SW8060650_HISTORICAL FILE_20060717

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Mg Oho 50
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
V HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2.00ko 0-1 l-1
YYYYMMDD

ATFR
Michael F. Easley, Governor
-1
Y
July 17, 2006
Mr. Keith Walker, Manager
Emmerdale, LLC
315 Turner Street
Beaufort, NC 28516
Subject: Stormwater Permit No. SW8 060650
Emmerdale Apartments
High Density Project
Onslow County
Dear Mr. Walker:
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Emmerdale Apartments on July 10, 2006. 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. We are forwarding Permit No. SW8 060650
dated July 17, 2006, for the construction of the subject project.
This permit shall be effective from the date of issuance until July 17, 2016, 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 sixty (60) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B 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 Paul Bartlett, or me at [phone].
Sincj o /�
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/ptb: S:\WQS\STORMWATER\PERMIT\060650.ju1y06
cc: David K. Newsom, P.E., Crystal Coast Engineering, PA
Mike Morris, Onslow County Building Inspections
Paul T. Bartlett, P.E.
Wilmington Regional Office
Central Files
N'Ons`�hCarolina
JVaturn!/ll
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone]
Wilmington Regional Office Internet: www.ncwaterauality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50 % Recycled/10% Post Consumer Paper
Customer Service
1-87T-623-6748

State Stormwater Management Systems
Permit No. SW8 060650
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
Keith Walker and Emmerdale, LLC
Emmerdale Apartments
Onslow County
FOR THE
construction, operation and maintenance of two wet detention ponds in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until July 17, 2016, and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 59,141 and 72,438 square
feet of impervious area for Ponds #1 and #2, respectively.
The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans. There is no allotment for future built -upon
area at the site.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7

State Stormwater Management Systems
Permit No. SW8 060650
The following design criteria have been provided in the wet detention ponds and
must be maintained at design conditions:
Design Criteria
Pond #1
Pond #2
a. Drainage Area, acres
2.09
2.35
Onsite, ft2
91,040
102,366
Offsite, ft2
None
None
b. Total Impervious Surfaces, ft
59,141
72,438
OS Bldgs, ft2
14,603
27,060
OS Parking, ft2
34,978
37,423
OS Sidewalks, ft2
6,560
7,955
OS Other, ft2
3,000
None
c. Design Storm, inches
1.0
1.0
d. Pond Depth, ft
5.0
5.0
e. TSS removal efficiency, %
90
90
f. Permanent Pool Elev., FMSL
42.5
44.0
g. Perm. Pool Surface Area, ft24,508
5,569
h. Permitted Storage Volume, ftj
4,997
6,034
i. Temporary Storage Elev., FMSL
43.49
44.99
. Controlling Orifice,' i e
1.0
1.0
k. Permitted Foreba Volume, ftj
1,585
2,828
I. Receiving Stream/River Basin
UT Half Moon Creek / White Oak
m.Stream Index Number
19-6
n. Classification of Water Body
C; NSW
o. Max. horsepower for a fountain
1/8 1/8
II. SCHEDULE OF COMPLIANCE
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.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
a. Access to the outlet structure must be available at all times.
4. 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.
Page 3 of 7

State Stormwater Management Systems
Permit No. SW8 060650
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 a fountain in either pond is 1/8 horsepower.
6. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A .
modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease 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.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
12. 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.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 060650
13. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
III. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
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 permit
conditions until such time as the Division approves the transfer request.
2. 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.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. 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.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
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. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 17th day of July 2006.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

State Stormwater Management Systems
Permit No. SW8 060650
Emmerdale Apartments
Stormwater Permit No. SW8 060650
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 is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7

State Stormwater Management Systems
Permit No. SW8 060650
Page 2 of 2
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/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,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Mike Morris, Onslow County Building Inspections
Page 7 of 7

a
OFFICE USE ONLY
Date Received
Fee Paid
Permit Number
10 ro Zo
5
5w o6065D
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER NIANAGEMENT PERMIT APPLICATION FORM
This fonv mat, be phorocopied far use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Emmerdale, LLC
2. Print Owner/Signing Official's name and title (person legalJy�e op ble for facility and compliance):
Keith Walker- PYPRidprlt I,%io du✓' ///'T���j �>w//
3. Mailing Address for person listed in item 2 above:
315 Turner St.
City: Beaufort State: NC Zip: 28516
r
Telephone Number: L/ " a f a L% 7
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Emmerdale Apartments
5. Location of Project (street address):
Carolina Forest Blvd. (off Western Boulevard--NCSR
City: Jacksonville
Onslow
6. Directions to project (from nearest major intersection):
From intersection of NC 24 & US 17, northeast on US 17 approx. 3.8 miles to western Blvd. (SR 1470). Turn left on western Blvd. Go
approx. 2.1 miles to Carolina Forest Blvd Oust past Henderson Dr.). Tom right on Carolina Forest Blvd. Site is approx. 0.35 miles on
7.Latitude: 34048'14"N Longitude: 77024'43"W of project
8. Contact person who can answer questions about the project:
Name: David K.Newsom Telephone Number: ( 910 ) 325-0006
Il. PERMIT INFORMATION: \
I. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99
Page 1 of 4

'2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number N/A and its issue date (if known)
3. Specify the type of project (check one):
Low Density X High Density Redevelop _General Permit _Other
4. Additional Project Requirements (check applicable blanks):
_LAMA Major X Sedimentation /Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Stormwater will be collected and treated in two Wet Detention Basins
2. Stormwater runoff from this project drains to the
White Oak
River basin.
3. Total Project Area: 8.43 acres 4. Project Built Upon Area: 35.81 %
5. How many drainage areas does the project have? 2
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area I
Drainage Area 2 -
Receiving Stream Nance
UT Half Moon Creek
UT Half Moon Creek
Receiving Stream Class
C;NSW
C;NSW
Drainage Area
91,040 sf
102,366 sf
Existing Impervious* Area
-0-
-0-
Proposed Impervious* Area
59,141 sf
72,438 sf
% Impervious* Area (total)
65.0% 1
70.8%
Impervious* Surface Area
Drainage Areal.
Drainage Area 2
On -site Buildings
14,603 sf
27,060 sf
On -site Streets
0-
0-
On-site Parking
34,978 sf
37,423 sf
On -site Sidewalks
6,560 sf
7,955 sf
Other on -site
3,000 sf
-0-
0 -site
I0-
0-
Total: 59,141 sf (1.36 ac)
Total: 72,438 sf (1.66 ac)
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
\ sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of

7. How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot roust be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
N/A as issuer/ by the Division of Ifuter Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than N/A square feet ofanv lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of sximming pools.
3. Shales shall not be filled in, piped, or filtered except as necessari, to provide drivewav crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or futture development shall be directed into the permitted stornnvater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL: REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item
Initials
• Original and one copy of the Smeter Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems. and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Crystal Coast Engineering, PA
Mailing Address: 3817-3 Freedom Way
City Hubert State: NC Zip:28539
Phone:[ 910 1325-0006 Fax:( 910 ) 325-0060
Vlll. APPLICANT'S CERTIFICATION
1, (print or type name of person fisted in Genera! /nformntion, item 2) _Keith_Walker.,_President_'v
certify that the information included on this permit application form is; to the best of my knowledge, correct add
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective co�yenpnts will be recorded, and that the proposed project complies with the requirements f 15A
NCAC 21-1.
Signature:
Ke'th Walker, President
Flrunerdale LLC
Form SVU-101 Version 3.99 Page 4 of 4

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING -LAND PLANNING - MAPPING
P.O. Box 1685
409 Johnson Blvd.
Jacksonville, NC 28541
Office:[phone] Fax No.:[phone]
E-Mail: [e-mail]
or
[e-mail]
TO Paul Bartlett
N.C. Department of Environment
127 Cardinal Drive Extension
Wilmington, NC 28405
WE ARE SENDING YOU
letter of transmittal
DATE JOB NO.
July 7, 20 i6
ATTWuON
Faul Bartlett
Ja
Fhnnerdale
❑ DRAWINGS ❑ ATTACHED ❑ UNDER SEPARATE COVER VIA
Cl COPY OF LETTER ❑ PRINTS ❑ PLANS ❑ SAMPLES
❑ CHANGE ORDER ❑
❑ SPECIFICATIONS
THE FOLLOWING ITEMS:
COPIES
DATE
NUMBER
DESCRIPTION
2
Sets of revised plans
1
1
Drainage Supplement
1
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due
❑ Prints returned after loan to us
V A�
REMARKS
L tU two
BY
SIGNED \�/ I� �&Zt/

ICrvstal Coast Enaineerina, PA
3817-3 Freedom Way
Hubert, N.C. 28539
Tel: [phone] Fax: [phone]
Email: [e-mail]
July 6, 2006
Mr. Paul T. Bartlett, PE
N.C. Division of Water Quality
127 Cardinal Drive Extension
Wilmington, N.C. 28405
Re: Stormwater Project No. SW8 060650
Emmerdale Apartments
Onslow County
Dear Mr. Bartlett,
We are in receipt of your Request for Additional Information dated June 30, 2006 for the
referenced project. We provide the following information to allow you to continue the
stormwater review (item number corresponds to your original Request):
1. Drainage Area Supplement provided to show drainage area #1 and drainage area #2.
Typical dimensions for parking areas/driveway and buildings added to the Stormwater
Plan.
2. We have specified an elevation for the depth of retaining wall sheeting (pond bottom
elevation) as requested. Native soils in the area are tight grained, relatively cohesive
(clays w/ organic materials) and have limited hydraulic conductivity. The combination of
lengthened sheeting and use of native materials should reduce the likelihood of
significantly dewatering of adjacent wetland areas.
3! Permanent pool surface area clarified on sheet #7 (changed from 3,874 sf to 4,508 sq.
,-,'�4. Copy of Corps jurisdiction determination shall be provided by John Pierce & Associates,
l/ PA.
We are hopeful that this response addresses all concerns and that the permit can be
issued in the near future. Should you have questions or additional concerns, please feel free to
contact me.
David K. Newsom, PE
CRYSTAL COAST ENGINEERING, PA

G
P. 1
* * * COMMUNICATION RESULT REPORT ( JUL. 3.2006 7;36AM ) * * *
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919103250060 OK P. 3/3
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
FAX COVER SHEET
Date: 6/30/06
To: David Newsom
Company: Crystal Coast Eng.
FAX #: [phone]
4Zk
William G. Ross, Jr., Secretary
No, of Pages: 3 (Incl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project Number: SW8 060650
Project Name: Emmerdale Apartments
MESSAGE:
David,
A Request for Additional Information is attached for the subject project. The original will
be mailed to Mr. Walker, and a copy will be mailed to you.
J

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
Date:
To:
Company:
FAX #:
FAX COVER SHEET
6/30/06
David Newsom
Crystal Coast Eng.
[phone]
William G. Ross, Jr., Secretary
No. of Pages: 3 (Incl. Cover)
From: Paul Bartlett
Water Quality Section -
Stormwater
FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project Number: SW8 060650
Project Name: Emmerdale Apartments
MESSAGE:
David,
A Request for Additional Information is attached for the subject project.
be mailed to Mr. Walker, and a copy will be mailed to you.
�v
ENB\ptb: S:\WQS\STORMWATER\ADDINFO\2006\060650.jun06
The original will
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

oI��F�w n��rFRoG
i I�LJWLJ\ r
June 30, 2006
Mr. Keith Walker
Emmerdale, LLC
315 Turner St.
Beaufort, NC 28516
Subject: Request for Additional Information
Stormwater Project No. SW8 060650
Emmerdale Apartments
Onslow County
Dear Mr. Walker:
Michael F. Easley, Governor
William G. Ross Jr.. Secretan
North Carolina Department of Environment and Natural Resources
Alan W, Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a Stormwater Management Permit Application for
Emmerdale Apartments on June 27, 2006. A preliminary review of that information has
determined that the application is not complete. The following information'is needed to
continue the stormwater review:
Please provide separate sheets for Drainage Area and #2 that dimension
4/ b j-�1Jj buildings -parking -areas, sidd;7lks, and provide a_ 'ensioiled cross-sep tion_
streets -and r adways. SaJ.f—F-c�.
71 Please label the bottom elevation for the retaini g wall and the SHWT for
Ponds and #2_detaits-en-Sheets #7 and #8;-andP)-previde4VdrautM
6 calculations o demonstrate that the selecte w31) depth is sufficient to prevent
'7 /I /J��draining the wetlands into the pond. ({ �1 u :°. v� cL bo �d
3/ Please clarify the permanent pool surface area, given as,3,874 sq ft in the label
lam` on Sheet #7. The supplement and calculations list 4,5g8 sq that correctly
.' �to [ include the forebay. i/
I! As stated in Mr. Pierce's letter to me dated June 23, 2006, please provide a copy
of the Corps jurisdictional determination as soon as it is available.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to July 12, 2006, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
7
No�,thCarolina
,AWitrally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: ww"mcwateomalitv.ore Fax [phone]
An Equal OpportunitylAKnnative Action Employer— 50% Recycled110%Post Consumer Paper

Mr. Keith Walker
June 30, 2006
Stormwater Application No. SW8 060650
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincer y,
Paul T. Bartlett, P.E.
Environmental Engineer
ENB/ptb: S:\WQS\STORMWATER\ADDINFO\2006\060650.jun06
cc: David Newsom, P.E., Crystal Coast Engineering, PA
Paul Bartlett

fem/20,/2006 14:41 2525042248 ECCDI _ �� PAGE 03
_ tv
r IRS DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
P.O. BOX 9003
HOLTSVILLE NY 11742-9003
00202P.211001.0009.001 1 Me 0.309 702
EMMERDALE LLC
i EMMERDALE HOUSING OF JACKSONVILLE
315 TURNER ST
BEAUFORT NC 28516
002029
Date of this notice: 11-09-2005
Employer Identification Number:
34-ZO57681
Form: SS-4
Number of this notice: CP 575 B
For assistance you may call us a+
1-800-829-4933
IF YOU WRITE, ATTACH THE
STUB OF THIS NOTICE,
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an EIN. We assigned you EIN 34-2057681. This EIN will
identify your business account, tax returns, and documents, even if you have no
employees. Please keep this notice in your permanent records.
When filing tax documents, please use the label IRS provided. If that isn't possible
you should use your EIN and complete name and address shown above on all federal tax
forms, payments and related correspondence. If this information isn't correct, please
correct it using the tear off stub from this notice. Return it to us so we can correct
your account. If you use any variation of your name or EIN, doing so could cause a
delay in processing and may result in incorrect information in your account. Doing so
could result in our assigning you more than one EIN.
Based on the information from you or your representative, you must file the following
form(s) by the date shown next to it.
Form 1065 04/15/2006
If you have questions about the form(s) or the due date(s) shown, you can call us
at 1-800-829-4933 or write to us at the address at the top of the first page of this
letter. If you need help in determining what your tax year is, you can get Publication
538, Accounting Periods and Methods, at your local IRS office or from our web site at
www.irs.gov.
We assigned you a tax classification (S-Corporation, Partnership, etc.) based on
information obtained from you or your representative. It is not a legal determination
of your tax classification, and is not binding an the IRS. If You want a determination
of your tax classification, you may seek a private letter ruling from the IRS under
the procedures net forth in Revenue Procedure 98-01, 1998-1 I.R.B.7 (or superceding
revenue procedure for the year at issue.)

^/20j2006 14:41 2525042248 ECCDI PAGE 02
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�06/20:2006
14:41 2525042248
ECCDI
PAGE 01
,Maki», Ti yress Possible
EAST CA.ROLINA COMMUNITY
DEVELOPMENT, INC.
315 Turner St.., Beaufort, NC 28516
Phone: [phone]
Fax:[phone]
eccdi(a�bizec.n.com
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Brian Jarman Mark McCloskey
COMPANY: DATE:
John Pierce and Associates 6/20/2006
PAX NUMBER TOTAL NO, OP PAGES INCLUDING COVER:
[phone] 3
PHONE NUMBER: CC:
RE:
Emmerdale, LLC
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
Brian,
Attached are documents which list Keith as president of Emmerdale Housing of Jacksonville
Inc., which controls Emmerdale LLC.
MARK MCCLOSKEY

Stormwater Treatment &
Erosion Control Narrative RED � �006
Emmerdale Apartments $C'A
Emmerdale, LLC. proposes to construct a forty-six (46) unit apartment complex on a 8.43 acre tract located on Carolina
Forest Blvd. (off Western Blvd—NCSR 1470) within the city limits of Jacksonville, N.C. The site is currently undeveloped.
The project site is located approximately 0.4 miles from an LIT of Half Moon Creek (C;NSW) in the White Oak Basin. The
proposed development activities are high density (percent impervious > 25 %), therefore, stormwater treatment facilities
are required. The attached Stormwater Plan includes two wet detention basins. Pond 1 (4,508 sf) is situated on the
northeast side of the tract, while Pond 2 (5,569 sf) is located at the southwest corner of the tract.
Pond 1 is sized to accommodate 59,141 square feet of impervious area, allocated as follows:
Buildings
Streets
Parking
Sidewalks
Other
Reserve for Future
Total
Site
Offsite
Total
14,603 sf
-0-
14,603 sf
-0-
-0-
-0-
34,978 sf
-0-
34,978 sf
6,560 sf
-0-
6,560 sf
3,000 sf
-0-
3,000 sf
59,141 sf -0-
59,141 sf
Pond 2 is sized to accommodate 72,438 square feet of impervious area, allocated as follows:
Buildings
Streets
Parking
Sidewalks
Other
Reserve for Future
Total
Site
Offsite
Total
27,060 sf
-0-
27,060 sf
-0-
-0-
-0-
37,423 sf
-0-
37,423 sf
7,955 sf
-0-
7,955 sf
-0-
-0-
-0-
72,438 sf -0-
72,438 sf
The proposed pond is sized for 90% TSS removal. The pond does not incorporate pretreatment, other than the forebay.
The pond does not include a vegetated filter at the outlet.
All slormwater emanating from impervious surfaces that is generated on -site shall be collected and directed to Pond 1 or
Pond 2 by a system of sheet drainage, grassed swales and storm drainage pipes.
The treatment system will require periodic maintenance. Maintenance frequency shall be dictated by pond depths. Pond
depths shall be checked by the owner on a quarterly basis. When measured depths are less than 3.75' (in both the main
ponds and the forebays), the pond shall be manually dewatered (pump) and accumulated sediment removed and properly
disposed of.
Site topography is gently sloping (0 — 5%) generally toward the northeastern boundary of the tract. Soils are loamy
sand/sandy loam.
The entire area designated within "Clearing Limits" will be disturbed during initial construction. The developer intends to
construct buildings upon conclusion of infrastructure (parking, drainage, water & sewer).

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING -LAND PLANNING - MAPPING
P.O. Box 1685
409Johnson Blvd.
Jacksonville, NC 28541
Office: [phone] Fax No.: [phone]
TO Paul T. Bartlett
N.C. Department of Environment
197 Cardinal Drive Extension
Wilmington, NC 28405
WE ARE SENDING YOU
❑ DRAWINGS ❑ ATTACHED
❑ COPY OF LETTER ❑ PRINTS
letter of transmittal
DATE
June 23, 2006
JOB NO.
AT FMION
Paul T. Bartlett
RE:
Emmerdale Apartment-
_
rdale C
�.
❑ UNDER SEPARATE COVER VIA
❑ PLANS ❑ SAMPLES
❑ CHANGE ORDER ❑
/'fi.- 02-9 P-ov,
THE FOLLOWING ITEMS:
SPECIF IATIONS
COPIES
DATE
NUMBER
DESCRIPTION
2
Sets of Revised plans
2
Stormwater applications with calculations
1
Copy of previously sulxnitted "Request for Express Permit
eview w narra ive a vicinity map
1
Letter pertaining to IlWetlands"
1
__�
Documenation stating Keith Walker is President of
Fmmerdale LLC
Check in the amount of $4 000.00 for express permittin
o
_
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due
❑ Prints returned after loan to us
REMARKS
SIGNEDAW�4VI

NCDENR
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive, Wilmington NC 28405 [phone] FAX [phone]
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s).
FAX or email to Cameron. Weaver(a)ncmail.net along with a narrative and vicinity map of the project location.
Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made.
APPLICANT Name Samerdale LLC
Company
Address 315 Turner Street CitylState Beaufort NC Zip28516 County Carteret
Phone [phone] Fax Email
PROJECT Name Emerdale
PROJECT SYSTEM(S) TRIBUTARY TO UT Half Moon Creek (STREAM NAME) White Oak RIVER BASIN
ENGINEER/CONSULTANT John L. Pierce
Company John L. Pierce & Associates P.A.
Address P.O. Box 1685 City/StateJacksonvi Ile, NC Zip 28540 County Onslnw
Phone (gin) Kati-gRno Fax(glnl__?10 Email [e-mail]
State or National Environmental Policy Act (SEPA, NEPA) - EA or EIS Required ❑ Yes ❑ No
❑ STREAM ORIGIN Determination; _# of stream calls; Stream Name
[7STORMWATER ❑ Low Density E� High Density -Detention Pond ❑ High Density -Other
Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with acres to be disturbed.
WETLANDS (401) Wetlands on Property M Yes ❑ No Isolated Wetlands on Property ❑ yesU No
Check all that apply Wetlands Will Be Impacted ❑ Yes [!TNo Wetland Impacts: Acre(s)
Wetlands Delineation has been completed}[X] Yes ❑ No ❑ Buffers Impacted: Acre(s)
USACOE Approval of Delineation completed ❑ Yes ® No
404 Application in process wIUSACOE ❑Yes ®No 1 Permit received from USACE ❑Yes ®No
401 Application required ❑Yes allo If Yes, ❑ Regular ❑ Express
------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for
subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
SUBMITTAL DATES: Fee Split for multiple permits:
SW $
CAMA $
LQS $
401 $ Total Fee Amount $

v
NARRATIVE
FOR
NCDENR STORMWATER FAST TRACK
HIGH DENSITY LOW OR MODERATE INCOME APARTMENT COMPLEX
EMMERDALE, LLC
JACKSONVILLE TWP., ONSLOW COUNTY, NC
MAY 2006
This site contains 8.43 acres and is located on Carolina Forest Blvd.. The site is bound on
the north and west by vacant property on the south by Marine Federal Credit Union and
on the east by Puller Place Apartment complex.
This is a high density site that will utilize wet detention ponds for stormwater treatment.
Wetlands exist onsite, however they will not be impacted by this development.

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Coovrioht (C)1997. Maotech. Inc.

r unu,
`PjH C�
Design Calculations ; •�FEs
Stormwater Treatment Facilities e
for
EMMERDALE APARTMENTS POND 1 t �Q'
located in ®'
Onslow County N+j
",.„
1. PROJECT DESCRIPTION 1 /h l i
THIS PROJ CONSIST OF A 8.43 AC TRACT FOR LOW OR MODERATE INCOME APARTMENT
2. COMPUTE POND AREA REQUIRED
a. Compute Percent Impervious:
Impervious Areas:
On -Site Buildings
On -Site Streets
On -Site Parking
On -Site Sidewalks
Other on -site
Off -site
Sub -Total
FUTURE(reserved)
Total
Total Area Drainage to Pond:
Percent Impervious =
0.650 or 65.0 %
b. Compute Pond Surface Area
Using Surface Area to Drainage Area Ratio Chart for 90% TSS Removal (copy attached) and
assumingfoot pond depth:
SA/DA = „ ..,4,7':::% (interpolated)
Therefore:
Surface Area = SA/DA x Drainage Area
4,324 SF say 4,5t)€) SF

c. Compute Minimum Pond Dimensions
Assume rectangular shape with 3:1 Length (L) to Width (W) Ratio:
Length = 116.29 feet
Width = 38.76 feet
Site conditions, however, dictate:
Hydr. Length T50. a feet
W.—
so, Hydr. Width 30.1 feet (avg)
Actual L/W = 5.0 (irregular shape)
3. DETERMINE VOLUME TO BE CONTROLLED FROM 1" STORM
Using Schuler "Simple Method":
Rv = 0.05 + 0.009(I) where I = percent impervious
Rv = 0.635 in/in
Control Volume = Design Rainfall x Rv x Drainage Area
Control Volume = 4,815 CF
4. DETERMINE REQUIRED STORAGE DEPTH
Assume: 3:1 side slopes
solving for depth (d) by trial & error:
I:�r11piel
5. DETERMINE ORIFICE SIZE
say CF
Control Volume must be drawn down over a 2 day - 5 day period.
Using orifice equation, solve for Diameter (D) that results in 3-1/2 day period:
D=(Q/0.026(h)e).s
Where: Q = (Control Volume / 3.5 days x 86,400 sec/day)
0.017 cfs
h=d/2
= 0.50
Solving for D:

0
D = 0.95 Use .::>'<;.z;,€10;" pipe
Actual Drawdown with actual drawdown pipe diameter (using orifice equation):
Q= 0.018 cfs
Draw Down Period = 3.16 days OK, < 5.0
6. SELECT OUTLET STRUCTURE DIAMETER
Size outlet structure such that depth of Q10 flow <1.0 feet:
Using Rational Formula (Q=CIA) where:
..........................
...........................
Cpery =.:-
Ccum = 0.62
..........................
I10 %...85Gi in/hr
A :<2.09 ac
Q10 = 8.49 cfs
Assuming 1/2 circumference is used as weir and using
Francis Formula (Q=3.33LH"5) to solve for L such that H = 1.0:
L = 2.55 Feet
Min 24 inch diameter outlet structure
Use 36 inch diameter outlet structure
7. DETERMINE Q10 STAGE
Q10 = 8.49 cfs
Using Francis Formula (Q=3.33LH"') solve for H:
H 10 = 0.66 feet
8. DETERMINE Q100 STAGE (ELEV. OF EMERGENCY SPILLWAY)
Using Rational Formula (Q=CIA) where:
Ccum = 0.62
1100 $,$.Q in/hr
A ..:::::...::..2.09 ac
Q100 = 11.10
Using Francis Formula (Q=3.33LH"6) solve for H:
H100 = 0.79 feet

9. DETERMINE Q100 STAGE OVER EMERGENCY SPILLWAY (TOP BERM ELEV.)
Assume primary spillway blocked (i.e., emergency spillway to accommodate Q100)
Emergency spillway shall be a broad crested earthern weir designed to pass 100 year storm.
Using broad crested weir equation H = (Q/Cw x L)23
where: Q = Q100 11.10 cfs
Cw = 3.0
Length - ::::':<`:,:.20=feet
H = 0.32 feet
10. FOREBAY SIZING
Compute Actual Pond Volumes (using average end method)
Avg
Incr.
Incr.
Cum.
Main Bay Volume;
Elevation
Area (SF 1
ea (SF
Depth (FT l
Vol C
Vol (CFl
Pond Bottom
37.50
0
Bottom Veg Shelf
40 83
541
3.33
1,800
1,800
Normal Pond
50 42.
3,874
2,478
1.67
4,137
5,93711
Main Bay Volume =
Forebay Volume
Pond Bottom
Normal Pond
Forebay Volume =
Total Pond Volume =
Forebay Volume equates to
Temp. Storage Volume :
Normal Pond
Temp. Pond Level
Temp. Pool Volume =
10 Yr Storage Volume :
Temp Pond Level
Temp. Pond Level
5,937 CF
Elevation Area (SF Area ($F) Depth (FT) VolC Vol (CFl
37.50 0>
..........................
...........................
42.50 04: 317 5.00 1,585 1,585
1,585 CF
7,522 CF-,�
21.1 % of Total Volume
5,961 0.66 3,957 3,957

Temp. Pool Volume =
100 Yr Storage Volume
Temp Pond Level
Temp. Pond Level
Temp. Pool Volume =
11. SUMMARY
Pond Elevations:
Top Berm (minimum)
100-Yr. Flood
10-Yr. Flood
1-inch Storage
3,957 CF
Elevation Area (SF) Area S Depth (FT) Vol (CF l Vol (CFl
43.49 5,586
44.28 6,485 6,036 0.79 4,791 4,791
4,791 CF
H= 0.32
H100 = 0.79
H10 = 0.66
storage depth = 0.99
Permanent Pool
pond depth = 5
Pond Bottom
12. WET DETENTION BASIN SUPPLEMENT
Basin Bottom Elevation
37.50
Perm. Pool Elevation
42.50
Temp. Pool Elevation
43.49
Perm Pool Surface Area
4,508 SF
Drainage Area
2.09 AC
Impervious Area
1.36 AC
Perm. Pool Volume
7,522 CF
Temp Pool Volume
4,997 CF
Forebay Volume
1,585 CF
SA/DA
4.75
Diameter of Orifice
1.00
Design Rainfall
1"
Design TSS Removal
90%
Relative Actual
7.11 44.61
6.78 44.28 (emerg. weir elev)
6�:1.�C�iN7
5.99 43.49 (primary weir elev)
5.00 42.50 (invert out elev)

Design Calculations
Stormwater Treatment Facilities
for
EMMERDALE APARTMENTS POND 2
located in
Onslow County
1. PROJECT DESCRIPTION
``111111111//,/
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s1
- lEl 8
_ .GIN IrdEE?;.•�e, ` _
!C. N�,,N .
THIS PROJ CONSIST OF A 8.43 AC TRACT FOR LOW OR MODERATE INCOME APARTM
2. COMPUTE POND AREA REQUIRED
a. Compute Percent Impervious:
Impervious Areas
On -Site Buildings
On -Site Streets
On -Site Parking
On -Site Sidewalks
Other on -site
Off -site
Sub -Total
FUTURE(reserved)
Total
Total Area Drainage to Pond:
Percent Impervious =
b. Compute Pond Surface Area
0.708 or
0 72,438
0 72,438
70.8 %
JoA 2' I�/ if
Total
27,060 SF
0 SF
37,423 SF
7,955 SF
0
0
72,438 SF
0 SF
72,438 SF
142x3.8&CC SF
Using Surface Area to Drainage Area Ratio Chart for 90% TSS Removal (copy attached) and
assuming 5..: foot pond depth:
SA/DA = „$;U:t;% (interpolated)
Therefore:
Surface Area = SA/DA x Drainage Area
5,129 SF say;" J,5#€) SF

c. Compute Minimum Pond Dimensions
Assume rectangular shape with 3:1 Length (L) to Width (W) Ratio:
Length = 129.26 feet
Width = 43.09 feet
Site conditions, however, dictate:
Hydr. Length feet
so, Hydr. Width 42.8 feet (avg)
Actual L/W = 3.0 (irregular shape)
3. DETERMINE VOLUME TO BE CONTROLLED FROM 1" STORM
Using Schuler "Simple Method":
Rv = 0.05 + 0.009(I) where I = percent impervious
Rv = 0.687 in/in
Control Volume = Design Rainfall x Rv x Drainage Area
Control Volume = 5,859 CF say ;,.._..,B,QOp CF
4. DETERMINE REQUIRED STORAGE DEPTH
Assume: 3:1 side slopes
solving for depth (d) by trial & error:
d = 0.99
5. DETERMINE ORIFICE SIZE
Control Volume must be drawn down over a 2 day - 5 day period.
Using orifice equation, solve for Diameter (D) that results in 3-1/2 day period:
D = (Q / 0.026 (h)'s).e
Where: Q = (Control Volume / 3.5 days x 86,400 sec/day)
0.020 cfs
h=d/2
= 0.50
Solving for D:

D = 1.04 Use;:.;,.; s::1_t)€" pipe
Actual Drawdown with actual drawdown pipe diameter (using orifice equation):
Q= 0.018 cfs
Draw Down Period = 3.80 days OK, < 5.0
6. SELECT OUTLET STRUCTURE DIAMETER
Size outlet structure such that depth of Q10 flow <1.0 feet:
Using Rational Formula (Q=CIA) where:
..........................
...........................
Cimper a8:'
Cpery
Ccum = 0.65
110 .,8:5iiin/hr
A 2.35 ac
Q 10 = 9.99 cfs
Assuming 1/2 circumference is used as weir and using
Francis Formula (Q=3.33LH''S) to solve for L such that H = 1.0:
L = 3.00 Feet
Min 24 inch diameter outlet structure
Use 36 inch diameter outlet structure
7. DETERMINE Q10 STAGE
Q10 = 9.99 cfs
Using Francis Formula (Q=3.33LH"5) solve for H:
H 10 = 0.74 feet
8. DETERMINE Q100 STAGE (ELEV. OF EMERGENCY SPILLWAY)
Using Rational Formula (Q=CIA) where:
Ccum = 0.65
1100 -M8.. in/hr
Q100 = 13.06
Using Francis Formula (0=3.331-1-11'S) solve for H:
H 100 = 0.88 feet

9. DETERMINE Q100 STAGE OVER EMERGENCY SPILLWAY (TOP BERM ELEV.)
Assume primary spillway blocked (i.e., emergency spillway to accommodate Q100)
Emergency spillway shall be a broad crested earthern weir designed to pass 100 year storm.
Using broad crested weir equation H = (Q/Cw x L)213
where: Q = Q100 13.06 cfs
Cw = 3.0
Length - ;t:<:>c :a.-20 feet
H = 0.36 feet
10. FOREBAY SIZING
Compute Actual Pond Volumes (using average end method)
Avg
Incr.
Main Bay Volume
Elevation
AreaS
Area SF
Depth (FT)
Pond Bottom
3900
1,0g2!
Bottom Veg Shelf
42 33
2,059
1,576
3.33
Normal Pond
44.Q0
4,830:
3,345
1.67
Main Bay Volume =
Forebay Volume :
Pond Bottom
Normal Pond
Forebay Volume =
Total Pond Volume =
Forebay Volume equates to
Temp Storage Volume :
Normal Pond
Temp. Pond Level
Temp. Pool Volume =
10 Yr Storage Volume
Temp Pond Level
Temp. Pond Level
10,832 CF
Elevation Ae S Area (SF Depth (FTl
44.00. $391 566 5.00
2,828 CF
13,659 CF
20.7 % of Total Volume
Incr. Cum.
Vol (CF) Vol (CF)
5,246 5,246
5,585 10,832
Vol C Vol (CT)
2,828 2,828
Elevation Area (SF) Area (SF Depth (FT Vol (CF) Vol (CF)
44.00 5,569
6,095 0.99 6,034 6,034
6,034 CF
Elevation Area (SFa (SF Depth (FT) Vol (CCE Vol (CF
44.99 6,620
6335 4573 6,478 0.74 4,793 4,793

Temp. Pool Volume =
4.793 CF
100 Yr Storage Volume : Elevation Area S e S Depth (FT 1 VolC VolC
Temp Pond Level 44.99 6,620
Temp. Pond Level 45 67 6485l 6,553 0.88 5,798 5,798
Temp. Pool Volume = 5,798 CF
11. SUMMARY
Pond Elevations:
Top Berm (minimum)
H= 0.36
100-Yr. Flood
H100 = 0.88
10-Yr. Flood
H10 = 0.74
1-inch Storage
storage depth = 0.99
Permanent Pool
pond depth = 5
Pond Bottom
12. WET DETENTION BASIN SUPPLEMENT
Basin Bottom Elevation
39.00
Perm. Pool Elevation
44.00
Temp. Pool Elevation
44.99
Perm Pool Surface Area
5,569 SF
Drainage Area
2.35 AC
Impervious Area
1.66 AC
Perm. Pool Volume
13,659 CF
Temp Pool Volume
6,034 CF
Forebay Volume
2,828 CF
SA/DA
5.01
Diameter of Orifice
1.00
Design Rainfall
V
Design TSS Removal
90%
Relative
Actual
7.24
46.24
6.87
45.87 (emerg. weir elev)
6.73
45.73
5.99
44.99 (primary weir elev)
5.00
44.00 (invert out elev)
0

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING • LAND PLANNING • MAPPING
OFFICE: 910-346-9800
FAX:[phone]
E-MAIL: [e-mail]
or [e-mail]
.Tune 23, 2006
Mr. Paul T. Bartlett
N.C. Department of Environment and
Natural Resources
127 Cardinal Drive
Wilmington, NC 28405
Re: Emmerdale Apartments
Dear Mr. Bartlett:
409 Johnson Blvd.
Jacksonville, NC 28540
,UN 2 � 2006
You requested for a copy of the signed delineation of the wetlands from the U.S. Corps of
Engineers at the Express Permitting meeting held concerning this project.
Our soil scientist (Haywood Pittman) has submitted the wetlands evaluation to the U.S.
Corps of Engineers. However, Mr. Brad Shaver informed us due to their tremendous
work load they are unable to accommodate your request at this time. Mr. Shaver stated he
would sign off on the submitted plans by Haywood Pittman sometime next week and we
will Fedex to you at that time.
Sinc 'ly,
John L. Pierce
JOHN I —PIERCE & ASSOCIATES P.A.
Jp/bb
LOTS, FARMLAND AND WOODLAND SURVEYING • SITE PLANNING • SUBDIVISION LAYOUT • LAND DEVELOPMENT PLANNING
CONSTRUCTION SURVEYING • TOPOGRAPHIC SURVEYING AND MAPPING
Phase I Environmental Audit / Risk Assessment

SOSID: 0766907
Date Filed: 8/25/20051:52:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200523600467
State of North Carolina
Department of the Secretary of State
Limited Liability Company
AMENDMENT OF ARTICLES OF ORGANIZATION
Pursuant to §57C-2-22 of the General Statutes of North Carolina, the undersigned limited liability company
following Articles of Amendment for the purpose of amending its Articles of Organization.
The name of the limited liability company is: Alta Forest Townhomes
2. The text of each amendment adopted is as follows (attach additional pages if necessary):
The name of the limited liability
(Check either a or b, whichever is applicable)
to Emmerdale LLC.
UN o()g2�01���
a. ✓ The amendment(s) was (were) duly adopted by the unanimous vote of the organizers of the limited liability company
prior to the identification of initial members of the limited liability company.
b._The amendment(s) was (were) duly adopted by the unanimous vote of the members of the limited liability company
or was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating
agreement. -
4. These articles will be effective upon filing, unless a date and/or time is specified:
This the 22 day of August , 20 05
NOTES:
1. Filing fee is S50. This document must be filed with the Secretary of State.
(Revised January 1000)
CORPORAI"IONS DIVISION P. O. BOX 29622
(Form L-17)
RALEIGH, NC 27626-0622

pEPARTM.
u'_PT LIMITED LIABILITY COMPANY
ANNUAL REPORT
�ne...s
NAME OF LIMITED LIABILITY COMPANY: Emmerdale LLC
SOSID: 0766907
Date Filed: 4/12/2006 10:48 AM
Elaine F. Marshall
North Carolina Secretary of State
STATE OF INCORPORATION: NC
SECRETARY OF STATE L.L.C. ID NUMBER:
0766907 FEDERAL EMPLOYER ID NUMBER: 34-2057681
NATURE OF BUSINESS: Real Estate Development
REGISTERED AGENT: Ellinger, Susan Y
REGISTERED OFFICE MAILING ADDRESS:
PO Box 30519
Raleigh, NC 27622
REGISTERED OFFICE STREET ADDRESS:
4140 Parklake Avenue, Suite 200
Raleigh, NC 27612 County: Wake
PRINCIPAL OFFICE TELEPHONE NUMBER:
252-504-3996
PRINCIPAL OFFICE MAILING ADDRESS:
315 Turner Street
Beaufort, NC 28516
PRINCIPAL OFFICE STREET ADDRESS:
315 Turner Street
Beaufort, NC 28516
MANAGERS/MEMBERS/ORGANIZERS:
Keith D. Walker
Title: President
315 Turner Street
Beaufort, NC 28516
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
Keith D. Walker
4/12/2006
FORM MUST BE SIGNED BY A MANAGER/MEMBER
Keith D. Walker
DATE
Manager/Member
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: E-Paid Secretaryof State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525

OPERATING AGREEMENT
CFAVE
OF
vwf
ALTA FOREST TOWNHOMES LLC ull 2 7 2006
a North Carolina limited liability company
Dated: 12005
THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE NORTH
CAROLINA SECURITIES ACT OF 1990, AS AMENDED, IN RELIANCE UPON THE
EXEMPTION FROM REGISTRATION SET FORTH IN SECTION 78A-17(9) OF SUCH
ACT. IN ADDITION, THESE SECURITIES HAVE NOT BEEN REGISTERED WITH THE
UNITED STATES SECURITIES AND EXCHANGE COMMISSION IN RELIANCE UPON
AN EXEMPTION FROM SUCH REGISTRATION SET FORTH IN THE SECURITIES ACT
OF 1933 PROVIDED BY SECTION 4(2) THEREOF, NOR HAVE THEY BEEN
REGISTERED WITH THE SECURITIES COMMISSION OF CERTAIN STATES IN
RELIANCE UPON CERTAIN EXEMPTIONS FROM REGISTRATION. THESE
SECURITIES HAVE BEEN ACQUIRED FOR INVESTMENT PURPOSES ONLY AND
MAY NOT BE OFFERED WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT
AND IN A TRANSACTION WHICH IS EITHER EXEMPT FROM REGISTRATION UNDER
SUCH ACTS OR PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER
SUCH ACTS.
—Doc# 55192.01—

OPERATING AGREEMENT
OF
ALTA FOREST TOWNHOMES LLC
A North Carolina Limited Liability Company
THIS OPERATING AGREEMENT of Alta Forest Townhomes LLC, a limited liability
company organized pursuant to the North Carolina Limited Liability Company Act (the
"Company"), is executed and effective as of the `/ day of A4P 2005, by and among
the Company and the persons executing this Agreement as Members (As defined below).
ARTICLE I
DEFINITIONS
The following terms used in this Operating Agreement shall have the following meanings
(unless otherwise expressly provided herein);
1.01 "Act" means the North Carolina Limited Liability Company Act, as the same may
be amended from time to time.
1.02 "Affiliate" means, with respect to the Person designated, (i) in the case of an
individual, any relative of such Person; (ii) any officer, director, trustee, partner, manager,
employee or holder of ten percent (10%) or more of any class of the outstanding voting securities
of or of an equity interest in such Person; or (iii) any corporation, partnership, limited liability
company, trust, or any officer, director, trustee, partner, manager, employee or holder of ten
percent (10%) or more of the outstanding voting securities of or of an equity interest in any
corporation, partnership, limited liability company, trust or other Entity controlling, controlled
by or under common control with such Person.
1.03 "Agreement" means this Operating Agreement, as it may be amended from time
to time.
1.04 "Articles of Organization" means the Articles of Organization of the Company, as
filed with the Secretary of State of North Carolina, as the same may be amended from time to
time.
1.05 "Capital Account" means, for each Member, a capital account maintained in
accordance with the applicable rules under the Code as set forth in Treasury Regulation § 1.704-
1(b)(2)(iv) and with the provisions of Article IX where such provisions do not conflict with the
Code and Treasury Regulations.
1.06 "Code" means the Internal Revenue Code of 1986, as amended from time to time
(and any corresponding provisions of succeeding law).
-coca 55192.01-

1.07 "Company' means Alta Forest Townhomes LLC.
1.08 "Capital Contribution" means the total amount of cash and the fair market value
of any other assets contributed (or deemed contributed under Regulation Section 1.704-
1(b)(2)(iv)(d)) to the Company by a Member, net of liabilities to which such assets are subject.
1.09 "Distributable Cash" means, with respect to the Company for a period of time,
all cash, revenues and funds received by the Company from Company operations, less the sum of
the following to the extent paid or set aside by the Company: (i) all principal and interest
payments on indebtedness of the Company and all other sums paid to lenders; (ii) .all cash
expenditures incurred incident to the normal operation of the Company's business; (in) such
Reserves as the Managers deem reasonably necessary to the proper operation of the Company's
business.
1.10 "Fiscal Year" means an annual accounting period ending December 31 of each
year during the term of the Company, unless otherwise specified by the Managers.
1.11 "Initial Capital Contribution" means the initial contribution to the capital of the
Company made by a Member pursuant to this Operating Agreement.
1.12 "Mqjorit ' means, with respect to any referenced group of Members, Managers,
or other designated group, a combination of any of such Persons who, in the aggregate, represent
more than fifty percent (50%) of the number of Persons of such group who are then elected and
qualified.
1.13 "Majority in Interest" means, with respect to any referenced group of Members, a
combination of any of such Members who, in the aggregate, own more than fifty percent (50%)
of the Membership Interests owned by all of such referenced group of Members.
1.14 "Manaeer' means one or more persons or entities designated pursuant to this
Agreement to serve the Company as a Manager in accordance with the Agreement. Specifically,
all Members. shall not be Managers by virtue of their status as Members. The initial Managers
shall be Alta Forest Housing of Jacksonville Inc.
1.15 "Member" means any Person who executes a counterpart of this Operating
Agreement as a Member and any Person who may hereafter become a Member. "Members"
refers to such Persons as a group.
1.16 "Membership Interest" means all of a Member's rights in the Company, including
without limitation, the Member's share of the profits and Losses of the Company, the right to
receive distributions of the Company's assets, any right to vote and any right to participate in the
management of the Company as provided in the Act and this Agreement.
1.17 "Net Losses" means the Company's taxable loss determined for federal income
tax purposes.
2
—Dock 55192.01—

1.18 "Net Profits" means the Company's taxable income determined for federal
income tax purposes.
1.19 "Person" means any individual, trust, estate, domestic corporation, foreign
corporation, professional corporation, partnership, limited partnership, limited liability company
foreign limited liability company, unincorporated association or other entity, and the heirs,
executors, administrators, legal representatives, successors, and assigns of such individual or
entity where the context so permits.
1.20 "Reserves" means, with respect to any fiscal period, funds set aside or amounts
allocated during such period to reserves which shall be maintained in amounts deemed sufficient
by the Managers for working capital and to pay taxes, insurance, debt service or other costs or
expenses incident to the ownership or operation of the Company's business.
1.21 "Secretary of State" means the Secretary of State of North Carolina.
1.22 "Treasury Regulations" or "Regulations" means, except where the context -
indicates otherwise, the permanent, temporary and proposed regulations of the United States
Treasury Department promulgated under the Code, as such regulations may be amended from
time to time (including corresponding provisions of succeeding regulations).
ARTICLE II
FORMATION OF COMPANY
2.01 Formation. The Company was formed on the cl r' day of
ur 2005, as a North Carolina limited liability company by delivering Articles
of Organizati n executed by Susan Y. Ellinger as Organizer on behalf of the Company to the
Secretary of State in accordance with the provisions of the Act. The Company does hereby
indemnify and hold harmless Susan Y. Ellinger for acting as organizer of the Company and
executing the Articles of Organization.
2.02 Agreement. For and in consideration of the mutual promises and covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree that the rights and obligations of the parties and
the administration and termination of the Company shall be governed by this Agreement, the
Articles of Organization and the Act.
2.03 Name. The business and affairs of the Company shall be conducted under the
name of the Company is Alta Forest Townhomes LLC. The Managers may change the name of
the Company from time to time as they deem advisable, provided appropriate amendments to
this Agreement and the Articles of Organization and necessary filings under the Act are first
obtained. The Company may transact business under an assumed name by filing an assumed
name certificate in the manner prescribed by applicable law.
3
-Do& 55192.01-

2.04 Principal Place of Business. The principal place of business of the Company
within the State of North Carolina is 315 Turner Street, Beaufort, NC 28516. The Company may
locate its places of business at any other place or places as the Manager or Managers may from
time to time deem advisable.
2.05 Registered Office and Registered Agent. The Company's initial registered office
shall be at the office of its registered agent at 4140 Parklake Avenue, Suite 200, Raleigh NC
27612, and the name of its initial registered agent at such address is Susan Y. Ellinger. The
registered office and registered agent may be changed from time to time by filing the address of
the new registered office and/or the name of the new registered agent with the Secretary of State
of North Carolina pursuant to the Act and the applicable rules promulgated thereunder.
2.06 Term. The term of the Company shall commence upon the filing of the duly
executed Articles of Organization with the Secretary of State and shall continue in existence
indefinitely unless the Company shall be sooner dissolved and its affairs wound up in accordance
with the Act or this Operating Agreement.
ARTICLE III
BUSINESS OF COMPANY
3.01 Purposes and Powers. The. purposes and powers of the Company shall be:
(a) To accomplish any lawful business for which limited liability companies
may be organized under the Act, as determined by the Managers in their sole discretion,
which shall at any time appear conducive to or expedient for the protection or benefit of
the Company and its assets; and
(b) To exercise any and all powers necessary to or reasonably connected with
the Company's purposes and businesses, to the extent the same may be legally exercised
by limited liability companies under the Act. The company shall carry out the foregoing
activities pursuant to the arrangements set forth in the Articles of Organization and this
Agreement.
ARTICLE V
RIGIITS AND DUTIES OF MANAGERS
5.01 Management. Except as otherwise may be expressly provided in this Agreement,
the Articles of Organization or the Act, the business and affairs of the Company shall be
managed by the Managers. Except for situations in which the approval of the Members is
expressly required by this Operating Agreement or by nonwaivable provisions of applicable law,
the Managers shall have full and complete authority, power and discretion to manage and control
the business, affairs and properties of the Company, to make all decisions regarding those
matters and to perform any and all other acts or activities customary or incident to the
management of the Company's business. At any time when there are two Managers, the
Managers shall act by unanimous consent. At any time when there are three or more Managers,
the vote of a Majority of the Managers shall control.
4
-aox 55192.01-

5.02 Number, Tenure and Qualifications. There shall initially be one Manager(s) of
the Company, who shall be the persons set forth on Schedule H attached hereto and made a part
hereof. The number of Managers may be increased from time to time by a Majority of the
Members, which increase may be effective immediately. Upon such an increase in the number
of Managers, a Majority of the Members shall elect new Managers to fill the additional positions.
Each Manager shall hold office until his withdrawal, resignation or removal. Managers need not
be residents of the State of North Carolina or Members of the Company.
5.03 Managers' Standard of Care. A Manager's duty of care in the discharge of the
Manager's duties to the Company and the other Members is limited to refraining from engaging
in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law.
In discharging its duties, a Manager shall be fully protected in relying in good faith upon the
records required to be maintained under Article XII and upon such information, opinions, reports
or statements by any of its other Managers, Members, or agents, or by any other person, as to
matters the Managers reasonably believe are within such other person's professional or expert
competence and who has been selected with reasonable care by or on behalf of the Company,
including information, opinions, reports or statements as to the value and amount of the assets,
liabilities, profits or losses of the Company or any other facts pertinent to the existence and
amount of assets from which distributions to Members might properly be paid.
5.04 Certain Powers of Managers. Without limiting the generality of Section 5.01, the
Managers shall have power and authority, on behalf of the Company:
(a) To acquire property from any Person as the Managers may determine.
The fact that a Manager or a Member directly or indirectly is an Affiliate of such Person
shall not prohibit the Managers from dealing with that Person.
(b) To borrow money for the Company from banks, other lending institutions,
the Managers, Members, or Affiliates of the Managers or Members on such terms as the
Managers deem appropriate, and in connection therewith, to hypothecate, encumber. and
grant security interests in the assets of the Company to secure repayment of the borrowed
sums. No debt shall be contracted or liability incurred by or on behalf of the Company
except by the Managers, or to the extent permitted under the North Carolina Act, by
agents or employees of the Company expressly authorized to contract such debt or incur
such liability by the Managers.
(c) To purchase liability and other insurance to protect the Company's
property and business.
(d) To hold and own any real and/or personal properties of the Company in
the name of the Company.
(e) To invest any Company funds temporarily (by way of example but not
limitation) in time deposits, short-term governmental obligations, commercial paper or
other investments.
5
-ooO 55192.01-

(f) To execute on behalf of the Company all instruments and documents,
including, without limitation, checks; drafts; notes and other negotiable instruments;
mortgages or deeds of trust; security agreements; financing statements; documents
providing for the acquisition, mortgage or disposition of the Company's property;
assignments; bills of sale; leases; partnership agreements, operating agreements of other
limited liability companies; and any other instruments or documents necessary, in the
opinion of the Managers, to the business of the Company.
(g) To employ accountants, legal counsel, managing agents or other experts to
perform services for the Company and to compensate them from Company funds.
(h) To enter into any and all other agreements on behalf of the Company, with
any other Person for any purpose, in such forms as the Managers may approve.
(i) To do and perform all other acts as may be necessary or appropriate to the
conduct of the Company's business.
5.05 Liability for Certain Acts. Each Manager shall act in a manner such Manager
believes in good faith to be in the best interest of the Company and with such care as an
ordinarily prudent person in a like position would use under similar circumstances. A Manager
is not liable to the Company, its Members, or other Managers for any action taken in managing
the business or affairs of the Company if such Manager performs the duty as a manager of the
Company in compliance with the standard contained in this Section. No Manager has
guaranteed nor shall have any obligation with respect to the return of a Member's Capital
Contributions or profits from the operation of the Company. No Manager shall be.liable to the
Company or to any Member for any loss or damage sustained by the Company or any Member
except loss or damage resulting from engaging in grossly negligent or reckless conduct,
intentional misconduct, or a knowing violation of law or a transaction for which such Manager
received a personal benefit in violation or breach of the provisions of this Operating Agreement.
Each Manager shall be entitled to rely on information, opinions, reports or statements, including
but not limited to financial statements or other financial data prepared or presented in accordance
with the provisions of N.C. Gen. Stat. § 57C-3-22.
5.06 Managers Have No Exclusive Duty to Company. No Manager shall be required
by this Operating Agreement to manage the Company as such Manager's sole and exclusive
function and each Manager may have other business interests and may engage in other activities
in addition to those relating to the Company. Neither the Company nor any Member shall have
any right, by virtue of this Operating Agreement, to share or participate in such other
investments or activities of a Manager or to the income or proceeds derived therefrom No
Manager shall incur liability to the Company or to any of the Members as a result of engaging in
any other business or venture.
5.07 Bank Accounts. The Managers may from time to time open bank accounts in the
name of the Company, and the Manager(s) shall be the sole signatories thereon, unless the
6
-coca 55192.01-

Managers determines otherwise. Any bank account opened by the Manager for the Company
shall not be commingled with other funds of the Managers or the Members.
5.08 Indemnity of the Managers Employees and Other Agents. To the fullest extent
permitted under N.C. Gen. Stat. §§ 57C-3-31 and 57C-3-32, the Company shall indemnify the
Managers and make advances for expenses to them with respect to the matters capable of
indemnification under N.C. Gen. Stat. §§ 57C-3-31 and 57C-3-32. The Company shall
indemnify its employees and other agents who is not a Manager to the fullest extent permitted by
law.
5.09 Resi ng ation. Any Manager of the Company may resign at any time by giving
written notice to the Members of the Company. The resignation of any Manager shall take effect
upon receipt of notice thereof or at such later time as shall be specified in such notice; and,
unless otherwise specified in such notice, the acceptance of such resignation shall not be
necessary to make such resignation effective. The resignation of a Manager who is also a
Member shall not affect such Manager's rights as a Member and shall not constitute such
Manager's withdrawal as a Member.
5.10 Removal. At a meeting called expressly for that purpose, any or all of the
Managers may be removed for cause, by the affirmative vote of Members holding a Majority
Interest. The removal of a Manager who is also a Member shall not affect such Manager's rights
as a Member and shall not constitute such Manager's withdrawal as a Member. The term "for
cause" shall mean: (i) an act of fraud or dishonesty against the Company; (ii) willful misconduct
against the Company; or (iii) the violation of a material term or condition of this Operating
Agreement.
5.11 Vacancies. Any vacancy occurring for any reason in the number of Managers of
the Company may be filled by the affirmative vote of a Majority of Managers then in office,
provided that if there are no remaining Managers, the vacancy(ies) shall be filled by the
affirmative vote of Members holding a Majority Interest. Any Manager's position to be filled by
reason of an increase in the number of Managers shall be filled by the affirmative vote of a
Majority of the Managers then in office. A Manager elected to fill a vacancy or elected to fill a
position resulting from an increase in the number of Managers shall hold office until his
Withdrawal, resignation or removal.
5.12 Compensation. A Manager may receive compensation from the Company for
serving as a Manager, and the Company shall reimburse a Manager for expenses incurred by the
Manager in connection with its service to the Company. Nothing contained in this Section 5.12
is intended to affect the Membership Interests of the Manager or the amounts that may be
payable to a Manager by reason of its Membership Interest or with respect to amounts payable
for actual employment by the Company.
5.13 Annual Report for Secretary of State. The Managers shall deliver to the Secretary
of State for filing an annual report in accordance with N.C. Gen. Stat. § 57C-2-23.
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ARTICLE VI
MEMBERS
6.01 Members Names and Addresses. The names, addresses and Membership Interests
of the Members are as reflected in Schedule I attached hereto and incorporated herein by
reference, which Schedule shall be amended by the Company as of the effectiveness of any
transfer or subsequent issuance of any Membership Interest.
6.02 Limitation on Liability. Each Member's liability shall be limited as set forth in
this Operating Agreement, the North Carolina Act and other applicable law.
6.03 No Liability for Company Obligations. No Member shall have any personal
liability for any debts or losses of the Company beyond his or her respective Capital
Contributions, except as provided by law.
6.04 Indemnification. To the fullest extent permitted under N.C. Gen. Stat. §§ 57C-3-
31 and 57C-3-32, the Company shall indemnify the Members and make advances for expenses to
them with respect to the matters capable of indemnification under N.C. Gen. Stat. §§ 57C-3-31
and 57C-3-32.
6.05 Management RiAts. Except as expressly provided herein, in the Articles of
Organization or in the Act, Members shall not participate in the management of the Company.
The Members shall have certain voting rights as specified herein. The right to vote shall be
exercised in accordance with the provisions of Article VII.
6.06 Priority and Return of Capital. Except as may be expressly provided in this
Operating Agreement, no Member shall have priority over any other Member, either as to the
return of Capital Contributions or as to Net Profits, Net Losses or distributions. This Section
shall not apply to loans (as distinguished from Capital Contributions) which a Member has made
to the Company.
6.07 Representations and Warranties. In the case of a Person (other than an individual)
which is a Member, the individual executing the Operating Agreement on behalf of such Person
hereby represents and warrants to the Company and each other Member that such Person is duly
organized, validly existing, and in good standing under the law of its state of organization and
that such Person has full organizational power to execute and agree to this Agreement and to
perform its obligations hereunder.
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ARTICLE VII
MEETINGS OF MEMBERS
7.01 Meetings. Meetings of the Members, for any purpose or purposes, unless
otherwise proscribed by law, may be called by any Manager or by any Member or Members
holding a Majority in Interest.
7.02 Place of Meetings. The Members may designate any place, either within or
outside the State of North Carolina, as the place of meeting for any meeting of the Members. If
no designation is made, the place of meeting shall be the principal executive office of the
Company in the State of North Carolina.
7.03 Notice of Meetings. Written notice stating the place, day and hour of the meeting
and the purpose or purposes for which the meeting is called shall be delivered not less than two
(2) nor more than ten (10) days before the date of the meeting, either personally or by mail, by or
at the direction of the Managers or person calling the meeting, to each Member entitled to vote at
such meeting. If mailed, such notice shall be deemed to be delivered two calendar days after
being deposited in the United States mail, addressed to the Member at its address as it appears on
the books of the Company, with postage thereon prepaid.
7.04 Meeting of all Members. If all of the Members shall meet at any time and place,
either within 'or outside of the State of North Carolina, and consent to the holding of a meeting at
such time and place, such meeting shall be valid without call or notice, and at such meeting any
lawful action may be taken.
7.05 Record Date. For the purpose of determining Members entitled to notice of or to
vote at any meeting of Members, or Members entitled to receive payment of any distribution, the
date on which notice of the meeting is mailed or the date on which the resolution declaring such
distribution is adopted, as the case may be, shall be the record date for such determination of
Members.. When a determination of Members entitled to vote at any meeting of Members has
been made as provided in this Section, such determination shall apply to any adjournment
thereof.
7.06 Ouorum A Majority in Interest of the Members shall constitute a quorum at all
meetings of the Members, except as otherwise provided by law or this Agreement. Once a
quorum is present at the meeting of the Members, the subsequent withdrawal from the meeting
of any Member prior to adjournment or the refusal of any Member to vote shall not affect the
presence of a quorum at the meeting. If, however, such quorum shall not be present at the
opening of any meeting of the Members, the Members entitled to vote at such meeting shall have
the power to adjourn the meeting from time to time, without, notice other than announcement at
the meeting, until the holders of the requisite amount of Membership Interests shall be present or
represented.
7.07 Manner of Acting. If a quorum is present, the affirmative vote of Members
holding a Majority Interest shall be the act of the Members, unless the vote of a greater or lesser
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proportion or number is otherwise required by the North Carolina Act, by the Articles of
Organization, or by this Operating Agreement. Unless otherwise expressly provided herein or
required under applicable law, any Member who has an interest (economic or otherwise) in the
outcome of any particular matter upon which the Members vote or consent may vote or consent
upon any such matter and such Member's Membership Interest, vote or consent, as the case may
be, shall be counted in the determination of whether the requisite matter was approved by the
Members.
7.08 Proxies. At all meetings of Members a Member may vote in person or by proxy
executed in writing by the Member or by a duly authorized attorney -in -fact. Such proxy shall be
filed with the Managers of the Company before or at the time of the meeting. No proxy shall be
valid after eleven (11) months from the date of its execution, unless otherwise provided in the
proxy.
7.09 Action by Members Without a Meeting. Except for a matter for which the
affirmative vote of the holders of a greater portion of the Membership Interests entitled to vote is
required by law, the Articles of Organization or this Agreement, the act of Members shall be the
affirmative vote of a Majority in Interest of all the Members represented and voting at the
meeting. All actions of the Members provided for herein may be taken by written consent
without a meeting. Any such action which may be taken by the Members without a meeting
shall be effective only if the consents are in writing, set forth the action so taken, and are signed
by all Members eligible to vote on such action. Members may participate in any meeting of the
Members by means of a conference telephone or similar communications equipment, provided
all persons participating in the meeting can hear one another, and such participation in a meeting
shall constitute presence in person at the meeting.
7.10 Waiver of Notice. When any notice is required to be given to any Member, a
waiver thereof in writing signed by the Member entitled to such notice, whether before, at, or
after the time stated therein, shall be equivalent to the giving of such notice.
'ARTICLE IX
CAPITAL CONTRIBUTIONS AND CAPITAL ACCOUNTS
9.01 Members' Capital Contributions. Each Initial Member shall contribute such
amount (in services, property or cash) and on the terms set forth on Schedule I hereto as its share
of the Initial Capital Contribution. Each new Member shall make an Initial Capital Contribution,
the value of which shall be set forth on Schedule I. No interest shall accrue on any Capital
Contribution, and no Member shall have the right to withdraw or be repaid any Capital
Contribution except as provided in this Operating Agreement.
9.02 Additional Contributions. Except as set forth in Section 9.01, no Member shall be
required to make any Capital Contributions. To the extent approved by the Managers, from time
to time, the Members may be permitted to make additional Capital Contributions if and to the
extent they so desire, and if the Manager determine that such additional Capital Contributions are
necessary or appropriate in connection with the conduct of the Company's business (including,
without limitation, expansion or diversification).
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a
9.03 Withdrawal or Reduction of Members' Capital Contributions.
(a) No Member shall receive out of the Company's property any part of such
Member's Capital Contribution until all liabilities of the Company, except liabilities to
Members on account of their Capital Contributions, have been paid or until there remains
property of the Company sufficient to pay them.
(b) A Member, irrespective of the nature of such Member's Capital
Contribution, has only the right to demand and receive cash in return for such Capital
Contribution.
9.04 Maintenance of Capital Accounts. The Company shall establish and maintain
Capital Accounts for each Member. Each Member's Capital Account shall be increased by (1)
the amount of any money actually contributed by the Member to the capital of the Company, (2)
the fair market value of any property contributed, as determined by the Company and the
contributing Member at arm's length at the time of contribution (net of liabilities assumed by the
Company or subject to which the Company takes such property within the meaning of Section
752 of the Code), and (3) the Member's share of Net Profits and of any separately allocated
items of income or gain except adjustments of the Code (including any gain and income from
unrealized income with respect to accounts receivable allocated to the Member to reflect the
difference between the book value and tax basis of assets contributed by the Member). Each
Member's Capital Account shall be decreased by: (1) the amount of money and the fair market
value of any Company property distributed to the Member (net of liabilities secured by such
distributed property that such Member is considered to assume or take under Section 752 of the
Code); (2) the Member's share of losses and deductions (or items thereon; and (3) the Member's
share of expenditures described in Section 705(a)(2)(B) of the Code. All Capital Accounts are to
be determined in accordance with the rules set forth in Treas. Reg. § 1.704-1(b)(2)(iv).
9.05 Distribution of Assets. If the Company at any time distributes any of its assets in -
kind to any Member, the Capital Account of each Member shall be adjusted to account for that
Member's allocable share (as determined under Articles X and XI below) of the Net Profits or
Net Losses that would have been realized by the Company had it sold the assets that were
distributed at their respective fair market values immediately prior to their distribution.
9.06 Sale or Exchange of Interest. In the event of a sale or exchange of some or all of
a Member's Membership Interest in the Company, the Capital Account of the transferring
Member shall become the capital account of the transferee, to the extent it relates to the portion
of the Membership Interest transferred.
9.07 Compliance with Section 704(b) of the Code. The provisions of this Article IX as
they relate to the maintenance of Capital Accounts are intended, and shall be construed and, if
necessary, modified, to cause the allocations of profits, losses, income, gain and credit pursuant
to Article XI to have substantial economic effect under the Regulations promulgated under
Section 704(b) of the Code, in light of the distributions and allocations made pursuant to Articles
X, .XI and XV and the Capital Contributions made pursuant to this Article IX Notwithstanding
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anything herein to the contrary, this Operating Agreement shall not be construed as creating a
deficit restoration obligation or otherwise personally obligating any Member to make a Capital
Contribution in excess of the Initial Capital Contribution.
ARTICLE X
DISTRIBUTIONS TO MEMBERS
16.01 Distributions of Distributable Cash. All distributions of Distributable Cash shall
be made to the Members in such amounts as the Managers deem appropriate, taking into
consideration the cash needs and anticipated cash needs of the Company, to Members pro rata in
accordance with their Membership Interests.
10.02 Distributions in Termination, Dissolution or Refinancing. Upon the sale of all of
the Company's assets, or upon a refinancing of the Company's property which results in cash
available for distribution, such cash shall be distributed in amounts as the Managers deem
appropriate, as follows:
(a) First, to the Members in accordance with their positive Capital Account
balances; and
(b) Then, to the Members pro rata in accordance with their Membership
Interests.
10.03 Limitation Upon Distributions. No distribution shall be made to Members if
prohibited by N.C. Gen. Stat. § 57C-4-06.
10.04 Interest On and Return of Capital Contributions. No Member shall be entitled to
interest on its Capital Contribution or to return of its Capital Contribution, except as otherwise
specifically provided for herein.
10.05 Loans to Company. Nothing in this Operating Agreement shall prevent any
Member from making secured or unsecured loans to the Company by agreement with the
Company.
ARTICLE XI
ALLOCATIONS
11.01 Allocations. The profits, losses, and distributive shares of tax items shall be
allocated to the Members during the period over which such profits, losses, and tax items were
accrued. The Managers shall have authority to make any special allocations recommended by
tax counsel to the Company as necessary or appropriate for compliance with the provision of
Subchapter K of the Code, including without limitation Sections 704(b) and 704(c) thereof; and
Regulations promulgated thereunder or any applicable North Carolina laws.
(a) Allocation of Net Profits. Net Profits shall be allocated as follows:
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(1) First, Net Profits shall be allocated to those Members, if any, with
negative balances in their Capital Accounts pro rata in accordance with such
negative balances until all such Capital Accounts have been returned to zero; and
(2) The balance, if any, shall be allocated to the Members pro rata in
accordance with their Membership Interests.
(b) Allocation of Net Losses. Net Losses shall be allocated as follows:
(1) First, to the Members pro rata, to the extent of and in proportion to
the positive balances, if any, in their Capital Accounts; and
(2) The balance, if any, pro rata to the Members in accordance with
their Membership Interests.
11.02 Special Rule Regarding Members' Capital Accounts. No Member shall be
entitled to any allocation of Company losses if such allocation would result in the Member
having a negative Capital Account balance (after increasing such Capital Account by any amount
which the Member is obligated to restore or is deemed to be obligated to restore pursuant to
Temporary Regulations § 1.704-2, and decreasing such Capital Account balance by the items set
forth in Treasury Regulations § 1.704-1(b)(2)(ii)(d)(4) through (6)) while any other Member has
a positive Capital Account balance (after adjustment for such items). In such event, Company
losses shall be allocated to the Members with positive Capital Accounts, as adjusted, until such
Capital Accounts, as adjusted, have been reduced to zero.
11.03 Qualified Income Offset. Any . Member who unexpectedly receives an
adjustment, allocation or distribution as described in Treasury Regulations § 1.704-
1(b)(2)(u)(d)(4) through (6) which causes or increases a deficit capital account balance in such
Member's Capital Account (as determined in accordance with such Regulations), shall be
allocated items of Company income and gain in an amount and manner to eliminate any deficit
in such Member's Capital Account (after adjustment as described in Section 11.02) as quickly as
possible. This provision is intended to be a "qualified income offset" as defined in Treasury
Regulations § 1.704-1(b)(2)(ii)(d), such Regulation being hereby incorporated by reference.
11.04 'Minimum Gain Char eg back. If there is a net decrease in the Company's
minimum gain (as such term is defined'in Treasury Regulations §§ 1.704-2(b)(2) and 1.704-2(d))
during any taxable year, each Member shall be allocated, before any other allocation is made of
Company items for such taxable year, an amount, equal to the greater of (i) such Member's share
of the net decrease in Company minimum gain allocable to the disposition of Company property
subject to nonrecourse liability, or (ii) the negative balance in such Member's Capital Account
(after adjustment as described in Section 11.02). This provision is intended to be "minimum
gain chargeback" as defined in Treasury Regulation § 1.704-2(b)(2), such Regulation being
hereby incorporated by reference.
ARTICLE XII
BOOKS AND RECORDS
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12.01 AccountingPeriod. eriod. The Company's accounting period shall be the calendar year.
12.02 Records. Audits and Reports. At the expense of the Company, the Managers shall
maintain records and accounts of all operations and expenditures of the Company. The
Company shall keep at its principal place of business the following records:
(a) A current list of the full name and last known address of each Member,
Membership Interest Owner and Manager;
(b) Copies of records to enable a Member to determine the relative voting
rights, if any;
(c) A copy of the Articles of Organization of the Company and all
amendments thereto;
(d) Copies of the Company's foreign, federal, state, and local income tax
returns and reports, if any, for the three (3) most recent years;
(e) Copies of the Operating Agreement, together with any amendments
thereto;
(f) , Copies of any financial statements of the Company for the three (3) most
recent years.
. (g) A writing or other data compilation from which information can be
obtained through retrieval devices into reasonably usable form setting forth the
following:
(1) the amount of cash and a description and statement of the agreed
value of the other property or services contributed by each Member and which
each Member has agreed to contribute;
(2) the times at which or events upon the happening of which any
additional commitments agreed to be made by each Member are to be made;
(3) any right of a Member to receive, or of the Company to make,
distributions to a Member which include a return of all .or any part of the
Member's Capital Contribution; and
(4) any events upon the happening of which the Company is to be
dissolved and its affairs wound up.
12.03 Tax Returns. The Managers shall cause the preparation and timely filing of all
tax returns required to be filed by the Company pursuant to the Code and all other tax returns
deemed necessary and required in each jurisdiction in which the Company does business.
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Copies of such returns, or pertinent information therefrom, shall be furnished to the Members
within a reasonable time after the end of the Company's fiscal year.
ARTICLE XIH
TRANSFERABILITY
13.01 Transferability of Membership Interests. The term "transfer" when used in this
Agreement with respect to a Membership Interest includes a sale, assignment, gift, pledge,
exchange or other disposition. A Member shall not at any time transfer its Membership Interest
except in accordance with the conditions and limitations set out in Section 11.02. Any transferee
of a Membership Interest by any means shall have only the rights, powers and privileges set out
in Section 11.03 or otherwise provided by law and shall not become a Member of the Company
except as provided in Section 11.04. .
13.02 Restrictions on Transfers of Membership Interests.. All or part of a Membership
Interest may be transferred only with the prior written approval of a Majority of the Managing
Members, which approval may be granted or denied in the sole discretion of the Managing
Members. Any sale, assignment, pledge or hypothecation which does not comply with this
Article shall be void.
13.03 Rights of Transferee. Unless and until admitted as a Member of the Company in
accordance with Section 11.04, the transferee of a Membership Interest shall not be entitled to
any of the rights, powers, or privileges of a Member, except that the transferee shall be entitled to
receive the distributions and allocations to which the Member would be entitled but for the
transfer of his Membership Interest.
13.04 Admission of Transferees as Members. A transferee of a Membership Interest
may be admitted as a Member of the Company upon furnishing to the Company all of the
following:
(a) The written consent of all the Members;
(b) The acceptance, in a form satisfactory to a Majority of the Members, of all
the terms and conditions of this Agreement; and
(c) , Payment of such reasonable expenses as the Company may incur in
connection with his admission as a Member.
13.05 Admission of New Members. New Members to the Company may only be
admitted with the unanimous consent of the Members, upon compliance with all terms specified
by the Managing Members and upon receipt by the Company of an opinion of counsel,
satisfactory in form and substance to a Majority of the Members, that neither the offering nor the
proposed sale of the Membership Interest will violate any Federal or applicable state securities
law and that neither such offering nor sale will adversely affect the Company from being taxed
as a partnership for Federal income tax purposes.
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ARTICLE XIV
ADDITIONAL MEMBERS.
14.01 Additional Members.
(a) The Managers are authorized, without further approval of the Members, to
offer and sell additional Membership Interests in the Company and to admit Members
subject to the following terms:
(1) the aggregate Capital Contributions of the additional Members
shall not exceed the reasonable needs of the Company as determined in the sole
discretion of the Managers;
(2) the Managers may refuse to admit any person or persons as
additional Members for any reason whatsoever;
(3) the additional requirements set forth in Section 12.01(b) shall be
satisfied; and
(4) each additional Member investing pursuant to this section shall
make a Capital Contribution to the Company for his interest in the Company.
(b) The sale of Membership Interests and the admission of persons as
Members pursuant to Section 12.01 must comply with the following conditions:
(1) Each purchaser of a Membership Interest shall have executed and
filed with the Company such other documents and other instruments as the
Managers may deem necessary or desirable to affect the investment, including but
not limited to, execution of a signature page or other document making such
person a party to and bound by the provisions of this Agreement;
(2) Offers and sales made pursuant to Section 12.01 hereof shall not (i)
require registration under Section 5 of the Securities Act of 1933 as amended; (ii)
cause the Company to be terminated under Section 708 of the Code or (iii) violate
this Agreement.
(c) Upon admission of any additional Member pursuant to this section, the
Managers shall amend this Agreement by revising Schedule I to reflect the name, Capital
Contribution and Membership Interest of each additional Member.
(d) The admission of Members pursuant to this Section 12.01 shall not be
cause for dissolution of the Company.
(e) An additional Member shall be treated as any other Member of the
Company for purposes of this Agreement, including the allocations of cash distributions
and profits and losses to be made pursuant to this Agreement.
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(f) Allocations to. any Member whose interest changes during a Company
fiscal year or to any Member who is a Member for less than a Company fiscal year shall
be made in accordance with Section 706(d) and the Treasury Regulations promulgated
thereunder to take into account the Member's varying interest in the Company during the
Company fiscal year.
ARTICLE XV
DISSOLUTION AND TERMINATION
15.01 Dissolution.
(a) The Company shall be dissolved upon the occurrence of any of the
following events-
(1) the sale of all of the Company's assets;
(2) the unanimous written agreement of all of the Managers; or
(3) the unanimous written agreement of all Members.
(b) If a Member who is an individual dies or a court of competent jurisdiction
adjudges him to be incompetent to manage his person or his property, such Member's
executor, administrator, guardian, conservator, or other legal representative may exercise
all of the Member's rights for the purpose of settling his estate or administering his
propel
(c) Except as expressly permitted in this Operating Agreement, a Member
shall not voluntarily withdraw or take any other voluntary action which directly causes a
Withdrawal Event. Unless otherwise approved by Members owning a Majority Interest,
a Member who withdraws (a "Withdrawing Member") or whose status as a Member is
otherwise terminated by virtue of a Withdrawal Event, regardless of whether such
Withdrawal Event was the result of a voluntary act by such Member, shall not be entitled
to receive any distributions to which such Member would not have been entitled had such
Member remained a Member. Except as otherwise expressly provided herein, a
Withdrawing Member shall become an Membership Interest Owner. Damages for
breach of this Section 14.01(c) shall be monetary damages only (and no specific
performance), and such damages may be offset against distributions by the Company to
which the Withdrawing Member would otherwise be entitled.
15.02 Effect of Dissolution. Upon dissolution, the Company shall cease to carry on its
business, except as permitted by N.C. Gen. Stat. §§ 57C-6-4 through 57C-6-9, and shall publish
the notice as provided in N.C. Gen. Stat. § 57C-6-08.
15.03 Winding Up. Liquidation and Distribution of Assets.
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(a) Upon dissolution, an accounting shall be made by the Company's
independent accountants of the accounts of the Company and of the Company's assets,
liabilities and operations, from the date of the last previous accounting until the date of
dissolution. The Manager(s) shall immediately proceed to wind up the affairs of the
Company.
(b) If the Company is dissolved and its affairs are to be wound up, the
Manager(s) shall:
(1) Sell or otherwise liquidate all of the Company's assets as promptly
as practicable (except to the extent the Manager(s) may determine to distribute
any assets to the Members in kind),
(2) Allocate any profit or loss resulting from such sales to the
Members and Membership Interest Owners in accordance with the provisions of
Article XI hereof,
(3) Discharge all liabilities of the Company, including liabilities to
Members and Membership Interest Owners who are creditors, to the extent
permitted by law, other than liabilities to Members .and Membership Interest
Owners for distributions, and establish such Reserves as may be reasonably
necessary to provide for contingent or liabilities of the Company,
(4) Distribute the remaining assets in accordance with Section 10.02.
(c) Notwithstanding anything to the contrary in this Operating Agreement,
upon a liquidation within the meaning of Section 1.704-1(b)(2)(ii)(g) of the Treasury
Regulations, if any Member has a negative Capital Account (after giving effect to all
contributions, distributions, allocations and other Capital Account adjustments for all
taxable years, including the year during which such liquidation occurs), such Member
shall have no obligation to make any Capital Contribution, and the negative balance of
such Member's Capital Account shall not be considered a debt owed by such Member to
the Company or to any other Person for any purpose whatsoever.
(d) Upon completion of the winding up, liquidation, and distribution of the
assets, the Company shall be deemed terminated.
(e) The Manager(s) shall comply with any applicable requirements of
applicable law pertaining to the winding up of the affairs of the Company and the final
distribution of its assets.
15.04 Articles of Dissolution. Upon the dissolution and the commencement of winding
up of the Company, articles of dissolution shall be filed in the Office of the Secretary of State
and shall set forth:
(a) The name of the Company;
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(b) The dates of filing of the Articles of Organization and all amendments
thereto;
(c) The reason for filing the articles of dissolution;
(d) The effective date (which shall be a date certain) of the dissolution, as
determined in accordance with N.C. Gen. Stat. § 57C-6-01; and
(e) Any other information the Members or Managers filing the articles of
dissolution determine.
15.05 Return of Contribution Nonrecourse to Other Members. Except as provided by
law or as expressly provided in the Operating Agreement, upon dissolution, each Member shall
look solely to the assets of the Company for the return of its Capital Contribution. If the assets
of the Company remaining after the payment or discharge of the debts and liabilities of the
Company are insufficient to return the Capital Contribution of one or more Members, such
Member or Members shall have no recourse against any other Member.
ARTICLE XVI
MISCELLANEOUS PROVISIONS
16.01 Books of Account and Records. Proper and complete records and books of
account shall be kept or shall be caused to be kept by the Managers in which shall be entered
fully and accurately all transactions and other matters relating to the Company's business in such
detail and completeness as is customary and usual for businesses of the type engaged in by the
Company. The books and records shall be at all time be maintained at the principal office of the
Company and shall be open to the reasonable inspection and examination by the Members or
their duly authorized representatives during reasonable business hours.
16.02 Application of North Carolina Law. This Operating Agreement, and the
application or interpretation hereof, shall be governed exclusively by its terms and by the laws of
the State of North Carolina, and specifically by the Act.
16.03 No Action for Partition. No Member has any right to maintain any action for
partition with respect to the property of the Company.
16.04 Execution of Additional Instruments. Each Member hereby agrees to execute
such other and further statements of interest and holdings, designations, powers of attorney, and
other instruments necessary to comply with any laws, rules or regulations in connection with this
Agreement.
16.05 Construction. Whenever the singular number is used in this Operating Agreement
and when required by the context, the same shall include the plural and vice versa, and the
masculine gender shall include the feminine and neuter genders and vice versa.
16.06 Headings. The headings in this Operating Agreement are inserted for
convenience only and are in no way intended to describe, interpret, define, or limit the scope,
extent or intent of this Operating Agreement or any provision hereof.
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16.07 Waivers. The failure of any party to seek redress for violation of or to insist upon
the strict performance of any covenant or condition of this Operating Agreement shall not
prevent a subsequent act, which would have originally constituted a violation, from having the
effect of an original violation.
16.08 Rights and Remedies Cumulative. The rights and remedies provided by this
Agreement are cumulative and the use of any one right or remedy by any party shall not preclude.
or waive the right to use any or all other remedies. Such rights and remedies are given in
addition to any other rights the parties may have by law, statute, ordinance or otherwise.
16.09 Heirs, Successors and Assi¢ns. Each and all of the covenants, terms, provisions
and agreements herein contained shall be binding upon and inure to the benefit of the parties
hereto and, to the extent permitted by this. Agreement, their respective heirs, legal
representatives, successors and assigns.
16.10 Creditors. None of the provisions of this Agreement shall be for the benefit of or
enforceable by any creditors of the Company.
16.11 Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same instrument.
16.12 Federal Income Tax Elections. The Managers shall designate one Manager as the
Tax Matters Member of the Company pursuant to Section 6231(a)(7) of the Code. Any Manager
designated, as the Tax Matters Member shall take such action as may be necessary to cause each
other Member (or former Member, if appropriate) to become a notice partner within the meaning
of Section 6223 of the Code. The Tax Matters Member is authorized and required to represent
the Company in connection with all examinations of the Company's affairs by tax authorities,
including resulting administrative and judicial proceedings, and to expend Company funds for
professional services and costs associated therewith. The Tax Matters Member shall have the
final decision making authority with respect to all Federal income tax matters involving the
Company. The Members agree to cooperate with the Tax Matters Member and to do or refrain
from doing any or all things reasonably required by the Tax Matters Member to conduct such
proceedings. Any direct out-of-pocket expense incurred by the Tax Matters Member in carrying
out his obligations hereunder shall be allocated to and charged to the Company for which the Tax
Matters Member shall be reimbursed.
16.13 Notices. Any and all notices, offers, demands or elections required or permitted
to be made under this Agreement ("Notices") shall be in writing, signed by the party giving such
Notice, and shall be deemed given and effective (i) when hand -delivered (either in person by the
party giving such Notice, or by its designated agent, or by commercial courier) or (ii) on the third
(3rd) business day (which term means a day when the United States Postal Service, or its legal
successor ("Postal Service") is making regular deliveries of mail on all of its regularly appointed
week -day rounds) following the day (as evidenced by proof of mailing) upon which such notice
is deposited, postage pre -paid, certified mail, return receipt requested, with the Postal Service,
and addressed to the other party at such parry's respective address as set forth herein, or at such
other address as the other party may hereafter designate by Notice.
20
—Doc# 55192.01—

16.14 Amendments; No Oral Agreements. Except as otherwise provided herein, any
amendment to this, the only Operating Agreement of the Company shall be made in writing and
signed by Members holding Fifty One percent (51%) of the outstanding Shares. The Operating
Agreement shall not include any oral agreements made by any Members or Managers.
16.15 Severabilitv. The invalidity or unenforceability of any particular provision of the
Operating Agreement with respect to any Person or circumstance shall not affect the other
provisions hereof, and the Operating Agreement shall be construed in all respects as if such
invalid or unenforceable provision were omitted with respect to such Person or circumstance.
16.16 Arbitration. Any dispute, controversy or claim arising out of or in connection
with, or relating to, this Operating Agreement or any breach or alleged breach hereof shall, upon
the request of any party involved, be finally settled by arbitration to be conducted in Wake
County, North Carolina in accordance with the then prevailing commercial arbitration rules of
the American Arbitration Association, and judgment thereof may be entered in any court having
jurisdiction thereof. The arbitrators' award shall be final and binding. Judgment upon the
reward rendered may be entered in any court having jurisdiction over the party against which the
award is rendered. The Members expressly consent to the jurisdiction of the federal and state
courts situated in the state where the Company's registered agent is located for the purpose of
enforcing any arbitration award rendered pursuant to this Section 16.18.
16.17 Determination of Matters Not Provided For In This Operating_ Agreement. The
Managers shall decide any .questions arising with respect to the Company and this Operating
Agreement which are not specifically or expressly provided for in this Agreement.
16.18 Further Assurances. Each Member agrees to cooperate in order to, and to execute
and deliver in a timely fashion any and all additional documents necessary to, effectuate the
purposes of the Company and this Agreement, including but not limited to consents to
jurisdiction for a taxing jurisdiction with regard to the collection of income taxes attributable to
the Member's income and interest and penalties assessed on such income.
[Signatures Begin on Succeeding Page]
21
—DoO 55192.01—

IN WITNESS WHEREOF, the undersigned, being the initial Manager and all of the
Members of the Comp aused this Operating Agreement to be duly adopted effective as
of the `� day of have c2005, and do hereby assume and agree to be bound by
and to perform all of the terms d provisions set forth in the Operating Agreement.
Alta Forest Housing of Jacksonville Inc., Managing
Member i
By:
Its
22
—ova ssivzoi—

OPERATING AGREEMENT
OF
ALTA FOREST TOWNHOMES LLC
SCHEDULEI
Name and Address of Member
Alta Forest Housing of Jacksonville Inc.
315 Turner Street
Beaufort, NC 27516
East Carolina Community Development Inc.
315 Turner Street
Beaufort, NC 27516
Contribution Membership Interest
23
—Doc# 55192.01—

OPERATING AGREEMENT
OF
ALTA FOREST TOWNHOMES LLC
SCHEDULE H
Managers of the Company:
Alta Forest Housing of Jacksonville Inc.
315 Turner Street
Beaufort, NC 27516
24
-Dad155192.01-

MapQuest: Maps
Page I of I
�lmPQ)VE'S,T®
[3988-4399] Henderson Dr
Jacksonville NC
28546 US
Notes:
All rights reserved. Use Subiect to License/Cop ri ht
This map is informational only. No representation is made or warranty given as to its content. User assumes all
risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use.
http://www.mapquest. com/maps/print. adp?mapdata=IgGhLx%252bMihDOtAeC 7izcyMQ... 5/24/2006

CITY OF JACKSONVILLE
0
PUBLIC SERVICES DEPARTMENT
ENGINEERING C4MP 04y
�E✓EUNE j�MCAS KEY
LETTER OF TRANSMITTAL
TO:
Division of Environmental Manaeement
127 Cardinal Drive Extension
Wilmington N.C.28405
Phone # [phone]
Linda:
WE ARE SENDING YOU
_ PRINTS
_ COPY OF LETTER
DESCRIPTION:
Date: May 11, 2006�
Attn: Ms. Linda Lewis
Ref. Erosion & Sedimentation
Emmerdale
XX ATTACHED _ UNDER SEPARATE COVER
XX PLANS _ SPECIFICATIONS
XX OTHER copy of the financial responsibility statements
THESE ARE TRANSMITTED AS CHECKED BELOW:
_ FOR APPROVAL
_ FOR REVIEW AND COMMENT
DOCUMENTS ARE DUE TO BE RETURNED BY:
PRINTS RETURNED AFTER LOAN TO US
_ OTHER
REMARKS:
COPIES TO: File
—AS REQUESTED
XX FOR YOUR USE
&;��dJW,92�
Tom Anderson, Construction Specialist
Post Office Box 128 ♦ Jacksonville, North Carolina 28541 ♦ [phone] ♦ TDD# [phone] ♦ Fax [phone]

v
t / FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
101 SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
Part A.
Project Name Emmerdale
2. Location of land -disturbing activity: County Onslow City or Township Jacksonville
Highway/Street Carolina Rlvrl_ Latitude 4[ tP�rPes�f?'1?"Longitude 77r1norooS94'4-9 4"
3. Approximate date land -disturbing activity will commence: June la 2006
4. Purpose of development (residential, commercial, industrial, institutional, etc.): residential
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 7 40 di s 1-ur1,ed; 8.43 total
6. Amount of fee enclosed: $ 1, ow.M. The application fee of $50.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450).
7. Has an erosion and sediment control plan been filed? Yes XX No Enclosed
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name John
Telephone [phone] Cell#
E-mail Address bettybjl1(@bi Pr,.rr. om
� 1 /
9. Landowner(s) of Record (attach accompanied page to list additional owners):
BHP Western
Name
P.O. Box 1685
Current Mailing Address
Jacksonville, NC 28540
City State
10. Deed Book No. 1460 Page No.
Part B.
Telephone
Current Street Address
Fax Number
City State Zip
396
Provide a copy of the most current deed.
Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Fminerdale LLC
Name
E-mail Address
315 Turner Street
Current Mailing Address Current Street Address
Beaufort, NC 28516
City State Zip City State Zip
Telephone [phone] Fax Number

2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Emmerdale
Keith Walker, Manager
Name of Registered Agent E-mail Address
315 Turner Street
Current Mailing Address Current Street Address
Beaufort, NC 28516
City State Zip City State Zip
Telephone [phone] Fax N
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partrier, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there by any change in the information provided herein.
Manager
Title or Authon
Date
a Notary Public of the County of
State of North Carolina, hereby certify that xt�./�� L�a�/� P appeared
personally before me this day and being duly sworn acknowledged--ffiat the above form was
executed bv,himnnn,,_
pUBLtC
seal, this 'Y day of
20 67
My commission expires Ld G�

TRANSMISSION! VERIFICATION REPORT
TIME
05/09;2006 14:49
NAME
.JOHN PIERCE SURVEYOR
FAX
910-346-1210
TEL
910-346-9800
SER.#
SP,OF1J447396
DATE,TIME
05/09 14:49
FAX NO./NAME
19103502004
DURATION
00:01:21
PAGES)
04
RESULT
OK
MODE
STANDARD
ECM

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING • LAND PLANNING • MAPPING
OFFICE: 910-346-9800
FAX: [phone]
E-MAIL: [e-mail]
or [e-mail]
DATE:
FAX NO. [phone]
F1111-CZ11"
NUMBER OF COPIES INCLUDING THIS PAGE J
409 Johnson Blvd.
Jacksonville, NC 28540
LOTS, FARMLAND AND WOODLAND SURVEYING • SITE PLANNING • SUBDIVISION LAYOUT • LAND DEVELOPMENT PLANNING
CONSTRUCTION SURVEYING • TOPOGRAPHIC SURVEYING AND MAPPING
Phase I Environmental Audit / Risk Assessment