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HomeMy WebLinkAboutSW8080622_HISTORICAL FILE_20100503STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 090\-o22 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 201601503 YYYYMMDD t NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director May 3, 2010 James B. Myers, III, Managing Member Integrated Properties, LLC, Member/Manager Shallotte Partners, LLC P.O. Box 240351 Charlotte, NC 28225 Subject: State Stormwater Management Permit No. SW8 080622 Mod Calabash Town Center High Density Commercial Wet Pond Project Brunswick County Dear Mr. Myers: Dee Freeman Secretary The Wilmington Regional Office received a complete minor modification to the existing State Stormwater Management Permit for Calabash Town Center on May 3, 2010. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2006-246 and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 080622, dated May 3, 2010, for the construction and operation of the subject project. This permit shall be effective from the date of issuance until September 18, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 796-7215. Sincerely, CS Georgette D. Scott Stormwater Supervisor Division of Water Quality GDS/arl: S:\WQS\STORMWATER\PERMIT\080622.may10 cc: Brunswick County Inspections Jeff Phillips, Brunswick County Engineering Phil Norris, P.E., Norris, Kuske, & Tunstall Wilmington Regional Office Stormwater File DWQ Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 Norttyh Caro t t n a Internet: v .ncwaterquality.org �LLtur�ll� An Equal Opportunity 1 Alfirmative Action Employer State Stormwater Management Systems Permit No. SW8 080622 Mod. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Shallotte Partners, LLC and Integrated Properties, LLC Calabash Town Center Clariday and Old Georgetown Road, Calabash, Brunswick County FOR THE construction, operation and maintenance of three (3) wet detention ponds in compliance with the provisions of Session Law 2006-246 and 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 September 18, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The subdivision is permitted for 5 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.13 (f) of this permit. The stormwater controls labeled Pond #1, Pond #2 and Pond #3 have been designed to handle the runoff from a maximum of 335,527 sq. ft., 301,281 sq. ft. and 154,403 sq. ft., of built -upon area respectively. 3. 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. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 5. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. Page 2 of 9 State Stormwater Management Systems Permit No. SW8 080622 Mod. The following design criteria have been provided in the wet detention ponds and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: b. Total Impervious Surfaces ft2: Buildings, ft2: Streets, ft2: Parking, ft2: Sidewalks, ft2: Other onsite, ft2: Future, ft2: Tract 1, ft2: Tract 2 Tract 3 Tract 4 Tract 5 c.. Average Pond Design Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Surface Area at Permanent Pool, ft2: h. Permitted Storage Volume, ft3: i. Storage Elevation, FMSL: j. Predevelopment 1 year 24 hour, cfs: k. Post development 1 year 24 hour, cfs: I. Controlling Orifice: m. Permanent Pool Volume, ft3: n. Forebay Volume, ft3: o. Maximum Fountain Horsepower: p. Receiving Stream / River Basin: q. Stream Index Number: r. Classification of Water Body: II. SCHEDULE OF COMPLIANCE Pond 1 Pond 2 Pond 3 12.27 10.30 6.33 534,524 301,281 154,403 0 0 0 335,527 301,281 154,403 35,343 49,491 27,464 45,388 21,708 16,453 41,648 85,283 43,951 13,618 15,726 8,424 1,750 0 0 10,000 10,000 10,000 18,649 0 0 59,465 0 0 95,385 0 0 14,331 119,073 0 0 0 48,111 4.5 4.5 3.5 90% 90% 90% 1.5" 1.5" 1.5" 45.5 45.5 45.5 31,167 31,362 18,580 42,175 38,198 21,266 46.70 46.5 46.5 0.519 0.436 0.268 0.218 0.181 0.09 3.75"0 pipe 3.50"0 pipe 2.50"0 pipe 118,603 124,960 62,299 25,189 26,062 11,997 1/3 HP 1/3 HP 1/4 HP UT Calabash River / Lumber 15-25-13 "SA;HQW" (>1/2 mile from) 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality. Both the permittee and the individual property owner are subject to enforcement action and potential fines for exceeding the maximum permitted built -upon area. 3. If an Architectural Review Board or Committee is set up by the permittee to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve either the permittee or the homeowner of the responsibility to maintain compliance with the permitted BUA limit. Page 3 of 9 State Stormwater Management Systems Permit No. SW8 080622 Mod. 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. 5. 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. 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The permittee shall submit for approval, final site layout and grading plans for any permitted future development areas shown on the approved plans, prior to construction. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 11. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 080622 Mod. 12. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 13. The recordation of deed restrictions is required in order to maintain compliance with the permit. The permittee shall cause the following statements to be recorded, prior to the sale of any lot: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 080622, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area, in square feet, for the five tracts shown on the approved. plans is listed as follows: Tract # Maximum BUA 1 18,649 sf 2 59,465 sf 3 95,385 sf 4 133,404 sf 5 48,111 sf These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. i. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. j. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. k. If permeable pavement credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction of BUA. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 080622 Mod. 14. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of Register of Deeds. 15. 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. 16. 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. 17. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in any of these ponds is shown in Section 1.6 of this permit. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the permittee or of the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change form to the Division of Water Quality, accompanied by the supporting documentation as listed on the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. Neither the sale of the project area in whole or in part, nor the conveyance of common area to a third party, shall be considered an approved request to transfer the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 080622 Mod. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 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. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. 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. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit modified and reissued this the 3rd day of May 2010. CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Page 7 of 9 State Stormwater Management Systems Permit No. SW8 080622 Mod. Calabash Town Center Stormwater Permit No. SW8 080622 Brunswick 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 a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems . Permit No. SW8 080622 Mod. Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Brunswick County Building Inspections Page 9 of 9 DWQ USE ONLY Date Received Fee Paid Permit Number -ice sos��SS O Olv Applect all ticable Rules: (selhat apply) ❑ Coastal SW -1995 ❑ Coastal SW - 2008 Ph II - Post Construction t•/lcr ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Calabash Town Center 2. Location of Project (street address): City:Calabash County:Brunswick 3. Directions to project (from nearest major intersection): Project resides at the NW corner of NC 179 Business (Old Georgetown Road) ,and SR 1164 (Clariday Road) 4. Latitude:33° 54' 00" N Longitude:78* 33' 60" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 080622 , its issue date (if known)September 18, 2008 and the status of construction: ®Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, N/A and the previous name of the project, if different than currently proposed, N/A _ 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑NPDES Industrial Stormwater ®Sedimentation/Erosion Control: 23 - ac of Disturbed Area ❑404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit:Erosion Control ID# BRUNS-2008-188 dated November 5, 2007 Form SWU-l0l Version 07Ju1}2009 RECEIVED FED 0 5 2010 BY:_ Page l of 6 E III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Shallotte Partners LLC Signing Official & Title:iames B. Myers III/ Managing Member b. Contact information for person listed in item la above: Street Address:11024 Nations Ford Road City:Pineville State:NC Zip:28134 Mailing Address (if applicable):P.O. Box 240351 City:Charlotte State:NC Zip:28225 Phone: (704 ) 755-8397 Fax: ( ) N/A Email:N/ A c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or c person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: A b. Contact information for person listed in item 2a above: Street Address: City: State: Mailing Address (if applicable): City: State: Phone: ( ) Fax: ( ) Email: (This is the 6s 3. a. (Optional) Print the name and title of another contact such as the projects construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & b. Contact information for person listed in item 3a above: Mailing City:_ Phone: State: Fax: ( ) 4. Local jurisdiction for building permits: Town of Calabash Point of Contact:Stanley Dills Phone #: (910 ) 579-6747 Ext 1 Form SWU-101 Version 07July2009 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater 2. a. If claiming vested rights, identify the supporting documents provided and the date B�ppro El Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit 1- Issued Date: ®Other: Fa(6k/ijSWnermir Date:-IB-200 b.Identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ® Ph II - Post Construction 3. Stormwater runoff from this project drains to the Lumber River basin. 4. Total Property Area: 34.95 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area':34.95 acres Total project area shall be calculated to exclude the following the normal pool of impounded strictures, the area between the batiks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 51.97 % 9. How many drainage areas does the project have?3 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10.Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Draina e Area 1 Draina e Area 2 Draina e Area 3 Draina e Area _ Receiving Stream Name UT of Calabash River* UT of Calabash River* UT of Calabash River* * Project resides outside of Stream Class SA; HQW SA;HQW SA;HQW mile line of Stream Index Number * 15-25-13 15-25-13 15-25-13 SA waters Total Drainage Area (so 534,524 448,873 275,679 On -site Drainage Area (so 534,524 448,873 275,679 Off -site Drainage Area (so 0 0 0 Proposed Impervious Area** (so 335,527 301,281 154,403 Impervious Area** total 62.77 1 67.12 56.00 Impervious- Surface Area Drainage Area l Drainage Area 2 Drainage Area 3 Drainage Area _ On -site Buildings/Lots (so 35,343 49,491 27,464 On -site Streets (so 45,338 21,708 16,453 On -site Parking (so 41,648 85,283 43,951 On -site Sidewalks (so 13,618 15,726 8,424 Other on -site (so 1750 0 0 Future (so 10,000 10,000 10,000 Off -site (so O)uf mz rj 187830 119,073 48,111 Existing BUA*** (sf) 1 0 0 0 Total (so: 1 335527 301,281 154,403 * Stream Class and Index Number can be determined at: http://h2o.enr.state.ne.us/bims/reports/reportsWB.htnd '* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form S WU-101 Version 07July2009 Page 3 of 6 ** Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. *** Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. N/A Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from ht!p://h2o.eftr.state.nc.us/su/­bmp forms.htm. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://h2o.enr.state.nc.us/SU/bmp forms.htm. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at hUp:/ /h2o.enr.state.nc.us/"­su/msi maps.htm.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from htW://h2o.enr.state.nc.us/su/`bmp forms.htm. 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.org/12ages/`onestoMxpress.htmi for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/ managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within Vs mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. It. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of imp structures, the banks of streams or rivers, and the MHW (or NHW) of tidal w s. i. Dimensioned property/ project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. i Mmot• W 21 Form SWU-101 Version 07July2009 Page 4 of 6 m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). Ve etated buffers (where r uired) p- g eq A 9. Copy of any applicable soils report with the associated SHWT elevations (Please identifyIhrl� elevations in addition to depths) as well as a map of the boring locations with the existing ff// elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 2468 Page No:1148 qrK r_,L ' 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC I Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the N Secretary of State, otherwise the application will be returned. C� http://www.secretaiy.state.nc.us/Cori?oratiorts/CSearch.aspx I VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS FFB 51010 For all subdivisions, outparcels, and future development, the appropriate property restric "' nd protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or oposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must "de as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions an protective covenants forms can be downloaded from http://­h2o.enr.state.nc.us/su/bml2 forms.htm!ldeed restrictions. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineers Phillip Norris P.E. Consulting Firm: Norris Kuske & Tunstall Consulting Engineers Inc. Mailing Address:1429 Ash -Little River Road State:NC Zip:28420 Phone: (910 ) 287-5900 Fax: (910 1 287-5902 Email:pnorris@nkteng.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) with (print or type name of organization listed in Contact Information, item lb) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version 07July2009 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. I, a Notary Public for the State of County of do hereby certify that before me this _ day of personally appeared . and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission X. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in Contact Information, item 2) lames B. Myers III Managing Member certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective cov is will be recorded, and that the proposed project complies with the requirements of the applicable storm ate rules uncut 15A kJCAC 2H .1000, SL 2006-246 (Ph. II -Post Construction) or SL 200&-211. a /!✓ %l9 Bounty of 1, a Notary y Public for the fate of / (t�bwe do hereby certify that �l G r 1� P1� personally appeared before me thisa day of ` &W Q and agk�owle e thq dire of dCution of the application for a stormwater permit. Witness my hand and official seal, r/_ I/1 lhl 1/ / I SEAL My commission expires �,&t V �k1r FEB 0.5 2010 Form SW U-101 Version 07July2009 Page 6 of 6 nIK'r a7rz8 40. NCDENR North Carolina Department of Environment and Natural Resourge.§- o b Z009 Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins $Y: Qee_&eeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 03C)&22- 1. Stormwater Management Permit Number: Sw8 0.84645-2- 2. Project Name: Calabash Town Center 3. Current Permit Holder's Company Name/Organization: Shallotte Partners, LLC 4. Signing Official's Name: Stuart Cooke Title: (person legally responsible for permit) 5. Mailing Address: 1 Causeway Drive Member Manager City: Ocean Isle Beach State: NC Zip: 28469 6. Phone: 10 579-2880 Fax: II. PROPOSED PERMITTEE I OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) * Mailing address / phone number change. (Please complete Item 4 below) ® Other (please explain): Change in Signing Official 1. Proposed permittee's company name/organization: Shallotte Partners, LLC (no change) 2. Proposed permittee's signing official's name: James B 3. Proposed permittee's Title: Member / Manager 4. Mailing Address: PO Box 240351 Charlotte Myers, III State: NC Zip: 28224 Phone: 704 554-8397 Fax:( ) N/A 5. New Project Name to be placed on permit: Calabash Town Center (no change) Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above). The property owner. ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev16Nov2009 Page 1 of 4 III. REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWQ. 5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements: x❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit. 1, James s . Myers, 11 r , the current owner, hereby notify the Division of Water Quality that I am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. ❑ Check here if Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit. I, , the current owner, am submitting this application for a transfer of ownership for permit # . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V of this form at the mailing address listed in Section II of this form. I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditiNs of the permit remains with me until such time as the Proposed Permittee signs this form and the Division aB&oves/dt. / I Ku ,) , a Notary Public for the State of U a1 : o.a County of 1�4 (X, u-P do hereby certify that personally appeared before me this the (-� day of 20, and acknowledge the due execution of the forgoing instrument. Witnes (sand and official seal, (Notary Seal) Nota Si atur SSW N/O Change Rev16Nov2009 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) James B. Myers, zrz , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system. I have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit. I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee. I further acknowledge and agree that I will co"truct and/or operate and maintain the system per the requirements listed in the permit and in the eration grid Maintenance agreement. I, / I , a Notary Public for the State of UK' a,- County of UUU (le (Qi)L)!,q do hereby certify that Q2t '&gUT personally appeared before me this the 1 =� day of 2001 , and acknowledge the due execution of the forgo' g instrument. Witn y hand and official seal, (Notary Seal) Notary Sign#Ure Additional copies of the original permit and the approved Operation and Maintenance plan'can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev16Nov2009 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change Rev16Nov2009 Page 4 of 4 _ , AMA. 0 NC6 R 1 North Carolina Department of Environment and Natural Resou s e0 9 Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: 1 Stormwater Management Permit Number: Sw8 080662 2. Permit Holder's Name: Shallotte Partners, LLC 3. Signing official's Name: Stuart Cooke Title: Member/Manager (person legally responsible for permit) 4. Mailing Address: 1 Causeway Drive City: Ocean Isle Beach State: NC Zip: 28469 Phone: (919 579-2880 Fax: ( N/A II. NEW OWNER / PROJECT / ADDRESS INFORMATION: 1. This request is for: (please check all that apply) X a. Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) N/A b. Name change of project (Please complete Item #5 below) X C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): Shallotte Partners, LLC / Integrated 2. New owner's name to be put on permit: Dsepost:;L®s , 11 C 3. New owner's signing official's name and title: James B. Myers, III Title: Member/Manager 4. New Mailing Address: PO Box 240038 City: Charlotte State: NC Zip: 28224 Phone:(701 554-8397 Fax:( 5. New Project Name to be placed on permit: N/A Ownership/Name Change-022309 Page 1 of 3 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANCE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: Stuart Cooke attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting informatpn and attachments are not included, this application package will be returned as incdma%e. Signature: 1 Date:/�09-D New Applicant's Certification: (Must be completed for all transfers of ownership) James B. Myers, III , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting inforyy#�tion and attachments are not included, this application package will be returned as incdmblete. � / Signature: Mail th4entire package to: NCDENR Division of Water Quality Surface Water Protection Section — Stormwater at the Appropriate Contact Address (see the following page) Ownership/Name Change-022309 Page 2 of 3 MEMORY TRANSMISSION REPORT TIME :05-04-'10 09:07 FAX NO.1 NAME FILE NO. 065 DATE 05.04 09:06 TO : 8 919102875902 DOCUMENT PAGES 1 START TIME 05.04 09:06 END TIME 05.04 09:07 PAGES SENT 1 STATUS, OK *** SUCCESSFUL TX NOTICE *** Nc��TV`t North Carolina Department of Environment and Natural Resources Olylsof Water Qualityo y Eavae Pardue Colson R. Sullins Oea Freeman n. Oov.mor Oh.ctor 8acretary May 3, 2010 James a. Myers, Ill, Managing Member Intop rated Propertles, LLC, Member/Manager Shallotle Partnem, LLC P.O. Max 240351 Charlotte, NC 2a225 8ubJocY atata Storrnwater Management Permit No. SWa 080022 Mod Celebes" Town Center Rlon Uonalty Commarclal Wet Pond ProJact Orunswlak County Oear Mr. Myareo Tho Wilmin ton Roaaional Offiao rocaivod a cam lato minor modification to the existing State 8tormwater Management Parm(t for Callabaeh Town Center on Maywill ,P 3, 2010. Staff review of the plan. and .padflcatona Law, 2008-240 and Tltlo new clatorminacl that the 11�11 l NCAC as 2H1 000.E Wa are foY alyding Permth the it No. SWa 090922. datad May In a. 2010, for the core t'uatI.n and ....ration of the aublaal Prolaal. Thla pp rmt shall ba MactlVa from e the data T lesunnCuntil Sept mbar 10. 2010. and shall bo s b act to tna conditions and limitations as apectled therein. Please pay spacial attention to the OParatlon and alntananae reaulremonts In this permit. Pallure to establish an adaquato system for operation and maintananas of the .tarrrlwat.r management .,stem will result In future compllllanca prabl. , p p or IQogqn� t an aaJuOl..t.ry haadng uP In writtenal�d In within hlrty to �h . w'15081 of ac North C aml na It. Thla re ueat must be In the form of a written pet tlon, co Tonning to 77447 Onesslsuch demand lled ands lh the I=,Tfiam ars, made thin• Admt .hall be final b ndin Orawwr 27447, Rnlolgh, NC 2761 1- pe m g. IT ymu have y au llona, or nand additional Information cancarning thla matter, please contact Linda Lawla, o e at (010) 7 0-721 5. Sincerely, cS Ceorgetlo o. Scott Starmwater SuperYlsor U rvislOn of Water Quality 00Slarl: 8:\W08\8TORMWATER\PERMIT\OBOB22. mayl O cc: arunewlcx County Inappoctione Jett Phillips, Or ... wiclt County Enp Ineering Phll Norris, P.E.. Norris Kunke 6 Tun.tall Wllmina ton Ragiona1 O%tica Slormwatar File OWO Central gl.0 wimmG ro., a..,..i olld zeros �..: o+oiaeoz%i vwx: uloaeo-soot 1 c�.aa..., s..w.: Iw�iazasru — pro«.,. I .,...,,.— .a,.... 11Pa5Caro "na State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor Dee Freeman, Secretary FAX COVER SHEET Date: 5-4,2cv/l: To: PP/L AJQQJ /S CO: IVKT FAX #: 9'/0 -2,Y'%-S"JU2- REMARKS: . cooq 0-� No. Of Pages: (excluding cover) From Lih �2 L PiG N S CO: NC DENR FAX#: 910-350-2004 A�-SW8G80 127 Cardinal Drive Extension, Wilmington, \.C. 28405-3845 Tdcphone (910) 796-7215 Fax (910) 350 2004 An Equal Opportunity Affirmative Action Employer n MEMORY TRANSMISSION REPORT TIME :05-04-'10 09:08 FAX NO.1 NAME FILE NO. 066 DATE 05.04 09:07 TO : 8 919102875902 DOCUMENT PAGES 2 START TIME 05.04 09:07 END TIME 05.04 09:08 PAGES SENT 2 STATUS OK *** SUCCESSFUL TX NOTICE Stara of North Caro line Departm cnt of Env#ro.trnent and Natural Reaot.rc ea . Wilmington Rcg:o nal OtTice Beverly Eavea Perdue, Govcmor Dea Froem an, Secret ary FAX CcYvEn SKEET No. Of Pages: CO: /VIi�'T �� COe NC DENR FAX #: 9'/C1 —��/ J) VL FAX#: 910-350-2004 ..x c.r.n... o..r. r... .�.c. xw..oxw.e s...pn.... t•�•> x•c_rs to rww <o tot aeosooa u.t Opnu rtu y T�m•n r. Aenan 6m...a yer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves Perdue, Governor FAX Date: 5-4,2010 To: PNIL IV00215 CO: NK7- FAY #: To -287- 5902- REMARKS: Dee Freeman, Secretary COVER SHEET No. Of PabeS: (excluding cover) From: L.%!'J 0(2 LQ.c,c,j S CO: NC DENR FAY#: 910-350-2004 i1. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 796-7215 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer Lewis,Linda From: Phil Norris [pnorris@nkteng.coml Sent: Monday, May 03, 2010 8:58 AM To: Lewis,Linda Subject: RE: SW8 080622 Calabash Town Center Attachments: 07128 05-03-10 sw-supp-pond 3.pdf Linda, The calculations are correct. We are attaching a revised supplement with the correct number. []0f J. Phillip Norris, P.E. Norris, Kuske & Tunstall Consulting Engineers, Inc. 1429 Ash Little River Road Ash, NC 28420 910-287-5900(phone) 910-287-5902(fax) This is the professional opinion of Norris, Kuske & Tunstall Consulting Engineers, Inc. that this eletronic information provides design information current as of the date of its release. It shall be the responsibilty of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in eletronic media format, Norris, Kuske & Tunstall makes no representations as to the usability or readabilty of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris, Kuske & Tunstall in the preparation of such data. From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Friday, April 30, 2010 5:21 PM To: Norris, Phil Cc: Amy Norris; Nancy Howell Subject: SW8 080622 Calabash Town Center Phil: The permanent pool surface area reported on the revised Pond 3 supplement form is 18,295 sf, but the revised calculations use 18,580 sf. Which one is correct? Linda Please note my new email address is Linda.Lewis@ncdenr.gov Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 \ E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be disclosed to third parties. NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC. March 24, 2010 Ms. Linda Lewis, Environmental Specialist NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Calabash Town Center — SW8 080622 MOD Calabash, NC NKT # 07128 J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S.Tunstall, P.E. J.A. Kuske, P.E. of Counsel Dear Ms. Lewis: In response to your March 23, 2010 comments, we offer the following response: 1. The plans have been revised to show the easements for the existing ditches. 2. Page 3 of the application has been revised to reflect the change in the receiving stream, class, and index number. We also noted that this project resides outside of the % mile line for SA waters. 3. O&M have been corrected by you as indicated. 4. & 5 The revised calculations are included. 6. Yes, the permanent pool volume reported on the supplements is the sum of the main pond and the provided forebay volume as listed in the calculations. 7. The mulched walking paths have been removed from the plans. 8., 9., & 10. Corrected sheets are included in package. Please contact us if you have any questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSSJJ,TING ENGINEERS, INC. K. Bland, Project Manager 07128 03-24-10 s-sw response Itr cc: Mr. Jim Myers / Shallotte Partners, LLC 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 UaTe ueslgn NORRIS, KUSKE &TUNSTALL Wilmington, NC 'near 3/11p�p �a I r CONSULTING ENGINEERS, INC. Brunswick County, NC Of FEV660 "W Fax 77' 014V,,,454 IbM C& rz"— PJC-f— '50� CPA if�AkP--- n1CA&1rL a, 3/a�Iio . = 11966 do t pj sv0 % qn-2 . 0+ �yPHkup :�N�' pQ' MAR 2 9 2010 I% NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. WET DETENTION BASIN CALCULATIONS Proiect Name: Calabash Town Center NKT NO 07128 Contact Person: Jdhn PFillhp Noms; PE --.--'-,­­-1Phone: (910) 343-9653 For projects with multiple basins, specify which basin this worksheet applies to: Description 1-year,24-hour rain event Drainage Area, DA = Pre-existing Impervious Area = Pre-existing Overall % Impervious, I, _ Proposed Impervious Area = Post Development Pervious Area = Post Deveoplment Overall % Impervious, 3/24/2010 Qty Units Notes: 3 62Z inches from NOAA & project location 12 27As�aC total to pond ,00001ac 0.00 7:703lac total BUA to pond 4.57 ac total proposed impervious to pond = 1 62.771 % iin 0.5 mile & drain to SA waters? _FUSE FIRST 1.5 INCH ign Rainfall Depth, D = 1.50 in Devolpoment Runoff Volume factor, Rvpr° = 0.05 infin Rvpr, = 0.05 + 0.0091M Development Runoff Volume, Vpra 3,341 VPM = 0/12 x Rvpr° x DA'43560 t Devolpoment Runoff Volume factor, Rv,,t = 0.61 in/in Rv" = 0.05 + 0.009*1P ' t Development Runoff Volume, V.., 41,088 VP.., = D/12 x Rvp,,l x DA"43560 uired Storage Volume = 41,088 W Post Dev. @ 1.5 inch Rainfall Depth nanent Pool Elevation - _' 45:50i ft nanent Pool surface area _ 31,167 sf e Temporary Pool Elevation 46.70 ft e Temporary Pool Surface Area 37,227 sf tided Storage Volume = I 42,175 ft3 OK! I Peak Flow Calculations (Rational Method) I C value pre -developed C value post -developed Tc = Time of Concentration Depth @ Tc & 1-yr = d Intensity Peak, 1 YR= I Pre -development runoff rate (rational method) Post -development runoff rate (rational method "151min 0.991 inches 9.112 cfs Qprq=Cpre x I x DA 31.59 1 cfs Qp°,t=Cp°, x I x DA H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWQ POND#1 SIMPLE VOLUME 1-21- 10 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. d Volume (Above Normal Pool) I of Top of Pond I of State Stg Elevation I of Top of Veg Shelf Elevation I of Normal Pool of Pond Elevation e Sig Elevation of Veg Shelf Elevation nal Pool Elevation .me of Top of Pond to Normal Pool Elevation Pond Volume (Excluding Forebay) of Normal Pool Elevation of Bottom of Veg Shelf Elevation of Sediment Removal Elevation al Pool Elevation m of Veg Shelf Elevation nent Removal Elevation ne of Normal Pool Elevation to Sediement Removal Elevation bay #1 Volume (Excluding Main Pond) 40 342j sf 'Ai; 7 sf 35;589j sf 31,167 sf �d 48#ft 467� ft 46.00 ft 45.50 It 31,168 it 23486sf ii 6478;sf �sf 45.50 ft 45.00 ft 40Ift - 93,414 ft3 of Normal Pool Elevation 7681 I sf of Sediment Removal Elevation �3 5141 sf lal Pool Elevation 45.50 ft nent Removal Elevation 41 ft Say Volume - Normal Pool Elevation to Sediment Removal Elevation 25,189 ft3 21.2%I (18 - 22% AVq • 6-0 A¢C'h menl r u5w lac 4A I Vbw4ae5'; Q(. Wr n P9O4'2 r)GAAw I- 5'Q . +..r 3/24/2010 y5-40).1 z- 2 H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWQ POND#1 SIMPLE VOLUME 1-21- 10 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. 3/24/2010 Average Depth & Required Surface Area Permanent Pool Area 31,167 sf Permanent Volume I 118,602 cf Average Depth 3.81 ft D = V/A Average Depth, Davg = 3.81 ft Rounded Avg Depth = _ "4;00!ft SA/DA # from "Green Sheet" of Interpolated values for Coastal Region SA/DA at 63% Impervious w/ 4.00 ft avg depth 90% TSS removal, no filter strip Required Surface Area = 29,452 sf Provided Surface Area = 31,167 sr OKI Drawdown Avg. Head = Drawdown Time = Internal Diameter = Internal Diameter = Drawdown Time = Internal Diameter= Internal Diameter = Avg Internal Diameter = Design Orifice Diameter = Design Drawdown rate 0.40 ft 2 days 0.32 It 3.78 in 5 days 0.20 ft 2-39 in 3.09 in one third of flood stage 172,800 s 432,000 s CeI H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWQ POND#1 SIMPLE VOLUME 1-21- 10 H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type /// 24-hr 1-yrNCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCADO 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 Subcatchment DA1: Pre Runoff = 13.10 cfs @ 12.22 hrs, Volume= 1.285 af, Depth> 1.26" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 1-yr NCDENR Rainfall=3.62" Area (ac) CN Description 0.148 79 Woods, Fair, HSG D; Mu soil 0.345 79 Woods, Fair, HSG D; Ba soil 11.778 73 Woods, Fair, HSG C; Lo soil (field judgement) 12.271 73 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment DA1: Pre Hydrograph m RunoH 131 1 Type III 24-hr 1-yr.NCDE 21 I Rainfall=3.62" ". Runoff Area=12.271 ac 10Runoff Volume=1.285 of e 6=1 1 Runoff Depth>1.26" 7. Tc=15.0 min El6- CN=73 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type /I/ 24-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCAD® 7.10 s/n 000479 @ 2005 HydroCAD Software Solutions LLC 3/24/2010 Subcatchment DA 1: Post Runoff = 27.50 cfs @ 12.20 hrs, Volume= 2.611 af, Depth> 2.55" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 1-yr NCDENR Rainfall=3.62" Area (ac) CN Description 3.391 98 Multifamily Portion 4.312 98 Impervious Allottment 1,2, & portion of 3 4.568 76 Woods/grass comb., Fair, HSG C 12.271 90 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment DA 1: Post Hydrograph ® Runaff Type III 24-hr 1-yr NCDEI 26 24., Rainfall=3.62" 22, Runoff Area=12.271 ac 20-- Runoff Volume=2.611 of 18 Runoff Depth>2.55" ,4 Tc=15:0 min ` 19 CN=90 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type /// 24-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCADO 7.10 s/n 000479 @ 2005 HydroCAD Software Solutions LLC 3/24/2010 Pond P1 DA1: Pond #1 Inflow Area = 12.271 ac, Inflow Depth > 2.55" for 1-yr NCDENR event Inflow = 27.50 cfs @ 12.20 hrs, Volume= 2.611 of Outflow = 10.28 cfs @ 12.58 hrs, Volume= 1.637 af, Atten= 63%, Lag= 22.8 min Primary = 10.28 cfs @ 12.58 hrs, Volume= 1.637 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 47.04' @ 12.58 hrs Surf.Area= 38,033 sf Storage= 54,972 cf Plug -Flow detention time= 196.2 min calculated for 1.637 of (63% of inflow) Center -of -Mass det. time= 96.4 min ( 905.3 - 808.9 ) Volume Invert Avail.Storage Storage Description #1 45.50' 92,592 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 45.50 31,167 0 0 46.00 35,589 16,689 16,689 47.00 37,937 36,763 53,452 48.00 40,342 39,140 92,592 Device Routing Invert Outlet Devices #1 Primary 45.50' 24.0" x 260.0' long Culvert Ke= 0.050 Outlet Invert= 44.25' S= 0.0048'P Cc= 0.900 n= 0.012 Concrete pipe, finished #2 Device 1 45.50' 3.7" Vert. Orifice/Grate C= 0.600 #3 Device 1 46.70' 4.00' x 4.00' Horiz. Orifice/Grate Limited to weir flow C= 0.600 #4 Secondary 47.10' 35.0' long x 10.0' breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 Primary OutFlow Max=10.29 cfs @ 12.58 hrs HW=47.04' (Free Discharge) t1=Culvert (Barrel Controls 10.29 cfs @ 5.5 fps) �2=Orifice/Grate (Passes < 0.42 cfs potential flow) 3=Orifice/Grate (Passes < 10.37 cfs potential flow) econdary OutFlow Max=0.00 cfs @ 0.00 hrs HW=45.50' (Free Discharge) =Broad -Crested Rectangular Weir ( Controls 0.00 cfs) HAPROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type /// 24-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 W Pond P1 DA1: Pond #1 Hydrograph Inflow Area=12.271 ac Peak Elev=47.04' Storage=54,972 cf 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Time (hours) Pond P1 DA1: Pond #1 Stage -Discharge Discharge (cfs) ® Inflow O Outflow ® Pnmary © Secondary O Total © Pnmary Secondary HAPROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type //I 24-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 Stage -Area -Storage for Pond P1 DA1: Pond #1 Elevation Surface Storage (feet) (sq-ft) (cubic -feet) 45.50 31,167 0 45.55 31,609 1,569 45.60 32,051 3,161 45.65 32,494 4,775 45.70 32,936 6,410 45.75 33,378 8,068 45.80 33,820 9.748 45.85 34,262 11.450 45.90 34,705 13,174 45.95 35,147 14,921 46.00 35,589 16,689 46.05 35,706 18,471 46.10 35,824 20,260 46.15 35,941 22,054 46.20 36,059 23,854 46.25 36,176 25,660 46.30 36,293 27,471 46.35 36,411 29,289 46.40 36,528 31.112 46.45 36,646 32.942 46.50 36,763 34,777 46.55 36,880 36,618 46.60 36,998 38,465 46.65 37,115 40,318 46.70 37,233 42,177 46.75 37,350 44,041 46.80 37,467 45,912 46.85 37,585 47,788 46.90 37,702 49,670 46.95 37,820 51,558 47.00 37,937 53,452 47.05 38,057 55,352 47.10 38,178 57,258 47.15 38,298 59,170 47.20 38,418 61,088 47.25 38,538 63,011 47.30 38,658 64,941 47.35 38,779 66,877 47.40 38,899 68,819 47.45 39,019 70,767 47.50 39,140 72,721 47.55 39,260 74,681 47.60 39,380 76,647 47.65 39,500 78,619 47.70 39,621 80,597 47.75 39,741 82,581 47.80 39,861 84,571 47.85 39,981 86,567 47.90 40,102 88,569 47.95 40,222 90,577 48.00 40,342 92,592 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. WET DETENTION BASIN CALCULATIONS Proiect Name: Calabash Town Center7 NKr No 07126 . r Contact Person: John Phillip Norns,`-'PE - -- --- Phone: (910) 343-9653 For projects with multiple basins, specify which basin this worksheet applies to: DA # 2 Description 1-year,24-hour rain event Drainage Area, DA = Pre-existing Impervious Area = Pre-existing Overall % Impervious, Ipr, _ Proposed Impervious Area = Post Development Pervious Area = Post Deveoplment Overall % Impervious, I,,t = Volume Within 0.5 mile & drain to SA waters? Design Rainfall Depth, D = Pre Devo!poment Runoff Volume factor, Rvpra = Pre -Development Runoff Volume, Vp.= Post Devolpoment Runoff Volume factor, Rvpp,t = Post Development Runoff Volume, Vppn Required Storage Volume = Permanent Pool Elevation Permanent Pool surface area State Temporary Pool Elevation State Temporary Pool Surface Area Provided Storage Volume = C value pre -developed C value post -developed Tc = Time of Concentration Depth @ Tc & 1-yr = d Intensity Peak, 1 YR= I Pre -development runoff rate (rational method) Post -development runoff rate (rational method) Qty Units Notes: ,3.62 inches from NOAA & project location 10.305 ac total to pond 3/24/2010 6.916!ac total BUA to pond 3.39 ac total proposed impervious to pond 67. 46.60 Calculations FIRST 1.5 INCH Rvpra = 0.05 + 0.0091pre Vprp = D/12 x Rvpr, x DA'43560 Rvpp,l = 0.05 + 0.009'Ipo , Vpp,r = D/12 x Rvpo,l x DA`43560 Post Dev. @ 1.5 inch Rainfall Depth ft sf ft sf OK! 8.24 cfs Qpre Cpre x I x DA 28.16 cfs Qpo,,=C,,r x I x DA H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWO POND#2 SIMPLE VOLUME 1-22- 10 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. d Volume (Above Normal Pool) I of Top of Pond I of State Stg Elevation I of Top of Veg Shelf Elevation I of Normal Pool of Pond Elevation Stg Elevation of Veg Shelf Elevation nal Pool Elevation me of Top of Pond to Normal Pool Elevation Main Pond Volume (Excluding Forebay) Area of Normal Pool Elevation Area of Bottom of Veg Shelf Elevation Area of Sediment Removal Elevation Normal Pool Elevation Bottom of Veg Shelf Elevation Sediment Removal Elevation Volume of Normal Pool Elevation to Sediement Removal Elevation Forebay #1 Volume (Excluding Main Pond) 40j039; sf ,..36636 sf 35`;212'; sf 30,697 sf 46.00 ft 45.50 ft 27,459 ft3 22-95T sf �19 6681 sf V46isf 45.50 ft 45.00 ft :' 39Ift v 98,898 ft3 Area of Normal Pool Elevation - .7;7401sf Area of Sediment Removal Elevation 3;843-jsf Normal Pool Elevation 45.50 ft Sediment Removal Elevation `41_ ft Forebay Volume - Normal Pool Elevation to Sediment Removal Elevation _ 1 26,062 ft3 LNb• QY) AKA- MEOW 059�0 ii4l- 0655 t1C- h(cQnikt Po�h>?!ti �AT�'15 V = i(226)512 1`1U4 )(45.5 '� -)] +C(t9tatr�Z 301 `n446)(g5-)] 3/24/2010 H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWO POND#2 SIMPLE VOLUME 1-22- 10 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. 3/24/2010 Average Depth & Required Surface Area Permanent Pool Area 3Q697 sf Permanent Volume 124,960 cf Average Depth 4.07 ft D = V/A Average Depth, Davg = 4.07 ft Rounded Avg Depth = _ 4'.001It SA/DA # from "Green Sheet' of Interpolated values for Coastal Region SA/DA at 67% Impervious w/ 4.00 It avg depth = _' S 7990% TSS removal, no filter strip Required Surface Area = 25,990 sf Provided Surface Area = 30,697 sf OKI Avg. Head = Drawdown Time = Internal Diameter = Internal Diameter = Drawdown Time = Internal Diameter = Internal Diameter = Avg Internal Diameter= Design Orifice Diameter = Design Drawdown rate Design Drawdown time Drawdown Calculations I 0.37 ft 2 days 0.30 ft 3.65 in 5 days 0.19 It 2.31 in 2.98 in 3[50i in 2 one third of flood stage 172,800 s 432,000 s OKI H,\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWQ POND#2 SIMPLE VOLUME 1-22- 10 HAPROJECTS\2007107128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type 111 24-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCADO 7 10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 Subcatchment DA2: Pre Runoff = 11.64 cfs @ 12.22 hrs, Volume= 1.132 af, Depth> 1.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 1-yr NCDENR Rainfall=3.62" Area (ac) CN Description 1.115 79 Woods, Fair, HSG D; Mu soil 9.190 73 Woods, Fair HSG C; Lo soil 10.305 74 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment DA2: Pre Hydrograph ® Runoff Type III 24-hr 1-yr NCDEN Rainfall=3.62rr Runoff Area=10.305 ac Runoff Volume=1.132 of 7- Runoff Depth>1.32rr 6: Tc=15:0 min CN=74 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Time (hours) H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type/1/ 24-hr 1-yrNCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCAD® 7.10 s/n 000479 @ 2005 HydroCAD Software Solutions LLC 3/24/2010 Subcatchment DA 2: Post Runoff = 23.81 cfs @ 12.20 hrs, Volume= 2.274 af, Depth> 2.65" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 1-yr NCDENR Rainfall=3.62" Area (ac) CN Descriotion 4.182 98 Multifamily Portion 2.734 98 Impervious Allottment Tracts remaining potion of 4 3.389 76 Woods/grass comb., Fair, HSG C 10.305 91 Weighted Average Tc Length Description 15.0 Direct Entry, Subcatchment DA 2: Post Hydrograph Type III 24-hr 1.-yr Rainfall=3.62" © RunoR - Runoff Area=10.305 ac 18_ Runoff Volume=2.274 of 18- Runoff Depth>2.65" 14 3 Tc=15.0 min u 12 C N=91 Time (hours) H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type //I 24-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCAD® 7.10 s/n 000479 @ 2005 HydroCAD Software Solutions LLC 3/24/2010 Pond P2 DA2: Pond #2 Inflow Area = 10.305 ac, Inflow Depth > 2.65" for 1-yr NCDENR event Inflow = 23.81 cfs @ 12.20 hrs, Volume= 2.274 of Outflow = 7.74 cfs @ 12.62 hrs, Volume= 1.393 af, Aften= 68%, Lag= 25.0 min Primary = 7.74 cfs @ 12.62 hrs, Volume= 1.393 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 46.91' @ 12.62 hrs Surf.Area= 37,386 sf Storage= 49,726 cf Plug -Flow detention time= 202.9 min calculated for 1.393 of (61% of inflow) Center -of -Mass det. time= 102.0 min ( 906.7 - 804.7 ) Volume Invert Avail.Storage Storage Description #1 45.50' 91,866 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 45.50 31,362 0 0 46.00 35,212 16,644 16,644 47.00 37,597 36,405 53,048 48.00 40,039 38,818 91,866 Device Routing Invert Outlet Devices #1 Primary 45.50' 24.0" x 230.0' long Culvert Ke= 0.050 Outlet Invert= 44.75' S= 0.0033 T Cc= 0.900 n= 0.012 Concrete pipe, finished #2 Device 1 45.50' 3.5" Vert. Orifice/Grate C= 0.600 #3 Device 1 46.60' 4.00' x 4.00' Horiz. Orifice/Grate Limited to weir flow C= 0.600 #4 Secondary 47.00' 25.0' long x 10.0' breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 MPrimary OutFlow Max=7.74 cfs @ 12.62 hrs HW=46.91' (Free Discharge) L1=Culvert (Barrel Controls 7.74 cfs @ 4.6 fps) t2=Orifice/Grate (Passes < 0.36 cfs potential flow) 3=Orifice/Grate (Passes < 9.09 cfs potential flow) econdary OutFlow Max=0.00 cfs @ 0.00 hrs HW=45.50' (Free Discharge) =Broad -Crested Rectangular Weir ( Controls 0.00 cfs) H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type 11124-hr 1-yrNCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. ui d c 0 q i 0 W Pond P2 DA2: Pond #2 Hydrograph 10 11 12 13 14 Time (hours) Pond P2 DA2: Pond #2 Stage -Discharge Discharge (cfs) ® Inflow Outflow p Primary O Secondary Total ® Primary © Secondary HAPROJECTS\2007107128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type /// 24-hr 1-yrNCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 Stage -Area -Storage for Pond P2 DA2: Pond #2 Elevation Surface Storage (feet) (sq-ft) (cubic -feet) 45.50 31,362 0 45.55 31,747 1,578 45.60 32,132 3,175 45.65 32.517 4,791 45.70 32,902 6,426 45.75 33,287 8,081 45.80 33,672 9,755 45.85 34,057 11,448 45.90 34,442 13,161 45.95 34,827 14,893 46.00 35,212 16,644 46.05 35,331 18,407 46.10 35,451 20,177 46.15 35,570 21,952 46.20 35,689 23,734 46.25 35,808 25,521 46.30 35,927 27,314 46.35 36,047 29,114 46.40 36,166 30,919 46.45 36,285 32,730 46.50 36,405 34,548 46.55 36,524 36,371 46.60 36,643 38,200 46.65 36,762 40,035 46.70 36,882 41,876 46.75 37.001 43,723 46.80 37,120 45,576 46.85 37,239 47,435 46.90 37,359 49,300 46.95 37,478 51,171 47.00 37,597 53,048 47.05 37;719 - -54931 _ - 47.10 37,841 56,820 47.15 37,963 58,715 47.20 38,085 60,616 47.25 38,208 62,524 47.30 38,330 64,437 47.35 38,452 66,357 47.40 38,574 68,282 47.45 38,696 70,214 47.50 38,818 72,152 47.55 38,940 74,096 47.60 39,062 76,046 47.65 39,184 78,002 47.70 39,306 79,964 47.75 39,429 81,933 47.80 39,551 83,907 47.85 39,673 85,888 47.90 39,795 87,874 47.95 39,917 89,867 48.00 40,039 91,866 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS. INC. 3/24/2010 WET DETENTION BASIN CALCULATIONS --__._ -.w-_ . ect Name: Ca-la,bash Town__C,ente_r_ 1NKT No 07:128 ;, tact Person: John Phdhp Noms-PE' ; _ _— i Phone: (910) 343-9653 projects with multiple basins, specify which basin this worksheet applies to: DA # 3 1-year,24-hour rain event Drainage Area, DA = Pre-existing Impervious Area = Pre-existing Overall % Impervious, Ipra = Proposed Impervious Area = Post Development Pervious Area = Post Deveoplment Overall % Impervious, Qty Units 3.62; inches 6i329! ac 0:000ac _ 1 56.01 Volume Within 0.5 mile & drain to SA waters? Design Rainfall Depth, D = Pre Devolpoment Runoff Volume factor, Rvpra = Pre -Development Runoff Volume, Vp,e Post Devolpoment Runoff Volume factor, Rv,,,t = Post Development Runoff Volume, Vpos,= Required Storage Volume = Permanent Pool Elevation Permanent Pool surface area State Temporary Pool Elevation State Temporary Pool Surface Area value pre -developed value post -developed Notes: from NOAA & project location total to pond total BUA to pond total proposed impervious to pond USE FIRST 1.5 INCH 1.50 in 18,295 46.50 Rvpre = 0.05 + 0.009*IPra Vp,a = D/12 x Rvpra x DA*43560 Rvp,,, = 0.05 + 0.009*Ip,, Vpa„ = D/12 x Rvpa„ x DA*43560 Post Dev. @ 1.5 inch Rainfall Depth ft sf ft sf OKI Peak Flow Calculations (Rational Method) Tc - Time of Concentration - - Depth @ Tc & 1-yr = d Intensity Peak, i YR= I Pre -development runoff rate (rational method) Post -development runoff rate (rational method 0.6 T15' min A.99;inches 5.06 15.04 Qpre CPra x I x DA Q,,,= C,,, x I x DA H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWQ POND#3 SIMPLE VOLUME 1-22- 10 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. Pond Volume (Abov_e Normal Pool) Area of Top of Pond_ Area of State Stg Elevation Area of Top of Veg Shelf Elevation Area of Normal Pool Top of Pond Elevation State Stg Elevation Top of Veg Shelf Elevation Normal Pool Elevation Volume of Top of Pond to Normal Pool Elevation Pond Volume (Excluding Forebay) of Normal Pool Elevation of Bottom of Veg Shelf Elevation of Sediment Removal Elevation al Pool Elevation m of Veg Shelf Elevation nent Removal Elevation ne of Normal Pool Elevation to Sediement Removal Elevation Day #1 Volume (Excluding Main Pond) 26;121j sf 22 944i sf 21;913 sf 18,295 sf 2481ft 46''5 ft 46.00 ft 45.50 ft 14,638 ft3 14,269'sf A,1;8401 sf 5670, sf 45.50 ft _ 45.00 ft 40; ft 50,302 ft3 of Normal Pool Elevation 4;026 sf of Sediment Removal Elevation 1;306sf at Pool Elevation 45.50 ft nent Removal Elevation 41 ft ray Volume - Normal Pool Elevation to Sediment Removal Elevation 11,997 ft3 - 22% Required) OKI Auk 640 Ate WTO 092i-RL 41 \tw4i'S �i(� y)�'IAL 1b S�Jlntb'GC� r'C'Y412��' �J`= l C1�42�9 + 11640)(46.45 q5)� 4. CEI��O +gb7o)E`f`-Lfo V _ 5'01301. rr3 3/24/2010 H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWQ POND#3 SIMPLE VOLUME 1-22- 10 NORRIS, KUSKE TUNSTALL CONSULTING ENGINEERS, INC. 3/24/2010 Average Depth & Required Surface Area Permanent Pool Area F 18,295 sf Permanent Volume 62,299 cf Average Depth 3.41 ft D = V/A Average Depth, Davg = 3.41 It Rounded Avg Depth = 3l50ft _ SA/DA It from "Green Sheef_' of Interpolated values for Coastal Region SA/DA at 56% Impervious w/ 3.50 ft avg depth = _' °5 60:90% TSS removal, no filter strip Required Surface Area = 15,438 sf Provided Surface Area = 18,295 sr OKI F- Drawdown Calculations I Avg. Head = Drawdown Time = Internal Diameter = Internal Diameter = Drawdown Time = Internal Diameter = Internal Diameter = Avg Internal Diameter Design Orifice Diameter = Design Drawdown rate Design Drawdown time 0.33 It 2 days 0.22 ft 2.70 in 5 days 0.14 ft 1.71 in 2.20 in in one third of flood stage 172,800 s 432,000 s OKI H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\Pond Calcs\07128 DWQ POND#3 SIMPLE VOLUME 1-22- 10 H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type 1/124-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCADO 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 Subcatchment DA3: Pre Runoff = 7.15 cfs @ 12.22 hrs, Volume= 0.695 af, Depth> 1.32" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 1-yr NCDENR Rainfall=3.62" Area (ac) CN Description 0.722 79 Woods, Fair, HSG D; Mu soil 5.607 73 Woods, Fair, HSG C; Lo soil 6.329 74 Weighted Average Tc Length Description 15.0 Direct Entry, Subcatchment DA3: Pre Hydrograph ® Runoff 7- Type III 24-hr 1-yr NCDENR Rainfall=3.62" 6- Runoff Area=6.329 ac 5- Runoff Volume=O.695 of b Runoff Depth>1.32" u 4 Tc=15.0 min 3_ CN=74 0 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 Time (hours) H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type 1/124-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. , A � en , 1nnnn 7n rF nnne u. Aa. nn i 1 r 179d19n9n Subcatchment DA 3: Post Runoff = 13.28 cfs @ 12.20 hrs, Volume= 1.251 af, Depth> 2.37" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Type III 24-hr 1-yr NCDENR Rainfall=3.62" Area (ac) CN Description 2.440 98 Multifamily Portion 1.104 98 Impervious Allottment Tract 5 2.786 76 Woods/grass comb., Fair, HSG C 6.330 88 Weighted Average Tc Length Slope Velocity Capacity Description 15.0 Direct Entry, Subcatchment DA 3: Post Hydrograph © Runoff 14- 1J.2B de 13- Type III 24-hr 1-yr NCDENR 12- Rainfall=3.62" 11Runoff Area=6.330 ac °` Runoff Volume=1.251 of 9- U a -Runoff Depth>2.37" 0 7 Tc=15.0 min LL _6 - C N.=88 5- 4- 3, 2- 1- 0 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 16 19 20 21 22 23 24 Time (hours) r H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type 111 24-hr 1-yr NCDENR Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HvdroCADO 7.10 sln 000479 @ 2005 HvdroCAD Software Solutions LLC Rainfall=3.62" --- Pond P3 DA3: Pond #3 Inflow Area = 6.330 ac, Inflow Depth > 2.37" for 1-yr NCDENR event Inflow = 13.28 cfs @ 12.20 hrs, Volume= 1.251 of Outflow = 5.03 cfs @ 12.58 hrs, Volume= 0.758 af, Atten= 62%, Lag= 22.8 min Primary = 5.03 cfs @ 12.58 hrs, Volume= 0.758 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 46.71' @ 12.58 hrs Surf.Area= 23,382 sf Storage= 26,145 cf Plug -Flow detention time= 198.7 min calculated for 0.758 of (61 % of inflow) Center -of -Mass det. time= 96.0 min ( 912.7 - 816.7 ) Volume Invert Avail.Storage Storage Description #1 45.50' 58,129 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 45.50 18,580 0 0 46.00 21,913 10,123 10,123 47.00 23,989 22,951 33,074 48.00 26,121 25,055 58,129 Device Routing Invert Outlet Devices #1 Primary 45.50' 24.0" x 210.0' long Culvert Ke= 0.050 Outlet Invert= 45.00' S= 0.0024 T Cc= 0.900 n= 0.012 Concrete pipe, finished #2 Device 1 45.50' 2.5" Vert. Orifice/Grate C= 0.600 #3 Device 1 46.50' 4.00' x 4.00' Horiz. Orifice/Grate Limited to weir flow C= 0.600 #4 Secondary 47.00' 25.0' long x 10.0' breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 MPrimary OutFlow Max=5.11 cfs @ 12.58 hrs HW=46.71' (Free Discharge) t 1=Culvert (Passes 5.11 cfs of 5.32 cfs potential flow) �2=Orifice/Grate (Orifice Controls 0.17 cfs @ 5.1 fps) 3=Orifice/Grate (Weir Controls 4.94 cfs @ 1.5 fps) Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=45.50' (Free Discharge) t -4=Broad-Crested Rectangular Weir ( Controls 0.00 cfs) HAPROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type 11124-hr 1-yrNCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HvdfoCADO 7.10 s/n 000479 © 2005 HvdroCAD Software Solutions LLC 3/24/2010 Pond P3 DA3: Pond #3 Inflow Area=6.330 Peak Elev=46.71' Storage=26,145 cf 0 1 2 3 4 n 19 20 21 22 23 24 Time (hours) Pond P3 DA3: Pond #3 Stage -Discharge Discharge (cfs) IN Inflow rJ outflow ® Primary (7 Secondary 0 Total ® Primary O Secondary ;^.. HAPROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type /// 24-hr 1-yr NCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCADO 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 Stage -Area -Storage for Pond P3 DA3: Pond #3 Elevation Surface Storage (feet) (sq-ft) (cubic -feet) 45.50 18,580 0 45.55 18,913 937 45.60 19,247 1,891 45.65 19,580 2,862 45.70 19,913 3,849 45.75 20,247 4,853 45.80 20,580 5,874 45.85 20,913 6,911 45.90 21,246 7,965 45.95 21,580 9,036 46.00 21,913 10,123 46.05 22,017 11,221 46.10 22,121 12,325 46.15 22,224 13,434 46.20 22,328 14,547 46.25 22,432 15,666 46.30 22,536 16,791 46.35 22,640 17,920 46.40 22,743 19,055 46.45 22,847 20,194 46.50 22,951 21,339 46.55 23,055 22,489 46.60 23,159 23,645 46.65 23,262 24,805 46.70 23,366 25,971 46.75 23,470 27,142 46.80 23,574 28,318 46.85 23,678 29,499 46.90 23,781 30,686 46.95 23,885 31,877 47.00 23,989 33,074 -------47:05 -24;096--- --34;276 -- _ 47.10 24,202 35,484 47.15 24,309 36,697 47.20 24.415 37,915 47.25 24,522 39,138 47.30 24,629 40,367 47.35 24,735 41,601 47.40 24,842 42,840 47.45 24,948 44,085 47.50 25,055 45,335 47.55 25,162 46,591 47.60 25,268 47,851 47.65 25,375 49,117 47.70 25,481 50,389 47.75 25,588 51,666 47.80 25,695 52,948 47.85 25,801 54,235 47.90 25,908 55,528 47.95 26,014 56,826 48.00 26,121 58,129 y� H:\PROJECTS\2007107128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type 111 24-hr 1-yrNCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. UJ,A-JAr 74n-f-nnn-^---.. . -. -- _ Pond P1 DA1: Pond #1 Inflow Area = 12.271 ac, Inflow Depth > 2.55" for 1-yr NCDENR event Inflow = 27.50 cfs @ 12.20 hrs, Volume= 2.611 of Outflow = 10.28 cfs @ 12.58 hrs, Volume= . 1.637 af, Atten= 63%, Lag= 22.8 min Primary = 10.28 cfs @ 12.58 hrs, Volume= 1.637 of Secondary = 0.00 cfs @ . 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 47.04' @ 12.58 hrs Surf.Area= 38,033 sf Storage= 54,972 cf Plug -Flow detention time= 196.2 min calculated for 1.637 of (63% of inflow) Center -of -Mass det. time= 96.4 min ( 905.3 - ""n.9 Volume Invert Avail.Storage Storage Description #1 45.50' 92,592 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation 'Surf.Area Inc.Store Cum.Store Tfv- (feet) d 45.50 (sq-ft) (cubic -feet) (cubic -feet) 47 0 0 t X 3(a7(o3 41OF?� � 31,167 P)° FTE ..7 46.00 35,589 L� -4676" *,.689-- U L 4-6 +T5g03 47.00 37,937 36,763 53,454 "3(0T(03 48.00 40,342 _ 4325 39,140 92,59E 75RO3 �l _ 'ga(40; 47. 19 Device Routing Invert Outlet Devices #1 Primary 45.50 24.0 x 260.0' long Culvert Ke= 0.050 Outlet Invert= 44.25' S= 0.0048 T Cc= 0.900 n= 0.012 Concrete pipe, finished #2 Device 1 45.50' 3.7" Vert. Orifice/Grate C= 0.600 #3 Device 1 46.70' 4.00' x 4.00' Horiz. Orifice/Grate Limited to weir flow C= 0.600 - #4 Secondary 47.10' 35.0' long x 10.0' breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 MPrimary OutFlow Max=10.29 cfs @ 12.58 hrs HW=47.04' (Free Discharge) t-1=Culvert (Barrel Controls 10.29 cfs @ 5.5 fps) �2=Orifice/Grate (Passes < 0.42 cfs potential flow) 3=Orifice/Grate (Passes < 10.37 cfs potential flow) Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=45.50' (Free Discharge) t-4=Broad-Crested Rectangular Weir ( Controls 0.00 cfs) N Q,t,,,1f)C = 47,W" H:\PROJECTS12007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type H/ 24-hr 1-yr NCDENR Rainfall=3.62" by Norris, Kuske, & Tunstall Consulting Engineers, Inc. Pond P2 DA2: Pond #2 Inflow Area = 10.305 ac, Inflow Depth > 2.65" for 1-yr NCDENR event Inflow = 23.81 cfs @ 12.20 hrs, Volume= 2.274 of Outflow = 7.74 cfs @ 12.62 hrs, Volume= 1.393 af, Atten= 68%, Lag= 25.0 min Primary = 7.74 cfs @ 12.62 hrs, Volume= 1.393 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 46.91' @ 12.62 hrs Surf.Area= 37,386 sf Storage="49,726 cf ,;.,;Plug -Flow detention time=,202.9 min calculated for 1.393 af.(61% of inflow) Center -of -Mass def. time= 102.0 min ( 906.7-:804.7) ' Volume Invert Avai;.Storage Storage Description _ ti #1 45.50' 91,866 cf Custom Stage Data (Prismatic) Listed below (Recalc) Tint' = _WW00 Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 3(P4 5 45.50 fvewPJ--7 46.00 31,362 35,212 0 16,6440 0 46;64q 0 [47 X % 7O0 47.00 37,597 36,405 13-,94e36405 46 .15cZ23 48.00 40,039 38,818 866- 947'75223 %/ c 2"'," f$ - Device Routing Invert Outlet Devices I :.008 X = 47.01 #1 Primary 45.50' 24.0" x 230.0' long Culvert Ke= 0.050 Outlet Invert= 44.75' S= 0.0033 T Cc = 0.900 n= 0.012 Concrete pipe, finished #2 Device 1 45.50' 3.5" Vert. Orifice/Grate C= 0.600 #3 Device 1 46.60' 4.00' x 4.00' Horiz. Orifice/Grate Limited to weir flow C= 0.600 #4 Secondary 47.00' 25.0' long x 10.0' breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 PrimaryOutFlow Max=7.74 cfs @ 12.62 hrs HW=46.91' (Free Discharge) t-1=Culvert (Barrel Controls 7.74 cfs @ 4.6 fps) �2=Orifice/Grate (Passes < 0.36 cfs potential flow) 3=Orifice/Grate (Passes < 9.09 cfs potential flow) Secondary OutFlow, Max=0.00 cfs @ 0.00 hrs HW=45.50' (Free Discharge) t-4=Broad-Crested Rectangular Weir ( Controls 0.00 cfs) 1V ew rnC = 1701 Tod, H:\PROJECTS\2007\07128 - Calabash Town Center\Calculations\HydroCadd\ Calabash Town Center 01-25-10 Type ///24-hr 1-yrNCDENR Rainfall=3.62" Prepared by Norris, Kuske, & Tunstall Consulting Engineers, Inc. HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 3/24/2010 Pond P3 DA3: Pond #3 Inflow Area = 6.330 ac, Inflow Depth > 2.37" for 1-yr NCDENR event Inflow = 13.28 cfs @ 12.20 hrs, Volume= 1.251 of Outflow = 5.03 cfs @ 12.58 hrs, Volume= 0.758 af, Atten= 62%, Lag= 22.8 min Primary = 5.03 cfs @ 12.58 hrs, Volume= 0.758 of Secondary = 0.00 cfs @ 0.00 hrs, Volume=. 0.000 of Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.01 hrs Peak Elev= 46.71' @ 12.58 hrs Surf.Area= 23,382 sf Storage= 26,145 cf Plug -Flow detention time= 498:7 min calculated for 0.758'af (61%of inflow)' Center -of -mass det :tune= 96.0 min ( 912.7 - 816.7) Volume Invert Avail.Stora a Storage Description #1 45.50' 58,129 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store -rw :- i9cA3 (feet) (sq-ft) (cubic -feet) (cubic feet) 4& O 45.50 18,580 0 0 `} 19og3 NewIFL--7.46.00 21,913 $0-133O 47 22�J51 47.00 23,989 22,951 33$y4 ZO2451 19� 48.00 26,121 25,055 49-1-29 4800& - 22a51 Device Routing Invert Outlet Devices 93 X' 4(°'83 #1 Primary 45.50' 24.0" x 210.0' long Culvert Ke= 0.050 Outlet Invert= 45.00' S= 0.0024 'P - Cc= 0.900 ' n= 0.012 Concrete pipe, finished #2 Device 1 45.50' 2.5" Vert. Orifice/Grate C= 0.600 #3 Device 1 46.50' 4.00' x 4.00' Horiz. Orifice/Grate Limited to weir flow C= 0.600 #4 Secondary 47.00' 25.0' long x 10.0' breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.49 2.56 2.70 2.69 2.68 2.69 2.67 2.64 Primary OutFlow Max=5.11 cfs @ 12.58 hrs HW=46.71' (Free Discharge) t-1=Culvert (Passes 5.11 cfs of 5.32 cfs potential flow) �2=Orifice/Grate (Orifice Controls 0.17 cfs @ 5.1 fps) 3=Orifice/Grate (Weir Controls 4.94 cfs @ 1.5 fps) Secondary OutFlow Max=0.00 cfs-@ 0.00 hrs HW=45.50' (Free Discharge) t-4=Broad-Crested Rectangular Weir ( Controls 0.00 cfs) lVzw 7PE = 46v. 93 Tc o� 3�k 4f$. v From: Lewis, Linda Sent: Tuesday, March 23, 2010 3:32 PM To: 'Amy' Cc: Norris, Phil Subject: Calabash Town Center SW8 080622 Attachments: 080622 mod. mar10. pdf Amy / Phil: Attached are my review comments for the subject project. Linda * NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2010 James B. Myers, III, Managing Member Shallotte Partners, LLC PO Box 240351 Charlotte, NC 28225 Subject: Request for Additional Information Stormwater Project No. SW8 080622 MOD Calabash Town Center Brunswick County Dear Mr. Myers: The Wilmington Regional Office received a modified State Stormwater Management Permit Application for Calabash Town Center on February 5, 2010. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide and show all necessary easements on your property for the existing property line ditches. The ditches appear to be the historic drainage outlet for this project, so their continued use as your drainage outlet for the proposed project should not be denied by either of the adjacent property owners. 2. Please correct the receiving stream name on the application. The original project was issued a permit with Shingletree Swamp identified as the receiving stream, however, the elevations of the perimeter ditches and the inverts of the pipe under Olde Georgetown Road indicate that runoff will drain to a UT of the Calabash River. Fortunately, the project is located just beyond the 1/2 mile limit from the SA classified mainstem of the Calabash River, so there is no change in the design requirements. 3. The O&M signature pages 4 of 4 indicate that all of them apply to Pond #1. 1 have crossed out the incorrect numbers and added the correct Pond # to the appropriate document. 4. There is a slight BUA addition error for DA -3. The correct total BUA should be 154,403 based on the individual BUA numbers listed. 5. The HydroCAD stage -storage calculations show a permanent pool surface area for Pond 1 of 31,801 square feet. However the supplement for Pond 1 reports 31,167 square feet and the rest of the calculations use 31,167. 6. Please confirm that the permanent pool volume reported on the supplements is the sum of the "main pond volume" and the "provided forebay volume" as listed in the calculations. Nowhere in the calculations is the method for determining the permanent pool volume noted. Wilmington Regional Office 127 Cardinal Onve Extension, Wilmington, North Carolina 28405 One 1 Phone: 910-796-72151 FAX: 910-350-20041 Customer service: 1-877-623-6748 Nord t, l Carolina Internet .ncwateiqualily.org Airy F�N�//� An Equal OpportunityY-/� \ Afirmahve Action Employer a ` `( Mr. Myers March 23, 2010 Stormwater Application No. SW8 080622 Mod. 7. The mulched walking paths are considered as built -upon area and must be included in the drainage area of a pond. 8. Please note on the pond detail sheets C26 and C27 that the contour layout and lengths shown are to be provided at the permanent pool elevation. If the contour information shown on those detail sheets is not referring to the permanent pool contour, please label the correct elevation reference for that contour. 9. Please correct the temporary pool elevation in the section detail for Pond 3 on sheet C27 from 46.4 to 46.5. 10. There are 2 different top elevations shown in the outlet structure detail for Pond 3. One elevation says Top 46.5 and below that is another elevation that just says 46.75. Please note that a revision to one number may have a domino effect on other numbers, which may require revision of the applications, calculations, supplements, plans, details, and associated documentation. Please verify all numbers are correct to ensure consistency in the application documents. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to April 23, 2010, 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, email 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 Division is allowed 90 days from the receipt of a completed application to issue the permit. 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. 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 (910) 796-7215 or email me at Iinda.lewis(&ncdenr.00v. Sincerely, Linda Lewis Environmental Engineer III GDS/arl: S:\wqs\stormwater\addinfo\2010\080622mod.mar10 CC: Phil Norris, P.E., Norris, Kuske and Tunstall Linda Lewis Page 2 of 2 f1c 49 7 64 Cl�) — 52 -25 �c VURS c 17 em so f t- a 2 A �A -I Sunset -L 7j N -Evil ,,TAL IN -PAC M Boat Kamp na at �2 750 000 F 724 725 (LITTLE RIVER) 726 5257 ISE SCALE 1:24 000 5 a KILOMETERS 1 2 1000 u METERS 1000 2000 .5 0 1 MILES 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET CONTOUR INTERVAL 5 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST �NC QUADRANGLE LOCATION North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. 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Secretary of State Home ecretary of State Site Map Printable Page Date: 3/17/2010 here to: Document Filings I Sign Up for E-Notifications I rint apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Names Name Name Type NC INTEGRATED PROPERTIES, LLC Legal i Liability Company Information SOSID: 0504755 Status: Current -Active Date Formed: 9/1/1999 Citizenship: Domestic State of Inc.: NO Duration: DEC 2050 :red Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Robert N Burris 6857 Fairview Road Suite 100 Charlotte NC 28210 6857 Fairview Road Suite 100 Charlotte NC 28210 529 Hebron Road Charlotte NC 28273 PO Box 240351 Charlotte NC 28224 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4847115 3/17/2010 NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC. February 3, 2010 Ms. Jo Casmer NC DENR / Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S.Tunstall, P.E. J.A. Kuske, P.E. of Counsel FZ4,CEIVED FEB 0 5 20M F3Y: Re: State Stormwater Permit Submittal — Modification SW8 080622 Calabash Town Center Calabash, NC NKT Project No. 07128 Dear Ms. Casmer: Enclosed are two (2) sets of plans for the above referenced project, two (2) drainage area plans, one (1) set of calculations, one (1) copy of the stormwater narrative, one (1) USGS map, one (1) copy of the soils / infiltration system report, one(1) copy of the deed, one (1) copy of the Articles of Organization, one (1) copy of the Declaration of Covenants and Restrictions, the original Division of Water Quality Stormwater Management Permit application, three (3) original SW-401 Wet Detention Basin Supplement forms, three (3) original Wet Detention Basin Operation and Maintenance Agreements and a $505.00 check for the permit review fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. K. JKB/neh Manager 07128 02-03-10-s-sw-Itr Enclosures cc: Mr. Jim Myers / Shallotte Partners, LLC 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 V-,r SCANNED LG LAND MANAGEMENT GROUPINC. Environmental Consultants v May 28, 2008 Jody Bland Norris, Kuske & Tunstall 902 Market Street Wilmington, NC 28401 FE6 p5 �p\0 . RECEIVED JUN 0 4 2008 Reference: Stormwater Infiltration Study at Clariday Rd. & Old Georgetown Rd. in Calabash, Brunswick County, NC Dear Jody, Recently Land Management Group, Inc. had the pleasure of evaluating the above mentioned parcel. The purpose of the evaluation was to describe the soil profile and quantify the depth to the seasonal high water table at selected locations. I offer the following comments. The soils at this site are mapped as Murville and Leon soil series in the Soil Survey of Brunswick County (USDA, 1986). An investigation of the site confirms the presence of Murville and Leon soils as described in the attachments. Boring #1 appears to be Leon soil series and has ctm:ated se--! high water table that at is :easy 18" from the soil sur.acc. Born.gs #2 appear to be the Murville soil series and have an estimated seasonal high water table of approximately 12" from the soil surface. Please do not hesitate to contact me if you have any questions with this report. I may be reached at 910-452-0001 or at kevers@lm-roup.net Sincerely, X� Kurt Evers Environmental Scientist RECENT FEB 0 5 2010 BY: www.lmgroup.net C into@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 a P.O. Box 2522, Wilmington, NC 28402 lJ Profile Boring 1, Linear side slope, 0-2% slope. A 0-6" Sand, or, vfr, ns, np, 1 OYR 4/1 E 6-18" Sand, single grained, vfr, ns, up, IOYR 7/1 Bh 1 18-24" Sand, massive, fr, weakly cemented, ns, up, 10YR 3/2 E' 24-32" Sand, single grained, fir, ns, np, 1 OYR 4/2 Bh2 32-60" Sand, massive, weakly cemented, ns, up, 1 OYR 2/1 Estimated seasonal hieh water table: 18" Boring 2, Linear side slope, 0-2% slope. A 0-10" Mucky fine sand, gr, vfr, 5YR 2/1 Bhl 10-36" Fine sand, massive, vfr, coated sand grains, 5YR 2/1 Bh2 36-60" Fine sand, massive, vfr, coated sand grains, 5YR 3/2 Estimated seasonal high water table: <12" Boring 3, Linear side slope, 0-2% slope. A 0-12" Mucky fine sand, gr, vfr, 5YR 2/1 Bhl 12-42" Fine sand, massive, vfr, coated sand grains, 5YR 2/1 B112 42-60" Fine sand, massive, vfr, coated sand grains, 5YR 3/2 Estimated seasonal hieh water table: <12" t. Vf W'� °?Q vEn✓ v Y J` ^9 q. 1b+'+� • M1u�• r�1f�5 h 1 .-I STORMWATER SYSTEM NARRATIVE CALABASH TOWN CENTER CALABASH, NORTH CAROLINA For Shallotte Partners, LLC P.O. Box 240351 Charlotte, NC 28224, (704)365-2600 CA 11966 Co tiGINS.-* QQ� January 2010 Prepared by: RECEIVED FEB 0 5 2010 BY: NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910)343-9653 (910) 343-9604 (Fax) NKT Project No. 07128 NARRATIVE DESCRIPTION: The project site is a 35 +/- acre tract located in Calabash, Brunswick County. The soils of the site consist of lightly vegetated - moderately wooded - sandy - topsoil and grades ranging from 0% to 2%. Approximately 32 acres will be graded to allow construction of a new service road and sales center with paved parking and paved access. The runoff from the site is estimated using the Rational Method at the 10-year design storm and rainfall data for the area. Construction is scheduled to begin as soon as all permits and approvals are obtained. The project consists of a two phase development which will encompass both commercial and residential projects. Approximately 32 acres will be disturbed and 18.20 acres (56.88%) will be covered by impervious surfaces. EROSION CONTROL MEASURES: The attached plans and specifications outline the requirements for erosion control measures. Silt fencing will be provided along each side of the entrance drive where stormwater would be expected to sheet flow from disturbed areas directly to adjacent property. Gravel check dams will not be provided unless the Contractor has to temporarily discharge into an open ditch instead of the proposed storm drain outfall. The detention pond areas will be used as a silt basin during construction and restored to its design contours prior to completion. A gravel construction entrance will be constructed along both Clariday and Old Georgetown Road entrances. Maintenance will be provided by the grading contractor and developer. STORMWATER MANAGEMENT MEASURES: The project site is located in Brunswick County. Land disturbing on the site will exceed one acre, which requires the site to comply with the both the State and Local Regulations. The stormwater runoff from the development will be directed to one of three stormwater detention ponds. The stormwater detention ponds were designed to accommodate this site at 67-56% impervious area site coverage dependent upon drainage area. CONSTRUCTION SEQUENCE: The Contractor will install the gravel construction entrance and silt fence prior to beginning any clearing and grading operations. Additional silt fence will be installed when and if conditions warrant during construction. The detention pond/silt basin will be constructed immediately after that portion of the site is cleared, and outlet structure with protection will be installed. Disturbed areas will be landscaped or seeded upon completion. N "a7/ZY" SOS1D: 0856715 Date Filed: 7/17/2006 10:33:00 AM NC. SEC. OF STATE 919 807 2039 07/03 ' 06 08: Elaine F. Marshall North Carolina Secretary of State C200600600168 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. The name of the limited liability company is: shallotta Partners, LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (if no date for dissolution is specffied, there shell be no Await on the duration of the Qmlted liability company.) 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organizaton in the capacity of a member, organizer or both). OAMt( Qr.,ne44- Cor•yn. '.Ze 6406 19?4L , 0i:�k Sc✓ n 4. The street address and county of the initial registered office of the limited liability company Is: b yob 6Pac � Or ., Sit/ Number and Street City, State, Tip Code 000aa isia Beach, NC 28469 County Scunm ick S. The mailing address if different from the street address, of the initial registered office is: 6. The name of the initial registered agent is: Dan i p 1 Q etl a e I T 7. Principal office information: (Select either a orb.) a. Cx�j The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street rr<mbar one causeway City, State, Zip Code 0--an z.10 Beach, xc 2e469 County Hx a &*=k The mailing address lFoRferent from fhe street address, of the principal office of the corporation is: b. The limited liability company does not have a principal office. ,wooee i.mo FEB 0 5 2010 Rcdcbcz(1, 6' �39OJ99G3���: Wd6�:4 :90-_�-C NC SEC OF STATE 919 807 2039 8. Check on of the following: 07/03 '06 08:02 No.358 04/04 x (0 Mernbemnanaged LLC: all members by virtue of their status as members shall be managers of this limited liability company. (d). Afarrsgar-managed UC: except as provided by N.C_G-S. Section 57C.3- 20(a), the members of this limited liability company shad not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing, unless a date and/or time is specified: March 4. Zoos This is the sot day of December 20 os 8ha13-o Partners, LLC sAit atum ff f 1 QrA �r�nl T"' Qf 4, eL t^ type or Print tYame and 7-1ho NOTES: 1 . Filing fee is 5125. Thin document revel be filed with the secretary of state. CORPORATIONS DIVISION (Re"Sed January 2002) P.O. BOX 29622 RALEIGH, NO 27628.0622 (Form L-Pf) LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: SHALLOTTE PARTNERS,LLC FISCAL YEAR ENDING: 12 / 31 / 0 7 SECRETARY OF STATE R.L.L.P. ID NUMBER: 08%715 NATURE OF BUSINESS: Real Estate REGISTERED AGENT: Robert N. Burris REGISTERED OFFICE MAILING ADDRESS: 6857 Fairview Road Charlotte, NC 28210 REGISTERED OFFICE STREET ADDRESS: 6857 Fairview Road Charlotte, NC 2B210 SIGNATURE OF THE NEW REGISTERED AGENT: PRINCIPAL OFFICE TELEPHONE NUMBER: PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: MANAGERS/M EMBERS/OR GAN I ZERS 704-365-2600 PO Box 240038 Charlotte, NC 28224 SOSID: 0856715 Date Filed: 7/17/2008 9:47:00 AM Elaine F. Marshall North Carolina Secretary of State C200819900170 STATE OF INCORPORATION: NC FEDERAL EMPLOYER ID NUMBER: 202436095 /"- /�/Z, a � SIGNATURE CONSTFIFUTES CONSENT TO THE APPOINTMENT 11024 Nations Ford Road Pineville, NC 28134 Name: Integrated Properties, LLC Name: Name: Title: i`l ber/Manager Title: Tole: Address: PO BOX 2400.3E Address: Address: Charlotte, City: City: City: State: NC ZIP: 28224 State: ZIP: State: ZIP: MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES �n C/ t 6 •`Od BYAM IAGER/MEMBER DATE 6 MANAGING MEMBER Integrated Properties LLC —r" / TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: S200 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 Tei231 w-zr-ov Page I of I n�Ki#o712 F1 Iil II ll lit I I Brwnswick County. NC ;As NCrRE�FN E S 411 1gL1100B-r0 Of R_T___ .__'t . CASH REF^ NORTH CAL.6?�A �� (/; /,`j GENERAL WARRANTY DEED L �S` �I LIM Excise Tax: $�� 000. ca Parcel Identifier No. 2410000114 MaillBox to: LILES S GODBEY, P.C., 6406 BEACH DRIVE SW, OCEAN ISLE BEACH, NC 2846 This instrument was prepared by. Liles & Godbey, P.C. Brief description for the Index: 34.97 acres THIS DEED made this ___.day of 2006, by and between GRANTOR I GRANTEE ODELLVNLN and wife, VIRGINIA A. WVk , IN The design 'a�n�iirr t�r ' nd Cram" s us6dherc6in shall inefuffi said parties, their heirs, success ass a d h it ' i�tid s:ng��+lar, , 1, asculi , feminine or neuter as required by WIT�NSS-TH,tf rant3[;s re i ,d b these presents CiCrT�mile;a�§9t�b unto Jr�6 L) an his heirs and a igi5 s��Ir,n and interest of the said Grantor i cent Wh t-dr parcel of land situated in BMrrs ipr�.r ar more particularly des follows: �l SEE EXHIBIT'A' 4/ Zf RECEIVED FEB 0 5 2010 htti):Hrodinfo.brunsco.net/i)ushimajze.ntk?s=ilrQm' FK9dpKA/IbJgQism9k7rPkJ... 10/12/2007 Page I of I &Z: INIIIIIIIIIIIIIIIN TO HAVE AND TO ht O.v aforesaid tract or Grantee(s) and his heirs aFr;,�`srslgns, f rd 1 anyone claiming by, through "-war-t e* The d si io GIB to Gr nt a a� used�h�reinlndude said parties, their heirs, suo�so�s, d ° s�n , �ndrs a4�n�e singular, plural, masgplj -,)! `,� �r-.G� IN 'dTNE58' EREOF, the Grantor /hae tgsina as of the day and year First f t(,c^EAi_} Odell 001liarnson • EAI_) Vi inia A. Williamson Carolina County I, 11CC<i certify that Odell Will acknowledged the due hand and official seal, I My obrnmi�'si n http://rodinfo.brunsco.netlpushimage.ntk?s=jIrQm3 n9 WBaOi FK9dr)KNfbJciOism9k7rPkJ... 10/12/2007 Page 1 of I BEING 4 Prepared For Sh,4 the rksw cF "0 41 is h re y:a iorlt IaF l 9ll llll C_l tIl�l �C R.ILls a s, , Brweyi tk CountY, NC Re a r 4_Is er v —peaq= Ca 1� Exhib'tA— 8 s.lL� .vgJkit rr JP�1 ,rJ attlrecorded in the Office Fs to iblarGE:abenet 36 at Page 3, refeivnec to whi4 of �1 F11 1 : V j http://rodinfo.brunsco.net/pushimage.ntk?s=jlrQm3 n9 WBaQj FK9dpKiMbJgQjsm9k7rPkJ... 10/ 12/2007 LPW NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor December 14, 2009 Anthony Feilback Thistle Golf Club Limited Partnership Thistle Downs Limited Partnership 1815 Olde Thistle Club Road Sunset Beach, NC 28468 Division of Water Quality Coleen H. Sullins Director Subject: Calabash Town Center Stormwater Project No. SW8 080622 Brunswick County Dear Mr. Feilback: Dee Freeman Secretary The Wilmington Regional Office (WiRO) of the Division of Water Quality (DWQ), received your 8 December 2009 letter that outlined your concerns regarding the permitted development of Calabash Town Center, located at NC 179 and Olde Georgetown Road near Calabash, NC. We understand and appreciate the issues you have brought to our attention for this permit modification. Therefore DWQ is providing the following answers to address each of your concerns. 1. Concern: Incorrect water classification on the permit application. Answer: After looking at the USGS topographic map for Calabash, it does appear that the runoff will ultimately drain via the existing ditch, into the pipe under Olde Georgetown Road and into an unnamed tributary (UT) of the Calabash River. However, the project is located more than Y2 mile from the SA classified mainstem of the Calabash River, therefore, it is not subject to the SA design criteria and the current permit is valid. The existing permit will be amended to reflect that the correct receiving stream is the Calabash River. 2. Concern: Width of drainage easement should be enlarged to accommodate proper maintenance from the discharge swale. . Answer: The Division has no statute or rule that mandates a minimum drainage easement width. That will be a local government requirement through the Town of Calabash. DWQ jurisdiction is limited to requiring all Best Management Practices, pipes and swales associated with the permitted stormwater system to be located within an access and drainage easement, but not within a certain width of easement. However, common sense dictates that if a 10' wide swale were proposed to be located within a 5' wide easement, the DWQ reviewer would certainly point that out to the consultant and subsequently require a wider easement to adequately accommodate the swale. 3. Concern: Location of stormwater ponds should be outside and set back from the drainage easement. Answer: The Division has no statute or rule that mandates how close a pond can be located to an existing or proposed drainage easement. If access to the pond is not available from the common areas or public right-of-way, then an access/ drainage easement is needed for thde pond. The Division cannot require compliance with the local government building code before Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 Internet: viww.ncwaterquality.org One NorthCara ljna Natmill An Equal OpportunityI Atfrmative Action Employer Mr. Feilback December 14, 2009 SW8 080622 issuing a stormwater permit. Plans approved by DWQ need only comply with the State stormwater rules. If the Calabash Building Code requirements result in a change to the approved stormwater plan, then a modification or a plan revision will need to be submitted to the Division of Water Quality that documents those changes. 4. Concern: Verification of drainage easement between Shallotte Partners & Fore Christ Ministries. Answer: DWQ has discussed this issue with the Town of Calabash. There is a potential problem with a portion of this project's drainage system being located on the adjacent Fore Christ Ministries property without an easement in place. The discussion was about the fact that should Fore Christ Ministries develop the property and either pipe, move or otherwise alter that drainage, they will need to account for the existing drainage, including the Calabash Town Center and make provision for it. They could not simply shut down the ditch without providing for the existing drainage. Before a permit modification is issued by DWQ, either an easement will need to be shown on the plans, or some other solution will need to be in place to guarantee the availability of that ditch to take in Calabash Town Center's pond discharge. 5. Concern: Verify and insure that the land mass represented is the same as in existing permit. Answer: Based on DWQ's review, the property boundary shown on 18 September 2008 approved stormwater plans corresponds to your Exhibit "C". Exhibit "D" appears to show only the currently permitted outparcel lots and a large blank space behind the lots. Both the lots and the large blank space are covered by the current permit. Once the permit modification is submitted, DWQ will make sure that no property has been added or dropped from the permit boundary, aside from minor survey adjustments. All of the property covered by the permit must be accounted for in any subsequent modification. If a portion of the permitted project has been sold, the new owner must submit an application and receive their own permit and the current permittee has to modify their permit to reflect that change. Any increases or decreases in project area, or changes to the project boundary, will require a permit modification. On a different matter, the Division received a name/ownership change form for The Thistle, permit number SW8 980820 on 2 September 2005. This change form named Walter J. Mackey, Jr., President of Thistle Golf Club Limited Partnership, as the new permittee. At this point in time we have been unable to transfer the permit because several DWQ requests for documentation went unanswered. As a result, the current owners of The Thistle are operating without a valid permit. In order to facilitate the transfer of this permit, please submit the following information to the Division: 1. A copy of the recorded deed restrictions for the 57 lots permitted under SW8 980820. 2. Signed O&M agreements for the operation and maintenance of the 2 wet detention ponds (enclosed), or submit a revised Name/Ownership change form, attached, signed in all the appropriate and applicable sections. Please return all documents to WIRO, DWQ and to the attention of Linda Lewis. Upon the transfer of the permit, please submit a permit modification to address any changes in the existing or proposed development that have been made. Please be advised that operation of the permitted wet ponds and/or selling lots in the subdivision without a permit are violations of NCGS 143-214.6 and are subject to enforcement action. An inspection of The Thistle will be conducted in the near future to determine the status of= compliance. Page 2 of 3 Mr. Feilback December 14, 2009 SW8 080622 If you have any questions, please do not hesitate to contact me at (910) 796-7215 or email me at linda.lewis(o)ncdenr.gov. Sincerely, Linda Lewis Environmental Engineer III GDS/arl: S:\WQS\STORMWATER\LETTERS\2009\080622.dec09 cc: Joseph Bland, Norris Kuske & Tunstall Linda Lewis Page 3 of 3 <r� • j 11' December 8, 2009 Ms. Linda Lewis Mr. Edward Beck NCDENR Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 PMCP DEC 1 0 2009 By; RE: Calabash Town Center State Stormwater Permit No. SW8 08 0622 Deal- Ms. Lewis and Mr. Beck: I am writing as a concerned adjacent property owner regarding the issuance of the State Stormwater Permit No. SW8 08 0622 issued for the Calabash Town Center project in Calabash, North Carolina. I represent the 409 acres owned by Thistle Golf Club Limited Partnership and Thistle Downs Limited Partnership located to the north of the subject property, our properties share a 2,17511 drainage swale. We are respectfully requesting NCDENR to investigate the major modification to this site plan that is currently in the fast track process to insure compliance with all regulations (see exhibits "A" and "B"). We have the following concerns: I) It is our understanding that the permit application submitted to NCDENR noted that the project drains to the Lumber River via Shingletree Swamp which is a classified as Class C: SW waters. However, accordine to our field observations, the local USGS map, and Brunswick County GIS information we believe that the project site actually drains to the Cal .bash River, which is classified as SA waters. If this is the case, then permit number SW8 08 0622 must be invalid as projects that drain to SA waters Have more stringent stormwater rules than those draining to non -SA waters and this project would not be in compliance. 2) tf the permit is granted, that the existing drainage swale varies from 10'- 20' wide and Y-5' deep. We respectfully request at least a 25' wide 1815 Olde Thistle Club Road, Sunset Beach, NC 28468 Real Estate: 1-866-579-8063 • Fax 910-579-8049 Golf: 1-800-571-6710 • Fax: 910-575-8701 Thistlegolf.com Page 2 or2 Dec S. 2009 NCDI?NR easement be required to accommodate proper maintenance from the discharge Swale because of the impact of the 3 detention ponds. 3) Furthermore, the new ponds should be located outside the 25' drainage easement, respective ofthe Landscape buffer required in the conditional use permit, and observe 35' setback as required in the Calabash Code 153.310 (exhibit "C") 4) Verify that a drainage easement is in place between Shallotte partners and Fore Christ Ministries 5) Verify insure that the land mass represented is the same that was in the existing permit. See attached recorded plat (exhibit "D") We respectfully request that NCDENR confirm whether or not this permit was issued in compliance with the appropriate rules and regulations. Thank - you tor taking the time to examine these issues. Attached Exhibits: a) Site plan per permit b) New Site plan (2 pages) c) Conditional use permit (5pages) d) New Plat cc: Jeff Phillips, Brunswick County Engineering Department Mr. Paul Ekster, Attorney �2lEc�� EXHIBIT "A» DEC 1 0 2009 RUNOFF COEFFICIENTS@ NCDENR LETTER m g w Z� BY: $DEC 09 ;:� - s g W Z _ s a $ Z W O U •I li' 1. �. 3 W i II;l (y Q O Z Z jjl:. Q W Z I I m �% 6 � �• 1 r Q s J X i��ll / �� OUOo iYr� �i�Il 11vsy,4 �` ` .a I Y+ y. zl ��I DRAINAGE AREA-1 i;x� ��3 g a� q•3 v �� W z 2ti l nNFyinnNlC t'`SF�+�vt O w 9a Ilij. 'DRAINAGE AREA-2 ;, '�`?;, O cg zfia y ,4 Yyv'y --��1 } x�i5 Z 0 Rill 071M APPROVED 1 i- S�!lE�kli,4`fSu Ell SCALD 7— DA � m 1 sv R �'ll 4� 1 i T \^ `b. 1 F 1 1 1 I b4 t� I 4. _F NZ NISM G , C RR '44 1 •1 � 1 1 r► 1t OEO 16380' R0. SW rt SR 1i63 60' R/W EXHIBIT I" NCDENR LETTER ;� i'S i y 8 DEC 09 !9 a?! ° O F � W W C = r IFI a°Qo Z \� 4 AH.naU mt s[«In owr. Q J p 3 IIR iffif1saMWo. 2 J O U O u x u Maas* a>wtn 0 M rus e \ .Y ICV! flyOY fQiM1 I(If F j, y1TA4n na .�swa owau scram :ua. �x raa 1 M :1 dA:n 16f lYl w( d ��' IMwS Vt�CV WYn•MO �$$i�. (ifFnM/Tn n/R6NCA ra( � a � ° cava.o Mi w clu w: a xa v M iMNfi 40K': M66 If 9 G.''.vlJ .'tl" M 191EID S'"i'vIP J U X .@ wm na/.t rme m memau �m�aP s.ar�mro F Z � (� 6LLs¢aam YlS Ky lmr �Sp Z � Frr .. �. •�ttvev.�rs .m om way.M O w =„q ma n uaw .ruuxa u an r w ( tt 3; ..saxart .:yam Y W �a (� ti P.Tp A M T.Jai Sti4Z S3'Y 2 �y - L—�' ' � a 1MYMl rotiDG V S:iKVII lU K J I ncem.rroona, Y/j tci u sncvr. x Z O O e • Z U � � - V k C29 fM gdt'..Y 1 7 4 �`•�pQ _ l�` '� �� ���...,�//�� /7 jib f/ s EXHIBIT I" 8 DDCENR 09 LETTER a(ui!lla F w w o ��-_` .,• ram"_`_ __ '�`. __.,.��� _____`�� _ ___� _ _ _ e� �``a 4�'+r. ------------- ` �•• r ti"_A � i OIDE GEORR/ D. D I i 60- 60' R/W 1 _ r � < 4 3 Z Sa ]77/i D W W Z a 77/� G OY m = mO e- a 0,t SFf 9fFR [N f CH FM mMYAY 0 Q J (] 00 V KR i . M � 6'1101019Cn ial MT.Y. �In9{il®�W6W� C^..A Ri91 i LL.kMP'GMUY]G,MaAK y CSt! ,1: 0tiw 61egi IMHIM1 RJ' • 6 � rzacaan m,amv wir.� a ms wn s+n cr+x u �3 !. nxaam wu. aas mss uman 3 M n 6V,[IILV IPS M �a[ I@a10 MFN6 •Sf.MS N • J . y I F:M SPUOON IW Wl'Mi T iM vo rwaeoa mu>snsp xtta M•ait mnaacnau +nx z 2 r Z i3l s M m,wn svm em¢ � fpWta Mn MltvSO 9muP � U' �•�eeaA�'� W Z ! I aNOP NL FK6 AYt6� n azrx ma mare N py � G A ALSSMpR WS MK B_"f Z G[ t¢n®e..wa c nr exn xccv ♦MRnalwLry 4iµ9¢4t Y t el gI B✓sAw¢oaCma rnvmn K'MY+II /]r M dW^'D a9LU : �'N �t 2 1, Nl klQf!K. MYJ MCO ,L• S U ec�m n M sar nw[ mau 2 431TG 9C1 M � � aA%C A U VusaE I..L}. -- LEGEND +�v SCALE: 1' = 50' r . � .. IIIIIIII IIIIIIIIIilllllllllllllllllll B74nd Pia IOs EXHIBITT Brunswick County, NC Register of Deeds page t of 5 NCDENR LETTER 8 DEC 09 Epp h1 `j7o!al Z..__ Zty n-, it.-.ryl Ck rl 1 /A c 'a;l $ Refund: ? _ _ FinaDee of odginat ' ❑ Oocumen! ConU:: °:. ....,,.t, ,, ,.p crig;nal .� r Instramer,,lmrc:.::�::.:.sa.:.z-0orcopi¢d. TOWN OF CALABASH Conditional Use Permit Granted On December 2, 2008, the Calabash Board of Commissioners met and held a Public Hearing to consider the Conditional Use Permit application listed below. On January 13,2009, during a Regular Meeting held by the Calabash Board of Commissioners a decision was rendered on the Conditional Use Permit Application Applicant: Shallotte Partners, LLC Property Location: Undeveloped, interior, 22.56-acre parcel located at the corner of Old Georgetown and Clariday Roads; located within Calabash corporate limits in the Residential-8000 zoning district (R-8). Parcel Identification#: 24100001.14 Proposed Use of Property: To construct a multifamily housing development; specifically 18 buildings each containing 12 units for a total of 216 units to be used for residential purposes. The development also contains a clubhouse and other amenities. Meeting Dates: • November 3, 2008-matter was reviewed by the Planning & Zoning Board, who forwarded a recommendation to approve with conditions. • December 2, 2008, Public Hearing held by the Board of Commissioners • December 9, 2008, Board of Commissioners Regular Meeting —an item of Old Business on the Agenda (a decision was rendered pending the Town Attorney's review) • January 13, 2009, Board of Commissioners Regular Meeting —subsequent to the Town Attorney's review of the decision in December, the matter appeared before the Board again and a [new/revised] Conditional Use Permit was issued and is as follows: Having heard all the evidence and argument presented at the Public Hearing, the Board finds that the application is complete, that the application complies with all of the applicable requirements of the Calabash Zoning Ordinance [specifically §153.219 (G)] for the development proposed, and that therefore the application to make use of the above -described property for the purpose indicated is hereby approved, subject to all applicable provisions of the Zoning Ordinance and the following conditions: TOWN OF CALABASH CONDITIONAL USE PERMIT GRANTED IIIIILIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII B? 1A'?r10?lm offs °� EXHIBIT T" Brunsuick County, NC Register of Deeds page 2 of 5 NCDENR LETTER 8 DEC 09 The applicant shall complete the development strictly in accordance with the plans submitted to and approved by the Calabash Board of Commissioners, a copy of which will be filed in the Town Clerk's office. (1) As shown on page CO of the Overall Site Plan (which at the behest of the Board of Commissioners on December 2, 2008 Special Meeting/Public Hearing was revised.to include a sidewalk for interconnectivity between the subject property and 21 Highway Commercial [zoned] properties,and submitted to the Town Clerk on December 5, 2008),the project must include a sidewalk along Town Center Road as well as interconnecting sidewalks to the .residential portion of the subject property. (2) No building within the project shall exceed a height of thirty-five feet (35'). This height must be included in "Site Data" on page CO of the Overall Site Plan. Detailed' elevation drawings shall be submitted to the Building Inspector prior to the issuance of any permits. (3) The total project density shall not exceed 216-units, which yields a density of 9.57 units per acre based upon the gross project area. (4) Buffering shall be used to mitigate/minimize nuisances and any adverse impacts on adjoining properties; this buffering shall be a minimum of twenty-five feet (25') and consist of hedges and tall, multi -layered tree canopy. (5) Before any building permits are issued, a bond must be placed with the Town of Calabash for the cost of the roadways, drives, parking lots, landscaping, lighting, buffering, and signs. Proof of bonding with other govemmenWagencies must also be provided to the Town Clerk prior to the issuance of any building permits. (6) Before the Town of Calabash issues any permits, a stormwater management program for the subject property shall be reviewed and approved by Town staff. This shall include all related stormwater control from the 21 adjoining Highway Commercial lots if such stormwater control arrangement for the Highway Commercial properties is approved as a conditional use. (7) If any of the conditions affixed hereto or any part thereof shall be held invalid, illegal, or void then this permit shall be void and of no effect. TOWN OF CALABASH Cn Nn1T1nV A1, U QV PVQMIT COANTRT EXHIBIT uC° NCDENR LETTER 8 DEC 09 IIIIIIIIIII�NIIIIIillllfllllllllllll Brenda M. Cl moons Joao Brunsuic County, NC Register of Deeds page 3 of 5 (8) The right-of-way as shown on the Overall Site Plan shall be held by covenants in common and access easements be assigned to the 21 Highway Commercial lots. (9) Constnrction is estimated to begin March 2009 and end October 2010. If this permit authorizes development on a tract of land larger than one acre, nothing authorized by the permit may be done until the property owner properly executes and returns to the Town the attached acknowledgement of the issuance of this permit so that the Town may have it recorded in the Brunswick County Registry. IN WITNESS WHEREOF, the "town of Calabash has caused this permit to be issued in its name, and the undersigned, being all of the property owners of the property above described, do hereby accept this Conditional Use Permit, together with all its conditions, as binding on them and their successors in interest. (TOWN SEAL) TOWN OF CALABASH N OF Cq By: �q6•. ny Clemmons, Mayor •CCRPORAIE yy� r4VC; ..ran,., Attest: Kelle Southward, Town Clerk TOWN OF CALABASH CONDITIONAL USE PERMIT GRANTED CS MAP IS NOT CERTIFIED SUR VEY HAS NOT BEEN REVIEWEDBY ::JCAL GOVERNMENT AGENCY FpR -AND DEVELOPMENT A REGULATIONS SCALE: NTS s nee I.� Ca 09-20-30fl9 EXHIBIT "C" 11111111111�IIIIIIfIINllllllllllllllr 82914dP10T48 goof 50fl0 NCDENR LETTER 8 DEC 09 ACKNOWLEGEMENT I, Jim Myers, on behalf of Shallotte Partners LLC, owner of the above -identified property, do hereby acknowledge receipt of this Conditional Use Permit. I further acknowledge that no work may be done pursuant to this permit except in accordance with all of its conditions and requirements and that this restriction shall be binding on therit and their successors in interest. —� Jun Ji y r , Member/Manager / Shalldtte Partners, LLC STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, ,�ii2i7erY �(IG` a Notary Public in and for said State and County, do hereby certify that Jim Myers personally appeared before me this day and acknowledged the due execution of the foregoing instrument. fh WITNESS my hand and notarial seal, this is day of 2. l�CR Y 200 f (ram.. 19 e� _ Notary P (signature) a) 7a 37-e /_ . za V�r i ��_ Notary Public typed or printed name My commission expires: /% rd TOWN OF CALABASH CONDITIONAL USE PERMIT GRANTED WY.vi� 1 •.4 �.hM••V>�m. a�v�J W W csrt~ �ctlM m... tlllAl'I�I�IIIIAff)'llp� �,.a..ai.•..._.t..nwa..... 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Pa3e 3 2410000114 19.CDwo 9I Uard:nee> F9' 20 + i 8 / 15 21 13 LEGEND ,Y ,ty�. '. h `• / ` -0 Wl•: IttB MN 9UIp'C[Pv.4N !RR.NIOUSLT RLCAROL 10 a';. / IN+iu aaxa x,!ree ael carte eun9n+aeceu+m Calabash Town Center �•yaa tF �J 7 `.\r` / laGr� bw+v'+4t'x M.'Mif1y G%%'Y.w 4P r»e.+t.t arr.....•. n..•+unn.e � v )]r•]i r 39.iti .> % sr qrs O.med aM Deu:bpetl M Sha!lotu PaN.rcr., t10 NORRIS, KUSKE & TUNSTALL J. Phillip Norris, P.E. John S. Tunstall, P.E. John A. Kuske, III, P.E. James T. Pyrtle, P.E. CONSULTING ENGINEERS, INC. James L. Lewis, Jr., P.E. J.A. Kuske, P.E. 902 Market Street • Wilmington, NC 28401-4733 • Phone (910) 343-9653 • Fax (910) 343-9604 E-Mail: office@nkteng.com LETTER OF TRANSMITTAL To: Ms. Linda Lewis Date: December 7, 2009 Job No. 07128 NC DENR/Div of Wtr QualityNVtr Quality Section Subject: Calabash Town Center 127 Cardinal Drive Extension Change of Ownership Form Wilmington, NC 28405-3845 WE ARE SENDING YOU VIA MAIL ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-287-5900 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 1 12-01-09 State Stormwater Permit Name/Ownership Change Form RMC=V= 2009 ❑ ❑ AS REQUESTED FOR YOUR USE ® FOR REVIEW AND APPROVAL ❑ FOR APPROVAL ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: As per our recent telephone conversation and emalls with our office, please review the signed change form and approve. Should you have any further questions, please call. cc: Mr. Jim Myers/Shallotte Partners, LLC SIGNED �Illlp Norri. CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. North Carolina Secretary of State Page 1 of 1 North Carolina �r�.','':",,^a.4 �'�' '"' 'v�rt'�._ "� DEPARTMENT OFTFIE Elaine F. Marshall c ;1— Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)007-2000 Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Date: 12/1/2009 here to: Document Filings I Sign Up for E-Notifications I rint apre-populated Annual Report Form I Annual Report Count I File an Annual Report I ;orporation Names Name NC Shallotte Partners, LLC -imited Liability Company Information Name Type Legal SOSID: 0856715 Status: Current -Active Date Formed: 7/1712006 Citizenship: Domestic State of Inc.: NC Duration: Perpetual egistered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Burris, Robert N 6857 Fairvier Road Charlotte NC 28210 6857 Fainner Road Charlotte NC 28210 11024 Nations Ford Road Pineville NC 28134 PO Box 240038 Charlotte NC 28224 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=7890914 12/1/2009 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 17, 2009 Mr. James B. Myers, Integrated Properties PO Box 240038 III, Member/Manager LLC Charlotte, NC 28224 Subject: Request for Plan Revision or Permit Modification Calabash Town Center Stormwater Project No. SW8 080622 Brunswick County Dear Mr. Myers: Dee Freeman Secretary On October 21, 2009, the Division received your partially complete request to transfer the subject stormwater permit to Integrated Properties, LLC. The request is still missing the signed Operation and Maintenance agreement for the continued operation and maintenance of the permitted BMP's for this project. I've attached copies of the appropriate documents that need to be signed, dated, notarized and returned in order to complete this step of the permit transfer process. It is my understanding that the project has not yet been built. In the meantime, a separate matter has come to our attention. The Division is aware that the plans before the Town of Calabash differ somewhat from the plans approved by the Division on September 18, 2008. The Town is also aware of this. Prior to approving the permit transfer, please submit either a plan revision or a permit modification to address the proposed changes to the site plan. I believe that the Town of Calabash may issue a conditional approval for your site plan, conditioned on obtaining either an approved plan revision or a modified permit for the new site plan. This is completely at the discretion of the Town. If you have any questions, please do not hesitate to contact me at (910) 796-7215 or email me at linda.lewis(&ncdenr.gov. Sincerely, Linda Lewis Environmental Engineer III GDS/arl: S:\WQS\STORMWATER\LETTERS\2009\080622.nov09 cc: Phil Norris, P.E., NKT Engineering Stuart Cooke, Shallotte Partners, LLC Stanley Dills, Town of Calabash Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1-877-623-6748 Internet: vnvvvhcwaterquality.org An Equal Oppoduni y 1 Affirmative Action Employer NorthCarolina Naturally OPERATING AGREEMENT OF SHALLOTTE PARTNERS, LLC (A North Carolina Limited Liability Company) OPERATING AGREEMENT OF SHALLOTTE PARTNERS, LLC THIS OPERATING AGREEMENT (this "Agreement") of Shallotte Partners, LLC (the "Company"), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, is executed effective as of the 17th day of July, 2006, by and among the Company and the persons executing this Agreement as the initial Members (as defined below). ARTICLE I - DEFINITIONS ARTICLE 1- DEFIrIITIONSARTICLE I - DEFINITIONSARTICLE I - DEFINITIONS 1.1 DefinitionsLl The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): (a) "Act" means the North Carolina Limited Liability Company Act, as the same may be amended from time to time. (b) 'Ad Capital Account" means, with respect to a Member, the balance in such Member's Capital Account at the end of the relevant fiscal year, as determined in accordance with Treasury Regulation Section 1.704-1(bX2)(iv). (c) "Articles of Orgaaanization'means the Articles of Organisation of the Company filed with the Secretary of State, as amended or restated from time to time. (d) "Capital Account" means for each Member the account established pursuant to Section 8.2 hereof and maintained in accordance with the provisions of this Agreement. (e) "Capital Contribution" means any contribution to the capital of the Company in cash or property by a Member whenever made. (f) "Code" means the Internal Revenue Code of 1986, as amended from time to time (and any corresponding provisions of succeeding law). (g) "Distnbutable Cash" means, with respect to the Company for a period of time, all funds of the Company on hand or in bank accounts of the Company as, in the discretion of the Managers, is available for distribution to the Members after provision has been made for (i) payment of all operating expenses of the Company as of such time, (ii) provision for payment of all outstanding and unpaid current obligations of the Company as of such time, and (iii) provision for such reserves as the Managers deem necessary or appropriate for Company operations. (h) "Fiscal Year" means the calendar year. (i) "Income" means, for each Fiscal Year or other period, each item of income and gain as determined, recognized and classified for federal income tax purposes, provided that any income or gain that is exempt from federal income tax shall be included as if it was an item of taxable income. 6) "Initial Capital Contribution" means the initial contribution to the capital of the Company made by a Member pursuant to Section 8.1(a) of this Agreement. (k) "Loss" means, for each Fiscal Year or other period, each item of loss or deduction as determined, recognized and classified for federal income tax purposes, increased by (i) expenditures described in Section 705(ax2)(B) of the Code, (ii) expenditures contemplated by Section 709 of the Code (except for amounts with respect to which an election is properly made under Section 709(b) of the Code), and (iii) expenditures resulting in a deduction for a loss incurred in connection with the sale or exchange of Company property that is disallowed to the Company under Section 267(a)(1) or Section 707(b). 0) ' jk ' means, with respect to any referenced group of Managers, a combination of any of such Managers constituting more than fifty percent (50016) of the number of Managers of such referenced group who are then elected and qualified (m) "MWEV 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. (n) "Manager" means each initial Member named on Schedule I hereto, or any other Person that succeeds such Manager in their capacity as manager or any other Person elected to act as manager of the Company as provided herein.Managers" refers to such Persons as a group. (o) "Member" means each Person designated as a member of the Company on Schedule I hereto, or any additional member admitted as a member of the Company in accordance with Article 10. "Members" refers to such Persons as a group. (p) "Membership Interest" means all of a Members 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. As to any Member, Membership Interest shall mean the percentage set forth opposite such Members name on Schedule I hereto. (q) Net Income" and "Net Loss" means, for each Fiscal Year or other relevant period, (i) the excess of the Income for such period over the Loss for such period, or (ii) the excess of the Loss for such period over the Income for such period, respectively; provided, however, that Net Income and Net Loss for a Fiscal Year or other relevant period shall be computed by excluding from such computation any Income specially allocated under Section 9.1. Page 2 (r) 'Person" means an individual, a trust, an estate, or a domestic corporation, a foreign corporation, a professional corporation, a partnership, a limited partnership, a limited liability company, a foreign limited liability company, an unincorporated association, or another entity. (s) "Secretary of State" means the Secretary of State of North Carolina. (t) "Treasury Regulations" means the Income Tax Regulations and Temporary Regulations promulgated under the Code, as such regulations may be amended from time to time (including corresponding provisions of succeeding regulations). ARTICLE 2 - FORMATION OF THE COMPANY 2.1 Formation. The Company was formed on July 17, 2006 upon the filing with the Secretary of State of the Articles of Organization of the Company. In consideration of the mutual premises 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. 2.2 Name. The business and affairs of the Company shall be conducted under the name Shaliotte Partners, LLC. The name of the Company may be changed from time to time by amendment of the Articles of Organization. The Company may transact business under an assumed name by Sling an assumed name certificate in the manner prescribed by applicable law. 2.3 Registered Office and Registered Agent. The Company's registered office shall be Shallotte Partners LLC, 6606 Beach Drive SW, Unit E, Ocean Isle Beach, Brunswick County, North Carolina 28469, and the name of its initial registered agent at such address shall be Stuart Cooke. 2.4 Principal Place of Business. The principal place of business of the Company within the State of North Carolina shall be same as 2.3 above. The Company may locate its place(s) of business and registered office at any other place or places as the Managers may from time to time deem necessary or advisable. 2.5 Term. The Company shall continue in perpetual existence, as specified in the Company's Articles of Organization, unless the Company is earlier dissolved and its affairs wound up in accordance with the provisions of this Agreement or the Act. Page 3 2.6 Purposes and Powers. (a) The Company may engage in any lawful business for which limited liability companies may be organized under the Act unless a more limited purpose is stated in the Articles of Organization. (b) The Company shall have any and all powers which are necessary or desirable to carry out the purposes and business of the Company, 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. 2.7 Nature of Members' Interests. The interests of the Members in the Company shall be personal property for all purposes. Legal title to all Company assets shall be held in the name of the Company. Neither any Member nor a successor, representative or assign of such Member, shall have any right, title or interest in or to any Company property or the right to partition any real property owned by the Company. Interests may be evidenced by a certificate of membership interest issued by the Company, in such form as the Managers may determine. ARTICLE 3 • RIGHTS AND DUTIES OF MANAGERS 3.1 Management The business and affairs of the Company shall be managed by the Managers. In addition to the powers and authorities expressly conferred by this Agreement upon the Managers, the Managers shall have full and complete authority, power and discretion to manage and control the business 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, except only as to those acts and things as to which approval by the Members is expressly required by the Articles of Organization, this Agreement, the Act or other applicable law. At any time when there is more than one Manager, (i) any one Manager may take any action permitted to be taken by the Managers, unless the approval of more than one of the Managers is expressly required pursuant to this Agreement or the Act, and (ii) the Managers may elect one or more officers who may but need not be Members or Managers of the Company, with such titles, duties and compensation as may be designated by the Managers, subject to any applicable restrictions specifically provided in this Agreement or contained in the Act. 3.2 Number and Qualifications. There shall initially be four Managers of the Company, who shall be the Members who executed and Sled the Articles of Organization of the Company. The names and consent of the Managers to serve as such shall be evidenced on Schedule H attached hereto and made a part hereof, as amended upon any change of Managers. The number of Managers of the Company may be fixed from time to time by the affirmative vote of a Majority in Interest of all of the Members, but in no instance shall any decrease in the number of Managers have the effect of shortening the term of any incumbent Manager. Managers need not be residents of the State of North Carolina or Members of the Company. 3.3 Election and Term of Office. Managers shall be elected at the annual meeting of the Members (except as provided in Sections 3.5 and 3.6). Each Manager shall hold office until the Page 4 Manager's successor shall have been elected and qualified, or until the death or dissolution of such Manager, or until his or its resignation or removal from office in the manner provided in this Agreement or in the Act. 3.4 Resignation. Any Manager of the Company may resign at any time by giving written notice to all of 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 therein, the acceptance of such resignation shall not be necessary to make it effective. 3.5 Removal At any special meeting of the Members called expressly for that purpose, all or any lesser number of Managers may be removed at any time, either with or without cause, by the affirmative vote of a Majority in Interest of all the Members then entitled to vote at any election of Managers. In case any vacancy so created shall not be filled by the Members at such meeting, such vacancy may be filled by the Managers as provided in Section 3.6. 3.6 Vacancies. Any vacancy occurring for any reason in the Managers of the Company may be filled by the affirmative vote of a Majority of Managers, except for a vacancy occurring in the Managers by reason of an increase in the number of Managers, winch shall be filled by the affirmative vote of a Majority in Interest of the Members at an annual meeting of Members or at a special meeting of Members called for that purpose. 3.7 Inspection of Books and Records. Any Manager shall have the right to examine all books and records of the Company for a purpose reasonably related to such Manager's position as a Manager. 3.8 Compensation. The compensation of the Managers of the Company shall be fixed from time to time by an affirmative vote of a Majority in Interest of the Members or by contract approved by an affirmative vote of a Majority in Interest of the Members, and no Manager shall be prevented from receiving such salary by reason of the fact that he is also a Member of the Company. 3.9 Committees of the Managers. The Managers, by resolution, may designate from among the Managers one or more committees, each of which shall be comprised of one or more of the Managers, and may designate one or more of the Managers as alternate members of any committee, who may, subject to any limitations imposed by the Managers, replace absent or disqualified Managers at any meeting of that committee. Any such committee, to the extent provided in such resolution or in this Agreement, shall have and may exercise all of the authority of the Managers, subject to any restrictions contained in this Agreement or the Act. ARTICLE 4 - MEETINGS OF MANAGERS 4.1 Place of Meeting. The Managers of the Company may hold their meetings, both regular and special, at any place within or without the State of North Carolina. Page 5 4.2 Notice of Meetings. The first meeting of newly elected Managers shall be held immediately following the adjournment of the annual meeting of the Members. The Managers may otherwise meet at such intervals and at such time and place as they shall schedule. The first meeting of Managers, and any scheduled meetings of the Managers, may be held without notice. Special meetings of the Managers may be called at any time by no less than one-third of the then serving Managers for any purpose or purposes. Notice of such special meetings, unless waived by attendance or by written consent to the holding of the special meeting, shall be given at least five (5) days before the date of such meeting to all Managers not calling the meeting. Notice of such special meeting shall state that it shall be held at the principal place of business of the Company, the date and hour of the special meeting, and its purpose or purposes. Absent the written consent of a Majority of the Managers to take other action, the business transacted at such special meeting shall be limited to such purpose or purposes as stated in the notice. 4.3 Action by Managers; Quorum; voting; Action Without a Meeting. (a) A Majority of the Managers shall be necessary to constitute a quorum for the transaction of business. Every act or decision done or made by a Majority of the Managers present at a meeting duly held at which a quorum is present shall be regarded as the act of the Company, unless a greater number is required by law or by the Articles of Organization. (b) Managers may participate in any meeting of the Managers by means of 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 (c) All votes required of Managers hereunder may be by voice vote unless a written ballot is requested, which request may be made by any one Manager. (d) Any action which under any provision of the Act or this Agreement is to be taken at a meeting of the Managers may be taken without a meeting by written consent signed by all Managers who would be entitled to vote upon such action at a meeting. Such written consent must be kept with the records of the Company. 4.4 Adjournment A Majority of the Managers present may adjourn any Managers' meeting to meet again at a stated day and hour or until the time fixed for the next regular meeting of the Managers. ARTICLE 5 — MEMBERS 5.1 Names and Addresses of Member. The names, addresses and Membership Interests of the Members are as reflected in Schedule I attached hereto and made a part hereof, which Schedule shall be as amended by the Company as of the effectiveness of any transfer or subsequent issuance of any Membership Interest. Page 6 5.2 Admission of Members. (a) In the case of a Person acquiring a Membership Interest directly from the Company, the Person shall become a Member with respect to such Membership Interest upon compliance with the requirements of Article 10 and malting the Capital Contribution specified in Section 8.1. (b) An assignee of a Membership Interest shall become a Member on compliance with the requirements of Article 10. (c) Any Person may become a Member unless such Person lacks capacity or is otherwise prohibited from being admitted by applicable law. ARTICLE 6 - MEETINGS OF MEMBERS 6.1 Annual Meetings of Members. An annual meeting of the Members will be held at such time and date at the principal office of the Company or at such other place within or without the State of North Carolina as shall be designated by the Managers from time to time and stated in the notice of the meeting. The purposes of the annual meeting need not be enumerated in the notice of such meeting. 6.2 Special Meetings of Members. Special meetings of the Members may be called by the Managers or by the holders of not less than ten percent (10%) of all the Membership Interests. Business transacted at all special meetings shall be confined to the purpose or purposes stated in the notice. 63 Notice of Meetings of Members. Written notice stating the place, day and hour of the meeting and, additionally in the case of special meetings, stating the principal place of business of the Company as the location and the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) nor more than sixty (60) days before the date of the meeting, to each Member of record entitled to vote at such meeting. 6.4 Record Date. For the purpose of determining Members entitled to notice of or to vote at any meeting of members or any 4ourmnent thereof, or Members entitled to receive payment of any distribution, or to make a determination of Members for any other purpose, the date on which notice of the meeting is mailed or the date on which such distribution is declared, 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. 6.5 Quorum. 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 Page 7 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. 6.6 Actions by Members Other than for the Election of Managers. 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. 6.7 Action by Members to Elect Managers. For purposes of voting on the election of Managers, Managers shall be elected at any meeting of the Members at which a quorum is present by a plurality of the Membership Interests represented and voting at the meeting. 6.8 List of Members Entitled to Vote. The Managers shall make, at least ten (10) days before each meeting of Members, a complete list of the Members entitled to vote at such meeting, or any adjournment of such meeting, arranged in alphabetical order, with the address of and the Membership Interest held by each, which list, for a period of ten (10) days prior to such meeting, shall be kept on file at the registered office of the Company and shall be subject to inspection by any Member at any time during usual business hours. Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to inspection of any Member during the whole time of the meeting. However, failure to comply with the requirements of this Section shall not affect the validity of any action taken at such meeting. 6.9 Registered Members. The Company shall be entitled to treat the holder of record of any Membership Interest as the holder in fact of such Membership Interest for all purposes, and accordingly shall not be bound to recognize any equitable or other claim to or interest in such Membership Interest on the part of any other person, whether or not it shall have express or other notice of such claim or interest, except as expressly provided by this Agreement or the laws of North Carolina. ARTICLE 7 - LIMITATION OF LIABnXff AND INDEMNIFICATION OF MANAGERS AND MEMBERS 7.1 Limitation of Liability. No Manager or Member of the Company shall be liable to the Company or its Members for monetary damages for an act or omission in such person's capacity as a Manager or a Member, except as provided in the Act for (i) acts or omissions which a Manager knew at the time of the acts or omissions were clearly in conflict with the interests of the Company, (ii) any transaction from which a Manager derived an improper personal benefit, or (iii) acts or omissions occurring prior to the date this provision becomes effective. If the Act is amended to Page 8 authorize action further eliminating or limiting the liability of Managers and Members, then the liability of a Manager or Member of the Company shall be eliminated or limited to the fullest extent permitted by the Act as so amended Any repeal or modification of this section shall not adversely affect the right or protection of a Manager or Member existing at the time of such repeal or modification. 7.2 Indemnification. The Company shall indemnify the Managers and Members to the fullest extent permitted or required by the Act, as amended from time to time, and the Company may advance expenses incurred by the Manager or Member upon the approval of the Managers and the receipt by the Company of an undertaking by such Manager or Member to reimburse the Company unless it shall ultimately be determined that such Manager or Member is entitled to be indemnified by the Company against such expenses. The Company may also indemnify its employees and other representatives or agents up to the fullest extent permitted under the Act or other applicable law, provided that the indemnification in each such situation is first approved by Members owning a Majority in Interest. 73 Other Rights. The indemnification provided by this Agreement shall (i) be deemed exclusive of any other rights to which a person seeking indemnification may be entitled under any statute, agreement, vote of Members or disinterested Managers, or otherwise, both as to action in official capacities and as to action in another capacity while holding such office; (ii) continue as to a person who ceases to be a Manager or Member; (iii) inure to the benefit of the estate, heirs, executors, administrators or other successors of an indemnitee; and (iv) not be deemed to create any rights for the benefit of any other person or entity. 7.4 Report to Members. The details concerning any action to limit the liability, indemnity or advance expenses to a Manager, Member or other, taken by the Company shall be reported in writing to the Members with or before the notice or waiver of notice of the next Members' meeting or with or before the next submission to Members of a consent to action without a meeting or, if sooner, separately within ninety (90) days immediately following the date of the action. ARTICLE 8 - CONTRIBUTIONS TO CAPITAL AND CAPITAL ACCOUNTS; LOANS 8.1 Capital Contribution; Loans (a) Upon execution of this Agreement, each Member agrees to contribute cash to the Company in the amount set forth as the Initial Capital Contribution of such Member on Schedule I attached hereto. (b) No Member shall be paid interest on any Capital Contribution to the Company. (c) Upon approval of the terms thereof by the Managers, any Member may make a loan to the Company upon commercially reasonable terms. Loans by a Member to the Company shall not be considered Capital Contributions. 8.2 Capital Accounts. Page 9 (a) The Company shall maintain a separate capital account (each a "Capital Account") for each Member pursuant to the principles of this Section 8.2 and Treasury Regulation Section 1.704-1(b)(2)(iv). The Initial Capital Account of each Member shall be the Initial Capital Contribution of such Member. Such Capital Account shall be increased by (i) the amount of the subsequent Capital Contributions of such Member to the Company under Section 8.1 and (ii) such Members allocable share of Company Income and Net Income pursuant to Section 9.1. Such Capital Account shall be decreased by (i) the amount of cash distributed to the Member by the Company pursuant to Section 9.2 and (ii) such Members allocable share of Loss and Net Loss pursuant to Section 9.1. (b) The provisions of this Section 8.2 and other portions of this Agreement relating to the proper maintenance of Capital Accounts are designed to comply with the requirements of Treasury Regulation Section 1.704-1(b). The Members intend that such provisions be interpreted and applied in a manner consistent with such Treasury Regulations. The Managers are authorized to modify the manner in which the Capital Accounts are maintained if the Managers determine that such modification (i) is required or is prudent to comply with the Treasury Regulations and (ii) is not likely to have a material effect on the amounts distributable to any Member upon the dissolution of the Company. &3 Withdrawal or Reduction of Members' Contributions to Capital. (a) No Member shall have the right to withdraw all or any part of its Capital Contribution or to receive any return on any portion of its Capital Contribution, except as may be otherwise specifically provided in this Agreement Under circumstances involving a return of any Capital Contribution, no Member shall have the right to receive property other than cash. (b) No Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Income, Net Losses or distributions; provided that this subsection shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company. 8.4 Liability of Members. No Member shall be liable for the debts, liabilities or obligations of the Company beyond his or its respective Initial Capital Contribution and any Additional Capital Contribution made by such Member pursuant to Section 8.1 above. Except as otherwise expressly provided herein, no Member shall be required to contribute to the capital of, or to loan any funds to, the Company. ARTICLE 9 - ALLOCATIONS, DISTRIBUTIONS, ELECTIONS AND REPORTS 9.1 Allocations. Subject to the provisos below, for purposes of maintaining Capital Accounts and in determining the rights of the Members among themselves, Net Income, or Net Loss, if any, for a Fiscal Year or other period, shall be allocated to the Members in proportion to their respective Membership Interests after giving effect to all Capital Account adjustments attributable to contributions and distributions of cash and property made during such Fiscal Year; provide Page 10 however, notwithstanding the provisions of the preceding clause of this Section 9.1, in the event any Member unexpectedly receives any adjustments, allocations, or distributions described in Treasury Regulation Sections 1.704-1(bX2)(ii)(dX4), 1.704-1(b)(2)(iiXd)(5), or 1.704-1(b)(2Xii)(dx6), items of Income shall be specially allocated to such Member (consisting of a pro rata portion of each item of Company Income, including gross income, for such year) in an amount and manner sufficient to eliminate such deficit, if any, in such Member's Adjusted Capital Account, as quickly as possible. The foregoing proviso is intended to constitute a "qualified income offset" within the meaning of Section 1.704-1(b)(2xii)(d) of the Treasury Regulations and this proviso shall be interpreted consistently with such Treasury Regulation 9.2 Distributions. The Managers shall distribute Distributable Cash and other property at such times and in such amounts as they may determine, in their sole discretion. All distributions of Distributable Cash or other property shall be made to the Members in proportion to their respective Membership Interests. Except as provided in Section 9.3, all distributions of Distributable Cash and property shall be made at such time as determined by the Managers. 9.3 Limitation Upon Distributions. No distribution shall be declared and paid if payment of such distribution would cause the Company to violate any limitation on distributions provided in the Act. 9.4 Allocations for Tax Purposes. Except as otherwise provided herein, each item of Income, Net Income, or Net Loss of the Company shall be allocated to the Members in the same manner as such allocations are made for book purposes pursuant to Section 9.1. In the event of a transfer of, or other change in, an interest in the Company during a Fiscal Year, each item of taxable income and loss shall be prorated in accordance with Section 706 of the Code, using any convention permitted by law and selected by the Managers. 9.5 Tax Status, Elections and Modifications to Allocations. (a) Notwithstanding any provision contained in this Agreement to the contrary, solely for federal income tax purposes each of the Members hereby recognizes that the Company will be subject to all provisions of Subchapter K of the Code; provided however, that the filing of all required returns thereunder shall not be construed to extend the purposes of the Company or expand the obligations or liabilities of the Members. (b) The Managers, in their sole discretion, may cause the Company to elect pursuant to Section 754 of the Code and the Treasury Regulations to adjust the basis of the Company assets as provided by Section 743 or 734 of the Code and the Treasury Regulations thereunder. The Company shall make such elections for Federal income tax purposes as may be determined by the Managers, acting in their sole and absolute discretion. (c) The Managers shall prepare and execute any amendments to this Agreement necessary for the Company to comply with the provisions of Treasury Regulations Sections 1.704- 1(b), 1.704-1(c) and 1.704-2 upon the happening of any of the following events: (i) incurring any liability which constitutes a "nonrecourse liability" as defined in Treasury Regulation Section 1.704- 2(bx3) or a "partner nonrecourse debt" as defined in Treasury Regulations Section 1.704-2(b)(4); (ii) Page 11 a constructive termination of the Company pursuant to Code Section 708(b)(1)03); or (iii) the contribution or distribution of any property, other than cash, to or by the Company. 9.6 Tax Matters Partner. The Managers shall designate a Member serving as a Manager, or if there is none or if none are eligible to act, any Member, as the "tax matters partner" for federal income tax purposes. The tax matters partner 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 fiords for professional services and costs associated therewith The tax matters partner 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 partner and to do or refrain from doing any or all things reasonably required by the tax matters partner to conduct such proceedings. Any direct out-of-pocket expense incurred by the tax matters partner in carrying out his obligations hereunder shall be allocated to and charged to the Company as an expense of the Company for which the tax matters partner shall be reimbursed 9.7 Records 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 records required by the Act to be maintained there. 9.8 Books of Account. (a) The Company shall maintain the Company's books and records and shall determine all items of Income, Loss, Net Income and Net Loss in accordance with the method of accounting selected by the Managers, consistently applied All of the records and books of account of the Company, in whatever form maintained, shall at all times be maintained at the principal office of the Company and shall be open to the inspection and examination of the Members or their representatives during reasonable business hours. Such right may be exercised through any agent or employee of a Member designated by it or by an attorney or independent certified public accountant designated by such Member. Such Member shall bear all expenses incurred in any action made on behalf of such Member. (b) All expenses in connection with the keeping of the books and records of the Company and the preparation of audited or unaudited financial statements required to implement the provisions of this Agreement or otherwise needed for the conduct of the Company's business shall be home by the Company as an ordinary expense of its business. 9.9 Company Tax Return and Annual Statement. The Managers shall cause the Company to file a Federal income tax return and all other tax returns required to be filed by the Company for each Fiscal Year or part thereof, and shall provide to each person who at any time during the Fiscal Year was a Member with an annual statement (including a copy of Schedule K-1 to Internal Revenue Service Form 1065) indicating such Member's share of the Company's income, loss, gain, expense and other items relevant for Federal income tax purposes. Such annual statement may be audited or unaudited as required by the Managers. Page 12 9.10 Bank Accounts. The bank account or accounts of the Company shall be maintained in the bank approved by the Managers. The terms governing such accounts shall be determined by the Managers and withdrawals from such bank accounts shall be made only by such parties as may be approved by the Managers. ARTICLE 10 - TRANSFERABM1TY OF MEMBERSHIP INTERESTS; ADMISSION OF MEMBERS 10.1 Transferability of Membership Interest 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 10.2. Any transferee of a Membership Interest by any means shall have only the rights, powers and privileges set out in Section 10.3 or otherwise provided by law and shall not become a Member of the Company except as provided in Section 10.4. 10Z 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 Managers, which approval may be granted or denied in the sole discretion of the Managers. The Managers may require the proposed transferee to furnish the Company with an opinion of counsel, satisfactory in form and substance to such Managers, that neither the offering nor the proposed transfer will violate any Federal or applicable state securities law and that neither such offering or proposed transfer will not adversely affect the Company from being taxed as a partnership for Federal income tax purposes. 10.3 Rights of Transferee. Unless and until admitted as a Member of the Company in accordance with Section 10.4, 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. 10.4 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 Managers, 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. 10.5 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 Managers and, if requested by the Managers, upon receipt by the Company of an opinion of counsel, satisfactory in form and substance to a Majority of the Managers, that neither the offering Page 13 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. ARTICLE I I - DISSOLUTION AND TERMINATION 11.1 Withdrawal. Except as otherwise provided in this Agreement, no Member shall at any time retire or withdraw from the Company or withdraw any amount out of his Capital Account. Any Member retiring or withdrawing in contravention of this Section 11.1 shall indemnify, defend and hold harmless the Company and all other Members (other than a Member who is, at the time of such withdrawal, in default under this Agreement) from and against any losses, expenses, judgments, fines, settlements or damages suffered or incurred by the Company or any such other Member arising out of or resulting from such retirement or withdrawal. 11.2 Dissolution. (a) The Company shall be dissolved upon the first of the following to occur: (i) When the period fared for the duration of the Company in the Articles of Organization shall expire; (ii) Upon the election to dissolve the Company by all of the Members; (iii) The entry of a decree of judicial dissolution or the issuance of a certificate for administrative dissolution under the Act; or (iv) Upon the happening of any event of withdrawal (as defined in the Act) with respect to any Member, unless there is at least one remaining Member and the business of the Company is continued by the written consent of the remaining Members holding a Majority in Interest within ninety (90) days of the action by or affecting the withdrawing Member. If the remaining Members continue the business of the Company, the remaining Members who consented to said continuation shall purchase prorata, based on their respective Membership Interests, unless otherwise agreed among them, the withdrawing Member's interest for its fair market value. [Describe determination of FMV, closing procedure and method of payment] (b) Upon dissolution of the Company, the business and affairs of the Company shall terminate and be wound up, and the assets of the Company shall be liquidated under this Article 11. (c) Dissolution of the Company shall be effective as of the day on which the event occurs giving rise to the dissolution, but the Company shall not terminate until there has been a Page 14 winding up of the Companys business and affairs, and the assets of the Company have been distributed as provided in Section 11.3. (d) Upon dissolution of the Company, the Managers may cause any part or all of the assets of the Company to be sold in such manner as the Managers shall determine in an effort to obtain the best prices for such assets; provided, however, that the Managers may distribute assets of the Company in land to the Members to the extent practicable. 113 Articles of Dissolution. Upon the dissolution and commencement of the winding up of the Company, the Managers shall cause Articles of Dissolution to be executed on behalf of the Company and Sled with the Secretary of State, and a Manager or authorized Member shall execute, acknowledge and file any and all other instruments necessary or appropriate to reflect the dissolution of the Company. 11.4 Distribution of Assets Upon Dissolution. In settling accounts after dissolution, the assets of the Company shall be paid in the following order: (a) First, to creditors, in the order of priority as provided by law, except those to Members on account of their Capital Contributions, (b) Second, an amount equal to the then remaining credit balances in the Capital Accounts of the Members shall be distributed to the Members in proportion to the amount of such balances; and (c) Third, any remainder shall be distributed to the Members of the Company, pro rats, according to their respective Membership Interests. 11.5 Distributions in Kind . If any assets of the Company are distributed in kind, such assets shall be distributed to the Members entitled thereto as tenams-in-common in the same proportions as the Members would have been entitled to cash distributions if such property had been sold for cash and the net proceeds thereof distributed to the Members. In the event that distributions in kind are made to the Members upon dissolution and liquidation of the Company, the Capital Account balances of such Members shall be adjusted to reflect the Members' allocable share of gain or loss which would have resulted if the distributed property had been sold at its fair market value. ARTICLE 12 - MISCELLANEOUS PROVISIONS 12.1 Competing Business. Except as otherwise expressly provided in this Agreement or the Act, neither the Managers nor the Members, nor any of their shareholders, directors, officers, employees, partners, agents, family members or affiliates, shall be prohibited or restricted in any way from investing in or conducting, either directly or indirectly, and may invest in and/or conduct, either directly or indirectly, businesses of any nature whatsoever, including the ownership and operation of businesses or properties similar to or in the same geographical area as those held by the Company. Except as otherwise provided in this Agreement or the Act, any investment in or conduct of any such Page IS businesses by any such person or entity shall not give rise to any claim for an accounting by any Member or the Company or any right to claim any interest therein or the profits therefrom. 12.2 Member Representations and Agreements. Notwithstanding anything contained in this Agreement to the contrary, each Member hereby represents and warrants to the Company, the Managers and to each other that: (a) the Membership Interest of such Member is acquired for investment purposes only, for the Member's own account, and not with a view to or in connection with any distribution, reoffer, resale or other disposition not in compliance with the Securities Act of 1933, as amended, and the rules and regulations thereunder (the "1933 Act") and applicable state securities laws; (b) such Member, alone or together with the Member's representatives, possesses such expertise, knowledge and sophistication in financial and business matters generally, and in the type of transactions in which the Company proposes to engage in particular, that the Member is capable of evaluating the merits and economic risks of acquiring and holding the Membership Interest and the Member is able to bear all such economic risks now and in the future; (c) such Member has had access to all of the information with respect to the Membership Interest acquired by the Member under this Agreement that the Member deems necessary to make a complete evaluation thereof and has had the opportunity to question the other Members and the Managers (if any) concerning such Membership Interest; (d) such Member's decision to acquire the Membership Interest for investment has been based solely upon the evaluation made by the Member, (e) such Member is aware that the Member must bear the economic risk of an investment in the Company for a indefinite period of time because Membership Interests have not been registered under the 1933 Act or under the securities laws of various states and, therefore, cannot be sold unless such Membership Interests are subsequently registered under the 1933 Act and any applicable state securities laws or an exemption from registration is available; (f) such Member is aware that only the Company can take action to register Membership Interests and the Company is under no such obligation and does not propose to attempt to do so; (g) such Member is aware that this Agreement provides restrictions on the ability of a member to sell, transfer, assign, mortgage, hypothecate or otherwise encumber the Member's Membership Interest; (h) such Member agrees that the Member will truthfully and completely answer all questions, and make all covenants, that the Company or the Managers may, contemporaneously or hereafter, ask or demand for the purpose of establishing compliance with the 1933 Act and applicable state securities laws; and (i) if that Member is an organization, that it is duly organized, validly existing, and in good standing under the laws of its state of organization and that it has full organizational power and authority to execute and agree to this Agreement and to perform its obligations hereunder. 12.3 Notice. (a) All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. (b) All notices, demands and requests to be sent to any Manager or Member pursuant to this Agreement shall be deemed to have been properly given or served if addressed to such person at the address as it appears on the Company records and (i) personally delivered, (ii) deposited for next day delivery by Federal Express, or other similar overnight courier services, (iii) deposited in the United States mail, prepaid and registered or certified with return receipt requested, or (iv) Page 16 transmitted via telecopier or other similar device to the attention of such person with receipt acknowledged. (c) All notices, demands and requests so given shall be deemed received (i) when actually received, if personally delivered, deposited for next day delivery with an overnight courier or telecopied, or (ii) as indicated upon the return receipt if deposited in the United States mail. (d) The Managers and Members shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses by delivering to the other parties written notice of such change in the manner prescribed in Section 12.3(b). (e) All distributions to any Member shall be made at the address at which notices are sent unless otherwise specified in writing by any such Member. 12.4 No Action. No Member shall have any right to maintain any action for partition with respect to the property of the Company. 12.5 Amendments. This Agreement or the Articles of Organization may only be amended or modified by a writing executed and delivered by each of the Members. 12.6 Power of Attorney. Each Member hereby makes, constitutes and appoints each elected Manager as may be serving from time to time, severally, with full power of substitution, as the Members true and lawful attorney -in -fact, for such Member and in such Member's dame, place and stead and for the Member's use and benefit to sign and acknowledge, file and record, any amendments hereto among the Members and for the further purpose of executing and filing on behalf of each Member, any documents necessary to constitute the continuation of the Company, the admission or withdrawal of a Member, the qualification of the Company in a foreign jurisdiction (or amendment to such qualification), the admission of substitute Members or the dissolution or termination of the Company, provided such continuation, admission, withdrawal, qualification, or dissolution and termination are in accordance with the terms of this Agreement. The foregoing power of attorney is a special power of attorney coupled with an interest, is irrevocable and shall survive the death or legal incapacity of each Member. It may be exercised by any one of said attorneys by listing all of the Members executing any instrument over the signature of the attomey-in-fact acting for all of them. The power of attorney shall survive the delivery of an assignment by a Member of the whole or any portion of his Membership Interest In those cases in which the assignee of, or the successor to, a Member owning a Membership Interest has been approved by the Members for admission to the Company as a substitute Member, the power of attorney shall survive for the sole purpose of enabling the Managers to execute, acknowledge and file any instrument unent necessary to effect such substitution. This power of attorney shall not be affected by the subsequent incapacity or mental incompetence of any Member. 12.7 Governing Law; Arbitration. This Agreement is made in Brunswick County, North Carolina and the rights and obligations of the Members hereunder shall be interpreted, Page 17 construed and enforced in accordance with the laws of the State of North Carolina Any dispute arising out of or in connection with this Agreement or the breach thereof shall be decided by arbitration to be conducted in North Carolina in accordance with the then prevailing commercial arbitration Hiles of the American Arbitration Association, and judgment thereof may be entered in any court having jurisdiction thereof. 12.8 Entire Agreement This Agreement, including all schedules to this Agreement, as amended from time to time in accordance with the terms of this Agreement, contains the entire agreement among the parties relative to the subject matters hereof. 12.9 Waiver. No consent or waiver, express or implied, by any Member to or for any breach or default by any other Member in the performance by such other Member of his or its obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other Member of the same or any other obligations of such other Member under this Agreement Failure on the part of any Member to complain of any act or failure to act of any of the other Members or to declare any of the other Members in default, regardless of how long such failure continues, shall not constitute a waiver by such Member of his or its rights hereunder. 12.10 Severabi►ity. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and the intent of this Agreement shall be enforced to the greatest extent permitted by law. 12.11 Binding Agreement Subject to the restrictions on transferability set forth in this Agreement, this Agreement shall inure to the benefit of and be binding upon the undersigned Members and their respective legal representatives, successors and assigns. 12.12 Tense and Gender. Unless the context clearly indicates otherwise, the singular shall include the plural and vice versa. Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, this Agreement shall be read as if the appropriate gender was used 12.13 Captions. Captions are included solely for convenience of reference and if there is any conflict between captions and the text of this Agreement, the text shall control. 12.14 Benefits of Agreement Nothing in this Agreement, expressed or implied, is intended or shall be construed to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Members and the Company. 12.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes and all of which when taken together shall Page 18 I 2. 3. 13 Name and Address of Members Patrick Ballantine 6008 Forest Creek Circle Wilmington, NC 28403 Stuart Cooke 1 Causeway Drive Ocean Isle Beach, NC 28469 Jeff Milliken 5701 Simmons Road Ash, NC 28420 Jim Myers, III P.O. Box 240351 Charlotte, NC 28224 SCHEDULEI Initial Capital Contribution ($) Membership Interest (%) $250.00 25% $250.00 25% $250.00 25% $250.00 25% TOTALS $1000.00 100% Page 20 NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC. October 19, 2009 Ms. Mary Jean Naugle NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Calabash Town Center State Stormwater Permit Name/Ownership Change Form NKT Project No. 07128 Dear Ms. Naugle: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S.Tunstall, P.E. J.A. Kuske, P.E. of Counsel Attached is the revised State Stormwater Permit Name/Ownership Change Form as per your request. Also enclosed are copies of the original Operating Agreement of Shallotte Partners, the Transfer, Assignment, and Consent documents for the 'purchase' of Shallotte Partners by Integrated Properties, LLC which owned by Jim and Dave Myers — 50% each. Please contact us if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. oseph K. Bland, Project Manager JKB/neh 07128 10-19-09 s-sw ownership Itr cc: Mr. Jim Myers / Shallotte Partners l <,?OOY 902 Market Street • Wilmington, NC 28401-4733 • Phone: 910.343.9653 • Fax: 910.343.9604 0- Ae-uj,0 From:" Naugle, Mary Sent: Thursday, October 01, 2009 9:35 AM To: 'Phil Norris" 'Nancy Howell' Subject: RE: SW8 080622 Calabash Town Center - Additional Information Request for Name/Ownership Change Attachments: 080622 calabash town center ANRC-AnnualReportLLC_C200819900170[1].pdf; 080622 calabash town center ANRC-AnnualReportLLC_C200712401265[1 ].pdf; 080622 calabash town center RESR-ApplicationtoReserveaCorporateName C200506600161[1].pdf; 080622 calabash town center LLCD-ArticlesofOrganizationLimitedLiability_C200600600168[l].pdf Nancy, It appears that the permittee needs to be James B. Myers III and Shallotte Partners, LLC and Integrated Partners, LLC. The applicant's name must appear on the NC SOS as a member/manager for the legal entity that is on the permit. Shallotte Partners lists the member/manager as Integrated Partners on NC SOS. Mr. Myers is a member/manager for the Integrated. Only Stuart Cooke is on the NC SOS for Shallotte. Y �\)"0 Please fill out the forms this way and have them sign in the appropriate spaces. Stuart Cooke as current permittee, Shallotte Partners James B. Myers as new permittee, Integrated Partners and Shallotte Partners. C e.L� We can talk when you get this. Mary Jean Naugle NC DENR Express Permitting NC Division of Water Quality 127Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 910-796-7303 910-350-2004 fax mart'. naugle@ncdenr.go v l Ll�(a2M�= A aVr_sv mqee)5 � 3��0 Please note: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Phil Norris [mailto:pnorris@nkteng.com] Sent: Tuesday, September 29, 2009 2:06 PM To: Naugle, Mary Cc: 'Jody Bland; 'Amy' Subject: RE: SW8 080622 Calabash Town Center - Additional Information Request for Name/Ownership Change Ms. Naugle, In response to your request for change to the ownership/signatures for Shallotte Partners, LLC for the Calabash Town Center, based on the attached information from the NCSOS website and in conversation with the owners of Shallotte Partners, LLC, the following should explain the ownership: Shallotte Partners, LLC is the owner of the property and the responsible party for the Calabash Town Center project. Shallotte Partners, LLC is managed by Integrated Properties, LLC. n �C t I h4 I',A-0],�)� --� to'`�C)9 Integrated Properties, LLC has two member/managers: James B. Myers, III and David L. Myers. Both gentlemen have the authority to manage the LLC. It should be noted that James B. Myers, III was an original member/manger of Shallotte Partners, LLC. He bought out the other members and place Shallotte Partners, LLC under the management of Integrated Properties, LLC. Therefore, the change of ownership forms currently submitted are correct as Shallotte Partners, LLC has not been dissolved and is the owner. Should you have any questions, please call me at 910-287-5900. Thank you, Nancy Nancy E. Howell Brunswick Office Manager nhowellPnktene.com 910-287-5900 Norris, Kuske & Tunstall Consulting Engineers, Inc. 1429 Ash Little River Road Ash, NC 28420 From: Naugle, Mary [mailto:mary.naugle@ncdenr.gov] Sent: Tuesday, September 29, 2009 1:21 PM To: Jody Bland Cc: pnorris@nkteng.com; Engineers, Amy Norris / Norris, Kuske & Tunstall Subject: RE: SW8 080622 Calabash Town Center - Additional Information Request for Name/Ownership Change If there is no construction, then no PE cert is needed. We do need the correct signatures and titles of legal entities to proceed with name/ownership transfer. Mary Jean Naugle NCDENR Express permifting NC Division of Water Quality 127Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 910-796-7303 910-350-2004 fox marynaugle@ncdenr.gov Please note: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jody Bland [mailto:jbland@nkteng.com] Sent: Tuesday, September 29, 2009 1:14 PM To: Naugle, Mary Subject: RE: SW8 080622 Calabash Town Center - Additional Information Request for Name/Ownership Change AIIW M,d 41 rl 11111 y r. r .rt,1 119 1 r 4' �1 �y o: _ No construction has began to date They are currently finalizing their financing and plan to begin construction sometime in February or March. Thanks, Jody Bland \ORRIS. KUSKE �INCRSTALL CONSULTINGN ENGINEERS. INC Wilmington Office - 910-343-9653 Brunswick Office - 910-287-5900 Mobile - 910-512-8148 From: Naugle, Mary [mailto:mary.naugle@ncdenr.gov] Sent: Tuesday, September 29, 2009 1:04 PM To: Jody Bland Subject: RE: SW8 080622 Calabash Town Center - Additional Information Request for Name/Ownership Change Is there any bua on the ground ? Are they roads in yet ? Ponds? Bua ? Thankyoul Mary Jean Naugle NC DENR Express Permitting NC Division of Water Qualify 1276ardinal Drive Ext. Wilmington, NC 28405 910-796-7215 910-796-7303 910-350-2004 fax marynaugle @ncdenr. go v Please note: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jody Bland [mailto:jbland�nkteng.com] Sent: Tuesday, September 29, 2009 11:18 AM To: Naugle, Mary Subject: Read: SW8 080622 Calabash Town Center - Additional Information Request for Name/Ownership Change Your message was read on Tuesday, September 29, 2009 11:17:40 AM (GMT-05:00) Eastern Time (US & Canada). KIM NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor September 29, 2009 Stuart Cooke, Member -Manager Shallotte Partners, LLC 1 Causeway Drive Ocean Isle Beach, NC 28469 Division of Water Quality Colleen H. Sullins Director Subject: REQUEST FOR DESIGNER'S CERTIFICATION Stormwater Project No. SW8 080622 Calabash Town Center Brunswick County Dear Mr. Cooke: Dee Freeman Secretary On September 18, 2008, the Division of Water Quality issued a Stormwater Management Permit to you for the subject project. Per the terms and conditions of the permit, and Stormwater Regulation 15A NCAC 2H.10080), which stipulates the following: "Upon completion of construction, the designer for the type of Stormwater system installed must certify that the system was inspected during construction, was constructed in substantial conformity with plans and specifications approved by the Division and complies with the requirements of this Section prior to issuance of the certificate of occupancy." As of this date, our records indicate the required designer's certification has not been received. Operation of the stormwater system prior to submission of the required certification is a violation of NCAC 2H.10080) in accordance with NCGS 143-215.6. Construction is considered complete at the time the project is occupied by an owner or tenant for its intended use. Please submit the required certification by October 15, 2009. Failure to submit the certification is considered a violation of the permit, and is subject to enforcement action, per NCGS 143-215.6A. The Division received a request for transfer of ownership on August 20, 2009. The following is required to proceed with the transfer of ownership: 1. PE certification. 2. Notarized Signature of the 'current' permittee's certification on page 2 of the transfer of ownership form. Mr. Myers signed it. 3. Notarized Signature of the 'new' applicants certification on page 2 of the request form. It was left blank and Mr. Meyers signed the 'current' space. .4. List the name of the new permittee on the transfer request form. If the new owner is a legal entity, then the business must be registered with the North Carolina Secretary of State and the person who signs the permit request must be listed as a manager or member -manager. If there is no legal entity, then the 'new' applicant should sign as 'Owner'. 5. Permit compliance is required before transfer of ownership will be made. Please provide the PE certification so that the Division's site inspection can be completed to verify the designer's certification. The transfer of ownership can proceed after receipt of the above listed items. If you have any questions concerning this matter, please call me at (910) 796-7303. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 North CarOhna Internet: www.ncwaterquality.org Naturally l y An Equal Opportunity lAffrmative Action Employer (/yli {4 L,fG(( (`Sincerely, Mary Je N ugle GDS/mjn: S:\WQS\STORMWATER\PEREQ\080622 PE req sep09 cc: John Phillip Norris, PE, 910-343-9653, fax: 9604 Brunswick County Inspections Jeff Phillips, Brunswick County Engineer Wilmington Regional Offices, Central Files, M.J. Naugle James B. Meyers, III, New Applicant Managing Member P.O. Box 240038 Charlotte, NC 28224 (704)365-2600 Page 2 of 2 �l Naugle, Mary From: Naugle, Mary Sent: Tuesday, September 29, 2009 11:11 AM To: Engineers, Amy Norris / Norris, Kuske & Tunstall; pnorris@nkteng.com; jbland@nkteng.com Subject: SW8 080622 Calabash Town Center - Additional Information Request for Name/Ownership Change Attachments: 080622 pe req sep09.doc Phil; Please provide the PE cert and the correct signatures for the Name/Ownership Change that was submitted on August 20, 2009. Based on NC SOS listings, it appears that the new permittee is Integrated Partners, LLC, since James B. Myers, III is on that articles of organization, but I don't know since the last listing for Shallotte Partners, LLC is signed by Integrated Partners, LLC and David L. Myers. If the project is not finished, please submit a partial PE certification with status described if there is any BUA on the ground. The attached has been sent to the permittee. Thank you, Mary Jean Naugle NC DENR Express Permitting NCDivision of Water Quality 127Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 910-796-7303 910-350-2004 fax mars. nauale @ncdenr. ao v Please note: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. NORRIS, KUSKE & TUNSTALL J. Phillip Norris, P.E. John S. Tunstall, P.E. John A. Kuske, III, P.E. James T. Pyrtle, P.E. CONSULTING ENGINEERS, INC. James L. Lewis, Jr., P.E. J.A. Kuske, P.E. 902 Market Street • Wilmington, NC 28401-4733 • Phone (910) 343-9653 • Fax (910) 343-9604 E-Mail: office@nkteng.com LETTER OF TRANSMITTAL To: Ms. Jo Casmer Date: August 19, 2009 -11 Job No. 07128 NC DENR / Div of Wtr Qlty / Wtr Quality Section subject: Calabash Town Center 127 Cardinal Drive Extension Calabash, NC Wilmington, NC 28405-3845 WE ARE SENDING YOU VIA MAIL ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-287-5900 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 1 08-18-09 State Stowmwater Permit Name/Ownership Change Form 4&0 r 01p `o 0 ® ❑ FOR YOUR INFORMATION ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL FOR YOUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: Please note that there will a modification submitted shortly for this project which will include revised deed restrictions and Operation and Maintenance agreements for all three ponds. CC: SIGNED ose h K. Bland, Projecf Manager / neh t CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. C00ao7101.2e8 SOSID:0504755 Date Filed: 4/16/2009 9:26:00 AM LIMITED LIABILITY COMPANY (LLC) Elaine F. Marshall ANNUAL REPORT North Carolina Secretary of State c200907101288 I NAME OF LIMITED LIABILITYCOMPANY: INTEGRATED PROPERTIES. LLC STATE OF FORMATION: NC FISCAL YEAR ENDING: 12 / 31 / 08 MONTH/DAYNEAR SECRETARY OF STATE L.L.C. ID NUMBER:_ 0504755 It this Is 0e first annual report filing, YOU MUST COMPLETE THE ENTIRE FORM. If your LLC's Information has not changed since the previous report, please check the box and complete line 7. 1. REGISTERED AGENT & REGISTERED OFFICE STREET ADDRESS - INCLUDE COUNTY: Must be a North Carolina address! Name: Address: 2. REGISTERED OFFICE MAILING ADDRESS IF DIFFERENT FROM THE STREET ADDRESS 3. IF THE REGISTERED AGENT CHANGED, THE NEW AGENT MUST SIGN: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. ENTER PRINCIPAL OFFICE ADDRESS AND TELEPHONE NUMBER HERE: Address. _ Telephone Number, including area code 5. BRIEFLY DESCRIBE THE NATURE OF BUSINESS: 6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(SYMEMBER(S) OR IF THE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS: (ATTACH ADDITIONAL PAGES IF NECESSARY) NAME- DAU /d ` /i Ysr-N BUSINESSAOORESS- a L. > 0)e ZY_ m ss / t�hPi Me>`L6eK .4�94ied BAR c-#jhr Zd2 Z NAME- BUSINESS ADDRESS- NAME- BUSINESS ADDRESS- 7. CERTIFICATION OF ANN EPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES. 3 FORM MUST BE SIGNED BY A MANAOERIM R TE /(& G /ti tern-s MANAGERIMEMBER TYPE OR PRINT NAME TITLE ANNUAL REPORT FEE: $20g MAIL TO: Secretary of State • Corporations Division • Post Office BOX 29525 • Raleigh, NC 27626.0525 easzzr oz-rzao