o RECORDATION REQUESTED BY: ` RBC Bank (USA), Henderson (095 Branch), Lending Service Center, 407 S. Chestnut SL, Henderson, NC 27636 WHEN RECORDED MAIL TO: This Deed of Trust prepared by: X Sauda T Darby A-57¢Q4 ��Q r'Im Glenda Reaves •RBC k (USA(- LFitl Service Center O THIS DEED OF TRUST Is dated October 15, 2009, among Fare Enterprises of Rockingham, Inc., whose address is 1800 Rockingham Rd. Suite 36, Rockingham, NC 28379 ("Grantor"); RBC Bank (USA), whose address is Lending Service Center, P.O. Box 1220, Rocky Mount, NC 27802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and CB Services Corp., whose address is 134 North Church Street, PO Box 1220 , Rocky Mount, NC 27802 (referred to,,(T"�w as "Trustee"). CONVEYANCE AND GRANT. NOW, THEIjARE, as sec#; r the Indebtedness, advancements and other sums expanded by the Beneficiary pulse to thi Deed of ii of collection (including attorneys' fees as provided in fhe Note) and oth4 aluable cd"F57deretian, the race Q which Is hereby acknowledged, Grantor has bargained, sold, given, g ted and conveyd does by these presents bargain, sell, give, grant and convey to Trustee, and Trustee's heirs or successor and assigns, for the benefit of Lender as Beneficiary, all of Grantors rtght, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties• and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the �geal Property") located in Brunswick County, State of North Carolina: ,(S4 See Attached Exhibit A, which is a to this DeeAA a�rQ,�iadee a part of this Deed of Trust as if fully set forth herein. °�u�({(� The Real Property or its address is commonly known as 8 Southport Supply Road, Southport, NC 28461. The Real Property tax identification number Is 208712954042. To have and to hold said Real Property with all privileges and appurtenances (hereunto belonging, to the yam® b� vn "'r0 JIIIIf19IlIfIIIIIIi B298s Brenda D. Clemmon.xe. osx 4ele County, N eglstar of Dead. Page 2 of IB DEED OF YRUST (Continued) Page 2 Trustee, his helm, successors and assigns forever, upon the trusts, terms and conditions and for the uses hereinafter set forth. Grantor presently assigns to Lender (also NOE as Bone In this Deed of Trust) all of Grantor's right, title, and Interest In and to all present and tut leases of the all Rents from me Property. In addition, Grantor grants to Lender a Uniform C�ol erolal security, inte sersonal Property and Rents. THIS DEED OF TRUST, INCLUDINAHE ASSIGNME F RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HE ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RE D DOCU�MEn�N^TS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DE TRUST. T4(ISQW, OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: iPfha,_O FUTURE ADVANCES. The IndebtedrAs secured by t ad of Trust iiissllfsfor present and future obligations and this Deed of Trust is given to secure all present and future obligations of Grantor to Beneficiary. The period in which future obligations may be incurred and secured by this Deed of Trust is the period between the date hereof and that date which is fifteen (15) years from the date hereof. The amount of present obligations secured by this Deed of Trust Is $ 0.00 and the maximum principal amount, including present and future obligations, which may be secured by this Deed of Trust at any one time Is Three Million Two Hundred Sixty-eight Thousand & 00/100 Dollars ($3, 8,000.00.) Any additional amounts advanced by Beneficiary pursuant to the provisions of this Deed of shall be deemed necessary expenditures for the protection of the security. Each future advance need n e evidenced tten instrument or notation signed by Grantor or any other person evidencing or slip ng ih uch adva QQ by this Deed of Trust. All future obligations shall be considered to bed ade purse requireme U North Carolina General Statutes Sections 45-67. at. seq., or any amendments thereto. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Comma Code, as those sections have been adopted by the State of North Carolina. �M,� POSSESSION AND MAINTENANCE OF�31 0 ERN. �'�'bte r, 5. that Grantors possession and use of the Property shall be governed by the fol4owtng pro ns: "'r'(1�s�0 Possession and Use. Until the occurrence of an Ev of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Rontor represents and warrants to Lender that: (1) During the period of Grantors ownership of the party, there s been no use, generation, manufacture, storage, treatment, disposal, release or thmajq9d release of (♦ us Substance by any person on, under, about or from the Property; (2) GWntor he knowledge o , .gpn to believe that there has been, except as previously disclosed to4d ackno 1e by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, nufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person lllft% P� TD �0 y Registe�r 82985 P02813�f.e60e2 CamEof Deeds page wa�rck DEEDRUST (Continued) Page 3 relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tena contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treV, Ispose of or release any Hazardous Substance on, under, about or from the Property; and (b) an ch activity r�� conducted In compliance with all applicable federal, state, and local laws, re dens a%ordmanceS'��ithout limitation all Environmental Laws. Grantor authorizes Lender d its agen (enter upon the arty to make such inspections and tests, at Grantors expense, as Lender may deem a ypdate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantors due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such I s; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, los liabilities, amages, penalties, and expenses which Lender may directly or indirectly sustain or suffe, sultlng from �� this section of the Dead of Trust or as a consequence of any use, gene�.�vLV n, me alum store 1, release or threatened release occuning prior to Grantors own p or intare the Property, whe er or not the same was or should have been known to Grantor. The provisions of thi action of the Deed of Trust, including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the, I perty or any portion of the Property. Without limiting the generality of the foregoing, Grantor wil(�""77iit remove, or grant to any other party the right to remove, any limber, minerals (Including oil and coal, clay, s"¢g'�„ il, gravel or rock products without Lenders prior written consent. )?nrz.._ p Removal of Improvements. Grant Br shall not dam or remove any Improvements from the Real Property without Lenders prior written consent. As a condib to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lenders Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to Lenders interests and to inspect the Real Property for purposes of Grantors compliance with the terms and fhditons of this Deed of Trust. Compliance with Governmental Requ(� ents. GrarLy g11 promptly comply with all laws, ordinances, and regulations, now or hereafter effecj, of all gV�Nen�ir�i authorzes applicable to the use or occupancy of the Property, inclu without I„�fi)aban, the Amen nh Disabilities Act. Grantor may contest in good faith any sucjjjFFF���"""''' law, ordinanmN, regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lenders interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set %0 above in this section, which from the character and use of the Property are reasonably necessary to p act and presM the Property. Construction Loan. If some or ell e pro rapgas of G e%'3rncrgp g,_t�a Indebtedness are to be used to construct or com lets constro of an Im�2em'ents on the only, the Improvements shall be completed no later than the maturity date of the fte (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to Insure that the interest created by this Deed of Trust shall have priority over all possible liens, including a ,� ��a 0,, 4I IIII�(il 11114J,111III 8fr2 Nedes P0288emans 2 of 16 DEED OF TRUST (Continued) Page 4 those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipted bills, ense affidavits, waivers of liens, construction progress reports, and such other documentation as Lend arp y reasonably request. DUE ON SALE - CONSENT BY LENDER nder ay, at'Cr xpqppjj�� n, declare immediately due and payable all sums secured by this Deed of 7m pon the a or transfer, w". nders prior written consent, of all or any part of the Real Property, any interest a Real Property. A 'sale or transfer means the conveyance of Real Property or any right, fitie or inter t in the Real Property, whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability w Perry, transfer also includes any change in ownership of more than twenty-five percent (25%) of the vofi tock, partnership interests or limited liability company interests, as the case may be, of such Grantor. Ho er, this optiesnsba11 not be exercised by Lender if such exercise is prohibited by federal law or by North C na la is3%,�, j� TAXES AND LIENS. The following visions tale o the taxes and liehs on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and Impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deetivif Trust. I //�M Right to Contest. Grantor may wit Id pa ant oYahrmyn¢sgssment, or claim in connection with a good faith dispute over the oblige to pay, sng s Lender sin the Property is not jeopardized. If a lien arises or is filed as a ra$ult of nonpay Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days afte Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any Costs and reasonable attomeys' fees. or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grant shall name Lender as an additional obligee under any surety bond furnished in the contest procesdin Evidence of Payment. Grantor shall . on demand fr r' 4e der satisfactory evidence of payment of the taxes or assessments and sit uthorizerk appropriate let official to deliver to Lender at any time a written statement oft `taxes and ass ents against the roperty. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor Can and will pay the Cost of such improvements. PROPERTY DAMAGE INSURANCE. The foli rng provisions relating to insuring the Property are a part of this Deed of Trust .14 Maintenance of Insurance. Gran hall p re an �m,�lmy�e�s of fire insurance with standard extended coverage endomeme on a reel ent basis for V_Dfull insurable value covering all Improvements on the Real Property in an amount s ient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor IIIII��cu �aN taw ly, ����������r Brenda M. C Lems��:`fi az DEED OF TRUST (Continued) Page 5 shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably 're. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender d issued b a company or companies reasonably acceptable to Lender. Grantor, upon request of Le r, will deliveri.�d,�r from time to time the policies or certificates o/ insurance in /arm satisfactory ender, luding stlp65�F) t'';jj��77aa,,��coverages will not be cancelled or diminished without at least ten )days prio en notice to L`ehSiNi. Each Insurance policy also shall include an endorsement providing that coverage in or of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor sbopnomptly n ender of any loss or damage to the Property. Lender may make proof of loss if GpA`n�or fail%to do so w 15) days of the psually. Whether or not Lender's security is impaired�i 1der may, enders elecbon, ive and retain the proceeds of any insurance and apply the proceeds to the reduclio the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or rest on of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, th pay accrued Interest, and the remainder, if any, shall be applied to the principal balance of the Inde dness. If L s any proceeds after payment in full of the Indebtedness, such proceeds shall paid tofCj ntor as r sis may appear. Grantor's Report on Insurance. span request of err, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of i sumnce showing: (1) the name of the insurer, (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action odroceeding is commenced that would materially affect Lenders interest in the Property or if Grantor fail comply n provision of this Deed of Trust or any Related Documents, including but not limi[edto tors tilun�r pay when due any amounts Grantor is required to discharge or pay under as oh st or any Re mans, Lender on Grantors behalf may (but shall not be obligated to) a any actionLender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, icumbrances and other claims, at any time levied or placed on the Property and paying all costs far insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rat charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned ong and be payable with any installment payments to become due during either (1) the term of any app Kle insurance policy; or (2) the remaining term of the Note; or (C) he treated as a balloon payment whipwill be due q0 able at the Note's maturity. The Deed of Trust also will secure payment of these amoegq s. Su dght vsYrlJ�d.ticn to all other rights and remedies to which Lender may ba entltled upon D� ult. (y�0p WARRANTY; DEFENSE OF TITLE. The following pmw s relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee 4 a C9G�Q�Qi?3�p�D a a. 0-19-2009 a.1f#tyl0'll�.t[�r 6298�dP0290�fiaef.efisez DEED RUST (Continued) Page 6 simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Dee Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trt�to Lender. U /�y�� Defense of Title. Subject to the cepliorlq the p�q�ph'dba}i�r raptor warrants and will forever defend the title to the Props galnst the la claims of all persons. In the event any action or proceeding is commenced that questions Grantor's ti or the interest of Trustee or Lender under this Deed of Trust. Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor wanan that the Property and Grantor's use of the Property complies with all existing applicable laws, ordine , and regulations of governmental authorities. Survival of Representatlons and W nfies. All re�i'pY§i qrIs� warranties, and agreements made by Grantor in this Deed of Trusts survive execution -rnd 2F of this Deed of Trust, shall be continuing in nature, and shall rerAin in full tome ffect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such at as may be necessary to defend the action and obtain the award. Grantor may be the nominal pa n such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented4d the prone rMA,bgcounsel of its own choice, and Grantor will deliver or muse to be delivered to nder s insirumerif�Ir cir?"t Sentation as may be requested by Lender from fine to time to permi ch particip uCtss o APPIICation of Net Proceeds. If all or any part & the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or lender in connection with the condemnation. IsiPOSITION OF TAXES, FEES AND CHAR BY GOVEti2NMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and c ties are a par[=�ppd of Trust: Current Taxes, Fees and Charges pop req by Lender, Gohall execute such documents in addition to this Deed of Trust take whateve her action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part o e Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor Is auth ed or requf,(,,t�o, deduct from payments on the Indebtedness secured by this type of Deed of Tru (3) a tax on'Wis-�'r,q Deed of Trust chargeable against the Lender or the holder of the Note; a (4) a�' Pro tax on alY tir ortion of the Indebtedness or on payments of principal and interest de by Grentc . Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax WceftZT1@D Iillllfi0f4lllllllllll B2985 geed, �:8az lck Csun! sglsler of Deeds 1 DEED OF RUST (Continued) Page T before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a su lent corporate surety bond or other security satisfactory to Lender. /fin SECURITY AGREEMENT; FINANCING ST MENTS. ThP& visions relating to this Deed of Trust as a security agreement are a part of thi�s�ii ad of T�a Security Agreement This instrAwnt shall cons a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property me rdos, Lender may, at any time and without further authorization from Grantor, file executed counterpart pies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Le r for all exp ncurred in perfecting or continuing this security interest Upon default, Grantor shal t rem ve, sever F� Personal Property from the Property. Upon default, Grantor shall assem any Pers mpe�rty�{not a r the Property in a manner and at a place reasonably convenient to CAntor and Land. make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of T,m�V po�w�i�n,.,, Further Assurances. At any time, �FY from time to"fiM'fE uest of Lender, Grantor will make, execute and deliver, or will cause t� matle, uteri or deliver ntler or to Lender's designee, and when requested by Lender, cause Gbe filed, reco refired, or rerecorded, as the case may be, at such times and in such offices and places as Lender may m appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and nor liens on the Property, whether now owned or hereafter acquired by Grantor. The lien of this �aVpd,ed of Trust and the security interest granted hereby will automatically attach, without y Do to all aRer�ppujrad property attached to and or used in the operation of the Property or any part reof, ��JJnless pro i �I�y� or Lender agrees to the contrary in writing. Grantor shall reimhurse Le or all ciRt and expenses inE1')r& in connection with the matters referred to in Ihis paragraph. cccccVVVVV Attomey-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fad for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all l? Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under Deed of Tr�� r shall execute end deliver to Trustee a request for full reconveyance and shall a to an liver to Gran statements of termination of any financing statement on file evidencing ti der's secu M�erest in the Ren and the Personal Property. Any reconveyance fee required by law shall �e paid by GrantoP,"i�pernitted by applicable law. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: ilfil�Ill#H��I �IIIIIIIIIIIIIII B29� pa29z t0-le-4209 0,0 �q Brenda h. Cl aaeonsemz s�iok Ceram NC Register of Oaads Page a of to Brun DEED OF RUST (Continued) Page Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of L�}mtor within the time required by this Deed of Trust to make any payment for taxes or insurance, or en her payme�,g9oessary to prevent filing of or to effect discharge of any lien. a�,m�� v Q(RQII ^ Other Defaults. Grantor fails comply w`idY9r to perform an UtlmOr term, obligation, covenant or condition contained in This Dee of Trust or in Assof the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default In Favor of Third Parties. S Grantor default under any loan, extension of credit, security agreement, purchase or sales agreeme or any oth agreement, in favor of any other creditor or person that may materially affect any ntor's pmpe7AdCCrapsor's�ity to repay the Indebtedness or Grantor's ability to perform G es oblr€gatons under i'�§�oof Trust or any of the Related Documents, False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collaterallzation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect Qncluding failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termindon of Grairiytence as a going business, the insolvency of Grantor, the appointment of a rect for an5e cart of G an any assignment for the benefit of creditors, any type of creditor w%kbut, or the cement of anV ceeding under any bankruptcy or insolvency laws by or against Grantor. ""��oopp�® Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantors accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by ntor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture pr eding and if Grantor gives Lander written notice of the creditor or forfeiture proceeding and deposits th Lender m@ ppg„gr a surety bond for the creditor or forfeiture proceeding, in an amount determine LendpT, 'n its s'orei'iis`�bl' as being an adequate reserve or bond for the dispute. "q*141 � "'���''�D Breach of Other Agreement Any breach by Granted under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period pmvlded therein, including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies o , ecomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the/Indeeness. AtiverseChange. A material advee ccurs in & ncial condition, or Lender believes the prospect of payment or performan�In ddness is impair Insecurity. Lender in good faith believes itself inset% Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve If 2) months, it AN III [JJ l #QJJ1illlllll 11 P0293to ra06:f8.¢03 ulck County, Register of U ads Ciemmons page g s 16 DEED OF TRUST (Continued) Page g may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) d ; or (2) if the cure requires more than fifteen (15) days, Immediately initiates steps which Lent deems in Lender's sole discretion to be sufficient to cure the default and thereafter continuesantmpletes all i$ttaona2le and necessary steps sufficient to produce compliance as soon as reasonablal. j�r72„_O RIGHTS AND REMEDIES ON DEFAan Even Default ecwrs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or mar& of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantors failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall a the right at Its option without notice to Grantor to declare the entire Indebtedness immediately due payable, irNiadjgg_any prepayment penalty which Grantor would be required to pay. `�'�ICCSS-CCss 5'��-,��'(,!,(�� Express Power of Sale Provisiorr� pan the rap lion or request o(Cender, it shall be lawful for and the duty of the Trustee, and the Trustee is hereby auth ibred and empowered, to expose to sale and to sell the Property at public auction for cash, after having first complied with all applicable requirements of North Carolina law with respect to the exercise of powers of sale contained in deeds of trust or such other sales appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the powers granted in this Deed of Trust, or ursuant to any order and any judicial proceeding or otherwise, the Property may be sold as an entirety n separate parcels and in such manner or order as Lender in its sole discretion may elect Trustee s� be authori o hold a sale pursuant to North Carolina General Statute Chapter 45. If Trustee bus TNh.11extingulsh erty covered by this Deed of Trust at one or more separate sales in an arm py ePplica Carolina law, and any exercise of the powers granted in this DeetP of Trust or exhaust such powers, until the entire Property is sold or the Indebtedness Is paid iuch Indebtedness is now or hereafter further secured by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security instruments, Lender may at its option exercise the remedies granted under any of the security agreements either concurrently or independently and in such order as Lender may determine. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender all have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full ant providedby�rp,Uy, Lapplicable law. UCC Remedies. With respect to all any p of the PPeWr gkpl ender shall have all the rights and remedies of a secured party unde " e Uniform mercial Code. Collect Rents. Lender shall have the tight, without n Ice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantors attomey-in-fact to endorse instruments received in payment thereof I the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or othe sers to Lender in response to Lenders demand shall satisfy the obligations for which the payments a ode, wheth ��gg//,,jj��ot any proper grounds for the demand existed. Lender may exercise its rights under s subppragmphh"ffe d'@1pSrygn,nby agent, or through a receiver. Appoint Receiver. Lender shall the righ""t ttnn�8"."-W e a receiver a113pCp(oo�Red to take possession of all or any part of the Property, with the power to protect god preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lenders right to the appointment of a receiver shall exist whether or not the apparent Y6Qc�, II�Ulili�ll NII�IIDIIRIII111 szsss aazsa l° ,9_]ae9002 Is armde e. Clemmoro fir' lek County, N igist<r or 0eedz page 10 0 .1r 16 mf I6 DEED OF (Continued) Page 10 value of the Property exceeds the Indebtedness by a substantial amount, Employment by Lander shall not disqualify a person from serving as a race' r. Tenancy at Sufferance. If Grantor ins in pos Ion of the Property after the Property is sold as provided above or Lender otherwis ecorrrq�a�s anti ���pp��s�s ssion of the Property upon default of Grantor, Grantor shall become a t nt at stiH"Vnce of LendeY Murchaser of the Property and shall, at Lender's option, either (1) p%y a reasonab(�temtat for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. ""'' , Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after whi�)1 any private sale or other intended disposition of the Personal Property is to be made. Reasonable nc shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of th arsenal Pmee #dnay be made in conjunction with any sale of the Real Property. CCtS,(y�Q�//ss�r�/fnn�� Sale of the Property. To the a permitted b licable law. GrariFor hereby waives any and all rights to have the Property marshalled. In exercising its ng'his and remedies, the Trustee or Lander shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all er any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust. Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Wheb(♦)er or not any court action is involved, and to the extent not prohibited by law, all reasonable expen 6 Lender incurs that in Lenders opinion are necessary at any time for the protection of its interest or enforcement [s shall become a part of the Indebtedness payable on demand and shall beer rest a Note raZ r to of the expenditure unfit repaid. Expenses covered by this paraph include, out limita[ionever subject to any limits under applicable law, Lenders reasonable attorneys' fees Lenders legal expanses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs®, In addition to all other sums provided by law. Rights of Trustec. Trustee shalt have al grthe rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSYr The g �fo,�llowi R relating to the powers and obligations of Trustee am part of this Deed of Trust�:i "fir (r�:(ft Powers of Trustee. In addition doll powers of Tr a arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lander and Grantor. (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Trustee. Trustee shall meet all qualiflca s required for Trustee under applicable law. In addition to the rights and remedies set forth above, respect to ,@Ij�q any part of the Property, the Trustee shall have the right to foreclose by notice and , enders t� ( �hht to foreclose by judicial foreclosure, in either case in accordance with the fu,ttent provided b�djipl�able law. Trustee's Fees. The Trustee's commission shall be fly(e percent (5%) of the gross proceeds of the sale for a completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor shall pay all expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issues a nW ��� IIIIINI�II ICI �I6IIIIIIIIIIII yes p0�s5 10-19-1009 erurtwio f De. A. .g. 11 fa IS Raplelar of aeads page 11 of 16 DEED OF TRUST (Continued) Page 11 notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hearing; three -fourths of the commission after a ring; and the full commission after the initial sale. Express Power to Substitute a Trust.4 Lender shall ve the irrevocable right to remove at any time and from time to time without limit U rustee named" of Trust without notice or muse and to appoint a successor by an ins ent in �tluly ack-ndf4) in such a form as to entitle such written instrument to be recorded In the Ste ,j North Carolina; and, in the event of the death or resignation of the Trustee named in this Deed of TrA&t. Lender shall have the right to appoint a successor by such written instrument, and any Trustee so appointed shall be vested with the title to the Property, and shall possess all the powers, duties and obligations herein conferred on the Trustee In the same manner and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee. NOTICES. Any notice required to be given under this Deed of Trust, Including without limitation any notice of default and any notice of sale shall be giv n writing, and shall be effective when actually delivered, when actually received by telefacsimile (unle thenvlse rrr aired by law), when deposited with a nationally recognized overnight courier, or, if mail when deposiPe°i'��{{@@,, oiled States mail, as first class, certified or registered mail postage prepaid, dire to th@„'dresses si'id04 a beginning of this Deed of Trust. Any parry may change ks address �r notices undLfiajs Deed of Trust giving formal written notice to the other parties, specifying that the purpose of the notice i5 to change the parry's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ANTI -MONEY LAUNDERING AND ANTI -TERRORISM. Grantor represents, warrants and covenants to Bank as follows: (1) Grantor (a) is not and shall not ome a person whose property or interest in property is blocked or subject to blocking pursuant to Secti 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions Persons Wh"rY ft Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (b) d note a in and &&a�ge in any dealings or transactions prohibited by Section 2 of such eze ve order, an- ' an�_ot and shall no lherwise become associated with any such person in any manner violative of Section 2, (c`r}rds not and shall not become a person on the list of Specially Designated Nationals and Blocked Persons, and (d) Is not and shall not become subject to the limitations or prohibitions under any other U.S. Department of Treasury's Office of Foreign Assets Control regulation or executive order; (2) Grantor is and shall remain in compliance, in all material respects, with (a) the Trading with the Enemy Act, as amended, and each of the foreign assets control regulations of the United States Treasury Department (31 CPR, Subtitle B, Chapter V, as amended) and any other enabling legislation or executive order relating thereto, and (b) the lPiting And Strengthening America By Providing Appropriate Tools Required To Intercept And Obstruct Terroi fr l (USA Pat Act of 2001); and (3) Grantor has not and shall not use all or any part of the proceeds, �vances or othr#Ws� r sums constituting or evidenced by the Obligations, directly or indirectly, for ai y paymtoany gaverrnr+a c f6cial or employee, political parry, official of a political party, mnd&"r political o I or anyone else a ng in an official capacity, in order to obtain, retain or direct business or obtain any impmpeeiadvantage, In violation of the United States Foreign Corrupt Practices Act of 1977, as amended. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the partie,� as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trusl,{h`311 be effective unless given in writing and signed by the party or parties sought to be charged or bound y the alterdtig"" amendment. Annual Reports. If the Property i ed forep uses otheft-a (w�gg��,,oes residence, Grantor shall famish to Lender, upon request, a cert d statement et operating in8g, received from the Property during Grantors previous fiscal year in such form and det s Lender shall require. 'Net operating income' shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. ' I. P0196 10-19-2009 o III IIV1Y ICk �Ie111 �1I,tf��U'!III III tar of Oeada P.9902 of I6� DEED OF�RUST (Continued) Page 12 Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provislo of this Deed of Trust. Merger. There shall be no merystt.ily, interest o��jj �tate created by this Deed of Trust with any other interest or estate In the Propertime_ held bjYSE' f�'n enefit of Lender In any capacity, without the written consent of Lender.+@ti,p D Governing Law. This Dead of T be goveme'd+py federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of North Carolina without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender In the State of North Carolina. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of the State of North Carolina, in the county in which Grantor's following address is located: 1800 Rockingham Rd. Suite 36, Rockingh , NC 28379. No Waiver by Lender. Lender shall n e deemed to have waived any rights under this Deed of Trust unless such waiver is given in wri[in d signed by � delay or omission on the part of Lender in exercising any right shall opere[e a waivd f such righijr right. A waiver by Lender of a provision of this Deed of Trust II not preju I or constitute a w ver of Lenders right otherwise to demand strict compliance with that provision or any her provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabillty. If a court of competent 'diction finds any provision of this Deed of Trust to he illegal, invalid, or unenforceable as to any o mstance, tha6Ki hall not make the offending provision illegal, invalid, or unenforceable as to a other rcumstance.� the offending provision shall be considered modified so that it be as legal, v� E;' enforceable. a offending provision cannot be so modified, it shall be considered eleted from this �d of Trust. Unless otherwise required by law, the Illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property I ecomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Gm s successors with reference to this Deed of Trust and me Indebtedness by way of forbearance qlextension v,�djd djeleasing Grantor from the obligations of this Deed of Trust or liabilityunder the 1 tedne�'sv�, �vll��'Cs Time Is of the Essence. Time is a is in"l%gerforma�\nceof t�his Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terns not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary' mea BC Bank (USA), and its successors and assigns. Borrower. The word "Borrower' me Fare Enterpiqdckingham, Inc. and includes all co-signers and co -makers signing the Nate and theU s ssors an S�Siyi(Q Dead of Trust. The words "DeedQf Trust" mean t' Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and 3, curity interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled weeRlIvIzaa !I� k C u,tIIII�IIIIIIIIIIII 82985 eels) re-z0o9 B unsuiek Ceunt Brenda h, ClemmensxB. aa2 Y, C Ragialar of deeds page 13 of tB DEED OF RUST (Continued) Page 13 "Default". Environmental Laws. The words "Envir - ental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to protection human health or the environment, including without limitation the Comprehensive Env' entsl Reap sation, and Liability Act of 1980, as amended, 42 U.S.C. Section 980 t seq. RCLA" ,the Act of 1986, Pub. L. No. 9 ) °P"e'3R4r, Amendments and Reauthorization Section 1801, at seq., the Resource Conservation a He ActMat, 42sU.S.C. Sect Section e95egs or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default The words "Event of Default' mean any of the events of default set forth in this Deed of Trust in the default section of this Deed of Trust. Grantor. The word "Grantor" means Fare Enterprises of Rockingham, Inc.. Guarantor. The word "Guarantor' me any guarantor, sure or accommodation a the Indebtedness. h'• party of any or all of Guaranty. The word "Guaranty" s the g ty from Guaaranfop ender, including without limitation a guaranty of all or part of the No®. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characterisfics, may muse or pose a present or potential hazard to human health or the envimnment when improperly used, treated, stored, disposed of, generated, manufactured, transported or oherw'se handled. The words 'Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or It�d under the Environmental Laws. The term "Hazardous Substances' also includes, without limik'ff`, n, petroleu� and petroleum by-products or any fraction thereof and asbestos. , Ci f pQ�� Improvements. The word "Ice '"ieme1 hTs all existin future improvements, buildings, structures, mobile homes affixe on the Real r",nrty, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discha(9a Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations urYrPr this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. 4' v� //aa�� Lender. The word "Lender" means Bank (@f ), its succea signs. Note. The word "Note" mea the Note da _Pctober 15, 2009 in the principal amount of $3,268,000.00 from Borrower to Lender and any other Note from Borrower to Lender pursuant to which future advances intended to be secured by this Agreement are made, together with all present and future obligations evidenced thereby and secured by this Agreement and together with all renewals, extensions, modifications, refinancings, and substitutions for the Nate. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words 'Personal perty" mean all equipment, fixtures, and other articles of personal property now or hereafter own y Grantor, ow or hereafter attached or affixed to the Real Property, together with all accessions, no and add't'pp)J„n�caments of, and all substitutions for, any of such property; and together h all p s (mcluding @@limitation all insurance proceeds and refunds of premiums) from anycs Is or other di motion of the Property. Property. The word "Property means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described ClftOR7 ,,?�D � ILck �f N ul ��� ���r 82985 P0Y98Of Deeds page � " of Bai DEED OF RUST (Continued) ,,,,e „ in this Deed of Trust. Related Documents. The words 'Relat ocuments" mean all promissory notes, credit agreements, loan agreements, environmental agreeme guarentia$�n ecurity, agreements, mortgages, deeds of trust, security deeds, collateral mortgage nd all other irM moments and documents, whether now or hereafter axisdng, executed in nectlon ' the Indebte n Dp Rents. The wortl "Rents" mean all present and rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property, Trustee. The word "Trustee' means CB Services Corp., whose address is 134 North Church Street, PO Box 1220 , Rocky Mount, NC 27802 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS, GRANTOR: FA4Rockingh O ROCKI M. INC. By: it , Jr., a of Fare Enterprises of . •°za o P® /'*%"" �zz? IIIIIIIIf�III#p IIIIIIIIIII �runsulck Coun y, eplsler DEED OFTRUST Bz9a� p0zss 10-19-3009 16: 0e:fa.NN3 erende n. Cle.eore f Deeds peg. 15 of 16 (Continued) Page 15 CORPORATE ACKNOWLEDGMENT STATE OF NORTH CAROLINAz v �Qqtii)) , a � )SS COUNTY OF I,_ the undersigned ,a Notary Public for said County and State, do hereby certify that Claude F. Smith, Jr., P dent of Fare Enterprises of Rockingham. Inc. personally came before me this day and acknowledged that (or she) is President of Fare Enterprises of Rockingham, Inc., a corporation, and that he/she, as Preside f Fare Enten'llft f_Rockingham, Inc. being authorized to do so executed the foregoing on behalf of th rporado YAh.,_O Witness my hand and Notarial Seal this the 15th day of October pg 09 My Commission Expires: Ui5'E ;L,¢"ndiri 1. Ver. 5.46.00.003 opr. .. Reserved. - NC SER d or Print-6d Name ((���� u6�Jc�amyx og) U �fRl FIfD %I . / c"' pC DD Inc. 1997. 855 PR-37 NEC of US 133 and US 211 IIIIII IIII III IIIII IIIIIIIIIIII II B ?�3G ° °�°0� o Southport,Store No. 02530 srunwlek County, NC R stare ➢meads ,page I O FAR TF1 T'P 4 LEGAL DESCRIPTION OF LEASED PREMISES OUTPARCEL AND TRACT A COM�IED Map Cabinet 36 Page 347 Brunsllc County, i�1� gistry G? Beginning at a point, said po' having P 83 Grid C0000r` Mates in feet (N) 74957.620 (E) 2289254.951, said point being North degrees 09 minutes 04 seconds East 443.60 feet from NCGS Monument SOUTHPORT EAST BASE, said Monument having NC 1983 Grid Coordinates in feet (N) 74897.041 (E) 2288815.507, said point of beginning being on the Northern Right of Way Line of NC 211, thence leaving said Right of Way Line North 20 degrees 17 minutes 30 seconds East 203.05 feet to a point, thence South 70 degrees 54 mi s 48 seconds East 56.01 feet to a point, thence South 74 degrees 18 minutes 0 econds E�6 88 feet to a point, thence South 15 degrees 41 minutes 52 seco est 82 feet thence South 24 degrees 29 minutes 32 seconds West 1 07 feet t oint, thence nth 15 degrees 41 minutes 52 seconds West 103.52 feet to a point, sai oint being the Northeastern comer of 10' Access Easement to Lowe's sign, description of said access easement: Beginning at a point, said point being the Southeastern comer of said easement, said point being on the Northern Right of Way Line of NC 211, thence with the Northern Right of Way Line of NC 211 North 20 degrees 28 m' utes OB seconds West 234.72 feet to a point, said point having NC 1983 Grid Coor ates in feet (N) 74933.565 (E) 2289340.54;. thence with the northern Right of Way a of NC 21(iD74 degrees 18 minutes 08 seconds West 85.06 feet to a point, t ce lei' said t �)I Line North 74 degrees 20 minutes 21 seconds East 4� 6 feet to a t, thence Sou 69 degrees 31 minutes 39 seconds East 10.00 feet to a point, thence outh 20 degrees 28 minutes 21 seconds West 34.99 feet to a point, thence North 74 degrees 18 minutes 08 seconds East 308.98 feet to a point, said point being the Northeastern corner of said access easement, thence South 15 degrees 41 minutes 52 seconds West 10.00 feet to point of beginning of 10' access easeme.�t to Lowe's sign, the resuming description of Combined Outparcel And T?F1 combined South 15 degrees 41 minutes 52 seconds West 10.00 feet to Northerof Way Li 211, thence with said Right of Way Line North 74 degrees 18s 0 conds Q3feet to place andpoint of beginning, containing 1.66more o s. Suknr-\N"-a North Carolina Department of Environment and ®F•� Natural Resources Request for Express Permit Review NCDENR For DENR Use ONLY Reviewer x Submit Time: t �� Confirm 3=2— ;6 "'rl FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Include this form in the application package. W O r 3— • Asheville Region -Alison Davidson 828-296-4698;alison.davidson(glncmail.net • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(<dncmail.net • Mooresville & -Patrick Grogan 704-663.3772 or patrick.grogan(cbncmail.net • Washington Region -Lyn Hardison 252-946.9215 or Ivn.hardison(glncmail.net • Wilmington Region -Janet Russell 910-350-2004 or janetrussellnancmaii.net NOTE: Project application received after 12 noon will be stamped in the following work day. Project Name: WALGREENS STORE #2530 County: BRUNSWICK Applicant: JOE MENDOLACompany: TRI-CITY, INC. Address: 36 RICHMOND PLAZA City: ROCKINGHAM, State: NC Zip: 28379 Phone:910-997-2544 Fax: Email: Project is Drains into C SW waters Project Located in Cape Fear River Basin Engineer/Consultant: Comer Lyons Company: CAPE FEAR ENGINEERING, INC. Address:151 POOLE ROAD City: BELVILLE, State: NC Zip: 28451 Phone: 910-383-1044 Fax::910-383-1045 Email: comer.lvons()CapeFearEnoineerino.com (Check all that apply) ❑ Scoping Meeting ONLY ® DWO, ❑ DCM, ❑ DLR, ❑ OTHER: BflSi r, 7zn ❑ Stream Origin Determination: # of stream calls — Please attach TOPO map marking the areas in questions ® State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ® Off -site [SW 8990435 (Provide permit #)] ❑ High Density -Detention Pond _ # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —Constructive Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems ❑ MODIFICATION SW _ (Provide permit #) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK #_ (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW ❑ Wetlands (401): Check all that apply Wetlands on Site ❑ Yes ® No Wetlands Delineation has been completed: ❑ Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ❑ Yes ❑ No Fee Split for multiplepermits: Check # Isolated wetland on Property ❑ Yes ® No Buffer Impacts: ® No ❑ YES: acre(s) Minor Variance: ® No ❑ YES Major General Variance ® No ❑ YES 401 Application required: ❑Yes ® No If YES, ❑ Regular Perennial, Blue line stream, etc on site ❑ yes ® No For DENR use only Total Fee Amount SUBMITTAL DATES 1 Fee I SUBMITTAL DATES Fee $ Variance ❑ Mai; ❑ Min $ rLCAMA HD, El LD, ❑ Gen $ 401: $ 7 $ Stream Deter,_ $ c clry fo� u 1 , e- -- u ji '� Q i MC®ENR FILL-IN all the information Coordinator along with a t of the project location. Inc 6uja 0`1o(ol"I aksm'%+ For DENR Use ONLY North Carolina Department of Environment and Ravlewer:IA 7 Natural Resources Submit I_(p Request for Express Permit Review Time: a oc Confirm t2-1-5 CHECK the Permits) you are requesting for express revlew. FAX or Email the completed form to Express application package. • Asheville Region-Allson Davidson 828.298.4898;alison.davidson(alncmail.net • Fayetteville or Raleigh Region -David Lee 919-791.4203; davld.leena ncmail.net • Mooresville& -Patrick Grogan 704.883-3772orpatrick.erooancncmall.net • Washington Region -Lyn Hardison 252-946.9215 or Ivn.hardisonfincmail,net • Wilmington Region -Janet Russell910-350.2004 or lanst.russollAncmall.net <1 - 12:QEv 4 A�3-, A-AAr NOTE: Project application received after 12 noon will be stamped in the following work day. Project Name: WALGREENS STORE #2530 County: BRUNSWICK Applicant: JOE MENDOLACompany: TRI-CITY. INC. Address: 36 RICHMOND PLAZA City: ROCKINGHAM, State: NC Zip: 28379 E C E ) V E D Phone:910.997-2544 Fax: Email: _ D Project is Drains into C: SW waters Project Located In Cape Fear River Basin DEC 15 2009 Engineer/Consultant: Comer Lyons Company: CAPE FEAR ENGINEERING, INC. Address:151 POOLE ROAD City: BELVILLE, State: NC Zip: 28451 DWQ Phone: 910-383-1044 Fax::910.383.1045 Email: comerJyons(a)CapeFearEngineerina.com PROJ n (Check all that apply) ❑ Scoping Meeting ONLY ® DWQ, ❑ DCM, ❑ DLR, ❑ OTHER: _ ❑ Stream Origin Determination: # of stream calls - Please attach TOPO map marking the areas in questions ® State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales E]Off-site[SW (Provide permit #)] ® High Density -Detention Pond 1 # Treatment Systems [:]High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems [:]High Density -Constructive Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems ❑ MODIFICATION SW _ (Provide permit #) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with — acres to be disturbed.(CK #_ (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW ❑ Wetlands (401): Check all that apply Isolated wetland on Property ❑ Yes ® No Wetlands on Site ❑ Yes ® No Buffer Impacts: ® No ❑ YES: acre(s) Wetlands Delineation has been completed: ❑ Yes ❑ No Minor Variance: ® No ❑ YES US ACOE Approval of Delineation completed: ❑ Yes ❑ No Major General Variance ®No ❑ YES 404 Application in Process w/ US ACOE: ❑ Yes ❑ No 401 Application required: _]Yes ® No If YES, E]Regular Permit Received from US ACOE ❑ Yes ❑ No Perennial, Blue line stream, etc on site ❑ yes ® No For DENR use only Fee Sniit for multiple oermits: (Chock # 1 Total Fee Amount $ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ Variance Mai; Min $ SW ❑ HD, ❑ LD, ❑ Gen $ 401: $ LQS 1 1 $ 1 Stream Deter,_ $ -Vt7 L. (I LTti4 -%-- ;Zo(o pefro Q snTE, ��--Qo(o Date Filed: 10/19/2009 8:56:00 AM Elaine F. Marshall CD-479 50) Business Corporation North Carolina Annual R North Carolina secretary of state 8-21 .0� CA200934300660 This report maLbe filed online at the Secretary of State website: www.sas Name of Business Corporation: FARE ENTERPRISES OF ROCKINGHAM, INC Fiscal Year Ending: 07/31/08 Slate of Incorporation. NORTH CAROLINA MortWDayrYear Secretary of State ID Number: 0050701 I hereby certify that the information requested below (required by NCGS 55-16.22) has not changed since the most recently filed annual report and is therefore complete. Nature of Business: EQUIPMENT RENTAL Registered Agent: CLAUDE F. SMITH, JR. Registered Office Mailing Address: 36 RICHMOND PLAZA County: RICHMOND City: ROCKINGHAM State: NC Zip Code: 28379 Registered Office Street Address: 36 RICHMOND PLAZA County: RICHMOND City: R N H State: NC Zip Code: 28379 Signature of New Registered Agent: (Sign r c en olhe appoinlmenb Principal Office Telephone Number: (910) 997— 44 Principal Office Mailing Address: 36 RICHMOND PLAZA City: ROCKINGHAM State: NC Zip Code: 28379 Principal Office Street Address: 36 RICHMOND PLAZA City: ROCKINGHAM State: NC Zip Code: 28379 Name, Title, and Business Address of Principal Officers: Name: CLAUDE F. SMITH, JR Title: PRESIDENT Address: PO ROX 10 City: MARSTON State: NC Zip: 28363 Name: Title: Address: City: State: Zip: Name: Title: Address: City: State: Zip: Certification of nual r u com to b all Business Corporations). /or 9�aq.. og b ea by w ohicer of cmporw,v) Dale Type or Pant Na a Tire NCCZ0501 09117107 Google Maps Page 1 of l Goo8le maps Get Google Maps on your phone i Text the mrd "GMAPS" to466453 rvmnaww /r - �Weterwey Inaaetwayl f � C 4$ 6lyrtle� 67 Fansfon � (r,% p�O/11.V�1p`� �y " k'- 1✓6 t` Se'nr0reeze p,ps�q^7, 211 s6l r�`- pa°t Carolina ,\r✓/�'\j`„ \`S+y�r�'1 J s\: 6 \•each fS\`Boding y. I 13 Pleslwre� �f �L(� Spdng Lrskesti�* � � 0 0 rsland Su; t SunseYV �([MMi ta t t ///Y /A\ l �ry�OCCen `o! r.�\ \ 4 TenUlnall Q (iBeach iSUnny}POifrt () KU eLgach °S`\ Jp �, 211 Oak Ialantl Southport � t+Intreco8st8 �^^n _Ldrp`Beach' _ t 1 r y. v io Fit. OltllWBterwBy "—':Oak `&10no,yawpp O �t Beach iBen- Q ` !BaklHeatl� lilaritl'�� ®2009 Google -Map data 02009 Tele Atlas -Term http://www.google.com/maphp?hl=en&q=&ie=UTF8&11=33.950195,-78.068848&spn=0.6... 6/30/2009 pw s"i-e- k-o CiC,043-->� ot� \k5c'r "DO &bq (C tl_J '�� r NC®ENR j North Carolina Department of Environment and Natural Resources Request for Express Permit Review FILL-IN all the Information below and CHECK the Permlf(a) you are requesting for Coordinator along with a completed DETAILED narrative, site plan /PDF file) and r of the project location. Include this form In the application package. • Asheville Region-Allson Davidson 828.296.4698;alison.davidson(alncmail.net • Fayetteville or Raleigh Reglon-David Lee 919-791.4203; davld.lee(alncmail.net • Mooresville & -Patrick Grogan 704-663-3772 or patrick.grooan(dncmail.net • Washington Region -Lyn Hardison 252-946.9215 or Ivn.hardison(Ulncmail.net • Wilmington Reglon-Janet Russell 910.350.2004orjanst.russell(alncmail.net For DENR Use ONLY Revlewer: Xd, �)11 Submit OTCV % ) Time: f6a " I Confirm cdf revlew. FAX or Email the completed form to Express NOTE: Project application received after 12 noon will be stamped in the following work day Project Name: WALGREENS STORE #2530 County: BRUNSWICK Applicant: JOE MENDOLACompany: TRI-CITY, INC. Address: 36 RICHMOND PLAZA City: ROCKINGHAM, State: NC Zip: 28379 Phone:910-997-2544 Fax: Email: Project is Drains into C SW waters Project Located in Cape Fear River Basin Engineer/Consultant: Comer Lyons Company: CAPE FEAR ENGINEERING, INC. Address:151 POOLE ROAD City: BELVILLE, State: NC Zip: 28451 Phone: 910-383-1044 Fax::910-383.1045 Email: comer.Iyonsnc CageFearEnaineedng.com (Check all that apply) ❑ Scoping Meeting ONLY ® DWQ, ❑ DCM, ❑ DLR, ❑ OTHER: 10 °O — 12, 00 r l 2 o_c l� CoC��crto tit PUm{� �ECE VED JUN 12 2009 PROJ # DWDW' O Go9vlE't� v-�P_k N , f-u2 j�2o.Kr'�. ❑ Stream Origin Determination: # of stream calls — Please attach TOPO map marking the areas in questions ® State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bl Rmp, ❑ Clear & Grub, ❑ Utility ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit It)] j ® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Blo-Retention _ # Treatment Systems ❑ High Density —Constructive Wetlands _ # Treatment Systems ❑ High Density -Other . # Treatment Systems ❑ MODIFICATION SW _ (Provide permit #) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK #_ (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW ❑ Wetlands (401): Check all that aooly Wetlands on Site ❑ Yes ® No Wetlands Delineation has been completed: ❑ Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ❑ Yes ❑ No Fee Solit for multlole permits: (Check# Isolated wetland on Property ❑ Yes ® No Buffer Impacts: ® No ❑ YES: acre(s) Minor Variance: ® No ❑ YES Major General Variance ® No ❑ YES 401 Application required: ❑Yes ® No If YES, ❑ Regular Perennial, Blue line stream, etc on site ❑ yes ® No For DENR use only Total Fee Amount $ SUBMITTAL DATES I Fee I SUBMITTAL DATES Fee CAMA 1 $ Variance Me]; Q Min)$ SW ❑ HD, ❑ LD, ❑ Gen $ 401: $ LoS $ Stream Deter,_ $ L. I); I rb E C E ..Il V ED JUN 12 2009 DWO PROJ # Janet M. Russell Express Coordinator 910 796-7421 NOTE: change in email address: ianet.russell@ncdenr.gov Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. DESIGN NARRATIVE General: The proposed Walgreens site in Southport is located off NC 211 in front of the Southport Lowes Home Improvement in Brunswick County, North Carolina. The subject site is a commercial development of 1.66 Acres that will utilize the existing Lowes wet detention basin for stormwater control. The Lowes pond is permitted under NCDENR stormwater permit # SW8 990435. Proposed improvements include: the Walgreens building, onsite parking, sidewalks and infrastructure improvements. This project will be completed in one phase. The project drains to Jump & Run Creek (SC; Sw) through the existing Lowes water quality Pond #1. Existing Site: The project site is a graded outparcel fronting NC 211 in Southport, NC. The site falls towards NC 211 at +/- 2.5 % and has an existing piped outlet to the east and under the Lowes driveway which will be abandoned in place during the project. Groundeover is well established and consists of hearty grasses and shrubbery with some small hardwoods (less than 2-inch DBH). Field observations and the Brunswick County Soil Survey indicate that in situ soils are primarily Leon sands (most likely in a poorly drained state). No wetlands are on the site and no impacts are proposed Proposed Stormwater Improvements: Drainage will typically flow from the building and parking areas into grate inlets within the paved areas. Curb and gutter will direct drainage to low points consistent with these grate inlets. Stormwater will enter the engineered collection system and pipe network where the design storm and accompanying local jurisdiction control volume will be temporarily stored. Volume above these volumes will bypass to the NC 211 roadside ditch. After the design volumes are contained, they will pumped to the existing water quality pond's forebay and treatment regime in conformance with NCDENR and Southport requirements prior to discharge toward the receiving stream. E C (E 1 V E D JUN 12 2009 DWO PROJ ri Drainage Considerations: All impervious drainage from the project site will be captured in an engineered system and treated in accordance with governing regulations. Erosion Control Considerations: All sediment on -site will be contained through the use of Silt fence and wire and gravel inlet protection prior to site stabilization. Maintenance Considerations: During construction, the Contractor shall be required to inspect and repair as needed all erosion control devices after any significant rain event. Any measure found not performing its intended function, shall be repaired immediately. Upon completion of construction the establishment of permanent ground cover will be a priority. Russell, Janet From: Comer Lyons [comer.lyons@capefearengineering.com] Sent: Friday, June 12, 2009 2:26 PM To: Russell, Janet Cc: Janet.Russell@ncmail.net, tricityjvm@bellsouth.net MRowland, Scott Kennedy Subject: Request to schedule express review Attachments: Request-for-review_845-02_6-12-09.pdf; Express-narrative_845-02_6-12-09.pdf; 845-02 _Site -Location. pdf Janet: Please find the attached `pdf' tiles requesting express review for a proposed Walgreens store in Southport. We discussed this briefly during the last SeaWatch Marina meeting (6-8-09) and I understand that we're probably looking at the week of June 22. Let me know where we stand and have a great weekend, Comer <<Req uest-for-review_845-02_6-12-09. pdf» <<Express-narrative_845-02_6-12-09. pdf» «845-02_Site-Location. pdf» F. Comer Lyons, P.E. Cape Fear Engineering, Inc. 151 Poole Road, Suite 100 Belville, NC 28451 910.383.1044 phone 910.383.1045 fax www.capefearenvinecrim,.com Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. ,^ NOTICE O E CONNDENTIALITY AND NONDISCLOSURE Thisc[CC ban it messuyc,W NdI ndudesnnYadachnrents and other ducwnen[s referreJ to hrreiu.contait, si nforrnuliu it (ruin Wither& \� Ravcncl. Itic. lfiat miry be Icvully privileged and cunflde nlial. 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Inc. or receipt of th is mossogc by the wupent or any other party. t= cn 0 v o C.7 ra N o ��.{; Igo• �= fill���� TW GRAMR-Md ■ �ii I I I I 1116•ea ett'DO- • 2 �r• A NEw STORE FACILITY FOR: ®WE S IqE'i, L0 'S OF SOUTHPORT ('. .�e 41 '1�{i4 r. W