20141010 Ver 1_Stream Call Request_20140923

RECEIVED ATA
NCDENR
SEP 219001Carolina Department of Environment and Natural Resources
P�L:q tQ -WARD John E. Secretary
III
((99 Secretary
/` DWQ Use Only: Project #
Stream Origin /Buffer Applicability Determination
Required Information
1. Owner Information (corporation /individual who is legally responsible for the property and its compliance)
1a. Name(s) on Recorded Deed
William Herring Jr.
1b. Responsible Party (for LLC)
3805 Wrightsville Avenue, Suite 15; Wilmington, NC 28403
1c. Mailing Address
PO Box 1576; Kinston, NC 28503
1d. Telephone Number
I [e-mail]
1e. Email Address
5a. Name of project
2. Location of Project Site - please include the county, nearest named town and highway number.
SR 1745 & Cunningham Road; Kinston, NC
3. Has anyone from DWQ visited the site?
I Y / N
I Staff Name
Jericho Run
Date of Visit?
Neuse
Additional Requested Information
4. Agent/Consultant Information (if applicable)
4a. Name, Company
Land Management Group, Inc.
4b. Mailing address
3805 Wrightsville Avenue, Suite 15; Wilmington, NC 28403
4c. Telephone no.
910452 -0001
4d. Email address
I [e-mail]
5. Project and Site Information
5a. Name of project
Albemarle Solar Center
5b. County
Lenoir
5c. Nearest Named Stream
Jericho Run
5d. River Basin
Neuse
5e. Provide a brief description of this project (attach site plan if available):
Potential solar farm; no site plan available yet.
Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and /or NRCS Soil Survey.
If you are unable to locate either of these maps, please contact the Regional lice for assistance.
DWQ Use Only: Is this stream call for the purpose of. _ buffer mitigation — nutrient offset credit
Division of Water Resources -Water Quality Regional Operations Section Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: 252 - 975 -3716 Internet: www.ncdenr.gov
An Equal Opportunity \Affirmative Action Employer — Made in pan by recycled paper

Please return form to: Anthony Scarbraugh
943 Washington Square Mall
Washington, NC 27889 Note: Submittals p d as r after d on pm
will be stamped as received on the
Fax: [phone] next business day.
Email: anthony.scarbraugh(cDncdenr.gov
Please contact Anthony Scarbraugh at (252) 946 -6481 if you have any questions.

.i ._
�, ,
. S,'+

'Boundaries are approximate and are
not meant to be absolute.
Map Source: ArcGIS World Street Map
Albemarle Tract
Lenoir County, NC
September 2014
40- 13 -083C.
1" =
LMG
uw au secrvrvr rvauv � -.
Figure 1
w�rwTMGroup.net Vicinity Ma
Phone: [phone] •1.866.LMG.1078 y p
Fax [phone]
3805 Wrightsville Avenue
Wilmington, tC 28403

L. J

'Boundaries are approximate and are
not meant to be absolute.
Map Source: USGS Kinston Quadrangle 7.5 minute
SCALE 1" = 2.000'
Albemarle Tract
LMkN
Lenoir County, NC
;�.,,,,,_
— ° °-°° ° ° ° ^' ° ° ° °^
Figure 2
September 2014
MLMGroup.net
Phone: [phone].LMG.1078
USGS Topographic Map
40- 13 -083C
Fax
eAvenue
3805Wdghtsv4
Wilmington, NC 28403

*Boundaries are approximate and are
not meant to be absolute.
Map Source: NRCS Soil Survey
Albemarle Tract
Lenoir County, NC
September 2014
40- 13 -083C
Legend
BB: Bibb soils
Go: Goldsboro loamy sand
Ly: Lynchburg sandy loam
Na: Norfolk loamy sand (0 -2% slopes)
Nb: Norfolk loamy sand (2 -6% slopes)
LMG
LA90 NANAI"r', GPQUPS
rn.r',nAm.emLCUnSbhne.
.TMGroup.net
Phone: [phone] •1.866LMG.1078
Fax [phone]
3805 Wrightsville Avenue
Wilmington, NC 28403
Cral F 1" c 1 rinn'
Figure 3
Soils Map

J

FIRST AMENDMENT TO
SOLAR ENERGY SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO SOLAR ENERGY SITE LEASE AGREEMENT
(this "Amendment ") made and entered into this 18'h day of July 2014, by and between
JOYCE B. HERRING AND WILLIAM I. HERRING, a North Carolina married couple
(collectively, the "Landlord") and ALBEMARLE SOLAR CENTER, LLC, a North
Carolina limited liability company (the "Tenant ").
RECITALS:
A. Landlord and Tenant entered into that certain Solar Energy Site Lease Agreement
dated May 12, 2014 (the "Lease ") regarding property located in Lenoir County, North Carolina.
B. Landlord and Tenant desire to amend the Lease to, among other things, complete
the Exhibits, correct the legal descriptions and clarify additional terms in the Lease.
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt
and sufficiency which are hereby acknowledged, the Parties agree as follows:
1. Capitalized terms not otherwise defined in this Amendment shall have the meaning
assigned to them in the Lease.
Section I (a), the definition of "Site" is deleted in its entirety and amended and
restated as follows:
"Site" means the area as shown on the site plan attached hereto as Exhibit B,
provided, however Landlord and Tenant shall substitute and replace Exhibit B once a
final survey of the Site is complete.
Section 3(a) of the Lease shall be deleted in its entirety and amended and restated as
follows:
(a) Tenant shall pay Landlord rent ( "Rent') as follows:
(i) Beginning on the Effective Date and continuing for three months until
August 12, 2014, Rent shall be Five Hundred and 00 /100 Dollars ($'500.00) per
month payable on the twelfth (12th) of each month.
(ii) Thereafter, Rent shall be One Thousand and 00 /100 Dollars ($1,000.00)
per acre of the Site with the first payment due and payable within thirty days
following the Installation Date. Each subsequent payment shall be due on the annual
anniversary of the Installation Date ( "Anniversary Date').
4. Section 5(c) of the Lease shall be deleted in its entirety and amended and restated as
follows:
BTM:5654190

(c) Landlord acknowledges and agrees that despite that portions of the
Generating Facility may be affixed to the Site, (i) Tenant or its Affiliate is the
exclusive owner and operator of the Generating Facility, (tt) the Generating
Facility shall not be construed to be a fixture and (iii) Tenant or its Affiliate or
transferee is the exclusive owner of the electricity generated by the Generating
Facility and the Environmental Attributes and Environmental Incentives of the
Generating Facility. Landlord has no right, title or interest in the Generating
Facility and has waived any and all rights it may have to place a lien on the
Generating Facility. Landlord shall give Tenant at least fifteen (15) days' written
notice prior to any sale, lease, assignment, mortgage, pledge or other alienation
or encumbrance (collectively, a "Transfer') of all or a portion of the Property
identifying the transferee, the portion of Property to be transferred and the.
proposed date of Transfer. Under no circumstances shall a Transfer by the
Landlord include the Generating Facility. Landlord shall require any transferee
to acknowledge and consent to the terms of this Lease. Landlord agrees that this
Lease and the easements and rights granted in Section 2 of this Lease shall
constitute covenants running with the Property and the Easement Lands and shall
survive any Transfer of the Property. '
5. Section 8(b)(iii) is hereby deleted in its entirety and amended and restated as:
(iii) An uncured material breach of this Lease by either Party, beyond any
applicable cure period, and the election of the non - breaching Party to terminate this
Lease.
6. Section 12(b) is hereby deleted in its entirety.
7. The following new Section 13(c)(ix) is added to the Lease:
(ix) Landlord agrees to cooperate with Tenant and any of Tenant's Lenders in
obtaining any financing it may need as it relates to the Generating Facility.
Landlord, at no cost thereto, shall execute and deliver all documents reasonably
requested by a Lender in a form satisfactory to Landlord, Tenant and Lender.
8. Section 14 of the Lease shall be deleted in its entirety and amended and restated as
follows:
14. EVENTS OF DEFAULT /REMEDIES
(a) Each of the following shall constitute an event of default, which -shall
permit the non - defaulting Party to pursue such remedies as may be available at law or equity
(subject to Article 13):
(i) any failure by Tenant to pay any rent pursuant to Article 4 when
- — - - - - - - -- due hereunder if the failure to pay continues for thirty (30) days after written notice from
Landlord; or
BTM:5654190

(ii) any other material breach of this Lease by either Party that
continues for thirty (30) days after written notice of default from the non - defaulting
Party or, if the cure will take longer than thirty (30) days, the length of time necessary to
effect cure as long as the defaulting Party is making diligent efforts to cure during that
time.
(b) Upon a default by Landlord, the Tenant may cure any default of Landlord
at Land lord's cost. If Tenant at any time by reason of Landlord's default reasonably pays any
sum or does any act that requires the payment of any sum, the sum paid by Tenant shall be
immediately due from Landlord to Tenant at the time the sum is paid, and shall bear interest at
an annual rate equal to 10% or the maximum applicable rate permitted by law in North
Carolina. If not sooner paid, Tenant may deduct any such sums due from Landlord to Tenant
from the next installment of Rent due and payable by Tenant under this Lease.
(c) Upon an event of default by either Party, the non - defaulting Party may
pursue any and all remedies available to such party at law or in equity. In the event of a default
hereunder, the non - defaulting Party will take commercially reasonable measures to mitigate its
damages.
9. Sections 16(b) and 16(c) are hereby deleted in its entirety.
10. Exhibit A of the Lease is deleted in its entirety and amended and restated with Exhibit
A attached hereto.
11. Exhibit B of the Lease is deleted in its entirety and amended and restated with Exhibit
B attached hereto.
12. Exhibit C of the Lease is deleted in its entirety and amended and restated with Exhibit
C attached hereto.
13. Schedule 7A of the Lease is deleted in its entirety and amended and restated with
Schedule 7A attached hereto.
14. Schedule 7B of the Lease is deleted in its entirety and amended and restated with
Schedule 7B attached hereto.
15. Except as set forth in this Amendment, the terms and provisions of Lease shall remain
in full force and effect and are hereby ratified, confirmed and affirmed by the parties.
/SEPARATE SIGNATURE PAGES ATTACHED/
BTM:5654190

[LANDLORD SEPARATE SIGNATURE PAGE TO FIRST AMENDMENT TO
SOLAR ENERGY SITE LEASE AGREEMENT)
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment under
seal as of the day and year first above written.
LANDLORD:
Herring
BTM:5654190
(SEAL)

[TENANT SEPARATE SIGNATURE PAGE TO FIRST AMENDMENT
SOLAR ENERGY SITE LEASE AGREEMENT
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment under
seal as of the day and year first above written.
TENANT:
ALBEMARLE SOLAR CENTER, LLC,
a North Carolina limited liability company (SEAL)
BY: jAgg
Name:
Title: Man P.f
BTM:565C190

EXHIBIT A
[Property Attached]
BTM:3654190

EXHIBIT A
TRACT 1:
BEGINNING at a flat Iron stake In the much. right of way line of the Atlantic Coast Line Railroad, said right of
way line being 65 feet from the center Ilm of said railroad when measured at right- angles to the railroad, sold
stake also being In the fence line which Is the division line between the lands of J. Woolen Moseley am the Wallace
lands; aid runs thence worth the northern right of way line of the Atlantic Coast Line Railroad 5 58 -30 W 690 feet to
a pump pipe In the northern right of way fine of sald railroad; thence (leaving the right of way of the railroad)
running N 76 -50 W 100 feet to an Iron stake wKh a bent top In a pasture fence line; thence running with the
pasture fence One N 54 -15 W 311.6 feet W an Iron pipe at the corner of the pasture fence; theme running with
another fence One N 45 E 230 feet to the earner of the fence; thence leaving the fence and running N 48- 50 E
925.4 feet to an from pipe at the corner of a fende, said pipe bebg In the division Jim of the Wallace and Moseley
Inds; thence running with the Wallace line 5 6750 E 620 feel to the point of beglnning, containing 10 acres, more
or less, and being a part of the 1. Woolen Moseley lands as surveyed by Alfred Cheney, Registered Surveyor, on
January 27, 1958. All courses mw and magnetic as of January 27, 1958. Thence are the same lands descrlbed In
that certain deed recorded in Book 444, Page 450, Lenoir County Registry.
TRACT 2:
ALL that certain tract or parcel of land containing 111.67 acres, more or less, as depicted on that certain map
entitled 'Map for Record — Property of ). Wooten Moseley Estate', Kinston Township, Lenoir County, N.C.
dated April 22, 1980 and recorded In Plat Cabinet 1, Slide 40, Page 80, Lenoir County Registry, reference to
which Is hereby made for a more particular description.
5: \\AlbmrArIc Lcgal Desoriplion.doca

EXHIBIT B
[See Attached Site Plan
BTM:5654190

V
U
J
W
Z;
I � i
E
a
F
4
k
it
F
V
o a
f
0
t
d
k g�
6 g
a
Ifi
w
IL
111 ii
2 �
O
J
Z
N K $
4 $�
tJwa 1-
a
J
N
f
r
[S 2
C�
y 2
8 S
s�Ilj��BM
I � i
E
a
F
4
k
it
F
V
o a
f
0
t
d
k g�
6 g
a
Ifi
w
IL
111 ii
2 �
O
J
Z
N K $
4 $�
tJwa 1-
a
J
N
f
r
[S 2
C�
y 2
8 S
1
FN
1
1
1
1
I � i
E
a
F
4
k
it
F
V
o a
f
0
t
d
k g�
6 g
a
Ifi
w
IL
111 ii
2 �
O
J
Z
N K $
4 $�
tJwa 1-
a
J
N
f
r
[S 2
C�
y 2
8 S

EXHIBIT C
[Easement Lands[
Any adjacent property as descrihed in Deed Book 907, Page 205; Less and except any prior
conveyances out.
B W5654 19v3

SCHEDULE7A
NONE
BTM:SW]9r7

SCHEDOLE7B
NONE
SMS654190 10