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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) Onslow County GIS Printout 5/10/16 1�& �gC—aleW OnsImCounly, NC x . .......... . ....... — ......... w '�:� . _ .., _ .. _ -_ ._.. _ ...... _ f \.\ _ .. / . �_\ \\\ F-TUT'ap F�-, F `\ �.epc aa..:, Q ryR L*Qol W0L-LmA&L?:,;j / ii ea.,l-e� 7 D.—De.— I'D .1.! R 14 R.IRD 071374 I m.2N., add...... ; -, LLLj (a PARE IAU.1l YOPP RD ftELcc 316L 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 a`73-7—I— toog 1448 — eromertem ru t adareefireeel IIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllill111lililllllllllllllllllll111illllill ,Wfk„NeNawbW 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 N 011 b (.A-c �v UC new 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