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HomeMy WebLinkAboutSW8070671_Historical File_20130712i Intracoastal Engineering PLLc .0 IP-CEIVE JUL 1 1 2013 July 11, 2013 NCDENR Kelly Johnson REC� Division of Water Quality JUL 1 120'13 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Middle Sound Village Modification SW8-07o671 PN 2013-001 Dear Ms. Johnson, In response to your letter dated June 25, 2013, please find enclosed revised Infiltration Basin Supplements and Calculations for Basins #1 & #2. In response to your request for additional information: W"'"Walking Path: a. Mulch Path: Please verify that the mulch path is counted as the sidewalk impervious area in the impervious summary. b. Bridges: There is a walking path around the northeast side (the basins' side) of the project. There are two wooden bridges noted so that water can flow under them. One is over swale #7 and the other is over the vegetated area between the outlet of basin #2 and its scour hole (which is allowed because it was previously permitted.) I will include the following statement in the permit text rather than specify the designs of the bridges on the plans: "The basin must be operated with a Soft vegetated filter. Neither of the vegetated filter designs, which incorporate scour holes, has changed since the previous permit issued on January 25, 20o8. The walking path at the northeast side of the property has two wooden footbridges. One is over Swale 7, and the other is over the vegetated area between the outlet of basin #2 and its scour hole. These bridges must be constructed such that they do not impede water flow in the areas that they cross." i. The impervious area for the mulch path totals 1957 sf. We have added 330 sf to Basin #1 and 1627 sf to Basin #2. See attached Infiltration Basin Supplements. 91 Pelican Point Rd. Wilmington, NC 28409 (910)409-3567 Q.l Allies: Please verify that the two allies noted on the plans are included in the impervious area summary. a. All roads, drives and allies/parking were included in the impervious area summary. 3 Drainage Easements: Please show the dimensions and locations of the drainage easements for the two basins and filter strips on the plans. a. This design is for a townhome community. All areas of the property, except for the buildings themselves, are considered Open Space, Common Area, Access, maintenance, and drainage easements. See Notes 4, 9, and 12. 4. Permeable Pavement: Please verify that though permeable pavement appears on the plans that you aren't proposing it for impervious credit. I don't see any calculations or supplements/O&M for it, and so I believe that that is the intention? a. Yes, that is correct; we are not proposing it for impervious credit. Please review for approval and contact us with any questions, comments or additional information needed. Sincerely, Intracoastal Engineering PLLC Narles6e, FGF-INIEt .r 7/11/2013 Middle Sound Village 2013-001 CDC Infiltration Basin No 1 10-year Storm WATERSHED DATA Total Drainage Area sq. ft. acres 174,894 4.02 Impervious Area Land Use sq. ft. acres Buildings 52,000 1.19 parking/asphalt 31,521 0.72 concrete 2,405 0.06 Total 85,926 1.97 INFILTRATION SYSTEM: Rv= 0.49 infin Design Rainfall= 1.5 Volume of first 1.5 inches of runoff = (Design rainfall)(Rv)(Drainage Area) V= 10,734 cu-ft % impervious = 0.491 = 49.1 % say 49.0% CPRE = 0.25 CPOST = (% imp.)(.95)+(1% imp.)(.25) 0.6 12 = 5.06 in/hr 110 = 6.30 in/hr 125 = 7.13 in/hr Total Volume provided: ((Bottom Area + Flood Area)/2) x (Flood Elevation + Bottom Elevation) Area (so Elevation(ft) Vt= 21,869 cu-ft Bottom: 6,122 16.5 Flood: 8,457 19.50 DRAWDOWN RATE: RATE OF INFILTRATION: 3.7 IN/HR DEPTH OF BASIN: 36 IN DRAW DOWN RATE: 9.72972973 HRS ;C��pFESS� 0 0 SEAL �o = —� 032555 _ of GIN�����\\ ill 110 ECEIVE, JUL 112013 it BY: 7/11/2013 Middle Sound Village 2013-001 CDC Infiltration Basin No 2 10-year Storm WATERSHED DATA Total Drainage Area sq. ft. acres 184,677 4.24 Impervious Area Land Use sq. ft. acres Buildings 38,000 0.87 parking/asphalt 31,314 0.72 concrete 6,098 0.14 Total 75,412 1.73 INFILTRATION SYSTEM: Rv= 0.42 in/in Design Rainfall= 1.5 Volume of first 1.5 inches of runoff = (Design rainfall)(Rv)(Drainage Area) V= 9.672 cu-ft % impervious = 0.408 = 40.8% say 41.0% CPRE = 0.25 CPOST = (% imp.)(.95)+(1-% imp.)(.25) = 0.54 12 = 5.06 in/hr 110 = 6.30 in/hr 125 = 7.13 in/hr Total Volume provided: ((Bottom Area + Flood Area)/2) x (Flood Elevation + Bottom Elevation) Area (so Elevation(ft) Vt = 19,392 cu-ft Bottom: 5,371 16.5 Flood. 7,557 19.50 DRAWDOWN RATE: RATE OF INFILTRATION: 3.7 IN/HR DEPTH OF BASIN: 36 IN DRAW DOWN RATE: 9.72972973 HRS okl I I i111101 CA �G S C" •�� � ®®� Pd� 032555 GIN V � • GPI\ milt �! BUA DA Bottom Elev Storage Elev Bottom Surface Area Design/Required Volume Volume Provided SW8 070671: Impervious Summary - K. Johnson Notes (DWC) July 2013 Modification (Both Basins are in the Same Locations as Thev Were PermittPH in 2nnR 1 Ems► #1 Badn 42 1/25/13 Permit 7/12/13 Permit Impact 1125/13 Permit 7/12/13 Permit Impact 91,869 85,926 decrease 77,830 75,412 decrease 196,950 174,894 decrease 165,100 184,677 increase 16.50 16.50 - 16.50 16.50 - 19.50 19.50 - 19.50 19.50 - 6,600 6,122 decrease 4,556 5,682 increase 11,6451 10,734 decrease 9,780 9,465 decrease 23,7721 21,869 decrease 17,8641 19,392 increase Basin #1: The impervious, drainage area, bottom surface area, and required volume have all decreased. This basin's drainage area will continue to be covered under the 1995 rule. Basin #2: The impervious and the required volume have decreased. Though the bottom surface area has increased, it is not a result of having to contain a larger volume. This basin's drainage area will continue to be covered under the 1995 rule. sf sf msl msl sf -f :f A-7 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director June 25, 2013 Mr. Craig Briner, Manager AF-Middle Sound LLC 1330 Sunday Drive, Suite 105 Raleigh, NC 27607 Subject: Request for Additional Information Stormwater Project No. SWO 070671 Middle Sound Village New Hanover County Dear Mr. Briner. John E. Skvarla, III Secretary The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for Middle Sound Village on May 3, 2013. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1.) Walking Path: a. Mulch Path: Please verify that the mulch path is counted as the sidewalk impervious area in the impervious summary. b. Bridges: There is a walking path around the northeast side (the basins' side) of the project. There are two wooden bridges noted so that water can flow under them. One is over swale #7 and the other is over the vegetated area between the outlet of basin #2 and its scour hole (which is allowed because it was previously permitted.) I will include the following statement in the permit text rather than specify the designs of the bridges on the plans: "The basin must be operated with a 50ft vegetated filter. Neither of the vegetated filter designs, which incorporate scour holes, has changed since the previous permit issued on January 25, 2008. The walking path at the northeast side of the property has two wooden footbridges. One is over Swale 7, and the other is over the vegetated area between the outlet of basin #2 and its scour hole. These bridges must be constructed such that they do not impede water flow in the areas that they cross." 2.) Allies: Please verify that the two allies noted on the plans are included in the impervious area summary. 3.) Drainage Easements: Please show the dimensions and locations of the drainage easements for the two basins and filter strips on the plans. 4.) Permeable Pavement: Please verify that though permeable pavement appears on the plans that you aren't proposing it for impervious credit. I don't see any calculations or supplements/O&M for it, and so I believe that that is the intention? Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms to ensure that the numbers are consistent throughout. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-607-63001 FAX: 919.807-64921 DENR Assistance:1-877-623-6746 Internet: www.newatemualflv.om Nye Carolina aturallry An Equal Opportunity 1 Affirmative Action Employer Briner June 25, 2013 Page 2 of 2 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 July 25, 2013, or the application will be returned as incomplete. The return of a project will necessitate resubmission 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 kelly.p.johnson@ncdenr.gov. Sincerely, elly ohn;tal Envi Engineer GDS/kpj: S:1WQS1StormwaterlPermits & Projects120071070671 HD12013 06 addinfo 070671 cc: Charlie Cazier, PE Wilmington Regional Office Stormwater File Compliance Inspection Report Permit: SW8070671 Effective: 01/25/08 Expiration: 12/31/21 Owner: Af Middle Sound LLC Project: Middle Sound Village County: New Hanover 611 Middle Sound Loop Rd Region: Wilmington Wilmington NC 28412 Contact Person: Craig A Briner Title: Manager Phone: 919-861-2910 Directions to Project: Site is one mile from the intersection of Middle Sound Loop Rd., and NC 17. Stay left at the fork at Ogden Elementary School. Site is on the left. Type of Project: State Stormwater - HD - Infiltration Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 06/25/2013 Entry Time: 09:15 AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ■ Compliant ❑ Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Exit Time: 09:45 AM Phone: 910-796-7331 Inspection Type: Transfer Renewal Page: 1 Permit: SW8070671 Owner - Project: Af Middle Sound LLC Inspection Date: 06/25/2013 Inspection Type: Transfer Renewal Inspection Summary: File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Reason for Visit: Routine Comment: There are old, overgrown gravel roads in place that appear from Google Earth to have been there for a long time. The subdivision has not been developed. -No PE Certification is required until the site is developed. -Transfer paperwork has been submitted. Th O&M Agreement is signed by the incoming permittee, AF-Middle Sound LLC -The original permit required deed restrictions. However, per the engineer the townhomes will be sold without land assocated with the buildings and so deed restrictions will not be required. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: Not developed. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Yes No NA NE ■ ❑ ❑ ❑ ❑❑■❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ Yes No NA NE ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ Yes No NA NE Comment: No built. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ■ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ■ ❑ upon request? Comment: No built. Page: 2 �W$ O`ICCa`lI NEW HANO v ER COUN1 I PLANNING & INSPECTIONS 3 r DEPARTIIENT s= AGENCY CHECKLIST ' su+Hrn`'`. Project Name: Sam Burgess Senior Planner 230 Government Center Dr, Suite 110 Wilmington, NC 28403 910-798-7441 phone 910-798-7053 fax sburgess@nhcgov.com www.nhcgov.com _Preliminary Plan (Conventional, Performance, High Density) • Engineering/ Jim Iannucci/Jason Clark • Soil & Water Conservation District/ Dru Harrison • Emergency Services/ Warren Lee • Fire Services/ Matt Davis/Tom Sosebee • E911/ Deborah Cottle • Environmental Health/Cathy Timpy (only if plan proposes well or septic tank) • Cape Fear Public Utility Authority/ Bernice Johnson/Ken Harrell APR 2 g 2013 .a/ —Additional Agencies: BY• • Corps of Engineers/ Emily Hughes • School System/ Mick Wayne • NCDOT/ David Leonard • MPO/ Tara Murphy • Division of Coastal Management/ Robb Mairs (plan sent if land is adjacent to coastal water) • D.E.M./ Linda Lewis City of Wilmington Development Services/ Ron Satterfield Minor Subdivisions are sent to the following agencies for additional comments. • Engineering/ Jim Iannucci/dason Clark • Environmental Health/ Cathy Timpy • CFPUA/ Bernice Johnson/Kent Harrell _ Final subdivisions are sent to the following agencies for additional comments. • Fire Services/ Matt Davis/Tom Sosebee • Engineering/ Jim Iamucci/Jason Clark • CFPUA/ Bernice Johnson/Kent Harrell Upon receipt, please provide your written comments on the attached site plan back to Planning & Inspections within (3) three weeks. Sender Comments: f ID nA� ��u nr..� 4, �, 4tl ckr- I.&d AQ-4 014A EDZS> >•te. c� A- i Johnson, Kelly From: Charlie Cazier [Charlie@!ntracoastalengineering.com] Sent: Friday, May 10, 2013 7:56 AM To: Johnson, Kelly Subject: RE: SW8 070671, Middle Sound Village Attachments: Recorded DEED.PDF Kelly, Here is the copy of the deed transferring to AF-Middle Sound LLC. Thank you for your patience. Please let me know if you need anything else or if you need me to bring hard copies of this information to your office. Have a great weekend, Charlie 1-tr acoastal Engineering PLLC., 91 Pelican Point Rd. Wilmington, NC 28409 910-409-3567 NOTICE: This electronic correspondence and all attachments may contain privileged information intended only for the use of the addressee. Any information contained within this correspondence is provided for your convenience. No assertion of accuracy is made by Intracoastal Engineering, PLLC unless physical documents are obtained, sealed AND signed. User assumes all responsibility for use of this digital information. From: Johnson, Kelly[mailto:kelly.p.johnson(.ancdenr.govl Sent: Thursday, May 09, 2013 1:14 PM To: Charlie Cazier Subject: RE: SW8 070671, Middle Sound Village What about the ownership issue? From: Charlie Cazier fmailto:CharlieCaintracoastalengineering.coml Sent: Tuesday, May 07, 2013 10:32 AM To: Johnson, Kelly Subject: RE: SW8 070671, Middle Sound Village Kelly, Here is the Manager/Signature Authorization info. Thanks, Charlie Intracoastal Engineering PLLC. % Pelican_ Point Rd. t'Ainl.ington, NC 2F oc:. 910-409-3567 r NO-TICE: This electronic correspondence and all attachments may contain privileged information intended only for the use of the addressee. Any information contained within this correspondence is provided for your convenience. No assertion of accuracy is made by Intracoastal Engineering, PLLC unless physical documents are obtained, sealed AND signed. User assumes all responsibility for use of this digital information. From: Johnson, Kelly[mailto:kelly.p.johnson(a)ncdenr.gov] Sent: Monday, May 06, 2013 9:58 AM To: Charlie Cazier Subject: SW8 070671, Middle Sound Village Charlie, We received this application, and I have a couple of questions for you about the transfer. The permit is written to Wilshire Management Group, LLC, and a transfer request has been submitted. The "new" permitee is to be AF-Middle Sound LLC. 1.) Proposed Permittee: a. Manager: Since this is a new corporation, the Secretary of State does not have the annual report online listing the managers (it is manager -managed). Craig Briner is listed as the organizer and as the registered agent, but not as the manager. We will need some sort of documentation that he is a manger of the LLC to establish that he has signature authority. Or, if he is not a manager then we will need all of the appropriate paperwork to be signed by the manager. b. Owner: The deed shows that Agarwal Family III, LLC is the owner, but the application lists the owner as AF-Middle Sound LLC. If the permit will be written to an entity other than the entity shown on the deed it will have to be documented in the application and transfer form with the appropriate individuals signing the forms. (See section Ill,c of the application.) 2.) Current Permittee: This line is just FYI to document for the file. The current permittee is dissolved, but since the most recent manager of the permitted entity signed the transfer form this will be OK per Georgette Scott. 3.) Fee: We will return this fee. This is the first transfer for this project, and the first one is free. We try to get this type of thing resolved before we accept the application because it can often take a while, and the permit therefore ends up taking a really long time to process. Is this something that can be resolved fairly quickly (maybe submitted by COB Wednesday?) Or, would it be better for me to return the package. 1<'6L�iDhVASDo' Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 RECEIVE MAY 10 2013 Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded. 2013 May 08 11:56 AM RE Excise Tax$0.00 Book: 5735 Page: 420 Fee. $26.00 Instrument Number.2013016610 Nonstandard Fee: NORTH CAROLINA QUITCLAIM DEED Excise Tax: SAO TPTI.E SEARCH PERFORMED, NO OPINION RENDERED, DESCRIPTION PROVIDED Parcel Identifier No R04400-003-121-000 Property Address: 611 Middle Sound Loop Road, Wiknington NC o Prepared By: Baker & Colby, PLLC W Return to: 1001 Military Cutoff Road, Suite 204 c Wilmington, NC 28405 Co BriefDescmption for the Ind= N THIS DEED ma&e this 7 day of Agwwal Family HL LLC A North Carolina Limited Liability Company 2013, by and between GRANTEE AF — MIDDLESOUND, LLC A North Carolina Limited Liabdity Company Mailing Address: 133O 5 r• 1N 9u5 That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, the receipt of which is hereby acknowledged, has remised and released and by these presents does remise, release, convey, and forever quitclaim unto the Grantee, his heirs and/or successors and assigns, all right, tide, claim and interest of the Grantor in and w a certain lot or parcel of land lying and being in Ne�anover County, North Carolina and more pardculady described as follows: See Exhibit "A" TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges thereunto belonging to him, the Grantee, his heirs and/or successors and assigns, free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under h= submitted electronically by "Baker & Colby, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by contest. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. l ily IIL ab (SEAL")Bara Title-.�._� a (SEAL) Title: (SEAL) By; oa Title: (SDI') SEAL -STAMP W_ U-C County State of N 6- I certify that the following person(s) personally appeared before me this day, each ;� • BUCH,y� acknowledging to me that he or she voluntarily signed the foregoing document for the O guy n purpose stated thenlia and in the capacity indicatedbill Vk^Ajj' • �G = Date. 2oi ��=y2azr My commission expires: + Printed Name: T. Notary Public SEAL,STAMP County State of I certify that the following person(s) personally appeared before me this day, each admowledging to me char he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Date: My commission expires: Printed Name: . Notary Public The foregoing Certificate(s) of is/= certified to be correct. 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ARTICLE I Formation: Purpose The Company was formed on the 28th day of January, 2013, upon the filing of the Company's Articles of Organization with the North Carolina Secretary of State. The Company is formed for the object and purpose of, and the nature of the business to be conducted and promoted by the Company is, to engage in any lawful act or activity for which limited liability companies may be formed under the North Carolina Limited Liability Company Act. ARTICLE II Capital Contributions The Member contributed the property described in Exhibit A, attached hereto to the Company as Member's Capital Contribution. The Member shall not be required to make additional Capital Contributions to the Company but may do so at any time and from time to time, with such additional Capital Contribution described in Exhibit A. The Manager shall cause such Capital Contributions to be recorded on the books and records of the Company. No interest shall accrue on any Capital Contribution and the Member shall not have the right to withdraw or be repaid any Capital Contribution except as provided in this Agreement. ARTICLE III Mana ement 3.1 AIWLority. The Manager of the Company shall have authority to bind the Company and to execute any and all documents on behalf of the Company necessary for the conduct or continuance of the business of the Company. 3.2 Management by the Manager. The managers of the Company shall be Agarwal Family III, LLC, Matt Desvergers and Craig Briner ("Managers"). The Managers shall have complete authority and exclusive control over the management of the business and affairs of the Company. The Managers shall serve at the pleasure of the Member, and may be removed at any time by the Member's sending written notice of removal to such Managers. The Managers may resign as Manager at any time by sending written notice of resignation to the Member of the Company. The Managers may appoint such other officers, with such titles, duties, and 692030.XW.23182.G41963 compensation as may be designated by the Managers, subject to any applicable restrictions specifically provided in this Agreement or contained in the Act. Any officer may resign at any time by giving written notice thereof to the Managers, and may be removed at any time by the Member's sending written notice of removal to such officer. 3.3 Officers. The officers of the Company may consist of such officers as may be appointed or removed from time to time by the Managers. The officers of the Company shall possess such powers and duties are customarily are associated with their respective offices, subject to the general direction and supervision of the Managers. 3.5 Operation of Company as a Separate Ente rise. The Managers shall cause the Company to conduct its business and affairs separate from those of the Managers or the Member, or any of the affiliates of the Manager or the Member. In furtherance of the foregoing, the Managers shall (i) segregate and otherwise account for the Company assets and not allow funds or other assets of the Company to be commingled with the funds or other assets owned by, or registered in the name of, the Managers, the Member or any affiliate of the Managers or Member; (ii) maintain books, bank accounts, and financial records of the Company separate from those of the Managers or the Member, or their respective affiliates; (iii) observe all Company procedures and formalities, including maintaining current records of the affairs of the Company and the minutes of the meetings and written consents of the Managers and of the Membcr; (iv) cause the Company to pay its liabilities from Company assets; (v) cause the Company to conduct its dealings with third parties in its own name and in all respects hold itself out as a limited liability company that is separate from and independent of the Managers and the Member; and (vi) engage in transactions with the Managers or the Member, and any affiliate of the Managers or the Member, only on arms -length terms in accordance with this Agreement. ARTJCLE IV Li&hty 4.1 Liability of Member. The Member shall not have any liability for the obligations or liabilities of the Company except to the extent provided in the North Carolina Limited Liability Company Act. 4.2 Exculpation. The Member, whether acting as Member, in its capacity as Manager (if applicable), or in any other capacity, shall not be liable to the Company or to any other Covered Person for any loss, damage or claim incurred by reason of any act or omission (whether or not constituting negligence or gross negligence) performed or omitted by the Member in good faith, and no other Covered Person shall be liable to the Company or any other Covered Person for any loss, damage or claim incurred by reason of any act or omission performed (whether or not constituting negligence) or omitted by such Covered Person in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of authority conferred on such Covered Person by this Agreement, except that a Covered Person (other than the Member, irrespective of the capacity in which it acts) shall be liable for any such loss, damage or clai~n incurred by reason of such Covered Person's gross negligence or willful misconduct. For purposes of this Agreement, the term "Covered Persons" means the Managers, 692030.JLW.23182.G41963 2 the Member, any affiliate of the Managers or Member and any officers, directors, shareholder, partners or employees of the Managers or Member and. their respective affiliates, and any officer, employee or expressly authorized agent of the Company or its affiliates. 4.3 Indemnification. To the fullest extent permitted by applicable law, the Member (irrespective of the capacity in which it acts) shall be entitled to indemnification from the Company for any loss, damage or claim incurred by the Member by reason of any act or omission (whether or not constituting negligence or gross negligence) performed or omitted on behalf of the Company, and any other Covered Person shall be entitled to indemnification from the Company for any loss, damage or claim incurred by such Covered Person by reason of any act or omission (whether or not constituting negligence) performed or omitted by such Covered Person in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of authority conferred on such Covered Person by this Agreement, except that no Covered Person (other than the Member, irrespective of the capacity in which it acts) shall be entitled to be indemnified in respect of any loss, damage or claim incurred by such Covered Person by reason of gross negligence or willful misconduct with respect to such acts or omissions; provided, however, that any indemnity under this Section 4.3 shall be provided out of and to the extent of Company assets only, and no Covered Person shall have any personal liability on account thereof. 4.4 Expenses. To the fullest extent permitted by applicable law, expenses (including legal fees) incurred by a Covered Person in defending any claim, demand, action, suit or proceeding shall, from time to time, be advanced by the Company prior to the final disposition of such claim, demand, action, suit or proceeding upon receipt by the Company of an undertaking by or on behalf of the Covered Person to repay such amount if it shall be determined that the Covered Person is not entitled to be indemnified as authorized in Section 4.3. ARTICLE V Profits, Losses, Distributions Solely for federal and state tax purposes and pursuant to Treas. Reg. § 301.7701, the Member and the Company intend the Company to be disregarded as an entity that is separate from the Member. Accordingly, all allocations of profit and loss of the Company and all assets and liabilities of the Company shall, solely for state and federal tax purposes, be treated as that of the Member pursuant to such regulations. For all other purposes (including, without limitation, limited liability protection for the Member from Company liabilities), the Member and the Company intend the Company to be respected as a separate legal entity that is separate and apart from the Member. The Managers shall determine the timing and amount of all distributions. ARTICLE VI Transfer of Interest The Mcmbcr may sell, assign or otherwise dispose of all or any portion of the Member's interest in the Company at any time pursuant to a writing signed by the Member. 692030.JLW.23182.G41963 3 ARTICLE VII Dissolution and Windinga Up The Company shall be dissolved and its affairs wound up by written action of the Member and Managers. Upon the winding up of the Company, the Company's assets shall be distributed: (i) to creditors, including a Member if a creditor, to the extent permitted by law, in satisfaction of the liabilities of the Company, then (ii) to the Member. Such distributions shall be in cash, property other than cash, or partly in both, as determined by the Managers. ARTICLE VIII Miscellaneous 8.1 Entire Agreement; Rights and Interests. This Agreement constitutes the entire agreement of the parties with respect to the matters covered hereby and supersedes any previous agreements, whether written or oral. The undersigned hereby stipulate and acknowledge that there are no other understandings, expectations or agreements, either written or oral, respecting their rights and entitlements. The undersigned hereby covenant and agree that no such understandings, expectations or agreements that may hereafter arise shall be cognizable or enforceable unless the same shall be reduced to writing signed by the parties to be charged. 8.2 Amendment. Neither this Agreement nor any of the terms and conditions herein set forth may be altered or amended verbally. Any alteration or amendment shall only be effective when reduced to writing and signed by the Member and Managers, or their successors and assigns. In connection with the admission of an additional member of the Company, this Agreement shall be amended by the Member and Managers to make such changes as they shall determine to reflect the fact that the Company shall have more than one member, provided that the failure to so amend this Agreement shall not invalidate any otherwise valid assignment or transfer made by the Member. 8.3 Governing Law. This is a North Carolina agreement, and it shall in all respects be governed by and be interpreted in accordance with the laws of North Carolina, excluding its conflict of laws provisions. All unresolved claims or disputes arising between the parties bound by this Agreement that relate to this Agreement or the Company shall be adjudicated in the courts of the State of North Carolina sitting in Wake County. 8.4 Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 8.5 Other Ventures; Competing Business Except as othcrwise expressly provided in this Agreement or the Act, neither the Member nor any of the Member's employees, 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 692030.JLW.23182.041963 4 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 businesses by any such person. shall not give rise to any claim for an accounting by the Member or the Company or any right to claim any interest therein or the profits therefrom, [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 692030.JLW.231 S2.G41963 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day, time and year first written above. AGARWAL FAMILY III, LLC TAGER:;+ I i t Sajjan kumar Agarwal MANAGER: Craig BritQ THE COMPANY: AF-MIDDLESOUND, LLC By: kC 4 Giro (C)LAd `.',-.p Sajja Kumar Agarwall Manager 692030.JLW.23182.G41963 6 EXHIBIT A CAPITAL CONTRIBUTIONS Member Cgpital Contribution Units Agarwal Family III, LLC $1,001,619.09 100 692030.JL W.23182. G41963 Completeness Review Checklist Project Name: labgLf n) �Received Date: Sh)1, Project Location: Accepted Date: Ruie(s) 008 Coa tal 995 Coastal ®Phase II (WiRO) ®Universal �1988 Coastal [ .1rT4kk:1' Type of Permit: New Density: HD or Subdivided?: Su div Existing Permit # (Mod or PR): 0,70�09 1 EDPE Cert on File? Type: Commercial or Re de ial ONCG: Stream Class: SA Map Offsite to SW8 Single Lot I MORW Map MExempt Paperwork Emailed Engineer on: * 151q l C75 71Supplement(s) (1 original per BMP) BMP Type(s): 9,,QA 1ft4kn5 (160- MM 141-)3 113 l'ejJ Zt5 �O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures ®Corp or LLC: Sig. Auth. per SoS or letter ®Deed 71$505 (within 6mo) 7]Soils Report with SHWT Note to Reviewer Calculations(signed/sealed)—TR(aNSF�R OW) uRei �No obvious errors "Ci`�n71; GJSso� v� � ��ce�' Density includes common areas, etc v �.Aeed Restrictions if subdivided: ' Qf 405-VD! 5<JA)(O ®g Si ned &Notarized Correct Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. 1106yiNmi'F)01k rq )CAM41 glans :1L Sets Grading Vicinity Map Legend nfiltration Soils Report SHWT: Bottom: Visited: %dditional Information: WA (sf) )A (sf) 'P (el) SHWT (el) )epth (ft) ')A (sf) ILJ,Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, 130iidings, eic) ®Wetlands: Delineated or No Wetlands ®Layout (proposed BUA dimensions) ElDA Maps ®Project Boundaries Wet Pond ®Soils Report SHWT: PP: Offsite PE Cert for Master Deed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): �O'W, / m ply tb ' ,AOAO*At C`Eo CAS ��04 On 7 Lot #: ElLot # Matches Master sf sf CLCCdW Intracoastal Engineering PLLc May 2, 2013 NCDENR Kelly Johnson Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Middle Sound Village Modification SW8-07o671 PN 2013-001 Dear Ms. Johnson, RECT MAY 0 3 2013 ECEIVE MAY 0 3 200 BY: In response to your letter dated April 23, 2013, please find enclosed (1) Transfer of Ownership with $40 fee. (i) NCSoS Printout showing AF-Middle Sound LLC as in good standing. (i) Highlighted Drainage Area Map. In response to your request for additional information: f. Transfer: This permit was written to Wilshire Management Group, LLC. This permit will have to be transferred before it can beAVffftq to another entity. (1 a. Transfer of Ownership form enclosed wit' $4o�fee.---7 rr�2. Green Hawk Corporation: The NC Secretary of Stecord of several'�`� corporations with similar names, but it does not have record of this corporation. Please ensure that the applicant listed on the application is an active entity in good standing with the NCSoS. Please also ensure that the name of the entity on the application matches the spelling and punctuation of the entity registered with the NCSoS. a. AF-Middle Sound LLC is the correct Corporation. NCSoS printout enclosed. 3. Drainage Area Map: Please submit a drainage area map. a. D.A. Map enclosed 4. Deed Restrictions: The current permit is written to include deed restrictions. Generally, deed restrictions are written for townhome lots if the homeowner will have land associated with the townhome. Some townhomes only include the building, and do not have associated land owned by the homeowner. Deed 91 Pelican Point Rd. Wilmington, NC 28409 (910)409-3567 restrictions were not included with this submittal. Please include them in your resubmittal if applicable. a. This layout does not account for any land other than building footprint. No deed restrictions needed. 5. Resign Note: This project has two infiltration basins. If either basin increases the impervious area to be permitted, or increases the size of the overall stormwater controls then the basin design will trigger the need to be covered under the 2oo8 rule (SL2oo8-211 Section 2(d)(5)) and the design will be a hybrid of the 1995 rule (already permitted) and the 2oo8 rule (for any new area.) For Basin #i the impervious, drainage area, bottom surface area, and required volume have all decreased. This basin will continue to be covered under the 1995 rule. For Basin #2 the impervious, and bottom surface area have decreased. The drainage area, increased. However, since there has not been an increase in impervious area there is no "new" impervious to apply the 20o8 design storm to. If there are any new design requirements that have been added since this permit was issued in January 2oo8, then Basin #2 will be subject to those. However, I am not aware of any such requirements following the initial review. a. Noted. We feel the package meets necessary requirements. Please review for approval and contact us with any questions, comments or additional information needed. Sincerely, Intracoastal Engineering PLLC OAX� - Charles D. Cazier, P. . CA201027000482 SOSID: 0723665 LIMITED LIABILITY COMPANY (LLC) Date Filed: 9/27/2010 5:04:00 PM Elaine F. Marshall ANNUAL REPORT North Carolina Secretary of State CA201027000482 NAME OF LIMITEOLUIBILITYCOMPANY: Ailshire Management Groufl, LLC STATE OF FORMATION; JX FISCAL YEAR ENDING: 12 % 3l / 0 9 MONTMMYIYEAR SECRETARY OF STATE L.LC. ID NUMBED is 7 2 3 6 6 5 If this Is the first annual report filing, YOU MUST COMPLETE THE ENTIRE FORM. If your LLC's bftmation has not changed sakce the previous report, please check the box and complete thke 7. ® ` 1. REGISTERED AGENT & REGISTERED OFFICE STREET ADDRESS -INCLUDE COUNTY: Must be a North Carolina addreul Name: Address: 2. REGISTERED OFFICE MAILING ADDRESS IF OIFFERENT 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 WE, TITLE, AND BUSINESS ADDRESS OF MANAGER(SYMEMBER(S) OR IFTHE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS: (ATTACH ADOMONAL PAGES IF NECESSARY) NAME- BUSINESS ADDRESS- NAME- BUSINESS ADDRESS- NAME- BUSINESS ADDRESS- 7. CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES. ,x- xf. FORM MUST 1161GNED BY A MANABER/MEMBER ,�4n -L,- /I , S • .+t,, . c-.,,Q TYPE OR PRINT NAME Iv ?/ol,Ilr v DATE ANNUAL REPORT FEE* $200 MAIL TO: Secretary otState • Corporatons OWWon • Post Offee Box 29525 • Raleigh, NC 27MOS26 smal 0M14.00 CA201027000482 CA201027000481 ANRC-Annual Report LLC Rosie's Plate, LLC 701 N Person St Raleigh, NC 27604 Received Bate: 09/27/2010 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. WILSHIRE MANAGEMENT GROUP, LLC (0723665) 3301 Wrightsville Avenue Wilmington, NC 28403 State of Worth Carolina Department of the Secretary of State CERTIFICATE OF ADIVIINISTRATIVE DISSOLUTION I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that WILSHIRE MANAGEMENT GROUP, LLC has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57C-6-03. This the 4th day of April, 2012 ' & It Elaine F. Marshall Secretary of State Document Id: C201209502542 SOSID: 723665 Date Filed: 4/30/2004 3:20:00 PM Elaine F. Marshall North Carolina Secretary of State C200412100271 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. l . The name of the limited liability company is: WILSHIRE MANAGEMENT GROUP, 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: December 31, 2054. 3. The name and address of each person executing these articles of organization is as follows: W. TALMAGE JONES, ESQ., ORGANIZER 101 SOUTH THIRD STREET WILMINGTON, NC 28401 4. The street address and county of the initial registered office of the limited liability company is: Number and Street: 3301 Wrightsville Avenue City, State, Zip Code: Wilmington, NC 28403 County: New Hanover 5. The mailing address if different frost the street address of the initial registered office is: (the same as stated above). 6. The name of the initial registered agent is: PATRICK BRADLEY SOUTHERLAND 7. Check one of the following: X (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3- 20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 8. Any other provisions which the limited liability company elects to include are attached. 9. These articles will be effective upon filing, unless a date and/or time is specified: This is the 29th day of April, 2004. WILSHIRE MANAGEMENT GROUP, LLC a North Carolina limited liability company BY: W. TALMAGA JON V6AN ER v V d o � o 4-- M O T L Nd IA r L� O1 c G7 N OC Te Ua oc '� 0 6� V �0 N v> LO °u0 mx L __ r - ca JN� J> a o,c Ma .r .00 u°a°+aci �L .9rzed m-5. od ouurl e�LN W z W e=4j L r Q u w o w r-u2 W C L 01r ++ a d ++ 2 r .10 E U 1+ Ma 2 r- .1 0 Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded 2013 Jan 31 04:11 PM RE Excise Tax:$2,000.00 Book: 5708 Page.,1662 Fee: $26.00 Instrument Number.2013003648 Non -Standard Fee: NORTH CAROLINA GENERAL WARRANTY DEED Revenue Stamps: $2,000.00 A 6 Account No.: Parcel Identifier No.: R04400-003-121-000 Mail after recording This instrument was prepared by: David G. Martian, Smith Moore Leatherwood LLP 300 North Third Street Suite 301, Wilmington. NC 28401 (without title examination) Brief description for the Index: 9.93 Acres. Middle Sound Loop Road THIS DEED made this 30 day of January, 2013 by and between GRANTOR MMI"; SC-t M SMUTIMIC PAR U)C� a NW& Carolina limited liability company 410 Loder Avenue Wilmington, North Carolina 28409 GRANTEE ACARWAIv ; `Awiiii, i III, Li.C, a North Carolina limited liability company 1330 Sunday Drive, Suite 105 Raleigh, North Carolina 27607 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by this reference... MAY 0 3 2013 WILM[NG'rOPE 53417.1 1 Subject, however, to covenants, restrictions, rights -of -way, easements and other encumbrances of record affecting said property; ad valorem taxes not yet due and payable; and all governmental land use statutes, ordinances and regulations, including, without limitation, zoning, subdivision and building regulations. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5672, page 1174, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions herein stated above. The property described herein 0 does Adoes not include the primary residence of the Grantor. (SIGNATURE PAGE AND NOTARY ACKNOWLEDGMENT FOLLOWS) W1LMMTON 53417.1 2 IN WITNESS WHEREOF, the Grantor has hereto caused this instrument to be executed by its duly executed officer the day and year first above written. GRANTOR: MIDDLE SOUND STRATEGIC PARTNERS, LLC By: Name: Brad Southerland Title: Manager By; _ a..; V,--1 Name: Christopher Ward Title: Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Brad Southerland and Christopher WarcL Manners of Middle Sound Strategic Partners, LLC Today's Date: January M 2013. DAVID G MARTIN WTMYPU&X NEW HANOVER COUNTY NC [Affix Notary Seal in Space Above] [Notary s signature as name appears on seal] Wifi) e. tict r,J [Notary's printed name as name appears on sea]] My commission expires:. WILMINMN 53417.1 3 Exhibit A That real estate located in the County of NEW HANOVER, State of NORTH CAROLINA, more particularly described as follows: Property at 611 Middle Sound Loop Road in Harnett Township in New Hanover, North Carolina, containing 9.92 acres, more or less, Tax Parcel Identification Number R04400-003-121-000, and being more particularly described in the deed recorded in Book 3390 at Page 603 in the New Hanover and the attached legal description to be taken as a part of this instrument as though fully set out therein. Beginning at an existing iron pipe in the northern line of Middle Sound Loop Road (S. R. # 1403, 60 foot public right-of-way), said pipe marking the southwestern corner of a tract of land conveyed to Buster Mincey and wife, Minnie B. Mincey as recorded in deed book 904 page 202 of the New Hanover County Registry, said iron pipe also being located North 87 degrees 39 minutes 50 seconds West 324.81 feet, South 87 degrees 39 minutes 48 seconds West 159.74 feet, South 84 degrees 10 minutes 56 seconds West 75.47 feet, South 83 degrees 41 minutes 35 seconds West 93.15 feet and South 84 degrees 19 minutes 13 seconds West 235.08 feet from a concrete monument marking the intersection of said line of Middle South Loop Road with the centerline of South Branch Road (60 foot public right-of-way); running thence from said point of beginning with the nortbem line of Middle Sound loop Road along a curve to the North having a radius of 2,377.17 feet and a chord bearing and distance ofNorth 87 degrees 36 minutes 56 seconds West 420.61 feet to an existing iron pipe marking the southeastern corner of Lot 162 Section 5 & 6 Phase 1 Emerald Forest as recorded in Map Book 36 Page 253 of said registry, thence leaving said right-of-way line and running with the eastern line of Emerald Forest subdivision North 06 degrees 26 minutes 25 seconds East 133.75 feet to an existing iron rod, North 48 degrees 37 minutes 13 seconds East 93.96 feet to a set iron pipe marking the northeastern corner of Lot 160 Emerald Forest, North 41 degrees 22 minutes 47 seconds West 177.19 feet, North 45 degrees 25 minutes 04 seconds West 15.07 feet to a set iron pipe marking the southeastern corner of Lot 155 Emerald Forest, North 49 degrees 57 minutes 10 seconds East 381.18 feet to an existing iron rod marking the northeastern comer of Lot 153 of said section and phase of Emerald Forest and the southernmost corner of Lot 169 Section 6 Phase 2 Emerald Forest as recorded in Map Book 39 Page 25 of said registry; running thence with said section and phase of Emerald Forest North 49 degrees 56 minutes 58 seconds East 327.12 feet to an existing iron rod marking the northeastern corner of Lot 167 of said section and phase of Emerald Forest and South 44 degrees 57 minutes 39 seconds East 123.66 feet to an existing iron rod marking the southeastern corner of Lot 150 of said section and phase of Emerald Forest and the southwestern corner of Lot 140 Section 6 Phase 3-B Emerald Forest as recorded in Map Book 41 Page 291 of said registry; running thence with said section and phase of Emerald Forest South 45 degrees 00 minutes 58 seconds East 123.73 feet to an existing iron pipe and South 44 degrees 41 minutes 15 seconds East 298.23 feet to an existing iron rod in the northwestern line of a tract of land conveyed to Leon A. Padrick and wife, Betty J. Padrick as recorded in Deed Book 1164 Page 1542 of said registry, said pipe marking the southernmost corner of Lot 139 of said section, and phase of Emerald Forest; running thence with the northwestern line of the above mentioned Padrick tract South 47 degrees 32 minutes 19 seconds West 174.90 feet to an existing iron pipe marking the northwestern comer of said Padrick tract and the northeastern corner of a tract of land conveyed to Florence P. Aycock as recorded in Deed Book 2893 Page 609 of said registry; running thence with the northwestern line of said Aycock tract South 47 degrees 32 minutes 19 seconds West 42.85 feet to an existing iron pipe WILMINGTON 53417.1 4 marking the northwestern corner of said Aycock tract and the northeastern corner of the above mentioned Mincey tract; running thence with the northwestern line of said Mincey tract South 47 degrees 32 minutes 19 seconds West 411.50 feet to the point of beginning. Containing 9.93 acres more or less and being a portion of the Ann I King; tract as recorded in Deed Book 737 Page 294 and all of a tract of land conveyed to Ann J. King as recorded in Deed Book 2154 Page 528 of said registry. Subject to all utility easements of record. WILKNOTON 53417.1 5 C201302800046 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSID:1298849 Date Filed: 1/28/2013 2:29:00 PM Elaine F. Marshall North Carolina Secretary of State C201302800046 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: AF - Middlesound 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: Qfno date for dissolution is specified, there shall be no limit on the duration of the limited 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 organization in the capacity of a member, organizer or both. Note: This document must be signed by all persons listed here). Craig A. Briner, Organizer 1330 Sunday Drive, Suite 105 Raleigh, NC 27607 4. 5. 6. 7. The street address and county of the initial registered office of the limited liability company is: Number and Street 1330 Sunday Drive, Suite 105 City, State, Zip Code Raleigh, NC 27607 County Wake The mailing address, tf different from the street address, of the initial registered office is: The name of the initial registered agent is: Craig A. Briner Principal office information: (Select either a or b) a. ❑✓ 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 1330 Sunday Drive, Suite 105 City, State, Zip Code Raleigh, NC 27607 County Wake The mailing address, tf different from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. C201302800046 8. Check one of the following: (i) Member-ma»aged LLC: all members by virtue of their status as members shall be managers of this limited liability company. , Manager -managed UC: except as provided by N.C.G.S. Section 57C-3-20(a), the, members of this limited liability company shall 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: This is the 24 day of January ' 20 13 AF - Middlesound LLC Si azure Craig A. Briner, Organizer Type or Print Name and Title NOT ES: 1. Filing fee Is S125. This document must be filed with the secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January2002) (Form L-01) Instructions for Filing Johnson, Kelly From: Johnson, Kelly Sent: Monday, April 29, 2013 3:14 PM To: Isburgess@nhcgov.com' Subject: Middle Sound Village, DWQ Review Sam, We received your request for comments on this proposal. We are aware of the upcoming changes, and are in contact with the design engineer to get those changes made to our permit. We received an application to modify their permit recently, but returned it on 4/23 requesting the following items: 1. Transfer: This permit was written to Wilshire Management Group, LLC. This permit will have to be transferred before it can be written to another entity. 2. Green Hawk Corporation: The NC Secretary of State has record of several corporations with similar names, but it does not have record of this corporation. Please ensure that the applicant listed on the application is an active entity in good standing with the NCSoS. Please also ensure that the name of the entity on the application matches the spelling and punctuation of the entity registered with the NCSoS. 3. Drainage Area Map: Please submit a drainage area map. 4. Deed Restrictions: The current permit is written to include deed restrictions. Generally, deed restrictions are written for townhome lots if the homeowner will have land associated with the townhome. Some townhomes only include the building, and do not have associated land owned by the homeowner. Deed restrictions were not included with this submittal. Please include them in your resubmittal if applicable. 5. Design Note: This project has two infiltration basins. If either basin increases the impervious area to be permitted, or increases the size of the overall stormwater controls then the basin design will trigger the need to be covered under the 2008 rule (SL2008-211 Section 2(d)(5)) and the design will be a hybrid of the 1995 rule (already permitted) and the 2008 rule (for any new area.) For Basin #1 the impervious, drainage area, bottom surface area, and required volume have all decreased. This basin will continue to be covered under the 1995 rule. For Basin #2 the impervious, and bottom surface area have decreased. The drainage area, the bottom surface area, and the volume have increased. It appears that the size of the BMP has therefore increased. However, since there has not been an increase in impervious area there is no "new" impervious to apply the 2008 design storm to. If there are any new design requirements that have been added since this permit was issued in January 2008, then Basin #2 will be subject to those. However, I am not aware of any of any such requirements following the initial review. Kelly 1'. rtUw Oh vlst Vt, Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 4/26/13 North Carolina Secretaryof State Account Looln North Carolina Elaine F Marshall DEPARTMENT CIF THE Secretary SECRETARYOFSTATE PO Box 29622 Raleigh, NC 27626-06.22 (919)807-2000 Date: 4/26/2013 here to: Document Filings I File an Annual Report 1 ®J Print a Pre -populated Annual Report Fillable PDF Form I Amended A Previous Annual Report Names Name Name Type NC AF - MIDDLESOUND LLC LEGAL mited Liability Company Information SOS I D: 1298849 Status: Current Active Effective Date: 1/28/2013 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: Office Address Mailing Address: ncipal Office Office Address Mailing Address: BRINER, CRAIG A 1330 SUNDAY DR., SUITE 105 RALEIGH NC 27607 1330 SUNDAY DR., SUITE 105 RALEIGH NC 27607 1330 SUNDAY DR., SUITE 105 RALEIGH NC 27607 1330 SUNDAY DR., SUITE 105 RALEIGH NC 27607 i i us wtlusuv i3 prumum to the puouc as a Nan m ins secretary os state r%novwedge 3ase (50SKB ) system. Version: 441 httPslAwiw.secretary.state.nc.ushcrpordons/Corp.asp t?PiU Md=10161537 1/1 "CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director April 23, 2013 Mr. Craig Briner, President Green Hawk Corporation 1330 Sunday Drive, Suite 105 Raleigh, NC 27607 Subject: APPLICATION RETURN SW8 070671, Middle Sound Village New Hanover County Dear Mr. Briner: John E. Skvarla, III Secretary On April 22, 2013, the Division received an incomplete State Stormwater Management Application for the project listed above. The application and check number 1020, in the amount of $505 are being returned because the application package lacked the necessary elements to accept it for review. Please provide the following information upon the next submittal of this application package: 1. Transfer: This permit was written to Wilshire Management Group, LLC. This permit will have to be transferred before it can be written to another entity. 2. Green Hawk Corporation: The NC Secretary of State has record of several corporations with similar names, but it does not have record of this corporation. Please ensure that the applicant listed on the application is an active entity in good standing with the NCSoS. Please also ensure that the name of the entity on the application matches the spelling and punctuation of the entity registered with the NCSoS. 3. Drainage Area Map: Please submit a drainage area map. 4. Deed Restrictions: The current permit is written to include deed restrictions. Generally, deed restrictions are written for townhome lots if the homeowner will have land associated with the townhome. Some townhomes only include the building, and do not have associated land owned by the homeowner. Deed restrictions were not included with this submittal. Please include them in your resubmittal if applicable. 5. Design Note: This project has two infiltration basins. If either basin increases the impervious area to be permitted, or increases the size of the overall stormwater controls then the basin design will trigger the need to be covered under the 2008 rule (SL2008-211 Section 2(d)(5)) and the design will be a hybrid of the 1995 rule (already permitted) and the 2008 rule (for any new area.) For Basin #1 the impervious, drainage area, bottom surface area, and required volume have all decreased. This basin will continue to be covered under the 1995 rule. For Basin #2 the impervious, and bottom surface area have decreased. The drainage area, the bottom surface area, and the volume have increased. It appears that the size of the BMP has therefore increased. However, since there has not been an increase in impervious area there is no "new" impervious to apply the 2008 design storm to. If there are any new design requirements that have been added since this permit was issued in January 2008, then Basin #2 will be subject to those. However, I am not aware of any of any such requirements following the initial review. Please visit DWQ's website at htto://h2o.enr.state.nc.us/su/bmp forms.htm to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 ne Phone: 919-807-63001 FAX 919-807-64921 DENR Assistance:1-877-623-6748 NobfthCarolina Internet: www.ncwateraualilv.om �'tlltld'`ll,� Briner April 23, 2013 Page 2 of 2 If you have any questions, please do not hesitate to call me at (910) 796-7331 or email me at kelly.p.johnson@ncdenr.gov. Sincerely, el Joh on Enviro ental Engineer GDS/kpj: S:IWQSIStormwateAPermits & Projects120071070671 HDT013 04 retum_app 070671 cc: Charlie Cazier, PE Wilmington Regional Office Stormwater File Completeness Reviews Checklist Project Name: 1► 6DDL ,n b " V �LU �� Received Date: Project Location: ��,� Cap Accepted Date: Rule(s) aOe8'5gp,s3 al 199�5 Coastal ®Phase II (WiRO) ®Universal ®1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (�' or ?R): 6 [�]PE Cert on File? Density: ��Hbor LD Type: Commercial or R siden i l ®NCG: %: t ANO M 00) Stream Class: t @ SA Map Offsite to SW8 Subdivided?: Su iv on or Single Lot �,t,�,)H 11ORW Map MExemDt Paperwork Emailed Engineer on: S pplement(s) (1 original per BMP) BMP Type(s): M with correct/original signatures (1 original per BAO except LWFS and swales) Application with correct/original signatures 0 NFf=V eAIR2iEASJ OV\)VV,'G' Tb \-)2 �15� ®Corp or LLC: Sig. Auth. per SoS or letter Deed CJ 05 (within 6mo) 7m"i15�ek— ils Report with SHWT 1bkc .any e c� 6�® ®� �'rw Calculations (signed/sealed) )DCCk��,,LCXN t kv;6 n5 " luv'f k1 N a06v\- 1Gc1s (Yb-k \nr-.iwse '?uA ci�- (1 451& No obvious errors Doo$ I IAgS ►*I l d {®Density includes common areas, etc VrXr%QQ`P8 -Ar' vow Deed Restrictions, if subdivided: K��'� 6bCm-1Z: gyp, �� �v r+ •, ®Signed & Notarized 114S�nQU 13 Correct Template (Comm/Res & HD/LD1 or Dec. Covenants &Rest. fnc glans 2 Sets LJ['e s (roads, cui-db cu b.�, sidewalks, BMPs, Buildings, etc) Grading EWetk nds: Delineated o. No Wetlands Vicinity Map Layout (propose) BUA dir:iensions) Legend LJDA Maps Project Boundaries nfiltration `�� Wet Po►�.cd Offsite Soils Report �� �ojSoils Re ®PE Cert for Master Lot #: SHWT: SHWT: Deed Rest for Master Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf %dditionalIn matien_ Pennififed gbo R Proposed: O-b 1 PrQpwed: dt)b? 11mvesed:_ 61O WA (sf) )A (sf) 0 vQo1�R�[-QC 1RLP n 1'1 5 6a�s�' \3 i 11Q,5q',.3\ 1 1 16.5 m a1 Z&cl 1-1tfi lal C. ti �. )A 55 5 &s �F DWQ USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph 11- Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ MrLmt 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.): Middy Sound Villaee 2. Location of Project (street address): 611 Middle Sound Loop Road City:WilmingLm County:New Hanover Zip:28411 3. Directions to project (from nearest major intersection): From Market Street (US 17) headed NE toward Ogden turn right on to Middle Sound Loop Road Continue 0.98 miles to entrance to site on left, 4. Latitude:340 16' 4" N Longitude:77° 48' 16" W of the main entrance to the project. 11. 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 numberSW8-070671 , its issue date (if known)1-25-08 and the status of construction: NNot Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): []Low Density NHigh 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, and the previous name of the project, if different than currently proposed, 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 NSedimentation/Erosion Control: 10.01 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:N/A APR 2 2 2013 Form SWU-101 Version 07Jun2010 Page 1 of 6 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:Green Hawk Corporation Signing Official & Title:Craig Briner - President b.Contact information for person listed in item la above: Street Address:1330 Sunday Drive Suite 105 City:Raleigh Mailing Address (if applicable): City: Phone: (919 ) 861-2910 Email:cbriner@greenhawkcorp.com State:NC I Zip:27607 State: Zip: Fax: ( ) 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 developer. (This is the person who owns the property that the project is located on): Property Owner/ Organization:N/A _ Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: State: Zip: Mailing Address (if applicable): City:. State: Zip: Phone: ( ) Fax: f ) Email: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization:NJA Signing Official & Title: b. Contact information for person listed in item 3a above: Mailing Address: City: State: Zip:. Phone: ( ) Fax: Email. 4. Local jurisdiction for building permits: New Hanover County Point of Contact:Linda'Painter Phone #: (910 ) 798-7068 Form SWU-101 Version 07Jun2010 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater runoff will be treated by means of Infiltration Ponds 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUDApproval Date: ❑ Valid Building Permit Issued Date: ❑ Other: N/A Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph H - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 9.93 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: 9.93 acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward om 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 = 36.86 % 9. How many drainage areas does the project have?2 (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 ?EainaM Area 1 Drainage Area 2 Drainage Area —Dramage Area Receiving Stream Name Pages Creek Pages Creek _ Stream Class * SA;HQW SA;HQW Stream Index Number * 18-87-22 18-87-22 Total Drainage Area (sf) 174894 184677 On -site Drainage Area (sf) 174894 184677 Off -site Drainage Area (sf) 0 0 Proposed Impervious Area** (sf) 85596 73785 Impervious Area" (total) 49% 140% Im 'ous"- Surface Area Drainage Area 1 Drainage Area 2 Drainage Area _ Drainage Area _ On -site Buildings/Lots (sf) 52000 38000 On -site Streets (sf) 12581 22893 0 0 On -site Parking (sf) 18940 8421 0 0 On -site Sidewalks (sf) 2075 4471 0 0 Other on -site (sf) 0 0 0 0 Future (sf) 0 0 0 0 Off -site (sf) 0 0 n n Existing BUA*** (sf) 0 0 0 0 Total (sf): 85596 73785 T Stream c ass and index Number can be determined at: http•�rtal ncdenr org/web/wg/ps/csu/classifications ** Im envious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidPewalks, 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. Form SWU-101 Version 07Jun2010 Page 3 of 6 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 wftliin a Threatened & Endangered Species watershed that may be subject to nhdre stringent stormwater requfretnents 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 BWfF specified for this project. The latest versions of the forms can be downloaded from hUg: / / portal.ncdenr.org / web / Wq / ws /su / bmp-manual. 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. htW://,portal.ncdenr.org/web/wg/ws/­su7statesw/forms docs. 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 htW: / / portal ncdenr org / web / wel l ws/ su l maps.) Please indicatethat 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: 12ortal.ncdenr org / web / wq /ws/su / statesw / forms docs. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. C- 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants MVA Form. (if retpdred as per Part VII below) 3. Original of the applicable Supplement Farm(s) (sealed, signed and dated) and O&M -tkre- agreements) for !Uh BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to ff�: / /www.envhelp.orgjRages/ onestol2expasshthr 1 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/management 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 1h mile of the site boundary, include the hh mile radius on the map. 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8. " x 1W (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and Firm. c. Location map with named streets and NCSR numbers. d. Legend. . e. N®rth arrow. f. Scale. gg Revision number and dates. h. 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 impounded structures, the banks of streams or rivers, and the MHW (or NHWV).of tidal wagers. 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. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualiFned person. Provide documentation of qualifications and identify the person who made tltie determination on the 'Jr. 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). p. Vegetated buffers (where required). for 0.QCi ZbG C._ bL coboo Form SWU-101 Version 07Jun2010 Page 4 of 6 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify :rN CIC1bwft. elevations in addition to depths) as well as a map of the boring locations with the existing Fly elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the pro ect 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: Sdtedtde 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: ,%72 Page No:1174 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC 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 NC Secretary of State, otherwise the application will be returned. htW: J Iwww secretary state nc us/Corporations/CSearch iQx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each Iot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from W' ' ' ortal.ncdgnr.org/web/wqI vs/su/statesw/forms does. 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. VIIL 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 Engineer;Charles D. Cagier Consulting Firm: Intracoastal .En ineeri Mailing Address:91 Pelican Point City:Wilmington State:NC Zip:2$409 Phone: (910 ) 409-3567 Fax: { ) NIA Email:Charlie@intracoastalen ineering.com IX. PROPERTY OWNER AUTHORIZATION (if Cmitact Information, item 2 has been filled out, cmuplete.this section) I, {priatt or type name of person listed in Contact Inforuiatiou, item 2a) NIA .certify that I own the property identified in Phis permit application, and thus give permission to {print or type name of pers6ri listed n� Contact I�iformateon, iMn Iia) with {print or type name of organization listed in Contact Infornration, item 2a) to develoia the projectas currently p d. A copy of the lease agreement or pending properly sales contraet has been provides with the submittal, w ich indicates the Harty responsible for the c�ingsation and maintenance of the Rtormwatsr Sys. m. Form SWU-101 Version 07Jun2010 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. Asthe 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. Signature: Date: a Notary Public for the State of . County of do hereby certify that personally appeared before me this _ day of . and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires X. APFLICANT'S CERTIFICATION I, (print or" nine of person Iisted in Contact Information, item 1a) Craig Briner - President QLGreer: Hawk Corp 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 covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules undejk5A NCAC 2H .1000, SL 2006-246 (Ph. lI — Post Construction) or SL 2008-211. `T. f Aahim before me this a a stormwater permit. a Date: Li'g• 13 a Notary Public for the State of 14C- . County of do hereby certify that �• A- 2:wtoL personally appeared r of L , 2613and acknowled a the due execution of the application for Witness my hand and official seal, �--- SEAL My commission expires /', Z� rc- Fonn SWU-101 Version 07Jun2010 Page 6 of 6 Permit No. (to be provided by DWQ) SST orv�� STORMWATER MANAGEMENT PERMIT APPLICATION FORM NCDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled oAt , printed and submitted. The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. I. PROJECT INFORMATION Project Name Middle Sound Village Contact Person Craig Briner Phone Number 919-210.1996 Date 2/8/2013 Drainage Area Number 1 IL DESIGN INFORMATION Site Characteristics Drainage area Impervious area Percent impervious Design rainfall depth Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1.5' runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Basin Design Parameters Drawdown time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area 174,894.00 ft' 85,596.00 ft2 48.94 % 1.50 in in in/hr ff3/sec felsec fts/sec 10734.00 ft3 0.00 ft3 Q. 0.00 ft3 10734.00 ft3 21,869.00 -ft3 Yellow Mod Sand 3.70 in/hr 14.50 fmsl 0.41 days 2.00 :1 16.50 fmsl 19.50 fmsl 8,457.00 ff2 20.50 fmsl 95.00 ft 55.00 ft 6,122.00 fe t0 16 rI DB 14 ,OK OK �e Side Slopes are too steep, maximum 3:1 OK 0�' +. ; a• f f+ k Form SW401-Infiltration Basin-Rev.5 11Ap2011 Parts I. & II. Design Summary, Page 1 of 2 Permit No. ft- be provided by DM) Additional Information 5Q Maximum runoff to each inlet to the basin? Length of vegetative filter for overflow 2.95 50.00 ac-in ft 10sximuni of 2 acre -inches allowed OK pzNw � Distance to structure na It OK L• Distance from surface waters 200.00 ft OK Distance from water supply well(s) na ft OK Separation from impervious soil layer na ft OK Naturally occuring soil above shwt 2.00 ft OK Bottom covered with 4-in of clean sand? y (Y or N) OK Proposed drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build -out? y (Y or N) OK Bypass provided for larger storms? y (Y or N) OK Pretreatment device provided v Grassed Swale Form SW401-Infiltration Basin-Rev.5 11Apr2011 Parts I. & II. Design Summary, Page 2 of 2 Permit No III. REQUIRED ITEMS CHECKLIST (to be provided by DWQ) Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials SNOW. ML�1 S1. Plans (1' - 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), Delineated drainage basins (include Rational C coefficient per basin), Basin dimensions, - Pretreatment system, High flow bypass system, Maintenance access, Proposed drainage easement and public right of way (ROW), - Overflow device, and Boundaries of drainage easement. 111-62. Partial plan (1" = 30' or larger) and details for the infiltration basin showing: - Bypass structure, - Maintenance access, - Basin bottom dimensions, - Basin cross-section with benchmark for sediment cleanout, - Flow distribution detail for inflow, Vegetated filter, and - Pretreatment device. w' 3. Section view of the infiltration basin (1" = 20' or larger) showing: - Pretreatment and treatment areas, and - Inlet and outlet structures. . A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. IAA@ • 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The I results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. � 6. A construction sequence that shows how the infitlration basin will be protected from sediment until the entire drainage area is stabilized. �C I r 7. The supporting calculations. _41rfM, 8. A copy of the signed and notarized operation and maintenance (O&M) agreement. r, 9. A copy of the deed restrictions (if required). �• t. F, 1x__._-_------. Form SW401-Infiltration Basin-Rev.4 Page 1 of 1 Part III. Required Items Checklist, Page 1 of 1 Permit No. 0- be provided by DWQ) ® OF Wn7FR .� STORMWATER MANAGEMENT PERMIT APPLICATION FORM > ..Q KDENR 401 CERTIFICATION APPLICATION FORM C, 7 INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part 1/1) must be printed, filled out and submitted along with all of the required information. L PROJECT INFORMATION Project Name Middle Sound Village Contact Person Craig Briner Phone Number 919-210.1996 Date 2/8/2013 Drainage Area Number 2 II" DEMON INFORMATION Site Characteristics Drainage area 184,677.00 ft Impervious area 73,785.00 ftz Percent impervious 39.95 % Design rainfall depth 1.50 in Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr; 24-hr peak flow control Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWr elevation Basin Design Parameters Drawdown time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area in in/hr fe/sec to/sec ft'/sec 9465.00 ft3 0.00 f? -- 0.00 ft3..�� 9465.00 fl3 19,392.00 fl3 OK Yellow Mad Sand 3.70 in/hr 14.50 fmsl 0.41 days 2.00 :1 16.50 fmsl 19.50 fmsl 7,895.00 f<z 20.50 fmsl 100.00 ft 45.00 ft 5,682.00 fig Pp 1. to as of OK paNlMd PFAvVft Side Slopes arc tar, steep, maximum 3:1 to o � Of s Form SW401-Infiltration Basin-Rev.5 11Apr2011 Parts 1. & II. Design Summary, Page 1 of 2 Permit No. 0 be provided by DWQ) Additional Information P2F,*4f4%401 F"WIF ID Maximum runoff to each inlet to the basin? 2.61 ac-in Maximum 0 % a�. lrc-inches allowed '� L�04t _ f v Length of vegetative filter for overflow 50.00 ft oil Distance to structure na ft OK Distance from surface waters 200.00 ft OK Distance from water supply well(s) na ft OK Separation from impervious soil layer na ft OK Naturally occuring soil above shwt 2.00 ft OK Bottom covered with 4-in of clean sand? y (Y or N) OK Proposed drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build -out? y (Y or N) Off Bypass provided for larger storms? y (Y or N) OK Pretreatment device provided y Grassed Swale / M. L Fond SW401-Infiltration Basin-Rev.5 11Apr2011 Parts I. & II. Design Summary, Page 2 of 2 Permit No. (to be provided by DWQ) III. REQUIRED ITEMS CHECKLIST Please indicate the naae or Dian sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Page/ Plan Initials Sheet Nct C- . tans (1" 50' or larger) of the entire site showing: - Design at ultimate build -out, - Off -site drainage (if applicable), Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, Pretreatment system, High flow bypass system, Maintenance access, - Proposed drainage easement and public right of way (ROW), Overflow device, and Boundaries of drainage easement. rrtial plan (1' = 30' or larger) and details for the infiltration basin showing: - Bypass structure, - Maintenance access, Basin bottom dimensions, Basin cross-section with benchmark for sediment cleanout, Flow distribution detail for inflow, Vegetated filter, and Pretreatment device. �+ 3. Section view of the infiltration basin (1" 20' or larger) showing: - Pretreatment and treatment areas, and �A - Inlet and outlet structures. (-Ar0 0% table of elevations, areas, incremental volumes & accumulated volumes to verity the volume provided. fIdQ-5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The �@ results of the soils report must be verified in the field by DWQ, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. 6. A construction sequence that shows how the infttration basin.will be protected from sediment until the entire drainage area is stabilized. 7. The supporting calculations. t: A copy of the signed and notarized operation and maintenance (0&M) agreement. 9. A copy of the deed restrictions (if required). Form SW401-Infiltration Basin-Rev.4 Page 1 of 1 Part III. Required Items Checklist, Page 1 of 1 Permit Number: (to be provided by DWQ) Drainage Area Number: Infiltration Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures: - The drainage area will be carefully managed to reduce the sediment load to the infiltration basin. - Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. - The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activitiesshall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to infiltration basin erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the swale applicable). sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to swale (if applicable). smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. N3 ' Form SW401-Infiltration Basin O&M-Rev.3 Page I of 3 BMP element: Potential problem: How I will remediate the roblem: The forebay Sediment has accumulated Search for the source of the and reduced the depth to 75 % sediment and remedy the problem if of the original design depth. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion riprap is displaced. protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the has accumulated. sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than Replace the top few inches of filter 5 days after a storm event. media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by growing in the main wiping them with pesticide (do not treatment area. spray). The embankment Shrubs or trees have started Remove shrubs or trees to grow on the embankment. immediately - An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet. 733-1786. 4`1 :r <:� . 't Form SW401-Infiltration Basin O&M-Rev.3 .......--._.._..._._ Page 2 of 3 Permit Number: (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system. or responsible party. Project name:Middle Sound Village BMP drainage area number: Print name:Craig Briner Title:President - Green Hawk Corporation Address: 1330 Sunday Drive Suite 105, Raleigh NC 27607 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, - NC— , County of a Notary Public for the State of do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, k �o SUC A. -� � z %T CO SEAT., My commission expires e �� �f Form SW40 I -Infiltration Basin O&M-Rev.3 Page 3 of 3 Intracoastal Engineering PLLc April 19, 2013 NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Middle Sound Village Modification SW8-07o671 PN 2013-001 Dear To Whom it May Concern, We are requesting a modification to the existing Middle Sound Village Permit # SW8-07o671. Please find enclosed (1) original and (1) copy of the Stormwater application (SWU-1o1), (1) fee ($505.00), (2) Open Infiltration Basin supplement, (2) Operation & Maintenance Agreements, (1) Stormwater Narrative, (1) USGS Map and (2) sets of plans for the above referenced project. Please review for approval and contact us with any questions, p s Widitional information needed. REn Sincerely, Intracoastal Engineering PLLC Charles D. Cazier, P. J�ECEIVED APR 2 t toa BY: 91 Pelican Point Rd. Wilmington, NC 28409 (910)409-3567 04/19/13 Stormwater Narrative Middle Sound Village New Hanover County, NC PN 2013-001 Middle Sound Village is a 9.93 acre tract located in New Hanover County, NC. The tract is an abandoned Mobile Home Park proposed for 45 single family townhome units. The site is considered High Density and proposed for treatment within two Open Infiltration Basins. The site proposes go,000 sf of buildings (45 units at 2,0oos.f. each), 27,366sf of driveways, 35,475 sf of Roads, and 6,547 sf side walk. These areas create a total site impervious area of 159,388sf or 36.85%. Runoff will be directed to Infiltration Ponds by means of 3:1 grassed swales and minimal piping. The Infiltration Ponds have been designed to treat the 1.5" runoff and 25Yr 24hr pre -post requirements. Runoff from the site is discharged to Pages Creek SA;HQW Index#18-87-22. �ECEIVED APR y p ypp BY: 4/19/13 North Carding Secretaryof State North Carolina Elaine F Marshali 8-`" EPAR i MEN 1 OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-06.22 (919)807-2000 Date: 4/19/2013 here to: Document Filings I File an Annual Report ®1 Print a Pre -populated Annual Report Filiable PDF Form i Amended A Previous Annual Report Corporation Names Name Name Type NC GREENHAWK PARTNERS, LLC LEGAL Limited Liability Company Information SOSID: Status: Effective Date: Citizenship: State of Inc.: Duration: Annual Report Status: Registered Agent Agent Name: Office Address: Mailing Address: Office Office Address: Mailing Address: Titre: Name: Business Address: Titre: Name: Rindnam Adtimm- httpsJ mw.secretary.state.nc.us/o rporatiorrs/Corp.asp t?Pitw dd=5441M 0624846 Current Active 1° DECEIVE 3/21/2002 APR 2 �8 DOMESTIC NC it w PERPETUAL CURRENT TYSON, MARGARET G. 1330 SUNDAY DRIVE, SUITE 105 RALEIGH NC 27607 1330 SUNDAY DRIVE, SUITE 105 RALEIGH NC 27607 1330 SUNDAY DRIVE, SUITE 105 RALEIGH NC 27607 1330 SUNDAY DRIVE, SUITE 105 RALEIGH NC 27607 MANAGER JAMES D. LUMSDEN 1330 SUNDAY DRIVE, SUITE 105 RALEIGH NC 27607 MANAGER CRAIG A BRINER vLnn fii ➢ilinAY I)RUF Al ➢i7F IfLK 4/19/13 North Cardina Sec retaryof State RALEIGH NC 27607 Title: MANAGER Name: BRIAN M GORAY Business Address: 1330 SUNDAY DRIVE, SUITE 105 RALEIGH NC 27607 Title: MANAGER Name: WILLIAM R GUPTON Business Address: 1330 SUNDAY DRIVE, SUITE 105 RALEIGH NC 27607 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 364 h":/A euwsecretary.state.nc.us/corporations/Corp.asp ORtwid=544MM W 4/19/2013 Middle Sound Village 2013-001 CDC Infiltration Basin No 1 10-year Storm WATERSHED DATA Total Drainage Area s . ft. acres 174,894 4.02 Impervious Area Land Use s . ft, I acres Buildings 52,000 1.19 parking/asphalt 31,521 0.72 concrete 2,075 0.05 Total 85 596 1.97 INFILTRATION SYSTEM: RV-- 0.49 inAn Design Rainfall= 1.5 Volume of first 1.5 inches of runoff = (Design rainfall)(Rv)(Drainage Area) V= 10,734 cu-ft % impervious = 0.489 = 48.9% say 49.0% CPRE = 0.25 CPOST = (% imp.)(.95)+(1 % imp.)(.25) 0.6 12 = 5.06 in/hr 110 = 6.30 in/hr 125 = 7.13 in/hr Total Volume provided: ((Bottom Area + Flood Area)/2) x (Flood Elevation + Bottom Elevation) Area (so Elevation(ft) Vt= 21,869 cu-ft Bottom: 6,122 16.5 Flood: 8,457 19.50 DRAWDOWN RATE: RATE OF INFILTRATION: 3.7 IN/HR DEPTH OF BASIN: 36 IN DRAW DOWN RATE: 9.72972973 HRS \� C A `� /O 0, SEAL ro 032555 0 � �!GI NEC CES D. G IECEIVE APR 2 2 2013 BY: 4/19/2013 Middle Sound Village 2013-001 CDC Infiltration Basin No 2 10-year Storm WATERSHED DATA Total Draina a Area .ft. sq. ft. acres 184,677 4.24 Impervious Area Land Use sq.ft. I acres Buildings 38,000 0.87 parking/asphalt 31,314 0.72 concrete 4,471 0.10 Total 73 785 1.69 INFILTRATION SYSTEM: Rv= 0.41 in/in Design Rainfall= 1.5 Volume of first 1.5 inches of runoff = (Design rainfall)(Rv)(Drainage Area) V= 9,465 cu-ft % impervious = 0.400 = 40.0% say 40.0% CPRE = 0.25 CPOST = (% imp.)(.95)+(1 % imp.)(.25) = 0.53 12 = 5.06 in/hr 110 = 6.30 in/hr 125 = 7.13 in/hr Total Volume provided. ((Bottom Area + Flood Area)/2) x (Flood Elevation + Bottom Elevation) Area (sf) Elevation(ft) Vt = 19,392 cu-ft Bottom: 5,371 16.5 Flood: 7,557 19.50 DRAWDOWN RATE: RATE OF INFILTRATION: 3.7 IN/HR DEPTH OF BASIN: 36 IN DRAW DOWN RATE: 9.72972973 HRS