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HomeMy WebLinkAboutSW8120708_HISTORICAL FILE_20120809STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 �10-10 8 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS tV HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20k2 0$Oq YYYYMMDD WI NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor August 9, 2012 Mr. Ronnie B. Matthews, Manager R&S Matthews Properties, LLC PO Box 87886 Fayetteville, NC 28304 AND Division of Water Quality Charles Wakild, P. E. Director Mr. Thomas C. Miller 429 E. Creekview Dr Hampstead NC 28443 Mr. Mark Padgett 1875 NC Highway 172 Sneads Ferry, NC 28460 Subject: State Stormwater Management Permit No. SW8120708 Taco Bell - Sneads Ferry High Density Commercial Wet Detention Pond Project Onslow County Dear Mr. Matthews, Mr. Miller, and Mr. Padgett Dee Freeman Secretary The Wilmington Regional Office received a complete Stormwater Management Permit Application for Taco Bell — Sneads Ferry on August 6, 2012. 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 120708 dated August 9, 2012, for the construction, operation and maintenance of the BMP's and built -upon areas associated with -the subject project. This permit shall be effective from the date of issuance until August 9, 2020, and shall be subject to the conditions and limitations as specified therein. The designated permit holder, R&S Matthews Properties, LLC, shall be responsible for meeting the conditions and limitations specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. Please be aware that it is the responsibility of the permit holder, R&S Matthews Properties, LLC, to notify DWQ of any changes in ownership and request an ownership/name change for the stormwater permit. However, please be reminded that if the agreement to purchase the property between R&S Matthews Properties, LLC and Thomas Miller and Mark Padgett is dissolved, cancelled or defaults, and DWQ is not notified by R&S Matthews Properties, LLC to transfer or rescind the permit, then the responsibility for permit compliance reverts back to the property owners. As the property owner, Thomas Miller and Mark Padgett must notify DWQ immediately of the permit ownership change and submit a completed Name/Ownership form to DWQ within 30 days. Otherwise Thomas Miller and Mark Padgett will be operating a stormwater treatment facility without a valid permit. This is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, being taken against the property owner, Thomas Miller and Mark Padgett". Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910.796-72151 FAX: 910-350.20041 DENR Assistance: 1-877623-6748 NorthCarofina Internet: www.ncwaterquality.org ;Vaturallll An Equal Opportunity 1 Affirmative Action Employer State Stormwater Management Systems Permit No. SW8 120708 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adtudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. 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 Christine Nelson, at (910) 796-7215. Sinc rely, s4w �; Charles Wakild, P.E., Director Division of Water Quality GDS/ can: S:\WQS\Stormwater\Permits & Projects\2012\120708 HD\2012 08 permit 120708 cc: Jack Reel). Thomas & Hutton Engineering Onslow County Building Inspections Wilmington Regional Office Stormwater File Paqe 2 of 8 State Stormwater Management Systems Permit No. SW8 120708 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO R&S Matthews Properties, LLC Taco Bell - Sneads Ferry Intersite Intersection of Village Dr and Hwy 210, Sneads Ferry, Onslow County FOR THE construction, operation and maintenance of one (1) wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter collectively referred to as the "stormwater rules') the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until August 9, 2020, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 of this permit. The stormwater control has been designed to handle the runoff from 28,400 square feet of impervious area. 3. A 50' wide vegetative buffer must be provided and maintained adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. 4. A vegetated filter strip is not required for this wet detention pond as it has been designed to remove 90% of the total suspended solids. 5. The tract will be limited to the amount of built -upon area indicated in this permit, and per approved plans. The built -upon area for the future development is limited to 1,000 square feet. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system. Paqe 3 of 8 State Stormwater Management Systems Permit No. SW8 120708 The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, ?cres: Onsite, ft : Offsite, ftZ: b. Total Impervious Surfaces, ftZ: Onsite, ft : Offsite, ftZ: C. Design Storm, inches: d. Average Pond Design Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMS.�: g. Permanent Pool Surface Arei, ft h. Permitted Storage Volume, ft : i. Temporary Storage Elevation, FMSL: j. Pre-dev. 1 yr-24 hr. discharge rate, cfs: k. Controlling Orifice: I. Orifice flowrate, cfs: M. Permitted Forebay Volume, ft3: n. Fountain Horsepower o. Receiving Stream/River Basin: p. Stream Index Number: q. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 12 1.186 51,660 none 28,400 28,400 none 1.5 3.0 90% 56.0 4,024 5,178 57.0 0.03 1.0" O pipe 0.01 1,602 n/a UT to Mill Creek / White Oak 19-39-3-1 "SA, HQW' (>'/z mi) The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall, at all times, provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The signed and approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Decorative spray fountains will not be allowed in the stormwater treatment system as the permanent pool volume is less than 30,000 cubic feet. The facilities shall be constructed as shown on the approved plans. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. Paqe 4 of 8 State Stormwater Management Systems Permit No. SW8 120708 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval. 12. It is the responsibility of the permit holder, R&S Matthews Properties, LLC, to notify DWQ of any changes in ownership and request an ownership/name change for the stormwater permit. However, please be reminded that if the agreement to purchase the property between R&S Matthews Properties, LLC and Thomas Miller and Mark Padgett is dissolved, cancelled or defaults, and DWQ is not notified by R&S Matthews Properties, LLC to transfer or rescind the permit, then the responsibility for permit compliance reverts back to the property owners. As the property owner, Thomas Miller and Mark Padgett must notify DWQ immediately of the permit ownership change and submit a completed Name/Ownership form to DWQ within 30 days. Otherwise Thomas Miller and Mark Padgett will be operating a stormwater treatment facility without a valid permit. This is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, being taken against the property owner, Thomas Miller and Mark Padgett". 13. 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. 14. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. Paqe 5 of 8 State Stormwater Management Systems Permit No. SW8 120708 III. GENERAL CONDITIONS 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 permittee or of the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change Form to the Division of Water Quality, accompanied by the supporting documentation as listed on 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 permit conditions until such time as the Division approves the transfer request. Neither the sale of the project in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 3. Any individual or entity found to be in noncompliance with the provisions of this storrmwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in G.S. 143 Article 21. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit remains in force and effect until modified, revoked, terminated or renewed. 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. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee shall submit a permit renewal request at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit issued this the 9th day of August, 2012. NORTH CAROLIN&-ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Paqe 6 of 8 State Stormwater Management Systems Permit No. SW8 120708 Taco Bell - Sneads Ferry Stormwater Permit No. SW8 120708 Onslow County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Paqe 7 of 8 State Stormwater Management Systems Permit No. SW8 120708 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized and located per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. 16. All components of the stormwater BMP are located in either recorded common areas, or recorded easements. cc: NCDENR-DWQ Regional Office Onslow County Building Inspections DWQ USE ONLY Date Received Fee Paid Permit Number —� EHi Applicable Rules: ❑ Coastal SW - f095 -23Coastal SW - 2008 ❑ Ph 11 - Post Construction (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 stay be pliotocopied far 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.): Taco Bell Sneads Ferry 2. Location of Project (street address): Intersection of Village Drive & Hwy 10 (south west corner) City:Sneads Ferry County:Onslow Zip:28460 3. Directions to project (from nearest major intersection): 12 mile north on Hwy 210 from the intersection of 210 & Hvvy 172. Site located on west side of 210 at 4. Latitude:340 33' 14" N Longitude:77° 26' 31" W of the main entrance to the project. It. PERMIT INFORMATION I, a. Specify whether project is (check one): ®New ❑Modification b.lf 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): ❑CAMA Major ❑NPDFS Industrial Stormwater ®Sedimentation/Erosion Control: 1.52 ac of Disturbed Area ❑404/401 Permit: Proposed Impacts b.lf any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permitan process Form SWU-101 Version 07Jun2010 Page I of 6 RECEIVED JUL 2 4 2012 BY: III. 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 project): Applicant/Organizalion:R & S Matthews Properties, LLC Signing Official &'ritle:Ronnie B. Matthews - Member/Manager b. Contact information for person listed in item 1a above: StreetAddress:10191 Ramsey Street City:Linden State:NC Zip:28356 Mailing Address (if applicable):PO Box 87886 City:Fayetteville State:NC Zip:28304 Phone: (910 ) 323-9700 6maif:ron@ffinc.net Fax: (910 ) 323-9703 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 lorded on): Property Owner/Organization:see attached Signing Official & b.Contact information for person listed in item 2a above: Street Add Mailing Address (if Ci tv: Phone: ( ) Fax N 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & Title: b.Contact information for person listed in item 3a above: Mailing Address: Phone: ( ) Fax: Email: 4. Local jurisdiction for building permits: Point of ContactKris Stowe Phone 4: (910 ) 455-3661 RECEIVED form SWU-101 Version 07Jun2010 Page 2 of 6 JUL 2 4 2012 LBY�: Property Owner of "Lot No, 1, Coastal Village, Section V Thomas C. Miller 429 E. Creekview Drive Hampstead, NC 28443 PH:910-264-5666 Fax:910-328-4684 email: ddthome@aol.com Deed Book 2291, Page 13-14 Property Owner of "Lot No. 2, Coastal Village, Section I" Mark Padgett &wamo ag (Owner) 1875 NC Highway 172 ; 5 PH:910-327-1967 �Y'b ac aBy6o Fax: N/A email: mpadgettrls@hotmcil.com Deed Book 1703, Page 527-528 RECEIVED JUL 2 4 2012 BY:�_ IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be t Bated. Runoff from impervious surfaces will be treated by the proposed wet detention basin 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. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW - 1995 ❑ Ph 11 - Post Construction 3. Stormwater runoff from this project drains to the White Oak River basin, 4. Total Property Area: 1.186 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 Arew:1.186 acres Total project area shall be calculated to exclude thefollowing the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calnrlate overall percent built upon area (B UA). Non-constal wetlands Inndward of the Nf IW (or NI HW) line tnny be included in the total project area. S. Project percent of impervious area: ('total Impervious Area / Total Project Area) X 100 = 55 % 9. Flow many drainage areas does the project have?1 (For high density, court I for each proposed engineered stortnw(Iter BMP. For low density and other projects, use I 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. Basin Information Drainage Area 'I Drainage Area Drainage Area Drainage Area Receiving Stream Name fio Mill Creek Stream Class * SA;HQW >'/ Stream Index Number * 19-39-3-1 Total Drainage Area (so 51,660 On -site Drainage Area (so 51,660 Off -site Drainage Area (so 0 Proposed Impervious Area** (so 28,400 % Impervious Area*, total 55 Impervious'* Surface Area Drainage Area 1 Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 2,515 On -site Streets (so 0 On -site Parking (so 22,985 On -site Sidewalks (so 1,900 Other on -site (so 0 Future (so 1,000 Off -site (so 0 Existing BUA*** (so 0 Total (so: 28,400 ` Stream Class and Index Number can be determined at: hh»://portnLncdenr.or /wab/wq/ps/csu/dnssiatinns *' Imppervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Report only flint amount of existing BUA that:vill rennin after development. Do not report any existing BLIA that is to be removed and which will be replaced by new BLIA. R ECEIVED Form SWU-101 Version 07Jun2010 Page 3 of 6 2 4 2012 11. How was the off -site impervious area listed above determined? Provide documentation. Projects in Union County: Contact DWQ Central Ofjicestaffto check ifthe project is located within a Threatened & Fndangered Species watershed that mqv be subject to more stringent stornnvater requirements as per AiCAC 02B 0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://r)oi4tal,ncclenr.ore/web/wohas/su/ban-manual. V1. 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://portaLncciennorg/web/wq/ws/su/statesw/forms does. 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 http://portal.ncdenr.org/web/wq/ws/sii/maw,) 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://portal.iicdeiir.org/web/wq/ws/su/statesw/foiiiis does. initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII beloto) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M �fD agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to <'IP-- http://wwev.envhelp.orgL ages/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.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor CR the project. This is required m 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 receiving stream drains to class SA waters within'h mile of the site boundary, include the'h mile radius on the map. 7. Sealed, signed and dated calculations. 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. I. 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 structin'es, 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 ISUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished Floor elevations. I. 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). I�RECEIVED Form SW U-101 Version 07Jun2010 Page 4 of 6 JUL 2 4 2012 �Y: 9 Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations ur addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5x11" 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: Schedide a site visit for DWQ to venfy the SHWT prior to submittal, (910) 796-7378.) 10, A copy of the most current property deed. Deed book: 2291 / 1703 Page No: 13-14/527-528 (1-_ 11 For corporations and limited liability corporations (]-LC): Provide documentation from the NC .MZ 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,secretarv.state.nc.us/Corporations/CSLarcti.ispx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must 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://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. 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. 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.Lck D. Reel, PF LEED AP Consulting Firm: Thomas & Hutton Engineering Co Mailing Address215 South Kerr Avenue City:Wilmington State:NC Zip 28403 Phone: (910 ) 332-3400 rni,iii:reel.i@tl)omasiiadhutton.com Fax: (910 ) 332-3361 IX. PROPERTY OWNER AUTHORIZATION (if Con tact Information, item 2 has been filled out, complete t/cis section) 1, (print or type name of person listed in Contact Information, item 2a) see attached , certify that 1 own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact information, item la) with (print or type name of organization listed in Contact Infonnation, ilern la) 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. RECEIVED JUL 2 4 2012 Form SWU-101 Version 07Jun2010 Page 5 of BY: VX- PROPER FY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, cwnplete this section) 1, (print or type name ofperson listed in Contact Information, item 2a) Thomas C. Miller , certify that I own the property identified in this permit application, and thus give permission to (print or typenume tfperson listed in Contact Information, item la) Ronnie B. Matthews with (print or type mane oforganizotion fisted in Contact Information, item /n) R&S Matthews Properties. LLC 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 D WQ Stormwater permit reverts back to Line, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/ Ownership Change Form within 30days; otherwise I will be operating a Stormwater treatment facility without a valid permit. I understand that the operation of stmmwaler treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: lam— Date: L .2-- Y\ , a Notary Public for the State of N , County of �f do hereby certify that �v v��Y'0.5i�,��'1v��-e.,V personally appeared before me this day of the due execution ofthe application for a stormwater permit. Witness my hand and official SEAL My commission expires 9LA a— � Property Owner of "Lot No. I, Coastal Village, Section 1" Thomas C. Miller 429 E. Creekview Drive Hampstead, NC 28443 PH: 910-264-5666 Fax:910-328-4684 email: ddthome@aol.com Deed Book 2291, Page 13-14 RECEIVEf JUL 2 4 2012 BY:�_ Fonn SWU-101 Version 07Jun2010 Page 6 of 7 IX PROPER'I'1'O\VNERAUTHORIZATION(if Conlcrcl/rrfa'motion,iican2husbecn fllcclonl,completetlris section) I, (print or ppertmne of person lis(edin Conmet Information, item 41) Mark Padgett ,certify that I own the property identified in this permit application, and thus give permission to (print or type nameofperson listed in Contacl information, item ln) Ronnie B. Matthews with (prow or 1Vpe neune oforgonizanon lie'tecl in Contact Information, itch Ia) R85 Matthews Properties, LLC 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 D WQ 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 1 will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalise up to $25,000 per day, pursuant to NCGS 143-215.6, Sig natuteeAAk Date: % )q I, }� C oAn IC, �/j. (J Gf�L/ , a N/otta�ry Public for the State of_A/ , County of a[ 49-K, doherebycertify that // (�f /K �Q-�Q e personally appeared before m'e this /Iday ofJ , z0/Z,_, and �acknowledge � the due execution, of the application stormwater permit. Witless my hand and official seal,—/%`�'�-'�lr/� SEAL My commission expires —'1/ 1,5, Property Owner of "Lot No. 2, Coastal Village, Section 1" Mark Padgett Surveying (Owner) 1875 NC Highway 172 PH:910-327-1967 Fax: N/A email: mpodgehrls@holmail.com Deed Book 1703, Page 527-528 Form SWIJ-101 Version 07Jun2010 Page 6 of for a JUL 2 4 2012 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 valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: 1, , a Notary Public for the State of _ , County of do hereby certify that before me this _ day of personally appeared and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expi X. APPLICANT'S CERTIFICATION 1, (print or hjpe name ofperson listed in Contact information, item la) A/zY -i P -.1'd(��-{ k1f'aJ S certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H .1000, SI, 2006-246 (Ph. 11 - Post Construction) or St.2005-211. Date: 7-1k- ! 2-- LItt!� a Notary Public for the State of w0!_7 /L�yQ111PiLt County of do hereby certify that—j2,oA4.j_"-/.Y.Ik—'Afso C _ personally appeared before me this 19 day of V V _, �/� and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, r�lu� lj fy( �Q�c _ 2 01, a—. ,- SEAL 'Gt My commission expires_ -3 D%S Form SWU-101 Version 07.1un2010 Page 6 of RECEIVED JUL 2 4 2012 BY: MEMORY TRANSMISSION REPORT TIME :08-09-'12 15:38 FAX NO.1 :910-350-2018 NAME :DENR Wilmington FILE NO. 984 DATE 08.09 15:32 TO : 8 93323361 DOCUMENT PAGES 9 START TIME 08.09 15:36 END TIME 08.09 15:38 PAGES SENT 9 STATUS OR *** SUCCESSFUL TX NOTICE Stata of No[Yh Caroupp D�pvr[mav[ of Hvvtrovmmt vvd Nvtu[at Re[our�m Wpmtaptoe Raplooal OQtw B�[oQr R lvbr�. Ovve[avr FAX COVER 9HEHT Dnw FY�rtrrw./H�s�rafary To: ���lJ E/�/G Fmm: Jv Cavmdr ) 121 Oave 8..21 Wpminptuo. NC 11111 . (910) 716-02 11 . wn Bq l Opportunity AlHn 11H Acaoa .—W. cr a Beverly Eaves Perdue, Governor Date: State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office FAX COVER SHEET Dee Freeman, Secretary To: Fax: No. Pages (excl. cover): From: Jo Casmer Phone: (910)796-7336 _ Fax: (910)350-2004 127 Cardinal Drive Extension, Wilmington, NC 28405 • (910) 796-7215 • An Equal Opportunity Affirmative Action Employer MEMORY TRANSMISSION REPORT FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 983 08.09 15:32 8 919103239703 9 08.09 15:32 08.09 15:36 9 OK *** SUCCESSFUL TX NOTICE TIME FAX NO.1 NAME *** .s.o..<m.nr or ¢vtiroem.et ..a tV•a..... u..nnr�.. W Ism 1.Q.n. Rp�ona Omva ae.vrp'Perm P�Miq (bv.rnr.r FAX COVER SHEEP :08-09-'12 15:36 :910-350-2018 :DENR Wilmington IL. Raawuw. S.�r.�.ry 0��— No. Yageo (excl_ cover): r9101796-7..G ' 12'l CeaJ innl q'ive Cufan nlon. W14nInQ[o n. NC 28.OJ � <910)'/96-921J � An EquL Oppor4.nity ARlnnatl vc go[lon Bm ploycr Beverly Eaves Perdue, Governor State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office FAX COVER SHEET Dater Co: Fax: y'Gy� /o'1O-5;7D r Dee Freeman, Secretary No. Pages (excl. cover): )!�r— From: Jo Casmer Phone: (910) 796-7336_ Fax: (910)350-2004 127 Cardinal Drive Extension, Wilmington, NC 28405 • (910) 796-7215 • An Equal Opportunity Affirmative Action Employer Nelson, Christine From: Reel, Jack [reel.j@thomasandhutton.com] Sent: Tuesday, August 14, 2012 8:54 AM To: Nelson, Christine; Hall, Rhonda Cc: Richards, John Subject: Taco Bell Sneads Ferry Express Stormwater SW8 120708 and Land Quality Attachments: New Deed for Miller Tract.pdf; New Deed for Padgett Tract.pdf Rhonda and Christine, Please find the attached deeds for the Taco Bell in Sneads Ferry. R&S Matthews is the permittee and now the land owner. Please add these to your file and confirm that you don't need anything else from me. Thank you for your timely issuance of those permits. Jack D. Reel, P.E., LEED(r) AP BD+C Wilmington Regional Director Thomas & Hutton www.thomasandhutton.com reel.i(dthomasandhutton.com (P) 910-332-3400 (F) 910-332-3361 ,y 1 Nelson, Christine From: Reel, Jack [reel.j@thomasandhutton.com] Sent: Monday, August 13, 2012 10:10 PM To: Nelson, Christine Cc: Richards, John Subject: Re: Taco Bell Sneads Ferry I think you may have answered it. They are the permittee. make sure we notified DENR officially that they have title deed. Thanks much. Sent from my iPhone Jack Reel Thomas & Hutton www.thomasandhutton.com (P) 910.332.3400. (F) 910.332.3351 They just closed so I wanted to . We will send you and Ms Hall the On Aug 13, 2012, at 10:06 PM, "Nelson, Christine" <christine.nelson(@ncdenr.gov> wrote: > Jack, > I am a bit confused. Isn't R&S Matthews listed as the permittee on the permit (the second or third page after the cover letter)? The other language was added in to protect everyone if the contract didn't go through. You should have to do anything other than maybe submit a copy of the new deed supporting/confirming R&S Matthews as the new owner. Am I/did I miss something? > Christine > From: Reel, Jack [reel.j@thomasandhutton.com] > Sent: Monday, August 13, 2012 3:58 PM > To: Nelson, Christine > Cc: Richards, John . > Subject: Taco Bell Sneads Ferry > Christene, > How do we use this form to indicate that the permittee is now the property owner? Recall R&S Matthews is the permittee. I don't really see where there is a box to check to let you know they now own the property. We shouldn't have to get the sellers to sign anything because they weren't the permittee. Please advise. STORMWATER AND EROSION CONTROL DESIGN CONSIDERATIONS FOR; TACO BELL SNEADS FERRY, NC PREPARED FOR: R & S MATTHEWS PROPERTIES, LLC. CAgp��y, •_q THOMAS & HUT C. ENGINEERS C p • F-0871 ,, , •. CAR �` r �opEss/ol F161NEER,•° Qy 9, „R ICvk'Q*-` 3 Au6 12 J - 23988 AUGUST 3, 2012 CE AUG 0 6 2012 or _ Prepared by: THOMAS & HUTTON Savannah, GA I Charleston, SC I Myrtle Beach, SC I Brunswick, GA I Wilmington, NC TABLE OF CONTENTS LOCATIONMAP..................................................................................................8 1 /2" x 1 1 " map SECTION 1 — Project Narrative SECTION 2 — State Stormwater, Sediment and Erosion Control Calculations . 2.1 Wet Detention Basin Supplemental Calculations 2.2 Sediment Basin Design Considerations 2.3 Culvert Design Considerations Specifications: Site Clearing Soil Erosion Control Storm Drainage Grassing Revision Summary: VICINITY MAP PROPOSED ACTIVITY: TACO BELL SNEADS FERRY CLIENT: R & S MATTHEWS PROPERTIES, LLC LOCATION: SNEADS FERRY, NORTH CAROLINA DATE: July 10, 2012 SHEET: 1 OF 1 JOB NUMBER: J - 23988.0000 SCALE: 1" = 2000' THOMAS & HUTTON Engineering I Surveying I Planning I GlS I Consulting 215 South Kerr Avenue • Unit B Wilmington, NC 28403 • 910.332.3360 v .thomosondhutton.com Savannah, GA I Brunswick GA I Charieston, SC I Myrtle Beach, SC 230]1t4i■:Ia1[7:7-11119: Taco Bell Sneads Ferry is a proposed restaurant to be located on 1.55 acres at the southwest corner of Villdge Drive and HWY 210 in Sneads Ferry, INC. The project site is approximately 'Amile north of the intersection of HWY 172 & HWY 210. According to the Onslow County Soil Survey, the native soils on site primarily consist of Leon (B/D) with a small area of Kureb (A). The current site conditions consist of partial woods and open space. The existing topography is relatively flat with slopes ranging from 0-2%. The pre -development runoff for the site drains via overland flow to existing ditches along the western property line and along HWY 210. The site is part of the Mill Creek watershed which is classified SA; HQW (index 19-39-3-1) and within the White Oak River Basin. The site is NOT located within one-half mile of the SA watershed. This site is located within 575 feet of HQW; therefore, the erosion control measures have been designed for the peak flow from the 25 year storm event. The proposed high density commercial development will ultimately consist of a 2,515 sf restaurant, parking lot and associated utilities. The total land disturbance area is approximately 1.55 acres. The post development storm water runoff will be stored and treated by the proposed, on -site wet detention basin. The basin will have two emergency outlets for runoff greater than the 1.5" design storm (outlet structure and rip rap lined weir). The run-off will be conveyed to the basin via a combination of sheet flow, swales and culverts. Rip Rap will be provided at areas of concentrated flow for velocity and erosion control. The storm drainage system will be privately owned and maintained per Town and State regulations. BMP's will be used and maintained throughout the construction of the project to minimize sediment and erosion control. The wet detention basin will be used as a sediment skimmer basin during construction activities and converted to a permanent wet detention basin per the plan details. Addition sediment control devices will consist of temporary silt fencing, grassing, rock pipe inlet protection, and rip rap stabilization at outlets and areas of concentrated flows. All sediment and erosion control devices will be in -place prior to construction and/or constructed as necessary. The project engineer and/or designated agents for the owner will monitor all sediment and erosion control devices during construction. The sediment and erosion devices will be removed after permanent stabilization of the site has been accomplished. The anticipated construction sequence is as follows: 1. Install silt fence and erosion control measures; 2. Clearing and Grubbing; 3. Install sediment basin; 4. Install drainage conveyances 5. Install water & sewer services; 6. Site rough grading; 7. Building construction; 8. Parking lots and final grading; 9. Final grassing and stabilization; and 10. Convert sediment basin to wet detention basin per design specifications and details once the site is permanently stabilized. MPROJECT NAME: TACO BELL H PROJECT LOCATION: SNEADS FERRY JOB NO.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS 6 HUTTON SUPPLEMENTAL CALCULATIONS • WET DETENTION DESIGN FOR BASIN 1 Site Characteristics Drainage area 51,660.00 R2 1.19 acre Impervious area 28,400.00 R2 0.65 acre 1000 SF FUTURE %impervious 54.97 % Design rainfall depth 1.50 in Storage Volume - Non SA Waters - Minimum Volume Required Volume of Runoff= V = (3630) (Design Rainfall Depth) (Rv) (Drainage Area) ehere: Re=0.05*0.009(IA) Rv = Runoff Coe icient = Storm Runoff(inches) / Stunn Rainfall (inches) lu = Impervious Fraction = Impervious Portion of the Drainage Area (acres) / Drainage Area (acres) I 54.97 % Rv= 0.545 Design Rainfall Depth = 1.50 in. Drainage Area 1.19 acres Volume= 3,518 Rr Storage Volume - Non SA Waters - Actual Volume Provided Insen elevation and corresponding surface area Stan with permanent pool elevation and work to freeboard elevation (min. P from top of bank) Label Basin E.lcvatiuns ELEV. AREA R' rNCR. VOLUME(R' CUM. VOLUME R' Permanent PUUI 56.0 4,024 0 0 Top of Veg Shelf 56.5 5,413 2,359 2,359 Bottom ofFrccboard 57.0 5,861 2,819 5,178 To of Bank 58.5 6,800 9,496 14,674 Volume Provided= 5,178 Rt Elevation of next omlcl above Permanent Pool Page 1 of 8 T PROJECT NAME: TACO BELL H PROJECT LOCATION: SNEADS FERRY JOB No.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS & HUTTON SUPPLEMENTAL CALCULATIONS • WET DETENTION DESIGN FOR BASIN 1 Peak Flow Calculation - Rational C, Pre -Development Area Description Table 3-2 Runoff Coefficient, C Area We Wooded 0.15 1.19 Composite Runoff Coefficient, C= 0.15 Peak Flow Calculation - Rational C, Post -Development Area Description Table3-2Coeffiicient,C Runoff Area WO Lawns, sandy soil, Oat 0.1 0.53 Impervious 0.95 0.65 Composite Runoff Coefficient, C— 0.57 Peak Flow Calculation - Pre -Development Peak Flourate, Q = C'I'A C= 0.15 I = 0.16 in/hr A = 1.19 acres Q = 0.03 efs Page 2 of 8 TPROJECT NAME: TACO BELL R PROJECT LOCATION: SNEADS FERRY JOB NO.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS & HUTTON SUPPLEMENTAL CALCULATIONS • WET DETENTION DESIGN FOR BASIN I - Peak Flow Calculation - Post -Development The basic equation for orifices is: Q = C.n it 2gy., Where: Q = Discharge lets) Cn = Coefficient of discharge (dimensionless) - see Table 3-8 A - Cross -sectional area of flow at the orifice entrance (sq ft) g = Acceleration of gravity (32.2 ft/sec2) Ho - Driving head (fl), measured from the centroid of the orifice area to the water surface - Note: Usually use Ho/3 to compute drawdown through an orifice to reflect the fact that head is decreasing as the drawdown occurs. NOTE: For peak flow, use maximum driving head, Ho Fi"vr s2 srhrmanr weiian thrnuph an nnfke Table 3-8 Values of Coefficient of Discharge, CD (Malcom, 1989) Entrance Condition Co Typical default value 0.60 Square -edged entrance 0.59 Concrete pipe, grooved end 0.65 Corrugated metal pipe, mitred to slope 0.52 Corrugated metal pipe, projecting from fill 1.00 Page 3 of 8 MPROJECT NAME: TACO BELL RPROJECT LOCATION: SNEADS FERRY JOB NO.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS & HUTTON SUPPLEMENTAL CALCULATIONS -WET DETENTION DESIGN FOR BASIN 1 All variables to calculate maximum discharge, Q are known execpt driving head. Ha Need temporary pool in detention pond for design storm Label Basin Elevations ELEV. AREA (fill INCR. VOLUME (fP) CUM. VOLUME (f l) Permanent Pool 56.00 4,024.00 0.00 0.00 To of Vc g Shclf 56.50 5,413.00 2,359.25 2,359.25 Bottom of Fmcboard 57.00 5,861.00 2,818.50 5,177.75 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Top of Bank 58.50 6,800.00 9,495.75 14,673.50 Volume required to contain from design storm (li') = 3,518 Therefore, temporary pool elevation is between stages and cumulative volumes: Slae Cum. Volume 56.50 2,359.25 57.00 5,177.75 Using Interpolation to Determine Temporary Pool elevation at Volume = 3,518 Calculated Temporary Pool Elevation (feet) = 56.71 Provided Temporary Pool Elevation (feet)= 5T00 (Elevation of next outlet above Permanent Pool) Other Variables for Orifice Equation Co= 0.6 Diameter of Orifice (in.) = I Normal Pool Elevation (ff)= 56.00 Head (R) = 0.96 (Based on "Provided" temporary pool elevation) Max Discharge, Q (ds) = 0.03 Page 4 of 8 PROJECT NAME: TACO BELL '. R PROJECT LOCATION: SNEADS FERRY JOB No.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS & HUTTON SUPPLEMENTAL CALCULATIONS • WET DETENTION DESIGN FOR BASIN 1 Basin Elevations Label Basin Elevations ELEV. AREA (fill INCR. VOLUME (fi') CUM. VOLUME (fr') Bottom Scd. Stora a 50.00 654.00 0.00 0.00 Top Scd Storage 51.00 944.00 0.00 0,00 52.00 1,269.00 1, 106.50 1,106.50 53.00 1,629.00 1,449.(10 1,449.00 54.00 2,024.00 1.826.50 3.275.50 Bo tom of Ve g Shelf 55.50 2,792.00 3.612.00 6.887.50 Pennenant Pool 56.00 4,024.00 1,704.00 8,591.50 Label Basin Elevations ELEV. AREA ff) rNCR. VOLUME(0') CUM. VOLUME(0' Permanent Pool 56.00 4,024.00 0.00 0.00 Top of Ve g Shelf 56.50 5,413 00 2,359.25 2,359.25 Bottom of Freeboard 57.00 5,861.00 2,818.50 5,177.75 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11.00 0.00 0.00 0.00 0.00 Top of Bank 58.50 6,800.00 9,495.75 14,673.50 Information as shown in Figure 10-2b Sediment Clement Botom - Scdimcnt Clcanout Top (Bottom Pond) _ Bottom of Vegetated Shelf = Pcrmenent Pool= Seasonal High Water Table = Top of Vegetated Shelf= Temporary Pool (Peak During Design Storm) _ ti Elevation Area f0'1 Inc,_ Vol_ Co., VuL 50.00 654.00 0.00 0.00 51.00 944.00 0.00 0.00 55.50 2,792.00 3,612.00 6.887.50 56.00 4,024.00 1,704.00 8,59L50 56.00 56.50 5,413.00 2,359.25 2,359.25 56.71 Page 5 of 8 TPROJECT NAME: TACO BELL RPROJECT LOCATION: SNEADS FERRY JOB No.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS 6 HUTTON SUPPLEMENTAL CALCULATIONS - WET DETENTION DESIGN FOR BASIN 1 Volume and Surface Area Calculations - SA / DA Ratio Figure 10-2b from BMP Manual Errata (8-5-08) 'U gatwmu not show., d,,: Average depth ofperm.mmt pool ro use m the SA/DA tables (ft) Option t deg - "Xorden°d A soot ergencv avexJlm r / l not shown Option Option 2: de, = L0.25 x I+ "-•'"d +L �"'`-'"'a +�"`-D"t Jx DePMh I "'Sideslopsstobihzad l A, J ` 2 Ai • v per PEjudgn,ent Temporary pool P crmancnt pool Owlet above Bottom of vegetated shelf temporary pool" Bottom of pond (Sediment lean -out to, elevation) Outlet orifice Sediment clean -out C. Pennarem PonI Volmnc (fls) 9,591.5 Permanent Pool Area (fl) 4,024.0 Option 1 -Avcragc Depth (fl) 2.14 Bottom Vegetated ShelfArea (fl) 2792.0 Permanent Pool Area (fl2) 4024.0 Bottom Pont) Area (fl) 944.0 Depth (ft) 4.5 Option 2 - Average Depth (fi) 3.4342 Vegetated' Freeboard level Side slope (Ift above max stage) Vegetated' I Mar. Stage shelf Forebay Average Depth for use in Table (fi) 3 (rounded doom to nearest 0 5') Page 6 of 8 MPROJECT NAME: TACO BELL R PROJECT LOCATION: SNEADS FERRY JOB No.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS & HUTTON SUPPLEMENTAL CALCULATIONS - WET DETENTION DESIGN FOR BASIN 1 Impervious Area (02) 29,400.00 Drainage Area (ft') 51,660.00 Impervious Area % (Use in Table) 54.97% Use 55 % TSS Removal Required (%) 90 SA / DA Ratio (Table I.I) 6.30 Volume and Surface Area Calculations - Surface Area Reunited SA / DA Ratio (Table 1. U 6.30 Drainage Are. (11) 51,660.00 SA Required (n) 3,255 SA Provided (02) 4,024 OK Volume and Surface Area Calculations - Forebav Volume Label Basin Elevmions ELEV. AREA UP) [NCR. VOLUME Ul') CUM. VOLUME(ft') Bottom Sed. Storage 50.00 10.00 0.00 0,00 Top Sed Storage 51.00 53.00 0.00 0,00 53.00 215.00 268.00 269.00 55.00 465.00 680.00 948.00 55.50 576.00 260.25 1,208.25 Permanent Pool 56.00 998.00 393.50 1,601.75 From Aad.CAD Forcbay Volume (ft')= 1.602 Percentage of Permanent Pool Volume= 19% Volume and Surface Area Calculations - Temp Pool SA Prodded Use interpolation to find surface area provided by temporary, pool: Elevations and areas around temporary pool surface area: Elevation Surface Are. 56.50 5,413.00 57.00 5,86L00 Temp Pool Elevation= 57.00 Temp Pool Surface Area (02) — 5,861.00 Page 7 of 8 MPROJECT NAME: TACO BELL pf PROJECT LOCATION: SNEADS FERRY JOB No.: 23988 CALCULATED BY: BDR DATE: 7/26/2012 CHECKED BY: JDR THOMAS Sr HUTTON SUPPLEMENTAL CALCULATIONS - WET DETENTION DESIGN FOR BASIN 1 DraiN down Calculations - Treatment Volume Drawdown Time Using Orifice Equation and driving head of I la / 3 to account fur head decreasing overtime Co = 0.6 Diameter of Orifice (in.) = 1 Driving Head (0)= 0.32 Average Discharge (cfs) = 0.01 To gel drawdown time, divide design volume by average discharge Design Volume (0a)= 3,518 Average Discharge v(s) = 0.01 Drawdown Time (see) 237,006.99 Drawdown Time (days)= 2.74 Page 8 of 8 PROJECT NAME: TACO BELL PROJECT LOCATION: SNEADS FERRY, NC Joe No.: 23988 DATE: 7/24/2012 THOMAS S HUTTON SUPPLEMENTAL CALCULATIONS • PIPE DESIGN Pipe # 1 Calculate Desien Flow Use Rational Method for 25-Year Flow: fl(w', Q=CIA Where: Q= Design Flow (efs) C = Runoff Coefficient I = 25-Year Rainfall Intensity Calculate Time of Concentration Use Travel Time Concept: Overland Flow: t=(0.007(n'1)A0.8)/((Pt^0.5)'(SA0.4)) TR-55 Fq 3-3 where: t = Travel Time for Overland flow (min) a = Manninss Coefficient - from Table 40-6 1 = Length of Flow If) Pt= 2-yr Rainfall Depth (in) S = I Iydmulic Slope (Nn) n = 0,011 Pavement / Grass Combo (` I = 70 n Pr = 4.5 in S- 0.020 n/n t = 0.8 min Shallow Concentrated Flow: i= 1/60v where: t = Travel Time for Shallow Concentrated Flow (min) I = Length of Flow (n) S = Average Watercourse Slope (Nn) v = Velocity (n/s)- Prom TR-55 1 = 20.00 n S = 0.0833 Unpaved v = 4.66 his I = 0.07 min Channel Flow: t= 1160v where: I =Travel Time for Channel Flow (min) I — Length of Flow (III v= Velocity (n/s)- From TR-55 I = 162.00 n v = 2.00 Ns t = 1.35 min Therefore, Tc = 22 min Use 5.00 min 25-Year Intensity (in/hr)= 10.4 Calculate Runoff Cuellicient Area Description Table 40-1 Runoff Coefficient, C Area Inc) Pavement 0.95 0.25 Grass, Flat, Sandy 0.2 0.13 Composite Rtmoff Cuefficicm, C= 0.69 Design Flow C = 0.69 1 = 10.40 A = 0.38 acre Q= 2.7) cfs CALCULATED BY: BDR CHECKED BY: JDR Page 1 of 6 TPROJECT NAME: TACO BELL R PROJECT LOCATION: SNEADS FERRY, NC Joe No.: 23988 CALCULATED BY: BDR DATE: 7/24/2012 CHECKED BY: JDR THOMAS 6 HUTTON SUPPLEMENTAL CALCULATIONS - PIPE DESIGN Pipe # 1 Find Minimum Pipe Size Based on the FollowinE Equation: D = 16((Q'n / s e)") where: D = Minimum Pipe Size (in) Q = Design Flow (efs) a =Planning's n Value (n = 0.012 for RCP and HDPE, 0.024 for CMP) s = Slope (R / R) Q = 2.71 n= 0.012 s = 0.003 D (in)= 13.2 USE PIPE DIAMETER (in): 15 Enerev Dissipator Calculations - DesiEn Flow (25-Year) Flow: Q = CIA C = 0.69 1(in /hr)= 1040 A(ac)= 0.38 QS (ers) = 2.71 Page 2 of 6 TPROJECT NAME: TACO BELL PiPROJECT LOCATION: SNEADS FERRY, NC JOB No.: 23988 CALCULATED BY: BDR DATE: 7/24/2012 CHECKED BY: JDR THOMAS & HUTTON SUPPLEMENTAL CALCULATIONS - PIPE DESIGN Pipe # 1 Calculate Design (25-Year) Velocity The purpose for evaluating the 25-year design velocity is to determine the requirements for an energy dissipater to protect downstream conveyance. This analysis assumes the maximum, permissible discharge velocity is 2.5 fps (bare soil). Therefore, an energy dissipater shall be appropicately sized for velocities exceeding 2.5 fps. V = Q/A Where: V = Maximum Velocity (fps) Q = 25-Year Design Flow Rate (cfs) A = Cross Sectional Area EJ) However, Area is not known. Can find area using Tannings Equation. Separate knowns from unknowns and solve by vial and error. All variables are known in Mannings Equation except y (found in AR ""t term) Rearranging Manning's Equation AR 1M' = Q-n / (1.49-SQ°) A (02) = 0.799 K (rootless)= 0,799 Diameter (0)= 1.250 Radius (11)= 0.625 Theta (radians) = 3.626 h(it)= 0.775 Depth (in)= 9.300 Arc Length (0) = 2.266 Wetted Perimeter (f) = 2.266 Hydraulic Radius (0) = 0.353 Actual 25-YearAR" ""r= 0.399 Calculated 25-Year ARa""t = 0.399 Change depth to make Calculated ARa""r = Actual AR"" From Above. Area of flow is: A= 0.80 sf Velocity= 3.40 fps > 2.5 Therefore, an energy dissipator Is required. Calculate Enerev Dissioater Parameters Zone of Apron: I (See Figure 8.06c, Chapter 8. NCDENR Erosion Control Manual) Length of Apron (minimum 4' pipe dia.) : 8 fl (See Figure 8.06d. Chapter 8, NCDENR Erosion Control Manual) Width (3"pipe dia.): 5 fl (See Figure 8.06d. Chapter 8. NCDENR Erosion Control Manual) Minimum Stone Size: 3 in. (See Figure 8.06d. Chapter 8, NCDENR Erosion Control Manual) Depth of Rip -Rap: 12 in. (Sec Figure 806d, Chapter 8, NCDENR Erosion Control Manua[) Page 3 of 6 T PROJECT NAME: TACO BELL H PROJECT LOCATION: SNEADS FERRY, NC Joe No.: 23988 DATE: 7/24/2012 THOMAS 6 HUTTON SUPPLEMENTAL CALCULATIONS - PIPE DESIGN Pipe # 2 (Pond WIWI) Calculate Uesien Flow Use Rational Method far 25-Year Flow: Flow: Q = CIA Where: Q = Design Flow (cfs) C = Runoff Coefficient I = 25-Year Rainfall Intensity Calculate Time ofConcentmtion Use Travel Time Concept: Overland Flow: t =(0.007(n'I)A0.8)/((PeA0.5)-(SA0.4)) TR-55 Eq 3-3 where: t = Travel Time far Overland Flow (min) n = Manninbs Coefficient - from Table 40-6 1= Length of Flow (0) Pr = 2-yr Rainfall Depth (in) S = Hydraulic Slope (R/fl) n = 0.011 Pavement / Gras Combo (50/50) I = 70 ft Py= 4.5 in S = 0.020 Nft I = 0.8 min Shallow Concentrated Flow: t = 1/60v where t = Travel Time for Shallow Concentrated Flow (min) I = Length of Flow (R) S=Average Watercourse Slope UVft) v = Velocity (fifs)- From TR-55 I = 20.00 R S= 0.0833 Unpaved v= F66 Ns 1= 0.07 min Channel Flow: t = I/60v where: t = Travel Time for Channel Flow (min) I = Length of Flow (0) v= Velocity (tUs)- From TR-55 I = 305.00 fi = 2.00 o/a t = 2.54 min Therefore, Tc = 3.4 min Use 5.00 min 25-Year Intensity (inNr) = 10.4 Calculate Runoff Coefficient . Area Description Table 40-1 Runoff Coeffciem.0 Area Inc) Pavement 0.95 0.66 Grass, Flat, Sandy 0.2 0.54 Composite Runoff Coefficient, C= 0.61 Design Flow C = 0.61 1= 10.40 A= 1.19 acre Q= 7.60 cfs CALCULATED BY: BDR CHECKED BY: JDR Page 4 of 6 TPROJECT NAME: TACO BELL R PROJECT LOCATION: SNEADS FERRY, NC JOB No.: 23988 CALCULATED BY: BDR DATE: 7/24/2012 CHECKED BY: JDR THOMAS & HUTTON SUPPLEMENTAL CALCULATIONS - PIPE DESIGN Pipe # 2 (Pond Outfall) Find Minimum Pipe Size Based on the Followine Equation: D = 16((Q'n / sas),vx) where: D = Minimum Pipe Size (in) Q=Design Flow Ids) n=Manning's n Value (n = 0.012 for RCP and HDPE, 0.024 for CMP) s = Slope (R / R) Q = 7.60 n= 0.012 s = 0.005 D(in)= 17.6 USE PIPE DIAMETER (in): IB Enerev Dissivator Calculations - Desien Flow (25-Year) Flaw: Q=CIA C = 0.61 1fin /hr)= 10.40 A (as)= 1.19 Q,,Ids) = T60 Page 5 of 6 M PROJECT NAME: TACO BELL HPROJECT LOCATION: SNEADS FERRY, NC JOB No.: 23988 DATE: 7/24/201 2 THOMAS 6 HUTTON SUPPLEMENTAL CALCULATIONS - PIPE DESIGN Pipe # 2 (Pond Outfall) Calculate Design (25-Year) Velocity The purpose for evaluating the 25-year design velocity is to determine the requirements for an energy dissipator to protect downstream conveyance This analysis assumes the maximum, permissible discharge velocity is 2.5 fps (bare soil). Therefore, an energy dissipator shall be appropicately sized for velocities exceeding 2.5 fps. V = Q/A Where: V = Maximum Velocity (fps) Q = 25-Year Design Flow Rate (cfs) A = Cross Sectional Area (so However, Area is not known. Can find area using Mannings Equation. Separate knowns from unknowns and solve by trial and error. All variables are known in Mannings Equation except y (found in AR fiBr term) Rearranging Manninys Equation AR""=Q•n/(1.49•S") Ao1')= 1.464 K (unitless)= 1.464 Diameter (f1)= 1.500 Radius (ft)= 0.750 Theta (radians)= 4.293 h(fp= 1.158 Depth (in)= 13.900 Are Length (fl) = 3.220 Wetted Perimeter To= 3.220 Hydraulic Radius Ho— 0.455 Actual 10-Year AR°m'r— 0.866 Calculated 10-Year ARa oa = 0.866 Change depth to make Calculated ARO = Actual ARamr From Above, Area of flow is: A= 1.46 sf Velocity= 5.19 fps > 2.5 Therefore, in energy dissipater IS required. Calculate Enerpr Dissipater Parameters CALCULATED BY: BDR CHECKED BY: JDR Lone of Apron: I (See Figure 8D6c, Chapter S. NCDENR Erosion Control Manual) Length of Apron (minimum 4• pipe dia.) : 10 0 (See Figure 8.06d. Chapter S. NCDENR Erosion Control Manual) Width (3'pipe dia.): 6 ft (See Figure 8.06d. Chapter S. NCDENR Erosion Control Manual) Minimum Stone Size: 3 in. (See Figure 8.06d, Chapter S, NCDENR Erosion Control Manual) Depth of Rip -Rap: 18 in. (See Figure 8.06d, Chapter 8, NCDENR Frosion Control Manual) Page 6 of 6 INDEX TO SECTION 02110 - SITE CLEARING Paragraph PART 1 - GENERAL 1.1 Section Includes 1.2 Related Sections 1.3 Measurement and Payment 1.4 Regulatory Requirements PART 2 - PRODUCTS 2.1 Materials PART 3 - EXECUTION Title Page 02110-1 021 10-1 021 10-1 021 10-1 021 10-1 3.1 Preparation 02110-1 3.2 Protection 02110-2 3.3 Clearing 02110-2 3.4 Removal 02110-2 3.5 Disposal 02110-3 3.6 Grubbing 02110-3 Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02110.doc 02110-1 SECTION 02110 SITE CLEARING PART 1 - GENERAL 1.1 SECTION INCLUDES A. Removal of surface debris. B. Removal of paving, curbs, and fencing. C. Removal of trees, shrubs, and other plant life. D. Topsoil excavation. 1.2 RELATED SECTIONS A. Section 02204 - Earthwork. 1.3 MEASUREMENT AND PAYMENT A. As specified in contract. 1.4 REGULATORY REQUIREMENTS A. Conform to all applicable state and local codes for environmental requirements, disposal of debris, burning debris on site, use of herbicides. B. Coordinate clearing Work with utility companies. C. Contractor responsible for compliance with all state and local permits on behalf of the Owner for this project including, but not limited to, sediment and erosion control monitoring inspections logs, etc. PART 2 - PRODUCTS 2.1 MATERIALS A. Provide tree protection materials as detailed on the construction drawings. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02110.doc 021 10-2 PART 3 - EXECUTION 3.1 PREPARATION A. Verify that existing plant life designated to remain is tagged or identified. 3.2 PROTECTION A. All trees on site within the clearing limits will be removed during construction except those marked specifically on the plans to be saved. No trees, either those marked for removal on site or any other tree, may be removed prior to the preconstruction conference. All trees not to be removed will be protected from injury to their roots and to their top to a distance three feet beyond the drip -line and no grading, trenching, pruning, or storage of materials may go in this area except as provided by an Owner's representative stakeout. B. Protect bench marks, survey control points, and existing structures from damage or displacement. C. Protect all remaining utilities. D. Clearing operations shall be conducted so as to prevent damage by falling trees to trees left standing, to existing structures and installations, and to those under construction, and to provide for the safety of employees and others. 3.3 CLEARING A. Clear areas required for access to site and execution of work. Clearing shall consist of felling and cutting trees into sections, and satisfactory disposal of trees and other vegetation designated for removal, including downed timber, snags, brush, and rubbish occurring within area to be cleared. Trees, stumps, roots, brush, and other vegetation in areas to be cleared shall be removed completely from the site, except such trees and vegetation as may be indicated or directed to be left standing. Trees designated to be left standing within cleared areas shall be trimmed of dead branches 1-1/2 inch or more in diameter. Limbs and branches to be trimmed shall be neatly cut close to the hole of the tree or main branches. Cuts more than 1-1/2 inches in diameter shall be painted with an approved treewound paint. Trees and vegetation to be left standing shall be protected from damage incident to clearing, grubbing, and construction operations, by the erection of timber barriers or by such other means as circumstances require. Such barriers must be placed and be approved by the OWNER before construction observations can proceed (See 3.2). Clearing shall also include removal and disposal of structures that obtrude, encroach upon, or otherwise obstruct the work. BIE, �"T4,5Ti17_14 A. Where indicated or directed, trees and stumps shall be removed from areas outside those areas designated for clearing and grubbing. Work shall include Z,\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02110.doc 02110-3 felling of such trees and removal of their stumps and roots. Trees shall be disposed of as hereinafter specified. B. Remove debris, rock, and other extracted plant life from site. C. Partially remove paving, curbs, and fences; as indicated. Neatly saw cut edges at right angle to surface. 3.5 DISPOSAL A. Disposal of trees, branches, snags, brush, stumps, etc., resulting from clearing and grubbing shall be the Contractor's responsibility and shall be disposed of by burning, removal from site, or a combination of both. All costs in connection with disposing of materials will be at the Contractor's expense. Material disposed of by burning shall be burned in a manner avoiding all hazards, such as damage to existing structures, construction in progress, trees and vegetation. Contractor shall be responsible for compliance with all local and State laws and regulations relative to the building of fires. Disposal by burning shall be kept under constant attendance until fires have burned out or extinguished. All liability of any nature resulting from disposal of cleared and grubbed material shall become the Contractor's responsibility. Disposal of all materials cleared and grubbed will be in accordance with rules and regulations of the State of North Carolina. No material will be burned unless directed to do so by the OWNER. Contractor shall obtain a permit to burn on site from local fire department, before beginning the work. gw-�e171177H[4t A. Grubbing shall consist of removal and disposal of stumps, roots larger than one inch in diameter, and matted roots from designated grubbing areas. This material, together with logs and other organic or metallic debris not suitable for building of pavement subgrade or building pads, shall be excavated and removed to a depth of not less than 18-inches below original surface level of the ground in embankment areas and not less than 2 feet below finished earth surface in excavated areas. Depressions made by grubbing shall be filled with suitable material and compacted to make the surface conform with original adjacent ground. I�►IBP1&9xa]1140 Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02110.doc INDEX TO SECTION 02210 - SOIL EROSION CONTROL Paragraph Title Page PART 1 - GENERAL 1.1 Related Documents 02210-1 1.2 Description of Work 02210-1 1.3 Purposes 02210-1 1.4 Quality Assurance 02210-2 1.5 Submittals 02210-2 1.6 Measurement and Payment 02210-2 PART 2 - PRODUCTS 2.1 Grassing Materials 02210-2 2.2 Silt Fence 02210-3 2.3 Chemicals for Dust Control 02210-3 2.4 Product Review 02210-3 PART 3 - EXECUTION 3.1 General 02210-3 3.2 Grassing 02210-3 3.3 Silt Fence 02210-4 3.4 Dust Control 02210-4 3.5 Rip -Rap 02210-4 3.6 Construction Exit 02210-4 3.7 Inlet Protection 02210-4 Z,\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02210.doc SECTION 02210 SOIL EROSION CONTROL PART 1 - GENERAL 1.1 RELATED DOCUMENTS 02210-1 A. Drawings and general provisions of the Contract, including General and Special Conditions apply to this section. 1.2 DESCRIPTION OF WORK A. Extent of soil erosion control work includes all measures necessary to meet the requirements of this section. Erosion and sediment control measures shall be installed prior to any construction activity. Soil erosion and sediment control measures shall include all temporary and permanent means of protection and trapping soils of the construction site during land disturbing activity. Activity covered in this contract shall meet the standards of the North Carolina Erosion Sedimentation Control Act of 1973, and NPDES General Permit for Construction Activity. 1.3 PURPOSES A. Contractor is to achieve the following goals: 1. Minimize soil exposure by proper timing of grading and construction. 2. Retain existing vegetation whenever feasible. 3. Vegetate and mulch denuded areas as soon as possible including temporary seeding where applicable. 4. Divert runoff away from denuded areas. 5. Minimize length and steepness of slopes when it is practical. b. Reduce runoff velocities with sediment barriers or by increasing roughness with stone. 7. Trap sediment on site. 8. Inspect and maintain erosion control measures. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02210.doc 02210-2 1.4 QUALITY ASSURANCE A. Manufacturer's Qualifications: Firms regularly engaged in the manufacture of soil erosion control systems products of types and sizes required, whose materials have been in satisfactory use for not less than 5 years. Codes and Standards: Comply with all applicable local, state and federal standards pertaining to soil erosion control. Contractor responsible for monitoring requirements of the NPDES Stormwater Discharge Permit No. NCG010000 and Self - Inspection Program required by North Carolina Department of Environment and Natural Resources Division of Land Quality. Monitoring reports should be sent to Owner within two days of inspections. Reporting and monitoring requirements can be found at the North Carolina Department of Environment and Natural Resources Division of Water Quality and Division of Land Quality. Contractor responsible for compliance with local, state and federal permits on behalf of the Owner for this project including, but not limited to, sediment and erosion control monitoring inspections logs, etc. 1.5 SUBMITTALS A. Product Data: Submit manufacturer's technical product data and installation instruction for soil erosion control materials and products. 1.6 MEASUREMENT AND PAYMENT A. As specified in contract. PART 2 - PRODUCTS 2.1 GRASSING MATERIALS A. Refer to Section 02902 - Grassing. Disturbed areas must be grassed within 14 days of work ending in unless work is to begin before 21 days. General: All grass seed shall be free from noxious weeds, grade A recent crop, recleaned and treated with appropriate fungicide at time of mixture. Deliver to site in original sealed containers with dealer's guarantee as to year grown, percentage of purity, percentage of germination and date of the test by which percentages of purity and germination were determined. All seed sown shall have a date of test within six months of the date of sowing. Type of Seed: Refer to planting schedule on plans and grassing specifications. 3. Mulch: Straw and Tack. Erosion control matting required on slopes 4:1 or greater (horizontal/vertical) including all swales. 4. Fertilizer: Refer to planting schedule on plans and grassing specifications. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02210.doc 02210-3 2.2 SILT FENCE A. Silt fence shall be a woven geotextile fabric sheet. Fabric shall be a synthetic polymer composed of at least 85% by weight propylene, ethylene, amide, ester, or vinylidene chloride, and shall contain stabilizer and/or inhibitors added to the base plastic to make filaments resistant to deterioration due to ultra -violet and/or heat exposure. Fabric should be finished so the filaments will retain their relative position with respect to each other. Fabric shall be free of defects, rips, holes, or flaws. Fabric shall meet the following requirements: Woven Fabrics Grab Strength 90 lbs. Burst Strength 175 PSI UV Resistance 80% 2.3 CHEMICALS FOR DUST CONTROL A. Calcium Chloride, Anionic Asphalt Emulsion, latex Emulsion or Resin -in -Water Emulsion may be used for dust control. 2.4 RIP RAP A. Provide as specified on plans. If not specified on plans, rip rap shall be hard quarry or field stone of such quality the pieces will not disintegrate on exposure to water, sunlight, or weather. Stone shall range in weight from a minimum of 25 pounds to a maximum of 125 pounds. At least 50 percent of the stone shall weigh more than 60 pounds. The stone shall have a minimum dimension of 12 inches. 2.5 PRODUCT REVIEW A. Contractor shall provide the Owner with a complete description of all products before ordering. Owner will review all products before they are ordered. PART 3 - EXECUTION 3.1 GENERAL A. All disturbed soil areas except those to support paving shall be graded and protected from erosion by grassing. Disturbed areas must be grassed within 14 days of work ending unless work is to begin again before 21 days. Storm water conveyance systems shall have sediment barriers installed at all entrances, intersections, change in direction and discharge points. 3.2 GRASSING A. Refer to Section 02902 - Grassing. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02210.doc 02210-4 3.3 SILT FENCE A. Silt fence shall be placed at approximate location shown and installed in accordance with the detail on the construction drawings. Contractor shall maintain silt fence as required by local, state, and federal regulations. 3.4 DUST CONTROL A. Dust raised from vehicular traffic will be controlled by wetting down access road with water or by the use of a deliquescent chemical, such as calcium chloride, if relative humidity is over 30%. Chemicals shall be applied in accordance with manufacturer's recommendations. B. Contractor shall use all means necessary to control dust on and near the work, or off -site borrow areas when dust is caused by operations during performance of work or if resulting from the condition in which any subcontractor leaves the site. Contractor shall thoroughly treat all surfaces required to prevent dust from being a nuisance to the public, neighbors, and concurrent performance of work on site. 3.5 RIP -RAP A. Rip -Rap shall be placed at the locations shown and installed in accordance with the detail on the construction drawings. 3.6 CONSTRUCTION EXIT A. Construct exit at the location shown per detail on the construction drawings. Contractor shall maintain construction exit as required by local, state and federal regulations. 3.7 INLET PROTECTION A. Install inlet protection per detail on the construction drawings. Contractor shall maintain inlet protection as required by local, state, and federal regulations until all disturbed surfaces are stabilized. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02210.doc INDEX TO SECTION 02720 - STORM DRAINAGE Paragraph Title Page PART 1 - GENERAL 1.1 Section Includes 02720-1 1.2 Related Sections 02720-1 1.3 Options - Omitted 02720-1 1.4 References 02720-1 1.5 Quality Assurance 02720-2 1.6 Product Delivery, Storage, and Handling 02720-3 1.7 Sequencing and Scheduling 02720-3 1.8 Alternatives 02720-3 1.9 Guarantee 02720-3 1.10 Existing Utilities 02720-3 1.11 Measurement and Payment 02720-3 1.12 Testing 02720-4 PART 2 - PRODUCTS 2.1 Pipe 02720-4 2.2 Drainage Structures 02720-5 2.3 Filter Fabric 02720-6 2.4 Soils and Stone Aggregates 02720-7 2.5 Product Review 02720-8 PART 3 - EXECUTION 3.1 On Site Observations of Work 02720-8 3.2 Excavation for Pipe and Structures 02720-8 3.3 Trenching for Pipe 02720-9 3.4 Protection of Utility Lines 02720-9 3.5 Foundation and Bedding 02720-9 3.6 Haunching, Initial Backfill, and Final Backfill 02720-10 3.7 Placing Pipe 02720-11 3.8 Joints in Pipes 02720-12 3.9 Field Quality Control 02720-13 3.10 Drainage Structures 02720-14 3.11 Remove and Replace Pavement 02720-14 3.12 Connect Pipe to Existing Structures 02720-14 Z:\23988\23988.0000\Engineering\Calculations\Storm wafer\Full Storm Report 07-10-12\02720.doc Revised January SECTION 02720 STORM DRAINAGE PART 1 - GENERAL 1.1 SECTION INCLUDES 02720-1 A. Construction of pipes, drainage inlets, manholes, headwalls, and various drainage structures. 1.2 RELATED SECTIONS A. Section 03305 - Site Concrete 1.3 OPTIONS - Omitted 1.4 REFERENCES (Latest Revision) A. ASTM D 3740 - Minimum Requirements for Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. B. ASTM E 329 - Agencies Engaged in Construction Inspection and/or Testing. C. ASTM C 76 - Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe. D. ASTM C 443 - Joints for Concrete Pipe and Manholes, Using Rubber Gaskets. E. ASTM B 745/B 745M - Corrugated Aluminum Pipe for Sewers and Drains. F. ASTM D 1056 - Flexible Cellular Materials - Sponge or Expanded Rubber. G. ASTM F 2306/F 2306M - 12 to 60-Inch (300 to 1,500 mm) Annular Corrugated Profile -Wall Polyethylene (PE) Pipe and Fittings for Gravity -Flow Storm Sewer and Subsurface Drainage Applications. H. ASTM D 1751 - Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Non -extruding and Resilient Bituminous Types). I. ASTM D 1752 - Preformed Sponge Rubber Cork and Recycled PVC Expansion Joint Fillers for Concrete Paving and Structural Construction. J. ASTM D 2321 - Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity Flow Applications. K. ASTM C 150 - Portland Cement. L. ASTM C 144 - Aggregate for Masonry Mortar. M. ASTM C 207 - Hydrated Lime for Masonry Purposes. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January 02720-2 N. ASTM C 62 - Building Brick (Solid Masonry Units Made From Clay or Shale). O. ASTM C 55-Concrete Brick. P. ASTM C 478 - Precast Reinforced Concrete Manhole Sections. Q. ASTM C 1433 - Precast Reinforced Concrete Box Sections for Culverts, Storm Drains, and Sewers. R. ASTM D 1557 - Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort. S. ASTM D 2922 - Test Methods For Density Of Soil and Soil Aggregate In Place by Nuclear Methods (Shallow Depth). T. ASTM F 405 - Corrugated Polyethylene (PE) Tubing and Fittings. U. ASTM C 913 - Precast Concrete Water and Wastewater Structures. V. ASTM D 3212 - Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. W. ASTM F 477 - Elastomeric Seals (Gaskets) for Joining Plastic Pipe. X. AASHTO M 294 - Corrugated Polyethylene Pipe, 300 to 1500-mm Diameter. Y. ASTM F667 - Large Diameter Corrugated Polyethylene Pipe and Fittings. 1.5 QUALITY ASSURANCE A. Material Review - Contractor will furnish the Engineer and Owner a description of all material before ordering. Engineer will review the Contractor's submittals and provide in writing an acceptance or rejection of material. B. Manufacturer - Material and equipment shall be standard products of a manufacturer who has manufactured them for a minimum of 2 years and provides published data on their quality and performance. C. Subcontractor - A subcontractor for any part of the work must have experience on similar work, and if required, furnish the Engineer with a list of projects and the Owners or Engineers who are familiar with their competence. D. Design - Devices, equipment, structures and systems not designed by the Engineer and the Contractor wishes to furnish, shall be designed by either a Registered Professional Engineer or by someone the Engineer accepts as qualified. If required, complete design calculations and assumptions shall be furnished to the Engineer or Owner before ordering. E. Testing Agencies - Soil tests shall be taken by a testing laboratory operating in accordance to ASTM D-3740 and E-329 and be acceptable to the Engineer prior to engagement. Mill certificates of tests on materials made by manufacturers will be accepted provided the manufacturer maintains an adequate testing Z:\23988\23988.0000\Enginee6ng\Calculations\Storm water\Full Storm Report 07-10-12\02720.doc Revised January 02720-3 laboratory, makes regularly scheduled tests, spot checked by an outside laboratory and furnishes satisfactory certificates. Codes and Standards - Contractor responsible for compliance with all local, state and federal permits on behalf of the Owner for this project including, but not limited to, sediment and erosion control monitoring inspection logs, etc. 1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Material shall be unloaded in a manner avoiding damage and shall be stored where it will be protected and will not be hazardous to traffic. Contractor shall repair any damage caused by the storage. Material shall be examined before installation. Neither damaged nor deteriorated material shall be used in the work. 1.7 SEQUENCING AND SCHEDULING A. Contractor shall arrange the work so sections of pipes between structures are backfilled, checked, pavement replaced and the section placed in service as soon as reasonable after installation. il��=1Si�`J111Il#�: A. The intention of these specifications is to produce the best system for the Owner. If the Contractor suggests alternate material, equipment or procedures will improve the results at no additional cost, the Engineer and Owner will examine the suggestion, and if accepted, it may be used. The basis upon which acceptance of an alternate will be given is its value to the Owner and not for the Contractor's convenience. 1.9 GUARANTEE A. Contractor shall guarantee the quality of materials, equipment and workmanship for a minimum period of 12 months or as required by the local governing agency after acceptance. Defects discovered during this period shall be repaired by the Contractor at no cost to the Owner. 1.10 EXISTING UTILITIES A. All known utility facilities are shown schematically on the construction drawings, and are not necessarily accurate in location as to plan or elevation. Utilities such as service lines or unknown facilities not shown, will not relieve the Contractor of responsibility under this requirement. "Existing Utilities Facilities" means any utility existing on the project in its original, relocated or newly installed position. Contractor will be held responsible for the cost of repairs to damaged underground facilities; even when such facilities are not shown on the drawings. B. The Contractor shall contact all utility companies and request locations of their respective utility lines. 1.11 MEASUREMENT AND PAYMENT A. As specified in contract. Z:\23988\23988.0000\Engineering\Calculations\Storm water\Full Storm Report 07-10-12\02720.doc Revised January 02720-4 f�Y�i�iiG[C] A. Laboratory tests for moisture density relationship for fill materials shall be in accordance with ASTM D 1557, (Modified Proctor). B. In place density tests in accordance with ASTM D 1556 or ASTM D 2922. C. Testing laboratory shall operate in accordance with ASTM D 3740 and E 329 and be acceptable to the Engineer. D. Testing laboratory and Project Engineer/Project Representative shall be given a minimum of 48 hours notice prior to taking any tests. E. Owner shall select and engage the testing laboratory. Testing laboratory shall be responsible to the Owner and Owner's Engineer. Payment for laboratory and all tests shall be by the Owner, except Owner specifically reserves the right to deduct from Contractor's payment, expenses and charges of testing laboratory when: 1. Contractor gives notice the work is ready for inspection and testing, and fails to be ready for the test, and/or 2. testing of the Contractor's work, products, or materials fail, and retesting is required, and/or 3. Contractor abuses the services or interferes with the work of the testing laboratory in the conduct of this work. F. Test results shall be furnished to the Owner prior to continuing with associated or subsequent work. PART 2 - PRODUCTS 2.1 PIPE A. Concrete Pipe - Shall be reinforced Class III, Class IV, or Class V and shall conform to ASTM Specification C-76. Pipe less than 48 inch inside diameter shall be manufactured without lifting holes. Joints shall be either 'O' ring watertight flexible rubber, or tongue and groove as indicated on the plans. Gasketed single offset joints may be used in lieu of 'O' ring joints if approved by the Engineer. 'O' Ring Joints - Shall be water tight flexible rubber gasket and shall meet ASTM Specification C-443. 2. Gasketed single offset joint shall be soil tight and shall meet ASTM Specification C-443. 3. Tongue and groove joints shall utilize mastic sealant and the exterior shall be wrapped with geotextile material. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January 02720-5 B. Corrugated Aluminum Alloy Pipe - Shall conform to ASTM B745. Pipe may be annular or helical. Joints - Coupling bands shall be one piece lap -type, having a width conforming to the pipe manufacturer's recommendations. They shall be of the angle lug, rod and lug, or U-bolt type. The type, size and gauge of the bands and size of angles, bolts and rods shall be as specified in the applicable standards or specifications for the pipe. The exterior rivet heads in the longitudinal seam under the coupling band shall be countersunk or the rivets shall be omitted and the seam welded. 2. Gaskets - Gaskets shall be made of 3/8 inch thick by 6 '/2 inch minimum width closed cell expanded synthetic rubber, fabricated in the form of a cylinder with a diameter approximately 10% less than the nominal pipe size. The gasket material shall conform to the requirements of ASTM D1056, Grade Number SBE-43. 3. Bends -' Where specified, shall be shop fabricated to the angles and dimensions shown on the construction drawings. C. Polyethylene - Shall be high density polyethylene corrugated pipe having an integrally formed smooth interior, equivalent to Advanced Drainage Systems N- 12WT, N-12STIB or Hancor Blue Seal or Sure-Lok ST. Pipe shall conform to ASTM F667 and F2306. Joints - Pipe shall be joined using an integral bell and spigot joint meeting ASTM F2306 specifications. The joint shall be soil tight and gaskets, when applicable, shall meet the requirements of ASTM F477. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. D. Subgrade Drain - Shall be heavy duty corrugated polyethylene perforated pipe manufactured by Advanced Drainage Systems (ADS) or equivalent and shall conform to ASTM F-405. 2.2 DRAINAGE STRUCTURES A. Details -See plans. Concrete - Reinforced and non -reinforced. Minimum compressive strength = 3,000 p.s.i. at 28 days. Reinforcing shall be covered by a minimum 1 inch of concrete for top slabs and 1 '/2 inches for walls and bases and 3 inches where concrete is deposited directly against the ground. Expansion joint filler materials shall conform to ASTM D 1751 or D 1752. C. Mortar - Connection of pipe and drainage structures shall be composed of one part by volume of Portland cement and two parts of sand. The Portland cement shall conform to ASTM C-150, Type I or II. The sand shall conform to ASTM C-144 Z:\23988\23988.0000\Engineering\Calculations\Storm Wafer\Full Storm Report 07-10-12\02720.doc Revised January 02720-6 and shall be of an approved gradation. Hydrated lime may be added to the mixture of sand and cement in an amount equal to 25% of the volume of cement used. Hydrated lime shall conform to ASTM C-207, Type S. The quantity of water in the mixture shall be sufficient to produce a workable mortar, but shall in no case exceed 7 gallons of water per sack of cement. Water shall be clean and free of harmful acids, alkalies and organic impurities. The mortar shall be used within 30 minutes from the time the ingredients are mixed with water. D. Brick Masonry - Brick shall conform to ASTM Specification C-62, Grade SW or C-55, Grade S. Mortar for jointing and plastering shall consist of one part Portland cement and two parts fine sand. Lime may be added to the mortar in the amount not more than 25% of the volume of cement. The joints shall be completely filled and shall be smooth and free from surplus mortar on the inside of the structure. Brick structures shall be plastered with '/2 inch of mortar over the entire outside surface of the walls. For square or rectangular structures, brick shall be laid in stretcher courses with a header course every sixth course, and for round structures, brick shall be laid radially with every sixth course a stretcher course. E. Precast - Shall be constructed in accordance with ASTM C-478, C-913, or C-1433 and conform to the details on the project drawings. Joints - Shall be tongue and groove sealed with flexible gaskets or mastic sealant. Gaskets shall be O-Ring or Type A or B "Tylox" conforming to ASTM C443 and mastic shall be "Ram-nek" or equivalent with primer. The primer shall be applied to all contact surfaces of the manhole joint at the factory in accordance with the manufacturer's instructions. 2. Steps - Shall be polypropylene equivalent to M.A. Industries, Type PS-1 or PS-1-PF. The steps shall be installed at the manhole factory and in accordance with the recommendations of the step manufacturer. Manholes will not be acceptable if steps are not installed accordingly. 3. Leaks - No leaks in the manhole will be acceptable. All repairs made from inside the manhole shall be made with mortar composed of one part potland cement and two parts clean sand; the mixing liquid shall be straight bonding agent equivalent to "Acryl 60." F. Frame, cover & grating shall conform to the details shown on the project drawings. Grates in pavement and in other flush -mounted type surfaces shall be of a "bicycle -safe" configuration consisting of 45 degree diagonal bars or slotted grates with a maximum clear opening of 1 inch and a maximum length of 9- inches. In any case, the long dimension of the openings should be located transverse to the direction of traffic when.possible. 2.3 FILTER FABRIC A. Shall be a non -woven heat -bonded fiber of polypropylene and nylon filaments equivalent to Mirafi 140 N. The fabric shall be finished so the filaments will retain their relative position with respect to each other. The fabric shall contain stabilizers and/or inhibitors added to the base plastic to make the filaments resistant to deterioration due to ultraviolet and/or heat exposure. The product shall be free of flaws, rips, holes, or defects. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January 02720-7 2.4 SOILS AND STONE AGGREGATES A. Stone aggregate shall be clean crushed granite or concrete meeting the gradation requirements of grade No. 57. B. Soils used for bedding, hounching, and initial backfill shall be as shown in the following table and shall meet the requirements and classifications of ASTM D2321 and ASTM D2487. Percentage Passing Sieve Sizes Soil No. Group ]inch No.4 200 Symbol (4.75 (0.075 Class T e D 2487 Descri tion mm mm Manufactured, Angular, crushed stone (or Processed other Class IA materials) and IB Aggregates; None stone/sand mixtures with 100% <50% <5% dense -graded, gradations selected to minimize clean. migration of adjacent soils; contain little or no fines. Well -graded grovels and G W gravel -sand mixtures; little or no <50% of fines. "Coarse Poorly -graded grovels and Coarse - Fraction Grained Soils, GP gravel -sand mixtures; little or no 100% " <5% clean fines. SW Well -graded sands and gravelly >50% of II sands; little or no fines. "Coarse SP Poorly -graded sands and Fraction gravellysands; little or no fines. Coarse -Grained Eg. Sands and grovels that ore 5% Soils; borderline GW- borderline between clean and 100% Varies to clean to w/fines. GC, SP- with fines. 12% m. GM Silty grovels, gravel -sand -silt <50%of mixtures. "Coarse GC Clayey gravels, gravel -sand- Fraction III Coarse -Grained clay mixtures. 100% 5% SM Silty sands, sand -silt mixtures. Soils with Fines Clayey sands, sand -clay "Coarse SC mixtures. Fraction Inorganic silts and very fine sands, rock flour, silty or clayey ML fine sands, silts with slight IVA Fine-grained soils plasticity. 100% 100% >50% (inorganic) Inorganic clays of low to CL medium plasticity, gravely clays, sandy clays, silty clays, Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January 02720-8 2.5 PRODUCT REVIEW A. The Contractor shall provide the Owner with a complete description of all products before ordering. The Owner will review all products by the submittal of shop drawings before they are ordered. PART 3 — EXECUTION 3.1 ON SITE OBSERVATIONS OF WORK A. The line, grade, deflection, and infiltration of storm sewers shall be tested by the Contractor under the direction of the Owner or Engineer. The Owner's Representative or Engineer will have the right to require any portion of the work be completed in their presence and if the work is covered up after such instruction, it shall be exposed by the Contractor for observation. However, if the Contractor notifies the Engineer such work is scheduled and the Engineer fails to appear within 48-hours, the Contractor may proceed. All work completed and material furnished shall be subject to review by the Engineer or Project Representative. All improper work shall be reconstructed. All materials that do not conform to the requirements of the specifications shall be removed from the work upon notice being received from the Engineer for the rejection of such materials. Engineer shall have the right to mark rejected materials to distinguish them as such. Contractor shall give the Project Engineer or Project Representative a minimum of 48-hours notice for all required observations or tests. Storm sewers shall be dry for observation by the Engineer. Lines under water shall be pumped out by the Contractor prior to observation, at no additional cost to the Owner. It will also be required of the Contractor to keep accurate, legible records of the location of all storm sewer lines and appurtenances. These records will be prepared in accordance with the paragraph on "Record Data and Drawings" in the Special Conditions. Final payment to the Contractor will be withheld until all such information is received and accepted. 3.2 EXCAVATION FOR PIPE AND STRUCTURES A. Excavated material shall be piled a sufficient distance from the trench banks to avoid overloading to prevent slides or cave-ins. Remove from site all material not required or suitable for backfill. C. Grade as necessary to prevent water from flowing into excavations. D. Remove all water accumulating in the excavation, from surface flow, seepage, or otherwise, by pumping or other approved method. E. Sheeting, bracing or shoring shall be used as necessary for the protection of the work and safety of personnel: Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January 02720-9 3.3 TRENCHING FOR PIPE A. Trenching for Pipe - The width of trenches at any point below the top of pipe shall be not greater than the outside diameter of the pipe plus 4 feet to permit satisfactory jointing and thorough bedding, haunching, backfilling and compacting under and around pipes. Sheeting and bracing where required shall be placed within the trench width as specified. Care shall be taken not to over - excavate. Where trench widths are exceeded, redesign with a resultant increase in cost of stronger pipe or special installation procedures shall be necessary. Cost of this re -design and increased cost of pipe or installation shall be borne by the Contractor without additional cost to the Owner. When installing pipe in a positive projecting embankment installation, the embankment shall be installed to an elevation of at least 1 foot above the top of the pipe for a width of five pipe diameters on each side of the pipe before installation of the pipe. B. Removal of Unsuitable Material - Where wet or otherwise unstable soil, incapable of supporting the pipe is encountered in the bottom of the trench, such material shall be removed to the depth required and replaced to the proper grade with stone or sand foundation as determined by the Owner's Geotechnical representative. This foundation shall be compacted to 95% modified proctor. 3.4 PROTECTION OF UTILITY LINES A. Existing utility lines shown on the drawings or the locations of which are made known to the Contractor prior to excavation, and are to be retained, as well as utility lines constructed during excavation operations, shall be protected from damage during excavation and backfilling, and if damaged, shall be repaired at the Contractor's expense. If the Contractor damages any existing utility lines not shown on the drawings or the locations of which are not known to the Contractor, report thereof shall be made immediately. If the Engineer determines repairs shall be made by the Contractor, such repairs will be ordered under the clause of the GENERAL CONDITIONS of the contract entitled "CHANGES:' When utility lines to be removed are encountered within the area of operations, the Contractor shall notify the Engineer in ample time for the necessary measures to be taken to prevent interruption of service. 3.5 FOUNDATION AND BEDDING A. Stone Foundation - Where the subgrade of the pipe is unsuitable material, the Contractor shall remove the unsuitable material to a depth determined by the Engineer or Geotechnical Consultant and furnish and place stone foundation in the trench to stabilize the subgrade. B. Sand Foundation - Where the character of the soil is unsuitable, even though dewatered, additional excavation to a depth determined by the Engineer or Geotechnical Consultant shall be made and replaced with clean sand furnished by the Contractor. C. Bedding for the pipe shall provide a firm surface of uniform density throughout the entire length of pipe. Before laying pipe, the trench bottom shall be de -watered by the use of well points. Where well points will not remove the water, the Z:\23988\23988.0000\Engineering\Calculations\Storm water\Full Storm Report 07-10-12\02720.doc Revised January 02720-10 Contractor shall construct sumps and use pumps to remove all water from the bedding surface. The pipe shall be carefully bedded in stone accurately shaped and rounded to conform to the lowest 1/3 of the outside portion of circular pipe, or to the lower curved portion of arch pipe for the entire length of the pipe. Bell holes and depressions for joints shall be only of such length, depth, and width as required for properly making the particular type joint. D. Concrete Pipe: Materials for bedding concrete pipe shall be either Class II, Class III, or Class IB if processed, to minimize migration of adjacent material. 2. The depth of bedding shall be equal to 1/24 the outer diameter of the pipe or 3 inches, whichever is greater. 3. The bedding area under the center of the pipe for a width of 1 /3 the outer diameter of the pipe, known as the middle bedding, shall be loosely placed. The remainder of the bedding for the full width of the trench shall be compacted to a minimum density of 85% for Class II bedding and 90% for Class III bedding as determined by ASTM D1557. E. Polyethylene and Corrugated Aluminum Alloy Pipe Materials for bedding polyethylene and corrugated aluminum alloy pipe shall be either Class II, Class III, or Class IB if processed to minimize migration of adjacent materials. The depth of bedding shall be equal to 1/10 the outer diameter of the pipe or a minimum of 6 inches, whichever is greater. 3. The bedding area under the center of the pipe for a width of 1 /3 the outer diameter of the pipe, known as the middle bedding shall be loosely placed. The remainder of the bedding for the full width of the trench shall be compacted to a minimum density of 90% for Class II bedding and 95% for Class III bedding. 3.6 HAUNCHING, INITIAL BACKFILL, AND FINAL BACKFILL A. Haunching - After the bedding has been prepared and the pipe is installed, Class II or Class III soil shall be placed along both sides of the pipe in layers not exceeding 6 inches in compacted depth. Care shall be taken to insure thorough compaction and fill under the haunches of the pipe. Each layer shall be thoroughly compacted with mechanical tampers and rammers. Haunching shall extend up to the spring line of the pipe and be compacted to the following densities: RCP: Minimum density shall be 90% as determined by ASTM D1557. 2. HDPE and Corrugated Aluminum Alloy Pipe: Minimum density shall be 95% as determined by ASTM D1557. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January 02720-1 1 B. Initial Backfill - HDPE and corrugated aluminum alloy pipe require initial backfill material of either Class II or Class III soils to be placed from the spring line to a minimum of 6 inches above the top of the pipe in 6 inch lifts. This initial backfill shall be compacted to a minimum density of 95% as determined by ASTM D1557. Reinforced concrete pipe does not specifically require initial backfill. Initial backfill for reinforced concrete pipe can be the some as final backfill. C. Final Backfill - For all pipes, it should extend to the surface and shall be select materials compacted to a minimum of 98% as determined by ASTM D1557 if the pipe is under pavement. If the pipe is in grassed areas final backfill may be native materials compacted to a minimum density of 90% as determined by ASTM D 1557. 3.7 PLACING PIPE A. Each pipe shall be carefully examined before being laid, and defective or damaged pipe shall not be used. Pipe lines shall be laid to the grades and alignment indicated. Proper facilities shall be provided for lowering sections of pipe into trenches. Under no circumstances shall pipe be laid in water, and no pipe shall be laid when trench conditions or weather are unsuitable for such work. Diversion of drainage or dewatering of trenches during construction shall be provided as necessary. All pipe in place shall have been checked before backfilling. When storm drain pipe terminates in a new ditch, the headwall or end section together with ditch pavement, if specified, shall be constructed immediately as called for on the plans. Ditch slopes and disturbed earth areas shall be grassed and mulched as required. The Contractor will be responsible for maintaining these newly constructed ditches and take immediate action subject to approval to keep erosion of the ditch bottom and slopes to a minimum during the life of the contract. No additional compensation will be given to the Contractor for the required diversion of drainage and/or dewatering of trenches. Grassing the trench backfill shall conform to requirements of Section 02902 - "Grassing." Concrete Pipe: Laying shall proceed upgrade with the spigot ends of bell and spigot pipe and the tongue ends of tongue and groove pipe pointing in the direction of the flow. Place pipe in trench with the invert conforming to required elevations, slopes and alignment. Provide bell holes in pipe bedding in order to insure uniform pipe support. Fill all voids under the pipe by working in backfill material. C. Corrugated Aluminum Pipe: Shall be laid with the separate sections joined firmly together, with the outside laps of circumferential joints pointing upstream and with longitudinal laps on the side. Lifting lugs, where used, shall be placed to facilitate moving the pipe without damage to the exterior or interior coatings. Place pipe in trench with the invert conforming to required elevations, slopes and alignment. Fill all voids under the pipe by working in backfill material. Polyethylene Pipe - Laying shall proceed upgrade with the spigot ends of the bell and spigot pipe pointing in the direction of the flow. Place pipe in trench with the invert conforming to required elevations, slopes, and alignment. Provide bell holes in pipe bedding in order to ensure uniform pipe support.- Fill all voids under Z:\23988\23988.0000\Engineering\Calculations\Storm wafer\Full Storm Report 07-10-12\02720.doc Revised January 02720-12 the pipe by working in bedding material. Pipe shall be installed in accordance with ASTM D-2321. E. Subgrade Drain Tubing - Shall be laid as detailed on the construction drawings with the invert conforming to required elevations and alignment. 3.8 JOINTS IN PIPES A. Concrete Pipe - Joints in concrete pipe shall be either 'O' ring watertight flexible rubber or tongue and groove as indicated on the plans. Gasketed, single offset joints may be used if approved by the Engineer. Maintain pipe alignment and prevent infiltration of fill material at joints during installation. 'O' ring and single offset joints shall meet the requirements of ASTM C443. They shall utilize either a rubber gasket with a circular cross section or a rectangular cross section. Gaskets shall have no more than one splice, except two splices of the gasket will be permitted if the nominal diameter of the pipe exceeds 54 inches. Manufacturer's recommendations and requirements shall be followed. Tongue and groove joints shall utilize a bituminous mastic such as Ram-Nek or approved equal. The joint surfaces shall be primed according to manufacturer's recommendations. Care shall be taken to insure the mastic material completely and uniformly seals the joint. 3. All tongue and groove joints shall receive one layer of filter fabric completely around the exterior of the joint. The filter fabric shall be a minimum of 2 feet wide, centered on the joint, and overlapped a minimum of 1 foot. B. Corrugated Aluminum Pipe - Maintain pipe alignment and prevent infiltration of fill material at joints during installation. Installation of Gaskets - Shall be in accordance with the recommendations of the manufacturer in regard to the use of lubricants and cements and other special installation requirements. The gasket shall be placed over one end of a section of pipe for half the width of the gasket. The other half shall be doubled over the end of the same pipe. When the adjoining section of pipe is in place, the double -over half of the gasket shall then be rolled over the adjoining section. Any unevenness in overlap shall be corrected so the gasket covers the ends of the pipe sections equally. Connecting bands shall then be centered over the adjoining sections of pipe, and rods or bolts placed in position and nuts tightened. The band shall be tightened evenly. Tension shall be kept on the rods or bolts and the gasket shall be closely observed to see it is seating properly in the corrugations. 2. Installation of Filter Fabric at Joint - After the connecting band has been tightened; the Contractor shall place one layer of filter fabric completely around the exterior of the joint, a minimum of 2 feet wide, centered on the joint, and overlapped a minimum of 1 foot. Z:\23988\23988.0000\Engineering\Calculations\Storm Wafer\Full Storm Report 07-10-12\02720.doc Revised January 3.9 02720-13 C. Polyethylene Pipe - Maintain pipe alignment and prevent infiltration of fill material at joints during installation Joints shall be gasketed soil -tight bell and spigot meeting ASTM F2306. Gaskets shall meet the requirements of ASTM F477. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. Pipe shall be inserted into the bell using methods recommended by the manufacturer. Pipe shall be kept true to line and grade during assembly. 2. Installation of Filter Fabric at Joint - All polyethylene pipe joints shall receive one layer of filter fabric completely around the exterior of the joint. The filter fabric shall be a minimum of 2 feet wide, centered on the joint, and overlapped a minimum of 1 foot. D. Subgrade Drain Tubing - Joints shall be joined using snap couplings. When installing sock wrapped pipe, overlap sock ends over coupling and secure with polyethylene tape. FIELD QUALITY CONTROL A. Soil and density tests shall be made by a testing laboratory approved by the Engineer and shall be made at the Contractor's expense. Laboratory tests of the soil shall be made in accordance with ASTM D 1557. In -place density tests shall be made in accordance with ASTM D 2922. Results of the tests shall be furnished to the Engineer. The minimum number of tests required shall be: Haunching and Initial Backfill in all areas.... 1 per 100-linear feet of pipe, minimum of one per run of pipe for both the hounching and initial Backfill zones. Final Backfill over pipe in traffic areas........... 1 per 100-linear feet or less for each 4-feet of depth or portion thereof. Final Backfill over pipe in non -traffic areas..... 1 per 500-linear feet or less for each 6-feet of depth or portion thereof. The minimum percent of compaction of the backfill material (in accordance to ASTM D1557) shall be the following: In traffic Areas....... 98% of maximum laboratory density. In non -traffic Areas ... 90% of maximum laboratory density, unless otherwise approved by the Engineer. B. It is the Contractor's responsibility to assure backfill is sufficient to limit pipe deflection to no more than 5%. When flexible pipe is used, a deflection test shall be made by the Contractor on the entire length of installed pipeline, not less than Z:\23988\23988.0000\Engineering\Calculations\Storm water\Full Storm Report 07-10-12\02720.doc Revised January 02720-14 30-days after completion of all backfill and placement of any fill. Deflection shall be determined by use of a deflection device or by use of a spherical, spheroidal, or elliptical ball, a cylinder, or circular sections fused to a common shaft. The ball, cylinder, or circular sections shall have a diameter, or minor diameter as applicable, of 95% of the inside pipe diameter. The ball, cylinder, or circular sections shall be of a homogeneous material throughout, shall have a density greater than 1.0 as related to water at 39.2 degrees F, and shall have a surface brinell hardness of not less than 150. The device shall be center bored and through bolted with a 114 inch minimum diameter steel shaft having a yield strength of 70,000 p.s.i. or more, with eyes at each end for attaching pulling cables. The eye shall be suitably backed with flange or heavy washer; a pull exerted on the opposite end of the shaft shall produce compression throughout the remote end of the ball, cylinder, or circular section. Circular sections shall be spaced so the distance from the external faces of the front and back sections shall equal or exceed the diameter of the circular section. Failure of the ball, cylinder, or circular section to pass freely through a pipe run, either by being pulled through by hand or by being flushed through with water, shall be cause for rejection of that run. When a deflection device is used for the test in lieu of the ball, cylinder, or circular sections described, such device shall be approved prior to use. The device shall be sensitive to 1.0% of the diameter of the pipe being measured and shall be accurate to 1.0% of the indicated dimension. Installed pipe showing deflections greater than 5% of the normal diameter of the pipe shall be retested by a run from the opposite direction. If the retest also fails, the suspect pipe shall be repaired or replaced at no cost to the Owner. C. 50% of pipes under roadways shall be televised and video recorded. The video observation shall include a complete pan view of each joint. If the video observation indicates problems, further televising may be required. Additional televising and video recording will be at no. additional cost to the Owner. 3.10 DRAINAGE STRUCTURES A. Drainage structures shall be constructed of the materials specified for each type and in accordance with the details shown on the drawings. 3.11 REMOVE AND REPLACE PAVEMENT A. Pavement shall only be removed after prior written authorization by the Owner. Pavement removed and replaced shall be constructed in accordance with the latest specifications of the State Department of Transportation. Traffic shall be maintained and controlled per State Department of Transportation regulations.. 3.12 CONNECT PIPE TO EXISTING STRUCTURES A. The Contractor shall connect pipe to the existing structure where indicated. For brick or precast structures, a hole not more than 4 inches larger than the outside diameter of the new pipe shall be cut or cored neatly in the structure, the new pipe laid so it is flush with the inside face of the structure, and the annular space around the pipe filled with a damp, expanding mortar or grout to make a watertight seal. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January 02720-1 S END OF SECTION Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02720.doc Revised January INDEX TO SECTION 02902 • GRASSING Paragraph Title Page PART 1 -GENERAL 1.1 Section Includes 02902-1 1.2 Related Work 02902-1 1.3 Delivery, Storage & Handling 02902-1 1.4 Planting Dates 02902-1 1.5 Measurement and Payment 02902-1 PART 2 - PRODUCTS 2.1 Seed 02902-2 2.2 Fertilizer 02902-2 2.3 Seeding Schedule 02902-2 2.4 Lime 02902-2 2.5 Sod 02902-2 2.6 Accessories 02902-2 2.7 Product Review 02902-3 PART 3 - EXECUTION 3.1 Preparation 02902-3 3.2 Stand of Grass 02902-3 3.3 Seeding Dates 02902-3 3.4 Application Lime and Fertilizer 02902-3 3.5 Seeding 02902-4 3.6 Seed Protection (Straw Mulch) 02902-4 3.7 Seed Protection (Excelsior Mulch) 02902-4 3.8 Seed Protection (Wood Cellulose Fiber Mulch) 02902-5 3.9 Sodding 02902-5 3.10 Maintenance 02902-5 3.11 Acceptance 02902-5 Z:\23988\23988.0000\Engineering\Calculations\Storm water\Full Storm Report 07-10-12\02902.doc Revised J SECTION 02902 GRASSING PART 1 - GENERAL 1.1 SECTION INCLUDES 02902-1 A. Seeding, planting grass, and fertilizing graded areas behind the structures, pipeline rights -of -way, roadway shoulders and other disturbed areas. Seed protection. C. Maintaining seeded areas until final acceptance. 1.2 RELATED WORK A. Section 02204 - Earthwork: Grading. 1.3 DELIVERY, STORAGE, AND HANDLING A. Deliver grass seed in original containers showing analysis of seed mixture, percentage of pure seed, year of production, net weight, date of packaging, and location of packaging. Damaged packages are not acceptable. B. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer. Damaged bags are not acceptable. C. Deliver sod on pallets. D. All material shall be acceptable to Engineer prior to use. 1.4 PLANTING DATES A. This specification provides for the establishment of a permanent grass cover between the dates of March 1 and September 30. If finished earth grades are not completed in time to permit planting and establishment of the permanent grass during the favorable season between the dates specified above unless otherwise accepted, the Contractor will be required to plant a temporary cover to protect the new graded areas from erosion and to keep windborne dust to a minimum. The temporary cover shall be planted between October 1 and February 28 unless otherwise permitted. 1.5 MEASUREMENT AND PAYMENT A. See Section 01025 - Measurement and Payment. Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02902.doc Revised J 02902-2 PART 2— PRODUCTS 2.1 SEED A. Permanent Cover: Per Landscape Plan. Temporary seeding per plan B. All seed shall conform to all State Laws and to all requirements and regulations of the State Department of Agriculture. C. The several varieties of seed shall be individually packaged or bagged, and tagged to show name of seed, net weight, origin, germination, lot number, and other information required by the State Department of Agriculture. D. The Engineer reserves the right to test, reject, or accept all seed before seeding. 2.2 FERTILIZER A. 4-12-12, commercial fertilizer of approved type, conforming to state fertilizer laws. 2.3 SEEDING SCHEDULE A. Per the Landscape Plan. B. In areas where existing grass is to be matched, Contractor shall sow seed at the rate and dates recommended by seed distributor. 2.4 LIME A. Agricultural grade, ground limestone. 1.5 tons/acre 2.5 SOD A. Sod shall be densely rooted, good quality centipede grass, free from noxious weeds. The sod shall be obtained from areas where the soil is reasonably fertile. The sod shall be raked free of all debris and the grass mowed to 2 inches before cutting. The sod shall contain practically all of the dense root system and not be less than 1-inch thick. Sod shall be cut in uniform strips not less than 12 inches in width and not less than 24 inches in length. 2.6 ACCESSORIES A. Straw Mulch: Oat or wheat straw, reasonably free from weeds, foreign matter detrimental to plant life, and in dry condition. B. Excelsior Mulch: Excelsior mulch shall consist of wood fibers cut from sound, green timber. The average length of the fibers shall be 4 to 6 inches. The cut shall be made in such a manner as to provide maximum strength of fiber, but at a slight angle to the natural grain of the wood to cause splintering of the fibers when weathering in order to provide adherence to each other and to the soil. C. Wood cellulose fiber shall be made from wood chip particles manufactured particularly for discharging uniformly on the ground surface when dispersed by a hydraulic water sprayer. It shall remain in uniform suspension in water under Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02902.doc Revised J 02902-3 agitation and blend with grass seed and fertilizer to form a homogenous slurry. The mulch fibers shall intertwine physically to form a strong moisture holding mat on the ground surface and allow rainfall to percolate into the underlying soil. The mulch shall be heat processed to contain no germination or growth -inhibiting factors. It shall be dyed (non -toxic) an appropriate color to facilitate metering of material. Y �a;101111141■;1191AYJ A. The Contractor shall provide the Engineer with a complete description of all products before ordering. The Engineer will review all products before they are ordered. PART 3 — EXECUTION 3.1 PREPARATION A. The areas to be seeded shall be made smooth and uniform and shall conform to the finished grade indicated on the plans. B. Remove foreign materials, plants, roots, stones, and debris from surfaces to be seeded. C- Grassing areas, if not loose, shall be loosened to a minimum depth of 3 inches before fertilizer, seed or sod is applied. 3.2 STAND OF GRASS A. Before acceptance of the seeding performed for the establishment of permanent vegetation, the Contractor will be required to produce a satisfactory stand of perennial grass whose root system shall be developed sufficiently to survive dry periods and the winter weather and be capable of re-establishment in the spring. B. Before acceptance of the seeding performed for the establishment of temporary vegetation, the Contractor will be required to produce a stand of grass sufficient to control erosion for a given area and length of time before the next phase of construction or the establishment of permanent vegetation is to commence. 3.3 SEEDING DATES A. Seeding shall be performed during the periods and at the rates specified in the seeding schedules. Seeding work may, at the discretion of the Contractor, be performed throughout the year using the schedule prescribed for the given period. Seeding work shall not be conducted when the ground is frozen or excessively wet. The Contractor will be required to produce a satisfactory stand of grass regardless of the period of the year the work is performed. 3.4 APPLYING LIME AND FERTILIZER A. Following advance preparation and placing selected material for shoulders and slopes, lime, if called for based on soil tests and fertilizer, shall be spread uniformly over the designated areas, and shall be thoroughly mixed with the soil to a depth of approximately 2 inches. Fertilizer shall be applied at the rate of 500 pounds per acre Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02902.doc Revised J 02902-4 for the initial application unless otherwise directed by the Engineer. Lime shall be applied at the rate specified on the plans. Unless otherwise provided, lime will not be applied for temporary seeding. In all cases where practicable, acceptable mechanical spreaders shall be used for spreading fertilizer. On steep slopes subject to slides and inaccessible to power equipment, the slopes shall be adequately scarified. Fertilizer may be applied on steep slopes by hydraulic methods as a mixture of fertilizer and seed. When fertilizer is applied with combination seed and fertilizer drills, no further incorporation will be necessary. The fertilizer and seed shall be applied together when Wood Cellulose Fiber Mulch is used. Any stones larger than 21h inches in any dimension, larger clods, roots, or other debris brought to the surface shall be removed. B1E�144P3Glei A. Seed shall be sown within 24 hours following the application of fertilizer and lime and preparation of the seedbed as specified in Section 3.4. Seed shall be uniformly sown at the rate specified by the use of acceptable mechanical seed drills. Rotary hand seeders, power sprayers or other satisfactory equipment may be used on steep slopes or on other areas inaccessible to seed drills. B. The seeds shall be covered and lightly compacted by means of cultipacker or light roller if the drill does not perform this operation. On slopes inaccessible to compaction equipment, the seed shall be covered by dragging spiked chains, by light harrowing or by other satisfactory methods. C. Apply water with fine spray immediately after each area has been sown. D. Do not sow seed when ground is too dry, during windy periods or immediately following a rain. E. If permitted by the special provisions, wood cellulose fiber mulch or excelsior fiber mulch may be used. 3.6 SEED PROTECTION (STRAW MULCH) A. All seeded areas seeded with permanent grasses shall be uniformly mulched in a continuous blanket immediately following seeding and compacting operations, using at least 2 tons of straw per acre. Mulch shall be anchored by weighted farm disc and/or suitable mechanical equipment. Bond straw mulch by spraying with asphalt emulsion at a rate of 10 to 13 gal/1000 sq. ft. Take precautions to prevent damage or staining of adjacent structures. 3.7 SEED PROTECTION (EXCELSIOR MULCH) A. Seed shall be sown as specified in Section 3.5. Within 24 hours after the covering of seed, excelsior mulch shall be uniformly applied at the rate of 2 tons per acre. The mulch may be applied hydraulically or by other acceptable methods. Should the mulch be placed in a dry condition, it shall be thoroughly wetted immediately after placing. The Engineer may require light rolling of the mulch to form a tight mat. Z:\23988\23988.0000\Engineering\Calculations\Storm wafer\Full Storm Report 07-10-12\02902.doc Revised J 02902-5 3.8 SEED PROTECTION (WOOD CELLULOSE FIBER MULCH) A. After the lime has been applied and ground prepared as specified in Section 3.4, wood cellulose fiber mulch shall be applied at the rate of 1,500 pounds per acre in a mixture of seed and fertilizer. Hydraulic equipment shall be used for the application of fertilizer, seed, and slurry of the prepared wood pulp. This equipment shall have a built-in agitation system with an operating capacity sufficient to agitate, suspend, and homogeneously mix a slurry of the specified amount of fiber, fertilizer, seed, and water. The slurry distribution lines shall be large enough to prevent stoppage. The discharge line shall be equipped with a set of hydraulic spray nozzles which will provide an even distribution of the slurry on the various areas to be seeded. The slurry tank shall have a minimum capacity of 1,000 gallons. The seed, fertilizer, wood pulp mulch, and water shall all be combined into the slurry tank for distribution of all ingredients in one operation by the hydraulic seeding method specified herein. The materials shall be combined in a manner recommended by the manufacturer. The slurry mixture shall be regulated so the amounts and rates of application shall result in a uniform application of all materials at rates not less than the amount specified. Using the color of the wood pulp as a guide, the equipment operator shall spray the prepared seedbed with a uniform visible coat. The slurry shall be applied in a sweeping motion, in an arched stream to fall like rain, allowing the wood fibers to build upon each other until an even coat is achieved. 3.9 SODDING A. Sod shall be placed between March 1 st and December 1:t. B. Sod shall be placed within 48 hours of cutting C. Sod shall be moist when laid and placed on moist ground. The sod shall be carefully placed by hand, beginning at the toe of slopes and working upwards. The length of the strips shall be at right angles to the flow of surface water. All joints shall be tightly butted and end joints shall be staggered at least 12 inches. The sod shall be immediately pressed firmly into the ground by tamping or rolling. Fill all joints between strips with fine screened soil. Sod on slopes shall be pegged with sod pegs to prevent movement. The sod shall be watered, mowed, weeded, repaired, or otherwise maintained, to insure the establishment of a uniform healthy stand of grass until acceptance. 3.10 MAINTENANCE A. Maintain seeded surfaces until final acceptance. B. Maintenance shall consist of providing protection against traffic, watering to ensure uniform seed germination and to keep surface of soil damp, and repairing any areas damaged as a result of construction operations or erosion. 3.11 ACCEPTANCE A. Before acceptance of the seeding performed for the establishment of permanent vegetation, the Contractor will be required to produce a satisfactory stand of Z:\23988\23988.0000\Engineering\Calculation5\Storm water\Full Storm Report 07-10-12\02902.doc Revised J 02902-6 perennial gross whose root system shall be developed sufficiently to survive dry periods and the winter weather and be capable of reestablishment in the spring. B. A minimum coverage of 90% is required before project acceptance. END OF SECTION Z:\23988\23988.0000\Engineering\Calculations\Storm Water\Full Storm Report 07-10-12\02902.doc Revised J TO: Christine Nelson NCDENR - Division of Water Quality 127 Cardinal Drive Extension Wilmington, INC 28405 We are sending you ® attached ❑ under separate cover LETTER OF TRANSMITTAL Date: 8/3/12 Job No.: 23988,303 Re: Taco Bell Snoods Ferry, NC EXPRESS Stormwater Project No. SW8 120708 UPS the following items. Copies Date Description 1 8/3/12 Comment Response Letter 1 7/26/12 Wet Detention Basin Supplement REVISED Application Form 1 8/3/12 Stormwater & Erosion Control Design Considerations REVISED Report) 2 sets 8/3/12 Site Plans REVISED Sheets: CO, C4.1, C5.1, & C8.2 These are transmitted as checked below: ® For Approval ❑ Approved as Submitted ® Resubmit Copies for Approval ® For Your Use ❑ Approved as Noted ❑ Submit Copies for Distribution ❑ As Requested ❑ Returned for Corrections ❑ Return Corrected Prints Remarks Please find the attached revisions. Copy to Signed SkzWa" W e^h9e-b-*- ® 1350 Farrow Parkway/P.O. Box 8000/Myrtle Beach, SC 29578-8000/Telephone (843) 839-3545/Fax (843) 839-3565 EECEIVE AUG 0 6 2012 BY• Z:\23988\23988.0000\Documents\Applications\DENR Stormwater\NCDENR-Nelson-T-Taco Bell Sneeds Ferry Resubmit 8-3-12.doc THOMAS & HUTTON 215 S. KERR AVENUE, UNIT B WILMINGTON, NC 28403 I 910.332.3360 WWW.THOMASANDHUTTON.COM August 3, 2012 Christine Nelson NCDENR 127 Cardinal Drive Ext. Wilmington, NC 28405 ALIS ?Ol? Request for Additional Information EXPRESS Stormwater Project No, SW8 120708 Taco Bell Sneads Ferry Onslow County, J - 23988.303 Dear Ms, Nelson: 1. Please re-evaluate the drawdown calculations. The drawdown calculations should be based on the difference in elevation between the permanent pool and the next available outlet (the set temporary pool elevation) as well as the required storage volume. With the temporary pool being 1.0 ff high (57.0 - 56.0 ft = 1.0 ff), the average head should be greater than 0.22 ff, which was used in the calculations. Drawdown calculations have been revised and are included in the revised Stormwater Report and Erosion Control Design Considerations. 2. Please correct the storage volume provided that is listed on the first page of the wet detention pond supplement. The volume provided is considered to be the volume provided in the temporary pool of the wet detention pond. A revised Wet detention pond supplement is attached with the updated temporary pool volume. 3. The outlet structure dimensions table on sheet C 8.2 indicates that the 18" outlet pipe will be set at an elevation of 56.14 ff. Plan sheet C5.1 also notes the invert as 56.14 ff. Please detail how the pond will be able to drawdown to the set permanent pool elevation of 56.00 ft. The invert for the 18" pipe has been changed to 56.00. Revised drawings C4.1, C5.1, and C8.2 are attached. 4. The emergency rip -rap weir overflow elevation had been changed to 27.0 ff according the plan sheet C8.2, however, the some callout on sheet C4.1 has not been updated. The elevation for the emergency rip rap channel has been revised to 57.00. Revised drawings are attached. 5. Please determine the elevation of the seasonal high water table and present it consistently throughout the application documents. In the information submitted on July 31, 2012, the SHWT elevation listed on the supplement had been corrected to 26.5 ff while the SHWT elevation reported on plan sheet C8.2 has been corrected to 26.0 ff. Plan sheet C4.1 identifies the SHWT as 26.5 ff. The SHWT elevation has been revised to 56.00 on the plans and supplement form. Sincerely, T(S 4HUTTO14NrL_ Jo\\ H. Richards, PE Principal/Project Manager SAVANNAH, GA I CHARLESTON. SC I MYRTLE BEACH, SC I BRUNSWICK, GA NC DENR - Division of Water Quality u7 Cardinal Drive Extension ZfS POST Wilmington, NC z8405 3 LIY o � RTNIY UOYN!5/� 02 1R $ ®®.450 0006559826 AUG01 2012 MAILED FROM ZIPCODE 28405 G1� GCS Ora MR. RONNIE MATTHEWS, MANAGER R & S WS PROPERTES, LLC 11� P.O. BOXox 87887886 is FAYETTEMLI F_ NC 28304 I NIXIE 283 DC 1 00 08/16/12 RETURid TO S^NDFR B NOT DELIVERALE 7AS ADDP.ESSED E TO C UNAIRL 0..RWAOf1 . 3C. 2840.540627 "-5^2 00375-02 43 —;B211G-- T+34BB; IuLlinlululllnnlilnlilnl illli �i1Ln LI1n11Lull 0aj8M,SAqpu.0Jjfj slopo pue snoun)'meppw'plow'eualaeq 10"A alp sn,x lswe0a p,en6 el ma6y lelgonlpl-guy ue gllm palea,l 610061 wall +ped 4lenD NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director August 1, 2012 Mr. Ronnie Matthews, Manager R & S Matthews Properties, LLC PO Box 87886 Fayetteville, NC 28304 Subject: Request for Additional Information Stormwater Project No. SW8 120708 Taco Bell Sneads Ferry Onslow County Dear Mr. Matthews: Natural Resources Dee Freeman Secretary The Wilmington Regional Office received an Express Stormwater Management Permit Application for the Taco Bell at Sneads Ferry on July 24, 2012 with additional information received on July 31, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Please re-evaluate the drawdown calculations. The drawdown calculations should be based on the difference in elevation between the permanent pool and the next available outlet (the set temporary pool elevation) as well as the required storage volume. With the temporary pool being 1.0 ft high (57.0 — 56.0 ft = 1.0 ft), the average head should be greater than 0.22 ft, which was used in the calculations. 2. Please correct the storage volume provided that is listed on the first page of the wet detention pond supplement. The volume provided is considered to be the volume provided in the temporary pool of the wet detention pond. 3. The outlet structure dimensions table on sheet C 8.2 indicates that the 18" outlet pipe will be set at an elevation of 56.14 ft. Plan sheet C5.1 also notes the invert as 56.14 ft. Please detail how the pond will be able to drawdown to the set permanent pool elevation of 56.00 ft. 4. The emergency rip -rap weir overflow elevation had been changed to 27.0 ft according the plan sheet C8.2, however, the same callout on sheet C4.1 has not been updated. 5. Please determine the elevation of the seasonal high water table and present it consistently throughout the application documents. In the information submitted on July 31, 2012, the SHWT elevation listed on the supplement had been corrected to 26.5 ft while the SHWT elevation reported on plan sheet C8.2 has been corrected to 26.0 ft. Plan sheet C4.1 identifies the SHWT as 26.5 ft. 6. Due to the potentially minor nature of these comments, the express additional information fee has been waived for this request for additional information. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910,350-20041 DENR Assistance: 1-877-623-6748 NorthCaroljna Internet: v .ncwaterquality.org a'�ahma l An Equal Opportunity\ AKrmatve Acton Employer (/ y 6 ! " Ronnie Matthews August 1, 2012 Stormwater Application No. SW8 120708 7. Please keep in mind that changing one number may change other numbers and require the calculations, supplements, and other supporting documentation to be updated. Verify all numbers are correct to ensure consistency in the application documents. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to August 9, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. Please note that a second significant request for additional information may result in the return of the project. If the project is returned, you will need to reschedule the project through the Express coordinator for the next available review date, and resubmit all of the required items, including the application fee. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please label all packages and cover letters as "Express" and reference the project name and State assigned project number on all correspondence. If you have any questions concerning this matter please feel free to call me at (910) 796-7323 or email me at christine.nelson@ncdenr.gov. Sincerely, OI 7 Christine Nelson Environmental Engineer GDS/can: S:\WQS\StormWater\Permits & Projects\2012\120708 HD\2012 08 addinfo 120708 cc: Jack Reel, Thomas & Hutton Engineering Wilmington Regional Office Page 2 of 2 Nelson, Christine From: Nelson, Christine Sent: Wednesday, August 01, 2012 11:01 AM To: 'Reel, Jack'; 'Riley, Brian';'ron@ffinc.net' Cc: Russell,_Janet-Richards-John--- Subject: Er request for additional info - Taco Bell in Sneads, Ferry Attachments: 2012 OS addinfo 120708.pdf Gentlemen, I have attached a pdf of the second request for additional information for the Taco Bell in Sneads Ferry, State Stormwater Permit No. SW8 120708!�:'Copies-of this-letter_will.also be senflrn the -mail! Let me know if you have any questions. Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. 1! llft� VM- WE THOMAS & HUTTON tut_ 12012 215 S. KERR AVENUE, UNIT B WILMINGTON, NC 28403 1 910.332,3360 ryy, WWW.THOMASAN DHUTTON.COM July 30, 2012 Fect JUL 8 Christine Nelson Environmental Engineer NCDENR 127 Cardinal Drive Ext. Wilmington, NC 28405 Subject: Request for Additional Information EXPRESS Stormwater Project No. SW8 120708 Taco Bell Sneads Ferry Onslow County 23988,303 Dear Ms. Nelson: We received your comments dated July 26, 2012 and offer the following responses: 1. The wet detention pond detail on sheet C 8.2 notes that a 10 foot wide weir will be provided in the forebay wall. Please identify the location of the forebay weir on the plans. The 10 foot wide forebay weir has been shown on plan sheet C4.1 and also on the wet pond detail on sheet C8.2. 2. Please provide the minimum of 3:1 length to width flow path in the BMP, According to the supplement, a 2:1 flow path has been provided. Sheetplle baffles have been added to the wet detention pond to provide a 3:1 flowpath and the supplement form has been updated to reflect the 3:1 flowpath. 3. The outlet structure detail on sheet C 8.2 Indicates that the 18- outlet pipe will be set at an elevation of 56.14 ft. Please detail how the pond will be able to drawdown to the set permanent pool elevation of 56.00 ft. The outlet pipe inverts have been corrected on sheet C8.2. 4 On the outlet structure detail on sheet C 8.2, please identify the outlet provided at the temporary pool elevation of 56.71 ft. The temporary pool elevation and associated volume is considered to be up to the next available outlet. The next available outlet on the outlet structure appears to be set at 58,50; however the emergency overflow weir elevation is set at 57.8 ff. Once the temporary pool elevation and volume is set, the drowd own time of the pond is based on the elevation difference between the temporary pool and the permanent pool as well as the required storage volume, not the provided storage volume. Please refer to Chapters 5 and 10 of the NC BMP manual for additional information on outlet structures. The outlet structure elevations have been revised on sheet C8.2. Revised wet pond calculations and a revised supplement form are attached for your review. 5. Please ensure that a minimum 1 foot of freeboard is provided above the maximum stage of the SAVANNAH, GA I CHARLESTON, SC I MYRTLE BEACH, SC I BRUNSWICK, GA Christine Nelson NCDENR July 30, 2012 Page 2 pond (or the overflow elevation) in order to protect the integrity of the BMP during excess rainfall events. The pond now has 1.5' of freeboard. 6. Since the contractors will not have access to the BMP manual to assist in selecting appropriate plants from Chapter 9, please either list a few selected species or include the approved plant list from Chapter 9 on the plans. A list of the plants from Chapter 9 has been included on sheet C8.2. 7. Please correct the seasonal high water table on sheet C8,2, The updated plans submitted on July 26, 2012 had not been corrected to reflect the seasonal high water table elevation is 26.0, not 26.5 ft. The SHWT has been corrected on sheet C8.2. Sincerely, TH MAS & HUTT� John H. Richards, PE Principal/Project Manager Nelson, Christine From: Nelson, Christine Sent: Thursday, July 26, 2012 1:00 PM To: 'Reel, Jack'; Riley, Brian Cc: Richards, John Subject: RE: request for additional information - Taco Bell in Sneads Ferry Jack, I understand, however the length to width ratio and the flow path look at 2 different things. The ultimate goal is to not allow the flow to short-circuit the pond and allow the sediment to drop out. Thus the compactly shaped ponds sometimes need to be designed with a bit more creativity when placing the forebay berm, forebay weir, and the outlet location to maximize the flow path. The location of the forebay weir was not noted on the plans, but I think you could increase the flow path, even if it only increases slightly, with a few minor tweaks. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Reel, Jack fmailto:reel.i(cbthomasandhutton.com] Sent: Thursday, July 26, 2012 12:25 PM To: Nelson, Christine; Riley, Brian Cc: Richards, John Subject: RE: request for additional information - Taco Bell in Sneads Ferry Christine, thank you for the prompt response. One comment for clarification... The BMP manual states the following: "A minimum length -to -width ratio of 1.5:1 is required, but a flow path of at least 3:1 is recommended." Considering the site constraints, we feel the design meets the criteria of the BMP manual because we exceed 1.5:1. We respectfully request to leave the pond as submitted. Please let us know if this is acceptable before we submit our responses. Jack D. Reel, P.E., LEED® AP 80+C Wilmington Regional Director Thomas & Hutton www.thomasandhutton.com reel. iCa)thomasa nd h utton. com (P) 910-332-3400 (F) 910-332-3361 From: Nelson, Christine fmailto:christine.nelson( ncdenr.gov] Sent: Thursday, July 26, 2012 11:57 AM To: Reel, Jack; Riley, Brian; ron(a)ffinc.net Cc: Russell, Janet; Richards, John Subject: request for additional information - Taco Bell in Sneads Ferry Gentlemen, I have attached a pelf of the request for additional information in response to the stormwater application package for the Taco Bell in Sneads Ferry, State Stormwater Permit No. SW8 120708. Copies of this letter will also be sent in the mail. Please let me know if you have any questions. Christine NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor July 26, 2012 Mr. Ronnie Matthews, Manager R & S Matthews Properties, LLC PO Box 87886 Fayetteville, NC 28304 Division of Water Quality Charles Wakild, P. E. Director Subject: Request for Additional Information Stormwater Project No. SW8 120708 Taco Bell Sneads Ferry Onslow County Dear Mr. Matthews: Dee Freeman Secretary The Wilmington Regional Office received an Express Stormwater Management Permit Application for the Taco Bell at Sneads Ferry on July 24, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. The wet detention pond detail on sheet C 8.2 notes that a 10 foot wide weir will be provided in the forebay wall. Please identify the location of the forebay weir on the plans. 2. Please provide the minimum of 3:1 length to width flow path in the BMP. According to the supplement, a 2:1 flow path has been provided. 3. The outlet structure detail on sheet C 8.2 indicates that the 18" outlet pipe will be set at an elevation of 56.14 ft. Please detail how the pond will be able to drawdown to the set permanent pool elevation of 56.00 ft. 4. On the outlet structure detail on sheet C 8.2, please identify the outlet provided at the temporary pool elevation of 56.71 ft. The temporary pool elevation and associated volume is considered to be up to the next available outlet. The next available outlet on the outlet structure appears to be set at 58.50; however the emergency overflow weir elevation is set at 57.8 ft. Once the temporary pool elevation and volume is set, the drawdown time of the pond is based on the elevation difference between the temporary pool and the permanent pool as well as the required storage volume, not the provided storage volume. Please refer to Chapters 5 and 10 of the NC BMP manual for additional information on outlet structures. 5. Please ensure that a minimum 1 foot of freeboard is provided above the maximum stage of the pond (or the overflow elevation) in order to protect the integrity of the BMP during excess rainfall events. 6. Since the contractors will not have access to the BMP manual to assist in selecting appropriate plants from Chapter 9, please either list a few selected species or include the approved plant list from Chapter 9 on the plans. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 NorthCarolina Internet: www.nmaterqualil .org )Vatumlly An Equal Dpporlunity 1 Af(rtnative Action Employer Ronnie Matthews July 26, 2012 Stormwater Application No. SW8 120708 7. Please correct the seasonal high water table on sheet C8.2. The updated plans submitted on July 26, 2012 had not been corrected to reflect the seasonal high water table elevation is 26.0, not 26.5 ft. 8. Due to the potentially minor nature of these comments, the express additional information fee has been waived for this request for additional information 9. Please keep in mind that changing one number may change other number and require the calculations, supplements, and other supporting documentation to be updated. Verify all numbers are correct to ensure consistency in the application documents. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to August 3, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. Please note that a second significant request for additional information may result in the return of the project. If the project is returned, you will need to reschedule the project through the Express coordinator for the next available review date, and resubmit all of the required items, including the application fee. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please label all packages and cover letters as "Express" and reference the project name and State assigned project number on all correspondence. If you have any questions concerning this matter please feel free to call me at (910) 796-7323 or email me at christine.nelson@ncdenr.gov. Sincerely, ncn l.Wtalw..t Christine Nelson Environmental Engineer GDS/can: S:\WQS\StormWater\Permits & Projects\2012\120708 HD\2012 07 addinfo 120708 cc: Jack Reek, Thomas & Hutton Engineering Co. Wilmington Regional Office Page 2 of 2 Nelson, Christine From: Nelson, Christine Sent: Thursday, July 26. 2012 11:57 AM To: 'Reel, Jack'; Riley, Brian;'ron@ffinc.net' Cc: Russell, Janet; Richards, John Subject: request for additional information - Taco Bell in Sneads Ferry Attachments: 2012 07 addinfo 120708.pdf Gentlemen, I have attached a pdf of the request for additional information in response to the stormwater application package for the Taco Bell in Sneads Ferry, State Stormwater Permit No. SW8 120708. Copies of this letter will also be sent in the mail. Please let me know if you have any questions. Christine Christine Nelson Environmental Engineer State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. s�acvoas• CowroereialAllla®eo `o. canon= North Camilna Association of RE'ALTORS- AGIMEMENTFOR PURCHASL+ ANV SALE. OF REAL PROPERTY THIS AGREGMEN'r. including any and all addtudaallachcd lxr n("Agmcmcnt'), is by and bctmen _ Mamv 6 Gl' des P tl tt a(si) -,�— iadividaal (individual oh Stoic o onmhon and lypeofenuty) POP. AND IN CONSLDBRATION OF THE MUTUAL PROMISFS SET FORTH HEREIN AND MMER GOOD AND VALUABLE CONSIDERATION, THE RECEIP'Y AND SUFFICIENCY OF WHICH ARE Bi3REBY ACKNOWLEDGED, 'THE PARTIES HERETO ,AGREE AS FOLLOWS: Saction L Tecnv and Defnitians: The Lt. Iided below shell hay. the rcsaadive i=owg given them as set font ntljuccot to cneh lam. (a):124t:3YlC,i'_:(Arldresa)2 Village Drives ennada bbr NC 28460 Ql,at lieferaxk: Lo!(s) ;IIlxk or Stclimt ,ns shudm nol'Ltr Drmh or Slide __ -ht i'nge(s) ~� County,mnsisling of 'erect ® if skis box ie checked, "Pmpay" shall min that progeny dea'ribcd ou Esbihit A allad l In.tn and incogtonncd oofmilb by keferauce, (For inlbmalirnl ptupuses: (i) Elio lax potty) nuwLet Of the Pmpeny is:..0/B76C urxL(ii)eumturnll of )lit Prnlx:dy, consisting of ajgiruzimulely .5 acres, is desciibed is DtM Hdlk 1703 ,Page No. _ 527 Onalow _Lonely.) lo-elbcr wino all building. atil impmvancnk Ibcieon and all ll'inm' and uppinlwonea' Ibe,cln :tod oI] pc,sonaf prupedy, if tiny, iimni-geA o t Exhibit A. 1`o75rl.co 3 t (h) "Pnrrl+ase Prue"shall mean tlte;um oP Ones Hundred 9ovantV-live 3hauaand p. J'n6lo an (he iolN,virrg &m v S _..`A.._5 U, 00.,t)0 (+) ;Syl'nrvt Mn'w"'hell )scot) __ Five Thnuaand___.__ Lull2i; or teen; as follows: ilpon ,his Agr nntcl becoming a rmnracl in a was me Wilh Scenes IA, Ihr, Earns) Muuny'hall be promptly dtposlled iu csermr wish __ anvinotnsents Unlimited CRB (name of persorJueity, pilb when dcpo,it'd),to beaPPlied es PanVaYutenl Of Ilia Paichaec Pr cu oClhe PIOPf ly of Glutting, or dishursed ca agreed upon urdr the provisions of Section In heroin. Pose 1 OC3 Thh torsi jo4nly approted by: STAHIiARD POIM 580-T Hard, Carnlins Dar Assncimion Rcs•Iscd 112011 Nor(h Clarollus Asca,hniun of REALTORSO, Inc. Buyer Initials^�M_„ __,_„ _ S<.Ilc'Lliliola eRu, Bald ul-2 1It, IA mw,lui�pa. 1{)1G) C+, vru).,;,6 r,� It, txna1W4 er.a�,mwn tvrroanur�t fan lwmor w. w�n'..in..+deasa...:ema :.a'.unaaani ECEIFN' 4ft JUL 2 6 2012 BY Ll ANY EARNiEs r MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST REARING TRUST ACCOUNT, AND: (chock only ONE bax) O ANY INTEREST EARNED TIILREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE, PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 18 HEREIN. (Bayer's Ti epayer Ideriifcatien Number is: ) ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER fN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. $ RA III) Proceeds of, new firm in themnounl of Dollars for n term of ,_ ycors, with on amortization period not to exceed _ years, at an interest rate not cxaed_ % per annnm will, mortgage loan discount points not to exceed of the loan amm rn, or such other terms as may be set forth on Exhihit B. Buyer shall pay all costs associated with any such loan. IFA (ind Dellveerv_af a oTomthiso pry; secured by a deed of sun, sold promissory note In U¢ amount of Dollars being payable over a tenor of,_ years, with an amortimlion Iwriod of,__ years, payable in nrombly inmelhnrnts mf principal, together with accrued interest on the outstanding principal balance at Iheraleof Percent( %)per annum in the .mount of$ _, with the twat principal payment bcgimdvg on the first day of Cie month next succeeding the date of Closing, or such other terns as may beset forth on Exhibit B. At any time. the promissorynote may be prepaid in whale or in part without penalty antl without further interest on the amounts prepaid from the date of sucb prepayment. MOTE: In the evert of Buyer's subsequent defau)t upon a precabsoty note and deed of trust given hereunder, ScHer'c remedies may be limited to foreclosure of (be Pnuperbl. If lire dead of trust given hereunder is subordinated to smilor Bnoncing, tire material terms of each frnaocing mint be set forth ao Erhlbtl D. If each stole, financing Is subsequently foreclosed, the Seller may have Do remedy to recover under the note.) MA (iv) Ae , nn Ith i of that unpaid obligation of Seller secured by a deed of room on the Property, such oblignton having on outstanding principal balaa a of $ and evidenced by a nets hearing inmrear at doe rare of percert ( u)pe imeem, and a meant payment mount of$ .The obligations of Buyer under this Agrecment are conditioned upon Buyer being able to assrre the existing loan described above. If such aseumpliou regni ca oho lender's approval, Ruyan earres to use in best ,tier to serene such approval and to advise Seller itareedialely upon receipt of the lender's decision. Approval mum be granted no or before . On or before this Jate, buyer has We right to terminate (his Agreement for failure to be able to assume the loan described above by delivering to Seller written antic of tennintitm by the above date, time being of the essence. If buyer deliver; such .mice, This Agreement .ball bo roll and void and Barred Marcy shall be re runded to Buyer. If Buyer fails to deliver such notice, Bun Buycr will be dceued to have waived de lean cuudidon. Unless provided otherwise in Section I hereof. Buyer shall pay all fees unit costs associated with any such assumption, including any assumption lea charged by the lender. At or before Clawing. Seller shall assign to Buyer all interest of Seller In any current reserves or escrows held by the herder, any pmp.:dy weragemem company and/or Seller, including huh not limited to any tenant improvement reserves, i f; r1� leasing commission reserves, security deposit, and operating or capital reserves for wNch Seller mull be cmthn,d said nmounto at Closing. I`LZ,ritic�> $� .b70—,D60c00 (v) CjHh, balance of Purchase Prim, of Closing in the amount of one INndcod Seventy Thousand Dollars, Page 2 of f, Buyer Initials Seger I.Rials Vt�� STANDARD FORhf 580-T ReMeod 112011 Q 72011 PwdaUeemnalpFrn1riity1sAcuX tao)n Ntafa Mils. Rw.d, fast,. hdiraian state axxr+ cmicar Fri (c) "flas'ng' shall mean the time and time of recording of the deed. Closing shall occur on or before or 30 tleva after the axpiration of the Examination Period (d) "Contret84joic!1meaus the data this Agmasmenl has been fully executed by both Boyer mid Mier. (a) "Ernm'natlan Period" shall mean the period beginning on tlw Contrast Date and extending through 77ME IS OF 771E ESSENCE AS TO (t) "Rral er(s)" shall mean: Jason BYda _ ("Listing Agency'), Seashore Realty Gropn ("Lisliog AgcnV'- License It ) Amiages: M Seller's Ageal; ❑ Dual Agem aril Enyi.urnpant. Unlimited Ct1E _ ("Selling Agency"), daramv Phillip. ("Selling Agent"- License 0 213712 ) Arcing as: ® Buyer's Agent; ® Seller's (Sub) Agent; ® Duel Ageut (g) "SaItcr!s,Nntke Addrras" shall bs as follows: except as same may be changed pursuant to Satin. 12. (h) "Ruvev'a NiA cs, Address" shall bens follows: too Ertecutiva Place, £avattoville NC 28305 except as same may be changed pursuant to Section 12. (i) If [his block Is marked, additions.) terms of this Agreement are set forth on 8xhibit 11 attached hereto and incorporated herein by reference, (Note: Under North Carob.. lase, real estate agent; arc uat permitted to draft coaditions or contingencies to this Agreement.) Section 2. Sale of Property Rod Payment of Purchase Price: Seller agrees to sell and Buyer agrees to bay the Property for the Purchase Rice. Snetnn 3. PraraUho of R.mutes and Payment of Coals: Seiler and Buyer since that all property taxes (on a calendar year basis), lenses, rents, mmtgage payments and utilities or any other nesemed liabilities as detailed on anached Pxbiblt It, if any, shall he pinmted as of the dnte of Closing, Seiler shall pay for prepua(ioo of. deed and all .dyer docmnents ueoessaty to perfann Seller's obligations under this Agreement, excise tux (revenue stamps), nay defamed or rollback taxes, and other conveyance lees or taxes required by lave and the fallowing: Page 3 of 8 Buyer initials Seller initials 'f1Q Prod WwlhsnFcmrxb,r topb. tetlla FRrw.n APo RGa, Frm,NlcM1genaaoaa ._rt ... STANDARD FOlih7 SBO.T Revised 1/2011 O 72011 FPI Buyer shall pay recording mats, costs of any this search, One insurance, survey, the cast of any inspections or investigations undertaken by Buyer under this Agreement and the following: Each party shall pay its own anurrey'a fees. Section 4. Deliveries: Sella agrees to use but efforts to ddivcr to Buyer as saes As reasonably possible after the Contract Dale copies of oil mfamarrio. relating to the Property in possession of or uvailnble to Seller, including but not limited to: tide insnmnce poems, surveys and coples of all precamly effective womanizer or services contearls mlaled Ire the Property. Seller molunizas (1) nay utW.ay Presently or previously representing Seller to release and disci©.a, any title insurance policy in such attorneys file to Buyer and hoth Boyers end Selleis ngenls and attorneys; and (2) rho Property's tide insurer or its agent in release and disclose all materials in the Property's till. insures's (or title inaurets ogaiva) file to Boydand both Buyer's and Seller's agents and abomey6. If Buyer does nor cmtsu.unatc the Closing for any reason other than Seller default. diem Buyer shell retunt to Seller all materials delivered by Seller to Buyer pursuant to this Station 4 (or Station 7, ifopplicnble), ifary, and shell, upon Seller's request. provide to Seller copies of(. bjc.t to the wvnersltip and copyright Interests of the prepurcr thereof) Any and all studies, report-,, Surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employ"& and agents, and shall deliver 10 Seller, upon the release of the Eumest Money, copies of All of the foregoing without any warranty or represcalmiau by Buyer as to the contents, names or Donishnes thereof. Section S. Evidence of Tlde: Seller Agrace to convey fee simple markoo ble and insurab)c title to the Properly bat, and clear of all Gass, encumbracee rend defeat; of tide other Iban: is) zanies ordinances afibc0ng the Property, (b) Leven (if aplifcabl.) and (e) .atlas ofmcord existing at the Contract Date that are not Objected to by Buyer prior to the end of the Bxamimafion Period ("Permincd Exceptions"); provided tam Seller shall be requircd to satisfy, at or prior In Closing, any encumbrances that may be safsficd by rho pdymeal or A fixed suns of money, such vs deeds of Dust, mortgages or statutory liens. Seller shall not enter into or record any asstmnmat that affects the Property (or any persoael properly listed on Exhibit A) after the Contract Date without the prior written consent ofBoycm which consent shall nor be unreasonably withheld, COndidoned or delayed, Section d. Conditions: This Agreement and the right. and nbligmio. of the ponies under this Agreement me hereby made exµmusly conditinned upon fulfillment (or waiver by Buyer, wholberexpi rit nr implied) of the fallowing arts ikons: (a) Nay I man, The Buyer must be able to obtain [lie Ivan, if any, referenced in Section 1(b)(ul. Buyer must be able to obtain A rum commitment for this loan on or before tw , effective through the date of Closing. Buyer agrees to use its but efforts to secure such commitment and to advise Seller immedintely upon receipt of lender§ decision. On or before, din above dale, Buyer has Ins right to terminate this Agreement for fah lam to obtain the loan refeeoced in Section I(b)(ii) by delivering to Seller written .0 ice of termination by the above date, dare being of the essence. If Buyer delivers such ounce, this Agreement shall be null and void end Eornest Money shall be refunded to Guyer. if Buyer foils to deliver such notice, than Buyer will be deemed to have waived the Iwa condition. Notwithstanding the foregoing, nfit, the above date, Seller may request I. writing front Buyer. copy of the contaminator tenet. If Buyer fail. to provide Seller a copy Of the can mitment letter within Eva (5) days of recdpl of Seller's request, then Sellermay terminate this Agreement by wducti notice to Buyer at any time thereafter, provided Seller has not than received a copy of the commitment ieuer; and Buyer shall receive a ream of Farness Money, (b) If Buyer is to Assume any Indebtedness in connection with payment of the Purchase Price, Bayer agrees to use its but efforts to qualify for the consumption. Should Buyer fail to qualify, Buyer shall notifi/ Seller in writing immediately upon lendOes dccisioo, whereupon this Agreement shall terminate, and BuyershAll mecive a taboo of Earned Moucy. (c) Title .Ezandaatimrt Alley tee Contract Date. Buyer obeli, at Buyer's expenxe, Coosa a title examination m be made of Ibe Pio,erly before the end of the ➢x nd..don Period. In the even that such fide exnmioudan shall straw that Selleis Into is not Its simple markamble and i... aside, subject only to PemtinW Exceptions, then Buyer shall promptly nosily Seller in writing of All such title defects and exceptions, or DO case later than the and of the Examination period, And Seller shall have thirty (30) days to cure said noticed defecu. If Seller dues not cute the defects orobjeclions within thirty (30) days of notice thereof. then Buyer may temvnabe this Agrcrmcnl and receive A room of Earnest Money (actwithsmnding that die Examination Period may have expud). If Buyer is In pu r.h.Go (isle insurmmc, the usscrWg eonpauy must be licensed to do Wastes in the slate in which the Properly is located Tito to the Property must he insurable at regular roles, suNcct only to standard exceptions and Permitted Exceptions. (d)$mn.uS agBB n. If (lie Property is not in substandnlly the same condition at Closing as of the date of the offer, vensmmhle were' and laarexceptd, then the Buyer may (i) tenninom this Agreement and receive a ream of the Eamesr Money or(u) proceed to Closing whereupon Buyer sit it be entitled to receive, in addition to the Property, any of the Sclicez insurance proceeds payable on account of rlm damage or destruction applicable to the Properly. Page 4 ofg A��I(/� Buyer Initials Seger Initials {JI? �y;(1„ STANDAAb FORM Sao, r Revised 112011 ® 7/2UI i P,adacaavfih Z1yvArxeysrpLC¶rx taata Faven Mlle Raad,Frs .IlWaan46m6 wwnmmnm„ FEI (a) Ia.9lcct1w15: Boyar, its .genus or Inpr zenta0ves, al Buyer's espeose and at reasonable times during ..out business hrun, shall have Ibe right I. emir opon the Prolxoy for the pugmse ofirrcpecting, exanfning,perfom+ing soil boning and o16<r testing, conducting dolbei crises, and surveying it,. Property, Ruycr shall conduct all such on -site inspacdoas, cxmninafu s. soil brniug and nther kstine limber cntjacs and surveying of the property in a good and works lkc mamter, shall repair say damage to the Property caused by Buyds euhy and ou-site inspections and shell conduul same in a manuer that does not unristua ly interfere with Seller's or any anal ua and enioymme of the Prnpedy. In that aspect; Buyer shall mats ecalemble uflloos to undenalro omalte mince ions outside ofthe hours mrr] tenant's husbress is opca t9 the public and sitall give prior notiue to any tcuanis of any entry onto any Censors portion of Nat Property for the purpose of conducting inspections. Upon Shcds request, Buyer shall prvide m Sadie, evidem:e of general liability iasurmca. Buyer dull also Lave a right to review and inspect a0 undmets or other agrameris affecting or related directly la the Pmpary and ¢hall bo anill.d to mvisw such books and records of Seller that relate directly to the opentfiou ad maintenance of the Polac ly, povided, however, tlwt Buyer ¢h¢II not discluse any information regarding this I!ropc iy (or any teuaut therein) unless required by law and We same shall he mgardod m confidential; to any person, except to its allomey¢, accountants, lenders and o(her professional advisors, In which ensc Buyer shall obtain their agreement to ne intain such codidanlialiry. Buyer assumes at mspunsibdity for dre act of itselt, its agents or mpmscula0va in exercising its rights under this Section 6(c) said agrees to inMsrmify u d hold Seller bemdoss Gam any damages r=uIliug thcrefrom.'fltia indenaaifivalfon obligation of Buyer shill cmvive the Closing or earlier tcnninalion of this Agreement. Buyer shill, at Buyer's expense, promptly ryau, any damage to the Property caused by Buyer's entry and ointiite inspegtioas..Except as provided in Section 6(c) obbva, Buyer shall ]love• from the Contract Data through 9eelia. 7. Leases (Check ore of the fotlmvidg, us aVpbrabad: ® If flus bus in eheakcd, Seller a0iramlvely repreaeals and waaauts that there are fat Leases (as hereinafter defined) .f ecl ng the Properly. ® If Ibis box is chcAcd, Seller dierloaa Ihnl 11. are oon ur more ]cases nffacting the I•rpeny (oral ar wriilen, matted or riot- "Unics") and Ilse tbllowult; prvisimr. are hereby rondo a part of IWa Aglecacnt. (n) All Leases shall be ilclow d on Erbibit D; (b) SdkraMil d;livar copies ofwly Lessen to lluyer paslmnl loSecdms4as ➢the Lass wuc liskd lbncin; (c) Srllor represents marl wDluriF Ibnt as of Ilw ConlmclDatc tbarm are no nmreal &ran](, (ur any existing sinwtiou eAuch, with the passage of time, or the giving ofnoticc, or both, or al the election ufcilher IandiaN or cannot could m oslinnc a default) eilhrr by S.Ilrr, as lacellan], or by any reliant nodal any Leas ("Lease Dcfoull°). In lire cv.ut them is any L. Default as of the Connact Data, .Selkm agi= to l:rovkk ➢uyvr with a dehdled do mlation of Ilac sittudou in accordance with Section A. Seller og,ca, no: Io cwnmit » Lcow Defndl as (.Wind ufier the Contrncl Dam, and agrees roller Io nntify Duycr irnmediarcly in Ile. mxot a L:asc DethuN nd:es in is ulainrW, nuacrtal or Ihreatancd Io be asserted by either Seller or a term wader the Lease. (d) fit cdduinn to the conditions Wovided in, Section 6 of dris Agrxmrnl, this Apceli and the rights meet obligniievs of li ...orbs. mulct This AEacnxnt an hocby merle eapre ly candiiioucd upon the assigmnwm of Seller': inielY..l in any l ,l a: to B4rym in funu and eoMeot aceeptable to Boyc((wilh leunut'.s xisihen canscnt not n.knmvlcd3eiuuu1, if oq!,rmd oWci the Lear,), o ul Seller apaeg to use its best efforts to effect such alignment. Any assigonleat requited under this Section 7 aWJ be required in la, delive,etl of or lefoc Cluing by Sdbv in nddilioi to Ihnse daGverica required under Seclimi I I of Ibis Agramriit. (c) resirr, agrees to deliver air ossip oneft ofany Lease ai uc bef ro Closing, with any ealuily flcpusiis bald by Sell. under our Leases In her vansferred or ¢redilcd to Buyuat or before Closing. S:lltr also agrsts to esecWc $lut ddivn' (ntol e:o.k d0igaully to obtain any Imam signatures noes -cry for suirre) airy esloplwl emlifeales mid nrbordirolou, naiAkkuheoco and atlnmmenl agasuoanra in such foie as Buyer ui y ns.n.1dy regnul. Section 8. Ruvironumn[vE: Seller rapwn "Ind And marmots Uml It ban ern ncfual kuowladl 6 of Iha pnsena or dill'ad, "isept as in acegrdancc with apphcable law, width. Ilia building, ar on [)to Pruli iity M'haxnrtlom or tox is wosto or noba4ances, which arc &Food ns Wwa dab lanIXs, rnaiGriuls, mud wastes, including, but not handled la, Clue. subvculla, materials and w:ulcr ILI.] in Ulu Uniicd Sales Dgnrtirvot of Tra!tpunatlon ➢aaavhes FAulnrink Table (49 CIPR Part 172.101) or by Iha Envirocnesdal Pmteeiitm Agency ere fi.onlons enbsiadev:q (40 CFR Ynr1 302 A) self nuuardnel is ills eL, in auuh auhrlaawa, ne lerials ned vasics, wideh oa or become regulatarl undo' ony apphcable local, slate or irderel laav, itcluding, whhmd limimlion, any iosucrinl, rends o: ad as ec which is (i) Irboicum, (ii) nsbaun, (hi) puiyohlorholrod biphel:yls, (id) dasilpual.o as n Hamoill Substance, pum-ani to Sr!limn ;I I of the ,� !,.go 5 of F.) liuyer' Inilials ;r..� Seller luillela sr , _ > iANDARI) rORM SUM' Revised 12611 07rzoH PI¢t4'ena ve"n NOi[,m°ibp'e�pLglk IL'O)UOLkEn Mat RrcU, F:esL AtklJxm 4ClLx)--"JaLn,Laiarla. fpf Clean Wamr Am of 1977 (33 U.S.C. 61321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 US.C. §U17), (v) defined as o haurWnus Waste pursuant to Section 1004 of the Reaurzce Cuasearvm{nm and Recovery Act of 1976 (42 U.S.C. 16903) or (vi) defined as a heardous substance pusuant to Section 101 of the Comprehensive Enviranne ell Respoosq Compewvtian and Liability Act or 1980 (42 U.S.C. §9601). Seller bus no actual knowledge army contamination of the Property, from race substances as may have hear disposed of or stored on neighboring IraGs. Section 9. Risk of LaJDamogr/Repoir: Until Closing, the risk of lass or damage re the Pmperry, except ns otherwise provided herein, shall be borne by Seller. Except as to maintit the Property in its same condition, Seller shall have no responsibility for The repair of the Property, wcluding any improvemens, unless Ole parties hereto agree in writing. Section 10. Earnest Money Disbursement• In the event that ntry of the conditions harem are not salisGd, or if the event ofa breach of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the evert this offer is acratned and Buyer breaches this Agreement, then the Eamest Money shall be forfeited, but such furniture shall not afcctany, other remedies availabie to Seller forsuch branch. NOTE: In the event ore dispute between Seller and Buyer over the return or loRcim e of Earnest Money bold in narrow by a licensed real clam broker, the broker is «quired by some law to retain said Earnest Money in its trust or escrow necouot until it has obtained a wriaen release from the parties consenting to its disposition or until diabursement is ordered by a court orcumpetent jurisdiction, or alternatively, the party holding the Eamest Money may deposit the disputed monies with the appropriate clerk of coat in accordance v:ith the provisions of N.C.O.S. §93A-12. Section H. Claolog: At a before Closing, Seller shall deliver to Buyer a genctal womanly deed unless oihcnvisc Specified ur Exhibit B and other documents crsloramily executed or delivered by a Seller in similar transactions, including without limitation, a bill of sale for my personally listed on Exhibit A. on owners affidavit, lien waiver forms and a oomforaign states uffrtlavit (puraunt to the Foreign Investment in Real Property Tax Act), and Buyer stroll pay to Seller the Purchase Price. At Closing, the Earnest Money stall be applied as pan ofthe Purchase Price. The Closing shall be conducted by Buyer's attorney orhandled in such other manner as the parties hptmlo may mutually ugree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein, The Purchase Price and other Ponds to he dishumed pursuant to this Agreement shall net be disbursed until Closing has taken place. Section 17, Notices: Unless otherwise providal herein, all notices slid ocher communications which ruay be or arc required to be given or made by any party to the other in r aturctioo herewith Shall he, in writing and shall be deemed In have been properly given and received on the date delivered in person of deposited in the United Shires mail, registered or certified, return receipt requested, to the addresses set out In Section 1(g) as to Seller and in Section I(h) us to Buyer, or st such other addresses as specified by wrium notice delivered in accordance herewith. Secllon 13, 11 Agreement: Tbio Agnuucnt certainties the sole and saline agrmmcal mnoug the pmties hereto and no modifical ion of this Agreement Shall be binding unless in writing and signed by all parties hsorea Section 14. Enforceability: I'his Agreement shall become a aonrrael when Signed by bull, Ruye, oral Seller and such signing is communicated to boll, parties; it being exyroRly agreed that the notice described in Section 12 is not required for efeeliva communication for the purposes of this Section 14. This Agreement shall be binding upon and ionic to the benefit oribe parties, dtoir heirs, succewms and assigns and (heir personal represeowrives. Sectioo I5. Adverse lnfto'no ton and Complirmre with Laws: (a) flelnr:Arourhttlgot. Seller [,as no acuul knowledge of (i) coudenualimas) affecting m' contemplated with respect to the Property; (ii) celiac, suits or proceedings pending a threatened against the Property; (iii) cannot. c mlemplrted in any applicable Issas, ordinances or restrictions affecting the Property; or (v) governmental special tioneasmcmts, either pending or canfint for sidewalk, paving, water, scions. or other improvements on of adjoining the Property, mid no pending or confirmed coins' association special assessments, except os follows (insert "None" or the idenlificolma of any mnllnm relating m (i) through (iv) above, if arty): Note: For puposc-. of dais Agreenreor, a "coNirmcd" special assessment is defined as an assessment that has been ippmved by a governmental agency or an outran- association for the propose(s) sated, whether at not it is fully payable or time of closing. A "pending" special assctsrnr:mt is defined as an assessment Oral is under fomal consideution by a governing body. Seller shall pay all ownersussociaim asne,-maac and all goveunenh,l assessments confirmed as of die date of Closing, if nny, anti Buyat'slsall lake liar, subjeel to all pending Assessments disclosed by Seller basin, Vary. Seller u:presenls(lint the ragulai owners'essociatioaducs, irony, mcS per Page of8'�`', Ruycrhiiiiuisi \M1IIM1_ Seller Initials P? STANDARD FORM 580-T Rcvucd 112011 C 712611 Finacca.vAhaP`s1rnnbr=Iple9h 1eo)o PlFeao Asb Pcea. rn.:er,raeWna"•IeoaG , FFl (b)rmmpttsnce• To Settees actual knowledge, (i) Seller has complied with all Applicable laws, ordinances, regulolions, statutes, tries and restrictions pertaining to or affecting the Pmperty; (ii) performance ofihc Agreement will not result in the breach of, constitute Any default undo, or result in the imposition of any lien or encumbrarrce open the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and lid) there are no legal actions, suits oroi her legal at- administrative Proceedings pending or thratened against the Property, and Seller is not uwam of ony facts which might result I. any ouch action, suitor other proceeding. Seaton Ib. Survival of Represeutadons urd warranties: All rcpmsa imlions, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery oft" dead. Seiler shall, at or within six (6) montha after the Closing, and without further consideration, Climate, Acknowledge and deliver to Buyer such olbcr documents and imornmcnis. end take such other action as Buyer may reasonably request or as may be necessary to more effectively Iranefer to Buyer tha Prupcdy described herein in accordmce with this Agreement. Secdou 17. Applicable Law: This Alpeemenl shall be conshoad underihe laws of the stele hi which Ore Property is located. This form has only her. approved fur use in Nodh Catalina, Scedon 18. Assignment This Agreement Is freely assignable unless nmenviso expressly provided on Exhibit B. 9uaioa 19. 'Iba-Iyeferred ExcWmw: In the wool Buyer or Seller desires to After[ n lAxAcfiarral exchooge in smos" lion with the conveyance of the Property, Buyer and Seller agree to ecopemte in effecting such exchange; provided, however, that the exchanging party shut[ be mspa.sible for all Additional costa associated with such exchange., and provided further, that a una-exchanging party shall [mt aarume any Additional liability with rrspcci to such lax-deferM exchange. Seller and Buyer shall execute such additional doovnt<nrs, At no cost m the nonexcbvngmg pmty, as eball be rcquircd to give e(fed to this provision. Section 20. Memorandum or Contract; Upon request by either party, the parties hereto shall execute a memorandum ofmntmci in recordable, farm setting forth such provisions hereof (other than the Purchase Prise and other sums due) as either party may wish to incorporate. Stich memoaadum of enntraot Shall rental. a statement that it automatically Iemsmale, and the Property Is released from any effect thereby as ofa specific date to be stated in the memorandum (which specific dale shall be no later than the date of'Cloca g). 'Ihe cost of recording each memorandum of contract shall be borne by the party requesting execution of same, Section 21, Authority: Each signatory to Ihio Agreement rMesc.is mod warrants that he or she bs full authority to sign this Agreement and such imminumas as may be necessary to effecmalc any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his ar her signature binds such party. Secllan 22. Brokers: Except as expressly provided heram, Buyer and Seller agree to indeneify, And held each other harmless from nay and all claims of brokers, comialtamu or real esum. agents by, through or under the indemnifying pary for fees or a.mmissione arising out of the sale of the PI clearly, to Buyer. Buyer and Seller represent and won Lot la each other that: (i) except as to the Brokers designated under Section 1(0 of this Agtecment they have not employed nor engaged any brokers, consultants or real estate agents to he i... lied in Ibis tansaction and (ii) dial the utmpeesalion of the Brokers is eslablikhul by aad shall be governed by sepurnm agrcommtS entered into as Amongst the Broken, the Bayer. arNor the Seller. E1178ISYNTHETiC STUCCO: If the ndjaual box is checked, Seller discloses that the Prolwrty he. been rlAd previously (either I. whole or in part) wide on "axtad.r insubtiag and finishing system" commonly known as "SIPS" or %ymhciic sioecn". Sella makes no representations or warranties tngami.g Rush system and Buyer is advised to make its man indeformit r dcic[m nations with respect to corrdib oas related to or occasioned by the existence of such mWucials at the Protwny. THE NORTH CAROLINA ASSOCIATION OF REALTOR46, INIC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS pORM IN .ANY SPECIFIC I RANSACMUN. IF YOU DO NOT' UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN 1T. Page 7 of g Buyer Initials Shccr Ini[inls _O[? _ STANDARD M- RM 590-17 Revised 1I2011 0712011 fM1mereevaunnmm/.J nsvlpteyG Mora Mueao Mru Rued, rr¢e,,R+lrny:,n<aols 1141'ptcja.uoar Mi BUYER: lndlvidual Dale: ?-;;6 Law: Auioe<s Ratify RGS Natthawu Btonettion L'LC (Nn m fEuti ) SELLER: Individual Dote: pp Date: Business Entity (Name o(Entity) By: Nome; Tillc Dale: � -fit..— / L- Date: The vudervfyned herehy acknuwledyes receipt of the Ramcst Moucy set f accordance with the terns hcrear. herein and agrees io hold said Garues! Money In L'nviromannta U limited CAL Txust Account (Name of Pimo) ],.Be E or a STANDARD FORM 580.1' Revised 112UII aaawsavno nofmcn i. temor�wa�e¢. n�.,e. row (77)2m/ M rw.un ,t.4F:pan aeQ:n n�.�G ducm F1'I EXHIBIT B 1. The closing of the sale of the Property is conditioned on a simultaneous closing of Parcel Number 76SA-16 located on NC Highway 210, Snear Ferry, NC 26460 owned by Thomas Miller. Buyer R E S Matthews Properties, LLC Title: Seller Danny Padgett GlendaPadgett JUL BY., All it U) A 1; t nJ,;h';, i, w II I, I i''7 buy and :I ddl:slulo ;I I J:Ir I jr, I I I, Ill: to III ln I"), It N, a I I, ';[,Ilc of I... w.1i'm Told film o; (;Iltky) 611.1 On-livi'llud", "Hil Illf IwIm.11) I I I;% )H:,Il HIT!\ 111 )1 111; 1 AINIO iVIIIH :1 AM: Yd", Ii fili.: 1-l' -II. I k.,;. "::Ioln :J,-.H e; ,,I oll, F.::'.::III-,; nud I ... .... it I s .:i II) I 1... hil i , r ul;L;J., I.: id, ull iwdbiilw�; 1w; iwlp'01� 11"O'll dr.,l rrnl nod ;!It ild r ... md :,It I ... ... twl ,III., UL, 'MPI. Inl II' !:000 Or -A Sc iP ?,3uy94)l I.'' of "'Itl;lf I Ill ll", OIAI,il: 'idk wil il. w, ... .... ivi r. 51 17��rl I fl.:,. ; id ® ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) ® ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number is: ) ® ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. NA (it) Proceeds of a new loan in the amount of Dollars for a term of years, with an amortization period not to exceed years, at an interest rate not to exceed % per atmum with mortgage loan discount points not to exceed % of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall pay all costs associated with any such loan. $ NA (iii) Deli_ vervsl a promissory-foofe secured by a deed of trust, said promissory note in the amount of Dollars being payable over a term of years, with an amortization period of years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of percent ( %) per annum in the amount of $ , with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other temps as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) $ NA (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligation having all outstanding principal balance of $ and evidenced by a note bearing interest at the rate of percent ( .._...._ %) per rmi ti -1. n!d a curfoln haymcin rnounl Of"S .,._-...... ,. .. The obligations -' tyer nl n� :.his r`:s anent are iuiLti- n'N1 upost 'Sayer being o.ble to assume the c11511inn loan described above. if such assumption requires the Iell del''R app,cval, Gtryei zm•ees to use its best efforis to Secure such approval and to advise Seller immediately upon reeeint of the lender's decision. Annrovul nmst be granled nil or befon: ___...._. ......_._.. .._.-_._. . On mbefore This tlutc, 13111yc1 has the r;ghi- to temninatc this Agnecinent for failure to be ably to assume the loon described above by delivering to Sellei wditcu notice of lennivalion by tho nbovc date, lanai bnrng of the essence. if Buyer delivers sack notice, tlus Agimmcnt shall be null :md void and Enniest Ih4mtey shall be iefiwded to i�uyer. if Buyer fails In deliver such notice, then Buyer will be deemed to hava waived the loan eondiriom Unless piovidod otherwise in Section 3 hereof, Buyer shall pay till fees and costs nssocinicd with anv such assumption, including any assanlplion fee chnrged by the lender. I: t or befom Closing, Seller silall assign to Buyer all interesi of Seller in ally current reserves m escrows bold by the lender, any property tnanagrn font company nudloi Seller, including billnot limited lu any tenant hiprovenlenl reserves, leasing culnIInSSIOn raserves, sccurily deposits and opetmling m cnpilnl reserves for which S llcr shall be credited said amounts at Closing. et1 t)tlll , og (t) "_..,Jt, b =epee of pin rtt<lse "I ;rq, at Closing in the tantomn of One il;w t _ t3uyct S'eller hull �_ ... �.. I'atlucodulth zlplampbyZIULo9u ta070 Kneen idile Reid, FrmI'I•.IdO:'.n 1F0�G 8. "�i�tiul�K,nffiL It I t N,rm, 'no (c) Mosiag_ shall mean the date and time of recording of the deed. Closing shall occur on ur before or 30 days after thr-. expiration of the Nxamirration Period -- (d)_'{".nlltYttCt_Rfl[A" means the date this Agreement has been fully executed by both Buyer and Seller. (C) °6'x;uninatiml Jam' 1'L2tL" shall mean the period beginning on the Contract Date and extending through 90 days TIME IS Or THE ESSENCE It TO THE EXAMINATION PERIOD. (0 "BroketjX shall mean: _ Realty World ("Listing Agent" Acting as: 0 Seller's Agent; I:b Dual Agent and Jeramv Ph.i.11inri_._. ("Selling Agency"), Agent License tt 21.3.11.2 ) fj Dual Agent Acting as: Q Buyer's Agent; ram] Seller's (Sub) Agent; (g)_'Ssllar's Nntice Adth_o55'_ shall be as follows: except as same may be changed pursuant to Section 12. (it) °B,uXeL;5.7Yn1iCS.tlddLesfi_' shall be as follows: 609_Executive_P1ace L etteyillg_NC 2({305_._._,._•_,,, except as same may be changed pursuant to Scelion 12. ("Listing Agency"), License It am /,L,�_,_.• ) 0) If this block is uuo ked, additional tenns of this Agreement ate set fodh on Exhibit U attached hereto and incorporated herein by reference. (Note: Chlder North Carolina late, teal estate agents are not permitted to draft conditions at, conti a gender to this Agre.entem.) Sectiml 2. Sale of Property a ml Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property I'or the Purchase Price. Sectiun 3. Prot'ation of Expenses and Payment of Costs: SCIIet and Buyer agree that all property taxes (on a calendar !rear basis), lasses, reels, modgagc payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prolabcd as of the date of Closing. Seller shall pay far preparntion of a deed and all other documents neccssmy to perform Seller's obligations under this Agreement, excise tax (revenue stamps), tiny deforre.d or rollback taxes, and other conveyance fees or uses reglwed by law, and the following: p IT' 01 S Buyer LtilialsRI _................... Seller 111da1s ._. PniduwdvrlhzipFWnlZbyzlpLoglt 1a070Fltteen Idlla Road, Fr,,Ger, Mlchlgsa,18016 nw,;tipl.ngle.aom STANDARD FORM'iIIU- itevised t/2011 U W.Ull I Miller'I'raei Buyer shall pay ieeor&g costs, costs of any title search, rifle iusurauce, survey, the cost of any inspections or investigations undertaken by Buyer under Ili is Agreement and the following: Each patty shall pay its own attorney's fees unction 4. Deliveries: Setter agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies, surveys and copies of all presently er1'ective walmillies or service contracts related to (lie Properly. Seller atllhoh'12CS (1) any attorney presently or previously representing Sellcr to release and disclose any title insurance policy in such attorneys file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release anti disclose all materials in tine Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Sellers agents and attorneys. If Buyer floes not consununate the Closing for any reason other than Seller default, their Buyer shall return to Seller all materials delivered by Seller to Bayer pursuant to this Section 4 (or Section 7, it'applicable), if any, and shall, upon Sellci's request, provide to Seller copies of (subject to the ownership and copyrighr iutel'csts of the prepal'elthereof) lily and all studies, reports, surveys and other infonuoliou relating directly to the Property picpnred by of at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earned Money, copies of all of the foregoing withuut any warranty Dr representation by Buyer as to the contents, accurlcy a' cocrectness thereof. Section 5. Evidence of Title: Seller agrees to convoy fee simple marketable and insurable title to the Property lice and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Properly, (b) Lcases (if applicable) and (c) matters o1'recuid exisdug at the Contract Dine that are not objected to by Buyer prior to the cud of the Examination Period ("Permitted Exceptions"); provided that Seller shalt be required to satisfy, at ur prior (o Closing, any encumbrances than may be salistied by the payment of a fixed sum of money, such its deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any insliument that affects the Property (or ally personal property lisicd on Exhibit A) after the Cona-acl Dale without the prior written consent of Buyer, which consent shall not he hmreasouably withheld, conditioned or delayed. Section 0. Conditions: This Agreement and the rights and obligations of the parties tinder this Agicoinem Ore hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following condilions; (a) New I.4am The Buyer imisl be able to obtain the loan, if any, referenced in Section I (b)(ii). Buyer must be able to obtain it tinu conuniancnt for Ibis luau on or beforeNA _ .,— , cffcctivc through the date of Closing.. Buyer agrees to use ils best efi'oris to Secure such cumtnihneat aml to advise Scller immediately upon receipt of leader's decision. On or before the above date, Buyer has the right to terminate this Agreement for failure to obl'ain the load referenced in Section I(b,)(ii) by delivering to Seller eviiren notice of tenninaiioo by the above date, dwe Lelrrg of rile essence. If Buyer defivers such notice, this Agreement shall be mill and void and Eames( Money shall be refunded to Buyer. If Buyer tails to deliver such notice, then Buyer will be deemed to have waived the loan condition. Notwithstanding the roregoing, after the ahovc (late, Sellcr clay rcqucst in ceding from Buyer it copy of the commitment letter. if Buyer fads to provide Seller a copy of the conmliwtent letter within five (5) days of receipt a Seller's request, then Seller may lerminnte this Agreement by written notice to Buyer at any time IhereaBer, provided Seller bus not hru received a copy of the commilmenl letter, and Buyer shall receive it return of Lamest Money. @)Qttaliflf.;lti4R_Y4lainunstug.'. If Buyer is to assume any indebtedness ill connection wish paynicto of the Piechasu Price, Buyer agiccs to use its best efforts to qualify for the assumption. Should Buyer fail fo qualify, Buyer shall votify Seller in w iliug immediatcly upon lenders decision, whereupon (his Agroement shalt terminate., ;slid Buyer shall receive a return of Eanhcst Money. (c) :afimt: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be shade of (hc PioperTy before the end of the Fxaminnlion Pei od. In the event that .such title examination shall show That Seller's title is not tee simple: marketable and insurable, subject oily to Permitted Exceptions, That Buyer shall promptly, nolify Scher in writing of all such lithe defects and exceptions, in no case later than the end of the Ex rrinution Period, and Seller shall have thirty (30) days to cute slid uoliced defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer ma-v lenuillwc this Agiceureul and receive a return of Enmesh Money (nohvithstanding that the Examination Period miry have expired). If Buyer is to purchase I it le,i nsurance, the insuring company must be license([ to do business in the state in which the Property is located. Title Io rho Proprry must be insurable tit regular rates, subject only to standard exceptions and Pcnmillcd Exceptions. (d) S1ww:—C--Qtt W nn; If the Properly is not in substnulially the sane condition at Closing as of the ditto of the offer, tuasouable wear and tear excepted, then the Btryer may (i) clolina(e Illis Agreemenl and rcucivc it return of the Earnest Money of (n) procccd to Closing wiherec,lon Buyer shall be culitled (o icccivr, iu addition to Poe Noporhy, any of the t;ellol"s insurance proceeds payable on necount or die (],image of tlestnclioa applicable to the Property. Sewer Initials i'.IS °ether btitiitls .. _ i ._ . STANDARD Co RM 580-T -:_-_ % ... ..c—iscei WOil C/ 71.?(tt: Pfodorod Wilb Z1gF9JMVDby zlpLnylM 18070 fifteen Milo Road, From, Idic1VpnG8026 YDVYG3LnJ q<1'L','S0ID kiilt i ire,' (c) lnspstQrtttt;. Buyer, its agents or representatives, at Buyer's expense and at rarsonable times during normal business horns, shall have the right to enter upon the Properly for the purpose of inspecting, examining, perfomling soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on -site inspections, examinations, soil boring and other testing, limber cruises and surveying of the Property in a good and wor1cnnulike manner, shall repair any damage to the Property caused by Buyer's entry and on -site inspections and shall conduct sume in a manner that does not unreasonably interfere with Seller's or any lcuanl :s use and enjoyment of the Properly. In that respect, Buyer shall make reasonable efforts to undertake un-site inspections outside of the how's any tenant's business is open to the public and shall give prior notice to any tenants of any entry onto any tchaurs portion of the Property for the propose of conducting inspections. Upon Seller's request, Boyar shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all connocts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded ns confidential, to any person, except to its altomeys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Section file) and agrees to irdenmify and hold Seller harmless frorn any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused by Buyer's entry and on -silt inspections. Except as provided in Section 6(c) above, Buyer shall have front the Contract Date through the end of the Examination Period w poi'unn the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE TITS PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OR THE EXAMINATION PERIOD, THEN THIS AVU7,EMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEy� ,y` 5� 3�00 U Section 7. Leases (Check one of the following, is applicable): -J k�,,,)' if this box is checked, Seller affirmatively represents and warourts that there are no Lenses (as hereionftrr deG❑rd) affecting the property. Ij If this box is checked, Seller discloses iha( there are one or more leases'(totting the Property (oral or writorl, recorded or no(- "Lenses") and the following provisions are hereby made a part of this Agreement. (a) All Leases shall be itemized on fsxhfbit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section it as if the Leases were listed therein; (c) Seller represents fund warrants that as of the Conunct Date Ihrre are no current defoults (or illy existing situaliml which, with the passage of time, or the giving of notice, or both, or at the election of either huldlord or tenant could constitute a de@ndl) cilhcr by Seller, its landlord, a by any lenarl under any Lease ("Lease Dcfndt"). In the ever)( there is any Lease Defnul( as of the Contract Dale. Sullen agrees to provide Buyer with a detailed description of the sinmtion fit accordance with Section 4. Scller alnees not to connna a Lease Default as Landlord after the Contract Date, ;and agrees fiu1her to nolify Buyer innanediately it) the event a ).ease Dafouh arises or is claimed, asserted or'thienteued to be asserted by either Seller or a tenant under the Least, (d) In addition to the conditions provided in Section 6 of this Agrecmcnl, This Agreement and the rights and oblivalionr of due pairs under this Agreement are hereby made expressly conditioned upon the assit?rmical of Sc)let's inleresl in any Lease to Buyer ill form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lcase), and Seller ;agrees to use its best efforts to effect such assignment. Ally assignmeni requied under this Section 7 shall be required to be delivered at or before Closing by Seller in addition to those deliveries equired under Section I I of this Agreement. (b) Seller agices to deliver nil assignment of oily Lease at or before Closing, with any secm ily depor:ils held by Salle: under ally Leases to be transferred or credited to Buyer at or before Closing. Seller olso agrees to execute Mid ddiWl (Rod work ctipr..ut1y to obtain any Cousin signatures nuaasary for same) any estoppel certificates and subordination, noridisturborce gild attainment agreements in such bunt its Buver may reasunably request. Secfeu❑'I, Coviromnental: Sella represents and wonmrts that it has no acnral knowledge of lie presence or disposal, except ac in accordance with applicable law, within tile, buildings or un the Property of hazardous a toxic waste or substances, which are defined a:; 111nSC substances, matetials, and wastes, including, but not linnitM to, those substances, m;deri:ds rind wastes listed in the Uniled Suacs Department of Transportation Hazardous Malerials ]'able ('19 CPR Pall t72.101) or by the L"•rvironmcutul Prolection Agency as lmzaidou:: substances (40 CMZ Part 902.4) and arnendmems thereto, or such substoutcs, materials and wnsles, which arc or become rep[dMe.d unties any applicable local, stilt or federal Inv, including, without limitation, any inaterial, waste or subsi llue )vbich is (i) pcnolennn, (it) nsbestns, (iii) polychloriniacd biphenyls, (iv) designated as ii Hazardmts Substance pursuant to Ser,tion all of the .f ..fa'p.5of8 BuyaLtilials�f;�){��.,._. __.,..._.._. Seller C"' hlitia!'s _ 'I'AP!DA110F0R.N451)0-T ".�i%�.� Iin•;isgd 1lLOf 1 � T,I I ProducaJ with zlpfmf0 oby zipLoat< 70070Filleun htlln Road, Rm as, IWkhlaan Sao2a pIDnazlnlnnixrnm Ivlillerlsr Trnd Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined its it hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored oil neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, Ice risk of loss of damage to the Property, except as otherwise provided herein, shall be bane by Seller. Except is m maintaining the Properly ill its same condition, Seller shall have no tespotsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section III. Earnest Money Disbursement: III the event that any of the conditions hereto are not satisfied, or in the event of a breach of this Agreement by Seller, then the Earnest Money shall be retutned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. hp the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be forfeited, but such fafei(me shall not affect any other remedies available to Sellcr for such breach, NOTE: In the event of a dispute bclwecn Seller and Buyeover the return or fori'eiture of Earnest Money held in escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from the parties emnseming to its disposition or until disbursement is ordered by a court of competent jurisdiction, or altouafively, the party holding the L aruest Money may deposit the disputed monies with the appropriate clerk of eclat in accordance with the provisions of N.C,C.S. §93A-12. Section 11. Clusing: At m before Closing, Seller shall deliver to Buyer a general aamanty deed unless otherwise specified on I?xluiir B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale I'm r any personalty listed on Exhibit A, all owner's affidavit, lien waiver forms and a non -foreign status affidavit (pursuant to the Foreign fnvesinient in Real Piope)ry Tax Act), and Buyer shall pay to Seller the Pumhase, Price. Ai Clusing, Ihu Earnest Money shall be applied as pa'l of the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled iu such other ton finer as Elio parties [icicle may nputually agree in writing. Possession shall be delivered at Closing, "')less otherwise agreed herein. The Purchase Price and mhos funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has talcen Platt. Section 17.. Notices: Unless otherwise provided herein, all notices and alter communications which may be or are required to be given ur made by any party to the other in connection hinewith shall be in writing and shall be dconed to have beet properly given mui received on the date delivered in person of deposited in the United States nail, registered or certified, return receipt requested, to the addresses set out in Section f (g) as to Sellcr and in Section I(h) as to Buyer, or at such other nddresses as specified by )written notice dclivered in accordance herewith. Section 13. Entire Agreement This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be bindhrg unless in writing and signed by all parties hereto. Section id. Enforceability: This Agreement shall become a contract when signori by built Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required loot c.ffcclivc communication for (lie purposes of this Section 14. This Agreement shall he binding upon and inure to the henetit of the patties, Iheir heirs, successors and assigns and their personal repiesenlnfives. Seetiom 15. Adverse Information and Compliance with Laws: (a),SiI -R!mlyl�edgg;. Seller has no actual knowledge of (i) cundenmaion(s) affecting or contemplated with respect to the Properly, (ii) actions, suit.^, or proceedings pending m thrermened against the Property; (iii) changes contemplated in any, Ipplicithle. laws, urdiunuccs or restrictions affecting the Properly; or (iv) governmental special assessments, cilher pending or conformed, fe sidewalk, paving, water, sewer, or other improvements on or adjoining the Propety, and no pending of confu'nted owners' association special assessments, except as follows (hisert "None" or the identification EI matters refilling to (i) through (iv) above, irony): Nuie: For purposes of this Agieennew, a 'confirmed" sproial assessment is defined as an nssessmcnt that has been approved by it f6rpverdnentol agency or an owners' association fm' the purposo(s) sta cd, whether or not it is fully pmyabic it time of closing. A "pending" special assessment is defined as an asscssmcnt that is ❑ndin formal consideration by a governing body. Seller shall pay ,It owners' ussoriatinn nssessnnents and all governmental assessmeus con(nned as ElCthe [late of Closing, if any, and 1I shall take title subject lu till pending assessments disclosed by Sellcr herein, ifauy. Seller represents that the regula owners' association dues, if any, are k per (; Pa ,e.lrot8 hoyet turirals�%`LS)11 Sr.lictllil'itils Produced viab xlpnumrq by zipLoaln 18070 Flaeun Mile flood, rinser, r hWilan ,00?t rn'eS>ini owly,cut 1. i•�PtDr1 i't] t O1:�t1 !iSO/r r::eviseJ 1/20I; ,,l !10.. rumor li;, i (b)Smfflanew To Sellers actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and I'us(tic tions pSit ainhng to or affecting the Property; (ii) performance ofthe Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party of by which Seller or the Properly is bound; and (iii) there are no legal actions, suits or other legal or adntinis(rative proceedings pending or threatened against (he Property, and Seller is not aware of any facts which might result in nay such action, suit m" other proceeding. Section 16. Survival of Representations and Warranties: All I epresental ions, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without fintller consideration, execute, acknowledge and deliver to Buyer such other documents and insh annulus, and take such other action as Buyer may reasonably request or as limy be necessary to rant e effectively transfer to Buyer the Property, described herein in uucurdance with (his Agicentenl. .Section 17. Applicable haw: This Agreement shall be construed under [lie laws of the state in which the Property is located. This form has may been approved for use in Nor ih Carolina, Section 19. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit ❑. Section I). Tax -Deferred Exchange: 11) the event Buyer or Seller desires to effect a lax-delerrcd exchn])gc in connection with the conveyance of the Property, Buyer and Seller agree la cooperate in eMetiug such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect 10 such tax-defen'cd exchange. Seller and Buyer shall execute such additional documents, at no cost n1 the non -exchanging party, as strait be required to give effect to this provision. Section M Menno'anduan or Contract: Upon request by either patty, the parties he'oto shall execute a nnemorandunl of counsel in recordable form selling foul, such provisions hereof (other than the Purchase Price and other sums clue) its either party may \visit to incorporate. Such nlructimodum of contract shall contain a statement that it autonlalically terminates Ind the Property is released front airy ol'fcct thereby as of a specific date to be stated in the memorandum (which specific date shall he no Intel than the dale of Closing), Thu cost of recording such memorandum of contract shall be bonne by (he party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represcnis and willimus that he or she has full niuhoity to sign this Agreement and such iuslnnncnts ns Lorry be necessary to effectuate any transaction contemplated by this Ag_reernem on behalf of the party for whom lice[ she signs and ilist his or het signature binds such purl. 5ectio, 22, Brokei-r: Except its expressly provided herein, Buyer and Seller agn"ee to indemnify and hot([ coch otherharmless norm any and all claims of brokers, consultants or real cstme agents by, (Iuough Or under the iudemnifi,ing party for fees or conunismun,s arising out of the sale of the Properly to Buyer. Buyer and Seller represent and wsiranl to each odlm that; (i) except as to the Brokers designated render Section Ito of this Agreement, they have not employed nor engaged any brokers, consultants or roil eglale ag<'.n IS to he involved in this ransaction and (ii) that the compensation of file Brokers is established by and shall fim governed by separate agioemcnis enteral into as amongst the Brokers, the Buyer nod/cite Seller. ID EI S/SYNTITE'1'IC STUCCO: 1 f the adjacent box is checked, Seller discloses that (tic Property has been clad previously (either in whole or in part) with an "exterior insulating slid ftnisliing system" commonly known as "L-IFS" m- "synthetic stucco". Seller' mantes ao ropresenfntions 01' v7arrnntics recording such system and Buyer is advised to ])lake its own iodepcndent dr(enninntion,c with respect to conditions related to or occasioned by the existence of such materials ar the Property. THE NORTH CAROLTNA ASSOCIATION OF REALTORW), FNC. AND THE NOR71-1 CAROLINA BAR ASSOCIAT[OlN MAKI NO REPRESE1d9'ATION AS TO THE LEGAL VALIDITY OR ADEQUACY OP ANY RROVISION OF THIS 17011M IN ANY SPUCIPIGTRANSACTION, IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT I'P.OVIDR POI: Y0011 LEGAL. NEEDS, YOU SiIOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN Buyer Iuitin Ise, Scllcn'tmhi�is '��✓) . Pmducod writ zlIT0110U by Zle-09tl 18070 Filtcan Mile Road, Fraser. Mica79an 40023 tom'Lzinl aiibuU m STAiFFiA11D POMM 5902i Revised 1/2011 (D 7/201 1 Miller Traci BUYER: Ltdrvldunl .. Vie. _ j _�-J�•.,.>(,� F:-<.../ �._�.__.__ Dale: _----}—s--t -j --`--- Date: 1311siness Entity t26u N.w l:l;l>•cews I.'LopE L].tiJ <._. LTC; _ (Namc a Entity) Fly; Nan Jule: y'` __w �i. °"_`.___'.`°.:.<)_.__..—_. Date,: ':Z. f, -0 SELLER: Gldivulaal . � C Dale:___— Date: L'usiness Entity (Name of Enlily) Dy. Title: Date: The umiersigned hereby aclatowledges receipt of the Earnest Money set fol tit herciu and agrees to hold said Earnest Money iu eemvtauce with (lie. terms hereof. .. ,.._..._..._--,...___,..EUCRL Trust Accomit _...,.�..__.._.,_ (Name of Finn) Da lc'. Av: Page orb P¢wuced with ilpFonnE) by [IpLo0lx 1BO70 FIIIeen tdile Rood, rinser, tellchloan A00?S '. L irj DOi=nw 'IAVIIARt7PORNI520 P (D WMI i i Mill, Tram �.:: � r .<,s„� � s �� �'� r �. is I. i�� � ��,.� -., � .,-.. 'lli:•f.' � Z ��. i 7� s •t-� �� r � }f n�i,ll �. .'.I:i`.ilr h��. .. ,.�O.�IiT �... ,' � 3 ..� i J�iii.yi, �°rr.Ru ?x i' '' � � 1 .7 EXHIBIT B 1. The closing of the sale of the Property is conditioned on a simultaneous closing of Parcel Number 049764 located at 2 Village Drive, Sneads Ferry, NC owned by Danny & Glenda Padgett. [toyer R & S Matthews Properties, I.LC Title:°i`X---- �� `�,'fhomas P/lill�� rj THOMAS & HUTTON TO: Christine Nelson NCDENR - Division of Water 127 Cardinal Drive Extension Wilmington, NC 28405 We are sending you ® attached ❑ under separate cover LETTER OF TRANSMITTAL Date: 7/25/12 Job No.: 23988.303 Re: Taco Bell Sne ds Ferry, NC Additional Info Hand delivery the following items. Copies Date Description 2 REVISED Paving, Grading & Drainage Plan 1 Stormwater & REVISED Erosion Control Design Considerations including REVISED Project Narrative 1 Copy of Sales Contract for Padgett 1 Copy of Sales Contract for Miller These are transmitted as checked below: ® For Approval ❑ Approved as Submitted ® Resubmit Copies for Approval ® For Your Use ❑ Approved as Noted ❑ Submit Copies for Distribution ❑ As Requested ❑ Returned for Corrections ❑ Return Corrected Prints Remarks Please find the attached revisions and additional information. Copy to Signed Skzwa-w W"e4'b-e ® 1350 Farrow Parkway/P.O. Box 8000/Myrtle Beach, SC 29578-8000/Telephone (843) 839-3545/Fax (843) 839-3565 Z:\23988\23988.0000\Documents\Applications\DENR Stormwater\NC DEN R-Nelson-T-Taco Bell Sneeds Ferry Additional Info.doc (Page 1 of- 2) IBM11111110111111 Doc I0: 00a0179a0W2 lyyp•: CRP R•cordad: o7/2a/2012 et Oa:ra:5a Ph Fu AM: $402.00 P•R• t of 2 Rev* nu•_Tax:_937a.00 'n"" county NC R•baec• L. PoJlard R.Q. of Dud• This. deed. presented -to ax 38.19-4.09_4.11 The U—I— —T�[i ce � Date_ , Delinquent taxes, if any, to 6e paid by the closing attorney to the Onslow County Tax Collector upon disbursement of closing proceeds. The hereinafter described property does xx does not include the primary residence of Grantor. NORTH CAROLINA GENERAL WARRANTY DEED instrument prepared by: Gaylor Edwards & Vatcher, P.A,Licensed North Carolina Attorneys Brief description for index: portion Lot 2, Coastal Village, Sec. L Map Book 27, Page 5 THIS DEED made this �5 day of July, 2012 by and between: GRANTOR GRANTEE: ry DANNYMARCO PADGETT and wife, —R-& S'MATFHEWS PROPERTIES, LLC, GLENDA M. PADGETT a North Carolina limited liability company Sneads Ferry, NC 28460 ' Fayetteville, NC 28305 —The designation Grantor and -Grantee as used -herein shall include said -parties, -their heirs -successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, -has aml by these presents does grant, bargain, sell, and convey unto -the Grantee, m fee sirnple, all-that/those certain tract(s),"IotCj or"paicel(s) ofland,, situated in Stump Sound Township, Onslow, County, North Carolina and more particularly described as follows: BEING all of Lot 2 as shown on a plat entitled, "COASTAL VILLAGE, SECTION I-, dated 11-13-87, ° prepared byMark-Padgett -Surveying. and-recorded-in-Map-Book-27-Page 5, in the Office oftheRegister of —Deeds of Onslow County, North Carolina, LESS AND-EXCEPTthafpbttion ofthe above described -Lot 2 conveyed to Elizabeth A. Gilligan by deed recorded in Book 2357, Page 825, Ortslow County Registry. —SUBJECT-to restrictive covenants -recorded -in Book-1395,-Page 975,-asamended-in -Book-1717,-Page 660 Onslow County Registry. l:\WVJLx31cfKORM\o[E05\vAOLEn.us WTDIM KOKR 6*N Book: 3819 Pa, o. 409 Page 1 of 2 Book: 3819 Page: 409 Seq: 1 � (Page 2 o£. 2) The property herein above described was acquired, or is a portion of the property acquired, by Grantor by instrument recorded in: Book 1703, Page 527, Onslow County Registry. TO HAVE AND TO HOLD the aforesaid tract(s), lot(s) or parcel(s) of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. THE GRANTOR COVENANTS WITH THE GRANTEE, that Grantor is seized of the premises in fee simple, -has the right to convey the same imfeesimple; thattitle-is:marketable-and: freeeand_clear-of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein above described is subject to the following exceptions: Property taxes for the year 2012 and thereafter, general utility easements and restrictions of record and matters shown on any recorded plat of the above described property. 1N WITNESS WHEREOF, the Grantor has hereto set his/her hand and seal, or if corporate or other entity, has caused this instrument to be executed by its duly authorized partner(s), manager(s) or officer(s), the day and year first above written. gy,: lea — ANNY IARCO PAD E By:— - - - - — - GLENDA M. PAD ETT STATE OF NORTH.CAROLINA COUNTY OF ONSLOW I certify that the following person(s) personally appeared before me this day, each acknowledging tome that-heorshevoluntarilysigned-the foregoing-documentfor -the purposes stated therein -and -in -the capacity(ies) indicated: DANNY MARCO PADGETTand wife, GLENDA M. PADGETT 2012 _ ial Signature otary) T7.e'J k.Afit ra✓ds—`7F. (Notary.'' printed or- .name) My commission expires: te r- �J Cl I�t 2.016 atowca' (OfficialStampor Seal rAwsoorJGNFocukoreos�vAoem.M wnrra[ws vaWranu.WN ) Hook: 3819 Page: 409 Seq: 2 (Page.! 1 of 2) Io�I�gNlgqqq00180 80002 Tlo.: CRPl� Doc ID: OOOla06B0002 TYPe: CRP 'J Recorded: 07/27/2006 at_03:52:50-PM - ' Fae-Amt P227 t10 Papa 1 01 2 Exclsa Tax: Silo.00 ooslou-CountY—NC Mlldced-M_Thanaa-Register-Ol-Deeds es9991PGAA4 NOR=PH-C-AROLINA-GENERAI., WARRANTY -DEED Excise Tac: $210.00 - Tax Lot No. ]'steel -Identifier No.-765A-16 Certified by County on the _ day of , 20 by Mail alter recording lo:-Thomas Mille, at This instrument was prepared by Glenn O'Keith Fisher, Attorney at Law Thi, deed presented to —Thc On.10% L' nT� OI �� -Lot I -Section I;Coastal Village C1 K Brief Description for the index Bate' n1' crk� THIS DEED made July 19, 2000 by and between GRANTOR GRANTEE COASTAL VILLAGE A North Carolina Limited Partnership THOMAS C. MILLER knu in vpPW^Ne bbh fvi ocb pulp iwie; Wdnn, nd; avppwiYq dunpg ar�rtuY, a F. wryonlbv m w pN¢nhip. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WfTNE.SSETH, that the Gmntor, fora valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has andby these pmsenls does yrtanl, baiga_q}ell and convey_unto the Gmnteo in foo siatple, all I}tat certain lot.,parcel of land situated in the City of Towne ship, ONSLOW County, North Carolina and more particularly described as follows: Being all of Lot_I as_shown on aplat entitled "Coastal village,. Section P dated November _13, 1987 and recorded. April 24, 1990 in Map Book 27, Page 5, Slide E-293 in the Onslow County ]registry. Subject t0 any and all cuvonants and essements of record. N C. ear Avvoe. Form No. It 1971 NMM ti/pivnp win uM N.0 ev A,aY. CUl RECEIVED JUL 2 4 2012 BY: Book: 2291 Page: 13 Seq: 1 (Page,!2 of 2) The property hereinahove described was acquired by Grantor by instrument mcorded in Hook , Page A map showing the above described property is retarded in Plat Rook, Page . TO IiAV E-AND TO HOLD the aforesaid lot orpareel of land and all privileges and appurtenances thereto belonging to the Com ee in fee simple. And the Grantor covenants with the Grantee, that Grawonis seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, am] that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions herein aver stated. Title to the property hercinabove described is. subject to thefollowing exceptions: AS LISTED AFTER DESCRIPTION INWITNESS' WHEREOF, the Grantor has hereunto set his hand and 'seal, -or ifcorporate; has caused this insstiumentto be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority ofits.Boatd of Diretlors,.the day and year first above written. COASTAL VILLAGE (SEAL) (Corporate Name) B;Oz President (SEAL) ON ICK G.-WAT'S _ Secretary (Cerpomte Scal) SEAL: STAMP STATE. OF _ C0UN'1'.Y it Before me, a Notary Public ofthc County and State aforesaid, eestifythat and wife, _ -appeared before ma. in mypresence -and -acknowledged -the -foregoing inelmment. Witness my hand and official stamp or seal, this _ day of , 20C4. My.cummission expires: Notary Public SEAL-S AMP.. STATE OP NORTII CAROLINA, ONSLOW COUNTY "1 L= ° 1,allotary-Publio-of-the :County -and -Stntraforeseid,-certify-that-RICK-G.-WA'1'SONpersoeullY - pTA'q-"-'(: \ appeared before me this day and acknowledged that he is President ofCOASTALVILCAGEacting on I the authority duly given and as an act of the corporation the execution oflhe foregoing instrument was igned by an Yresidcm. Witness my hand and olfirdal stamp or seat, this 1 ) -day of —t 20C4, •'�,AVBLNG .i �:� My commission expires: J' 1l 111 '1 1-.(T�omry.ILblic The foregoing Ccnificate(s) of —Annette -A. Campbell Wtua certificd to be coned. This instrument and this certificate are duly registerded at the dale antime and in the Rook and Page shown on t`Y hc,fust page he�reMlo�f__F(ry_ ' A _ ]�i]('�'Q �•'f)(f]—Q''/(f_—a—`—„- - - `'�C/—REGISTBR'OF DEEDSFOR-01t51Uu COVNTY By Deputy/Assistant-Registec.of Deeds. N.c. 9ar Naa. F. Ne. 10191] W MM OY M��wX MT M� N C: t s anx i EC EI V ED JUL 2 4 'L012 BY: Hook: 2291 Page: 13 Seq: 2 K4L (Page 1 of 2) Prepared try Glenn O'Ketrh Fisher, Attomey at Lew y7—i{t-2:- Iq .. sunitoot crsaw c rm` y110.00 m.n n1H Rwl Estste E.ciO To [adaEr.._ena:en THIS-DOCUMENLPRESEIM TO —THE ONSLOW COUNTY TAX -OFFICE DATEµ•1l, Ti.,.,L a?a�va e Recmvdvn . Tar Lot No. Parcel identifier No. Verified by Countyon am _ day d 20_ by —Mall after recording to Danny Me= Padgett 99 Village Drive Holly Ridge; NC 25"5, This insoument vas. preparedby Glenn O'Kelth Fisher _ Bdef Description foi the index -tot 2 Coastal Vil NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made APRIL 17. 2001, by and between GRANTOR GRANTEE ® OARY.D: OUR(sANUS AND WIFE . ' SIMRONM.GURGANUS DANNY MARCO PADGETT AND WIFE, GLENDA'1117PADGETT i i L ' E,b m sole .�a Awwnm aie.eRa�mr wove I�Thedayg�iral.- aMverd leftseornelwasnaaniradb commeq lfleirlltiw, wcceason;andatslge:; and NUllirclWe 61ngu1ar. plural, IrIa5411dIB, fPlfGreMef r1eYlCaafaglllred bJ GTLei. IA t WITNESSETH.UnitftGrardv,IvavaluaWCds npaidbyftGrdMee.themce4AdWbchishmmbjackvMedged,hay and by these presemsdoesgram,bargain, sell adcomry unto the Grantee In fee simple, all that certain lot or parcel of Wrq situated in the Ci tyd, STUMP SOUND Town dwp, ONSLO W Cnedy, NoM Carol Ire end more par dwlarty described m follows: BEING ALLOF LOT 2 MASTAL V IL LAG'E AS SHOWN ON PLAT FNMUD-A FI NAL PLAT FOR COASTAL VILLAGE, SCCRON r, PREPAREDB'Y0 NNYMARCOPADGETT. REGISTEREOLANDSURVEYORONAPRIL24, 19MANDREOORDEDIN MAP BOOK 27,- PAGE S,-BODE E-273, ONSLOW COUNTY REGISTRY. I•_SUSIECT 70 RESTRICTIVE COVENANTS RECORDED IN BOOK 1395, PAGE 975, ONSLOW COUNTY REIGISTRY. MC. NAvee iOm W 101er1 IewpAp�.YM.b MC e�1s g' CEIVED JUL 2 4 2012 BY: Book: 1703 Page: 527 Seq: 1 1� (Page 2 of 2) E0001-n3-PABE5H I The P-OPertY hereinabove demdbW rrs acquired by Grams by Instrument reepyad in Bode 1404, Page 148. A MP showing the slowly described Property Is recorded in Plat Book 27, Paga S. TO HAVE AND TO HOLD the aforesaid let ar paRVJ attend and art priYY� aYi appudenarlces ttlereto Ddorgl ng to the Gmmee in fee simple. AndMGrantorismiiedof ftprenusesinfee ample, hasdleright tomm ,ythesame in feewnple, UVbd,4msbeWMandfaeargtlearOjaII h mlbrmces; andthatGratWwlIwararpand endtMtit)eagalnst the IaNVI dainis of llM. Its vliom ,er ezcepl [odor the enceplions hereinafter stated. Title to. the property.hereVaW.a described Is subject to the (dlouving exceptions AS LISTED AFTER DESCRIPTION ' IN WITNESS WHEREOF, the Grantor has hereunto eel his hand and seal, or R corporate, has caused this Instrument to be signed In corporate name by its duly authunzed officers and its seal to be hereunto affixed by authority of its board of Oiredon, the day and ye above wriden. L SEAL) _CA : GUR (Coryorete Neme) (Ll n v (SEAL) SHARON M. GURGANV BY: _Provident i (SEAL) (SEAL) ATTEST: (SEAL) —i Seandary. Corporate Seal) _i �pemnlnmm��s � ;IIEALST/JIP r',p ONSLOW COUNTY, NORTH CAROVNA i Baaane.aNpray RtEcdM OagnemaWn SlmmM(aa(JneaRSN d"d� LMi.��aMMraeparp'mbum�sawaevmYMarnddr®Isnmav4Pu-L7�i a�u,.,� ;.��; MYscarra+ioaaq'vmrH y.a8-vN : _ �YMYI16mam , il'.Ur.: ih—#1.�� y�aa. PypGc BEwl:1TAMP NORTH CAROLINA Onst_M LINTY lewmy PWkddeCavyandStaeabeigmbyam PmavWrga®aemoeneeuyrsEaynpe�wdpw Kahz M,d.vtl bywevtydcygvis nwWdawoapo- Ma d.awbvpgisamio,w sgedgaPiebmlx4,eNbtiv.MaorPerosledme0eeb/bx0e0Y. Waxm^NNtlagdM1ul siaryaeu4 ma_dayd ,3000: My...pi" ..puss 11 ' NOWv Pudic Tr. ton`yb C-V--Wa)d RAREN M. FISHER Wan, oWed/1.bemnnep_Th. NaNR1u�Q/M^teM me ocMiuy am WlY laprs'mM at Ne deN u�d line uNn Ta fioo4 and PagatMmmer hM papalmad.— 'Awn. REGISTER OF DEEDS FOR ONSLOW COUNTY By _____ _ DeaulylA Mart -Radar or Dm Nc. as nMz rum W To ran e..a n..�........ c. .om RR El CEIVED JUL 2 4 I'll BY: Book: 1703 Page: 527 Seq: 2 (Page 1 of 2) ,/ Excise Tax:$ 380. 00 c/ Parcel No.: 049763 (/ This instrument Prepared by & Returned to: Ray C. Blackburn, Jr., Attorney at Law, PO Box.895,.Hampstead, NC.28443.The.preparer-of.this.instrument has.made.no examination of the record title to the property conveyed herein and renders no opinion on title nor has preparer of this Instrument rendered any advice regarding any tax matters affecting the lands transferred hereby. STATE -OF -NORTH CAROLINA GENERAL-W ARRANT-Y-DEED mailing address Is:U09 E)tecul-ivc Qlo)tx :)U.te,bWVL1.1-L r1C a93o5 The designation Grantor -and Grantee as used herein shalt include said parties, -their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: Now Therefore, -GRANTOR; for valuable consideration paid by the GRANTEE receipt of which is hereby acknowledged, has bargained and sold, and by these presents does tract or parcel of land located in Onslow County, North Carolina and more Hook: 3819 Page: 407 Seq: 1 (Page 2 of 2) This Is or Is not X the Grantor's primary residence. T0-HAVE.AND TO HOLD the above described lands and premises together with all and singular, the rights, privileges, easements, tenements, duties, obligations and appurtenances thereunto belonging, or in any wise appertaining unto said GRANTEE, in fee simple, -FOREVER. And the Grantor covenants with the Grantee, that the Grantor is seized of the premises -in -fee -simple, _ has _the_ right _to_convey_the _ same_in_fee_simple,_that _btle_is marketable and free and clear of all encumbrances, and that Grantor will WARRANT and DEFEND the title against the lawful claims and demands of any and all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein above described -is subject -to the -following -exceptions, 1. Ad Valorem Taxes for 2012 and subsequent years. 2General utility acrvice easements -and -rights of way of record. 3. Easements and restrictions of record. 4. Onslow County Zoning and/or Subdivision Ordinances and Regulations IN WITNESS WHEREOF, GRANTOR has caused this instrument to be signed in its name by its duly authorized member/manger,-the day and year fast -above -written. STATE OF M COUNTY OF-PeC40- I,-�lub.o.�.-I-IOi71]5 ,a.Notary-Public.ofthe.County--and.State.aforesaid,do hereby certify that Thomas C. Miller and Niki-Miller,-petsonallyappeared -before me this day and acknowledged the execution of the foregoing tssinstrument Witn.myhand and notarial seal; ts the a.y=day §iof July, 2012. Book: 3819 Page: 407 Seq: 2 COASTAL ENVIRONMENTAL CONSULTING, INC. P.O. BOX 15102, WILMINGTON, NC 28408 PHONE: (910) 791-6411 FAX: (910) 791-6377 MOBILE: (910) 233.4730 R & S Matthews Properties, LLC June 7, 2012 c/o Benjamin Goetz, PE Family Foods, Inc. P.O. Box 87886-7886 Fayetteville, NC 28304 Re: Wetland Evaluation Commercial Site, 1.52 + Acres Proposed Taco Bell Restaurant JCT N.C. Highway 210 & Village Drive Sneads Ferry, Onslow County, North Carolina Dear Mr. Goetz: Coastal Environmental Consulting, Inc. (CEC) has conducted an evaluation of the status of jurisdictional wetlands on the above -referenced property as defined in Section 404 of the Clean Water Act and regulated by the U.S. Army Corps of Engineers (USACE). The study was performed using the technical guidelines set forth in the USACE Wetlands Delineation Manual (1987) and the latest guidance issued in a memorandum dated June 5, 2007 entitled Clean Water Act Jurisdiction Following U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States. Based on the professional opinion of CEC, no jurisdictional 404 wetlands are located on the property. We appreciate this opportunity to be of service. Please contact the undersigned if you have any questions. Sincerely, Coastal Environmental Consulting, P; cs� a� Harvey E. Clifton, Jr. Senior Wetland Scientist Jerod M. Clifton Wetland Scientist Inc. M RECEIVED JUL 2 4 2012 BY: THOMAS & HUTTON 1' 1350 FARROW PARKWAY I MYRTLE BEACH, SC 29577 POST OFFICE BOX 8000 1 MYRTLE BEACH, SC 29578-8000 843.839.3545 1 WWW.THOMASANDHUTTON.COM July 23, 2012 Ms. Christine Nelson NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Stormwater Management Permit Application (Express Review) Taco Bell Sneeds Ferry, NC 23988.303 Dear Ms. Nelson: On behalf of Taco Bell we are pleased to submit the Stormwater Management Permit Application for the above referenced project under the express review program. The following items are included for your review: • Application fee • One (1) original and one (1) copy of the completed Stormwater Management Application Form; • One (1) copy of the Certificate of Authority for R&S Matthews Properties, LLC; • One (1) original copy of the Wet detention Basin Supplement including the required item checklist and executed Operation and Maintenance agreement; • One (1) copy of current deed; • One (1) copy of the Letter of Agency from the property owner; • One (1) copy each of the ACOE - No wetland letter • One (1) copy of Stormwater and Erosion Control Design Considerations including Project Narrative! USGS Vicinity Map and Soils Report; and • Two (2) copies of Site Development Plans. RECEIVED JUL 2 4 2012 BY: SAVANNAH, GA I CHARLESTON, SC I WILMINGTON, NC I BRUNSWICK, GA Ms. Christine Nelson NCDENR July 20, 2012 Page 2 Please review the application, and if everything is in order, we respectfully request NCDENR approval. Please feel free to contact me at (843) 839-8424 should you have any questions or comments. Thank you for your time and assistance with this project. Sincerely, THOMAS &,H/UTTO M Jo n Richards, PE Principal/Project Manager Enclosures: as listed above cc: Ronnie B. Matthews/R&S Matthews Properties, LLC Jack Reel, PE/Thomas and Hutton JUL 2 4 2012 For DENR Use ONLY Reviewer. G 6ri 4t+L4A North Carolina Department of Environment and Submit - 23 Natural Resources NCDENR Request for Express Permit Review Time: I 3� Confine: 17 —1 tr FILL-IN all the information below and CHECK the Pern it(sj you are requesting for express review. Call and Email the completed form to the Permit 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. Please include this form in the application package. • Asheville Region -Alison Davidson 828-296.4698;alison.davidson(dncdenrgov • Fayetteville or Raleigh Region -David Lee 919-791.4203; david.lee(a ricdenrpov • Mooresville & Winston Salem Region - Patrick Grogan 704-235-2107 orpatrick.groeair(dricdenr.gov • Washington Region -Lyn Hardison 252-948-3842 or Ivn.hardison(ancdenr.gov • Wilmington Region -Janet Russell910-796.7302 or ianet.russell(@.ncdenr.gov • Wilmington Region -Cameron Weaver 910-796-7303 or cameron.weaver(dncdenr.gov Enter Related SW Permits of Request SW SW _ SW _ SW SW NOTE. Project application received alter 12 noon will be stamped in the following work day. I Project Name: TACO BELL SNEADS FERRY, County: ONSLOW Applicant: RONNIE B. MATTHEWS Company: R & S MATTHEWS PROPERTIES. LLC o Address:10191 RAMSEY STREET City:LINDEN , State: NC Zip: 28356-_ Phone: 910-323-9700, Fax: 910-323-9703, Email: Lon@ffnc.net Physical Location:INTERSECTION OF VILLAGE DRIVE & HWY 210 Project Drains into SA HOW waters. Is project draining to class ORIN waters? N, within Y2 mile and draining to class SA waters N or within 1 mile and draining to class HOW waters? Y Engineer/Consultant: JOHN H. RICHARDS, PE Company: THOMAS & HUTTON ENGINEERING CO Address: 1350 FARROW PARKWAY City:MYRTLE BEACH, State: SC Zip: 29577-_ Fk� C E-,I TED Phone:843-839-8424. Fax: 843-839-3565, Email: richards.i@thomasandhutton.com JL 1 0 LU12 SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER: SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ 401 Water Ouality Certification ❑ Isolated Wetland (_linear It or _acres) ❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ® State Stormwateir- ❑ General, please specify: _ (i.e. NEW Fast Track Low Den., Clear & Grub, SFR, Bkhd & Bt Rip, Linear, Utility, Other, etc.) ❑ Low Density - Please specify: [i.e. New, modified or plan revision -SW (Provide permit #)] ® High Density - Please specify: New [i.e. New, modified, offsite or plan revision (SW _ (Provide permit#) & type of treatment (detention, infiltration, wetland, etc) etc]: ❑ Exclusion — Please specify: _ [if DOT project or redevelopment, etc] ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality; ® Erosion and Sedimentation Control Plan with 1_5 acres to be disturbed:(CK # (for DENR use)) SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request) Wetlands on Site ❑ Yes ® No Wetlands Delineation has been completed: ® Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ® No Received from US ACOE ❑ Yes ® No For DENR Fee Split for multiple permits: (Check # 1 Buffer Impacts: ® No ❑ YES: acre(s) Isolated wetland on Property ❑ Yes ® No 404 Application in Process w/ US ACOE: ❑ Yes ® No Permit Total Fee Amount SUBMITTAL DATES Fee I SUBMITTAL DATES Fee CAMA $ Variance ( Maj; Min) $ SW (❑ HD, ❑ LD, ❑ Gen) $ 401: $ LQS $ Stream Deter,_ $ NCDENR EXPRESS July 2012 PROJECT NARRATIVE Taco Bell Sneads Ferry is a proposed restaurant to be located on 1.55 acres at the southwest corner of Village Drive and HWY 210 in Sneads Ferry, NC. The project site is approximately 'A mile north of the intersection of HWY 172 & HWY 210. According to the Onslow County Soil Survey, the native soils on site primarily consist of Leon (B/D) with a small area of Kureb (A). The current site conditions consist of partial woods and open space. The existing topography is relatively flat with slopes ranging from 0-2%,. The pre -development runoff for the site drains via overland flow to existing ditches along the western property line and along HWY 210. The site is part of the Mill Creek watershed which is classified SA; HQW (index 19-39-3-1) and within the White Oak River Basin. The site is NOT located within one-half mile of the SA watershed. The proposed high density commercial development will ultimately consist of a 2,515 sf restaurant, parking lot and associated utilities. The total land disturbance area is approximately 1.55 acres. The post development storm water runoff will be stored and treated by the proposed, on -site wet detention basin. The basin will have two emergency outlets for runoff greater than the 1.5" design storm (outlet structure and rip rap lined weir). The run-off will be conveyed to the basin via a combination of sheet flow, swales and culverts. Rip Rap will be provided at areas of concentrated flow for velocity and erosion control. The storm drainage system will be privately owned and maintained per Town and State regulations. BMP's will be used and maintained throughout the construction of the project to minimize sediment and erosion control. The wet detention basin will be used as a sediment skimmer basin during construction activities and converted to a permanent wet detention basin per the plan details. Addition sediment control devices will consist of temporary silt fencing, grassing, rock pipe inlet protection, and rip rap stabilization at outlets and areas of concentrated flows. All sediment and erosion control devices will be in -place prior to construction and/or constructed as necessary. The project engineer and/or designated agents for the owner will monitor all sediment and erosion control devices during construction. The sediment and erosion devices will be removed after permanent stabilization of the site has been accomplished. The anticipated construction sequence is as follows: 1. Install silt fence and erosion control measures; 2. Clearing and Grubbing; 3. Install sediment basin; 4. Install drainage conveyances 5. Install water & sewer services; 6. Site rough grading; 7. Building construction; 8. Parking lots and final grading; 9. Final grassing and stabilization; and 10. Convert sediment basin to wet detention basin per design specifications and details once the site is permanently stabilized. .w RECEIVED JUL 1 0 Z012 . BY: 2a I I 1 p gee 1 I""OIL____^:, e.,r�...���r. ve:B..a,e. €g a'�gd___________ T ___________e.; _____. € •s I i li li �\ •e1 s g. 1 1 11 11 • s a x.i IIIII � r I . IIIII I r 14 • � � to _.. �—..—..—..—_—._—..—'-z-� I I I 9 � c i �1 ' €• 3 till c / • � �e ' P^F ii p3 I � I 1 Gi €•p 5 ei:�R I;; . R •� I —I I 1 I �I , ~` I I I . I jy �I j: I { i � r e'• av rr 11 � nr I I I■ I i �� I I i .I I ' `I I / •. �I fA YI' . n soe re`,' ( �i O�S� �1 . . � � I it, \I°'a : a `e ' 8a w c , • $ I $ i 1 zs•P vll !W ■ �paR "iliiid - ,.� 78 i.��, iw � I C:S I mt5`' I I $ k • $ � I .IIa L • `... _ .�•' I I • $ / ��; � I111 g—``` c —' --- ele � lei \air\, /*"reY�e� t f•G s OHP xl= OHP - P--rp 0 --� HIP OH'I �= P bqP-. 1 vTi T� -QaPaP gy—� __..- - lrS -----------"�gG--`Li-�--- --- ----- -------~gag 5 e 6.. NORTH CAROUNA HIGHWAY 210 (B$ISTING 100' PUBIC R/M')x •r REPORT OF SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING EVALUATION TACO BELL SNEADS FERRY, ONSLOW COUNTY, NORTH CAROLINA kuv PREPARED FOR: MR. JOHN COCKRUM ENVIRONMENTS UNLIMITED 215 S. KERR AVENUE WILMINGTON, NORTH CAROLINA 28403 ECS CAROLINAS, LLP PROJECT NO.: 22.17609 APRIL 19, 2012 -..t -C Euil-ED j JUL 2 4 201Z Icy: i ECS CAROLINAS, LLP ''Setting the Standard for Service' �------�+.. Geotechnical •Construction Materials •Environmental •Facilities N, Neynle•ye..,.,en,yinmr.IWe April 19, 2012 Mr. John Cockrum Environments Unlimited 215 S. Kerr Avenue Wilmington, North Carolina 28403 Re: Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 Dear Mr. Cockrum: As authorized by your acceptance of our proposal number 15785, dated April 5, 2012, ECS Carolinas, LLP has completed a subsurface exploration for the subject project. This report presents the results of the field exploration and engineering evaluation, along with our recommendations for design of geotechnical related items. We appreciate the opportunity to be of service to you during the design phase of this project and look forward to our continued involvement during the construction phase. If you have any questions concerning the information and recommendations presented in this report, please contact us at (910) 686-9114 for further assistance. Respectfully submitted, ECS CAROLINAS, LLP Lkxau� Winslow E. Goins, P.E. Project Engineer North Carolina License No. 033571 - Stephen J. Geiger, P.E. Principal Engineer North Carolina License No. 019288 7211 Ogden Business Park, Suite 201. Wilmington, NC 28411 • T: 910-686-9114 • F: 910-686-9666 • www.ecslimited.com ECS Capdol Services. PLLC • ECS Cardinas, LLP • ECS Florida LLC • ECS tvtidwwesl. LLC • ECS Md-Allan LLC • ECS Soulheasl. LLC • ECS Texas. LLP REPORT OF SUBSURFACE EXPLORATION AND GEOTECHNICAL EVALUATION TACO BELL SNEADS FERRY, ONSLOW COUNTY, NORTH CAROLINA PREPARED FOR: MR. JOHN COCKRUM ENVIRONMENTS UNLIMITED 215 S. KERR AVENUE WILMINGTON, NORTH CAROLINA 28403 PREPARED BY: ECS CAROLINAS, LLP 7211 OGDEN BUSINESS PARK SUITE 201 WILMINGTON, NORTH CAROLINA 28411 ECS CAROLINAS, LLP PROJECT NO.: 22.17609 FIRM NO. F-1078 WINSLO_W.L+i.�QINS, P.E. n1?751 Ow i,cl) NC LICENSE NO. 033751 APRIL 19, 2012 RECEIVED JUL 2 4 2012 BY: TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY .................................. :...................................................................1 2.0 PROJECT OVERVIEW.........................................................................................................`e 2.1 Project Information........................................................................................................... 2.2 Scope of Work.................................................................................................................2 2.3 Purpose of Exploration....................................................................................................2 3.0 EXPLORATION PROCEDURES..........................................................................................3 3.1 Subsurface Exploration Procedures .................................................................................3 3.1.1 Cone Penetration with Direct push Sampling...........................................................3 3.1.2 Hand Auger Boring and Infiltration Tests.................................................................3 4.0 EXPLORATION RESULTS...................................................................................................4 4.1 Site Conditions................................................................................................................4 42 Regional Geology............................................................................................................4 4.3 Soil Conditions.................................................................................................................4 4.4 Groundwater Conditions..................................................................................................5 4.5 Seasonal High Water Level And Infiltration Results. 5 5.0 ANALYSIS AND RECOMMENDATIONS..............................................................................6 5.1 Subgrade Preparation 5.2 ......................................................................................................6 Engineered Fill Placement...............................................................................................7 5.3 Foundations Design.........................................................................................................8 5.4 Floor Slab Design............................................................................................................9 5.5 Lateral Earth Pressures..................................................................................................9 5.6 Excavation Conditions...................................................................................................10 5.7 Pavement Design Considerations.................................................................................10 5.8 Site Drainage.................................................................................................................11 5.9 Construction Considerations..........................................................................................11 6.0 CLOSING ...........................................................................................................................13 APPENDICES APPENDIX A -FIGURES APPENDIX B-CPT SOUNDING AND DIRECT PUSH BORING LOGS APPENDIX C-INFILTRATION TESTING FORM APPENDIX D-GENERAL CONDITIONS Report of Subsurface Exploration and Geolechnical Engineering Evaluation Taco Bell Sneads Ferry. Onslow County, North Carolina ECS Project No.: 22.17609 1.0 EXECUTIVE SUMMARY This report contains -the results of our subsurface exploration and geotechnical engineering evaluation for proposed site that includes two parcels (to be combined) located at 2 Village Drive and 0 North Carolina Highway 210 in Sneads Ferry, North Carolina. At the time of our field exploration, the site was covered with trees and grass. The site is relatively level with typical elevations ranging from 58 to 60 feet. We understand that a one-story, approximately 2,900 square foot restaurant will be constructed on the proposed site. Project specific information including structural and grading information was not available at the time this report was prepared. Approximately 6 inches of organic topsoil was reported by the drillers at the CPT sounding locations. Beneath the surface to depths of about 12 feet, the test soundings typically encountered intermittent layers of loose to very dense slightly silty, silty and sands (SM-SP, SM, SP) and thin layers of firm to hard sandy clays and silts (ML, CL). From 12 feet to depths of approximately 20 feet, the test soundings typically encountered intermittent layers of medium dense to very dense slightly silty, silty and clean sands (SM-SP, SM, SP). It is important to note the near surface site soils consist of relatively loose sands. These soils will likely require in -place densification to achieve a stable subgrade for support of the proposed construction. In summary, the proposed buildings can be supported on conventional shallow foundations. For foundations designed and constructed in accordance with the recommendations provided in this report, a net allowable soil bearing pressures of 3,000 pounds per square foot (psf) is recommended for use in proportioning shallow foundations bearing at least 18 inches below the prevailing grades. Once structural loads and project grading layouts are determined, we request that they be provided to us so that we may review our recommendations and make any necessary changes. Specific information regarding the subsurface exploration procedures used, the site and subsurface conditions at the time of our exploration, and our conclusions and recommendations concerning the geotechnical design and construction aspects of the project are discussed in detail in the subsequent sections of this report. Please note this Executive Summary is an important part of this report and should be considered a "summary" only. The subsequent sections of this report constitute our findings, conclusions, and recommendations in their entirety. Prepared By: Winslow E. Goins, P.E. Project Engineer Reviewed By: Stephen J. Geiger, P.E. Principal Engineer JUL 2 4 2012 Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 2.0 PROJECT OVERVIEW 2.1 Project Information Our understanding of the proposed construction is based upon our discussions with representatives of Environments Unlimited. The proposed site that includes two parcels (to be combined) located at 2 Village Drive and 0 North Carolina Highway 210 in Sneads Ferry, North Carolina. At the time of our field exploration, the site was covered with trees and grass. The site is relatively level with typical elevations ranging from 58 to 60 feet. We understand that a one-story, approximately 2,900 square foot restaurant will be constructed on the proposed site. Project specific information including structural and grading information was not available at the time this report was prepared. 2.2 Scope of Work The conclusions and recommendations contained in this report are based on the results of the following: • two electronic cone penetration lest (CPT) test sounding • one direct push sampling boring • two hand auger borings and infiltration tests • engineering analyses of the field findings with respect to the provided project information 2.3 Purposes of Exploration The purpose of this exploration program was to determine the soil and groundwater conditions at the site and to develop engineering recommendations to assist in the design and construction of the proposed project. We accomplished these objectives as follows: • performing a site reconnaissance to evaluate the existing site conditions • performing soundings and borings to explore the subsurface soil and groundwater conditions performing hand auger borings to estimate seasonal high groundwater level, • performing infiltration tests to determine the infiltration rate of the soils in the proposed stormwater BMP, • analyzing the field to develop appropriate geotechnical engineering design and construction recommendations Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 3.0 EXPLORATION PROCEDURES 3.1 Subsurface Exploration Procedures 3.1.1 Cone Penetration Testing Two electronic cone penetration test soundings were performed in the proposed building area during our field exploration. The cone penetration test soundings were performed in general conformance with ASTM D 5778 by our subcontractor. The soundings were advanced to depths of 20 feet. The soundings were performed with a track mounted rig. The approximate location of the CPT sounding is indicated on the Exploration Location Map in Appendix A of this report. The cone used in the sounding has a tip area of 10 cm and a sleeve area of 150 cm2. The CPT soundings recorded tip resistance and sleeve friction measurements to assist in determining pertinent index and engineering properties of the site soils. The ratio of the sleeve friction to tip resistance is then used to aid in assessing the soil types through which the tip is advanced. The results of the CPT are presented in Appendix B. In addition to the CPT soundings, one direct push boring was performed in the proposed BMP area. The direct push obtains continuous soil samples by driving four foot long sample tubes by means of a percussion hammer. The sample tubes are returned to the soils laboratory in Wilmington, North Carolina. The samples are visually classified and used to help verify the soil descriptions in the nearby CPT sounding. 3.1.2 Hand Auger Borings and Infiltration Tests On April 13, 2012, two hand auger borings were performed on the site. The purpose of the hand auger borings was to stratify the subsurface soils and estimate the seasonal high water table. We evaluated the subsurface soil and ground water conditions by drilling the hand auger borings to depths of approximately 60 inches below the existing ground surface at the approximate locations indicated on the Exploration Location Maf in Appendix A of this report. We visually classified the subsurface soils on site. The results are provided in Section 4.5 and in Appendix C. In the hand auger borings, redoximorphic depletions and concentrations of iron, known as "drainage mottles", are used as soil indicators to estimate the seasonal high water table. These soil indicator features can form in a matter of days in ideal conditions and remain unchanged for decades or more after the water table has changed. V LLB./ JUL 2 4 2012 3X:_ Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 4.0 EXPLORATION RESULTS 4.1 Site Conditions The proposed site that includes two parcels (to be combined) located at 2 Village Drive and 0 North Carolina Highway 210 in Sneads Ferry, North Carolina. At the time of our field exploration, the site was covered with trees and grass, The site is relatively level with typical elevations ranging from 58 to 60 feet. 4.2 Regional Geology The site is located in the Coastal Plain Physiographic Province of North Carolina. The Coastal Plain is composed of seven terraces, each representing a former level of the Atlantic Ocean. Soils in this area generally consist of sedimentary materials transported from other areas by the ocean or rivers. These deposits vary in thickness from a thin veneer along the western edge of the region to more than 10,000 feet near the coast. The sedimentary deposits of the Coastal Plain rest upon consolidated rocks similar to those underlying the Piedmont and Mountain Physiographic Provinces. In general, shallow unconfined groundwater movement within the overlying soils is largely controlled by topographic gradients. Recharge occurs primarily by infiltration along higher elevations and typically discharges into streams or other surface water bodies. The elevation of the shallow water table is transient and can vary greatly with seasonal fluctuations in precipitation. 4.3 Soil Conditions CPT Soundings: Approximately 6 inches of organic topsoil was reported by the drillers at the sounding locations. Beneath the surface to depths of about 12 feel, the test soundings typically encountered intermittent layers of loose to very dense slightly silty, silly and sands (SM-SP, SM, SP) and thin layers of firm to hard sandy clays and silts (ML, CL). The equivalent corrected standard penetration test resistances (N'-values) in these soils generally ranged from 5 to 7 blows per foot (bpf). From about 12 feet to depths of approximately 20 feet, the test soundings typically encountered intermittent layers of medium dense to very dense slightly silty, silty and clean sands (SM-SP, SM, SP). The equivalent corrected standard penetration test resistances (N'-values) in these soils generally ranged from 25 to 55 bpf. The descriptions provided in this section are a general summary of the subsurface conditions encountered within the CPT lest soundings. The CPT Sounding Records in Appendix B contain detailed information recorded at each of the sounding locations. Direct Push Boring: From the surface to 8 feet, the direct push boring typically encountered intermittent layers of gray, tan, dark brown and brown, silty, slightly silty and clean sands (SM, SP-SM, SP). Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22,17609 4.4 Groundwater Conditions Porewater pressure measurements were made at all sounding locations during exploration. Furthermore, visual observations of the samples retrieved during drilling exploration were also used in evaluating the groundwater conditions. The groundwater depths were observed to range from apparently 5.6 to 5.7 feet below the existing grade in the CPT soundings. In the Direct push boring, the groundwater was observed to be at approximately 5.5 feet. The highest groundwater observations are normally encountered in the late winter and early spring. Variations in the location of the long-term water table may occur as a result of changes in precipitation, evaporation, surface water runoff, and other factors not immediately apparent at the time of this exploration. If long term water levels are crucial to the development of this site, it would be prudent to verify water levels with the use of perforated pipes or piezometers. 4.5 Seasonal High Water Table and Infiltration Test Results The results from groundwater observations, seasonal high water level (SHWL) estimates and infiltration tests performed in the hand auger borings are summarized below: Infiltration Location SHWL Groundwater I Infiltration Test Rate (in) Depth (in) I Depth (in) _ in/hr I-1 30 48 10 10.5 I-2 30 48 10 12.1 For detailed information, please refer to the Infiltration Testing Form in Appendix C. JUL 2 4 2012 BY: Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22,17609 5.0 ANALYSIS AND RECOMMENDATIONS The recommendations provided in this report are based upon our understanding of the proposed construction, the information provided to us during this study and our past experience with similar conditions. Should any of the information provided to us be changed prior to final design, ECS should be notified to review these recommendations. and make appropriate revisions, if necessary. 5.1 Subgrade Preparation The first step in preparing the site for the proposed construction should be to remove vegetation, rootmat, topsoil, deleterious materials, existing pavement, foundations, utilities, and any other soft or poor materials from the existing ground surface. These operations should extend at least 10 feet, where possible, beyond the planned limits of the proposed buildings and pavements. After proper clearing, stripping, grubbing, and prior to fill placement, foundation, slab, or pavement construction, the exposed subgrade soils should be carefully evaluated by an experienced geotechnical engineer to identify any localized unsound or otherwise poor materials. After evaluating the exposed soils, proofrolling using a smooth drum roller, having an axle weight of at least 10 tons, is suggested to be used at this time to aid in identifying localized loose and yielding areas which should be removed. The proofrolling will also help densify the upper exposed subgrade soils. During this process, it may be necessary to allow groundwater brought to the surface during densifjcation to recede prior to continued densification or subsequent fill placement. Any soft or substandard materials identified during proofrolling operations should be either repaired in -place or removed and replaced with an approved backfill placed and compacted in accordance with recommendations of this report. Site subgrade conditions will be significantly influenced by weather conditions. Subgrades that are evaluated after periods of rainfall will not respond as well to proofrolling as subgrades that are evaluated after periods of more favorable weather. We strongly recommend that rubber tire equipment not be used if subgrade conditions exhibit elevated moisture conditions. The contractor should use tracked equipment to minimize the degradation of marginally steady subgrade. The preparation of fill subgrades, as well as proposed building subgrades, should be observed on a full-time basis by ECS personnel. These observations should be performed by an experienced geotechnical engineer or qualified person to ensure that substandard materials have been removed and that the prepared subgrade meets project requirements for support of the proposed construction and/or fills. Report of Subsurface Exploration and Geolechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS project No.: 22.17609 5.2 Engineered Fill Placement Following the removal of deleterious surface and subsurface materials, and after achieving a stable subgrade, engineered fills can be placed and compacted to achieve the desired site grades. Fill for support of the proposed construction and for backfill of utility lines within expanded building and pavement limits should consist of an approved material, free of organic matter and debris and cobbles greater than 3 inches, and have a Liquid Limit (LL) and Plasticity Index (PI) less than 35 and 9, respectively. We also recommend that fills within structural areas have a standard Proctor (ASTM D 698) maximum dry density of at least 100 pounds per cubic foot (pcf). Materials that should not be used as engineered fill include topsoil, organic materials (OH, OL), and high plasticity clays and silts (CH, MH). Such materials removed during grading operations should be either stockpiled for later use in landscape fills, or placed in approved on or off -site disposal areas. Existing soils containing significant amounts of organic matter will not be adequate for re -use as engineered fill. As such, the organic content of the near surface soils should be evaluated to determine if some of these soils will be adequate for re -use as engineered fill. Natural fine- grained soils classified as clays or silts (CL, ML) with LL and PI greater than 35 and 9, respectively, should be evaluated by the geotechnical engineer at the time of construction to determine their suitability for use as engineered fill. Prior to the commencement of fill,operations and/or utilization of any off -site borrow materials, the contractor should provide representative samples of the proposed fill soils to the geotechnical engineer. The geotechnical engineer can determine the material's suitability for use as an engineered fill and develop moisture -density relationships in accordance with the recommendations provided herein. Samples should be provided to the geotechnical engineer at least 3 to 5 days prior to their use in the field to allow for the appropriate laboratory testing to be performed. Fill materials placed within the building and pavement areas should be placed in lifts not exceeding 8 inches in loose lift thickness and moisture conditioned to within their working range of optimum moisture content. The fills should then be compacted to a minimum of 95 percent of the soil's standard Proctor (ASTM D 698) maximum dry density to within 12 inches below finished subgrade. The upper 12 inches of fills placed beneath structural development should be compacted to 98 percent of the soil's standard Proctor maximum dry density. The typical working range of optimum moisture for the natural Coastal Plain soils at the site is expected to be within approximately 3 percent of the optimum moisture content. Care should also be taken to provide a smooth, gently sloping ground surface at the end of each day's earthwork activities to help reduce the potential for ponding and absorption of surface water. Grade controls should also be maintained throughout the filling operations. Filling operations should be observed on a full-time basis by qualified ECS personnel to determine that the required degrees of compaction are being achieved. We recommend that a minimum of one compaction test per 2,000-square-foot area be performed for each lift of controlled fill. The elevation and location of the tests should be clearly identified at the time of fill placement. Areas which fail to achieve the required degree of compaction should be re -worked until the specified degree of compaction is achieved. Failing test areas may require. moisture,I w 7:;F adjustments or other remedial activities in order to achieve the required compaction.) "' ., '. "' / "`"ice JUL 2 4 2012 7 I BY: Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 Fill materials should not be placed on frozen, frost -heaved, and/or soils which have been recently subjected to precipitation. Wet or frozen soils should be removed prior to the continuation of site grading and fill placement. Borrow fill materials, if required, should not contain excessively wet or frozen materials at the time of placement. Additionally, if grading operations occur during the winter months, frost -heaved soils should be removed prior to placement of engineered fill, granular sub -base materials, foundation or slab concrete, and asphalt pavement materials. If problems are encountered during the site grading operations, or if the actual site conditions differ from those encountered during our subsurface exploration, the geotechnical engineer should be notified immediately. 5.3 Foundations Recommendations Provided the subgrade preparation and earthwork operations are completed in strict accordance with the recommendations of this report, the proposed support structures can be supported on conventional shallow foundations bearing on approved natural materials and/or properly compacted fill. We recommended a net allowable design soil bearing pressure of 3,000 psf for proportioning continuous and isolated column footings. To reduce the possibility of foundation bearing failure and excessive settlement due to local shear or "punching" failures, we recommend that continuous footings have a minimum width of 18 inches and that isolated column footings have a minimum lateral dimension of 30 inches. Furthermore, footings should bear at a depth to provide adequate frost cover protection. For this region, we recommend the bearing elevation be a minimum depth of 18 inches below the finished exterior grade or in accordance with the local building code requirements. Once structural loads and site grades are established, we request that they be provided to us to review our recommendations and make any necessary changes. The net allowable soil bearing pressure refers to that pressure which may be transmitted to the foundation bearing soils in excess of the final minimum surrounding overburden pressure. The final footing elevation should be evaluated by ECS personnel to verify that the bearing soils are capable of supporting the recommended net allowable bearing pressure and are adequate for foundation construction. These evaluations should include visual observations, hand rod probing, and dynamic cone penetrometer (ASTM STP 399) testing, or other methods deemed appropriate by the geotechnical engineer at the time of construction, in each column footing excavation and at intervals not greater than 20 feet in continuous footing excavations. The settlement of a structure is a function of the compressibility of the bearing materials, bearing pressure, actual structural loads, fill depths, and the bearing elevation of footings with respect to the final ground surface elevation. Estimates of settlement for foundations bearing on engineered or non -engineered fills are strongly dependent on the quality of fill placed. Factors which may affect the quality of fill include maximum loose lift thickness of the fills placed and the amount of compactive effort placed on each lift. Provided that the recommendations outlined in this report are strictly adhered to, we expect that total settlements for the proposed construction are expected to be in the range of 1 inch or less, while the differential settlement will be approximately 112 of the anticipated total settlement. This evaluation is based on our engineering experience and assumed structural loadings for this type of structure, and is intended to aid the structural engineer with his design. n Report of Subsurface Exploration and Geotechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 Exposure to the environment may weaken the soils at the foundation bearing elevation if the foundation excavations remain exposed during periods of inclement weather. Therefore, foundation concrete should be placed the same day that proper excavation is achieved and the design bearing pressure verified. If the bearing soils area softened by surface water absorption or exposure to the environment, the softened soils must be removed from the foundation excavation bottom immediately prior to placement of concrete. If the excavation must remain open overnight, or if inclement weather becomes imminent while the bearing soils are exposed, we recommend that a 2 to 3 inch thick "mud -mat" of 'lean" concrete be placed over the exposed bearing soils before the placement of reinforcing steel. 5.4 Floor Slab Design Provide a suitable subgrade will be prepared as recommended herein, ground level slabs can be designed as slabs -on -grade. Our findings indicate that a modulus of subgrade reaction (ks) of 150 pci is appropriate for design provided that upper 12 inches of the slab subgrade soils have been uniformly compacted to at least 98 percent of their standard Proctor maximum dry density and are unyielding during proofrolling. We recommend that slabs -on -grade be isolated from the foundations so that potential, differential settlement of the structure will not induce shear stresses in the floor slab. Also, to minimize the crack width of any shrinkage cracks that may develop near the surface of the slab, wire mesh reinforcement may be included in the slab design. The mesh should be located in the top third of the slab to be effective. We also recommend that slabs -on -grade be underlain by a minimum of 6 inches of open graded aggregate to help prevent the capillary rise of subsurface moisture from adversely affecting the slab. If open graded aggregate is not available, clean sand with less than 3 percent fines can be used provided the placement and compaction of the sand complies with the above recommendations. If floor covering such as tile or carpet will be utilized for interior finishes, a polyethylene vapor barrier may be used beneath the floor slab for moisture control considerations. 5.5 Lateral Earth Pressures Any below -grade or retaining walls utilized for this project should be designed to withstand the lateral earth pressures and hydrostatic pressure exerted upon them. In the design of below - grade retaining walls to restrain compacted sandy engineered fill or sandy in -situ natural soils, the following soil parameters can be utilized: • Internal friction angle of 300 • Saturated unit weight of 120 pcf • At -Rest State, earth pressure coefficient (Ka) of 0.50 for the sands • Active State, earth pressure coefficient (Ka) of 0.33 for the sands Passive State, earth pressure coefficient (K.) of 3.00 for the sands • Friction factor, f = 0.35 LJUL 2 4 7012 9 BY:._---- Report of Subsurface Exploration and Geolechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22,17609 For wall conditions where wall movement cannot be tolerated or where the wall is restrained at the top, the "At Rest" earth pressure should be used. For wall conditions where outward wall movement in the range of 1/2 to 1 percent of the wall height can be tolerated, the "Active" earth pressure should be used. In evaluating the resistance of soil to lateral loads imposed by structures, the "Passive" earth pressure should be used. Please note that the full development of passive pressure requires deflections toward the soil mass on the order of 1 to 4 percent of the wall height. Furthermore, the passive contribution within the zone of frost penetration (12 inches) should be neglected. The type of retaining wall used should be carefully selected considering adjacent areas and construction. Irrespective of the retaining wall system chosen, we recommend that the design of the new retaining walls consider their global stability. We recommend that the global factor of safety should be at least 1.5. Other factors of safety shall be as follows: Factor of Safety against Sliding > 1.5 Factor of Safety against Overturning > 2.0 Factor of Safety against Bearing Capacity Failure > 2.0 5.6 Excavation Considerations All areas of excavation should meet the requirements of the most current Occupational Safety and Health Administration (OSHA) 29 CFR Part 1926, "Occupational Safety and Health Standards=Excavations". The type of excavation support system should be carefully considered based upon the construction and design requirements for the project. The design of excavation support systems is beyond the scope of this exploration. Excavation safety should be the sole responsibility of the contractor and their subcontractors. 5.7 Pavement Design Considerations For the design and construction of exterior pavements, the subgrades should be prepared in strict accordance with the recommendations in the "Subgrade Preparation" and "Engineered Fill Placement" sections of this report. An important consideration with the design and construction of pavements is surface and subsurface drainage. Where standing water develops, either on the pavement surface or within the base course layer, softening of the subgrade and other problems related to the deterioration of the pavement can be expected. Furthermore, good drainage should minimize the possibility of the subgrade materials becoming saturated during the normal service period of the pavement. ECS recommends a light duty flexible pavement section of 2 inches of surface SF9.5 mix overlying at least 6 inches of compacted ABC stone in the parking and drive aisle areas. For a heavy duty flexible pavement section, ECS recommends 3 inches of surface SF9.5 mix overlying at least 6 inches of compacted graded aggregate base in the parking and roadway areas. For a light to medium duty rigid pavement section, we recommend 6 inches of 650 psi flexible strength concrete overlying at least 6 inches of compacted ABC stone in the roadway areas. 10 Report of Subsurface Exploration and Geolechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 Regardless of the section and type of construction utilized, saturation of the subgrade materials and asphalt pavement areas results in a softening of the subgrade material and shortened life span for the pavement. Therefore, we recommend that both the surface and subsurface materials for the pavement be properly graded to enhance surface and subgrade drainage. By quickly removing surface and subsurface water, softening of the subgrade can be reduced and the performance of the parking area can be improved. Site preparation for the parking areas should be similar to that for the building area including stripping, proofrolling, and the placement of compacted structural fill. Please note that large, front -loading trash dumpsters frequently impose concentrated front - wheel loads on pavements during loading. This type of loading typically results in rutting of bituminous pavements and ultimately pavement failures and costly repairs. Consequently, we recommend the use of an 8 inch thick, mesh reinforced concrete slab that extends the entire length of the truck. Concrete pavements should be properly jointed and reinforced as needed to help reduce the potential for cracking and to permit proper load transfer. 5.8 Site Drainaoe Positive drainage should be provided around the perimeter of the structure to help minimize the potential for moisture infiltration into the foundation and slab subgrade soils. We recommend that landscaped areas adjacent to these structures be sloped away from the construction and maintain a fall of at least 6 inches for the first 10 feet outward from the structures. Roof water should be discharged directly into below -grade stormwater piping or be directed a sufficient distance away from the building with downspouts. The parking lots, sidewalks, and any other paved areas should also be sloped to divert surface water away from the proposed building. The proper diversion of surface water during site grading and construction will help reduce the potential for delays associated with periods of inclement weather. The proper diversion of surface water is especially critical since portions of the site soils are expected to be moisture sensitive. Based upon our past experience, the use of "crowning" large areas of exposed soils should be useful to help divert surface water from the prepared subgrades. 5.9 Construction Considerations It is imperative to maintain good site drainage during earthwork operations to help maintain the integrity of the surface soils. The surface of the site should be kept properly graded to enhance drainage of surface water away from the proposed construction areas during the earthwork phase of this project. We recommend that surface drainage be diverted away from the proposed building and pavements areas without significantly interrupting its flow. Other practices would involve sealing the exposed soils daily with a smooth -drum roller at the end of the day's work to reduce the potential for infiltration of surface water into the exposed soils. 11 JUL 2 4 2012 BY: Report of Subsurface Exploration and Geolechnical Engineering Evaluation Taco Bell Sneads Ferry, Onslow County, North Carolina ECS Project No.: 22.17609 6.0 CLOSING Our geotechnical evaluation of the site has been based on our understanding of the site, the project information provided to us, and the data obtained during our exploration. The general subsurface conditions utilized in our evaluations have been based on interpolation of subsurface data between the soundings. If the project information provided to us is changed, please contact us so that our recommendations can be reviewed and appropriate revisions provided, if necessary. The discovery of any site or subsurface conditions during construction which deviate from the data outlined in this exploration should be reported to us for our review, evaluation and revision of our recommendations, if necessary. The assessment of site environmental conditions for the presence of pollutants in the soil and groundwater of the site is beyond the scope of this geotechnical exploration. 13 APPENDICES JUL 2 4 2012 N_ �i� 1 f L�e=;ev �y rL .�`� �.. �. ✓i :i,Q •+Y�.y�. .�I -. t"� QF-. ^ _1 . ♦ .__ -. .„ice • IR I\ i ^ R � Sri '�0.. •""AGT��":. AY"�•Rn"�'c � �{ +t. 1 °nL,.°.t.'Ye`,to� f I � ` Rom. �-r+.,♦ �{ r 'l• q�{ v I� ice'. ^' .J 4'���•�.•;iA sy.Y�`��� Yi \ f:��.(� !• r v. J ------------- cp O { ��r Iil f'9 �I .+'. � fiti0ir •�r{R � i f �ti ,�7� ' dr•a, 1 n� �1 t�.� .lp�� ' n 1•[q ! �� fit;+ 'CAIIa"�W,iy.* `f, !. 2+'A11 t Ar 1C K^ �• Q. 1 R 1 � / '� 1 ai Y riY. ITR• � f. "..' l a S N _ � ��, v � � ` �: 1mmm13r t {ram►} R n• ��+�—e �,. 1� � ' .� t �. a: � y��cgtl a lM l0 i a e •.:.a �t i { ","•�..,.'.ye ' ��•' r t � � 1f ti, T O M a IA 4' y R a n • r y W Q r •4 �• �•f' �� L z ` 1 R• II EXPLORATION wEee& TACO BELL DRA FTS/AAN LOCATION MAP wee �CE11 V FP.J REVISIONS, p y?�'--�� _—_ - Sneads Ferry, NC . REFERENCE NOTES FOR CONE PENETRATION TEST (CPT) SOUNDINGS In the CPT sounding procedure (ASTM-D-5778), an electronically instrumented cone penetrometer is hydraulically advanced through soil to measure point resistance (q j, Pore water pressure (U2), and sleeve friction (fs). These values are recorded continuously as the cone is pushed to the desired depth. CPT data is corrected for depth and used to estimate soil classifications and intrinsic soil parameters such as angle of internal friction, preconsolidation pressure, and undrained shear strength. The graphs below represent one of the accepted methods of CPT soil behavior classification (Robertson, 1990). Qr •, 4A 0.0 12 all 1. Sensitive, Fine Grained 6. Clean Sands to Silty Sands 2. Organic Soils -Peat 7. Gravelly Sand to Sand 3. Clays; Clay to Silly Clay 8. Very Stiff Sand to Clayey Sand 4. Clayey Silt to Silty Clay 9. Very Stiff Fine Grained 5. Silty Sand to Sandy Silt The following table presents a correlation of corrected cone tip resistance (qc) to soil consistency or relative density. Corrected Cone Tip Resistance (gc)(tsf) Relative Density Corrected Cone Ti Relative Resistance c tsp 1q )( Density _ <20 20-40 Ve Loose Loose <5 Very Soft 5-10 Soh 40.120 Medium Dense 10-15 Firm_ -- 120-200 Dense 15.30 _ --- 30-45 Stiff _ Very Stiff_ <200 Very Dense r�� 45-60 _�� Hard <60 Ve Hard a`Uf'-T JUL 2 4 zulz '—' Taco Bell - Sneads Ferry Operator Cory _Robison___ Cone Number DSG1156 _ CAMOLOMAO Job Number 22.17609 Data and Tim4l13I2012 2:01:08 PM Water Table 5.77 It = CPT DATA F a 0 Vj n Tip Resistance _- Local Friction Pore Pressure Location Sneads Fenv, North Carolina Hole Number S_1 County Onslow Ir 0 p=a SPi N' I +. ,! I I I �l i h1 I•+ I I I I I I I I I I I I �' 1 1 I I I i I Iflltlfll!i I till I t�1r,f.�ill IISffllifilln 10 i� I If111111!II I I !! I I I II 20 i—I—i---*-- ._L.—I—----;—.'- I l l i l l I I I I I ! I I I I I I I I I I) illl(llllii Illlllllli 1� I I+ I. I I I I I I I� I I �Illlllllil I I I I I I ! I I i! I I l li!!li:lll 15 I I+ 11 l l l l il� illllll REMARKS 1 - sensitive fine grained ■ 4 - silty clay to clay ■ 7 - silty sand to sandy silt ■ 10 - gravally sand to sand I 2 - organic material ■ 5 - clayey silt to silty clay 8 - sand to Silty santl ■ 11 -vary still fine grained ■ 3 - clay 0 6 - sandy silt to clayey silt o 9 - sand ■ 12 • sand to clayey sand f'1 I I 1 Taco Bell - Sneads Ferry L41S'1' Operator _ Cory Robison Cone Number DSG1156 Job Number 22-17609 Date and Tim411312012 2,31:2 rC.�'.1Ri'LL6.B?ilidrr7 2 PM Water Table_ 6.61ft Location Sneads Ferry, North Carolina Hole Number_ g.2 County —_ Onslow I CPT DATA o a _� a w REMARKS pw 4= Tip Resistance Local Friction Pore Pressure SPT N' W 0- j 0 I 1 1 350 10 . Fs TSF 41-6 low+PSI 1010 60°/ Hammer 60 . � m � _ ' • I' i I � � I i� I I I I � �I IIII __ ! r/ i i i 'ilt j:lll I I I ll I l i t I I I I I I I'111ldljll I 10 I I l i I i Ili I I i l I i I i I I I 1' el.r l,. III I 20 4---;---- II ' I I I� I ' I I I ' 'Ill lull iA ' I 1 1 1 1 I i I I I IIIII!I1111 N i t !� I I I 1 I Illlllllll: O l i l� i l! I I � I � l Illlllil'I! 2 5 LI I! l I l I j IIIIi,llll � _ I I I 'Iilililll 1 - sensitive fine grained ■ 4 - siltyclay to clay ■ 7. silty sand to sandy silt ■ 10 • gravelly sand to sand • 2 - organic material ■ 5 - clayey silt to silty clay 6 • sand to sit sand b ■ 11 •very stiff floe grained (•) 11113. clay 8 6 - sandy silt to clayey silt d 9 - sand M 12 - sand to clayey sand f•I ba Major Division Group Symbol f .e E Unified Soil Classification System (ASTM Designation D-2487) Typical Names GW o I Well -graded gravels and gravel - sand mixtures, little or no fines GP Poorly graded gravels and gravel. sand mixtures, little or no fines GM Silty gravels, gravel -sand -silt mixtures GC Clavey gravels, gravel -sand -clay mixtures SW Well -graded sands and gravelly sands, little or no fines SP Poorly graded sands and gravelly sands, little or no fines :o L SM Silty sands, sand -silt mixtures SC Clayey sands, sand -clay mixtures ML Inorganic silts, very fine sands, rock flour, silty or clayey fine sands CL Inorganic clays of low to medium r Plasticity, gravelly clays, sandy clays, silty clays, lean clays D)- Organic sills and organic silty GY clays of low plasticity e u MH Inorganic silts, micaceous or <p ` diatomaceous fine sands or silts, elastic sills CH Inorganic cla •s f h' I h ' y, gI P ast culy, tut clays Oil Organic clays of medium to high plasticity Highly organic soils PI Peal, muck and other highly organic soils Imo_-------�_— ,—.� }i t rl _ LLP_ F6 GROlIMS. LiP Classification Criteria t c� y C. = Deg iDlo Greater than 4 e E Cr = (D,a)cNDtux Dra) Between I and 3 j e v V ` 2 Not meeting both criteria For GW G V VI v G u� u ,� c Anerberg limits plot below "A" line or .c plasticity index less than 4 nu ? 3 3'e c� Atlerberg limits plot above "A" line � and plasticity index greater than 7 u C„ = D„rJDte Greater than G o C, = (Dra)-i(DioxDW) Between I and 3 vze aa z Not meeting both criteria for SSWvy �� ' Anerberg limits plot below "A' line or g plasticity index less than 4 Anerberg limits plot above "A" line and plasticity index greater than 7 so, t/ lwc repnrmr rpporwrlc uppe Wm pt Ll. ud PI mmEmalxwt br moat aa le��alh dnmumral ASIM.DNBr .. r y Y. M A D W •A i�0 IWDLRIn,II Plaslicny' clean for the classifiralion of f me -grained soils. Tests made On fraction finer than No. 40 sieve Fibrous organic matter; will char, bum, or glow UNIFIED SOIL CLASSIFICATION SYSTEM Infiltration Testing Form Taco Bell Site Sneads Ferry, Onslow County, North Carolina ECS Project No. 22.17609 April 13, 2012 Location Depth I-1 0-18" 18" - 22" 22"1 - 48" 48" - 60" Soil Description Gray fine SAND Black silty SAND (pan) Tan/brown fine SAND Tan/orange clayey SAND Seasonal High Water Table was estimated to be at 30 inches below the existing grade elevation. Infiltration Rate: 10.5 inches per hour Test was conducted at 10 inches below existing grade elevation Groundwater was encountered at 48 inches below the existing grade elevation. Location Depth 1-2 0-12" 12" - 48" 48" - 60" Soil Description Gray fine SAND Tan/brown fine SAND Tan/orange clayey SAND Seasonal High Water Table was estimated to be at 30 inches below the existing grade elevation. Infiltration Rate: 12.1 inches per hour Test was conducted at 10 inches below existing grade elevation Groundwater was encountered at 48 inches below the existing grade elevation. JUL 2 4 Z012 BY: General Conditions The analysis, conclusions, and recommendations submitted in this report are based on the exploration previously outlined and the data collected at the points shown on the attached location plan. This report does not reflect specific variations that may occur between test locations. The soundings were located at the requested locations selected by the client where site conditions permitted and where it is believed representative conditions occur, but the full nature and extent of variations between soundings and of subsurface conditions not encountered by any sounding may not become evident until the course of construction. If variations become evident at any time before or during the course of construction, it will be necessary to make a re-evaluation of the conclusions and recommendations of this report and further exploration, observation, and/or testing may be required. This report has been prepared in accordance with generally accepted soil and foundation engineering practices and makes no other warranties, either expressed or implied, as to the professional advice under the terms of our agreement and included in this report. The recommendations contained herein are made with the understanding that the contract documents between the owner and foundation or earthwork contractor or between the owner and the general contractor and the foundation, excavating and earthwork subcontractors, if any, shall require that the contractor certify that all work in connection with foundations, compacted fills and other elements of the foundation or other support components are in place at the locations, with proper dimensions and plumb, as shown on the plans and specifications for the project. Further, it is understood the contract documents will specify that the contractor will, upon becoming aware of apparent or latent subsurface conditions differing from those disclosed by the original soil exploration work, promptly notify the owner, both verbally to permit immediate verification of the change, and in writing, as to the nature and extent of the differing conditions and that no claim by the contractor for any conditions differing from those anticipated in the plans and specifications and disclosed by the soil studies will be allowed under the contract unless the contractor has so notified the owner both verbally and in writing, as required above, of such changed conditions. The owner will, in turn, promptly notify this firm of the existence of such unanticipated conditions and will authorize such further exploration as may be required to properly evaluate these conditions. Further, it is understood that any specific recommendations made in this report as to on -site construction review by this firm will be authorized and funds and facilities for such review will be provided at the times recommended if we are to be held responsible for the design recommendations. RECEIVED JUL 2 4 2012 BY:�_ CA201110901100 SOSID: 0580871 Date Filed: 4/19/2011 8:38:00 AM LIMITED LIABILITY COMPANY ANNUAL Elaine F. Marshall North Carolina Secretary of State 0 CA201110901100 NAME OF LIMITED LIABILITY COMPANY: R & S Matthews Properties, LLC SECRETARY OF STATE ID NUMBER: 0590871 REPORT FOR THE YEAR: 2011 SECTION A: 1. NAME OF REGISTERED AGENT: Ronnie B. Matthews 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY STATE OF FORMATION: NC FWM Dais U. Ora/ ® Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 10191 Ramsey Street PO Box 87886 Unden, NC 28356 Cumberland SECTION B: 1. DESCRIPTION OF NATURE OF BUSINESS: real estate Fayetteville, NC 28304 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 323.9700 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 10191 Ranvey Street Linden, NC 28356 Cumberland S. PRINCIPAL OFFICE MAILING ADDRESS PO Box 87886 Fayetteville, NC 28304 SECTION C: MANAGERSIMEMBERSIORGANIZERS (Enter additional Managers/Members/Organizers in Section E.) NAME: Ronnie B Matthews NAME: TITLE: Manager ADDRESS: 10191 Ramsey Street Linden, NC 28356 TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT, Section D must be completed In its entirety by a person/business entity. bIGNATURE Form mint be epnad by a ManvWMembm eatN under Section C of Via /arm. �/, - lit DATE bllnit W.Mk4Ae(jS memlea Prtnt or Type Name of M•nAW/Mambr TrYLE THIS ENTITY DOES NOT QUALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTION GRANTED UNDER SL2010J1SURMrT THIS ANNUAL REPORT WTH THE REQUIRED FILING FEE OF S2W IIII I IIIIII III I III III--- _ Mk L TO: Sarnhry cf Shb, Corporaaona DNubn, Poet O1%w Sa[ 2M, RMayrn. NC 27925 JUL 2 4 2012 Bv: Delaware PAGE 1 The First State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "CNLR GP CORP.", CHANGING ITS NAME FROM "CNLR GP CORP." TO "NNN GP CORP.", FILED IN THIS OFFICE ON THE TWENTIETH DAY OF OCTOBER, A.D. 2006, AT 9:12 O'CLOCK A.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 3212374 9100 060963642 Harriet Smith Windsor, Secretary or State AUTHENTICATION: 5131795 DATE: 10-20-06 Delaware PAGE 1 qhe ,first State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THAT THE SAID "CNLR GP CORP.", FILED A CERTIFICATE OF AMENDMENT, CHANGING ITS NAME TO "NNN GP CORP.", THE TWENTIETH DAY OF OCTOBER, A.D. 2006, AT 9:12 O'CLOCK A.M. 3212374 8320 060964619 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 5132106 DATE: 10-20-06 Delaware PAGE 1 The First State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "NNN GP CORP." IS DULY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE TWENTIETH DAY OF OCTOBER, A.D. 2006. AND I DO HEREBY FURTHER CERTIFY THAT THE FRANCHISE TAXES HAVE BEEN PAID TO DATE, AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL REPORTS HAVE BEEN FILED TO DATE. AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "NNN GP CORP." WAS INCORPORATED ON THE FOURTEENTH DAY OF APRIL, A.D. 2000. 3212374 8300 060963642 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 5131796 DATE: 10-20-06 10/17/2006 09:49 9544760158 CT CORPORATION PAGE 03/03 CERTIFICATE OF AMENDMENT OF ERTIFICATE OF INCORPORATION CNLR GP CORP. This Certificate of Amendment (the "Amendment") dated October 15 , 2006, is entered into with respect to the Certificate of Incorporation of CNLR GP CORP., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the "Corporation"). The Corporation hereby certifies as follows: RECITALS FIRST: The name of the Corporation is CNLR GP Corp. The date of filing of its original Certificate of Incorporation with the Secretary of State of the State of Delaware was April 14, 2000, SECOND: That the sole Shareholder and the Board of Directors (the 'Board") of said Corporation, by unanimous written consents filed with the minutes of the Board, adopted a resolution proposing and declaring advisable the following amendment to the Certificate of Incorporation of said Corporation: RESOLVED, that the Certificate of Incorporation of CNLR GP Corp. be . amended by changing the First Article thereof so that, as amended, said Article shall be and read as follows: FIRST: The name of the corporation shell be NNN GP Corp. THIRD: That the aforesaid Amendment was duly adopted in accordance with the applicable provisions of sections 141(f) and 228 of the General Corporation Law of the State of Delaware. IN WITNESS WHEREOF, the President and Secretary of the corporation have executed this Certificate of Amendment as of the day and year first written ve. J ian E. Whitehurst, Zresid Christopher P. Tessitore, Secretary State of Delawaxe Secretary of State Division of Corporations Delivered 09:22 AM 1012012006 FZLED 09:12 AM 1012012006 SIN 060963642 - 3212374 FILE 4944-8301-7217.1 Ep S�AT�E-�S Elm klc� 1W veorelary oo wlale' toliie 9lale a/ 7oarneana' . 046 /%vev''' (we",* 1%al a copy of Partnership Registration document(s) of COMMERCIAL NET LEASE REALTY, LP Formed under the laws of DELAWARE, Whose principal place of business is ORLANDO, FLORIDA, Was filed and registered in this Office on August 08, 2006 at 12:23 p.m. J� lefk'mony mlw*eol ' A+ p lee"unlo aee m� hand and mined lice ,deal 96ny ®I'cre Io se a�`rzed al l/ee �lr� a��alon ✓Caine on, August 8, 2006 ABA 36244364L wearelamy olvlale CERTIFICATE SS 102 PRMTEO SEAL (Rev. 07M) Aug 8 2006 12:23 JAN-04-1996 02:26 P.02/02 W. Fox MGKalthen 4eemtary of state CHECK ONE: OF REG s-rATEMENTND OF FOREIGN PAIRTN RSHip(FtAT10N (R S, %3422) Fonlgn parbterehip R•turn to: Cerrime 04 111vlalon p.0. Box 94125 Enree• S150.00 till ab a to Baton Rouge, LA 70604.9125 Make remittance pay Phone (226) 9254-1-0-41-.',_'_�r %• r•taltr of State Weh Sltn� WNnN.i➢1�X�••�" ()a Original Filing ( ) Amendment Cammeaeial Net Lease Reslry, LP SECRETARY OF STATE Curtent Name of Partnership: Previous Name of PeMership: Organized under the laws Of: Delaware Stne CAunIY Tanitery Prov nw or cammonwealet 450 South On"8e Avenue, Suim 900, Orlando, Florida 31.801 Municipal address of principal place of business.outside Louisiana Municipal address of principal place of business in Louisiana rtrr>, 8550 United Plsaa Boulevard, Bann Rouge, Louiaians 70809 C T Corporation Sys erd for service of process who must reaitle In Louisiana Name and municipal address of ag Orlando, Florida 32801 CNLR GP aDelawsm Ain South Orantte Avenue, Smote of al least Name end municipal address e partnership name? Does the partnership intend to own immovable property in Louisiana in th Are any of the partners to have limited liability recognized in Louisiana? (() Yes () No The Partnership's federal tax identification number: 59.3651850 one general partner who gives consent under R-S. 9:34Z4 (14yes ()No personally me, undersigned Notary Public in and for Florida Orange County FaryeNCounry stoic who attar being duly sworn, did depose and say UXIL�came d appeared Sul s• that e a gen I paMer in t ova named partnership, that the information stated herein s true and correct an th he a 1 o the Inforriletion in this statement. tloar as General 0 , P -r Partm:r Dale Nolan ,�NUrt lbU Slpn not Genud Penner 1p Ipresieent of GP) ant, �} .�sN�W���rahlp Pursuant to R.S.9:3422 the artnes hi partnership/amendment partnership agree shall not b P��'^ However, by registering the partnership, the partnership agrees to turn sh v�v +r. to the Secretary of State withln thirty (30) days of his written request. pn. w.wN.n. nnrwal soar�no ass. a.av-nnw.eTsw.e�ann. FROM CORPORATION TRUST WILM. TE:#2 (TUE) 1. 11' OS 16:08( 16:06�N0. 4�63796969 P 3 t uvm vvut vtuu tin .Hunt utura. tl;. . RL ltVW .. 11 VJ IJ. J7/t11- 1J. JU/11 . YOU 17UIJJ 1 L $CATS G¢ rYl 9earehAzy of Staa6e ,mvieicm of Gospessktaos Oslivered 01:58 EV 01/11/2005 YTUD 01:58 ➢x 0111112005 SRV 050024095 - 3910524 FZZ CERTIFICATE OF LI14= PARTNERSECEP Du CONMERCLIL NET LEASE REALTY. LP 711e 1mdetbigsred, desilcEng to form a limited Datbtership ptnmiant to the Ddawwr Remed Umform Limited Pagam tip Act, 6 Delaware Code, Ompter 17, does heaeby rer* as follows: 1. The name of the limited parhaersWp is Comarcrdal Net Lessee Realty, LP (the "Limited PesrmetsWP'). 2. The address of the registered office ofthe Limited Partnership in Ddawste is 1209 Orange Stroat, Wilmington, DE 19801. Cenmty ofNew Castles The ivaited Partne, sh is registered agent at that adds is 74te Corporadon Trost Company. I The name and address of the sple general partner erfthe Limited Partorsship is: CNL.R OP Corp. 450 South Orango Avenue Orlando, FL 32801 IN WITNESS WREMF, the tmdasipwd, beiagthe sole general partaex of the Limited Patmeia1u% bas exec this Catifiwte of Limited Fartumbtp of Commercial Net Lem Realty, LP on the i l to day of January, 2005. CNLR GP Corp., the General Partner ILA •:.. " 19 }.:11 FRCM CT WILMINGTON - 302_655_4236 GROUP 6 (MON)1'0. ��20 9:09/ST. 9:000.4260103660 P 3 � 116W State of Delakg 83/03 "tart' of State ITZ20 Of CDXPQ Et1CCS L1liveaed 10:02 AN 1010212006 F= 10:02 Aid 1010212006 SRV 060902992 - .3920524 F= STATE OF DELAWARE AMENDMENT TQ TIIE CERTIFICATE OF . LIMITED PARTNERSHM The undersigned desiring to amend the Certificate of Limited Act A P Provisions of Section i 1-202 of the Revised Uniform limited P�Ahlf Pttr ct to the of the State of Delowmt, does hereby certify as follows; FIRST: The name of the Limited Pettnaship ie Cem1urckl Net Lc= Reatry, LP SECOND: Article ! of the Cam testa of Limited Pstt mhil) shell be amended as follows: ArtioL (:s 4ekted la Ire entirely and reakeed din s a in - _. ne 11MIDd Dever p it Nadow Rein IN WITNFSS WHEREOF, the tmdersign6d executed this Amendment to the Certificate of Limited Partnenhip on Us 25th day of September A.D.2006 . C,tF.A Co D•. a vela e t on are l Partncr(s) Nawo:_�^ fl. wnitae„aa, Ptwocst Print or Type =I'-yjan C 1", '"'. AGREEMENT OF LIMITED PARTNERSHIP OF COMMERCIAL NET LEASE REALTY, LP THIS AGREEMENT OF LIMITED PARTNERSHIP (this "Agreement') is made and entered into effective as of the // r9 day of January, 2005, by and among CNLR GP Corp. as the general partner of the Partnership (hereinafter referred to as the "General Partner") and CNLR LP Corp., as the limited partner (hereinafter referred to as the "Limited Partner"). The General Partner and the Limited Partner are hereinafter sometimes collectively referred to as the "Partners." The parties hereto desire to join together and form a limited partnership under and pursuant to Title 6, Chapter 17 of the Annotated Code of Delaware, known as the Delaware Revised Uniform Limited Partnership Act (hereinafter referred to as the "Act'), and other relevant laws of the State of Delaware, for the purposes and upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing, of the mutual promises set forth herein, and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending legally to be bound, hereby agree as follows: 1. Formation and Name of the Partnership. The parties to this Agreement hereby form a limited partnership (hereinafter referred to as the "Partnership") upon the terms, covenants and conditions hereinafter set forth. The name of the Partnership shall be Commercial Net Lease Realty, LP. 2. Principal Office and Registered Agent. The principal office and place of business of the Partnership shall be 450 South Orange Avenue, Suite 900, Orlando, Florida 32801-3336 or such other place as the General Partner from time to time may determine. The registered agent of the Partnership is The Corporation Trust Company, whose business address is 1209 Orange Street, Delaware 19801. 3. Name and Address of the Partners. The name, address and percentage of interest in the Partnership ("Percentage of Partnership Interest') of each Partner is set forth in Exhibit A attached hereto and made a part hereof. 4. Certificate of Limited Partnership. Concurrently with the execution hereof, the General Partner shall execute a Certificate of Limited Partnership (the "Certificate") containing the provisions required by the Act and such other provisions as the General Partner deems appropriate, and shall cause the Certificate to be duly filed of record in the manner and place provided in the Act. 5. Term of the Partnership. The term of the Partnership shall commence as of the date that the Certificate is filed of record with the Delaware Secretary of State and shall continue in existence in perpetuity, unless the Partnership is terminated sooner pursuant to any provision of this Agreement. Sc0.r\r�d fldte�oS 6. Business of the Partnership. The purpose and nature of the Partnership is to conduct any business, enterprise or activity permitted by or under the Act, including without limitation, as may be determined by the General Partner, (a) to conduct any business that may be lawfully conducted by a limited partnership organized pursuant to the Act, including without limitation, the ownership, construction, development and operation of rental real estate properties, and in connection therewith to sell or otherwise dispose of Partnership assets and acquire, own, construct, develop and operate rental real estate properties with the proceeds from any such sale or disposition, (b) to enter into any partnership, joint venture, business trust arrangement, limited liability company or other similar arrangement to engage in any business permitted by or under the Act, and to own interests in any entity engaged in any business permitted by or under the Act, (c) to conduct the business of the Partnership in a manner as part of, and in conjunction with, the business activities and in furtherance of the business purposes of Commercial Net Lease Realty, Inc., and (d) anything necessary or incidental to the foregoing; provided, however, such business and arrangements and interests shall be limited to and conducted in such a manner as to permit Commercial Net Lease Realty, Inc. at all times to be classified as a REIT, unless Commercial Net Lease Realty,, Inc. voluntarily, knowingly and intentionally terminates its REIT status by the action of its governing body. 7. Capital Contributions. (a) Each Partner shall contribute to the Partnership the amount set forth on Exhibit A attached hereto. (b) The General Partner shall arrange for the provision of such additional funds as the General Partner deems necessary or advisable for the Partnership business. Such additional funds may be in the form of a loan or loans to the Partnership from a General or Limited Partner or from any other person or entity, a capital contribution from an existing or additional General or Limited Partner, or otherwise; provided that, no General or Limited Partner shall be required to make any additional capital contribution or loan to the Partnership. (c) A capital account (which shall be a book account) shall be established and maintained for each Partner in a manner determined by the General Partner to be in compliance with Treasury Regulation section 1.704- 1 (b)(2)(iv), as amended. Loans to the Partnership by any Partner shall not be considered contributions to the capital of the Partnership. No Partner shall be entitled to withdraw any part of its capital account or capital contributions or to receive any distribution from the Partnership, except as provided in this Agreement. 8. Admission of Additional Partners. No additional General or Limited Partner may be admitted to the Partnership without the prior written consent of all the Partners. Each additional partner shall, upon its admission as a partner, execute a signature page to this Agreement and shall thereby be deemed to have adopted and agreed to be bound by all of the terms, provisions, and conditions of this Agreement 9. Accounting Matters and Tax Information. The General Partner shall keep or cause to be kept full and faithful books of account reflecting all of the Partnership's activities and -2- transactions. Said books of account shall be maintained at the principal place of business of the Partnership. Said books of account shall be available for inspection and the making of copies therefrom by any Limited Partner, or its representatives, at any reasonable time. The Partnership shall use the calendar year as its fiscal year, unless otherwise determined by the General Partner. The General Partner shall cause to be issued to each Partner any and all statements reasonably necessary for such Partner to prepare its federal and state income tax returns with respect to the income of the Partnership. 10. Mana eg ment. (a) Subject to the provisions of subparagraphs 10(b) and (c), the General Partner shall have exclusive charge and control over the management and operation of the business and property of the Partnership. The General Partner shall have all powers necessary to operate and conduct the Partnership business and to act on behalf of the Partnership in all matters relating to the Partnership business, including, without limitation, the power to lease, renovate, mortgage or otherwise encumber, exchange, sell or otherwise dispose of or transfer the assets of the Partnership. (b) The General Partner may not, without the consent of all Partners, take any of the following actions: (1) amend, modify or terminate this Agreement; (2) admit a Person as a Partner; (3) make a general assignment for the benefit of creditors or appoint or acquiesce in the appointment of a custodian, receiver or trustee for all or any part of the assets of the Partnership; (4) institute any proceeding for Bankruptcy on behalf of the Partnership; (5) sell, exchange, transfer or otherwise dispose of all or substantially all of the Partnership's assets in a single transaction or a series of related transactions (including by way of merger, consolidation or other combination with any other Person); (6) engage in any business unrelated to the Properties, or own any assets other than those related to the Properties or otherwise in furtherance of the purposes of the Partnership as set forth in paragraph 6; or (7) dissolve the Partnership. (c) The General Partner shall not have the authority to: (1) take any action in contravention of this Agreement or which would make it impossible to carry on the ordinary business of the Partnership; -3- (2) possess Partnership property, or assign any rights in specific Partnership property, for other than a Partnership purpose; (3) do any act in contravention of applicable law; or (4) perform any act that would subject a Limited Partner to liability as a general partner in any jurisdiction or any other liability except as provided herein or under the Act. (d) The General Partner shall be the Tax Matters Partner of the Partnership as provided in section 6231 of the Code. The Partnership shall reimburse the Tax Matters Partner for any expenses incurred by the Tax Matters Partner in connection with the performance of its duties as Tax Matters Partner. The General Partner shall have the power to make such elections under the tax laws of the United States, the several states and other relevant jurisdictions as to the treatment of items of Partnership income, gain, loss, deduction and credit, and to all other relevant matters, as it deems necessary or desirable. (e) To the fullest extent permitted by law, the Partnership shall indemnify the General Partner, and save and hold the General Partner harmless from and in respect of (i) all claims, actions, demands or threats thereof, against the Partnership or the General Partner which arise out of, or in any way relate to, the Partnership, its properties, business or affairs, and any losses or damages resulting therefrom, including amounts paid in settlement or compromise of any such claim, action, demand or threat thereof, and (ii) all fees, costs, and expenses, including reasonable attorneys' fees, incurred in connection with, or resulting from, any such claim, action, demand or threat thereof; provided, however, that this indemnification shall not extend to acts of fraud, willful misconduct or misrepresentation with respect to the General Partner. No Partner shall have any obligation to contribute to the capital of the Partnership or otherwise provide funds to enable the Partnership to fund its obligations under this subparagraph 10(f). 11. Reimbursement of Expenses. Any Partner who incurs out-of-pocket expenses on behalf of the Partnership in connection with the Partnership business shall be reimbursed by the Partnership for such expenses. 12. Authority and Liability of the Limited Partner. (a) The Limited Partner as such shall not take part in the conduct or control of the Partnership's business. (b) The liability of the Limited Partner for the debts and obligations of the Partnership shall be limited to the amount of the Limited Partner's capital contribution to the Partnership as stated in Exhibit A. (c) The Limited Partner shall not, in its capacity as a limited partner, have the right to (i) cause a dissolution and winding up of the Partnership by decree of court, (ii) have its capital contributions returned, or (iii) compel any sale or appraisal of the Partnership assets. 13. Dissolution or Bankruptcy of a Limited Partner. The dissolution or adjudication of bankruptcy of the Limited Partner shall not cause a dissolution of the Partnership. If any such -4- event shall occur with respect to the Limited Partner, the legal representative, successors or assigns of the Limited Partner shall be bound by all obligations of the Limited Partner under this Agreement. 14. Assignment of a Partner's Interest. Except with the consent of the General Partner, no Partner may sell, exchange, transfer, assign, encumber, pledge, hypothecate or otherwise dispose of all or any portion of his or its partnership interest. Any purported transfer of a partnership interest shall be null and void. 15. Election of New General Partner. (a) Upon the dissolution of the General Partner, or in the event that the General Partner shall (i) make a general assignment for the benefit of creditors, (ii) be adjudicated a bankrupt or insolvent, or (iii) file a voluntary petition in bankruptcy, or in the event there is an order for relief entered against the General Partner under the Federal Bankruptcy Code of 1978, as amended (or a similar order under a successor statute), the Partnership shall dissolve unless, within ninety (90) days after any such occurrence, the Limited Partner elects a new general partner (or general partners) and such new general partner agrees in writing to be bound by all of the terms, provisions, and conditions of this Agreement. The written consent of the Limited Partner, as owner of all of the remaining Partnership interests, shall be required to elect a new general partner and the new general partner shall have, as its general Partnership interest, such percentage interest as the Limited Partner may determine. The Certificate and Exhibit A hereto shall be duly amended to reflect such election of the new general partner. (b) Upon the occurrence of any of the events set forth in subparagraph (a) above, the General Partner with respect to whom such event has occurred shall forthwith cease to have any rights or powers as a general partner pursuant to this Agreement, and its general Partnership interest (including all rights to allocation of net profits, net losses, gain, Net Cash Flow and liquidation proceeds associated therewith) shall be transformed into a limited Partnership interest. 16. Profits and Losses. (a) The terms "net profits" and "net losses" of the Partnership shall mean the net income or net losses of the Partnership as determined for Federal income tax reporting purposes. (b) The net profits and net losses of the Partnership for each fiscal year shall be allocated among the Partners in proportion to their respective Percentages of Partnership Interest. (c) Notwithstanding anything to the contrary contained in this paragraph 16, the Partnership shall comply with Treasury Regulation section 1.704-2, as amended, with respect to the allocation of deductions and the chargeback of minimum gain on nonrecourse debts of the Partnership. (d) Notwithstanding anything to the contrary contained in this paragraph 16, no Partner shall be allocated a net loss which would cause or increase a deficit balance in its capital account in excess of any obligation of such Partner to restore deficits (as defined in Treas. Reg. section 1.704-1(b)(2)(ii)(c), as amended). If any Partner shall receive with respect to the -5- Partnership an adjustment, allocation or distribution in the nature described in Treasury Regulation section 1.704-1(b)(2)(ii)(d)(4)-(6), as amended, which causes or increases a deficit in such Partner's capital account, such Partner shall be allocated items of income and gain in an amount and manner as will eliminate such deficit balance as quickly as possible. It is intended that this subparagraph 16(d) shall constitute a "qualified income offset" within the meaning of Treasury Regulation section 1.704-1(b)(2)(ii)(d)(3), as amended. (e) Any allocations required pursuant to subparagraph 16(d) above shall be taken into account in allocating net profits and net losses pursuant to subparagraph 16(b) above, so that, to the extent possible, the cumulative amount of such allocations shall be equal to the cumulative amount that would have been allocated to each Partner if the allocations pursuant to subparagraph 16(d) above had not occurred. (0 Notwithstanding anything to the contrary contained in this paragraph 16, any portion of any income, gain, loss or deduction with respect to property contributed to the Partnership by a Partner shall be allocated among the Partners in accordance with Code section 704(c) and Treasury Regulation section 1.704-1(c), as amended, so as to take account of the variation, if any, between the adjusted tax basis of such property to the Partnership and its fair market value at the time of the contribution, provided, however, that allocations to Partners under this subparagraph 16(1) shall not affect a Partner's capital account to the extent such amounts have previously been reflected in such capital account. 17. Distribution of Net Cash Flow. (a) The General Partner shall cause to be made to the Partners, in accordance with subparagraph (c) below, annual distributions of the Partnership's Net Cash Flow, except such portion of the Net Cash Flow as the General Partner may determine to be necessary to be retained in the Partnership business; provided, however, that in the event of dissolution, all distributions shall be made pursuant to subparagraph 18(b) below. (b) For purposes of this Agreement, "Net Cash Flow" shall be computed on an annual basis with respect to each fiscal year of the Partnership and shall mean the excess, if any, for such period of all gross cash receipts of the Partnership (including operating receipts, financing proceeds, proceeds from the sale or other disposition of all or any portion of the Partnership assets, and the amount of any reserves previously set aside pursuant to subparagraph (a) above which are deemed by the General Partner to be available for distribution) over the sum of all cash expenses and charges of the Partnership for such period, including required payments on any indebtedness of the Partnership (including indebtedness to Partners), payment of expenses incurred in connection with any financing transaction or any sale or other disposition of all or any portion of the Partnership assets, and payment of any other business expense, including salaries expense, incurred in operating the Partnership business. (c) All distributions of Net Cash Flow pursuant to this paragraph 19 shall be made to the Partners in the same proportion as their respective Percentages of Partnership Interest. a Me 18. Dissolution and Winding Up of the Partnership. (a) The Partnership shall dissolve and be wound up upon the occurrence of any of the following events: (i) The expiration of the term of the Partnership. (ii) The sale or other disposition of all or substantially all of the assets of the Partnership. (iii) The occurrence of any event set forth in subparagraph 15(a) above unless the Partnership is continued as provided in subparagraph 15(a) above. (iv) All of the Partners shall elect in writing to dissolve the Partnership. (b) Upon the occurrence of any of the events described in subparagraph (a) above, the General Partner, or such other person as may be authorized by law, shall, as soon as practicable, wind up the affairs of the Partnership and sell and/or distribute the assets of the Partnership. The assets of the Partnership shall be used and/or distributed as follows:. (i) First, to pay liabilities to creditors of the Partnership, in the order of priority as provided by law, except liabilities to Partners on account of their capital contributions; (ii) Second, after allocations of net profits and net losses have been made pursuant to paragraph 16 above, to pay to the Partners the amounts of the remaining positive balances in their capital accounts (determined as of the date of such distribution); and (iii) Thereafter, to pay any balance remaining to the Partners in proportion to their respective Percentages of Partnership Interest. (c) The Partnership shall terminate when all assets of the Partnership have been sold and/or distributed and all affairs of the Partnership have been wound up. 19. Notices. Any notices required or permitted to be given pursuant to this Agreement shall be deemed given when actually delivered or when received after being mailed by prepaid certified or registered mail, sent by overnight courier or given by prepaid telegram, telex or cablegram addressed to the recipient at his address indicated on Exhibit A attached hereto. Such addresses may be changed by a written notice given in the manner provided in this paragraph 19. 20. Title to Partnership Property. Legal title to Partnership property shall at all times be held by and in the name of the Partnership. 21. Binding Nature of Agreement. The provisions of this Agreement shall be binding upon the executors, administrators, legal representatives, heirs, successors and assigns of the parties hereto. -7- 22. General Provisions. (a) This Agreement may be executed in counterparts, each one of which shall be deemed an original and all the counterparts together shall constitute one and the same Agreement. (b) The headings and captions herein are inserted solely for the purpose of convenience of reference and are not a part of and are not intended to govern, limit or aid in the construction of any term or provision hereof. (c) If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder hereof and the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. (d) This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Delaware. (e) Unless named in this Agreement, or unless admitted to the Partnership as a new or substituted General Partner or an additional Limited Partner, as provided in this Agreement, no person shall be considered a Partner. The Partnership and General Partner need deal only with persons so named or admitted as Partners, provided, however, that any distribution by the Partnership to a person shown on the Partnership records as a Partner or to its legal representatives, or to the assignee of the right to receive Partnership distributions as herein provided, shall acquit the Partnership and the General Partner of all liability to any other person who may be interested in such distribution by reason of any other assignment by the Partner or by reason of its dissolution, bankruptcy, or for any other reason. (f) When the context in which words are used in this Agreement indicates that such is the intent, words in the singular number shall include the plural and vice versa, and the masculine shall include the feminine and the neutral, and vice versa. (g) This Agreement may be amended from time to time by an instrument in writing signed by all of the Partners. [SIGNATURE PAGE FOLLOWS] IMM IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. GENERAL PARTNER: CNLR GP CORP. By: /�•/ Name: Kevin B. Habicht Title: Executive Vice President LIMITED PARTNER: CNLR LP CORP. By: /L ts' lb 4-�- Name: Kevin B. Habicht Title: Executive Vice President me Name and Address General Partner: CNLR GP Corp. 450 South Orange Avenue Suite 900 Orlando, Florida 32801-3336 Limited Partner: CNLR LP Corp. 450 South Orange Avenue Suite 900 Orlando, Florida 32801-3336 EXHIBIT A A-1 Capital Contribution $10.00 $990.00 Percentage of Partnership Interest 1% 99% EXECUTION COPY AGREEMENT FOR THE PURCHASE AND SALE OF ASSETS This Agreement for the Purchase and Sale of Assets (this "Agreement") is made and entered into this 17th day of March, 2014 (the "Effective Date") by and among Bell American Group LLC, a Delaware limited liability company ("Parent"), Bell Carolina LLC, a Delaware limited liability company (the "Buyer"), Family Foods, Inc., a North Carolina corporation, Taco Properties, Inc., a North Carolina corporation, RSM Foods, LLC, a North Carolina limited liability company, Sharon Matthews Living Trust dated 3/17/93, a trust established under the laws of North Carolina, and R & S Matthews Properties, LLC, a North Carolina limited liability company (collectively the "Seller") and the shareholders of Seller listed on the signature page hereto (the "Shareholders"). RECITALS WHEREAS, Seller is in the business (the "Business") of owning and operating Taco Bell and Taco Bell/Long John Silver's franchised restaurants, including the thirty-one (3 1) franchised restaurants in the State of North Carolina identified on Exhibit A attached hereto under the headings "Fee Site Restaurants" and "Leased Restaurants" (collectively, the "Restaurants"); WHEREAS, of the thirty-one (3 1) Restaurants, three (3) are at locations leased by Family Foods, Inc., one (1) is at a location leased by R&S Matthews Properties, Inc., one (1) is at a location owned by Sharon Matthews Living Trust dated 3/17/93, thirteen (13) are at locations owned by Taco Properties, Inc., ten (10) are at locations owned by R&S Matthews Properties, LLC, and three (3) are at locations owned by RSM Foods, LLC; WHEREAS, Seller has purchased and is developing the Fee Site located at 650 W. Corbett Ave., Swansboro, North Carolina (the "Corbett Relocation Site") at its sole cost to replace the Restaurant located at 674 W. Corbett Ave., Swansboro, North Carolina (Unit #19349) (the "Corbett Leased Site"); WHEREAS, Seller has entered into a Lease for the real property located at 305 S. Poplar Road, Elizabethtown, North Carolina (the "Elizabethtown Location"), and has entered into. a contract to acquire the real property (the "Murrayville Contract") located at N. College Rd., Murrayville, North Carolina (the "Murrayville Location"; the Murrayville Location and the Elizabethtown Location are each referred to herein as a "Site In Development" and collectively, the "Sites In Development"); WHEREAS, R&S Matthews Properties, LLC owns the corporate office space located at 609 Executive Place, Fayetteville, North Carolina (the "Office Lease Site") and leases the Office Lease Site to Family Foods, Inc. under the terms of the Lease for the Office Lease Site identified on Exhibit A hereto under the heading "Leased Office Site" (the "Office Lease"). WHEREAS, Family Foods, Inc. leases the training facility and the warehouse space located at 10191 Ramsey St., Linden, North Carolina (the "Warehouse") under the terms of the Lease for the Warehouse identified on Exhibit A hereto under the heading "Leased Warehouse" (the "Warehouse Lease"); DWT 23439627v 12 0096812-000013 EXHIBIT A REAL PROPERTY 0 FEE;,REAL PROPERTY 'a ' n��a , r+j W „S�,M # '`� i.. Y t,j"'3 Y`3txa •+v s'>.' LLr J �s. a .� ,S, S'i 7 "=y r# 5',4 ' FEESITE UR RESTAANTS � ,i' v t ia. l r } a UN1T a" h ,. r ' k ?„{ OWNER s rJry of y 1' i FEE 1 #2 *,.: 4 Y ix'4� `^b# ACQUISITION DATE., i V- �•�NO r y tr� cr NiP y„c , fi t r 7Y: 18. #024682 942 East Third St., Pembroke, NC 28372 R&S Matthews Properties February 13, 2008 19. 4024683 1058 W. Broad St., St. Pauls, NC 28384 Taco Properties November 19, 2007 20. 4026238 116 N. 4th Street, Spring Lake, NC 28390 R&S Matthews Properties December 18, 2006 21. #026845 1712 S.1K Powell Blvd, Whiteville, NC 28472 R&S Matthews Properties June 29, 2009 #027115; '4461 Mair St ;Shall6u6, NC'28470% R&S'Matthews Properties" 0061561,10101 14.11" ,:#028406, 97M6ge;Dc,;H6lly Ridge, NC 28445 R&S Matthews`. Properties' July 23; 2012 (Lot l) July 25, NI2 (Lot 2) 24 t#029329 ,..m !650gW!. . ett Avenue'. Swansboro'NC; R&S'Matthews i ropertie's' Qc[ol er 3 `2012' 28584'- ' 'This Fee Site for.Unit'#029329 will offset the :Lease Site Unit#0193499ocated at 674` W. Corbett Ave., Swarisboro ,NC28584`in. accordance'with the Purchase'Agreement 25, 4029330 4,422;S. 17th St:, Wilmington; NC.28412 RSM% Foods,. LLC;.-a North' Transferzed to R&$j Carolina' limited liability 'Matthews'on September'17 company ("RSM Foods"") 2dU and.to RSM Foods on. June 2& 2013� (26 #029347i J5972 CaroLna Deach Rd" Wilmtngton4NC; R&5 Matthews Properties; Octobe�r19;:2012 t284121- : � , L27. j'#029460; 17200 US;Hwy 17 iHampstead; NC28443 RSM,Foods: June 4, 2013 28. #029467 2055 Gum Branch Road, Jacksonville, NC RSM Foods May 21, 2013 28540 Y1, ♦ Yf r "FEEISITE IN,DEVELOPMENT MURRAYVILLE LOCATION 'iF �.,.. �.1 },v� .�vr— ^T�s, til s( )�- �7u.i� }.l�:ft Y' r Y k �C`„�.,t.., r..:1 �t �R��,iR.,.. �.'i:�� r^.:d:$f,r} A. vr: . s . ai.$r`}� a�.u} ..3..s,`f�+SJL` t'"iTwic c�wiT,.:i+• :.i r`�y�r':,lnL'�." i,f .2'-'.}rtc. �.='-..'a,. 29. N/A 2600 N. College Rd., Wilmington, NC 28412 N/A N/A -maicates a l:o-Branaea I aco Bell / Long John Silver's Restaurant DWT 23979936v5 0096812-000013 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT (this "Agreement') is made this 17th day of March, 2014 (the "Effective Date") by and between BELL CAROLINA LLC, a Delaware limited liability company, having a mailing address at 225 Bush Street, Suite 1800, San Francisco, California 94104 ("BELL C"), and NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership, having a mailing address at 450 South Orange Avenue, Suite 900, Orlando, Florida 32801, or its assigns ("NNN"). WITNESSETH: WHEREAS, FAMILY FOODS, INC., a North Carolina corporation, TACO PROPERTIES, INC., a North Carolina corporation, RSM FOODS, LLC, a North Carolina limited liability company, SHARON MATTHEWS LIVING TRUST dated 3/17/93, a Trust established under the laws of North Carolina and R&S MATTHEWS PROPERTIES, LLC, a North Carolina limited liability company (collectively, the "Seller"), as seller, and BELL C, as buyer, entered into that certain Agreement for the Purchase and Sale of Assets dated March 17, 2014, attached hereto as Exhibit "A" (the "Contract'), for the purchase of certain assets and real property more particularly described in the Contract, including those twenty-eight (28) parcels of real property and the improvements thereon being operated as Taco Bell or co -branded Taco Bell restaurants more particularly described on Exhibit "B" (individually a "Property" and collectively the "Properties"); and WHEREAS, BELL C wishes to assign and NNN wishes to assume the right to purchase the Properties as set forth in the Contract under the terms and conditions hereinafter stated. NOW, THEREFORE, in consideration of the above and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into and made a part of this Agreement. Purchase Price. At Closing (as hereinafter defined) NNN shall pay the purchase price under the Contract for the Properties, which is currently which purchase price is comprised of the individual purchase prices more particularly set forth on Exhibit "D". NNN shall have the right to reallocate the Purchase Price amongst each Property during the Inspection Period so long as the total Purchase Price remains unchanged and provided that BELL C approves such reallocation, such approval not to be unreasonably withheld or delayed by BELL C. Upon said reallocation NNN shall notify BELL C of the reallocated Purchase Price. Earnest Money Deposit. Not later than four (4) days following the date on which NNN shall receive a counterpart of this Agreement fully executed by NNN and BELL C, NNN shall deposit with First American Title Insurance Company located at 201 S. College St, Suite 1500, Charlotte, North Carolina 28244 (the "Escrow Agent' and/or "Title Company") an earnest money deposit in the amount of FIVE HUNDRED THOUSAND DWT 23609972v5 0096812-000015 EXHIBIT "B" LIST OF PROPERTIES NNTx ADDRESS F.EE OWNER DATEA4i c il�ACQUISITION � 4:r. k .,, �A • �•a9i.,: +'� ` , :iFv t}f c 1- . � Af . t. :� ` f, j4`!?C 19. 9024683 1058 W. Broad St., St. Pauls, NC 28384 Taco Properties November 19, 2007 20. 9026238 116 N. 4th Street, Spring Lake, NC 28390 R&S Matthews Properties December I8, 2006 21. 9026845 1712 S. JK Powell Blvd, Whiteville, NC 28472 R&S Matthews Properties June 29, 2009 22: f#0271it5 `4461 Malri'St `Shallo`tte; NG,28470' R&S,Matthews,Properties Octob6f l:, 2010 #028406; '97_Village,Dr HoIlyRidg6, NC,28445 R&S Ivlattfiaws Properties July23; 2012 (Lot l)` July 25,2012 (Lot 2)' a24 ' i;#029329 650 W ,Corbetf Avet ue:, Swagsboro;,NC R&S+Matthews ,Properties Oct6ber_3,:20129. • 28584? 25° #029330' '4422,S.1.7t} St;;Wilmington,NC28412 RSMF.00ds,,LLC,,alloith Transferredto:R&S , Carolina 'hmned liability, Matthews on'September 17, company("RSM Foods?') 2012`and`to�RSM Foods on June28 2013 i2Ar, #029347; °59,72 Caroliha�B6ichRdwWilmihi ton, NC R&S Matthews Properties Octobe '19,,201T al 2841f 27:1 #029460: 41,7200;US'Hwy4l7'Hampstead;NC 28443 RS141^Foods June 4 ,2013 28. #029467 2055 Gum Branch Road, Jacksonville, NC RSM Foods May 21, 2013 28540 DWT 23609972v4 0096812-000015 LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") is made and entered into effective as of the day of 2014, by and NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership (the "Landlord") and BELL CAROLINA LLC a Delaware limited liability company (the "Tenant"); WITNESSETH: WHEREAS, Landlord is the owner of fee simple title to certain real property located in the City of , County of State of North Carolina and described in Exhibit A attached hereto (the "Land") upon which a building has been constructed, together with related site improvements (the "Improvements"); the Land and the Improvements, together with all licenses, rights, privileges and easements appurtenant thereto, including, but not limited to ("Easements"), shall be collectively referred to herein as the "Premises"); and WHEREAS, Tenant desires to lease from Landlord, and Landlord has agreed to lease to Tenant, all of the Premises upon the terms and conditions as more particularly hereinafter provided and described; NOW, THEREFORE, for and in consideration of the premises hereof, the sums of money to be paid hereunder, and the mutual and reciprocal obligations undertaken herein, the parties hereto do hereby covenant, stipulate and agree as follows: ARTICLE 1 AGREEMENT TO LEASE Section 1.1 Demise. Landlord does hereby demise, let and lease unto Tenant, and Tenant does hereby hire, lease and take as Tenant from Landlord the entire Premises, upon those terms and conditions hereinafter set forth. Section 1.2 Condition. Tenant acknowledges and agrees that the Premises is and shall be leased by Landlord to Tenant in its present "AS IS" and "WHERE IS" condition, with all faults and any and all latent and patent defects, and without any representation or warranty whatsoever as to (a) fitness for any particular purpose, (b) merchantability, (c) design, (d) quality, (e) condition, (0 operation or income, (g) compliance with drawings or specifications, (h) absence of defects, (i) absence of hazardous or toxic substances, 0) absence of faults, (k) flooding, or (1) compliance with laws and regulations, including, without limitation, those relating to health, safety and the environment. Tenant acknowledges that Tenant shall be solely responsible for any and all actions, repairs, permits, approvals and costs required for the rehabilitation, renovation, use, occupancy and operation of the Premises in accordance with applicable governmental requirements, including, without limitation, all governmental charges and fees, if any, which may be due or payable to applicable authorities. Tenant agrees that, by leasing the Premises, Tenant warrants and represents that Tenant has examined and approved all things concerning the Premises which Tenant deems material to Tenant's leasing and use of the Premises, including without limitation, the physical, environmental, economic use, compliance and legal condition of the Premises. Tenant further acknowledges and agrees that (a) neither Landlord nor any agent of Landlord has made any representation or warranty, express or implied, concerning the Premises or which have induced Tenant to execute this Lease except as contained in this Lease, and (b) any other representations and warranties are expressly disclaimed by Landlord. The provisions of this Section 1.2 have been Store Name/# DWT 23609972v5 0096812-000015 EXHIBIT A REAL PROPERTY FEE REAL 'PROPE *YV- ;c H rct is g;' t� FEE SITE RESTAURANTS„ #f �T Z3dP }! �, k � 3., _ ��l o£'.. '�� .:c. Yid f�. u'. L� t .: �.� �u..�yw.tt ., b'�': •v�'3J a.-.�..Jf.,. i. ..� ..'.i 4} t� 1i�. � tit 1- 'T1 .� ,ADDRESS r y }kr ,I EE OWNER A�ACsQUI.. v"'. 'I" + H 18. #024682 942 East Third St., Pembroke, NC 28372 R&S Matthews Properties February 13, 2008 19. #024683 1058 W. Broad St., St. Pauls, NC 28384 Taco Properties November 19, 2007 20. 4026238 116 N. 4th Street, Spring Lake, NC 28390 R&S Matthews Properties December 18, 2006 21. 4026845 1712 S.1K Powell Blvd, Whiteville, NC 28472 R&S Matthews Properties June 29, 2009 i22 #027115 '4461 Mam.St Shallotte, NC 28470' R&SMtmhewsRroperties Octoberl,2010' F23' !j#028,406 '97 Village Dr lolly, -Ridge, NC 28445• 'R&S Matthews Ptperties 'July 23, 2012 (L6t.l) July, 23;�2012:'(Lot 2) {24y 1029329 650 W. Corbett Avenue:, Swansboro, NC R&S MatthewsProperties October 3;,2012 28584 ,Th}s 1'ee Stte for Unrt'#029329 will offset tfie :Le ase: Sit e:Unit, #019349flocaied at.674 W. 'CorbetYAve: Swaifsboro, NC 28584'i% accordanc8 wttfi tl e'Purchase Agreement, (25t' 0029330 :'4422 S„17th St ImmgtonaNC;28492` RSM,,Foods LLC,; a North' Transferred to R&S ,W Carolina limited! liability.' _ Matthewsson September IT= company,( RSivlFoods" )' 2012'and'to RSM Foods,on' 'June 28; 2013: 126 i929347,' S972 Carolina Beacf Rd WllmJggton ,NC' R&S Matthews Properties October;;19,' 20121 '48412' 127- '#029460'r 17200yUS;Hwyr17 .Hain stead'NC;2844,; s P tRSM�Foods June 4'201Y w_.a - .. .... 28. #029467 2055 Gum Branch Road, Jacksonville, NC RSM Foods May 21, 2013 28540 ''2,'s ttFEESITEINDEVELOPMENT(MURRAYYVILLEILOCATION)y'..` t,....s:+:ik•Seu:r`r.F?..�'sr'�.. ;-.'45.�..:.`.'.s..i.- :'� wl'.... '��,.s.tif;51�,.`,9L....-�?tzL',.'"'si.Y..wu�,. _;i. 29. N/A 2600 N. College Rd., Wilmington, NC 28412 N/A N/A *Indicates a Co -Branded Taco Bell / Long John Silver's Restaurant D WT 23979936v5 0096812-000013