HomeMy WebLinkAboutSW8071207_HISTORICAL FILE_20160907STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 bb71()}
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
0 HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
'uu, 0l0�
YYYYMMDD
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
September 7, 2016
Mr. Richard Goodman, VP Retail Facilities Management
Lowe's Home Centers, LLC
1605 Curtis Bridge Road
Wilkesboro, NC 28697
Subject: Name/Ownership Change and Permit Extension
Stormwater Permit No. SW8 071207
Lowe's of Jacksonville
High Density Subdivision Project
Onlsow County
Dear Mr. Goodman:
PAT McCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that the updated permit or any updated pages to the permit will now reference
DEMLR as the Division responsible for issuance of the permit. Additionally, the Department of
Environment and Natural Resources (DENR) has been renamed the Department of Environmental Quality
(DEQ).
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development
approval issued by the Division of Energy, Mineral and Land Resources under Article 21 of Chapter 143
of the General Statutes, which is current and valid at any point between January 1, 2008, and December
31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this
time frame up to three (3) years from its current expiration date. On August 2, 2010, the Governor signed
Session Law 2010-177, which granted an extra year for an extension of up to four (4) years.
On July 12, 2016, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit
Name/Ownership Change Form from Jemsite Development, LLC for the subject project. A file review
was performed on September 7, 2016 following a site inspection on May 24, 2016. As noted in the
enclosed inspection report, the site is currently in compliance with the terms and conditions of the current
state stormwater permit. A copy of the Name/Ownership Change Form, Operation and Maintenance
Agreement, Designers' Certification, Inspection Report, and Deed Restrictions are enclosed for your
records. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form,
you have accepted the responsibility for complying with the terms and conditions outlined in this permit.
The Division is hereby notifying you that permit SW8 071207 has been transferred on September 7, 2016
and to remind you that this permit shall be effective until December 31, 2021, which includes the
extensions.
This permit is subject to the conditions and limitations as specified in the extended and transferred
permit. Please pay special attention to the conditions listed in this permit regarding the Operation and
Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership,
transferring the permit, and renewing the permit. Failure to establish an adequate system for operation
and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit,
or to renew the permit, will result in future compliance problems.
State of North Carolina 1 Environmental Quality 1 Energy. Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215
State Stormwater Permit No. SW8 050117
Page 2 of 2
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and
must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process
at 6714 Mail Service Center, Raleigh, INC 27699-6714, or via telephone at 919-431-3000, or visit their
website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any.questions, need additional copies of the permit or approved plans, please contact Kelly
Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7331.
Sincerely,
For Tracy Davis, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/kpj: \\\Stormwater\Permits & Projects\2007\071207\2016 09 permit 071207
cc: Jeff Flattery, Manager, Jemsrte Development, LLC (outgoing permittee)
1608 US Hwy 221 North, Jefferson, NC 28640
Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. NC 28405
910 7967215
State Stormwater Management Systems
Permit No. SW8 071207
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Lowe's Home Centers, LLC
Lowe's of Jacksonville
Yopp Road, Jacksonville, Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of 15A NCAC 2H .1000 and Session Law 2006-246 (hereafter referred to
as the "stormwater rules and the NPDES Phase 1/ Post Construction Requirements')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Energy,
Mineral and Land Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2021 and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 of this permit. The subdivision is permitted for
one lot and eight outparcel lots, each allowed built -upon area (BUA) as follows:
Lot / Outparcel No.
Lot Area, ac
Max BUA, sq. ft.
Lot #1
14.8
532,000
Outparcel #13
0.84
31,102
Outparcel #14
0.80
29,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Outparcel #17
1.27
47,023
Outparcel #18
1.38
51,096
Outparcel #19
1.72
63,685
Outparcel #20
0.86
31,842
Page 3 of 11
State Stormwater Management Systems
Permit No. SW8 071207
5.
Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
The following design elements have been permitted for this wet detention pond,
and must be provided in the system at all times.
a.
Drainage Area, acres:
23.7
Onsite:
1,031,916
Offsite:
none
b.
Total Impervious Surfaces, ft2:
858,113
Lot #1 (Lowe's)
532,000
Buildings, ft2:
181,650
Roads/Parking, ft2:
314,985
Other, ft2:
34,908
Outparcel #13, ft2:
31,102
Outparcel #14, ft2:
29,621
Outparcel #15, ft2:
32,583
Outparcel #16, ft2:
39,618
Outparcel #17, ft2:
47,023
Outparcel #18, ft2:
51,096
Outparcel #19, ft2:
63,685
Outparcel #20, ft2:
31,842
Offsite, ft2:
none
C.
Pond Depth, feet:
9 (5.2 average)
d.
TSS removal efficiency:
90%
e.
Design Storm:
1.5
f.
Permanent Pool Elevation, FMSL:
15.00
g.
Permitted Surface Area @PP, ft2:
60,208
h.
Permitted Storage Volume, W:
114,735
i.
Storage Elevation, FMSL:
16.70
j.
Controlling Orifice:
4"0 pipe
k.
Permanent Pool Volume, ft3:
313,693
I.
Forebay Volume, ft3:
57,272
m.
Maximum Fountain Horsepower:
112
n.
Receiving Stream / River Basin:
Brinson Creek / White Oak
o.
Stream Index Number:
19-12
p.
Classification of Water Body:
"Sc, NSW'
II. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage
feature (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Energy, Mineral and Land
Resources. Both the permittee and the lot owner are subject to enforcement
action for failing to maintain compliance with the built -upon area limit.
Page 4 of 11
State Stormwater Management Systems
Permit No. SW8 071207
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve either the
permittee or the lot owner of the responsibility to maintain compliance with the
permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
.below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. 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.
10. 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.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
12. 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.
Page 5 of 11
State Stormwater Management Systems
Permit No. SW8 071207
13. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
14. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 071207, as issued
by the Division of Energy, Mineral and Land Resources under NCAC
2H.1000 and Session Law 2006-246.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Energy, Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral and Land
Resources.
f. The maximum built -upon area per lot is as follows:
Lot / Outparcel No.
Lot Area, ac
Max BUA, sq. ft.
Lot #1
14.8
532,000
Outparcel #13
0.84
31,102
Outparcel #14
0.80
29,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Outparcel #17
1.27
47,023
Outparcel #18
1.38
51,096 .
Outparcel #19
1.72
63,685
Outparcel #20
0.86
31,842
This allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but
is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
j. Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management
Permit application package to the Division of Energy, Mineral and Land
Resources and receive a permit prior to any construction on the lot.
15. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, bear the signature of the
Permittee, the deed book number and page, and stamp/signature of the Register
Page 6 of 11
State Stormwater Management Systems
Permit No. SW8 071207
of Deeds.
16. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/2 horsepower.
17. Prior to transfer of the permit, the stormwater facilities will be inspected by
DEMLR personnel. The facility must be in compliance with all permit conditions.
Any items not in compliance must be repaired or replaced to design condition
prior to the transfer. Records of maintenance activities performed to date will be
required.
18. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function 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. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
19. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DEMLR. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
20. The facilities shall be constructed, operated and maintained in accordance with
the provisions of this permit, the approved plans and specifications, and the
supporting documents attached to this permit and on file with the Division.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. At least 30 days prior to a change of ownership, a
name change of the owner or of the project, or a mailing address change, the
Permittee shall submit a completed and signed "Name/Ownership Change Form"
to the DEMLR accompanied by the appropriate documentation as listed on page
2 of the form. The project must be in good standing with DEMLR. The approval
of this request will be considered on its merits and may or may not be approved.
The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
Page 7 of 11
State Stormwater Management Systems
Permit No. SW8 071207
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the DEMLR, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction and
receiving the necessary permits prior to conducting any development activities.
5. 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.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DEMLR to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. 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.
The permittee shall submit a permit renewal request application and fee to the
Division at least 180 days prior to the expiration date of this permit.
10. If impervious area credit for the use of permeable pavement within the lot
(project) is desired, the permittee shall either modify this permit, or shall direct
the lot owner to submit an application with all supporting documentation and the
application fee to the Division and receive a permit prior to construction of the
permeable pavement.
Permit extended and transferred this the 7'" day of September 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 071207
Page 8 of 11
State Stormwater Management Systems
Permit No. SW8 071207
Lowe's of Jacksonville
Stormwater Permit No. SW8 071207
Onslow County
Designer's Certification
Page 1 of 2
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 9 of 11
State Stormwater Management Systems
Permit No. SW8 071207
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/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. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDEQ-DEMLR Regional Office
Onslow County Building Inspections
Page 10 of 11
State Stormwater Management Systems
Permit No. SW8 071207
Master Permit No. SW8 071207
Lot # from
Master Permit
Drains to
Pond #
Offsite Permit No.
Date Issued
Offsite Project Name
Allocated
BUA
Proposed
BUA
13
1
31,102
14
1
29,621
15
1
32,583
16
1
39,618
17
1
47,023
18
1
51,096
19
1
63,685
20
1
N/A Pond lot
31,842
Page 11 of 11
III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
[Check here if current permittee is transferring the property to a new owner and will not retain
owners;hi of the permit
I, �(= F11-0er the current permittee, am submitting this application
for a transfer of ownership f r permit # 0 lI . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form., I understand that this transfer of
ownership cannot be appro y the DWQ hand until the facility is in compliance with the
permit.
Signature: Date: G
I, LaA_% row }50 a Notary Public for the State of
Jet. ,. LLa O -"QLJ , County of Hsl,- , , do hereby certify that
ae. 4 Y_ aW 'e_�ry personally appeared before me this the
I T1 day of 20_Lke_, and acknowledge the due execution of the
forgo g instrument. Witnn s`s myhand and >official seal, � (Notary,%Seai�sk„
N ry Signature 12 2�16 a v; o7A,9
My Commission Expires 2-21-20
60G
SSW N/O Change Rev24Sept2012 Page ��f� r% �``•AU
Energy. Mineral
and Land Resources
ENVIRONMENTAL QUALITY
May 11, 2016
Mr. Devin Staley, PE
Lowe's Companies, Inc.
1605 Curtis Bridge Rd
Wilkesboro, NC 28697
PAT MCCRORY
Gnvemar
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Subject: Request for Permit Name/Ownership Change and/or Renewal
SW8 970415: Lowe's Home Improvement Jacksonville (Western Blvd), Onslow County
SW8 980429: Lowe's Home Improvement Morehead City, Carteret County
SW8:07.120.7,: Lowe's Home Improvement Jacksonville (Popp Rd), Onslow County
Dear Mr. Staley:
The Division received the enclosed Stormwater Management Permit Information Update Forms on
October 26, 2015, but it appears that the projects are currently not permitted to a Lowe's entity. They are
currently permitted to others, and need to be transferred to Lowe's Home Centers, LLC because it appears
that Lowe's is the appropriate permittee. This is a different action than the update form because it
transfers permit responsibility from one entity to another rather than just changing the corporate name or
contact information for an existing permittee (which the Update Form does).
On May 10, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) conducted file review inspections of the subject projects. The three file reviews
found the information listed below for each of the three permits. Items 1-7 listed under each permit are
informational, but Item 8 listed under each permit includes a list of items that are needed. Please follow
up on these items, and submit them by July 11, 2016. Please note that each project will be inspected on -
site in the near future to determine if there are compliance items that need to be addressed.
1. All current permittees (as listed in the cc list at the end of this letter) need to submit a
Name/Ownership Change Form (enclosed) to transfer their respective permits to Lowe's
Home Centers, LLC if that is their intention. If they do not apply to transfer their
permits, they will continue to be responsible for them indefinitely. Only information for
the "Current Permittee" is needed from the current permittees. The other information can
be left blank.
2. SW8 970415 is located on land owned by VP Jacksonville, LLC. This entity is neither
the current permittee nor Lowe's. This may be a leased property. VP Jacksonville, LLC
needs to work with Lowe's to determine who the appropriate permittee will be. That
entity needs to apply for the Name/Ownership Change as the Proposed Permittee.
'6
3. SW, 980429 is located on land owned by Southstar Holdings MHC, LLC, et al.
Southstar Holdings MHC, LLC is the current permittee. This may also be a leased
property, and so Southstar Holdings MHC, LLC needs to work with Lowe's to determine
who the appropriate permittee will be. That entity needs to apply for the
Name/Ownership change as the Proposed Permittee.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215 T 1 910 350 2004 F I hma fl rl l d Ilw b/Ir/
May 11, 2016
Stormwater Application No. SW8 970415, SW8 980429, SW8 071207
SW8 970415: Lowes of Jacksonville (1255 Western Blvd, Jacksonville, NC 28546)
1. Most Recent Issue Date: 9/3/97
2. Expiration Date: 9/3/07
3. Extension Granted Until: N/A (SL 2009-406 & SL 2010-177 not apply to 1997 permits)
4. Next Expiration Date (after renew): This permit is expired. Since renewal cycle is eight years, it
needs to be renewed twice. The first renewal will bring it up through 9/3/15. The second renewal
will bring it up through 9/3/23. Each renewal is $505, and so the total for this permit's renewal is
$1010.
5. Outgoing Permittee:
a. Permitted Name: Crisman Corporation
b. Corrected Name: Crisman Corp — The permit was issued to "Crisman Corporation", but
it appears that that was a typo. The NC Secretary of State's Office's (SoS) 1997 Annual
Report shows that "Crisman Corp" was as the same address as on the permit. A permit
transfer from Crisman Corporation to Crisman Corp is not necessary. It will be a
correction.
c. SoS, Active Corporation? Yes
d. SoS. Current Person:
i. President: Daniel A. Barrero
ii. Vice President: None listed
6. Owner:
a. Owner per County GIS: VP Jacksonville LLC
b. SoS, Current Person: Two Managers Listed
i. VP Blair, LLC (Martin D. Koon is the only manager of this entity)
ii. Martin D. Koon
7. Incoming Permitee: Lowe's Home Centers, LLC
a. NC Secretary of State (SoS), Active Corporation? Yes
b. SoS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
i. Ricky D. Damron
ii. Robert F. Hull, Jr.
iii. Ross McCanless
iv. RobertA. Niblock
c. Update Form Signed by: M. Devin Staley, PE, Manager— Civil Design
8. Items Needed: Please note that all signatures must be original, and all forms must be signed by
an individual with signature authority:
a. Renewal Application: Please submit a form signed by Damron, Hull, McCanless, or
Niblock. Or, submit a letter from one of these individuals delegating authority to Staley
if Staley signs the Renewal Application.
b. $1010 renewal fee
c. Name/Ownership Change Form
i. Outgoing Permittee: Please submit a form signed by Barrero.
ii. Incoming Permittee: Please submit a form signed by Damron, Hull, McCanless,
or Niblock. Or, submit a letter from one of these individuals delegating authority
to Staley.
iii. $0 transfer fee because this is the first transfer
d. Deed (for permit transfer and/or lease documentation)
e. Designer's Certification (PE Certification): Per Permit Section 11(5)
f. Deed Restrictions: N/A, this project is not permitted as a subdivision
g. Operation and Maintenance Agreement (O&M): N/A, this document is already on file
Page 2 of 6
May 11, 2016
Stormwater Application No SW8 970415 SW8 980429 SW8 071207
lw
h. Lease:
i. If the owner leases the land to another entity and the lease shows that that entity
has the responsibility for the items covered by the permit such as the construction
of impervious area, then please also submit:
1. The applicable portion of the lease agreement
2. Applications signed by the leasee
ii. If the owner does not lease the land to the incoming permittee, please clarify the
connection between the owner and the incoming permittee.
SW8 980429: Lowes at Morehead Citv (5219 US-70, Morehead City, NC 28557
1. Most Recent Issue Date:
a. Original Permit: 9/2/99
b. Plan Revision: 3/8/06
c. Renewal: 7/9/13
2. Expiration Date: 7/12/2)
3. Extension Granted Until: N/A (SL 2009-406 & SL 2010-177 not apply to 1998 permits)
4. Next Expiration Date (after renew): N/A, renewal is not needed
5. Outgoing Permittee:
a. Permitted Name: Southstar Holdings — Morehead City, LLC
b. NC Secretary of State (SoS), Active Corporation? Yes
c. SoS, Current Person: Two Managers Listed:
i. E. Blanton Hamilton, Jr
ii. Scott C. Bortz
6. Owner: '
a. Owner per County GIS: Southstar Holdings MHC, LLC, et al
iii. It appears that the County CIS just abbreviated the official corporation name.
There is no "Southstar Holdings MHC, LLC" listed on the SoS's website. It does
not appear that this is a transfer to a separate entity.
iv. If the deed shows that the property is now owned by more than one entity, then
please submit a Name/Ownership Change to transfer the permit into all entities'
names.
b. SoS, Current Person: Same as above
Incoming Permitee: Lowe's Home Centers, LLC
a. NC Secretary of State (SoS), Active Corporation? Yes
b. SoS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
i. Ricky D. Damron
ii. Robert F. Hull, Jr.
iii. Ross McCanless
iv. Robert A. Niblock
c. Update Form Signed by: M. Devin Staley, PE, Manager — Civil Design
8. Items Needed: Please note that all signatures must be original, and all forms must be signed by
an individual with signature authority:
a. Name/Ownership Change Form
i. Outgoing Permittee: Please submit a form signed by Hamilton or Bortz.
ii. Incoming Permitee: Please submit a form signed by Damron, Hull, McCanless,
or Niblock. Or, submit a letter from one of these individuals delegating authority
to Staley.
iii. $0 transfer fee because this is the first transfer
Page 3 of 6
May 11, 2016
Stormwater Application No. SW8 970415, SW8 980429, SW8 071207
b. Deed (for permit transfer and/or lease documentation): Please note that County records
show that this land is owned by "Southstar Holdings MHC, LLC, et al". If there is more
than one owner on the deed please contact me, and we can discuss it further.
c. Designer's Certification (PE Certification): N/A, this document is on file (6/10/13)
d. Deed Restrictions: Needed per Permit Section II (13), see the 1999 permit
e. Operation and Maintenance Agreement (O&M): N/A, his document is already on file
(7/6/98)
f. Lease:
If the owner leases the land to another entity and the lease shows that that entity
has the responsibility for the items covered by the permit such as the construction
of impervious area, then please also submit:
I. The applicable portion of the lease agreement
2. Applications signed by the leasee
If the owner does not lease the land to the incoming permittee, please clarify the
connection between the owner and the incoming permittee.
SW8 071207: Lowes of Jacksonville, (425 Yopp Rd, Jacksonville, NC 28540)
1. Most Recent Issue Date:
a. Original Permit: 1/28/08
b. Correction: 1/20/10
2. Expiration Date: 1/28/2018
3. Extension Granted Until: 12/31/21 (per SL 2009-406 & SL 2010-177- not previously issued)
4. Next Expiration Date (after renew): N/A, renewal is not needed
5. Outgoing Permittee:
a. Permitted Name: Jemsite Development, LLC
b: NC Secretary of State (SoS), Active Corporation? Yes
c. SOS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
a. Jeffrey E. Flattery
b. James M. Vannoy
c. William E. Vannoy
6. Owner:
a. Owner per County GIS: Lowes Home Centers Inc.
b. Note: It appears that "Lowes Home Centers, Inc." and "Lowes Home Centers, LLC"
merged recently and that the LLC was the surviving entity. However, the documentation
on the SOS's website is unclear. The Articles of Merger show that "LCI DE, LLC"
merged with "Lowes Home Centers, LLC" and that "Lowes Home Centers, LLC" was
the survivor. Please clarify and provide documentation that "Lowes Home Centers, Inc."
merged into "Lowes Home Centers, LLC".
7. Incoming Permitee: Lowe's Home Centers, LLC
a. NC Secretary of State (SoS), Active Corporation? Yes
b. SOS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
iii. Ricky D. Damron
iv. Robert F. Hull, Jr.
v. Ross McCanless
vi. Robert A. Niblock
c. Update Form Signed by: M. Devin Staley, PE, Manager — Civil Design
Page 4 of 6
May 11, 2016
Stormwater Application No SW8 970415 SW8 980429, SW8 071207
8. Items Needed: Please note that all signatures must be original, and all forms must be signed by
an individual with signature authority:
,,e Name/Ownership Change Form
ti- Outgoing Permittee: Please submit a form signed by Flattery, J. Vannoy, or W.
V annoy.
Sri. Incoming Permittee: Please submit a form signed by Damron, Hull, McCanless,
or Niblock. Or, submit a letter from one of these individuals delegating authority
to Staley.
'iii. $0 transfer fee because this is the first transfer
%,bc Deed (for permit transfer and/or lease documentation)
--&. Designer's Certification (PE Certification): N/A, this document is on file (1/28/08)
-4, Deed Restrictions: N/A, this document is on file (BK 3159/ PG 384-387)
r. Operation and Maintenance Agreement (O&M): N/A, this document is on file (1/31/14)
f Lease:
i. If the owner leases the land to another entity and the lease shows that that entity
has the responsibility for the items covered by the permit such as the construction
of impervious area, then please also submit:
1. The applicable portion of the lease agreement
2. Applications signed by the leasee
ii. If the owner does not lease the land to the incoming permittee, please clarify the
connection between the owner and the incoming permittee.
Any individual or entity found to be in noncompliance with the provisions of a Stormwater management
permit or the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
Failure to provide the requested information, or to respond to this letter by the due date, may initiate
enforcement action including the assessment of civil penalties.
Additionally, for your records, effective August 1, 2013, the State Stormwater program was transferred
from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources
(DEMLR). All previous references to DWQ will remain in older Stormwater permits issued prior to
August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division
responsible for issuance of the permit. Additionally, the department was renamed from the Department of
Environment and Natural Resources (DENR) to the Department of Environmental Quality (DEQ).
Please reference the State assigned application number on all correspondence. If you have any questions
concerning this matter, please feel free to call me at (910) 796-7215 or email me at
kelly.pjohnson@ncdenr.gov.
Engineer
GDS%kpj: \\\Stormwater\Permits & Projects\1997\970415 HD\2016 05 addinfo 970415
IU \\\Stormwater\Permits & ProJects\1998\980429 HD\2016 05 addinfo 980429
\\\Stormwater\Permits & ProJects\2007\071207 HD\2016 05 addinfo 071207
Page 5 of 6
May 11, 2016
Stormwater Application No. SW8 970415, SW8 980429, SW8 071207
enc : All Three Permits: Name/Ownership Change Form
SW8 970415 Permit Update Form, 10/26/15
SW8 970415 Permit
SW8 970415 Onslow County GIS, ownership data 5/10/16
SW8 970415 NC Secretary of State Documentation
SW8 980429 Permit Update Form, 10/26/15
SW8 980429 Permits
Original Permit: 9/2/99
Plan Revision: 3/8/06 (unsigned only, original lost from file)
Renewal: 7/9/13
SW8 980429 Carteret County GIS, ownership data 5/10/16
SW8 980429 NC Secretary of State Documentation
SW8 071207 Permit Update Form, 10/26/15
SW8 071207 Permit, 1/20/10
SW8 071207 Onslow County GIS, ownership data 5/10/16
SW8 071207 NC Secretary of State Documentation
cc: SW8 970415 Current/Outgoing Permittee: (w/ SW8 970415 attachments)
Daniel A. Barrero, President, Crisman Corp.
4967 Brushy Mountain Rd, Moravian Falls, NC 28654
SW8 970415 Property Owner: (w/ SW8 970415 attachments)
Martin Koon, Manager, VP Jacksonville, LLC & VP Blair, LLC
128 Oakwoods Trace, Wilkesboro, NC 28697
SW8 980429 Current/Outgoing Permittee: (w/ SW8 980429 attachments)
Blanton Hamilton & Scott Bortz, Managers, Southstar Holdings — Morehead City, LLC
2820 Selwyn Ave, Suite 425, Charlotte, NC 28209
SW8 071207 Current/Outgoing Permittee: (w/ SW8 071207 attachments)
Jeffrey Flattery, Manager, Jemsite Development, LLC
2874 Chestnut Grove Rd, Sparta, NC 28675
James Vannoy and William Vannoy, Managers, Jemsite Development, LLC
PO Box 635, Jefferson, NC 28640
Wilmington Regional Office Stormwater Permit File SW8 970415
Wilmington Regional Office Stormwater Permit File SW8 980429
Wilmington Regional Office Stormwater Permit File SW8 071207
Page 6 of 6
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAIVE/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: GU-7
2. Project Name:
3. Current Permit Holder's Company Name/Organization:
4. Signing Official's Name:
5. Mailing Address:
City:
6. Phone: ( )
Fax:( )
Title:
Zip:
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:
2. Proposed permittee's signing official's name:
3. Proposed permittee's title:
4. Mailing Address:
City:
Phone: ( )
5. New Project Name to be placed on permit:
State: Zip:
Fax:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev24Sept2012 Page 1 of 4
III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form This certification ; u. be completed and`signed :by bpth",the
currentpermif holder and the new,_applicant rf this is a change.ofownership.
2. Cegal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
❑ Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, , the current permittee, am submitting this application
for a transfer of ownership for permit # I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature:
County of
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
Notary Signature
(Notary Seal)
CSW N/n Chnnna Rav24Sent2012 Paoe 2 of 4
V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
1, hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
the most recent permit
the designer's certification for each BMP
❑ any recorded deed restrictions, covenants, or easements
❑ the DWQ approved plans and/or approved as -built plans
❑ the approved operation and maintenance agreement
epast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete.
Signature: Date:
1, , a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of 20, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
otary Signature
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
Mailing Address:
City:
Phone:
Email:
State:
(if different from street address)
State:
Fax:
Zip:
Zip:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner Date:
I, a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of 20, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
& CONSTRUCTION
Road, Wilkesboro,
October 19, 2015
Georgette D. Scott
Stormwater Supervisor
Division of Energy, Mineral, and Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Permit Information Update Forms
Lowe's Home Centers, LLC
Dear Ms. Scott:
Enclosed you will find executed Permit Information Update Forms for the following Lowe's
projects:
o ✓Lowe's of Cape Carteret, NC-- Sl. CC C>✓ j
— o Lowe's of Morehead City, NC - SGv W j 20 l,�P
o ✓Lowe's of Shallotte, NC - --5 G % S 9 917 4/ 6
o Lowe's of Jacksonville, NC (Yopp Road) - ,5 O 1 / 7
o /Lowe's of Southport, NC - S Gv
o /Lowe's of Wilmington, NC ,- - 4-Y u O 06 2 J
C ✓Lowe's of Jacksonville, NC (Western Boulevard).-
If you have any questions, or need additional information concerning this matter, please contact
me at 336-658-4347.
Kindest Regards,
M. Devin Staley, PE v
Lowe's Companies, Inc.
qqi r �! pNN'
J I)
131'1 _
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STORMWATER MANAGEMENT PERMIT INFORMATION UPDATE FORM
This form is only to be used by the current permittee to: 1) change the Point of Contact (signing official) for
the current permittee (LLC, Corporation, HOA or POA); 2) change the mailing address, phone number or email
address of the current permittee; 3) change the name of the project; and 4) change the legal corporate name
as documented by a Name Change filed with the NCSOS. For all transfers of the permit to a NEW OWNER
(including dissolution of the current permittee corporation or LLC and the transfer of assets to a new
corporation or LLC), please complete the "Permit Transfer Form".
1. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: SW8 071207
2. Project Name: Lowe's of Jacksonville NC (Yopp Road)
3. Current / Previous Corporation Name: Lowe's Home Centers Inc.
4. Current Permit Holder's Company Name/Organization: Lowe's Home Centers LLC
C
5. Signing Official's Name: Stewart Scott Title: VP - Engineering/Construction
Phone: ( 336) 658-4000 Fax: (�
IL NEW PERMIT INFORMATION
Request the following information be updated: (Please check all that apply. If more than one point of contact or mailing
address is being changed, please attach a separate sheet.)
❑ Project Name — (Complete Item 1 below)
❑X Corporation Name — (Complete Item 2 below and provide the Name Change f
❑ Point of Contact (i.e., Signing Official, Property Owner, LLC Manager, HOA/Pi
(Complete Items 3 & 4 below and provide a copy of supporting documentation
❑ Mailing Address / Phone Number/ Email Address — (Complete Item 5, 6, or 7 i
1. New Project Name:
2. New Corporation Name: Lowe's Home Centers LLC
3. New Point of Contact Name: M. Devin Staley, PE
4. New Point of Contact Title: Manager Civil Design
5. New Mailing Address:
City:
6. New Phone:( New Fax: (_)
7. New Email Address: devin d staleVCa)lowes com
III. CURRENT PERMITTEE'S CERTIFICATION
Apt./Suite#
Zip:
I, Stewart Scott , the current permittee, hereby notify DEMLR that I am making the above
noted changes as listed in Section 11. 1 further attest that this application for an update to the permit information
currently on file is aN*uc t44d coplele to the best of my knowledge.
Signature:
!D - >. ZO ° S
��/1 f °. x e �C e• � � a Notary Public for the State of Nu. -
County of 1'4 : Mul, , , do hereby certify that S )— we fr 5 Y4
personally appeared before me this the �/ day of cO C-D I�— 201 and acknowledge the
due execution of the forgoing instrument. Witness my hand and official seal,
My commission expires_
Notary Public, North Carolina
Wilkes County
My Commission Expires
February 20, 2017
Beverly Eaves Perdue
Governor
January 20, 2010
NCENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Jeffrey Flattery, Member/Manager
Jemsite Development, LLC
1608 US Hwy 221N
Jefferson, NC 28640
Subject: Stormwater Permit No. SW8 071207
Lowe's of Jacksonville
High Density Subdivision Project
Onlsow County
Dear Mr. Flattery:
Dee Freeman
Secretary
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Lowe's
of Jacksonville on January 18, 2008, and issued a permit on January 28, 2008. Recent events led to a review
of the file and of the existing permit and certain errors and omissions were discovered. The Division is
correcting those errors and omissions with this revised permit. Corrections include:
1) The inclusion of an "Offsite Lot Table" to assist in tracking the outparcel development;
2) The addition of a requirement to submit a renewal application 180 days before the permit expires; and;
3) A correction to the permit adjudication period from 60 days to 30 days.
Staff review of the plans and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and NPDES Phase II Post -Construction
Requirements set forth in Session Law 2006-246. We are forwarding the corrected Permit No. SW8 071207
dated January 20, 2010, for the construction of the subject project, Lowe's of Jacksonville.
This permit shall be effective from the date of issuance until January 28, 2018, 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 adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 1506 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 Christine
Nelson, Linda Lewis or me at (910) 796-7215.
Sincerely,
eorgette cot8 t
Stormwater Supervisor
Division of Water Quality
GDS/arl: S:\WQS\STORMWATER\PERMIT\071207reissue.jan10
cc: Todd Simmons, P.E., Freeland and Kauffman
Onslow County Building Inspections
Wilmington Regional Office Stormwater File, Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1-877-623-6748 North Carolina
Internet:w .nmalerquality.org
State Stormwater Management Systems
Permit No. SW8 071207
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Jeffrey Flattery & Jemsite Development, LLC
Lowe's of Jacksonville
Yopp Road, Jacksonville, Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of 15A NCAC 2H .1000 and Session Law 2006-246 (hereafter referred to
as the "stormwater rules and the NPDES Phase 11 Post Construction Requirements')
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 January 28, 2018 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 of this permit. The subdivision is
permitted for one lot and eight outparcel lots, each allowed built -upon area (BUA)
as follows:
Lot / Out arcel No.
Lot Area, ac
Max BUA, s . ft.
Lot #1
14.8
532,000
Outparcel #13
0.84
31,102
Outparcel #14
0.80
29,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Outparcel #17
1.27
47,023 '
Outparcel #18
1.38
51,096
Outparcel #19
1.72
63,685
Outparcel #20
0.86
31,842
pans 9 of 10
State Stormwater Management Systems,
Permit No. SW8 071207
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
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 following design elements have been permitted for this wet detention pond,
and must be provided in the system at all times.
a.
Drainage Area, acres:
23.7
Onsite:
1,031,916
b.
Offsite:
Total Impervious Surfaces, ft2:
none
858,113
Lot #1 (Lowe's)
532,000
2.
Buildings, ftZ:
181,650
Roads/Parking, ft2:
314,985
Other, ft2:
34,908
Outparcel #13, ftZ:
31,102
Outparcel #14, ft2:
29,621
Outparcel #15, ft2:
32,583
Outparcel #16, ft2:
39,618
Outparcel #17, ft2:
47,023
Outparcel #18, ft2:
51,096
Outparcel #19, ft2:
63,685
OutparceJ#20, ft2:
31,842
Offsite, ft .
none
c.
Pond Depth, feet:
9 (5.2 average)
d.
TSS removal efficiency:
90%
e.
Design Storm:
1.5
f.
Permanent Pool Elevation, FMSL:
15.00
g.
Permitted Surface Area @PP ft2:
60,208
h.
Permitted Storage Volume, ft
114,735
i.
Storage Elevation, FMSL:
16.70
j.
Controlling Orifice:
4`0 pipe
k.
Permanent Pool Volume, ft3:
313,693
I.
Forebay Volume, ft3:
57,272
m.
Maximum Fountain Horsepower:
1/2
n.
Receiving Stream / River Basin:
Brinson Creek / White Oak
o.
Stream Index Number:
19-12
p.
Classification of Water Body:
"Sc, NSW"
19. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage
feature (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality. Both the permittee
and the lot owner are subject to enforcement action for failing to maintain
compliance with the built -upon area limit.
Page 3 of 10
State Stormwater Management Systems
Permit No. SW8 071207
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve either the
permittee or the lot owner of the responsibility to maintain compliance with the
permitted BUA limit.
4. The permittee shall submit -to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. 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.
10. 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.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
12. 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.
Dane d of 10
State Stormwater Management Systems
Permit No. SW8 0712Q7
13. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
14. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 071207, as issued
by the Division of Water Quality under NCAC 2H.1000 and Session Law
2006-246,
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is as follows:
Lot / Out arcel No.
I Lot Area, ac
I Max BUA, s , ft.
Lot #1
1 14.8
532,000
Out arcel #13
1 0.84
31,102
Outparcel #14
0.80
129,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Out arcel #17
1.27
47,023
Outparcel #18
1.38
51,096
Outparcel #19
1.72
63,685
Outparcel #20
0.86
31,842
This allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but
is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
j. Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management
Permit application package to the Division of Water Quality and receive a
permit prior to any construction on the lot.
15. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, bear the signature of the
Permittee, the deed book number and page, and stamp/signature of the Register
of Deeds.
Page 5 of 10
16.
State Stormwater Management Systems
Permit No. SW8 071207
Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/2 horsepower.
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
18. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function 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. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
19. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. At least 30 days prior to a change of ownership, a
name change of the owner or of the project, or a mailing address change, the
Permittee shall submit a completed and signed "Name/Ownership Change Form"
to the Division of Water Quality accompanied by the appropriate documentation
as listed on page 2 of the form. The project must be in good standing with DWQ.
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by. the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
Panes 6 of 10
State Stormwater Management Systems
Permit No, SW8 071207
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction and
receiving the necessary permits prior to conducting any development activities.
5. 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.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. 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.
9. The permittee shall submit a permit renewal request application and fee to the
Division at least 180 days prior to the expiration date of this permit.
Permit corrected and reissued this the 20th day of January 2010.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SNUB 071207
Page 7 of 10
State Stormwater Management Systems
Permit No. SWS 071207
Lowe's of Jacksonville
Stormwater Permit No. SW8 071207
Onslow County
Designer's Certification
Page 1 of 2
1, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
e
n--- 0 s in
State Stormwater Management Systems .
Permit No. SW8 071207
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/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. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Onslow County Building Inspections
Page 9 of 10
State Stormwater Management Systems
Permit No. SW8 071207
Master Permit No. SW8 071207
Lot #from
Master Permit
Drains to
Pond #
Offsite Permit No.
Date Issued
Offsite Project Name
Allocated
BUA
Proposed
BUA
13
1
31,102
14
1
29,621
15
1
32,583
16
1
39,618
17
1
47,023
18
1
51,096
19
1
63,685
20
1
N/A Pond lot
31,842
Don. 1 r1 of 1 A
SW8 071207 — Lowe's of Jacksonville (Popp Rd)
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LIMITED LIABILITY COMPANY ANNUAL R
NAME OF LIMITED LIABILITY COMPANY:
Jemsite Development, LLC
SECRETARY OF STATE ID NUMBER: 0885004 STATE OF FORMATION: NC
REPORT FORTH E YEAR: 2016
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Jeffrey Flattery
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SOSID: 0885004
Date Filed: 2/19/201611:59:00 PM
Elaine F. Marshall
North Carolina Secretary of State
CA2016 050 02033
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
1608 US Highway 221 N PO Box 635
Jefferson, NC 28640 Ashe Jefferson, NC 28640 Ashe
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: (336) 846-7191
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
1608 US Highway 221 N
Jefferson, NC 28640 Ashe
3. PRINCIPAL OFFICE EMAIL; Privacy Redaction
I
-4AM5. PRINCIPAL OFFICE MAILING ADDRESS
PO Box 1000.
Jefferson, NC 28640 Ashe
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Jeffrey E Flattery NAME: JAMES M VANNOY
NAME: William E Vannoy
TITLE: Manager TITLE: Manager TITLE Manager
ADDRESS: ADDRESS: ADDRESS:
2874 Chestnut Grove Rd P. O. Box 635
PO Box 635
Sparta, NC 28675 Jefferson, NC 28640 Ashe Jefferson, NC 28640-0110 Ashe
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
_ ;?-/17/ It,
GNATUR DATE
Form must ig b Company Official listed un Section C of this form.
Poht or Type Name of compaIlly Official . Print or Type The TPoe of the Company Official
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200
I UUTED L�ABUTY COMPANY �.i�NUAL.G�EPORT
,
wj
NAME OF LIMITED LIABILITY COMPANY: Lowe's Home Centers, LLC
SECRETARY OF STATE ID NUMBER: 0087619 STATE OF FORMATION: NC E-Fled Annual Report
0087619
REPORT FOR THE YEAR: 2016 CA201609504378
414016 04:29
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Corporation Service Company
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT .
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
327 Hilisborough Street 327 Hillsborough Street
Raleigh NC 27603-1725 Wake County Raleigh NC 27603-1725
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Retail
2. PRINCIPAL OFFICE PHONE NUMBER: (704) 758-2520 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS E COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
1605 Curtis Bridcae Rd _ 1000 Lowes Blvd NB4TA
Wilkesboro, NC 28697-2231 Mooresville, NC 28117-8520
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Ricky D. Darnron
NAME: navid R Green
TITLE: Manager TITLE: Vice President
ADDRESS:
ADDRESS:
NAME: Robert F. Hull, Jr.
TITLE: Manager
ADDRESS:
1000 Lowe's Blvd 1000 Lowe's Blvd 1000 Lowe's Blvd.
Mooresville, NC 28117 Mooresville, NC 28117 Mooresville, INC 28117
SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity.
David R Green
SIGNATURE
Form must be signed by a Company Official listed under Section C of this form.
4/4/2016
DATE
David R Green Vice President
Print orType Name of Company Official Print or Type The Tile of the Company Official
.MAIL TO: Secretary of State, corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525
. I
I
SECTION E: ADDITIONAL COMPANY OFFICIALS
NAME: BOSS W MCCanless
NAME: Robert A NibloCk
NAME:—
TITLE: Manager
TITLE: Manager
9
TITLE:
—
ADDRESS:
ADDRESS:
ADDRESS:
1000 Lowe's Blvd
1000 Lowe's Blvd
Mooresville, NC 28117-8520
Mooresville, NC 28117
NAME:
NAME:
NAME:
TITLE:
TITLE:
TITLE:
ADDRESS:
ADDRESS:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
NAME:
NAME:
TITLE:
TITLE:
TITLE:
ADDRESS:
ADDRESS:
ADDRESS:
NAME:
NAME:
Name:
TITLE:
TITLE:
TITLE:
ADDRESS:
ADDRESS:
ADDRESS:
NAME:
NAME:
NAME:
TITLE:
TITLE:
'TITLE:
ADDRESS:
ADDRESS:
ADDRESS:
Date Fiied:.10/30/2013 3:47:00 FM
Effectirc: 11/1/2613
Elaine F. Marshall
North Carolina Secretary of State
State or North Carolina
Department of the Secvetncy of State
ARTICLES OF oRG& zkTi®N
iNCL DIINC AMCLEI;S OF CONVI4iON
Pursuantto §§ 57C-2-21, 57C-9A-01 and 57C-9A-03 of the General Statutes of North Carolina, the
undersigned converting business entity does hereby submit these Articles of Organi7AIion including Articles of
Conversion for the purpose of forming a limited liability company.
1. The name of the limited liability company is: toswe'SwoMConiM.ttLC
The limited liability company is being formed pursuant to a conversion of another business entity.
2. The name of the convening business entity is towe's Honor Cmnters,"
and the organization and internal affairs of the converting business entity are govemed by the laws of
the state or country of none caw—
A plan:of conversion has been approved by the converting business entity as required by law.
3. The convecting business entity is a (check one): d® domestic corporation; []foreign corporation; ❑
foreign .limited liability company; ❑ domestic limitedipartnership;
foreign limited partnership; ❑ domestic registered limited liability partnership;
foreign limited liability partnership; or ❑ other partnership as defined in G.S. 59.36, whether or not
formed under the laws of North Carolina.
4. if the limited liabil ity company is to dissolve by a specific date, the latest<date on which the limited
liability company is to dissolve: (If no dare for dissolution is speeifred, there sbail he no limit on Ike
dta'arion gfthe limited lability cosrpany.),^
5. The name and address of cach person executing these articles of organization is as fbilows: (Slate
whether each person is exectaing these articles of organization in the capacity of ca member; organizer
or both).
02ftherM Kww Jr Organizer 1000 Lowe's Blvd Mooresville NC 2Bi97
M
7.
The street address and county of the initial registered office of the limitW liabilitycompany is:
Number and Street
327 Hillsborough Street
City, State, 'Lip Code Raleigh, NC, 27603
County Wake
The mailing address, ifdifferenttrots dire street add?ess, of the initial registered office is:
8. The name of the initial registered agent is: Corporation Service Company
CORPORATIONS DIVISION P.O: BOX 29622 RALEIGH, NC 276264622
(Revised danuary 2002) (Form L-01A)
9. Principal office information: (,Select either a or b.)
S. Q The limited liability company has a principal office.
o The street address and county of the principal office of the limited liability company is:
Number and Street 1605 Curtis Bridge Road
City. State. Zip CodcWllkosbom=NC 28697 County v"1WS
o The mailing address, Ifdifferenefrorn edrestveet address, of the principal office of the, limited liability
company is: 1000 Lowe's Blvd. MmmSvlile. NC 28117
b. ❑ The limited liability company does not have a principal office.
10. Check one of the following:
(i) Member -managed LLC: all members by virtue of their status as members shall be managers of
this limited liability company.
(ii) Manager-rraseraaged LLC: except as peovided by R.C.C.S. Section 57C-3-20(a), the members
of this limited liability company shall not be managers by virtue of their status as members.
11. Any other provisions which the limited liability company elects to include are attacbed.
12. These,artictes will be effective upon filing, unless a date and/or time is specified:
November 1, 2013
This is the 4101
day of-0—c—__, 2O 93
' '
Signature
canner M. Keemr. Jr. Organizer
Type or Print Name and Tulle
NOTES.
1. FaieR fre 6 S125. 'rhb do urnml must he MW with llle'surttury otalalc.
CORPORATIONS DIVISION RO. BOX 29622
(Revised Januaty 2002)
RALEIGH, NC 27626.0622
(Form L-01A)
�1(:k ` A--1N3"
,c�tc�Ro C 9 qR A3
EXHIBIT A
RESOLUTIONS OF THE MANAGERS OF
LOWE'S HOME CENTERS, LL.0
March 1, 2015
WHEREAS, the Company is periodically involved in financial and real estate transactions which require .
the execution and delivery of contracts, agreements, leases, deeds, deeds of trusts or mortgages, easements,
operating agreements, development agreements, notes, escrow agreements, guaranties, and other documents and
instruments necessary for the acquisition and disposition of'real estate or leasehold interests in real estate and the
financing of transactions relating to the acquisition and disposition of real estate; and
WHEREAS, it is the purpose of this resolution to authorize certain officers of the Company to act on
behalf of the Company on a continuing basis to execute such instruments and documents:
NOW. THEREFORE, BE IT RESOLVED, that any one of the following officers is authorized to
execute and deliver contracts; agreements, leases, deeds, deeds of trusts or mortgages, easements, operating
agreements, development agreements, notes, escrow agreements, guaranties, and other documents and
instruments necessary for the acquisition and disposition of real estate or leasehold interests in real estate and
the financing of transactions relating to the leasing acquisition or disposition of real estate on behalf of the
Company or any of its subsidiaries or affiliates:
• Chairman
• President and Chief Operating Officer
• Senior Vice President, Real Estate/Engineering & Construction
• Chief Financial Officer
• Chief Legal Officer, Chief Coinpliance Officer and Secretary
• ( Any Vice President designated by the Chairman or President and Chief Operatim, Officcr
When attestation is necessary the Secretary or any one of the Assistant Secretaries of the Company is hereby
authorized and appointed to attest the signatures of any one of the above -named officers and affix the corporate
seal. The execution of such instruments and documents by these officers shall be binding upon the Company..
and such officers are authorized to fix and determine the final details of such instruments and documents and
deliver the same.
RESOLVED, that the Secretary or any Assistant Secretary may provide certified copies of this
resolution to other interested parties as evidence of the authority of these officers to act on behalf of the
Company. The Secretary or any Assistant Secretary of the Company are hereby authorized to certify to
interested third parties as to the continuing authority or incumbency of an individual as an officer of the
Company and the fact that this resolution has not been rescinded.
RESOLVED, that the authority of these officers to act on behalf of the Company shall cease upon their
no longer being employed by the Company or their no longer occupying one of the offices set forth above.
ECEIVE
JUL 12 2016
RY:
INCUMBENCY CERTIFICATE
The undersigned officer of Lowe's Home.Centers, LLC, a limited liability company organized and existing
under the laws of the State of North Carolina (the "Company"). does hereby certify, as follows:
1. I am the duly elected or appointed, qualified and acting Assistant Secretary of the Company and as
such, I am familiar with its books and records.
2. The Company is a limited liability company duly organized and validly existing under the laws of the
State of North Carolina.
3. Attached hereto as Exhibit A is a true and correct copy of the resolutions for real estate matters
duly adopted by the Managers of the Company; said resolutions have not been amended, altered, or repealed and
are in full force and effect on the date hereof; and said resolutions were duly adopted in accordance with applicable
law and the Operating Agreement of the Company.
4. The person named below was at all times on and after March 1, 2015, and is on the date hereof,
the duly elected or appointed qualified and acting officer of the Company holding the office set forth opposite his
name below.
Name Title
Richard Goodman Vice President, Real Estate Operations and Facilities Management
IN WITNESS WHEREOF, the undersigned has hereunto set his signature on June 23, 2016.
L'OWE'S t"OME CENTERS, LLC
By b (A-,
r; James W. Potter
Assistant Secretary
CA201308602912
LIMITED LIABILITY COMPANY ANNUAL
NAME OF LIMITED LIABILITY COMPANY: Jemsite Development, LLC
SECRETARY OF STATE ID NUMBER: 0885004 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2013
Date Filed: 3/27/2013 4:15:00 PNI
Elaine F. Marshall
North Carolina Secretary of State
Fiting Offica Use ONy
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Jeffrey Flattery
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
160B Hwy. 221 North
Jefferson, NC 28640 Ashe
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
PO Box 635
Jefferson, NC 28640
2. PRINCIPAL OFFICE PHONE NUMBER: (336) 846-7191 3. PRINCIPAL OFFICE EMAIL:
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
1608 Hwy. 221 North
Jefferson, NC 28640 Ashe
5. PRINCIPAL OFFICE MAILING ADDRESS
PO Box 635
Jefferson, NC 28640
SECTION C: MANAGERSIMEMBERSIORGANIZERS (Enter additional Managers/Members/Organizers in Section E.)
NAME:' Jeffrey E Flattery NAME: James M Vannoy NAME: William E Vannoy
TITLE: Manager TITLE: Manager TITLE: Manager
ADDRESS: ADDRESS: ADDRESS:
2874 Chestnut Grove Rd P 0 Box 635 P 0 Box 635
Sparta, NC 28675
Jefferson„ NC 28640
Jefferson, NC 28640
SECTION D: CERTIFICATION OF ANNUAL R5nRT Section D must be completed in its entirety by a person/business entity.
3-ems-y3
DATE
Form must be sign by lined under Section C of this form.
-3-t-P r CI Mkt„CAGY
�Pdntar Type Name ManagerlMember TITLE
SUBMIT THIS ANNUAL REPORT NTH THE
II IIIIIIIIIIIIII IIIIIIIIIIIII I I I
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29526, Raleigh, INC 27626-0526
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Doc ID: 007057500007 Type: CRP
Recorded: 12/18/2008 at 04:37:28 PM
Fee Amt: $30 007.00 Page I of 7
Excise Tax: $29,975.00
Onslow County NC
a
Rebecca L. Pollard Reg. of Deeds
BK3161 po21-27
This deed presented to
The 2, w Co Tax jlffice
Date' s(� Clerkly¢—
000 ��- NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $29,975.00
Mail after recording to: Tre Jernig , Esq. T;, :- {lrwy G. L wn�n� �9
Womb rlyleSandridge&Rice, PLLC I�lwrc Taekab-.ry 4 M<44^+.ros
One W'; t urth St. i1c 5./ sis t{„rA gA_, S4` FI-,r
Win on -Sale , NC 27101
This instrument was prepared by: Amy C. Lanning
THIS DEED made this 1 day of � , 2008, by and between
GRANTOR
JEMSITE DEVELOPMENT, LLC
GRANTEE
LOWE'S HOME CENTERS, INC.
1000 Lowe's Blvd.
Mooresville, NC 28117
Attn: Tax Department
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple those
cc in parcels of land situated in Onslow County, North Carolina and more particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple. 5">
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions
hereinafter stated:
SEE EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. o r
N.C. Bar Assoc. Form No. 3 0 1977 'EV E N V 1i
Pmted by Agreement WAh the N.C. Bar Assoc.
#00 BTCM:391246.1 JUL 12 2016
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written.
JEMSITE DEVELOPMENT, LLC
By: (SEAL)
JEFF 'Y . FI YERY, Me e Manager and President
STATE OF NORTH CAROLINA
COUNTY OF (2A
I lid la P certify that the following person(s) personally appeared before me this
day, each acknowledging to me that he or she signed the foregoing document: Jeffery E. Flattery.
Witness my hand and official seal, this the day of December, 2008.
sy= Notary Public
p : Commission Expires:
^—
r
N.C. Bar Assoc. Form No. 3 ® 1977
,nmml by AgmcmomW No N.C. Bar Assoc
F003
a7'CM:391246.1
EXHIBIT A
BEING all of Lot 21 as shown in Plat Book 54, Page 163 and Plat Book 54, Page 157, Onslow
County Registry and being more particularly described as follows:
Commencing at an NGS Monument `Bailey" having NC Grid coordinates of N: 368,580.001 and
E: 2,463,504.536 and running S 69-18-53 W for 1347.96 feet to an PK nail on the south right of way
of Yopp Rd. and being the Point of Beginning; thence along said Yopp Rd. S 52-39-27 E for 186.73
feet to an iron pin; thence leaving said right of way S 36-43-20 W for 183.50 feet to an iron pin;
thence S 53-16-47 E for 218.73 feet to an iron pin; thence S 75-23-35 E for 20.04 feet to an iron pin
on the west right of way of Yopp Rd.; thence along said Yopp Rd. S 14-36-23 W for 462.43 feet to
an iron pin; thence S 75-23-37 E for 117.18 feet to an iron pin; thence leaving said right of way S
24-19-37 W for 359.94 feet to an iron pin on the north right of way of HWY 17 By -Pass (controlled
access); thence along said right of way along a curve concave to the north having a radius of 1677.28
feet, an arc of 191.96 feet and a chord of N 69-09-49 W for 191.85 feet to an iron pin; thence along
said right of way along a curve concave to the north having a radius of 1640.42 feet, an arc of 96.82
feet and a chord of N 63-55-13 W for 96.81 feet to an iron pin; thence along said right of way along
a curve concave to the north having a radius of 1635.12 feet, an are of 105.76 feet and a chord of N
60-22-46 W for 105.74 feet to a R\W Disk found; thence N 55-53-27 W for 289.22 to an existing
R/W disk; thence N 53-16-03 W for 383.64 feet to an iron pin; thence leaving said right of way N
36-43-12 E for 103.31 feet to an iron pin; thence N 85-50-12 E, for 57.83 feet to an iron pin; thence
S 53-16-38 E for 36.53 feet to an iron pin; thence N 36-43-22 E for 406.87 feet to an iron pin; thence
S 53-16-38 E for 74.78 feet to an iron pin; thence N 36-43-27 E for 271.31 feet to an iron pin; thence
S 53-22-02 E for 118.55 feet to a PK nail; thence N 36-38-38 E for 190.87 feet to a PK nail in being
the Point of Beginning. Said tract contains 15.789 acres or 687,804 square feet more or less.
TOGETHER WITH any and all appurtenant easement rights contained in that certain Declaration
of Easements and Restrictive Covenants entered into by and between Wal-Mart Real Estate Business
Trust and Bailey and Associates, Inc. dated June 27, 2005 and recorded in Book 2473, Page 91.
ALSO TOGETHER WITH any and all appurtenant easement rights contained in that certain
Easements, Covenants, conditions and Restrictions entered into between Bailey and Associates, Inc.
and Jemsite Development, LLC, dated December 28, 2007, and recorded in Book 2997, at Page 813.
BTCM:391246.1
ALSO TOGETHER WITH any and all appurtenant easement rights contained in that certain
easement entered into between Bailey and Associates, Inc. and Jemsite Development, LLC, dated
December 8, 2007, and recorded in Book 3158, at Page 455.
ALSO TOGETHER WITH any and all appurtenant easement rights contained in that certain
Construction Agreement and Easement for Victory Way recorded in Book 2997, Page 797, Onslow
County Registry, as amended by that certain First Amendment recorded in Book 3158, Page 426,
Onslow County Registry. Such easement tract being more particularly described as follows:
Commencing at N.C.G.S. monument `Conner', said monument having N.C. grid coordinates of
North = 368.459.2204 and East = 2,465,308.1206; thence south 51 degrees 25 minutes 19 seconds
west 1659.20 feet (1659.0626 grid feet) to an existing iron stake, said iron stake having N.C. grid
coordinates ofNorth = 367,424.6618 and Fast= 2,464,011.1329; thence north 38 degrees 31 minutes
36 seconds west 1850.05 feet to an existing iron stake on the southern right-of-way line of U.S.
Highway 258/N.C. Highway 24, the northwestern comer of the Ricky Nelson Moore property
recorded in Deed Book 1675 page I; thence along said right-of-way line, north 62 degrees 02
minutes 21 seconds west 271.12 feet to a point, said point being THE TRUE POINT OF BEGINNING OF,
THE V ICTORY WAY RIGHT-OF-WAY; thence from the above described point of beginning and leaving
the right-of-way line of U.S. Highway 258/N.C. Highway 24, south 76 degrees 24 minutes 13
seconds west 48.76 feet to a point; thence south 27 degrees 26 minutes 14 seconds west 17.19 feet
to a point; thence 152.13 feet along the are of a curve having a radius of 600.00 feet and curving to
the left, a chord of south 20 degrees 10 minutes 24 seconds west 151.72 feet to 6point; thence 19.95
along the arc of a curve having a radius of 600.00 feet and curving to the left, a chord of south I 1
degrees 57 minutes 26 seconds west 19.95 feet to a point; thence south 11 degrees 00 minutes 16
seconds west 66.28 feet to a point; thence 147.67 feet along the are of a curve having a radius of
350.00 feet and curving to the right, a chord of south 23 degrees 05 minutes 29 seconds west 146.58
feet to an iron stake set; thence 143.05 feet along the are of a curve having a radius of 350.00 feet
and curving to the right, a chord of south 46 degrees 53 minutes 14 seconds west 142.06 feet to an
iron stake set; thence north 52 degrees 37 minutes 39 seconds west 10.75 feet to an iron stake set;
thence 13.74 along the arc of a curve having a radius of 340.00 feet and curving to the right, a chord
of south 60 degrees.24 minutes 35 seconds west 13.74 feet to an iron stake set; thence south 61
degrees 34 minutes 03 seconds west 113.43 feet to an iron stake set; thence 119.23 feet along the are
of a curve having a radius of 280.00 feet and curving to the left, a chord of south 49 degrees 28
minutes 17 seconds west 117.35 feet to an iron stake set; thence south 37 degrees 22 minutes 31
seconds west 10.54 to an iron stake set; thence south 07 degrees 37 minute 39 seconds east 45.36
feet to an iron stake set on the northern right-of-way line of Yopp Road; thence along said right-of-
way line, north 52 degrees 37 minutes 39 seconds west 124.15 feet to an iron stake set; thence
leaving said right-of-way line of Yopp Road, north 82 degrees 22 minutes 42 seconds east 45.37 feet
to an iron stake set; thence north 37 degrees 22 minutes 31 seconds east 10.54 feet to an iron stake
set; thence 143.56 feet along the arc of a curve having a radius of 340.00 feet and curving to the
right, a chord of north 49 degree 28 minutes 17 seconds east 142.50 feet to an iron stake set; thence
north 61 degrees 34 minutes 03 seconds east 113.43 feet to an iron stake set; thence 11.32 feet along
the arc of a curve having a radius of 280.00 feet and curving to the left, a chord of north 60 degrees
24 minutes 35 seconds east 11.32 feet to an iron stake set; thence north 30 degrees 44 minutes 53
seconds west 10.00 feet to an iron stake set; thence 47.35 feet along the are of a curve having a
radius of 270.00 feet and curving to the left, a chord of north 54 degrees 13 minutes 42 seconds east
BTCM:391246.1
47.29 feet to an iron stake set; thence 180.01 feet along the are of a curve having a radius of 270.00
feet and curving to the left, a chord of north 30 degrees 06 minutes 16 seconds east 176.70 feet to
an iron stake set; thence north I I degrees 00 minutes 16 seconds east 66.28 feet to an iron stake set;
thence 195.03 along the arc of a curve having a radius of 680.00 feet and curving to the right, a chord
of north 19 degrees 13 minutes 15 seconds east 194.36 feet to an iron stake set; thence north 27
degrees 26 minutes 14 seconds east 5.27 feet to an iron stake set; thence north 1 I degrees 35 minutes
08 seconds west 58.36 feet to an iron stake set on the southern right-of-way line of U.S. Highway
258/N.C. Highway 24; thence along said right-of-way line, south 62 degrees 02 minutes 21 seconds
east 153.84 feet to the point and place of beginning.
Containing 1.51 acres and being a portion of that property shown as Lot 5 in Map Book 56 page 110
of the Onslow County Registry.
BTCM391246.1
EXHIBIT B
1. The lien of all taxes for the year 2009, not yet due and payable and subsequent years.
2. The following matters as shown on survey dated June 27, 2008, last revised December 15,
2008, by James R. Freeland, PLS, and any easements, rights -of -way, or other interests associated
therewith: (a) power poles located on, and utility lines crossing the subject property; (b) rip -raps;
c) RCPs; (d) water valves; (e) hydrants.
3. Building restriction lines, easements, and any other matters shown on map or plat recorded
in Plat Book 17, Page 75; Plat Book 47, Page 121; Plat Book 48, Page 185; Plat Book 50, Page 175;
Plat Book 50, Page 177; Plat Book 54, Page.157; Plat Book 54, Page 163, located substantially as
shown on survey by James R. Freeland, PLS dated June 27, 2008, last revised December 15, 2008.
4. Declaration of covenants,conditions, restrictions and easements recorded in Book 2473, Page
91 and Book 2997, Page 813, with the Access Road described in said document being located
substantially as shown on survey by James R. Freeland, PLS dated June 27, 2008, last revised
December 15, 2008.
5. Easements and/or rights of way in favor of Tide Water Power Company recorded in Book
194, Page 506, as modified in that certain Agreement recorded in Book 2768, Page 977, and as
further modified in that certain Agreement recorded in Book 3075, Page 41, located substantially as
shown on survey by James R. Freeland, PLS dated June 27, 2008, last revised December 15, 2008.
6. Easements and/or rights of way in favor of Carolina Power and Light Company recorded in
Book 3151, Page 534, located substantially as shown on survey by James R. Freeland, PLS dated
June 27, 2008, last revised December 15, 2008.
7. Easement(s) and/or right(s) of way in favor of AT&T Corp. recorded in Book 2982, Page
293, located substantially as shown on survey by James R. Freeland, PLS, dated June 27, 2008, last
revise&Ddeember 15, 2008.
8. Temporary Grading and Construction Easement and Permanent Access Easement Agreement
inxfavor of Wal-Mart Real Estate Business Trust recorded in Book 2978, Page 264, as amended in
Book 3015, Page 151 and re -recorded in Book 3151, Page 537, located substantially as shown on
survey by James R. Freeland, PLS, dated .tune 27, 2008, last revised December 15, 2008.
9. Easement(s) and/or right(s) of way in favor of Carolina Telephone and 'telegraph Company,
LLC, d/b/a Embarq recorded in Book 3158, Page 513, located substantially as shown on survey by
James R. Freeland, PLS, dated June 27, 2008, last revised December 15, 2008.
The following exceptions apply to the easement tract only described in Book 2997, Page 797, as
amended at Book 3158, Page 426:
1. Declarations of covenants, conditions, restrictions and easements recorded in Book 2473,
Page 91 and Book 2997, Page 813, with the Access Road described in said document being located
substantially as shown on survey by James R. Freeland, PLS, dated June 27, 2008, last revised
December 15, 2008.
BTCM:391246.1
2. Building restriction lines, easements, and any other matters shown on map or plat recorded
in Plat Book 48, Page 185; Plat Book 50, Page 177; Plat Book 54, Page 128.
3. Easement(s) and/or right(s) of way in favor of Tide Water Power Company recorded in Book
194, Page 506, as modified in that certain Agreement recorded in Book 2768, Page 977, and as
further modified in that certain Agreement recorded in Book 3075, Page 41.
4. Easement recorded in Book 2934, Page 534.
5. Easement(s) and/or right(s) of way in favor or Carolina Power and Light Company recorded
in Book 382, Page 556; Book 399, Page 293; Book 409, Page 268; Book 409, Page 269; Book 452,
Page 780; Book 648, Page 278.
6. Easement(s) and/or right(s) of way in favor of Carolina Telephone and Telegraph Company
recorded in Book 3, Page 443; Book 6, Page 400.
7. Easement(s) and/orright(s) of way in favor of Tide Water Power Company recorded in Book
213, Page 549; Book 208, Page 99.
8. Title to that portion of the property within the bounds of US Highway 258/NC Highway 24.
9. Stormwater Drainage and Discharge Easement Agreement in favor of Wal-Mart Real Estate
Business Trust recorded in Book 2978, Page 252, and First Amendment thereto recorded in Book
2997, Page 787.
10. Easement(s) and/or right(s) of way in favor of Carolina Power and Light Company d/b/a
Progress Energy Carolinas, Inc. recorded in Book 2934, Page 534.
11. Temporary Grading, Construction and Monitoring Easement Agreement recorded in Book
2473, Page 113.
BTCM:391246.1
SK8041 PG05,, 1
EXHIBIT A
Beingthe following tract and parcel located in Cumberland County, North Carolina being Lot 21,
Plat Book 121. Page 196 and being more particularly described as follows:
Beginning at a rebar set in the line of a variable private right-of-way known as Good Middling
Drive, said rebar located South 46° 59' 20 West '1,414.41 feet from NCGS monument
"ACACIA" having coordinates of N=466090.605 and E=1984359.073; thence from said point
and place of Beginning and running with the western line of a of Lot 20 Cotton Square Phase
One (Plat Book 121, Page 196) South 32' 17' 52" West 893.43 feet to a rebar in the northern line
of property owned, now or formerly, by Gillis.Group Partnership (Pin no. 9486-34-3086); thence
with the northern line of Gillis Group North 57` 52' 45" West 143.59 feet to a 5/8 rebar; thence
North 57' 52' 25" West 573.89 feet to a 5/8 rebar located in the eastern line of Two Bale Lane
(an 80 foot private right-of-way); thence with the eastern line of Two Bale Lane the following six
(6) courses and distances: (1) North 32` 17' 52" East 28.18 feet; (2) on a curve to the left having
a radius of 1,040.00 feet, a chord bearing and distance of North 26° 28' 42" East 210.90 feet; (3)
North 20° 39' 32" East 364.31 feet; (4) on a curve to the right having a radius of 960.00 feet, a
chord bearing and distance of North 26' 28' 42" East 194.68 feet; (5) North 32° 17' 52" East
82.09 feet; and (6) North 77' 17' 50" East 35.36 feet to a rebar located at the northernmost point
of the southeast intersection of Two Bale Lane and Good Middling Drive; thence with the
southern line of Good Middling Drive, the following two (2) courses and distances: (1) South
57° 42' 11" East 607.93 feet; (2) South 57° 42' 08" East 199.17 feet to the point and place of
Beginning and containing 16.000 acres, more or less, as shown on the map entitled "Survey for
Lowe's Home Centers, Inc." prepared by EAS Professionals, Inc., dated November 26, 2008,
reference to which is hereby made for a more particular description.
TOGETHER WITH any and all appurtenant easement rights for the benefit of the Fee Tract
contained in: that certain Declaration of Reciprocal Easements and Covenants recorded in Book
4312, Page 473, as amended and construed by Judgment in Book 6189, Page 551, with First
Amendment in Book 7817, Page 151; that,certain Party Wall Agreement and Easement with
Covenants and Restrictions Affecting Land recorded in Book 4312, Page 486, as amended in
Book 4713, Page 782, with Second Amendment in Book 7817, Page 194; that certain Declaration
of Covenants, Conditions and Restrictions and Easements recorded in Book 7029, Page 458 as
amended by First Amendment in Book 7817, Page 138; and that certain easement between
Jemsite Development, LLC and Joseph H. Gillis and wife, Betty H. Gillis recorded at Book 8016,
Page 845, all in the Cumberland County Registry.
BTUMSSMNS] I
8K8041 P60538
EXHIBIT B
The lien of all taxes for the year 2009 and thereafter, which are not yet due and payable
2. Declaration of covenants, conditions, restrictions and easements recorded in Book 7340,
Page 765; Book 6411, Page 860 and Book 6411, Page 854, with the drainage easements described
in Book 6411, Pages 854 and 860located substantially as shown on survey by Daniel J. Stiles, PLS,
dated November 26, 2008, last revised December 22, 2008.
3. Building restriction lines, easements, and any other matters shown on map or plat recorded
in Plat Book 115, Page 20: Book 114, Page,112;.Book 114, Page 85; Book 111, Page.37; Plat Book
116, Page 28; Plat Book 119, Page 148; and Pfat Book 121 Page 196, located substantially as shown
on survey by Daniel J. Stiles, PLS, dated November 26, 2008, last revised December 22, 2008.
4. Declaration of Reciprocal Easements and Covenants recorded in Book 4312, Page 473 and
as amended and construed by Judgment in Book 6189, Page 551. First Amendment in Book 7817,
Page 151.
5. Party wall agreement and Easement with Covenants and Restrictions Affecting Land in Book
4312; Page 486, and as amended in Book 4713, Page 782. Second Amendment in Book 7817, Page
194.
6. Declaration of Covenants, Restrictions and Easements recorded in Book 7029, Page 458, as
amended by First Amendment recorded in Book 7817, Page 138.
7. Rural Line Permit in favor of Carolina Telephone and Telegraph Company recorded in Book
679, Page 125.
8. Drainage easement in favor of the Department of Transportation recorded in Book 3683,
Page 195, located substantially as shown on survey by Daniel J. Stiles, PLS, dated November 26,
2008, last revised December 22, 2008
9. Utility Easements in favor of the City of Fayetteville recorded in Book 6808, Page 780,
located substantially as shown on survey by Daniel J. Stiles, PLS, dated November 26, 2008, last
revised December 22, 2008
10. Agreement from Jemsile Development, LLC in favor of Branch Banking and Trust, recorded
in Book 7817, Page 239.
11. Agreement from Jemsite Development, LLC in favor of Best Locations, LLC, recorded in
Book 7817, Page 244.
12. Declaration of Covenants, Conditions and Restrictions and Access Easement Agreement by
and between Joseph H. Gillis and Betty 11. Gillis; Harold J. Kidd and Marianne F. Kidd; and Johnny
H. Boyles and Jemsite Development, LLC recorded in Book 7817, Page 253.
13. The following matter(s) as shown on survey dated November 26, 2008, by Daniel J. Stiles,
PLS, and any, easements, rights -of -way, or other interests associated therewith: (a) 20-foot water
easement; (b) 64-foot drainage easement; (c) 20-foot sanitary sewer easement; (d) 20-foot utility
easement; (e) water lines; (0 reinforced concrete pipes; (g) water valves; (h) backflow prevention;
BTCM:394018.1
6K8041 PG0539
(i) sanitary sewer lines; 0) underground electric lines; (k) retention pond with connection by
reinforced concrete pipe to 25-foot storm drain easement; (1) clean -outs; (m) electrical conduit; (n)
junction box; (o) fire hydrant; (p) transformer; (q) drop inlets; (r) light poles.
14. Easement(s) and/or right(s) of way in favor of the City of Fayetteville recorded in Book 8005,
Page 4, located substantially as shown on survey by Daniel J. Stiles, PLS, dated November 26, 2008,
last revised December 22, 2008.
15. Rights of others in and to the Common Area described in the Declaration of Covenants,
Restrictions and Easements of Cotton Square recorded in Book 7029, Page 458, as amended in Book
7817, Page 138.
16. Stomrwater Drainage and Slope Easement recorded in Book 8016, Page 845 located
substantially as shown on survey by Daniel-1, Stiles; PLS; dated November 26, 2008, last revised
December 22, 2008.
THE FOLLOWING EXCEPTIONS AFFECT THE EASEMENT TRACT DESCRIBED IN BOOK
8016, PAGE 845 ONLY:
17. The lien of all taxes for the year 2008, which are due and payable but not yet delinquent, and
subsequent years.
18. Declaration of covenants, conditions, restrictions and easements recorded in Book 6411, Page
854; Book 6411, Page 860; Book 7029, Page 458, Book 7817, Page 138; Book 7817, Page 253,
19. Building restriction lines, easements, and any other matters shown on map or plat recorded
in Plat Book 116, Page 28; Plat Book 107, Page 61; Plat Book 114, Page 112; Plat -Book 114, Page
65; Plat Book 111, Page 37; Plat Book 115, Page 20; Plat Book 121; Page 196.
20. Declaration of Reciprocal Easements and Covenants recorded in Book 4312, Page 473 and
as amended and construed by Judgment in Book 6189, Page 551. First Amendment in Book 7817,
Page 151.
2 L Party Wall Agreement recorded in Book 4312, Page 486, amended in Book 4713, Page 782,
and amended in Book 7817, Page 194.
22. Terms and conditions of, and rights of others in and to the use of the property subject to, the
appurtenant easement(s) more particularly described in Stormwater Drainage and Slope Easement
recorded in Book 8016, Page 845.
23. Access Easement recorded in Book 6509, Page 77.
24. Easemeni(s) and/or right(s) of way in favorofthe Cityof Fayetteville recorded in Book6594,
Page 401; Book 6808, Page 780; Book 4350, Page 68; Book 4367, Page 770; Book 4717, Page 80.
25. Easement(s) and/or right(s) of way in favor of Lumbec River Electric Membership
Corporation recorded in Book 6605, Page 433; Book 913, Page 415; Book 3200, Page 218.
26. Easement(s) and/or right(s) of way in favor of Carolina Telephone and Telegraph Company
recorded in Book 679, Page 125.
27. Easement(s) and/or right(s) of way in favor of State Highway Commission recorded in Book
2064, Page 498.
ermnass��i �
E1,$041 PG0540
28. Easement(s) and/or ri ght(s) ofway in favor of South River Electric Membership Corporation
recorded in Book 2412, Page 293.
29. Easement(s) and/or right(s) of way in favor of Department of Transportation recorded at
Book 3683, Page 189; Book 3683, Page 195.
THE FOLLOWING EXCEPTION APPLY ONLY TO THE APPURTENANT EASEMENTS SET
FORTH THEREIN:
30. Terms and conditions of, and rights of others in and to use the property subject to the
appurtenant easements more particularly described in that certain Declaration of Reciprocal
Easements and Covenants recorded in Book 4312, Page 473, as amended and construed by Judgment
in Book 6189, Page 551, with First Amendment'iri'Book 7817, Page 151; that certain Party Wall
Agreement and Easement with Covenants and Restrictions Affecting Land recorded in Book 4312,
Page 486, as amended in Book 4713, Page 782, with Second Amendment in Book 7817, Page 194;
that certain Declaration of Covenants, Conditions and Restrictions and Easements recorded in Book
7029, Page 458 as amended by First Amendment in Book 7817, Page 138. .
BTCM594018.1
a
Citations for Merged Corporations: Corporations that merge take on the other company's assets. The
statutes allow the surviving corporation to record a certificate of merger and then that serves as an
update to the deed. (per attorney David Morris, 2/15/16) j1_ tC
GS55-11-06a(2): Surviving Corporations S JS /— I r�c
GS47-18.1: Certificate of Merger
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CWV15 (�
W7/2016
Corporations Division
Click Here To:
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
Po Box 29622 Raleigh, INC 27626-0622 (919)807-2000
View Document Filings File an Annual Report Amend a Previous Annual Report
Print a Pre -Populated Annual Report form
Corporate Names
Legal: Lowe's Home Centers, LLC
Prev Legal: Lowe's Home Centers, Inc.
Prev Legal: Lowe's Investment Corporation
Limited Liability Company Information
Sosld:
0087619
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
Domestic
Date Formed:
10/13/1958
Fiscal Month:
December
State of Incorporation:
Registered Agent:
Corporation Service Company
Corporate Addresses
Mailing:
1000 Lowes Blvd NB4TA
Mooresville, INC 28117-8520
Principal Office:
j1605r Curtis Bridge Rd
j
Wilkesboro, NC 28697-2231
Reg Office:
327 Hillsborough Street
Raleigh, NC 27603-1725
�Reg Mailing:
327 Hillsborough Street
_
Bj! igh, NC 27603-1725
Account Login Register
A,,
Company Officials
hUp.//www.sosnc.gov/Searct✓profcorp/10377686 1/2
1W
9F7/2016 Corporations Division
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager:
Ricky D. Damron
1000 Lowe's Blvd
Mooresville NC 28117
Vice President:
David R Green
j1000 Lowe's Blvd
Mooresville NC 28117
Manager:
Robert F. Hull, Jr.
1000 Lowe's Blvd.
Mooresville NC 28117
Manager:
Ross W McCanless
j1000 Lowe': Blvd
Mooresville NG 28117-8520
Manager:
Robert A Niblock
1000 Lowe's Blvd
Mooresville NC 28117
http//www.sosnc.gov/Searcl✓profcorp/10377686 2/2