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SW8101005_HISTORICAL FILE_20101111
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 101 O D5 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE tot o \1 1 l YYYYMMDD Q�,h �r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director November 11, 2010 Brian R Clodfelter, President Rhetson Companies, Inc. 2860-B Highway 5 Aberdeen, NC 28315 Subject: State Stormwater Management Permit No. SW8 101005 Dollar General — Ocean Isle Beach High Density Commercial Infiltration Basin Project Brunswick County Dear Mr. Clodfelter• Dee Freeman Secretary The Wilmington Regional Office received a complete State Stormwater Management Permit Application for Dollar General —Ocean Isle Beach on November 5, 2010 Staff review of the plans and specifications has determined that the prol'ect, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000 We are forwarding Permit No SW8 101005 dated November 11, 2010, for the construction of the subject project This permit shall be effective from the date of issuance until November 5, 2020, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adfudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding If you have any questions, or need additional information concerning this matter, please contact Chris Baker, or me at (910) 796-7215. Sincerely, Georgette Scott --C.--,Stormwater Supervisor Division of Water Quality GDS/csb: S:\WQS\STORMWATER\PERMIT\101005 nov10 cc: Hunter C Freeman, P E., Withers & Ravenel Brunswick County Building Inspections Brunswick County Engineering Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 NorthCarolina Phone 910-796-72151 FAX 910-350-20041 Customer Service 1-877-623-6748 �afCarofin Internet x nmaterqualq org ! ai State Stormwater Management Systems Permit No. SW8 101005 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 Rhetson Companies, Inc. Dollar General — Ocean Isle Beach Beach Drive SW, Ocean Isle Beach, Brunswick County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter collectively and separately referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 5, 2020, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 34,359 square feet of impervious area 3. The tract will be limited to the amount of built -upon area indicated in Section 1.8 on page 3 of this permit, and as shown on the approved plans. 4. 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 5 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 6. The project shall provide a 50' wide vegetated buffer adjacent impounded structures, streams, rivers, and tidal waters. Page 2 of 7 State Stormwater Management Systems Permit No SW8 101005 7. The following design criteria have been permitted for the infiltration basin and must be provided and maintained at design condition - a. Drainage Area, Tcres. Onsite, ft Offsite, ft2: b. Total Impervioul Surfaces, ft2. Onsite, ft : Offsite, ft2: C. Design Storm, inches: d. Basin Depth, feet: e. Bottom Elevation, FMSI�: f. Bottom Surface Area, ft g Bypass Weir Elevation, FMSL- h. Permitted Storage Volume, ft3: 1 Predevelopment 1 yr 24 hr peak flow, cfs- j Post -development 1 yr 24 hr peak flow, cfs k. Type of Soil: I Expected Infiltration Rate, in/hr: M. Seasonal High Water Table, FMSL: n Time to Draw Down, hours. o Receiving Stream/River Basin: p Stream Index Number: q. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 1.11 48,453 None 34,359 34,359 None 3.95 3 39.5 1,633 43 10,629 0.4 None Kurbec 10 375 24 Intracoastal Waterway / Lumber 15-25 "SA;HQW" 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 approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a Semiannual scheduled inspections (every 6 months) b. Sediment removal c Mowiny and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas e Maintenance of all slopes in accordance with approved plans and specifications. f Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter g. A clear access path to the bypass structure must be available at all times. 4. The facilities shall be constructed as shown on the approved plans This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 5. 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. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 101005 6 A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction 7. Records of maintenance activities must be kept for each permitted BMP. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 8. 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 9. Access to the stormwater facilities shall be maintained via appropriate 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. Project name change C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e Further 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. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification, in writing to the Director that the changes have been made III. GENERAL CONDITIONS Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form to the Division of Water Quality, signed by both parties, and accompanied by the appropriate documentation as listed on page 2 of the form. The approval of this request will be considered on its merits and may or may not be approved. 3. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 101005 4 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215 6C 5 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. 6 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 7. 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. 8. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition 9. Unless specified elsewhere, permanent seeding requirements for the stormwater controls must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2008- 211. Title 15A NCAC 2H.1000. and NCGS 143-215.1 et. al. ' 11 The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 12. The permittee shall submit a permit renewal application 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 11th day of November, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 State Stormwater Management Systems Permit No SW8 101005 Dollar General — Ocean Isle Beach Stormwater Permit No. SW8 101005 Brunswick 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, (Protect) for (Protect Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the protect 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 specification: Signature Registration Number Date SEAL Page 6 of 7 State Stormwater Management Systems Permit No SW8 101005 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 bypass structure weir elevation is per the approved plan. 6 The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the bypass structure. 8 All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided 12. All required design depths are provided. 13. All required parts of the system are provided 14. The required system dimensions are provided per the approved plans. cc. NCDENR-DWQ Regional Office Brunswick County Building Inspections Page 7 of 7 (; it• •1. 1 -, DWQ USE ONLY Date Received Fee Paid.' Permit Number, Applicable Rules (select all that apply) ❑ Coastal SW -1995 Coastal SW - 2008 ❑ Ph II - Post Construction ❑ 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 Tlus form may be pliotocopied for use as an ongnml 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.) Dollar General - Ocean Isle Beach 2 Location of Project (street address) SE Corner of Beach Drive (NC 179) and Lake Tree Drive City Ocean Isle Beach County.Brunswick Zip 28315 3 Directions to project (from nearest major intersection). 6000 It west of the intersection of Ocean Isle Beach Rd SW and Beach Drive SW on Beach Drive SW (NC 179) 4 Latitude 330 53' 59 2506" N Longitude -78' 27' 28.224" W of the main entrance to the project II. PERMIT INFORMATION: 1. a Specify whether project is (check one) ®New []Modification b If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction ®Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2 Specify the type of project (check one) ❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other 3 If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4 a Additional Project Requirements (check applicable blanks, information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748) ❑LAMA Major ❑NPDES Industrial Stormwater ®Sedimentation/Erosion Control-1 10 ac of Disturbed Area ❑404/401 Permit Proposed Impacts b If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit Form SWU-101 Version 07Jun2010 Page I of 6 ' C Alt/_. NOV 0 5 2010 BY: ft ' 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 proiect). Applicant/Organization Rhetson Companies Inc Signing Official & Title Brian R Clodfelter, President / Tresurer b Contact information for person listed in item 1a above Street Address 48 Grey Abbey Drive City.Pmehurst State -NC Zip 28374 Mailing Address (if applicable) 2860-B HWY 5 City.Aberdeen State.NC Zip 28315 Phone (910 ) 944-0881 Email brian@rhetsoncompanies com Fax (910 ) 944-0882 Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ® Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2 a Print Property Owner's name and title below, if you are the lessee, purchaser or developer (This is the person who owns the property that the project is located on) Property Owner/Organization Fred R David Signing Official & Title Owner b Contact information for person listed in item 2a above Street Address PO Box 8139 City Ocean Isle Beach State:NC Zip 28459 Mailing Address (if applicable) City State: Zip Phone ( ) Fax ( ) Email 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. City _ Phone Email 4 Local jurisdiction for building permits Ocean Isle Beach State, Fax Zip Point of Contact Larry Cook Phone # (910 ) 579-3469 NOV 0 5 2010 Form SWU-101 Version 07Jun2010 Page 2 of 6 BY:_ - IC.' PROJECT INFORMATION 1 In the space provided below, briefly summarize how the stormwater runoff will be treated Stormwater runoff from the building and parking areas will be conveyed to catch basins in the center of the parking lot The runoff from all storms is directed into an infiltration trench and into an infiltration basin The infiltration area will be constructed on natural soils 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 protect has been designed in accordance with ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Lumber River basin 4 Total Property Area. 1 11 acres 5. Total Coastal Wetlands Area 0 acres 6. Total Surface Water Area 0 acres 7 Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area* 111 acres Total project area shall be calculated to exclude the following the normal pool of imppounded stnichnres, the area between the banks of streams and rivers, the area below the Normal High Water (NNW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA) Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 70 91 % 9 How many drainage areas does the project have?l (For high density, count 1 for each proposed engineered stonnwater BMP For low density and other projects, use 1 for the whole property area) 10 Complete the following information for each drainage area identified in Project Information item 9 If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below Basm.Informabon' Drainage Area 1 Drainage Area _ Drainage Area _ Drainage Area Receiving Stream Name Intracoastal Waterway Stream Class SA, HQW Stream Index Number * 15-25 Total Drainage Area (so 48,453 On -site Drainage Area (so 48,453 Off -site Drainage Area (so 0 Proposed Impervious Area** (so 34,359 % Impervious Area** total 70 91 % Impervious** Surface Area Drainage Area 1 Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 8,990 On -site Streets (so 0 On -site Parking (so 23,228 On -site Sidewalks (so 2,141 Other on -site (so 0 Future (so 0 Off -site (so 0 Existing BUA*** (so 0 Total (so 34,359 Stream Class and Index Number can be determined at http//portaLncdenr or hag ebAvq/ps/csu/classificahons * bnpervious area is defined as the built upon area including, but not limited to, buildings, roads-parking.areas,— - - sideroalks, gravel areas, etc <--2-'-' L'V • - - NOV 0 5 2010 Form SWU-]Ol Verson 07Jun2010 Page 3 of [BY:- "Report only that amount of existing BUA that will remain after development Do not report any existing BUA that is to be removed and which will be replaced by new BUA 11 How was the off -site impervious area listed above determined? Provide documentation Proiects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per NCAC 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 //portal.ncdenr org/web/wq/ws/su/bmp-manual VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http //portal ncdenr org/web/wq/ws/su/statesw/forms dots. 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 htW tlportal ncdenr org/web/wq/ws/su/maps.) 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 fi tp //portal ncdenr.org/web/wq/ws/su/statesw/forms 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 below) 3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP 4 Permit application processing fee of $505 payable to NCDENR (For an Express review, refer to hU-//www envhelp org/pages/onestopexpress html for information on the Express program and the associated fees Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting) 5 A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project This is required in addition to the brief summary provided in the Project Information, item 1 6 A USGS map identifying the site location If the receiving stream is reported as class SA or the ef,— receiving stream drams to class SA waters within 1/2 mile of the site boundary, include the'/z 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. f Scale g Revision number and dates h Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters i Dimensioned property/project boundary with bearings & distances I Site Layout with all BUA 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. in Wetlands delineated, or a note on the plans that none exist (Must be delineated by a '1-\ y 1 , " v '0 qualified person Provide documentation of qualifications and identify the person who made the determination on the plans I NOV Q 5 2010 n Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations Form SWU-101 Version 07Jun2010 Page 4 of 6 BY; o Drainage areas delineated (included in the main set of plans, not as a separate document). p Vegetated buffers (where required) Copy of any applicable soils report with the associated SHWT elevations (Please identify I ti dd ti t d th It f th b i 1 tith thetin e eva ons in a i on o ep s) as we as a map o e onng oca ons wi ex s g elevations and boring logs Include an 8 5"x11" copy of the NRCS County Soils map with the project area clearly delineated For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verifij the SHVVp pnor to submittal, (910) 796-7378.) A copy of the most current property deed Deed book 2262 Page No 1052 For corporations and limited liability corporations (LLC) Provide documentation from the NC 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 hgp //www secretary state nc us/Corporations/CSearch aspx 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 htto //portal ncdenr org/web/wq/ws/su/statesw/forms_docs 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 2nsuring 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 Hunter C Freeman, PE Consulting Firm Withers & Ravenel Inc Mailmg Address 111 MacKenan Drive City.Cary State NC Zip:27511 Phone. (919 ) 469-3340 Email hfreeman©withersravenel com Fax: (919 ) 467-6008 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, itein 2 has been filled out, coniplete this section) I, (print or hjpe name of person listed in Contact Inforniation, item 2a) I`red 'i?,- D-ew '(� , certify that I own the property identified in this 12Srmit application, pa d thus give permission to (print or hjpe name of person listed in Contact Information, item p�AtJ 1a) Ci-(U -�e Ok-y -with (print or hjpe naiue of organization listed in Contact bifornmhon, item 1a) �-V\i�kE44J e g /uPA�o 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 NOV 0 5 2010 Form SWU-101 Version 07Jun2010 Page 5 of 6 'As me iegai property owner i acxnowieage, unoersrana, ana agree by my signature oeiow, mar it 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 perrrut 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" 14"3-2215.6. / 1�3/2 /. O� 1 Signature: yl.� N �/(�f�0� �rl� 41U�n Date: I I I �Iz010 I, _ 41Fi (rlrl�n IV�154`i a Notary /nPublic for the Stateoff NO l n krd f(il lcountyof �'Jl U Yl5 (tJ t C do hereby certify that �Ecf F AM 1 / fl . Rqd f) personally appeared before me this -;�Aky of U O&M VE2- IU and ackn wle ge the d e a ution of e application for a stormwater permit. Witness my hand and official seal, 1 I I CAL OFFICIAL SEAL Notary Public, North Caroli a County of Brunswick KATHRYN M GOSSETT My COMMission Expires - O, ✓���� v commission expires X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item la) certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be co tructed in confoRdat(' withe approved plans, that the required deed restrictions and protective coven ill be recorded, proposed project complies with the requirements of the applicable stormw r ules undeyf5A NC0, SL 2006-246 (Ph. R - Post Construction) or SL 2008-211. Date: v I, , a Notary Public for the State of '77&%=4 C&-A&A& .o.County of All A.t_ . do hereby certify that AAA -A. o Czt L ,(, g. personally appeared before me this day of OLt* � AO 10 and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, �e� a:C+ �sC'��-Qr ••�� SEAL My commission expires 7—S ./ Cf — ------------ i \��'L:Li1 �✓:v1I� NOV 052010 BY: _ I MEMORY TRANSMISSION REPORT TIME :11-12-'10 16:35 FAX NO.1 :910-350-2004 NAME :DENR Wilmington FILE NO. 664 DATE 11.12 16:31 TO S 919109440882 DOCUMENT PAGES 8 START TIME 11.12 16:32 END TIME 11.12 16:35 PAGES SENT 8 STATUS OR *** SUCCESSFUL TX NOTICE *** Seta of Norte CaroOva D�pvrtmuvt o[ Hvvirovmevt vvd Nv[ural Rmouren WQmivQtev BaQlovvt OlHvw dvro d S v� n, ` varvor FAX COVER 58EET ps F)-riwew, Sarratyry Dale: /l�J�y//o/� No. pagan (axoL cover) To' rlJ//��///tom% C� GO/O�F6G TE.� From: ]o Casmar / Co: /'ff�>-5o..1 LOsl visa-y�FS pf.cvv. (9)Ol'>96-'>336 Re. ✓%//A�- �'E.r��.�...yG—O�e.9�✓ S"s GE B�fscfi l2] Cartlinal [)rive 8wmmlon, Wilmington. NC 2Q�05 v (9l0) 9%-02f 3 � wv gnni Oppon�wiay Attivnaai.rve Aanov Hmvioyar State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor FAX COVER SHEET Dee Freeman, Secretary Date: //p�Z/!�// / No. Pages (excl. cover): To: �O%ig^% C� LDO<ELfE From: Jo Casmer Co: /i ffE75o r% �pillOA�� E S Phone: (910) 796-7336 Fax: 9l�J ���—D���— Fax: (910)350-2004 Re. AollAi �Er/E�4L—QGEfJ✓ TsLE ,BE�c/j SGr>S!D/oDS i 5 S dam✓ /J O i LO j! i /r� u C 127 Cardinal Drive Extension, Wilmington, NC 28405 0 (910) 796-7215 a An Equal Opportunity Affirmative Action Employer MEMORY TRANSMISSION REPORT TIME :11-12-'10 16:38 FAX NO.1 :910-350-2004 NAME .DENR Wilmington FILE NO. 665 DATE 11.12 16:31 TO E1919194676008 DOCUMENT PAGES 8 START TIME 11.12 16:35 END TIME 11.12 16:38 PAGES SENT 8 STATUS OK *** SUCCESSFUL TX NOTICE *** State of Notch Carolina Uepartmvvt vl Envlronmvv* avd lVvtural t(evurwr Wiimieplou Retbuat OR1ov am+erty Jcw PaaNra. Govaroor FAX COVER SKEET Dar F�awan, Date: //.�.�ij �� �� >geeretary No Paget CeacL covers: �/ Phone. C9101796-7336 (9101350-200 ) 7 C imJ Oeivu E nalert Wllmingenn. NC 2a403 � (910) 7% 7221 � M l:9ual OapaR SW tion .—Pn ., 1 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, governor FAX COVER SHEET Dee Freeman, Secretary Date: /����� ) No. Pages (excl. cover). To: //'/,//J/% /��E/ f / ��//�,�"N From: Jo Casmer Co: l/1//�/ /r�// /�/r�5�` �U��E� Phone: (910) 796-7336 Fax: Fax: (10) 350-2004 Re �O��Q/ ��iT%E �LiL ` OGE�� _'S LE y�/ten /- - / ,;? /tea . Ze 127 Cardinal Drive Extension, Wilmington, NC 28405 e (910) 796-7215 - An Equal Opportunity Affirmative Action Employer 1 WITHERS &—RAVENEL ENGINEERS I PLANNERS I SURVEYORS ill MacKenan Drive CARY, NORTH CAROLINA, 27511 (919) 469-3340 FAX (919) 238-2099 To: NCDWQ WiRO 127 Cardinal Drive Extension Wilmington, NC 28405 WE ARE SENDING YOU ❑ Shop Drawings j ❑ Copy of Letter ❑ Attached ❑ Prints ❑ Change order DATE Nov 4, 2010 IOBNO 021o0 66 1 ATTENTION Janet Russel PHONE# RE Dollar General Ocean Isle ❑ Under separate cover via ❑ Plans ❑ Samples ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 11- -10 1 Revised Plan Sheets 1 11 -10 2 Stormwater Permit Information and Calulations THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ El Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Janet — here is the revised info per our meeting on Wednesday. Brian (the owner) will be bringing the original of the SWioi signed permit application form in a separate delivery. Thanks for the he[ Hunter Freeman .q NUV 0 6 2010 COPYTO: -6W SIGNED: /fenclosures are notas noted, kindtynotify usa once. . WITHERS RAVENEL Dollar General - Ocean Isle Beach POND ROUTING CALCULATIONS Ocean Isle Beach, North Carolina Prepared For: The Rhetson Companies, Inc. 48 Grey Abbey Drive Pinehurst, NC 28374 Prepared By: WITHERS & RAVENEL, INC 111 MacKenan Drive Cary, North Carolina 27511 November 2010 W&R Project No. 02100366 o ssi 028942 : r` iG ..GINr� HUNTER FREEMAN, PE NU / U 5 2010 BY: INTRODUCTION The purpose of this study is to document pre- and post -development peak stormwater discharges for the i-year and io-year design storm events as well as study the ioo-year water surface elevations in the stormwater BMP for a proposed Dollar General storm in Ocean Isle Beach, NC. The goal is to provide an adequate stormwater detention device to safely maintain a discharge less than or equal to the pre -development peak discharges after the site has been developed as well as to provide storage for the post -development volume in excess of the pre -development runoff volume. An infiltration basin with supplemental pipe storage is proposed forth is development to meet all town and DWQ criteria for peak attenuation and water quality. In addition, the proposed infiltration system is designed to Infiltrate the io-year, 24-hour storm event without discharging the system, using an infiltration rate of 1/2 the reported infiltration rate of io inches/hour. SITE DESCRIPTION The proposed commercial development is for a new Dollar General store on a previously undeveloped parcel. The project is located on a 1.i acre parcel, which is proposed to be developed at 71% impervious. One stormwater infiltration basin Is proposed on the site to meet Coastal SW regulations. The existing site is flat, with no defined drainage patterns. If anything, the site drains to the south into an unnamed tributary to the Intracoastal Waterway. The Intracoastal Waterway is approximately 0.45 miles south of the site, and is classified as SA, HQW. METHODOLOGY The stormwater study was conducted using the natural drainage features as depicted by field survey data and proposed development within the drainage areas. The drainage areas of were entered into the model as a single drainage area based on natural and proposed drainage patterns, to evaluate post development peak discharge rates and runoff volumes. There is one stormwater device proposed forthe site to meet peak attenuation, water quality and storage requirements. Stormwater is collected in catch basins and conveyed to an underground storage device, which provides storage for 2,079 CF of stormwater and conveys the runoff to an infiltration basin which provides an additional 8,550 CF of storage. The entire io-year storm will infiltrate through the natural soil. The scope of work included the following analyses: Hydroloey ❑ Estimation of the 1.5" runoff volume and the 1-year 24 hour runoff volume (pre and post development) ❑ Simulation of the 1-year, io-year and ioo-year rainfall events for the Ocean Isle Beach area ❑ Formulation of the i-year, io-year and ioo-year flood hydrographs for the pre- and post - development drainage areas Hydraulic ❑ Routing the i-year, io-year and ioo-year flood hydrographs for post development runoff through the proposed infiltration system. The results of the hydrology calculations are used in the hydraulic analyses. The hydraulic design requires the development of stage -storage and stage -discharge functions for the Infiltration device and underground storage. The rainfall/runoff hydrographs, stage -storage and stage -discharge 1Q__2C'�+".Y0%J4 D NuJ052010 BY: functions have been compiled to create a routing computer simulation model using Bentley PondPack vio.o software. This PondPack model was then used to assess the impact of the peak discharges for the design rainfall events. The PonclPack modeling results are provided as appendices to this report. HYDROLOGY The SCS Method was used to develop runoff hydrographs for the Type II, 24-hour duration, 1-year storm and NOAA Atlas 14 rainfall data for Wilmington was used for the io-year and ioo-year storm events. This method requires three basic parameters: a curve number (CN), time of concentration (Q, and drainage area. Curve numbers were based on soil type and land use. Soil types were delineated from the Soil Survey of Brunswick County, North Carolina (1986). Land use for existing conditions was based on the most recent Brunswick County aerial photographs. Post development land use is commercial based on the proposed site plan. Time of concentration was calculated using methods described in the SCS publication "Urban Hydrology for Small Watersheds, TR-55" and based on Brunswick County topographic maps, USGS maps, and field survey data. Drainage areas were delineated from the proposed grading plans for post development conditions. A summary of data used to formulate hydrographs and peak discharges are included in the appendices of this report. HYDRAULICS Computer simulated reservoir routing of the 1-year, io-year and ioo-year design storms utilized stage -storage and stage -discharge functions. Stage -storage functions were derived from the proposed contours for the infiltration device and underground storage. A non -linear regression relation for surface area versus elevation was derived for each device. This relation estimates the incremental volume of each basin to the stage or elevation of that basin. Stage -discharge functions were developed to ensure that the basins would not overtop during the design storm event. An interconnected pond routingwas used (using PondPack) to connect the two devices hydraulically and apply an average infiltration rate for the bottom of the infiltration basin. Based on the attached soils report, local soils are expected to have Infiltration rates in excess of io in/hr. Per guidance in the current BMP manual, an infiltration rate of 5 in/hr was used to study the peak water surface elevations during the subject storm events. . CONCLUSIONS Based on the routing study, the post development peak discharge from the entire site is less than the pre -development peak for the i-year, io-year and ioo-year design storms. In addition, the system provided adequate storage for the post -development runoff volume and infiltrates the io- year, 24 hour storm without discharge. The table below summarizes the peak attenuation results. NN 0 5 2010 BY: TABLES. PRE DEVELOPMENT RUNOFF SUMMARY 1- earn(� Outflow v `speak Q,,.k Outflow too -year Q,ezk Outflow ISOMERISM Pre Development Runoff 0.00 cfs 0.40 cfs 2.13 cfs TABLE 2. PEAK ATTENUATION SUMMARY FOR THE 1-YEAR DESIGN STORM 1-year Q,,,kInflow i-year Q,,,k Outflow BMP 1.72 cfs 0.00 cfs Post Development Runoff 0.00 cfs TABLE 3. PEAK ATTENUATION SUMMARY FOR THE 10-YEAR DESIGN STORM io-year Q,,,k Inflow io-year Q,,,k Outflow BMP 3.47 cfs 0.00 cfs Post Development Runoff 0.00 cfs TABLE 4. PEAK ATTENUATION SUMMARY FOR THE 100-YEAR DESIGN STORM 10-year Q,,,k Inflow too -year Q,,,k Outflow BMP 7.84 cfs 3.22 cfs MM Post Development Runoff 3.22 cfs INFILTRATION BASIN SUMMARY • Bottom of Basin Elev. = 39.50 • Top of Dam Elev. = 42.5.00 • Soo -year freeboard = 1.39' • Storage Provided = 8,550 CF INFILTRATION BASIN SUMMARY • Bottom of Trench Elev. =39.50(SHWT=37.50) • Top of Trench Elev. = 40.98 • Trench width = 5.35' (2 RainTank units) • Trench Length = 276.44' (123 RainTank units) FNOV 0 5 2010 BY: AkAMG LAND MANAGEMENT GROUP INC Environmental Consultants September 28, 2010 Hunter Freeman Withers & Ravenel. Inc. I I I MacKenan Dr. Cary. NC 27511 Reference: Proposed Dollar General, located off of Beach Drive SW (NC 904/NC 179) and Lake Tree Rd. near Ocean Isle Beach. NC. Dear Hunter, On Tuesday September 28, 2010, Land Management Group. Inc. had the pleasure of evaluating the proposed stormwater pond area for the proposed Dollar General, located off of Beach Drive SW (NC 9041NC 179) and Lake Tree Rd. near Ocean Isle Beach, NC. The purpose of the evaluation was to describe the soil profile, quantify the depth to the seasonal high water table, determine soil texture, and to inform the project engineer of any potential limitations of this project, at 2 locations within the proposed stormwater infiltration area. Actual infiltration rates were not taken and therefore my report is based upon estimated rates. The soils at this site are mapped as Kureb the Soil Survey of Brunswick County (USDA, 1986). Actual soil borings 1 and 2, confirm the soil to be a Kureb soil series, (see Test Area Map Appendix A and soil profile descriptions in Appendix B). The Kueb soil series are sandy soils that formed from excessively well drained, marine fluvial and aeolian sandy material on uplands The seasonal high water table is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. There is evidence of redoximorphic features at 63" in boring 1 and 65" in boring 2 from the natural soil surface (see Test Area Map Appendix A and soil profile descriptions in Appendix B). The official published description and physical and chemical data for the Kureb soil series are shown in Appendix C for comparison. It is expected that these soils will have an infiltration rate in excess of 10 inches/hour. In summary, LMG has performed a site specific evaluation within the stormwater infiltration areas. This area has soils that have seasonal high water tables at 63" in boring 1 and 65" in boring 2 from the natural surface It is expected that these soils with have an infiltration rate in excess of 10 in/hr. Please do not hesitate to contact me if you have any questions with this report. As with any project of this nature the appropriate government agencies will have the final permitting authority. I may be reached at 910-452-0001, 910-471-0505 or at nhowell@lmgroup.net . Sincerely, Nick Howell NC Licensed Soil Scientist#1294 Soil �YLh y/ h Ci�=� V NOV 0 5 2010 13Y: www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 Dollar General Ocean Isle Beach Stormwater Evaluation Test Area Map September 28, 2010 NC179 BEACH DRIVE SW iss• oast Itt m � 1 t 1 WC ` litwc I N N rl D % t 1 rs. r b 1� 11 1 � �% � •�0 G'j 1e I ! 1 ➢ 2 Z � 1 I — ❑❑� a f \GROPOYDII\yl. �—•. r I STORMWATER BMP} -7• MBBL I � I O Soil Boring *Drawing Not to Scale* Land Management Group, Inc. **Drawing Provided By Others** Job #01.10.154 Environmental Consultants 'Boring Locations are Hunter Freeman 4 L� P.O. sox zszz 9 t " ' Wilmington, NC approximate and not meant to be Drawing By N.P.H. w .LMGroua net NOV 0 5 201('Phone: 910-452-0001 Fax: 910452-0060 absolute' RV. I B 1 Micro Side Slope 1-2% Kureb Series A — 0-8" Fine Sand, granular, very friable, non sticky non plastic, 1 OYR 3/1. E — 8-15" Fine Sand, granular very friable non sticky non plastic, 10YR 6/1. CBh — 15-18" Fine Sand, single grained, loose, non sticky, non plastic, 1 OYR 4/3 with 1 OYR 3/6 Bb stains and non cemented bodies. Cl — 22-48" Fine Sand, single grained, loose non sticky non plastic, 1 OYR 5/6 with few 10YR 7/4 stripped sand bodies and 1 OYR 3/6 mottles. C2 — 48-55" Fine Sand, single grained, loose non sticky non plastic, 1 ORY 7/4. C3 — 55-63" Fine Sand, single grained, loose non sticky non plastic, 2.5Y 8/1 (Stripped Sand not a RMF) C4 — 63-84"+ Fine Sand, single grianed, loose non sticky non plastic, 2.5Y 7/3 with common 2.5Y 6/2 mottles. Physical Water: NA SHWT: 63" B2 A — 0-8" Fine Sand, granular, very friable, non sticky non plastic, 10YR 3/1 E — 8-15" Fine Sand, granular very friable non sticky non plastic, 10YR 6/1. CBh — 15-18" Fine Sand, single grained, loose, non sticky, non plastic, 1 OYR 4/3 with common 10YR 3/2 Bh stains and non cemented bodies and few stripped 10YR 6/1 E horizon bodies in the upper part of the horizon. C — 65-84"+ Fine Sand, single grianed, loose non sticky non plastic, 10YR 4/3 with common 2 SY 6/2 mottles. Physical Water: NA SHWT: 65" LNl)J 0 5 2010 BY:-- -- Appendix C Published Description and Chemical and Physical Properties of the Kureb Soil Series NOV 0 5 Z010 BY:� — 9/28/2010 LOCATION KUREB NC.FL GA Established Series Rev AWAG,Rev RLV 07/2005 KUREB SERIES Official Seines Description - KUREB Series The Kureb series consists of wry deep, excessively drained, gently sloping to moderately steep soils on Coastal Plain uplands and on side slopes along streams and bays They have forried in nerve, aeoliaq or f rvul sands Slopes range from 0 to 20 percent Near the type location mean annual precip¢atun is about 50 inches and mean animal temperature s about 63 degrees F TAXONOMIC CLASS: Tlemne, uncoated Spodic Quanapsarrmients TYPICAL PEDON: Kureb sand --on a 4 percent slope under sparsely nmxed hardwoods ofturkey and blmjack oak and scattered longkafpine (Colors are for most son unless otherwise stated ) A--O to 3 inches, dark gray (1 OYR 4/1) sand, single grained, loose, organic matter and quartz grams have sah and pepper appearance, many fie and large roots, neutral, clear wavy boundary (2 to 5 inches thick) E--3 to 26 inches, light gray (I OYR 7/1) sand, single grained, loose few large roots, mutral, clear irregular boundary (4 to 45 inches thick) CBh--26 to 51 inches, brownish yellow (I OYR 6/6) sand, single graced, loose, few tongues of light gray (1 OYR 7/1) extend from above horizon, dark brown (7 5YR 3/4) and few bands and bodies (Bh) of dark reddish brown (5YR 3/2), bands are internment at horizon contact and vertically along walls of tongues, many clean and coated sand gals, neutral, gradual wavy boundary (4 to 46 inches thick) C--51 to 89 inches, pale brown (I OYR 6/3) sand, single gamed, loose, slightly acid TYPE LOCATION: New Hanover County, North Carolina. 1 3/4 nines south ofU S 421 and N C 132 junction, 1 /4 nine east and about 200 feet south RANGE IN CHARACTERISTICS: Thickness of the sandy horizons is more than 80 niches Sod reaction is neutral to extremely acid throughout AO horizons are fine sand, sand, or coarse sand Silt plus clay content is less than 5 percent The A horizon has hue of I OYR, value of 3 to 7, and chromai of 1 or 2 The E horizon has hue of IOYR or 2 5Y, value of to 8, and chio re of I to 3 Tongues of horizon we in old root channels in the CBh horn The C pan of the CBh horizon has hue of IOYR or 2 5Y, value of to 7, and chroma oft to 8 The Bh pan of the CBh horizon has hue of 5YR to I OYR, value of 2 to 6, and chroma of 2 to 4 The C horizon has hue of 7 5YR to 2 5Y, value of 4 to 8, and chroma of 1 to 8 Few to common mottles in shades ofbrown, yellow, or gay are in the C horizon ofsome pedons Gray monks are the result of uncoated sand grans and not wetness COMPETING SERIES: (Not updated) Resota series is the only soil in the sane family Alam A rm, Camhov, Centenan Corona Foxivordt, Frmo, Kershaw, Lakehurst, Lakeland, Lakewood, Newham Orstmo, Ouslev, Paola, Resota, R=m and Welaka series are in closely related fanulies Resota soils are moderatelywen drained and have seasonal high water table at depths of40 to 60 inches Alaga, Alpo, Corolla, Foxworth, Fnpp, Kershaw, Lakeland, Newhan, Paola, and Wekaka sons lack an intemvttent Bh horizon In addition, Alaga sons have 10 to 25 percent percent sit plus clay in 10- to 40-mch control section Alpm sons have lamella beginning at depths of40 to 70 inches Corona and Newham sons are affected by sah spray Lakeland sons have 5 to 10 percent silt plus clay in the 10- to 40-mch control section Ousley sons have a seasonal watertable at 15 to 30 feet Paola sons are hyperthernic and Welaka have Bit horizons Cainoy soils Inoue an E' horizon underlain by Bh hortzriL Centenary soils have; Bh horizon in subsoil Lakehuast sons occur in inesic temperature regures Rinnt sons have a thick sandy E horizon overlying a continuous spodic horizon GEOGRAPHIC SETTING: llie Kureb sons are gently slopingto moderately steep and are on broad surfaces of the lower Coastal Plan Gradients are 3 to 10 percent and may range to 20 percent on side slopes along streams and edges of bays The regol¢h is marine, aeohan or tiuvol sands Near the type location roam annual precipitation is about 50 inches and mean annual temperature is about 63 degrees F GEOGRAPHICALLY ASSOCIATED SOILS: These are the competing Alasa Kershaw Lakeland and Rinmi series plus the Bavmeade soils Baymeade sons have sandy loam Bt horizons DRAINAGE AND PERMEABILITY: Excessively drained, Slow nroff Rapid permeabntty Depth to www2.ftw.nres.usda.gov/ ./KUREB.html 1�CL�:VL:✓ NOV 0 5 Z010 BY: 1/2 9/28/2010 Official Series Description - KUREB Series seasonal hin water table is more than 6 feet during most of the year LISE AND VEGETATION: Mauib, wooded Native vegetations turkey oak, bhelack and a few live oak with scattered lotigJeafpvie The understory consists mardy of huckleberry and pineland threeawa DISTRIBUTION AND EXTENT: Tidewater Area of North Carolina, Georgia and Florida The series is of moderate extent 1%1LRA OFFICE RESPONSIBLE: Raleigh, North Carolina SERIES ESTABLISHED: New Hanover County, North Carolina, 1974 REMARKS: The Kureb sods were forrrerly included in the Lakewood Beres Diagnostic horizons and features recog red in this pedon are Ochm epipeon - the zone from the surface to a depth of 26 inches (A and E horizons) ADDITIONAL DATA: None MLRA: 153B SIR NCO063 TABULAR SERIES DATA: SOI-5 Soil Name Slope Airtemp FrFr/Seas Precip Elevation NCO063 KUREB 0- 20 60- 70 200-290 46- 57 20- 90 SOI-5 F1oodL F1oodH Watertable Kind Months Bedrock Hardness NCO063 NONE 6 0-6 0 SOI-5 Depth Terture 3-Inch No-10 Clay% -CEC- NCO063 0-80 S COS FS SOI-5 Depth -pH- O.M Salin Permeab Shnk-Swll NCO063 0-80 3 5- 7 3 0 0- 0 6 0- 20 LOW National Cooperative Sod Survey USA 60-60 0- 0 100-100 0- 3 0- 5 www2.ftw.nres.usda.gov/ /KUREB html Nui052010 BY: 2/2 STORMWATER CALCULATIONS NOV 0 5 2010 WETLAND Project Name Dollar General - Ocean Isle City/StateCity/State Ocean Isle, NC SITE-PREDEVELOPMENT Land Use Area (ac) % IA Imp. Area (act Existing Impervious 0 100 000 Existing Open Space 1 11 0 000 Totals 1.11 000 Total % Impervious Surface Area = 0.0 % Project # 2100360 Date 26-Oct-10 1-Year Runoff Volume Calculation (3.95 Inches) Using the runoff volume calculations in the "Simple Method' as described by Schueler (1987) Rv — 0 05 + 0 009(I) where, Rv — Runoff coefficient, in /in I — Percent impervious Rv— 005 in /in Total runoff volume from 3 95-inch precipitation Runoff volume, S — (Design rainfall) (Rv) (Drainage Area) S = 0.018 acre-ft 796 cu ft SITE - POST DEVELOPMENT Land Use Area (ac) % IA Imp. Area (ac) Existing Impervious 0 too 000 Open Space 032 0 000 Proposed Im erviot 0 79 100 0 79 Totals 1.11 0.79 Total % Impervious Surface Area = 71.2 % 1-Year Runoff Volume Calculation (3.95 Inches) Using the runoff volume calculations in the 'Simple Method" as described by Schueler (1987) Rv — 0 05 + 0 009(0 where, Rv — Runoff coefficient, in /in I — Percent impervious Rv— 069 mAn Total runoff volume from 3 68-mch precipitation. Runoff volume, 5 — (Design rainfall) (Rv) (Drainage Area) S = 0 252 acre-ft 10990 cu ft Pre Development — 796 cu ft Volume Increase = 10195 cu. ft. WO Runoff Volume Calculation 0.5 Inches) Using the runoff volume calculations in the "Simple Method" as described by Schueler 0 987) Rv — 0 05 + 0 009(l) where, Rv — Runoff coefficient, in /in I — Percent impervious Rv— 069 inlin Total runoff volume from 1 5-inch precipitation Runoff volume, S — (Design rainfall) (Rv) (Drainage Area) S = 0.096 acre-ft 4174 cu ft Runoff from A Pre/Post Exceeds 1.5" Rainfall use A Pre/Post NOV C 5 2010 Storage Volume Calculations Underground Storage Length 276 44 It Width 5 35 It Void Ratio 95% Bottom Invert 39 50 It Top of Storage 40 98 ft Height 148 It Volume = 276.44 * 5.35 * 1.48 * 0.95 = 2079.41 cf @ 40.98' Infiltration Basin Elev Total Area Incremental Volume Total Volume ft ft c c 3950 1634 000 0 4000 1795 85693 857 41 00 2948 2347 79 3205 4200 3772 3351 55 6556 42.50 4205 199327 8550 basin Volume determined using conic method for reservoirs Volume = 1l3 * (EL2 - EL1) * (Areal + Area2 + sq rt (Areal * Area2)) Total Storage Provided = 2079 cf + 8638 cf = 10629 cf NOV 0 5 2010 BY: POND ROUTING CALCULATIONS /\ . Jam✓ Nu : 0 2oto Job File: K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\DOLLAR DENERAL_OIB_H Rain Dir: K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\ JOB TITLE Project Date: 9/9/2010 Project Engineer: hfreeman Project Title: Watershed Project Comments: S/N: Bentley Systems, Inc. Bentley PondPack (10.00.027.00) 1:18 PM 11/9/2010 Table of Contents Table of Contents 1 ++++++++++++++++++++++ MASTER SUMMARY ******++++++++++++++++ Watershed....... Master Network Summary ............. 1.01 ****************** DESIGN STORMS SUMMARY ******************* Wilmington...... Design Storms ...................... 2.01 xx++*+«++++++++++++x+x TC CALCULATIONS +++++++xxxx+xxxxx+«x+ DIRECT TO INFIL It Calcs ........................... 3.01 SITE POST....... To Calcs .......................... 3.03 SITE PRE..... .. Tc Calcs ........................... 3.05 ++++++++++++++++++++++ CN CALCULATIONS *********+«+«++++++++ DIRECT TO INFIL Runoff CN-Area ..................... 4.01 SITE POST...... Runoff CN-Area ..................... 4.02 SITE PRE........ Runoff CN-Area ..................... 4.03 +++++++++++++++++x+++++ POND VOLUMES ******«xx++++++++++++++ INFIL BASIN..... Vol: Elev-Area ..................... 5.01 SIN: Bentley PondPack (10.00.027.00) 1:18 PM Bentley Systems, Inc. 11/4/2010 Table of Contents 11 Table of Contents (continued) STORAGE......... Vol: Elev-Volume ................... 5.02 SIN: Bentley PondPack (10.00.027.00) 1:18 PM NOV 0 5 2010 tems, Inc. 11/4/2010 Type.... Master Network Summary Page 1.01 Name.... Watershed File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC MASTER DESIGN STORM SUMMARY Network Storm Collection: Wilmington Total Depth Rainfall Return Event in Type ____________ 10 ______ 6.7200 _______________ Synthetic Curve 100 10.0000 Synthetic Curve 1 3.9500 Synthetic Curve --------------------------- ICPM CALCULATION TOLERANCES Target Convergence= .000 cfs +/- Max. Iterations = 35 loops ICPM Time Step = .0500 hrs Output Time Step = .0500 hrs ICPM Ending Time = ------------------------------- 35 0000 hrs RNF ID ---------------- TypeIII 24hr TypeIII 24hr TypeIII 24hr MASTER NETWORK SUMMARY SCS Unit Hydrograph Method (*Node=Outfall; +Node=Diversion;) (Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt) Return HYG Vol Qpeak Node ID Type Event cu.ft Trun hrs _________________ DIRECT TO INFIL ____ AREA ______ 10 __________ __ 4828 -------- 12.1000 DIRECT TO INFIL AREA 100 8647 12.1000 DIRECT TO INFIL AREA 1 1949 12.1000 INFIL BASIN POND 10 18974 12.1000 INFIL BASIN POND 100 33295 12.1000 INFIL BASIN POND 1 9423 12.1500 SIN: Bentley PondPack (10.00.027.00) 1:18 PM Max Qpeak Max WSEL Pond Storage cfs ft cu.ft ________ ________ ____________ 1.38 2.42 .55 3.47 7.84 1.72 Bentley Systems, Inc. 11/4/2010 Type.... Master Network Summary Page 1.02 Name.... Watershed File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC ------------------------------- ICPM CALCULATION TOLERANCES ------------------------------- Target Convergence= .000 cfs +/- Max. Iterations = 35 loops ICPM Time Step = .0500 hrs Output Time Step = 0500 hrs ICPM Ending Time = ------------------------------- 35 0000 hrs MASTER NETWORK SUMMARY SCS Unit Hydrograph Method (*Node=Outfall; +Node=Diversion;) (Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt) Max Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage Node ID Type Event cu.ft Trun hrs cfs ft cu.ft ----------------- INFIL BASIN OUT ---- POND ------ 10 ---------- -- 0 --------- .0500 -------- .00 -------- 42.08 ------------ 6886 INFIL BASIN OUT POND 100 10118 12.3500 3.22 42.62 9070 INFIL BASIN OUT POND 1 0 .0500 .00 40.54 2135 *OUT OVERFLOW JCT 10 0 .0500 .00 *OUT OVERFLOW JCT 100 0 .0500 .00 *OUT OVERFLOW JCT 1 0 .0500 .00 *OUT PRE JCT 10 2702 12.1500 .40 *OUT PRE JCT 100 8450 12.1000 2.13 *OUT PRE JCT 1 165 14.7000 .00 *OUT TRENCH JCT 10 0 .0500 .00 *OUT TRENCH JCT 100 10118 12.3500 3.22 *OUT TRENCH JCT 1 0 .0500 .00 SITE POST AREA 10 13270 12.1000 3.65 SITE POST AREA 100 21859 12.1000 5.82 SITE POST AREA 1 6335 12.1000 1.80 SITE PRE AREA 10 2702 12.1500 .40 SITE PRE AREA 100 8450 12.1000 2.13 SITE PRE AREA 1 165 14.7000 .00 STORAGE POND 10 13270 12.1000 3.65 STORAGE POND 100 21859 12.1000 5.82 STORAGE POND 1 6335 12.1000 1.80 SIN: Bentley PondPack (10.00.027.00) 1:18 PM r �_ t� NOV 0 5 2010 Bentley Systems, Inc. 11/4/2010 Type.... Master Network Summary Page 1.03 Name.... Watershed File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\Pond Pack\Dollar Deneral OIB HC --------------------------- ICPM CALCULATION TOLERANCES Target Convergence= .000 cfs +/- Max. Iterations = 35 loops ICPM Time Step = .0500 hrs Output Time Step = .0500 hrs ICPM Ending Time = ------------------------------- 35.0000 hrs MASTER NETWORK SUMMARY SCS Unit Hydrograph Method (*Node=Outfall; +Node=Diversion;) (Trun= HYG Truncation: Blank=None; L=Left; R=Rt; LR=Left&Rt) Max Return HYG Vol Qpeak Qpeak Max WSEL Pond Storage Node ID Type Event cu.ft Trun hrs cfs ft cu.ft _________________ +STORAGE OUT ____ POND ______ 10 __________ __ 14146 _________ 12.2000 ________ 2.20 ________ 42.08 ____________ 2106 +STORAGE OUT POND 100 24648 12.1000 5.42 42.70 2120 +STORAGE OUT POND 1 7474 12.1500 1.24 40.54 1467 SIN: Bentley Systems, Inc. Bentley PondPack (10.00.027.00) 1:18 PM 11/4/2010 Type.... Design Storms Name.... Wilmington Page 2.01 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC Title... Pro3ect Date: 9/9/2010 Pro3ect Engineer: hfreeman Pro3ect Title: Watershed Project Comments: DESIGN STORMS SUMMARY Design Storm File,ID = Wilmington Storm Tag Name = 10 Data Type, File, ID = Synthetic Storm TypeIII 24hr Storm Frequency = 10 yr Total Rainfall Depth= 6.7200 in Duration Multiplier = 1 Resulting Duration = 24.0000 hrs Resulting Start Time= .0000 hrs Step= .1000 hrs End= 24.0000 hrs Storm Tag Name = 100 Data Type, File, ID = Synthetic Storm Storm Frequency = 100 yr Total Rainfall Depth= 10.0000 in Duration Multiplier = 1 Resulting Duration = 24.0000 hrs Resulting Start Time= .0000 hrs Step= Storm Tag Name = 1 Data Type, File, ID = Synthetic Storm Storm Frequency = 1 yr Total Rainfall Depth= 3.9500 in Duration Multiplier = 1 Resulting Duration = 24.0000 hrs Resulting Start Time= .0000 hrs Step= ----------------------------- TypeIII 24hr 1000 hrs End= 24.0000 hrs ----------------------------- TypeIII 24hr 1000 hrs End= 24.0000 hrs NOV 0 5 2010 BY: SIN: Bentley Systems, Inc. Bentley PondPack (10.00.027.00) 1:18 PM 11/4/2010 Type.... Tc Calcs Page 3.01 Name.... DIRECT TO INFIL File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC . ......................... ............. ............................... TIME OF CONCENTRATION CALCULATOR ........................................................................ . ...................................................................... Segment #1: Tc: User Defined ----------------------------------- SIN: Bentley PondPack (10.00.027.00) Segment #1 Time: .0830 hrs ------------------------------- ------------------------ Total Tc: .0830 his Calculated To < Min.TC: Use Minimum Tc... Use Tc = .0833 hrs 1:18 PM Bentley Systems, Inc. 11/4/2010 Type.... Tc Calcs Name.... DIRECT TO INFIL Page 3.02 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC --------------------------------------- Tc Equations used... --------------------------------------- ==== User Defined Tc = Value entered by user Where: Tc = Time of concentration NOV 0 5 2010 sx: S/N: Bentley Systems, Inc. Bentley PondPack (10.00.027.00) 1:18 PM 11/4/2010 Type.... Tc Calcs Page 3.03 Name.... SITE POST File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Doliar Deneral—OTB—HC TIME OF CONCENTRATION CALCULATOR ------------------------------------------------------------------------ Segment #1: Tc: User Defined Segment #1 Time: .0830 hrs ----------------------------------------------------------------- ------------------------ Total Tc: .0830 hrs Calculated Tc < Min.Tc: Use Minimum Tc... Use Tc = .0833 hrs SIN: Bentley PondPack (10.00.027.00) 1:18 PM Bentley Systems, Inc. 11/4/2010 Type.... Tc Calcs Name.... SITE POST Page 3.04 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC ----------------------------- Tc Equations used .. ----------------------------- -=== User Defined = _________=---- Tc = Value entered by user Where: Tc = Time of concentration NOV 0 5 2010 SIN: Bentley Systems, Inc. Bentley PondPack (10.00.027.00) 1:18 PM 11/4/2010 Type.... Tc Calcs Page 3.05 Name.... SITE PRE File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral—OIB—HC TIME OF CONCENTRATION CALCULATOR Segment #I: TC: User Defined Segment #1 Time: .0830 hrs ------------------------------------------------------------------------ --==== --------------- Total Tc: .0830 hrs Calculated Tc < Min.Tc: Use Minimum Tc... Use Tc = .0833 hrs SIN: Bentley PondPack (10 00.027.00) InVA1449 Bentley Systems, Inc. 11/4/2010 Type.... Tc Calcs Name.... SITE PRE Page 3.06 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC ------------------------------------------------------------ Tc Equations used... ------------------------------------------------------------ ==== User Defined =_____________________------------ ___________________ Tc = Value entered by user Where: Tc = Time of concentration NOV 0 5 2010 SIN: Bentley Systems, Inc. Bentley PondPack (10.00.027.00) 1:10 PM 11/4/2010 Type.... Runoff CN-Area Name.... DIRECT TO INFIL Page 4.01 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC RUNOFF CURVE NUMBER DATA . ........ .......................................................... .... ................................................. .................. ..... -------------------------------------------------------------------------- Impervious Area Adjustment Adjusted Soil/Surface Description CN acres %C 8UC CN -------------------------------- ------------- ----- ----- ------ Open space (Lawns,parks etc.) - Goo 39 .360 58.33 73.41 COMPOSITE AREA & WEIGHTED CN ---> .360 73.41 (73) SIN: Bentley PondPack (10.00 027.00) 1:18 PM Bentley Systems, Inc. 11/4/2010 Type.... Runoff CN-Area Name.... SITE POST Page 4.02 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC RUNOFF CURVE NUMBER DATA .................................. . ............................. ....... Impervious Area Adjustment Ad3usted Soil/Surface Description CN acres 9C 8UC CN -------------------------------- ---- --------- ----- Open space (Lawns,parks etc.) - Goo 39 .750 76.22 83.97 COMPOSITE AREA S WEIGHTED CN ---> .750 83.97 (84) ........................................................................... ................................................ .......................... SIN: Bentley PondPack (10.00.027.00) 1:18 PM Nov 0 6 2010 BY: Bentley Systems, Inc. 11/4/2010 Type.... Runoff CN-Area Name.... SITE PRE Page 4.03 File ... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC RUNOFF CURVE NUMBER DATA . ........................... ............................ ................ Impervious Area Adjustment Adjusted Soil/Surface Description CN acres %C 8UC CN -------------------------------- --- __ ----- Open space (Lawns,parks etc.) - Goo 39 1.110 39.00 COMPOSITE AREA 6 WEIGHTED CN ---> 1.110 39.00 (39) . ........................ ............................ .................... .......................................................................... SIN: Bentley PondPack (10.00 027.00) 1:18 PM Bentley Systems, Inc. 11/4/2010 Type.... Vol: Elev-Area Name.... INFIL BASIN Page 5.01 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral OIB HC Elevation Planimeter Area Al+A2+sgr(A1*A2) Volume Volume Sum (ft) (sq.1n) (sq.ft) (sq.ft) (cu.ft) (cu.ft) ----------------------------------------------------------------------- 39.50 ----- 1634 0 0 0 40.00 ----- 1795 5142 857 857 41.00 ----- 2948 7043 2348 3205 42.00 ----- 3772 10055 3352 6556 42.50 ----- 4205 11960 1993 8550 43.80 ----- 4205 12615 5466 14016 POND VOLUME EQUATIONS * Incremental volume computed by the Conic Method for Reservoir Volumes. Volume = (1/3) * (EL2-EL1) * (Areal + Area2 + sq.rt.(Areal*Areal)) where: EL1, EL2 = Lower and upper elevations of the increment Areal,Area2 = Areas computed for EL1, EL2, respectively Volume = Incremental volume between EL1 and EL2 S/N: Bentley PondPack (10.00.027.00) 1:18 PM NOV 0 5 2010 �V- Bentley Systems, Inc. 11/4/2010 Type.... Vol: Elev-Volume Name.... STORAGE Page 5.02 File.... K:\10\10-0360\100366-Dollar General Ocean Isle\H-H\PondPack\Dollar Deneral_OIB_HC USER DEFINED VOLUME RATING TABLE Elevation Volume (ft) (cu.ft) --------------------- 39.50 0 40.98 2079 43.80 2147 SIN: Bentley Systems, Inc. Bentley PondPack (10 00.027.00) 1:18 PM 11/4/2010 Appendix A A-1 Index of Starting Page Numbers for ID Names D ----- DIRECT TO INFIL... 3.01, 4.01 _____ I _____ INFIL BASIN... 5.01 S ----- SITE POST... 3.03, 4.02 SITE PRE... 3.05, 4.03 STORAGE... 5.02 _____ W ----- Watershed ... 1.01 Wilmington... 2.01 SIN: Bentley PondPack (10.00.027.00) 1=9.009 NOV 0 5 2010 BY: Bentley Systems, Inc. 11/4/2010 PURCHASE AND SALE AGREEMENT THIS AGREEMENT is made and entered into this = day of July , 2010, by and among Fred R David and wife, Joy H David, North Carolina residents (herein collectively called "Seller"); and Par 5 Development Group, L.L.C., a North Carolina limited liability company (herein called "Buyer") WITNESSFTH 1. Agreement to Sell and Purchase. For and in consideration of the Earnest Money, to be paid by Buyer to Escrow Agent, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Seller and Buyer, Seller hereby agrees to sell and convey to Buyei, mid Buyer hereby agrees to purchase and take from Seller, subject to and in accordance with all of the terms and conditions of this Agreement, the following - (a) All that certain lot, tract or parcel of real estate more particularly described on Exhibit "A" attached hereto, together with all rights, ways and easements appurtenant thereto, including, without limitation, all of Seller's nght, title and interest in and to the land underlying any public or private ways or streets crossing or abutting said real estate (herein collectively called the "Land"), (b) All, if any, buildings, structures and other improvements of any and every nature located on the Land and all fixtures attached or affixed, actually or constructively, to the Land or to any such buildings, structures or other improvements (herein collectively called the "Improvements"), and (c) All of the right, title, interest, powers, privileges, benefits and options of Seller, or otherwise accruing to the owner of the Property, in and to (i) any impact fee credits with, or impact fee payments to, any county or municipality in which the Land is located arising from any construction of improvements, or dedication or contribution of property, by Seller, or its predecessor in title or interest, related to the Land, (if) any development rights, allocations of development density or other similar rights allocated to or attributable to the Land or the Improvements, acid (III) any utility capacity allocated to or attributable to the Land of the Improvements, whether the matters described in the preceding clauses (i), (if) and (iii) anse under or pursuant to governmental requirements, administrative or formal action by governmental authorities, or agreement with governmental authorities or third parties (herein called die "Entitlements") (d) The matters described in this paragraph 1 are herein sometimes collectively called the "Property" 2. Purchase Price: Method of Payment The purchase price for the Property (herein called the "Purchase Price"), shall be Three Hundred Thousand Dollars (S300,000.00). The Purchase Price shall be paid by Buyer to Sellei on the Closing Date as follows: (a) The remaining balance of the Purchase Price, after crediting the Earnest Money, and subject to the proration and adjustments herein described, shall be paid by Buyer to Seller either by (i) a cashiei's check of a national bank with an office in Pmehurst, North Carolina (or such other banking institution as Seller may approve in writing); or (if) by wire delivery of funds through the Federal Reserve System to an account designated in writing by Seger; (b) Notwithstanding the foregoing, in the event that Seller advises Buyer that Seller is a "Foreign Person" (as defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, herein called the "Code"), or in the event that Seller fads or refuses to deliver the certificate and affidavit of non - foreign status described in paragraph 9(a) of this Agreement, or in the event that Buyer receives notice fiom any Seller -transferor's agent or Buyer -transferee's agent (as each of such terns are defined in the Code), or Buyer has actual knowledge that, such certificate and affidavit is false, Buyer shall deduct and withhold from the Purchase Price a tax equal to ten percent (10%) of the Purchase Price, as required by Section 1445 of the Code Buyer shall remit such amount to, and file the required form with, the Internal Revenue Service, and Buyer shall receive a credit against the Purchase Price for the amount so withheld. Page of 15 3. Earnest Money (a) On or before the date three (3) business days after the Effective Date, Buyer shall deliver to Robbins May & Rich LLP, ("Escrow Agent") the sum of One Thousand Dollars ($1,000.00) (which sum, together with all interest actually earned thereon during the term of this Agreement, is herein called the "Earnest Money") (b) Throughout the term of this Agreement, Escrow Agent shall hold and disburse the Earnest Money in accordance with the terns and conditions of this Agreement, and to invest the Earnest Money with a national bank whose depositors are insured by the Federal Deposit Insurance Corporation or other financial institutions located in Pmehurst, North Carolina as are reasonably acceptable to Buyer (c) Seller and Buyer hereby acknowledge that Robbins May & Rich LLP is Attorney for the Buyer and as an accommodation to Buyer is acting as the Escrow Agent under this Agreement Robbins May & Rich LLP accepts such designation and appointment and agrees to act in accordance with the terms of this Purchase and Sale Agreement ONLY UNDER THE FOLLOWING CONDITIONS - It is hereby expressly understood and agreed that in the event a conflict should arise as between Seller and Buyer, Escrow Agent shall continue to act as attorney for Buyer, and Seller hereby waives any and all claims it may have to object to such continued representation. Seller and Buyer agree (a) that Escrow Agent shall be a stakeholder only and not liable for any losses, costs or damages it may incur in performing its responsibilities hereunder (b) that no releases or disbursements shall be made hereunder except upon consistent written instructions from both Seller and Purchaser or their successors or assigns; and (c) that in the event of a dispute hereunder between Seller and Purchaser (or their successors or assigns), Escrow Agent shall have the right, exercisable in its sole discretion, to be discharged by tendering unto the registry or custody of any court of competent jurisdiction, the funds held by Escrow Agent, together with any such legal pleadings as it deems appropriate Escrow Agent shall be indemnified saved and held harmless by the Seller and Buyer for all of its expenses, costs and reasonable attorneys fees incurred in connection with said mterpleader action (d) On the Closing Date, the Earnest Money will be applied as part payment of the Purchase Price q. Closing. The closing of the purchase and sale of the Property (herein called "Closing"), shall be held at the offices of Robbins May & Rich LLP within 10 business days after Buyer has satisfied the conditions specified in Section 12 below (herein called the "Closing Date"), provided however in the event Closing has not taken place by October 30.2010, Buyer shall have the right to, at Buyer's option, terminate this Agieement by giving written notice thereof to Seller on or before the Due Diligence Date, in which event the Earnest Money shall be refunded to Buyer immediately upon request, all rights and obligations of the parties under this Agreement shall expire, and this Agreement shall become null and void 5. Access and In tion Delivery of DGcumgnts and Information by Seller; Examination by Buyer (a) Between the date of this Agreement and the Closing Date, Buyer and Buyer's agents and designees shall have the right to enter the Property for the purposes of inspecting the Property, conducting sod tests, and making surveys, mechanical and structural engineering studies, environmental assessments, and any other investigations and inspections as Buyer may reasonably require to assess the condition of the Property, provided, however, that such activities by or on behalf of Buyer on the Property shall not materially damage the Property; and rnp,. vided further, however. that Buyer shall indemnify and hold Seller harmless from and against any and all claims for injury to person or damage to property, to the extent directly resulting from the activities of Buyer or Buyer's agents or designees on the Property, gxcludiag, however; claims arising out of the discovery of, or the non -negligent accidental or inadvertent release of, any Pollutants resulting from Buyer's investigations (unless the Pollutants are brought onto the Property by Buyer or Buyer's agents, employees, consultants or contractors). (b) On or before the date August 6 2010 (7) days after the Effective Date, Seller shall deliver to Buyer, if not previously delivered, or make available to Buyer for examination or copying by Buyer, at the address for Buyer set forth below Buyer's execution of this Agreement, the following documents and information with respect to the Property: Page of 15 n • il N01 o BY: ,�`,v (r) All surveys, plans, specifications, environmental, engineering and mechanical data relating to the Property, and reports such as soils reports and environmental audits, which are in Seller's possession or which Seller can obtain with reasonable effort, AJ No t° pC rise to Seller) 00 All real property and other ad valorem tax bills and utility bills regarding the Prope r the fwo- yeat period preceding the date of this Agreement; VIO 9/1116 (in) True, correct and complete copies of all documents and correspondence relating to the Entitlements; and, (iv) A copy of any policy of title insurance issued in favor of Seller, together with legible copies of all instruments referenced therein (c) Buyer shall have until October 30 , 2010 (herein called the "Due Diligence Date") in which to examine and investigate the Property, and to determine whether the Property is suitable and satisfactory to Buyer, and whether the Property can be developed in a manner that is economically feasible and otherwise suitable and satisfactory to Buyer. In the event that Buyer shall determine, in Buyer's sole and absolute judgment and discretion, that the Property is in any manner unsuitable or unsatisfactory to Buyer, or the Property can be developed in a manner that is economically feasible and otherwise suitable and satisfactory to Buyer that Buyer shall have the right, at Buyer's option, to terminate this Agreement by giving written notice thereof to Seller on or before the Due Diligence Date, in which event the Earnest Money shall be refunded to Buyer immediately upon request, all rights and obligations of the panes under this Agreement shall expire, and this Agreement shall become null and void Seller acknowledges that Buyer will expend time, money and other resources in connection with the examination and investigation of the Property heremabove described, and that, notwithstanding the fact that Buyer may terminate this Agreement pursuant to this paragraph, such time, money and other resources expended, together with the payment of the portion of the Earnest Money heremabove described to be paid to Seller in the event of a termination of this Agreement, constitute good, valuable, sufficient and adequate consideration for Seller's execution of and entry into this Agreement. If Buyer gives Escrow Agent notice of Buyer's having elected to terminate this Agreement pursuant to this subparagraph (c), then, (I) Escrow Agent shall be, and is hereby, absolutely, unconditionally and irrevocably authorized, directed and instructed to disburse the Earnest Money as set forth in this subparagraph (c) immediately upon receipt of a copy of such notice, without any inquiry as to the propriety, effectiveness or timeliness of such termination and without the requirement of any further authorization, direction or instruction from either Seller or Buyer, and (ii) Seller covenants and agrees not to delay, hinder or impede in any manner whatsoever the disbursement of the Earnest Money as set forth in this subparagraph (c). Prorations and Adiustments to Purehase Price (a) The following promtions and adjustments shall be made between Buyer and Seller at Closing, or thereafter if Buyer and Sellei shall agree. (i) All city, state and county ad valorem taxes and similar impositions levied or imposed upon or assessed against the Property (herein called the "Taxes"), for the year in which Closing occurs shall be prorated as of the Closing Date on a calendar year basis In the event Seller has paid only a portion of the Taxes billed for the year in which Closing occurs due to the pendency of a protest of such Taxes, then, in connection with Closing, Seller shall deposit with Escrow Agent an amount equal to Seller's pro rate share of the resulting underpayment Any such deposit with Escrow Agent shall be held in escrow by Escrow Agent pending final resolution of such protest, pursuant to escrow instructions reasonably acceptable in form and substance to Buyer, Seller, Escrow Agent and their respective counsel In the event that, after the Closing Date, any additional Taxes are levied, imposed upon or assessed against the Property for periods prior to the Closing Date, Buyer shall give Seller written notice of such Taxes, and Seller sliall be responsible for payment of such additional Taxes in full within the time fixed for payment thereof and before the same become delinquent Without limiting the obligations of Seller pursuant to the immediately preceding sentence, Seller shall, and does hereby, indemnify, defend and hold harmless Buyer from and Page of 15 NOV 0 5 2010 L : against any such additional Taxes (including all interest and penalties assessed or imposed in connection therewith) relating to periods prior to the Closing Date (ri) Any other items which are customarily prorated in connection with the purchase and sale of properties similar to the Property shall be prorated as of the Closing Date. (tit) In the event that the amount of any item to be prorated is not determinable at the time of Closing, such proration shall be made on the basis of the best available information, and the parties shall re - prorate such item promptly upon receipt of the applicable bills therefor and shall make between themselves any equitable adjustment required by reason of any difference between the estimated amount used as a basis for the proration at Closing and the actual amount subject to proration. In the event any prorated item is due and payable at the time of Closing, the same shall be paid at Closing. If any prorated item is not paid at Closing, Seller shall deliver to Buyer the bills therefor promptly upon receipt thereof and Buyer shall be responsible for the payment m full thereof within the time fixed for payment thereof and before the same shall become delinquent (b) Except as expressly set forth in this Agreement, Buyer shall not assume any liability, indebtedness. duty or obligation of Seller of any kind or nature whatsoever, and Seller shall pay, satisfy and perform all of the same 7. Till€ (a) Seller covenants to convey to Buyer at Closing good and marketable fee simple title in and to the Property For the purposes of this Agreement, "good and marketable fee simple title" shall mean fee simple ownership which rs: (i) free of all claims, liens and encumbrances of any kind or nature whatsoever other than the Permitted Exceptions. herein defined, and (i) insurable by a title insurance company reasonably acceptable to Buyer, at then current standard rates under the standard form of ALTA owner's policy of title insurance (ALTA Form B-1992), with the standard or printed exceptions therein deleted and without exception other than for the Permitted Exceptions For the purposes of this Agreement, the term "Permitted Exceptions" shall mean: (A) current city, state and county ad valorem taxes not yet due and payable; (B) easements for the installation or maintenance of public utilities serving only the Property; (C) any other matters specified on Exhibit "B" attached hereto. (b) Buyer shall have until the Due Diligence Date in which to examine title to the Property and in which to give Seller written notice of objections which render Seller's title less than good and marketable fee simple title. Thereafter, Buyer shall have until the Closing Date in which to reexamine title to the Property and in which to give Seller written notice of any additional objections disclosed by such reexamination Seller shall have until ten (10) days prior to the Closing Date in which to satisfy all objections specified in Buyer's initial notice of title objections, or agree to satisfy any such objections that can only be satisfied at Closing, and until the Closing Date in which to satisfy all objections specified in any subsequent notice by Buyer of title objections If Seller fails so to satisfy any such objections, then, at the option of Buyer, Buyer may (i) terminate this Agreement, in which event the Earnest Money shall be refunded to Buyer immediately upon request, all rights and obligations of Seller and Buyer under this Agreement shall expire, and this Agreement shall become null and void; or (d) satisfy the objections, after deducting from the Purchase Price the cost of satisfying objections which can be satisfied by the payment of money. or (iii) waive such satisfaction and performance and consummate the purchase and sale of the Property, or (iv) extend the Closing Date for a period of up to ninety (90) days, during which time Seller shall cure such title objections, or (v) exercise such rights and remedies as may be provided for or allowed by law or in equity. In the event of an extension of the Closing Date by Buyer under clause (iv), above, and a subsequent failure of Seller to cure any such title objection, Buyer may then elect among the alternatives specified in clauses (i), (is), (iii) and (v), above S. S', urvev Buyer shall have the right to cause a survey of the Property to be prepared by a surveyor registered and licensed in the State of North Carolina and designated by Buyer, which survey shall depict such information as Buyer shall require Upon completion of a plat of the survey, Buyer shall furnish Seller with a copy thereof The survey shall be used as the basis for the preparation of the legal description to be included in the general warranty deed to be delivered by Seller to Buyer at Closing. Page of 15 NOV1�52010 EX:�_ 9. Proceedings at Closing. On the Closing Date, the Closing shall take place as follows (a) Seller shall deliver to Buyer the following documents and instruments, duly executed by or on behalf of Seller (1) a General Warranty Deed. in recordable fomt, as approved by Buyer or Buyer's counsel, (u) If applicable, an Assignment, in a form approved by Buyer or Buyer's counsel, transferring and assigning the Entitlements; (in) if Seller is not a Foreign Person, a Certificate and Affidavit of Non -Foreign Status, (iv) a completed 1099-5 request for taxpayer identification number and certification, and acknowledgment, (v) a certificate, in form and substance satisfactory to counsel for Buyer, to the effect that the representations and warranties of Seller in this Agreement are true and correct on and as of the Closing Date; (VI) If necessary, a quitclaim deed conveying all of Seller's right, title and interest in and to the Property either, at Buyer's option, in accordance with the legal description of the Land set forth on Exhibit "A" attached hereto, or in accordance with the legal description prepared from the survey of the Land to be obtained pursuant to this Agreement, and (vii) an affidavit and indemnity agreement in standard form regarding contractor's and materialmen's liens on the Property acceptable to Buyer's title insurer. (b) Seller shall deliver to Buyer the following items, if the same have not been theretofore delivered by Seller to Buyer (i) Evidence in form and substance reasonably satisfactory to Buyer that Seller has the power and authority to execute and enter into this Agreement and to consummate the purchase and sale of the Property, and that any and all actions required to authorize and approve the execution of and entry into this Agreement by Seller, the performance by Seller of all of Sellet's duties and obligations under this Agreement, and the execution and delivery by Seller of all documents and other items to be executed and delivered to Buyer at Closing, have been accomplished; and (ii) To the extent the same are in the possession of Seller on the date of Seller's execution of this Agreement, or reasonably can be obtained by Seller prior to Closing, all prior surveys of the Land or any portion thereof and all plans and specifications for any of the Improvements (uQ Buyer shall pay the remainder of the Purchase Price, after crediting the Earnest Money and making the adjustments and prorations provided for in this Agreement, to Seller in accordance with the provisions of this Agreement. 10. Costs of Closing. Seller shall pay the transfer tax payable on the transfer of the Property, all recording costs and other costs relating to any title clearance matters and Seller's attorneys' fees Buyer shall pay all recording costs relating to the purchase by Buyer of the Property, the cost of any survey obtained pursuant to paragraph 9 hereof, the premium for any owner's policy of title insurance issued in favor of Buyer insuring Buyer's title to the Property and Buyer's attorneys' fees All other costs and expenses of the transaction contemplated hereby shall be borne by the party incurring the same. Page of 15 NO I C 6 201O Ii. Warranties Rellresentat*ons and Additional Covenants of Seller. Seller represents, warrants and covenants to and with Buyer, knowing that Buyer is relying on each such representation, warranty and covenant, that (a) Seller has the lawful right, power, authority and capacity to sell the Property in accordance with the terms, provisions and conditions of this Agreement (b) There are no actions, suits or proceedings pending or threatened against, by or affecting Seller which affect title to the Property or which question the validity or enforceability of this Agreement or of any action taken by Seller under this Agreement, in any court or before any governmental authority, domestic or foreign- (c) The execution of and entry into this Agreement, the execution and delivery of the documents and instruments to be executed and delivered by Seller on the Closing Date, and the performance by Seller of Seller's duties and obligations under this Agreement and of all other acts necessary and appropnate for the full consummation of the purchase and sale of the Property as contemplated by and provided for in this Agreement, are consistent with and not in violation of, and will not create any adverse condition under, any contract, agreement or other instrument to which Seller is a party, any judicial order or judgment of any nature by which Seller is bound, and this Agreement, and the covenants and agreements of Seller under this Agreement, are the valid and binding obligations of Seller, enforceable in accordance with then terms (d) All necessary action has been taken by Seller authorizing and approving the execution of and entry into this Agreement, the execution and delivery by Seller of the documents and instruments to be executed and delivered by Seller on the Closing Date, and the performance by Seller of Seller's duties and obligations under this Agreement and of all other acts necessary acid appropriate for the consummation of the purchase and sale of the Property as contemplated by and provided for in this Agreement. (e) Seller has "good and marketable fee simple title" as defined herein, to the Property, subject to the hens and security interests securing loans to Seller that will be paid in full, satisfied and canceled at Closing (f) On the Closing Date, either (A) there will be no indebtedness to any contractor, laborer, mechanic, matenalman, architect, engineer or any other person for work, labor or services performed or rendered, or for materials supplied or furnished, in connection with the Property for which any such person could claim a hen against the Property, or (B) will provide at Closing such assurances, and collateral therefor, as Buyer's title insurer requires to insure Buyer's title to the Property without exception therefor (g) There are no encroachments on the Land, and the Improvements are situated entirely within the boundaries of the Land and within applicable building lines. (h) Seller will pay or cause to be paid promptly when due all city, state and county ad valorem taxes and similar taxes and assessments, all sewer and water charges and all other governmental charges levied or imposed upon or assessed against the Property between the date hereof and the Closing Date, and will pay or cause to be paid all expenses incurred in the use, occupancy and operation of the Property between the date hereof and the Closing Date (i) The Land is zoned in the zoning classification -C,d_ under the applicable zoning ordinance of Ocean Isle 0) No portion of the Land is located within any Special Flood Hazard Area designated by the Federal Emergency Management Agency, or in any area similarly designated by any agency of any other governmental authority, no portion of The Land meets the definition of "wetlands" codified at 40 C.F.R. part 230 3(t), or has been similarly designated by any agency of any governmental authority, and no portion of the Land constitutes "wetlands" that have been filled, whether or not pursuant to appropriate permits. (k) No portion of the Land is subject to any other classification, designation or preliminary determination of any agency of any federal, state or local government, or pursuant to any federal, state or local law, which would restrict the use, development, occupancy or operation of the Property, including, without limitation, any designation Page of 15NG d e 5 210L or classification as an archeological site, any classification or determination under the Endangered Species Act, or any designation as an historical site (1) The Property is not subject to any use, development or occupancy restrictions (except those imposed by applicable zoning and subdivision laws and regulations and the Existing Leases), special taxes and assessments or utility "tap -in" fees (except those generally applicable throughout the tax district in which the Property is located), or charges or restrictions, whether existing of record or arising by operation of law, unrecorded agreement, the passage of time or otherwise (other than the Permitted Exceptions). (m) No portion of the Property is used or has ever been used for the storage, processing, treatment or disposal of Pollutants; the Improvements do not contain, nor have they ever contained, Pollutants; no Pollutants have been released, introduced, spilled, discharged of disposed of, nor has there been a threat of release, introduction, spill, discharge or disposal of a Pollutant, on, in, or under the Property, there are no pending claims, administrative proceedings, judgments, declarations, or orders, whether actual or threatened, relating to the presence of Pollutants on, in or under die Property; the Property is in compliance with all federal, state and local laws, regulations, orders and requirements regarding the regulation of Pollutants; to the best of Seller s knowledge, no Pollutants have been released, introduced, spilled, discharged or disposed of on, in or under any adjacent property, and there are no underground storage tanks located on or in the Property. As used in this Agreement. "Pollutants" means any material or substance, or combination of materials or substances, which by reason of quantity, concentration, composition, or characteristic is or in the future becomes regulated under any federal, state or local environmental or common law, role, regulation, ordinance or requirement, as may be amended, replaced or superseded, (n) The Land constitutes either a previously subdivided lot in compliance with applicable subdivision regulations and similar governmental requirements, or was created in a manner not subject thereto, and no subdivision filing or approval or similar governmental filing or approval is required for the conveyance of the Property at Closing; (o) The Property is not and has not been subject to any exemption from ad valorem taxes that will result in imposition of any tax or penalty upon the transfer of title at Closing or any change in use of the Property, (p) The Property is not in violation of, is not otherwise in violation of, and Seller has received no notice of any violations or potential violation of. any zonin,building, health, environmental or other laws, codes, ordinances, regulations, orders or requirements of any city, county, state or other govemmental authority having jurisdiction thereof, or any private restrictive covenants affecting the Property, (q) There are no pending, threatened or contemplated condemnation actions involving all or any portion of the Property; and, to the best of Seller's knowledge and belief, there are no existing, proposed or contemplated plans to widen, modify or realign any public rights -of -way located adjacent to any portion of the Land; (r) All utilities (including, without limitation, water, storm and sanitary sewer, electricity, gas, telephone and cable television) are available on the Laird through private easements or properly dedicated public easements in capacities sufficient to serve and operate the Property; (s) Access to the Land from streets and roads adjoining the Land is not limited or restricted, (t) There are no management, maintenance, service or other contracts with respect to the Property, (u) Between the date heieof and the Closing Date, Seller shall not make or enter into any lease or other agreement for the use, occupancy or possession of all or any part of the Property without the prior written approval of Buyer, (v) There are no leases or other agreements for use, occupancy or possession presently in force with respect to all or any portion of the Property, (w) All information and data furnished by Seller to Buyer with respect to the Property will be true, correct, complete and not misleading, Page of 15 n� � c 5 2010 (x) Seller acknowledges and agrees that no examination o investigation of the Property or of the operation of the Property by or on behalf of Buyer prior to Closing shall in any way modify, affect or diminish Seller's obligations under the representations, warranties, covenants and agreements set forth in this Agreement 12. Conditions of Buyer's Obligations. Buyer's obligation to consummate the purchase and sale of the Property on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions, any one or more of which may be waived in writing by Buyer, in whole or in part, on or as of the Closing Date (a) Seller shall have fully and completely kept, observed, performed, satisfied and complied with all terms, covenants, conditions, agreements, requirements restnetions and provisions required by this Agreement to be kept, observed, performed, satisfied or complied with by Seller before, on or as of the Closing Date; (b) The representations and warranties of Seller in this Agreement (and the substantive facts contained in any representations and warranties limited to Seller's knowledge and belief) shall be true and correct, and certified by Seller to Buyer as such, on and as of the Closing Date, in the same manner and with the same effect as though such representations and warranties had been made on and as of the Closing Date, and, (c) Buyer shall not have terminated this Agreement pursuant to an express right so to terminate set forth in this Agreement, and, (d) Buyer shall have received an executed lease with its proposed tenant for the lease of the Property, and, (e) Buyer shall be in possession of a budding permit from the appropriate governmental authority for the construction of Buyer's proposed improvements; and, (f) If any of the foregoing conditions have not been satisfied or performed or waived in writing by Buyer on or as of the Closing Date, Buyer shall have the right, at Buyer's option. either. (i) to terminate this Agreement by giving written notice to Seller on or before the Closing Date, in which event all rights and obligations of Seller and Buyer under this Agreement shall expire, and this Agreement shall become null and void, or (ii) if such failure of condition constitutes a breach of representation or warranty by Seller, constitutes a failure by Seller to perform any of the terms, covenants, conditions, agreements, requirements, restrictions or provisions of this Agreement, or otherwise constitutes a default by Seller under this Agreement, to exercise such rights and remedies as may be provided for in paragraph 14 of this Agreement In either of such events, the Earnest Money shall be refunded to Buyer immediately upon request 13. Possession at Closing, Seller shall surrender possession of the Property to Buyer on the Closing Date 14. Remedies (a) if the purchase and sale of the Property is not consummated in accordance with the terms and conditions of this Agreement due to circumstances or conditions which constitute a default by Buyer under this Agreement, the Earnest Money shall be delivered to Seller as full liquidated damages for such default Seller and Buyer acknowledge that Seller's actual damages in the event of a default by Buyer under this Agreement will be difficult to ascertain, that such liquidated damages represent the Seller's and Buyer's best estimate of such damages, and that Seller and Buyer believe such liquidated damages are a reasonable estimate of such damages Seller and Buyer expressly acknowledge that the foregoing liquidated damages are intended not as a penalty, but as full liquidated damages in the event of Buyer's default and as compensation for Seller's taking the Property off the market during the term of this Agreement Such delivery of the Earnest Money shall be the sole and exclusive remedy of Seller by reason of a default by Buyer under this Agreement, and Seller hereby waives and releases any right to sue Buyer, and hereby covenants not to sue Buyer, for specific performance of this Agreement or to prove that Seller's actual damages exceed the Earnest Money which is herein provided Seller as full liquidated damages. (b) If (i) any representation or warranty of Seller set forth in this Agreement shall prove to be untrue or incorrect in any respect, or (ii) Seller shall fail to keep, observe, perform, satisfy or comply with, fully and completely, any of the terms, covenants, conditions, agreements, requitments, restrictions or provisions required by � V Page of 15 7NOV C0 6 2010 BY:�- this Agreement to be kept, observed, performed, satisfied or compiled with by Seller, or (iii) the purchase and sale of the Property is otherwise not consummated in accordance with the terms and provisions of this Agreement due to circumstances or conditions which constitute a default by Seller under this Agreement (the matters described in the foregoing clauses (i), (6) and (iii) are herein sometimes collectively called "Seller Defaults"), the Earnest Money shall be refunded to Buyer immediately upon request, and Buyer may exercise such rights and remedies as may be provided for in this Agreement or as may be provided for or allowed by law or in equity. Seller hereby acknowledges that Buyer's remedies in the event of the occurrence of any of the Seller Defaults shalt specifically include, without limitation, the right to seek, prove and recover (to the extent proven) monetary damages from Seller in an amount equal to all actual out-of-pocket costs and expenses paid or incurred by Buyer in connection with its execution of and entry into this Agreement and its proposed acquisition of the Property, including, without limitation, (A) attorney's fees and disbursements in connection with the negotiation and execution of this Agreement, the examination of title to the Property, and any other legal mattes undertaken by Buyer pertaining to the Property and (B) any examinations, investigations, tests and inspections, undertaken by Buyer with respect to the Property 15. Indemnification. Seller shall, and does heteby, indemnify, defend and hold Buyer harmless from, against and in respect of (i) physical injury to or the death of persons or damage to property occurring prior to and including the Closing Date (x) on or in the Property, or (y) in any manner arising out of, by reason of or in connection with the use, occupancy or operation of the Property, (it) any matter arising out of, by reason of or with respect to the ownership or operation of the Property prior to and including the Closing Date, (iii) any breach by Seller of any representation or warranty under this Agreement, (iv) any and all actions, causes of action, suits, claims, demands, judgments, hens, proceedings and investigations (or any appeal thereof or relative thereto or other review thereof), of any kind or nature whatsoever, arising out of, by reason of, as a result of or in connection with any of the matters covered by the immediately preceding clauses (i), (u) or (iii), and (iv) any and all liabilities, damages, losses, costs, expenses (including counsel fees and expenses and disbursements of counsel), amounts of judgment, assessments, fines or penalties, and amounts paid in compromise or settlement, suffered, incurred or sustained by Buyer on account of, by reason of, as a result of or in connection with any of the matters covered by the immediately preceding clauses (i), (ii) (iii) or (iv). 16. Risk of Loss and insurance Between the date of this Agreement and Closing, the risks and obligations of ownership and loss of the Property and the correlative rights against insurance carriers and third parties shall belong to Sellet In the event of the damage or destruction of any portion of the Property prior to Closing, Buyer shall have the right, at Buyer's option, to terminate this Agreement by giving written notice thereof to Seller prior to Closing, in which event the Earnest Money shall be refunded to Buyers immediately upon request, all rights and obligations of Seller and Buyer under this Agreement shall expire, and this Agieement shall become null and void If Buyer does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any insurance proceeds received by Seller prior to Closing by reason of such damage or destruction and by the amount of any deductible applicable to the policy of insurance, and, at Closing, Seller shall assign to Buyer all insurance proceeds to be paid or to become payable after Closing by reason of such damage or destruction 17. Condemnation. In the event of the taking of all or any part of the Property by eminent domain proceedings, or the commencement or bona fide threat of the commencement of any such proceedings, prior to Closing, Buyer shall have the right, at Buyer's option, to terminate this Agreement by giving written notice thereof to Seller prior to Closing, in which event the Earnest Money shall be refunded to Buyer immediately upon request, all rights and obligations of Seller and Buyer under this Agreement shall expire, and this Agreement shall become null and void If Buyer does not so terminate this Agreement, the Purchase Price shall be reduced by the total of any awards or other proceeds received by Seller prior to Closing with respect to any taking, and, at Closing, Seller shall assign to Buyers all rights of Seller in and to any awards or other proceeds to be paid or to become payable after Closing by reason of any taking Seller shall notify Buyer of eminent domain proceedings within five (5) days after Seller learns thereof 18. Broker and Commission All negotiations relative to this Agreement and the purchase and sale of the Property as contemplated by and provided for in this Agieement have been conducted by and between Seller and Buyer without the intervention of any person or other party as agent or broker, with the exception of N/A ("Broker") Seller and Buyer warrant and represent to each other that other than with regard to Broker, Seller and Buyer have not entered into any agreement or arrangement and have not received services from any broker or broker's employees or independent contractors, and there are and will be no broker's commissions or fees payable in connection with this Agreement or the purchase and sale Page of 15 NOJ052110 gu;_--- of the Property by reason of their respective dealings, negotiations or communications except the commission payable to Broker by Seller 19. Further Assurances: Survival. At Closing, and from time to time thereafter. Seller shall do all such additional and further acts, and shall execute and deliver all such additional and further deeds, affidavits, instruments, certificates and documents, as Buyer, Buyer's counsel or Buyer's title insurer may reasonably require fully to vest in and assure to Buyer full right, title and interest in and to the Property to the full extent contemplated by this Agreement and otherwise to effectuate the purchase and sale of the Property as contemplated by and provided for in this Agreement All the provisions of this Agreement (including, without limitation, the representations, covenants and warranties of Seller as set forth in this Agreement), shall survive the consummation of the purchase and sale of the Property on the Closing Date, the delivery of the deed to Buyer and the payment of the Purchase Price. Notwithstanding any provision of this Agreement to the contrary, the indemnification provisions of paragraphs 5,15 and IS of this Agreement shall survive any termination of this Agreement 20. General Provisions. (a) Notices. Whenever any notice, demand or request is required or permitted under this Agreement, such notice, demand or request shall be in writing and shall be delivered by hand, be sent by registered or certified mail, postage prepaid, return receipt requested, or be sent by nationally recognized commercial courier for next business day delivery, to the addresses set forth below their respective executions hereof, or to such other addresses as are specified by written notice given in accordance herewith, or shall be transmitted by facsumle to the number for each parry set forth below their respective executions hereof, or to such other numbers as are specified by written notice given in accordance herewith. All notices, demands or requests delivered by hand shall be deemed given upon the date so delivered, those given by mailing as hereinabove provided shall be deemed given on the date of deposit in the United States Mail, those given by commercial courier as hereinabove provided shall be deemed given on the date of deposit with the commercial courier; and those given by facsimile shall be deemed given on the date of facsimile transmittal. Nonetheless, the time period, if any, in which a response to any notice, demand or request must be given shall commence to run from the date of receipt of the notice, demand or request by the addressee thereof. Any notice, demand or request not received because of changed address or facsimile number of which no notice was given as hereinabove provided or because of refusal to accept delivery shall be deemed received by the party to whom addressed on the date of hand delivery, on the date of facsimile transmittal, on the first calendar day after deposit with commercial courier, or on the third calendar day following deposit in the United States Mail, as the case may be (b) Facsimile as Writing The parties expressly acknowledge and agree that, notwithstanding any statutory or decisional law to the contrary, the printed product of a facsimile transmittal shall be deemed to be "written" and a "writing" for all purposes of this Agreement (c) Assignment: Parties. This Agreement may be assigned by Buyer, in whole or in pan, and any such assignment shall relieve Buyer of liability for the performance of Buyer's duties and obligations under this Agreement to the extent of such assignment This Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, Buyer and Seller and their respective, legal representatives, successors and assigns (d) Headings, The use of headings, captions and numbers in this Agreement is solely for the convenience of identifying and indexing the various provisions in this Agreement and shall in no event be considered otherwise in construing or interpreting any provision in this Agi eement (e) Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall ever be held to be invalid or unenforceable, then in each such event the remainder of this Agreement or the application of such term, covenant, condition or provision to any other person or any other circumstance (other than those as to which it shall be invalid or unenforceable) shall not be thereby affected, and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law (t) Non -Waiver. Failure by any party to complain of any action, non -action or breach of any other party shall not constitute a waiver of any aggrieved party's rights hereunder Waiver by any party of any right arising from any Page of 15 <_ �-L V �✓ 1,,U l C 5 2010 By: breach of any other party shall not constitute a waiver of any other right arising from a subsequent breach of the same obligation or for any other default, past, present or future- (g) $tyhts Cumulative All rights, remedies, primers and privileges conferred undet this Agreement on the patties shall be cumulative of and in addition to, but not restrictive of or in lieu of, those conferred by law (h) Time of Essence: Dates. Time is of the essence of this Agreement Anywhere a day certain is stated for payment or for performance of any obligation, the day certain so stated enters into and becomes a part of the consider anon for this Agreement. If any date set forth in this Agreement shall fall on, or any time period set froth in this Agreement shall expire on, a day which is a Saturday, Sunday, federal or state holiday, or other non -business day, such date shall automatically be extended to, and the expiration of such time period shall automatically to be extended to, the next day which is not a Saturday, Sunday, federal or state holiday or other non -business day. The final day of any time period under this Agreement or any deadline under this Agreement shall be the specified day or date, and shall include the period of time through and including such specified day or date All references to the "Effective Date" shall be deemed to refer to the later of the date of Buyer's or Seller's execution of this Agreement, as indicated below their executions hereon (r) Aonlicable Law. This Agreement shall be governed by, construed under and interpreted and enforced in accordance with the laws of the State of North Carolina ,0) Fntire Agreement: Modification. This Agreement supersedes all prior discussions and agreements among Seller and Buyer with respect to the purchase and sale of the Property and other matters contained herein, and this Agreement contains the sole and entire understanding among Seller and Buyer with respect thereto This Agreement shall not be modified or amended except by an instrument in writing executed by or on behalf of Seller and Buyer (k) Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an ouginal, and all of such counterparts together shall constitute one and the same instrument. (1) Attorneys Fees In die event of any litigation between Buyer and Sellei arising under or in connection with this Agreement, the prevailing parry shall be entitled to recover from the other party the expenses of litigation (including reasonable attorneys' fees, expenses and disbursements) incurred by the prevailing party. (m) Authority. Each party hereto warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he has been fully authorized to execute this Agreement on behalf of such parry and that such party is bound by the signature of such representative. In) Counsel. Each party hereto warrants and represents that each parry has been afforded the opportunity to be represented by counsel of its choice in connection with the execution of this Agreement and has had ample opportunity to read, review, and understand the provisions of this Agreement (o) No Construction Against Preparer. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or other govenimental or judicial authority by reason of such party's having or being deemed to have prepared or imposed such provision. (p) Offer and Acceptance. This instrument shall constitute an offer by Par 5 Development Group, L.L.C. to Fred R. David and wife, Joy H. David, and shall remain open for acceptance until 5 00 p.m., 1g(A, North Carolina time, on the later of WA, or such other date as may be, specified in writing by the offeror. In order for this offer to be validly accepted, two (2) counterparts of this Agreement, fully executed on behalf of the offeree, must have been actually delivered to the offeror at y/A„ prior to the expiration of the offer Page of Li i Nu i f 5 2010 BY:_________ IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute, seal and deliver this Agreement, all as of the day and year first written above ne SELLER: Sig jeale and liveredm _ the presence of. }� d 1nnPiY.Yt6Y 1 a Unofficial Witnegs By Name Title initial address for notices - Attention Telephone Number ( ) Telecopy Number: ( ) With a copy to* Attention Telephone Number ( ) Telecopy Number ( ) Date of Seller's Execution. Page of /5 NUo C52010 BY:___� Escrow Agent executes this Agreement to acknowledge and agree to hold and disburse the Earnest Money in accordance with the terms and provisions of this Agreement Signed, sealed and delivered in the presence of Unofficial Witness ESCROW AGENT: Name Title Initial address for notices, Attention Telephone Number( ) Telecopy Number' ( ) Page of 15 Signed/e ive e nrz f� Unofficial Witness BUYER: -- --- a By: Name Title Initial adc for notices - Attention Telephone Number: Telecopy Number: With a copy to Attention. Telephone Number ( ) Telecopy Number ( )— Date of Buyer's Execution: Page 13 of 15 2010 SY: Exhibit "A" Legal Description All of Tile property being described below as 6653 NC 179 r NC 904 "Beach Drive SW" Ocean Isle Beach, NC "or also described ati' The Parcel located on the cornei of Lake Tree Drive and Beach Drive SW ill Ocean Isle Beacb, NC that is bounded by the `Void of Life fellowship Christian Chutch" to the Past, Beach Dr SW to the Noth. Lake Tree Dr Pitvate entry load to the West and an empty parcel to the South "or also described as' ' GG59 ' All property being held in common by Fred R. David and wife, Joy H David, Located at G6Y3 NC 179 / NC 904 "Beach Drive SW," Ocean Isle Beach, NC of described as being oil the comer of Lake Tree Drive and Beach Drive SW in Ocean Isle Beach, NC that its bounded by the "Word of Life Fellowship Christian Church' to the Past, Beach Dr. SW to the North, Lake Tice Di Private cntiy roast to the West and an empty parcel to the South, Se l�f.: �p 4'a 0, 1 it w�s� d' s°Io1�4' �D"r 9 0_ ape bh I le � <eUe4 g/'I � i �_ ..Sel.��e/ l� AYl Page of /5 NOV V 5 2010 BX: DIVISION OF WATER QUALITY INFILTRATION SYSTEM INVESTIGATION Complete and email this form to Vincent Lewis@ncmail net. If there are more than 7 areas to be tested, attach a second sheet State Soil Scientist Confirmation Visit date/time: /Dl/3/Poto $:3OAm Project Name: 1bttl4R &.Ft4taAL 0(JS County: tIZEkNSwttilc Street 'D Fb Directions from the nearest intersection of two major roads: us LEFT la. kf ego 1ZFt- 44C-1 C14 usw OGFAN Kcic 'BEM 9 284 0 r3E+t Ta€e by 1 ac ac � >re being disturbed?,. ❑YES ®NO CAMA Major required? []YES YNO Consultant Name:NiGK �o�YE`0- Phone: h1b)T4i (_OfOS— Consultant Firm Name: L4A-r MA#JA,(;,EA&NP It oaaQ Bore Number 1 2 3 4 5 6 .- - 7 a) Existing Ground Elevation b) Proposed Bottom Elevation c Difference a minus b d Add 2 ft Min Bore Depth) e Hardpan Depth? f Approx. Elev. Of SHWT Max. lowest bottom elev h) Infiltration Rate OK? * _ i Confirmation of SHWT For projects requiring more than 5 hand borings, manpower or equipment to conduct the excavation must be provided by the consultant. *State Sod Scientist Use ONLY Comments, �Cr�vrQ Svh) Required Attachments: 1 Legible vicinity map. 2 Complete Soils Report. 3. PDF•formatted site plan with the boring locations to be tested. Site plans should be emailed or hand -delivered only. Illegible faxed maps will not be accepted. All proposed infiltration areas and existing, active utility lines located within the proposed basin/trench must be marked and flagged If these areas are not flagged, the Sods Scientist reserves the right to decline to do the investigation If the proposed infiltration system will be located in an area of existing pavement and there is no open area nearby, equipment capable of breaking through the impervious layer must be provided. The soils investigation does not take the place of a sods report prepared by an appropriate professional The Sods Scientist will only verify the sod conditions that are reported in the Sods Report, and make a determination as to the suitability of the site to meet the infiltration design requirements under NCAC 2H 1000, and assumes no liability should the system fail. S \WQS\STORMWATER\FORMS\infiltration site visit Revised 3/08 LG LAND MANAGEMENT GROUP INC Environmental Consultants September 28.2010 Hunter Freeman Withers & Ravenel. Inc. 111 MacKenan Dr. Cary, NC 27511 Reference: Proposed Dollar General, located off of Beach Drive SW (NC 904/NC 179) and Lake Tree Rd. near Ocean Isle Beach, NC. Dear Hunter, On Tuesday September 28, 2010, Land Management Group, Inc had the pleasure of evaluating the proposed stormwater pond area for the proposed Dollar General, located off of Beach Drive SW (NC 904/NC 179) and Lake Tree Rd near Ocean Isle Beach, NC. The purpose of the evaluation was to describe the soil profile, quantify the depth to the seasonal high water table, determine soil texture, and to inform the project engineer of any potential limitations of this project, at 2 locations within the proposed stormwater infiltration area. Actual infiltration rates were not taken and therefore my report is based upon estimated rates The soils at this site are mapped as Kureb the Soil Survey of Brunswick County (USDA, 1986). Actual soil borings 1 and 2, confirm the soil to be a Kureb soil series, (see Test Area Map Appendix A and soil profile descriptions in Appendix B) The Kueb soil series are sandy soils that formed from excessively well drained, maiime fluvial and aeolian sandy material on uplands The seasonal high water table is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. There is evidence of redoximorphic features at 63" in boring 1 and 65" in boring 2 from the natural soil surface (see Test Area Map Appendix A and soil profile descriptions in Appendix B). The official published description and physical and chemical data for the Kureb soil series are shown in Appendix C for comparison. It is expected that these soils will have an infiltration rate in excess of 10 inches/hour In summary, LMG has performed a site specific evaluation within the stonmwater infiltration areas. This area has soils that have seasonal high water tables at 63" in boring I and 65" in boring 2 from the natural surface. It is expected that these soils with have an infiltration rate in excess of 10 in/hr. Please do not hesitate to contact me if you have any questions with this report. As with any project of this nature the appropriate government agencies will have the final permitting authority. I may be reached at 910-452-0001, 910-471-0505 or at nhowel lP,,Im group.net Sincerely, Nick Howell NC Licensed Soil Scientist #1294 �y .�, e"sr,° �•n O, o J , www.lmgroup.net o info@lmgroup.net a Phone: 910.452.0001 a Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 a P.O. Box 2522, Wilmington, NC 28402 Dollar General Ocean Isle Beach Stormwater Evaluation Test Area Map September 28, 2010 BEACH DRIVE SW RNC904/NC179 NE _ 1a '' 1 rn ', ',1 } It 9A SV ESI /i� � `b •'i it 0 _ 1 S ice, 1 H/C t {, 0 ( ` 1 N O i 1 m 1 Ea N rn i 1 y S i Rom❑ , . }la i 1 i ;: STORMWATERBMP - �® i t \ (-)Soil Boring *DrawingNot toScale* Land Management Group, Inc. **Drawing Provided By Others** Job # 01.10.154 Environmental Consultants **Boring Locations are Hunter Freeman P.O. Box 2522 g Drawing8 N.P.H. Wilmington, NC approximate and not meant to be Y v LMGrouo.net Phone: 910-452-0001 Fax: 910452-0060 absolute*** BI Micro Side Slope 1-2% Kutch Series A — 0-8" Fine Sand, granular, very friable, non sticky non plastic, IOYR 3/1. E — 8-15" Fine Sand, granular very friable non sticky non plastic, IOYR 6/1. C/Bh — 15-18" Fine Sand, single grained, loose, non sticky, non plastic, IOYR 4/3 with 10YR 3/6 Bh stains and non cemented bodies. CI — 22-48" Fine Sand, single grained, loose non sticky non plastic, 1 OYR 5/6 with few IOYR 7/4 stripped sand bodies and 10YR 3/6 mottles C2 — 48-55" Fine Sand, single grained, loose non sticky non plastic, 1 ORY 7/4. C3 — 55-63" Fine Sand, single grained, loose non sticky non plastic, 2.5Y 8/1 (Stripped Sand not a RMF) C4 — 63-84"+ Fine Sand, single grianed, loose non sticky non plastic, 2 5Y 7/3 with common 2.5Y 6/2 mottles Physical Water: NA SHWT- 61" B2 A — 0-8" Fine Sand, granular, very friable, non sticky non plastic, IOYR 3/1, E — 8-15" Fine Sand, granular very friable non sticky non plastic, IOYR 6/1. C/Bh— 15-18" Fine Sand, single grained, loose, non sticky, non plastic, I OYR 4/3 with common IOYR 3/2 Bh stains and non cemented bodies and few stripped 10YR 6/1 E horizon bodies in the upper part of the horizon. C — 65-84"+ Fine Sand, single grinned, loose non sticky non plastic, 1 OYR 4/3 with common 2 SY 612 mottles. Physical Water: NA SHWT: 65" Appendix C Published Description and Chemical and Physical Properties of the Kureb Soil Series Russell, Janet From: Hall, Rhonda Sent: Friday, October 08, 2010 4 15 PM To: Gregory L Herron Cc: Russell, Janet, Weaver, Cameron Subject: RE CDC Courthouse Bay, Project ID ONSLO-2011-014 G reg, I spoke with Cameron and have confirmed the meeting for October 13, 2010 @ 9:00 AM. Rhonda Hall Assistant Regional Engineer Land Quality Section, Wilmington Office Ph# (910) 796-7312 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weaver, Cameron Sent: Thursday, October 07, 2010 4:17 PM To: Gregory L. Herron Cc: Russell, Janet; Hall, Rhonda Subject: RE: CDC Courthouse Bay, Project ID ONSLO-2011-014 Hi Greg. Filling in for Janet, I spoke with Rhonda as well; let's go ahead and have the meeting. Rhonda has agreed to meet on October 12 and I can set the time for 9 AM or 1 PM whichever is your preference. Let me know your thoughts and we will get this confirmed. Cameron Cameron Weaver 1-Stop Permit Coordinator / Express Permitting NCDENR / Division of Environmental Assistance and Outreach (DEAD) 127 Cardinal Drive Wilmington, NC 28405 910-796-7303 (F) 910-350-2004 NOTE NEW EMAIL ADDRESS and Phone : Cameron.Weayer@ncdenr.goy and 910-796-7303 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Russell, Janet [madto:janet. russell@ncdenr.gov] Sent: Wednesday, September 29, 2010 2:42 PM To: Gregory L. Herron Subject: RE: CDC Courthouse Bay, Project ID ONSLO-2011-014 Weaver, Cameron From: Weaver, Cameron Sent: Thursday, October 07, 2010 1 39 PM To: Freeman, Hunter Cc: Nelson, Christine, Russell, Janet Subject: RE Dollar General -Ocean Isle Hi Hunter. I think the 281h was on the table for the submittal; at least that is what I am inferring from Janet's notes. If so, we can probably finalize that at the scoping meeting that I am confirming with this email. See you on the 10 at 11:30 here in the office. Let me know if there are changes or other issues. Cameron Cameron Weaver 1-Stop Permit Coordinator / Express Permitting NCDENR / Division of Environmental Assistance and Outreach (DEAD) 127 Cardinal Drive Wilmington, NC 28405 910-796-7303 (F) 910-350-2004 NOTE NEW EMAIL ADDRESS and Phone : Cameron.WeayerPncdenr.goy and 910-796-7303 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Freeman, Hunter[mailto:HFreeman@withersravenel.com] Sent: Thursday, October 07, 2010 11:25 AM To: Weaver, Cameron Cc: Russell, Janet; Nelson, Christine Subject: RE: Dollar General -Ocean Isle Cameron — I'll take the meeting on the 141h. Vincent Lewis will be on site on the 13th, but we have prelim soil tests and are not expecting any major complication. I do have some questions about the routing of larger storms around the infiltration that I would like to discuss. I will bring the site plan, soils reports, and preliminary stormwater calcs. If there's anything else I need let me know The owner is not planning on attending the scoping meeting but will be present for the submittal meeting. Janet— can you also confirm the submittal meeting time and date. Thanks Hunter From: Weaver, Cameron [mailto:cameron.weaver@ncdenr.gov] Sent: Thursday, October 07, 2010 9:54 AM To: Freeman, Hunter Cc: Russell, Janet; Nelson, Christine Subject: Dollar General -Ocean Isle Hi Hunter. Got Janet's message about scheduling a scoping meeting for this project with Christine Nelson for Oct. 14th at 11:30. That time is still available so let me know if you want me to solidify you for this slot. Let me know if there are any issues Cameron Cameron Weaver 1-Stop Permit Coordinator / Express Permitting NCDENR / Division of Environmental Assistance and Outreach (DEAD) 127 Cardinal Drive Wilmington, NC 28405 910-796-7303 (F)910-350-2004 NOTE NEW EMAIL ADDRESS and Phone : Cameron.WeaverPncdenr.aov and 910-796-7303 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Russell, Janet From: Freeman, Hunter [HFreeman@withersravenel com] Sent: Thursday, October 07, 2010 11 25 AM To: Weaver, Cameron Cc: Russell, Janet, Nelson, Christine Subject: RE Dollar General -Ocean Isle Cameron — I'll take the meeting on the 141". Vincent Lewis will be on site on the 13tb, but we have prelim soil tests and are not expecting any major complication. I do have some questions about the routing of larger storms around the infiltration that I would like to discuss. I will bring the site plan, soils reports, and preliminary stormwater calcs. If there's anything else I need let me know. The owner is not planning on attending the scoping meeting but will be present for the submittal meeting Janet — can you also confirm the submittal meeting time and date Thanks Hunter From: Weaver, Cameron [mailto:cameron.weaver@ncdenr.gov] Sent: Thursday, October 07, 2010 9:54 AM To: Freeman, Hunter Cc: Russell, Janet; Nelson, Christine Subject: Dollar General -Ocean Isle Hi Hunter Got Janet's message about scheduling a scoping meeting for this project with Christine Nelson for Oct 10 at 11:30. That time is still available so let me know if you want me to solidify you for this slot Let me know if there are any issues. Cameron Cameron Weaver 1-Stop Permit Coordinator / Express Permitting NCDENR / Division of Environmental Assistance and Outreach (DEAD) 127 Cardinal Drive Wilmington, NC 28405 910-796-7303 (F) 910-350-2004 NOTE NEW EMAIL ADDRESS and Phone - Cameron Weaver@ncdenr eov and 910-796-7303 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Russell, Janet To: Freeman, Hunter Cc: Weaver, Cameron Subject: RE Express Request -Dollar General OIB Hunter, I will just hold onto your Express Request until you have a soils report and a wetland delineation. We can't accept an incomplete application into Express. Please notify me when you are farther along (assuming that you want still want to go Express then). You are welcome to contact Kelly Johnson in the Regular Program. Janet From: Freeman, Hunter [mailto:HFreeman@withersravenel.com] Sent: Tuesday, September 21, 2010 6:56 AM To: Russell, Janet Cc: Weaver, Cameron Subject: RE: Express Request - Dollar General OIB Janet —You are correct that no site work has been done to date. We have contacted Land Management Group to coordinate the soil tests for the BMP design and the wetlands evaluation We will coordinate with Vincent. Thanks! Hunter From: Russell, Janet [mailto:Janet.russell@ncdenr.gov] Sent: Monday, September 20, 2010 5:34 PM To: Freeman, Hunter Cc: Weaver, Cameron Subject: RE: Express Request - Dollar General OIB Hunter, I notice that you have marked infiltration for the stormwater treatment Have you requested a site visit from Vince Lewis, State Soil Scientist? Vince verifies the seasonal high water table elevation on site for infiltration projects after the soils engineering company does their evaluation. In case you have not contacted him about this project, I am attaching an Infiltration Site Visit Request Form. It should be submitted by email to Vincent.LewisCcDncdenr.zov along with a vicinity map with road names, a site plan showing the proposed bmp location and a soils report. Also, the soils report must be complete and used in your stormwater design. The Stormwater Section will not take a design for infiltration if there is no documentation that it will work. I get the idea from the project narrative that no soils work has been done on the site yet. (?) Janet From: Freeman, Hunter [mailto:HFreeman@withersravenel.com] Sent: Monday, September 20, 2010 5:09 PM To: Russell, Janet; Weaver, Cameron Subject: Express Request - Dollar General OIB Janet and Cameron — here's another request for a scoping meeting. This one's for a small commercial development in Ocean Isle Beach I believe I have attached all the pertinent information I'm assuming that your schedules are still about 2 weeks out in the future, so some preferred dates for the scoping meeting are October 6tn ?tn 8tn 111n, 12`n, or 14tn just for starters. The owner and I can be available on any of those dates, but the 6th or the 14tn would be preferable. As is the norm these days, the client is on a very fast track, and if our surveying and design development progresses at an accelerated rate, this might change from a scoping meeting to a submittal meeting Let me know if that creates any headaches for you, or if there are any certain procedures I need to be aware of if we are able to have a full submittal set ready within 2 weeks. Being a fairly straightforward site, we are not expecting any serious complications during the design phase, but I will probably regret those words at some point. For now, it's a scoping meeting as we are just beginning the design. I will let you know if the status changes. I look forward to seeing you soon, let me know which dates work best for you. Hunter Hunter Freeman, PE, LEED AP WITHERS �"CRAVENEL 111 MacKenan Drive I Cary, NC 27511 Phone 919 469 3340 1 Fax 919 467 6008 Direct 919 535 5137 1 Mobile 919 264 7613 hfreeman()wlthersravenel com www wlthersravenel com NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE This electronic message, which includes any attachments and other documents referred to herein, contains information from Withers & Ravenel, Inc that may be proprietary or confidential The information is intended for the use of the addressee(s) only If you are not the addressee, note that any discosure, copying, printing, distribution, or use of the contents of this message is prohibited If you received this message in error, please advise the sender by reply and delete this electronic message and any attachments COPYRIGHT NOTICE Copyright 2010 Withers & Ravenel, Inc All Rights Reserved by Withers & Ravenel, Inc This electronic message, any attachments thereto and all documents referred to therein are provided for the recipients information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic message by Withers & Ravenel, Inc or receipt of this message by the recipient or any other party North Carolina Deparl Natural NCDENR Request for Exj Ct3� ucb rvri t 6 se For DENR ONLY d, Reviewer G ironment and svomit 10 -1`f I L 1/.3 Review Time 3n confirm ✓ t %-/ WIN all the information below and CHECK the Permits) you are requesting for express review. FAX or Email the completed folm to Express Coordinator along with a completed DETAILED narrative site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Please include this form in the application package. • Asheville Region -Alison Davidson 828-296.4698;alison.davidson(olncdenr.gov • Fayetteville or Raleigh Region -David Lee 919.791.4203j david.lee(c ncdenr.gov • Mooresville & -Patrick Grogan 704-663.3772 or patrick.grogan(ci ncdenr_gov • Washington Region -Lyn Hardison 252-946-9215 or Ivn.hardisonl4 ncdenr.00v • Wilmington Region -Janet Russell 910-350-2004 or janet.russell(d),ncdenr uov NOTE Project application received after 12 noon will be stamped in the following work day. Enter Related SW Permits of request Qces n Project Name DOLLAR GENERAL - OCEAN ISLE BEACH County BRUNSWICK Applicant RHETSON COMPANIES Company, RHETSON COMPANIES, INC Address. 2860-B NC HWY 5 City ABERDEEN, State INC Zip 28315-_ 1 Phone 910-944-0881, Fax 910-944-0882, Email bnan@rhetsoncompanies com o JQAp" b �: Physical Location SE CORNER OF BEACH DR (HWY 179) AND LAKE TREE DRIVE OCEAN ISLE BEACH. NC , : 3d 1 2 i• Project Drains into INTRACOASTAL WATERWAY waters —Water classification SA. HQ W (for classification see- http //h2o enr state nc us/bims/reportslreportsWB html) Project Located in LUMBER River Basin Is project draining to class ORW waters? N , within Y2 mile and draining to class SA waters Y or within 1 mile and draining to class HOW waters? Y Engineer/Consultant HUNTER C FREEMAN, PE Company' WITHERS & RAVENEL I rd�r R11V E+ n Address 111 MACKENAN DRIVE City CARY, State NC Zip 27511 S E F 22�)O Phone 919-469-3340, Fax 919-467-6008, Email hfreeman@wilhersravenel com SECTION ONE: REQUESTING A SCOPING MEETING ONLY •Scoping Meeting ONLY ® DWQ, ❑ DCM, ® DLR, ❑ OTHER _ 1BY: i SW SW SW SW SW 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 Quality Certification ❑ Isolated Wetland (_linear ft or _acres) ❑ Riparian Buffer Authorization El Minor Variance ❑ Major General Variance ® state Stormwater ® General ❑ SFR, ❑ SFR < 1 ac ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)) ❑ High Density -Detention Pond _ # Treatment Systems ® High Density -Infiltration 1 #Treatment Systems ❑ High Density -Sio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems /❑ MOD ❑ Major ❑ Minor ❑ Plan Revision ❑ Redev Exclusion SW (Provide permit#) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality ® Erosion and Sedimentation Control Plan with 1 1 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 DENR use only Buffer Impacts ® No ❑ YES _acre(s) Isolated wetland on Property [I Yes ® No 404 Application in Process w/ US ACOE [:]Yes ® No Permit Split for multiple permits, Check# SUBMITTAL DATES Fee total Pee Amount b SUBMITTAL DATES fee CAMA $ Variance (❑ Mal, ❑ Min) $ SW (❑ HD, ❑ LD, ❑ Gen) I $ 401 $ LQS I $ Stream Deter— $ NCDENR EXPRESS March 2009 North Carolina Department of Environment and AANatural Resources NCDENR Request for Express Permit Review FILL-IN all the information below and CHECK the Pertri you are Coordinator along with a completed DETAILED narrative, site plan of the project location. Please include this form in the application I For DENR Use ONLLYYP V Renewer Go SubmiL Time -1�-_3sZ Confirm ✓ for express review. FAX or Email the completed form to Express • Asheville Region -Alison Davidson 828.296-4698;alison.davidson(&ncdenr.gov • Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee(dncdenr.gov • Mooresville & -Patrick Grogan 704-663-3772 or patrick.orogannpncderingov • Washington Region -Lyn Hardison 252-946.9215 or lvn.hardison(g.ncdenr.gov • Wilmington Region -Janet Russell 910-350-2004 or ianet.russell4mcdenr.gov NOTE Project application received after 12 noon will he stamped in the following work day Enter Related SW Permits of request SW SW SW SW SW Project Name DOLLARGENERAL- OCEANISLEBEACH County BRUNSWICK Applicant RHETSON COMPANIES Company, RHETSON COMPANIES, INC Address 2860-B NC HWY 5 City ABERDEEN, State NC Zip 28315-_ Phone 910-944-0881, Fax 910-944-0882, Email brian@rhetsoncomoanies com Physical LocattomSE CORNER OF BEACH DR (HWY 179) AND LAKE TREE DRIVE OCEAN ISLE BEACH NC Project Drains into INTRACOASTAL WATERWAY waters —Water classification SA, HQ W (for classification see - MID //h2o enr state nc us/bims/reports/reportsWB html) Project Located in LUMBER River Basin Is project draining to class ORW waters? N , within Y2 mile and draining to class SA waters Y or within 1 mile and draining to class HQW waters? Y Engineer/Consultant. HUNTER C FREEMAN, PE Company WITHERS & RAVENEL I if✓P111(j` Address 111 MACKENAN DRIVE City CARY, State, NC Zip, 27511-_ Phone 919-469-3340, Fax 919-467-6008, Email hfreeman@withersravenel corn S E P 2 0 2010 SECTION ONE: REQUESTING A SCOPING MEETING ONLY ® Scoping Meeting ONLY ® DWQ, ❑ DCM, ® DLR, ❑ OTHER SECTION TWO: CHECK ONLY THE PROGRAM (SS) YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ IntermittenUPerennial Determination _ # of stream calls — Please attach TOPO map marking the areas in questions ❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres) ❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ® State Stormwater ® General ❑ SFR, ❑ SFR < 1 ac. ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW _ (Provide permit #)] ❑ High Density-Detenhon Pond _ # Treatment Systems ® High Density -Infiltration 1 #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems / ❑ MOD ❑ Major ❑ Minor ❑ Plan Revision ❑ Redev Exclusion SW (Provide permit #) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality ® Erosion and Sedimentabon Control Plan with 1 1 acres to be disturbed.(CK # (for DENR use)) SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scooing and express meeting reguestl 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 Buffer Impacts ® No ❑ YES —acre(s) Isolated wetland on Property ❑ Yes ® No 404 Application in Process w/ US ACOE ❑ Yes ® No Permit For DENR use only Fee Solitfor multioteoermits (Check# I Total Fee Amount S SUBMITTAL DATES - Fee SUBMITTAL DATES Fee CAM A $ variance (❑ Maj; El Min) $ SW (❑ HD, ❑ LD, ❑ Gen) $ 401: $ LQS $ Stream Deter— $ NCDENR EXPRESS March 2009 North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT 01= THE Secretary SECRETARY OF. STATE PO Box 29622 Raleigh, NC 27626-0822 (919)807-2000 Date 9/202010 Click here to View Document Filings i Sign Up for E-Notifications i J Print apre-populated Annual Report Form I Annual Report Count i File an Annual Report i Corporation Names Name Name Type NC RHETSON COMPANIES, LEGAL INC Business Corporation Information SOSID: 0717571 Status: Current -Active Effective Date: 3/232004 Dissolution Date: Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: CLODFELTER, BRIAN R Office Address: 2860.E NC HWY 5 ABERDEEN NC 28315 Mailing Address. 2860-B NC HWY 5 ABERDEEN NC 28315 Principal Office Office Address: 2860-B NC HWY 5 ABERDEEN NC 28315 Mailing Address: 2860-B NC HWY 5 ABERDEEN NC 28315 Officers Title: PRESIDENWREAS Name: BRIAN R CLODFELTER CLODFELTER Business Address: 48 GREY ABBEY DRIVE PINEHURST NC 28374 Title: SECRETARY Name: JULIANNE S CLODFELTER CLODFELTER Business Address: 48 GREY ABBEY DRIVE PINEHURST NC 28374 Stock Class - Shares No Par Value Par Value COMMON 10000 1 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version, 111 http://www.secretary.state.nc.as/corporations/Corp.aspx?PitemId=6372395 9/20/2010 078* 29. 30.00'W 078* 28'00,00"W 078'27'30.00rW 078* 2700,W'W 07fr 26'30.00"W 078' N D0.00" W 4 z z 7 A.00 Miles 00f. A OliB Miles, z z Magnetic lination • z z 08� 24 6�- �4 I 6ie I aie. Wlirl, I b6.6d. i 1 1 1 6aL 4 k6d- wl 1 6,1., jj, b6 a77 Name:SHALLOTTE Location: 033* 54'28.65" N 078' 27' 13.27" W NAD27 Date: 9120=10 Caption: Dollar General - Ocean Isle Beach Scale: 1 inch equals 2000 feet DaWm: NAD27 CoWaht(C) 1997, MOPW-h. I- Project: DollarGeneral—OceanIsleBeach Applicant: The Rhetson Companies, Inc Engineer: Withers & Ravenel Project Location: The SE Corner of NC 179 (Beach Drive) and Lake Tree Drive SW, Ocean Isle Beach, NC, approximately 1 mile west of the intersection of NC 179 and Ocean Isle Beach Road Project Narrative: The proposed commercial development is for a new Dollar General store on a previously undeveloped parcel. The project is located on a 1.1 acre parcel, which is anticipated to be approximately 70% impervious. A stormwater infiltration basin is planned for the site to meet Coastal SW regulations. The existing site is flat, with no defined drainage patterns. If anything, the site drains to the south into an unnamed tributary to the Intracoastal Waterway. The Intracoastal Waterway is approximately 0.45 miles south of the site, and is classified as SA, HOW. The stormwater management plan is being designed to control and treat the difference in volume from the 1-yr 24-hour storm using one infiltration basin in the southwest corner of the site. Runoff will be directed to the basin through a curb cut in the parking lot or via a small drainage network. No offsite run-on is anticipated. All of the onsite impervious area is expected to be directed to the stormwater BMP. No road widening is anticipated on Highway 179. A wetland delineation has not been completed, however based on preliminary site investigations no wetlands are anticipated to be found on site. The existing soil is Kureb fine sand, and is expected to have an infiltration rate of approximately 13 in/hr. A soil scientist has been contacted to perform infiltration tests and document the SHWT in the vicinity of the proposed infiltration basin. The stormwater design may be modified based on the results of the soil survey. 8' 28'30=" W 078' 28' 0000" W 078' 27'30.00" VV 078' 27 00 00" W 078' 26' 30 00" W 078' 2600,00" VV I z -P 100 miles J, )lLL5( Miles j z o Magnetic D clination 'Ie SAY z a, vv lk1 An-' Vi]f A7 i- 5iWnfil An" �V i 078�26'30.00"W 078' 26' 00.00" VV Narne:SHALLOTTE Location: 033' 54'28.65" N 078' 27' 13.27W NAD27 Date: 9/20/2010 Caption: Dollar General - Ocean Isle Beach Scale: 1 inch equals 2000 feet Lr) -- NAD27 Com(iqht (G) 1997 mapleCh, inc