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HomeMy WebLinkAboutSW8060608_Historical File_20060720Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 20, 2006 Mr. Brian D. Dilsheimer, Manager Dilsheimer Communities of North Carolina, LLC, Manager DCNC North Carolina I, LLC 2528 Independence Blvd., # 104 Wilmington, NC 28412 Subject: Stormwater Permit No. SW8 060608 The Villages at Turtle Creek High Density Subdivision Project Pender County Dear Mr. Disheimer: The Wilmington Regional Office received a complete Stormwater Management Permit Application for The Villages at Turtle Creek on July 20, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 060608, dated July 20, 2006, for the construction of the project, The Villages at Turtle Creek. This permit shall be effective from the date of issuance until July 20, 2016, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request -must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes., and filed with the Office of Administrative Hearings, P.A. Drawer 27447, Raleigh, NO 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Robert Gordon, or me at (910) 796-7215. Si ely, dwar eck Regional Supervisor Surface Water Protection Section ENB/rdg. S:IWQSISTORMWATIPERMIT1060608.ju106 cc: Rob Walker, Cavanaugh & Associates Warren Holt, Pender County Inspections Robert Gordon Wilmington Regional Office Central Files N,°�n�ehCarol� a �/S/QtlFF'llfllf North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1-877-623-6748 Wilmington Regional Office Wilmington, NC 28405 Fax (910) 350-2004 Internet: www.ncAMMuality.org An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 060608 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Brian D. Dilsheimer & DCNC North Carolina 1, LLC The Villages at Turtle Creek NC 210 & Lodge Hall Rd, Sun` City - Pender County FOR THE construction, operation and maintenance of 4 infiltration basins and 1 bioretention area in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the. "stormwater rules'l and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 20, 2016 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 &1.7 on pages 3 & 4 of this permit. The subdivision is permitted for 45 lots; each allowed the amount of built -upon area specified in attachment A. The stormwater systems have been designed to handle the following amounts of impervious area: bioretention 1A = 13,151 ft2, basin 1 B = 169,851 ft2, basin 1 C = 106,364 ft2, basin 1 D = 22,962 ft2, basin 1 E 29,081 ft2. Basin #1 must be operated with a 50' vegetated filter. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The runoff from all built -upon area within each permitted drainage area of th is project must be directed into the permitted stormwater control system. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Rage 2 of 10 State Stormwater Management Systems Permit No. SW8 060608 6. The following design elements have been permitted for the infiltration basin stormwater facilities, and must be provided in the system at all times. Infutraflon Basin:j— —FMratlon Basin Drainage Area 413,5 1 235,144 i Onsite ft2 413,571 235,144 Offsite 1 0 0 Total Impervious Surfaces 169,851 106,364 Lot BUA 72, Roads/Parking ft2 80,822 36,349 Sidewalks 16,054 8,866 Other 0 4,711 (Pump Sta.) Offsite 0 0 Basin Depth feet 5.5 2.25 Design Storm inches 1.5 3.0 Seasonal High Water Table FMSL 19.0 10.0 Bottom Elevation FMSL _ 21.0 12.0 Permitted Surface Area @Bottom --ft—r 4,405 9,416 Permitted Storage Volume ft 50,287 27,279 Storage/Bypass Elevation FMSL 1 26.5 14.25 Expected Infiltration Rate in/hr 3.96 2.99 Time to Draw Down days 0.7 0.5 Type of Soil Onsiow Sandy Loam Receiving Stream Becky's Creek River Basin Cape Fear Stream Index Number 18-87-8 Classification of Water Body "SA; HQW" Lire In 'I tlt�t Basin F i atlon Basin 1-10 1-E Drainage Area 81,505 146,836 Onsite ft2 81,505 146,836 Offsite 0 0 Total Impervious Surfaces 22,962 29,081 Lot BUA 15,638 10,425 Roads/Parking ft2 5,512 8,884 Sidewalks 1,812 1,372 Other 0 35,500 (future dev.) Offsite 0 0 Basin Depth feet 2.5 2.5 Design Storm inches 4.5 4.5 Seasonal High Water Table FMSL 19.0 23.0 Bottom Elevation FMSL 21.0 25.0 Permitted Surface Area @Bottom 3,073 5,039 Permitted Storage Volume ft 12,036 22;355 35 Storage/Bypass Elevation . FMSL 23.5 2 Expected infiltration Rate in/hr 4.82 , 2.55 Time to Draw Down hours 0.3 1 0.5 Type of Soil Onslow Sandy Loam Receiving Stream Becky's Creek River Basin Cape Fear Stream Index Number 18-87-8 Classification of Water Body "SA;HQW" Page 3 of 10 State Stormwater Management Systems Permit No. SW8 060608 7. The following design criteria have been provided in the bioretention area and must be maintained at design condition: Bioretention Area 1-A Drainage Area Onsite Offsite ft2 30,828 30,828 0 Total Impervious Surfaces Lot BUA Roads/Parking Sidewalks Offsite ft2 13,151 0 11,122 2,029 0 Max Ponding Depth feet 0.70 Design Storm inches 4.5 Bottom Elevation FMSL 31.0 Permitted Surface Area @Bottom ft2 7,195 Permitted Storage Volume ft _ 5,942 Storage/Bypass Elevation FMSL 31.7 In -Situ Soil Infiltration. Rate in/hr 0.52 Time to Draw Down days 0.7 Total Required Plants Woody Shrub stems 163 48 115 Mulch Layer Depth inches 6 In -Situ Soil Type Onslow Sandy Loam Receiving Stream Becky's Creek River Basin Cape Fear Stream Index Number 18-87-8 Classification of Water Body "SA;HQW" 8. The planting soil media for bioretention area 1-A must be a loam, sandy loam or loamy sand as described by the USDA soil textural triangle and as described on the approved plans. The minimum infiltration rate of the planting soil must be 0.52 inches/hour. The planting soil media in the bioretention area must maintain nutrient levels adequate for the growth of the plant species specified on the approved. plans. II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 060608 4. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. The bioretention area may not be used as a sediment and erosion control device once the planting soil has been placed, 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 8. The Director may determine that other revisions to the project should require a modification to the permit. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 11. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. Paqe 5 of 10 State Stormwater Management Systems Permit No. SW8 060608 12. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 13. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 14. Prior transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 15. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060608, as issued by the Division of Water Quality under NCAC 2N.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the. State of North Carolina, Division of Water Quality. 0. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is ** square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. ** - Applicant shall fill in and record the max impervious areas listed on attachment A. 16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Paae 6 of 10 State Stormwater Management Systems Permit No. SW8 060608 III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Forma" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions. the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permittissueadh' the 20th day of July, 2006. CAROLINA EN IRONMENTAL MANAGEMENT COMMISSION W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page7of10 State Stormwater Management Systems Permit No. SW8 060608 The Villages at Turtle Creek Stormwater Permit No. SW8 060608 Pender County Designer's Certification Page 1 of 2 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Paae 8 of 10 State Stormwater Management Systems Permit No. SW8 060608 Certification Requirements: Page 2 of 2 1 _ The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. .9. !Vegetated slopes are no steeoer than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Warren Holt, Pender County Building Inspections PaaP 9 of 10 State Stormwater Management Systems Permit No. SW8 060608 Attachment A (max BUA = maximum built -upon area, in square feet) Lot # Max BUA Lot ## Max BUA Lot #f Max BUA 1 1 3,250 16 3;455-4 31 3,250 2 3,250 17 3,455 32 3,250 3 3,250 1 18 3,455 33 3,850 4 3,250 19 3,450 _ 34 3,850 5 3,600 20 3,850 35 3,850 6 3,600 21 3,850 36 3,250 7 3,250 22 3,850 37 3,250 8 3,250 23 3,250 38 3,250 9 3,250 24 3,250 39 3,250 10 3,250 25 3,250 40 3,450 11 3,250 26 3,250 41 3,450 12 3,250 27 3,850 42 3,250 13 3,250 28 3,850 43 3,850 14 3,455 1 29 3,850 44 3,850 15 3,455 30 3,850 45 3,850 Page 10 of in State Stormwater Permit # BIORETENTION SYSTEM OPERATION AND MAINTENANCE PLAN Project Name The Villages at Turtle Creek Applies to Basin # 1A The permittee shall be responsible for the following maintenance procedures regarding the permitted bio-retention system. The plant material will be watered every day for fourteen consecutive days, and after planting has been completed. AS NEEDED: 1. Treat all diseased trees, shrubs and vegetation. 2. Replace deficient, defective or rotted support stakes. MONTHLY: 1. Inspect and repair any eroded areas. 2. Remulch any void areas. TWICE A YEAR: 1. Remove and replace dead and/or untreatable diseased vegetation. 2. Replace support stakes as needed in the spring. YEARLY Apply a new layer of mulch in the spring. Remove the previous mulch layer before applying a new layer. 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 and prior to making any changes to the system or to the responsible pa Print name Title w er Address 2528 Inde endence Blvd. #104, Wilmington, NC 2841 Phone: (910) 790-9880 Fax: OLQ 7qD Signature Date Juno i, Zoo.- Note: For subdivision, the legally responsible party should not be a homeowners association or property owner's association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, j IIFWM (es M AOCCIAby , a Notary Public for the State of ' cr--JN L V*4pxr a , County Of �A17-6-ooieeq do hereby certify that � V-C'5/{&-rAW (--X- De ovally appeared before me this the `744 day of TUNE—E YO 6 , and acknowledge the due execuVATp of the foregoing ' trument. Witness my hand and cifficial seal; SEAL UCOMMONWIMUH of PENNSYI.V My commission expires Nftr 8ej _ SVL �Lower mebn c 'p=yW Om *nnE*hm1,'oe Member, Pennsiovanw Assoc jww of f+loie�les OFFICE USE ONLY D. •.. M ROOM ��Zlffx 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. Applicants name (specify the name of the corporation, individual, etc. who owns the project): DCNC North Carolina I, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): :'�x'►u�. 17.�.1s1ne.�.cr� A+lcuK,c�.ec 3. Mailing Address for person listed in item 2 above: 2528 Independence Blvd #104 City: Wilmington State: NC Telephone Number: ( 910 790 - 9880 Zip: 28412 4. Project Name (subdivision, facility, or establishment game - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): The Villages at Turtle Creek 5. Location of Project (street address): NC 210 and Lodge Hall Road City: Surf City County: Pender 6. Directions to project (from nearest major intersection): From the intersection of US 17 and NC 210, travel east on NC 210 two (2) miles. Turn left after Lodge Hall Road. 7. Latitude: 34' 27' 0.45" N Longitude: 77 32' 55.24" W 8. Contact person who can answer questions about the project: Name: Tom Miner _ Telephone Number: II. PERMIT INFORMATION: 1. Specify whether project is (check one): x New Renewal of project 610 ) 617-9700 Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): Low Density x High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major x Sedimentation/Erosion Control x 404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Stormwater runnoff from the impervious and non impervious areas will sheet flow to a valley curb for eventual discharge to four (4) proposed infiltration ponds and one (1) bio-retention pond by way of swales, curb inlets and a piped stormwater conveyance system. 2. Stormwater runoff from this project drains to the Cape Fear River basin. 3. Total Project Area: 26.3 acres 4. Project Built Upon Area: 37.6% % 5. How many drainage areas does the project have? 5 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 (I A) Drainage Area 2 (113 ) Receiving Stream Name Becky's Creek Becky's Creek Receiving Stream Class SA SA Drainage Area 30,828 Sq. Ft. 413,571 Sq. Ft. Existing Impervious* Area 0 Sq. Ft . 0 Sq. Ft. Proposed Impervious*Area 13,151 Sq. Ft. 169,B51 Sq. Ft. % Impervious* Area (total) 42 . 7% 41.1%- Impervious* Surface Area Drainage Area 1 (1A), Drainage Area 2 (113) On -site Buildings 0 Sq. Ft. 72,975 Sq. Ft. On -site Streets 11,122 Sq. Ft. 80,822 Sq. Ft. On -site Parking o Sq. Ft. o Sq. Ft. On -site Sidewalks 2,029 Sq. Ft. 16,054 Sq. Ft. Other on -site 0 Sq. Ft. 0 Sq . Ft. Off -site 0 Sq. Ft. o Sq. Ft. I Total. 13,151 Sq. Ft. IOW: 169,851 Sq. Ft. " Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 Additional Drainage Areas Basin tnfdrritt©n .. Drainage. Areas (10). ChvinAim 4 1D9 Desna a Area 5 1 E , Receiving Stream Name Becky's Creek Becky's Creek Becky's Creek Receiving Stream Class SA SA SA Drainage Area 235,144 Sq. Ft. 81,505 Sq. Ft. 146,836 Sq. Ft. Existing Impervious Area 0 Sq. Ft. 0 S . Ft. 0 Sq. Ft. Proposed I pervious Area 106,364 Sq. Ft. . 22,962 S Ft. 29,081 Sq.Ft. % Impervious Area 43.2% 28.2% 19.8% Impervious Surface Area .' Drainage Area 3 (1 C) Drainage Area 4 (ID) . Draina a Arrea 5 1 On -site Buildings 56,438 Sq. Ft. 15,638 Sq. Ft. 10,425 Sq.Ft. On -site Streets 36,349 Sq. Ft. 5,512 Sq. Ft. 8,884 Sq.Ft. On -site Parking 0 Sq.Ft. 0 Sq. Ft. 0 Sq. Ft. On -site Sidewalks 8,866 Sq.Ft. 1,812 Sq. Ft. 1,372 Sq.Ft. Other on -site Pump Station/Driveway 4,711 Sq.Ft. 0 Sq.Ft. Future Development 35,500 Sq.Ft. Off -site 0 Sq. Ft. 0 Sq.Ft. 0 Sq. Ft. 7. How was the off -site impervious area listed above derived? Computer Generated IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $&K(payable to NCDENR ooaoa y1- • Detailed narrative description of stormwater treatment/management -1 T • Two copies of plans and specifications, including: !9- 7' - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Cavanaugh & Associates, P.A. Mailing Address: 130 North Front street, suite 202 City: Wilmington Phone: ( 910 1 392-4462 VIII. APPLICANT'S CERTIFICATION State: NC Zip: 28401 Fax: ( 910 392-4612 I, (print or type name of person listed in General Information, item 2) 13166w% V, 6lrw r 17C iJG 1 d o110AI certify that the information included on this permit application form is, to the best of my knowledge, correct and (,Le_) 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 15A NCAC 2H .100D. a Signature: Date: v un i, 2W— Form SWU-101 Version 3.99 Page 4 of 4 Permit No. J 0 f 0 6 0 6 0 ' (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DM Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : The Villages at Turtle Creek Contact Person: DCNC North Carolina 1, LLC Phone Number: ( 910 ) 790- 9880 This worksheet applies to: Basin No. Phase ]. - B (as identified on plans) in Drainage Area 2 (1B) prom roan a wu-i u!) II. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (finsl). Soils Report Summary Soil Type Onslow Sandy Loam Unfiltration Rate 3.96 in/hr in/hr or cf/hr/sf (circle appropriate units) SHWT Elevation 19 finsl (Seasonal High Water Table elevation) Basin Design Parameters Design Storm 1.5 inch (1. S inch event for SA waters, I inch event for others) Design Volume 21,693 c.f. Drawdown Time 0.7 days Basin Dimensions Basin Size Varies ft. X Varies ft. = 4,405 sq. ft. (bottom dimensions) Basin Volume Provided 50,287 c.f. Basin Elevations Bottom Elevation 21.00 finsl Storage Elevation 26.50 finsl Top Elevation 27.5 finsl Form SWU-103 Rev 3.99 Page 1 of 3 III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from water supply wells. Orr c. Bottom of system is at least 2 feet above the seasonal high water table. c_ 1 _ d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. 4 T e. System is not sited on or in fill material or DWQ approval has been obtained. IL? f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. Al 1A g. Drainage area for the device is less than 5 acres. 4,-,r h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. i-r System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Design volume and infiltration calculations attached. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. Calculations attached. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). �T 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. 12 in. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is provided. 5 n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters). o. Flow distribution mechanism within the basin is provided. �!T p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. s. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Rev 3.99 Page 2 of 3 IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five 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. 'f%t�iG �or`�k CKoI�_1 , Lt_c.. ,�:�►�SLIc�w�er COrnrpuv�.��c'� a+ Noft�. �o��+� ,I.LG , Print Name and Title: t 0.nawu ,T Address: 2528 Independence Blvd #104 , Wilmington, NC 28412 Phone: Signature: Date: J&'nC_ 7.zoocr 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, t&jo( # 0r , a Notary Public for the State of 4AI41Sy�(0/�i,�er0 unty of T , do here y certify that �tLrl�it/ �y'G9'f L12 personally appeared before me this Pm day of IT/^) 206�, and acknowiedg ' e due execution of in infiltration basin maintenance requirements. Witness my hand and official seal, f Ck SEAL Ttq = M. MC0J*. Notary Pudic LGWMWMTWP-.MMWMY Y kVo m 6 im EowSepL 1.2MB Member, PW Form SWU-103 Rev :3.99 Page 3 of 3 Permit No.1 tS tiro C�foO� (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. 1. PROJECT INFORMATION Project Name : The Villages at Turtle Creek Contact Person: DCNC North Carolina 2, LLC Phone Number: ( 910 ) 790- 9880 This worksheet applies to: Basin No. Phase 1 - C (as identified on plans) in Drainage Area 3 (1. C ) (from Form SWU-101) H. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (finsl). Soils Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Onslow Sandy Loam 2.99 in/hr in/hr or Of/hr/sf (circle appropriate :snits) 10 fmsl (Seasonal High Water Table elevation) 3.0 inch (1.5 inch event for SA waters, I inch event for others) 25,811 c.f. 0.5 days Varies Varies 9416 ft. x ft. = sq. ft. (bottom dimensions) 27, 279 C.f. 12.00 fmsl 14.25 fmsl 15.25 fmsl Form SW-103 Rev 3.99 Page 1 of 3 III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials 4_r a. System is located 50 feet from class SA waters and 30 feet from other surface waters. :a— b. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. a. - - d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. 4-1— e. System is not sited on or in fill material or DWQ approval has been obtained. 4—'T f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. g. Drainage area for the device is less than 5 acres. �T h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. rim i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Design volume and infiltration calculations attached. '� j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. Calculations attached. �-f k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. z, in. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is provided. 9 T n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters). o. Flow distribution mechanism within the basin is provided. �zr p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). J 1 r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Rev 3.99 Page 2 of 3 IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads /. 7 0 feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five 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. �, 1, L.L� DLoar- I�0rk-1. CwroIkozq-1: L.LL ��: ��ls�c�w.e� �;ow►ww+ti� �� o Print Name and Title: ►6 ao nc.. r ast -. -betaV1 �lkstiteaw er Address: 2528 Independence Blvd #104 , Wilmington, NC 28412 Phone: �1 Date: J anej. Z= Gs 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, 7kag Ac&A4 c , a Notary Public for the State of AN"Lww'If, County of Alwr&ymogY do hereby certify that personally appeared before me this day of �'f G�P�� , and acknowledgg)'e due execution of t4forgoing infiltration basin maintenance requirements. Witness my hand and official seal, SEAL My c OF PENNSYLV WNW Seal Tt M. McWdy. NOWY M* UNMr M9*0 ham•. � My CWVdSSW E*m S� 1. � Form SWU-103 Rev 3.99 Pa ter. RG"9 i' Noa^ASSnaletloe Of NOW** Permit No. 'so I e0l, ey d 9 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : The Villages at Turtle Creek Contact Person: DCNC North Carolina r, LLC Phone Number: ( 910 790- 9880 This worksheet applies to: Basin No. Phase 1 - D (as identified on plans) in Drainagc Area 4 (1D ) (from Form SWU-101) II. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (finsl). Soils Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Onslow Sandy Loam 4.82 in/hr in/hr or cf/hr/sf (circle appropriate units) 19 fiinsl (Seasonal High Water Table elevation) 4.5 inch (1.5 inch event for SA waters, I inch event for others) 9,278 c.f. 0.3 days Varies ft. x 12,036 c.f. 21.00 fin51 23.50 fMSl 24.50 finsl Varies 3,073 ft. = sq. ft. (bottom dimensions) Form SWU-103 Rev 3.99 Page 1 of 3 III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been. met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials z. a. System is located 50 feet from class SA waters and 30 feet from other surface waters. �-�— b. System is located at least 100 feet from water supply wells. z.- c. Bottom of system is at least 2 feet above the seasonal high water table. �-r d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. System is not sited on or in fill material or DWQ approval has been obtained. �-j— f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. ' 4 g. Drainage area for the device is less than 5 acres. h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. ri i i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Design volume and infiltration calculations attached. It IT j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. Calculations attached. Zr� k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. -5-g- m. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is provided. L7F n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters). o. Flow distribution mechanism within the basin is provided. fz—i p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. g Z q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. �T s. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Rev 3.99 Page 2 of 3 IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads 1. 9 7 feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five 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. 'PGNG �1 � Ir .T, LtG . �rIShu ar Corury v�A��1e�, o� o��r ,LLG Print Name and Title: A4 Address: 25Z6 -BIW., epu.le lob , i,��,.nc r< ,i�jG Z54IZ Phone: Date: -J v hs 7 . Zoo 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.In / I, Aom n 0�` ��U'� , a Notary Public for the State of t g6LA s (I Lr/�N/ ;,4 County of 60#K do hereby certify that 134*0 bXZ-SHC-VW &1-2— personally appeared before me this 77'27 day of �"Jsu 6 , 3006 , and acknowle a duc execution �orgoing infiltration basin maintenance requirements. Witness my hand and official seal, SEAL My c EALTH OF PENNSYLV 10-1 ThOWMM M mcCudY, Notary Pdit Umar melt im.' M OC(tr�!► my Cotes Expm Sept.1 200E Member, Permsvivaa­ Asr�oda(lon Qt Notaries Form SWU-103 Rev 3.99 Page 3 of 3 Permit No. Yao mo 6 oy (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DM Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: The Villages at Turtle Creek Contact Person: DCNC North Carolina I, LLC Phone Number: ( 910 ) 790- 9880 This worksheet applies to: Basin No. Phase 1 - E (as identified -plans) in Drainage Area 5 ( lE ) (from porn SWU--101) H. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (finsl). Soils Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Onslow Sandy Loam 2.55 in/hr in/hr or cf/hr/sf (circle appropriate units) 23 fmsl (Seasonal High Water Table elevation) 4.5 inch (1.5 inch event for S4 waters, I Inch event for others) 22,222 c.f. 0.5 days Basin Size Varies ft. x Basin Volume Provided 22,355 c.f. Basin Elevations Bottom Elevation 25.00 finsl Storage Elevation 27.50 finsl Top Elevation 28.50 finsl Varies 5,039 ft. = sq. ft. (bottom dimensions) Form SWU-103 Rev 3.99 Page 1 of 3 Ill. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials -r a. System is located 50 feet from class SA waters and 30 feet from other surface waters. i-r b. System is located at least 100 feet from water supply wells. 1---7- c. Bottom of system is at least 2 feet above the seasonal high water table. ,�_7 - - d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. i.T e. System is not sited on or in fill material or DWQ approval has been obtained. S T f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. �& g. Drainage area for the device is less than 5 acres. lz- - h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. T i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Design volume and infiltration calculations attached. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. Calculations attached. : k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). 1-1— 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. g_T� m. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is provided. T n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters). �T o. C-r- P. f-T q. Flow distribution mechanism within the basin is provided. A benchmark is provided to determine the sediment accumulation in the pretreatment device. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). ram_^ r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. 4-T s. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Rev 3.99 Page 2 of 3 I IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads I $ 7 feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five 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. Print Name and Title: As gancmes',ty: 136&-17. < iks6r,"s.r, "Av Cir Address: 2528 Independence Blvd #104 , Wilmington NC 28412 Date: June 7, ZooG Signature: 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, 7 1om *s A AQ�� ( , a Notary Public for the State of 1�)F,VNSYL✓,4N//,County of mowr6OIrT1�Lca , do hereby certify that j9AItft /* Lr(-S4Er—Af 8 r& personally appeared before me this %M day of `TOU9 , e_;�00, and acknovdedgZtheexc cution of the for ' infiltration basin maintenance requirements. Witness my hand and official seal, )//07 e SEAT Thomas M. McCuid!►. Notary F� Maw Tvdp., M �� MY Comm E0W gspt. 1, U8 Form SWU-103 Rev 3.99 Page 3 of 3nsylvania Associatlonf�fldotar CAVANAUGH Solutions through integrity and partnership July 19, 2006 Robert D. Gordon Environmental Engineer II North Carolina Department of Environment and Natural Resources Department of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Stormwater Project No. SW8 060608 Dear: Mr. Gordon: Cavanaugh & Associates, P.A. received a RFI via email from the DENR-DWQ Wilmington Regional Office pertaining to the Villages at Turtle Creek Phase 1 Application and dated July 18, 2006. Cavanaugh has reviewed the RFI and addressed each item. DWQ's comments are repeated in bold, and the responses and corrections are italicized. 1. Please provide 2 copies of the cover sheet for the project. I only have 1 (you kept one at our mtg). It has the vicinity map and other components on it. Two copies of the cover sheet have been provided with the enclosed submission. 2. Please add the SHWT to all basin x-sections. SWHTE have been added to all basin x-sections. Please see sheet C.5.6. 3. Is the center of the traffic circles grass/pervious? If so, please dimension the islands as well (or adjust the provided dimension to reflect just the roadway only). The center of the traffic circles are grass/pervious. Dimensions have been added to the traffic circles and traffic islands. Please see sheets C.5.2, C.5.3, & C.5.4. 4. The top/berm elevations of basins 1 A & 1 C appear different on the supplement than on the drawings. The top/berm elevations of basins 1A & 1C have been corrected on the supplement forms and can be found within the enclosed submission. The Villages at Turtle Creek 041.05.043 July 19, 2006 Page 2 of 2 5. The design & basin volumes for basin 1C are different on the drawings than they are on the calcs/supplement. The design & basin volumes for basin 1 C have been corrected on the drawings and are included within the enclosed submission. Please see sheet C.5.3. S. For basin 1 C, the e-spillway elevation is lower than the storage/bypass elevation. The storage/bypass and e-spillway elevations for basin 1 C have been modified. Please see sheet C.5.3 & C.5.8. Please note that the revision 1 notes have been left on the plan set at this time. These revisions are distinguished by a triangle with the number one inside, A. Revision 2, which addresses the above mentioned comments, is reflected on the revised plan set enclosed with this submission, and can be distinguished by a triangle with the number two inside, A - Please do not hesitate to contact me if you have any further questions or concerns. Thank you for your time and consideration in this matter. Sincerely, Rob Walker, E.I. Cavanaugh & Associates 130 North Front Street, Suite 202 Wilmington, NC 28401 Villages at Turtle Creek Subject: Villages at Turtle Creek From: Robert Gordon <Robert.Gordon@ncmail.net> Date: Tue, 18 Jul 2006 14:42:05 -0400 To: Rob Walker <rob.walker@cavanaughsolutions.com>, Eric Tomczak <eric.tmczak@cavanaughsolutions.com> CC: Cameron Weaver <Cameron.Weaver@ncmail.net> Rob/Eric: Just a few additional items that I need before the SW permit for the Villages at Turtle Creek can be issued: * Please provide 2 copies10 the cover sheet for the project. I only have 1 (you kept o cop at our mtg). It has the vicinity map and other required Y=sin is on it. * Please add the SHWT to x-sections. * Is the center of the trrcles grass/pervious? If so, please dimension the is well (or adjust the provided dimension to reflect just tjxe roadway only). * The top/berm elevation o basins lA & 1C appear different on the supplement than on the awings. * the design & basin volumes for basin 1C are different on the drawings than they are on the calcs/supplement. * For basin 1C, the e-spillway elevation is lower than the storage/bypass elevation. Since there are just a few items, I was not planning to send any further correspondence. Please call if you have questions. My last day with DENR is Thursday. I am not sure who will be taking over this project, so please send the add -info to the attn of Cameron. Enjoyed working with you guys, maybe I will see you around downtown! Rob 796-7303 1 of 1 7/20/2006 10:52 AM � lz*ARM 2 o..c r le r NCDENR North Carolina Department of Environment and Natural Resources (} _ „`.� ! �T. 127 Cardinal Drive, Wilmington NC 28405 (910) 395-3900 FAX (910) 350-° Request for Express Permit Revief `7LJ&d p606a�*�J> (Ir 7I, v. FILL-IN all information below and CHECK required Permit(s). h I R b 6 ) FAX or email to Cameron. Weaver(@ncmail.net along with a narrative and vicinity map of the project location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name finer Company DC�Al�t� rat.` C uol:rla� 1 LLL Address 14ol C; AW__ , Su.ZAe -hD City/State f?go-ko, Qn!.4J tWZip I41L)DC1 County Phone [loion 07- glo3 Fax loll-4ei'2,3 Email ; PROJECT Name (a ; k t es +- T l- Le e_ s e ;( PROJECT SYSTEM(S) TRIBUTARY TO I c4=,,�-s Creel_(STREAM NAME) e RIVER BASIN ENGINEER/CONSULTANT Company Address a tree4City/State i.uvlatan,11 � Zip 2Byr-o County , Hoover — -7 (o 1 L CI I IC[II- 1 opa Lt7Q� K.2)' E.rCAi/O-f6�r�Lt4l.� V,.{y; f►5� G8 M State or National Environmental Policy Act (SEPA, NEPA) - EA or EIS Required ❑ Yes Po ❑ STREAM ORIGIN Determination; # of stream calls; Stream Name ['STORMWATER ❑ Low Density ❑ High Rh -Detention Pond ❑ High Density -Other Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter Density -Infiltration ❑ Off Site ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront EXAND QUALITY ❑ Erosion and Sedimentation Control Plan WETLANDS (401) Wetlands on Properkz�yes ❑ Check all that apply Wetlands Will Be Impacted ❑ Wetlands Delineation has been cc USA COE Approval of Delineation 404 Application in process w/USA( 401 Application required ❑Yes FL -- acres to be disturbed. Isolated Wetlands on Property [;fes ❑ No ,f o- Wetland Impacts: 0 Acre(s) sYes ❑ No ❑ Buffers Impacted: Acre(s) .e<1 Yes 9'!vo ]'des ❑No I Permit received from USACE ❑Yes ❑No 'If Yes, ❑ Regular ❑ Express Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the permit applications. For DEA/R use only SUBMITTAL DATES: Fee Split for multiple permits: SW 9 CAMA LQS 9 401 $ Total Fee Amount $ JUL`, L�)0v July 12, 2006 Cameron Weaver Express Permit Coordinator North Carolina Department of Environment And Natural Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: The Villages at Turtle Creek Dear Cameron: *� w CAVANAU G H .1`4:1.{f r:'i :';:!?i17�j1 it r.�.h� rr.,' �._•rii �..'I •.'7ji As you know, we are currently working on a residential development project located in Pender County known as The Villagges-WwTurtle ek. This is a "phased" project and we are at this time ready to move forward witlyPhase . The project site is approximately 0.9 miles from the intersection of NC Hwy 210 and Hwy 50 in the Town of Surf City (see maps below). The property is bounded by US Hwy 17 to the north, NC Hwy 210 to the south, Lodge Hall Road to the west and Atkinson Loop Road to the East. The Villages at Turtle Creek is planned to be a mixed -use development, incorporating both single-family and multi -family residential uses. The project contains, as designed, 23 si gle-family lots, ranging in size from 7,500 square feet to just under 23,000 square feet, W2 multi -family units, and 44 duplex units. The Villages at Turtle Creek will provide its residents with public water and public sewer utilities that will be constructed in accordance with the requirements of the Town of Surf City. All public utilities will be dedicated and conveyed to the Town of Surf City. A Sediment & Erosion Control permit has been issued for Phase 1, and the Phase 1 St rp mwater Permit is currently_ under review with _ Permit _A—S1N..�Q.f aRoa,, Per our a wa discussion with Rob Gordon, Phase 2 storm E.. ter,_ will be consider��...a�.modification_to the Phase 1 Permit. Please sc a ule a review date for the Phase 2 submittal at your earliest convenience. I would also like to schedule a review date for the Phase 2 Sediment & Erosion Control at your earliest convenience. Please review this narrative with the attached "Request for Express Permit Review" and schedule a meeting with the appropriate DENR personal at your earliest convenience. Your time in reviewing this documentation and scheduling of this meeting is appreciated. Thank you for your attention to this matter. Regards, d Robert A. Walker, E.I. 70 cz O cc 1 CAVANAU G H Solutions through integrity and partnership July 6, 2006 Robert D. Gordon Environmental Engineer II North Carolina Department of Environment and Natural Resources Department of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Stormwater Project No. SW8 060608 Dear Mr. Gordon: Cavanaugh and Associates, P.A. received a RFI from the DENR-DWQ Wilmington Regional Office pertaining to the Villages at Turtle Creek Phase 1 Application and dated June 19, 2006. Cavanaugh has reviewed the RFI and addressed each item. DWQ's comments are repeated in bold, and the responses and corrections are italicized. 1= Please provide documentation that Dilsheimer Communities of North Carolina, LLC is the Manager of DCNC North Carolina 1, LLC. Documentation has been provided within the enclosed submission. Please refer to Article IV, Section 4.1 on page 6 of the Operating Agreement appointing Dilsheimer Communities of North Carolina, LLC as the initial manager of DCNC North Carolina 1, LLC. 2. Please include a dimensioned, overall site plan for the Villages at Turtle Creek, with the phase 1 boundary shown. Addendum sheet 1 has been added to the application package. This sheet shows the entire project site, with a "metes and bounds" for all property lines. The Phase 1 boundary is displayed on this sheet. 3. Please do not split up the impervious area for the (lot) buildings and driveways on the application. They are considered together in the "lot" allocation. The impervious areas for the buildings and driveways have been added together on the application. This change is also reflected in the calculations found in the supplemental report. 4. Please do not split up the pump station impervious area between buildings, streets etc... It should all be combined into the "other on -site" category. The total impervious area for the pump station has been added together and can be found in the "other on -site" category of Drainage Area 3 (1 C). 5. Please split out the amenity area as "future development" on the application. The amenity area has been split out as "future development" on the application and can be found in Drainage Area 5 (1 E). 6. Please provide cul-de-sac, traffic circle, and entrance road dimensions to the back of curb. Back of curb dimensions have been added for the cul-de-sac, traffic circle, and entrance road and are reflected on revised sheets C.5.2 and C.5.3. 7. The SHWT & Bottom elevations in the calcs for basin 1 B do not match the rest of the application packet. Please make sure these elevations are consistent throughout the application packet. Corrections have been made to the elevations in the calculations for Basin 1B and are consistent throughout the application packet. 8. Please make sure the volume provided (on the caics and supplement) matches the stage -storage chart at the storage elevation specified. The volumes provided on the calculations and supplemental reports have been revised to reflect the stage storage chart at the storage elevation specified. Please note that based on the volume depicted on the stage storage chart, Infiltration Basin 1B has a total volumetric capacity of 50,287 cu.ft. The volume of the 1.5" design rainfall for Drainage Area 1B is 21,693 cu. ft. This leaves 28,594 cu.ft. of volume to be applied towards future Phase 2 of the development. Please see sheet C.5.2. Please note that based on the volume depicted on the stage storage chart, Infiltration Basin 1 D is sized three times (3 X) the 1.5" rainfall. Therefore, the by- pass line is no longer required and has been removed from Infiltration Basin 1D. Please see sheets C.5.3 and C.5.6, which reflect this change. . Please note that based on the volume depicted on the stage storage chart, Infiltration Basin 1 E is sized to accommodate an additional 35,500 sq. ft. of impervious area to be applied toward the future amenity area. 2 9. Please make sure the design storm & drawdown reflect the increased design storm (in the instances where no vegetated filter and/or by-pass is provided). The design storm and draw down calculations have been revised and reflect the increased design storm in instances where no vegetated filter or by-pass is provided 10. Please make sure the top of dam/ berm are consistently specified between the site plan, details & supplement. Labels have been added to the site plans, and the top of the dam/ berm are now consistently specified between the site plan, details and supplement. 11. The inverts on the by-pass box detail chart appear to be reversed for 1 C & 1 D. The corrections have been made to the by-pass box detail chart and have been included with the revised plan set enclosed. Please see sheet C.5.8. 12. Please provide specifications for the soil mixture of the root zone fill material. Specifications for the soil mixture of the root zone fill material have been added to sheet C.5.5. Please see detail 3/C.5.5. 13. Please provide a calculation for the number of plants to be provided in the bioretention area. A calculation for the number of plants to be provided in the bioretention area has been provided in the enclosed submission. 14. Please provide a signed jurisdictional wetiand determination map from the US Army Corps of Engineers, if available. Although the wetland delineation was field approved on November 23, 2005, the signed jurisdictional wetland determination map has not yet been issued. This is due to a delay in the sealed survey, which was submitted to the USACE on June 21, 2006. 15. Please specify a mulch layer in the bioretention area. A mulch layer in the bioretention area has been specified on sheet C.5.5. 16. Please increase the bottom width on the vegetated filter or provide calculations to show that bottom width will maintain sheet flow conditions with velocities e 2 fps. The bottom width of the vegetated filter has been increased, and calculations have been attached to this document that show that sheet flow conditions with velocities less than 2 feet per second will be maintained. Please see sheet C.5.8. 3 (Per email request 6-19-06) 17. Please complete the sediment removal depth on each of the basin supplements. The sediment removal depth has been completed on each of the basin supplements. In addition to the above, please note the following changes: 1. The stormwater conveyance system from Curb Inlet 1 (CI-1) to Infiltration Basin 1 B has been modified to accommodate future flow from Phase 2. It is understood that a permit modification will be necessary prior to the development of Phase 2. 2. A 116' vegetative filter has been added to Bioretention Areal A. In order to achieve this, the contours have been modified at this location. Rip -rap dimensions for Bioretention Area 1A have been modified to accommodate this change. 3. The headwall structure at Infiltration Basin 1 B by-pass line is no longer necessary, and thus, has been removed. 4. The monitoring well has been removed from Bioretention Area 1 A. Please see sheets C.5.4 and C.5.5. 5. A detail has been added for the concrete bridge at Bioretention Area 1 A. 6. Notes were revised on the valley curb detail. Please see detail 1 /C.5.7. 7. Notes were revised on the curb inlet detail. Please see detail 2/C.5.9. Please do not hesitate to contact me if you have any further questions or concerns. Thank you for your time and consideration in this matter. Sincerely, Rob Walker, E.I. Cavanaugh & Associates 130 Front Street, Suite 202 Wilmington, NC 28401 cc: Tom Miner 4 5w 8 W F INFILTRATION SITE VISIT REQUEST Name of the Project: Turtle Creek Location (attach a clear vicinity map): SE of the Int, of NC 210 and Atkinson Looa Rd., Surf City NC Street address, SR number, community, etc. Directions from the nearest major intersection: (Heading North to Jacksonville on NC-17). Turn right at the intersection of NC-17 and NC-210. Turn left on Atkinson Loop Rd Take immediate left onto din` path across from Fire Station Owner/Applicant Name: DCNC North Carolina, LLC Consultant Name: Cavanaugh & Associates, 130 N. Front Street Suite 202 Wilmington NC 28401 Consultant Contact Information: (910) 392-4462 Phone, fax, email, etc. #1A #1 B #1 C #1 D #1 E #1 F #1 G #1 H Existing ground elev. @basin/trench= SHWT elev.= SHWT plus 2' (max. bottom elev.)= Date/Time of Soils Investigation : `ol., 7104 X1;t90 Summary/Comments: P All proposed infiltration areas and existing, active utility lines located within the proposed basin/trench must be marked and flagged. If these areas are not flagged, the Soils Scientist reserves the right to decline to do the investigation. If the proposed infiltration system will be located in an area of existing pavement and there is no open area nearby, equipment capable of breaking through the impervious layer must be provided. The soils investigation does not take the place of a soils report prepared by an appropriate professional. The Soils Scientist will only verify the soil conditions that are reported in uie Soils Report, and make a determination as to the suitability of the site to meet the infiltration design requirements under NCAC 2H.1000, and assumes no liability should the system fail. 1 of 1 Re: Villages at Turtle Creek Subject: Re: Villages at Turtle Creek From: Robert Gordon <Robert.Gordon@ncmail.net> Date: Thu, 22 Jun 2006 10:23:58 -0400 To: Rob Walker <rob.walker@cavanaughsolutions.com> Remember we talked about including a survey of the entire property with the metes and bounds included. The phase boundaries do not necessarily need to be dimensioned on that sheet, but please do show them. Rob Rob Walker wrote: I Rob, Item #k2 in your RFI for the reference project asks for a dimensioned, overall site plan for the Villages at Turtle Creek, with the phase 1 boundary shown. Is there anything in particular that you would like dimensioned, or is a scaled drawing with the scale provided what you are looking for? Thanks, Robert A. Walker, E.I. Cavanaugh & Associates, P.A. 130 North Front Street, Suite 202 Wilmington, NC 28401 Phone: (910) 392-4462, ext 237 Fax: (910) 392-4612 www.cavanaughsolutions.com 1 of 1 7/20/2006 10:52 AM Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 19, 2006 Mr. Brian Dilsheimer DCNC North Carolina I, LLC 2528 Independence Blvd #104 Wilmington, NC 28412 Subject: Request for Additional Information Stormwater Project No. SW8 060608 The Villages at Turtle Creek Pender County Dear Mr. Dilsheimer: The Wilmington Regional Office received a Stormwater Management Permit Application for The Villages at Turtle Creek on June 9, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please provide documhntatiqnrfhat Dilsheimer Communities of North Carolina, LLC is . the Manager of DCN N_oftfi Carolina I, LLC. 2. Please include a dirr�ens_ d� , overall site plan for the Villages at Turtle Creek, with the phase 1 boundary showfii. 3. Please do not split up the i pe 'ous area for the (lot) buildings and driveways on the application. They are consi ed to ether in the "lot" allocation. 4. Please do not split up the pump"_ um station impervious area between buildings, streets etc... It should all be combi ed into the "other on -site" category. 5. Please split out the amenity area -as "future development" on the application. ,11_ ,. 6. Please provide cul-de-sac, traffic cirdleand entrance road dimensions to the back of curb. 7. The SHWT & Bottom elevations in the calcs for basin 1 B do not match the rest of the application packet. Please make sure these elevations are consistent throughout the application packet. 8. Please make sure the volume provided (on the calcs and supplement) matches the stage -storage chart at the storage elevation specified. 9. Please make sure the design storm & drawdown reflect the increased design storm (in the instances where no vegetated filter and/or bypass is provided). 10. Please make sure the top of dam/berm are consistently specified between the site plan, details & supplement. N,,,c,ne V�thhCarohna �NWMA1I11I/ North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1-877-623-6748 Wilmington Regional Office Wilmington, NC 28405 Fax (910) 350-2004 Internet: www.ncwaterqualiiy.org An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper The Villages at Turtle Creek June 19, 2006 Stormwater Permit # SW8 060608 11. The inverts on the bypass box detail charia ear to be reversed for 1 C pp & 1 D. 12. Please provide specifications for the soil mixture of the root zone fill material. 13. Please provide a calculation for the number of plants to be provided in the bioretention area. 14. Please provide a signed jurisdictional wetland determination map from the US Army Corps of Engineers, if available. 15. Please specify a mulch layer in the bioretention area. 16. Please increase the bottom width on the vegetated filter or provide calculations to show that bottom width will maintain sheet flow conditions with velocities < 2fps. Please note that this request for additional information is in response to a partial, preliminary review. The requested information should be received by this Office prior to July 5, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The construction of any impervious surfaces, other than a construction entrance. under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. 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) 796-7303. Sincerely, Robert D. Gordon Environmental Engineer II ENB/RDG: S:1WQSISTORMWATERIADDINFO120061060608.jun06 cc: Eric Tomczak, PE, Cavanaugh & Associates Robert D. Gordon CAVANAU G H Solutions through integrity and partnership. June 12, 2005 Via Hand Delivery North Carolina Department of Environmental and Natural Resources Division of Water Quality Attention: Robert D. Gordon X p �eS 127 Cardinal Drive Extension l Wilmington, North Carolina 28405 i ' ---) Re: The Villages at Turtle Creek Town of Surf City Pender County, North Carolina {-ALI C-) (-N -� � ✓ h � � _�e �� p r._ r � � n `ice Dear Mr. Robert Gordon; J�N 1 pp . Pursuant to our previous discussions on May 25, 2006, enclosed�,4lease find tTie following items constituting our application for express review by the Divisiorlgf Water Quality within DENR in relation to a Stormwater Permit. The subject developmen formally identified as the `The Villages of Turtle Creek' located in the Town of Surf City, Pender County, North Carolina. To facilitate your review of the enclosed documentation, the following is an itemized breakdown. 1. A check in the amount of $4,000 to satisfy the express review fee, made payable to `NC DENR', for this application and the forthcoming Land Quality Submittal to which an additional $50/acre fee will be provided. 2. One (1) original copy of the executed 'Stormwater Management Permit Application Form'. 3. One (1) copy of the executed `Infiltration Basin Supplement' for Phase 1 Basin A. 4. One (1) copy of the executed 'Infiltration Basin Supplement' for Phase 1 Basin B. 5. One (1) copy of the executed `Infiltration Basin Supplement' for Phase 1 Basin C. 6. One (1) copy of the executed `Infiltration Basin Supplement' for Phase 1 Basin D. 7. One (1) copy of the executed `Infiltration Basin Supplement' for Phase 1 Basin E. 8. One (1) original copy of the executed High Density Residential Subdivision Deed Restriction Covenant with supplemental attachment. 9. One (1) original copy of the executed Bio-Retention System Operation and Maintenance Plan. 10. Two (2) copies of the `Stormwater Management Plans' constituting sheets C.5.1-C.5.9. The Villages of Turtle Creek 041.05.043 06/12/06 Page 2 of 2 CAVANAU G H Solutions through integrity and partnershil 11. Two (2) copies of the 'Stormwater Management High Density Express Permit Application Supplemental Report'. 12. One (1) copy of the deed for the subject property to which Phase 1 is a portion. Please do not hesitate to contact our office should you have any questions, comments or require any additional information. Regards, CAVANAUGH & ASSOCIATES, P.A. Eric Tomczak, P.E. TopoZone - The Web's Topographic Map Page 1 of 1 �u •� '�� mod_ - ti s ^ - r�5v."4_.� r .. .� �fi{ � � � f ", mow/ y K j �•��� FtP �,�,`� �' - �.� d 9k r� ��_ � 4 � ❑ low- J 1 'F`Y1 Mi ,lit f i "30, kw lee,. ! ff 1 } •... g ! _r +'. Cat Ad � 01 ",-" -f J � �, � C �'.. .. 00 1. •`^w"• ` �� r� r� __i• � .-��_% � �"1 '.5'�. �� /� '�•,v.r_i :y�, bra_". �"!� ..� � ,��f M v 0.3 0.6 0.9 i.2 1.5 km 0 0.1 0.2 0.3 0.4 0.5 mi Map center is 340 27' 05"N, 770 34' 49"W (WGS84/NAD83) Holly Ridge quadrangle M=-9.268 Projection is UTM Zone 18 NAD83 Datum G=-1.461 http://www.topozone.com/print.asp?z--1 8&n=381523 3 &e=262945 &s=48&sip-- The Villages at Turtle Creek Subject: The Villages at Turtle Creek From: Robert Gordon <Robert.Gordon@ncmail.net> Date: Sun, 18 Jun 2006 17:08:58 -0400 To: Eric Tomczak<eric.tmczak@cavanaughsolutions.com> Eric, -Please add the following comment to the request for additional information: * Please complete the sediment removal depth on each of the basin supplements It was omitted from the comment letter and is actually the reason I am sending you the application pages in the mail. W"T 1 of 1 7/20/2006 10:51 AM A A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary 6/14/2006 LETTER OF RECEIPT FOR AN EROSION CONTROL PLAN EXPRESS REVIEW Dilsheimer Communities of NC, LLC Mr. Brain D. Dilsheimer, Manager 2528 Independence Blvd. #104 Wilmington, NC 28401 RE: Project Name: The Villages @ Turtle Creek +�.K,'. Project ID: Pende-2006-456 County: Pender, Surf City, NC Hwy 210 JUN f 5 24),li? 1 River Basin: Cape Fear Submitted By: Cavanaugh & Associates, P.A. BY: Date Received by LQS: June 13, 2006 Plan Type: NEW Dear Mr. Dilsheimer: This office has received a soil erosion and sediment control plan for the project listed above which was submitted as required by the North Carolina Sedimentation Pollution Control Act (G.S.113A 57 (4)). The Act requires that all persons disturbing an area of one or more acres of land must obtain approval of a soil erosion control plan prior to the commencement of the land -disturbing activity (G.S. 113A-54(d) (4)). The review period for an express review is three days of receipt of a complete plan. If additional information is requested, it must be submitted within five working days of receipt. Commencement or continuation of a land -disturbing. activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. We have performed a preliminary review of your submitted plan and have determined that additional information will be necessary before a final review can be completed. Enclosed is a checklist of items that must be submitted before we can complete the review process. Failure to provide the additional information may result in disapproval of your plan. The approval of an erosion and sediment control plan is conditioned on the applicants compliance with Federal and State water quality laws, regulations and rules. If you have questions please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Sincerely, CarolN. Miller Assistant Regional Engineer cc: Mr. Eric Thomczak, P.E., Cavanaugh & Associates, P.A. LQS-WiRO; SWS-WiRO Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 - Phone: 910-796-7215 / FAX: 910-350-2004 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES LAND QUALITY SECTION EROSION and SEDIMENTATION CONTROL PLAN PRELIMINARY REVIEW CHECKLIST PROJECT NAME: The Villages A Turtle Creek DATE: 6/13/2006 PROJECT NO.: Pende-2006-456 COUNTY: Pender To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application has been made and has shown the need for additional information as specified below. To meet our review schedule, any additional information should be received by this office no later than_6✓21/06 . Failure to meet this schedule may result in disapproval of your plan. The following items shall be incorporated with respect to specific site conditions, in an erosion and sediment control plan: LOCATION INFORMATION Project location (roads, streets, landmarks) North arrow and scale GENERAL SITE FEATURES (Plan elements) Legend: North arrow, scale, etc. Property lines Existing contours (topographic lines) Proposed contours Limits of disturbed area (provide acreage total, delineate limits, and label) Planned and existing building locations and elevations Planned & existing road locations & elevations Lot and/or building numbers Geologic features: rock outcrops, seeps, springs, wetland and their limits, streams, lakes, ponds, dams, etc. Easements and drainageways Profiles of streets, utilities, ditchlines, etc. Stockpiled topsoil or subsoil locations If the same person conducts the land -disturbing activity & any related borrow or waste activity, the related borrow or waste activity shall constitute part of the land -disturbing activity unless the borrow or waste activity is regulated under the Mining Act of 1971, or is a landfill regulated by the Division of Waste Management. If the land -disturbing activity and any related borrow or waste activity are not conducted by the same person, they shall be considered separate land -disturbing activities and must be permitted either thru the Sedimentation Pollution Control Act as a one -use borrow site orthrough the Mining Act. Required Army Corps 404 permit and Water Quality 401 certification (e.g. stream disturbances over 150 linear feet) EROSION CONTROL MEASURES (on plan) Legend Location of temporary measures Location of permanent measures Construction drawings and details for temporary and permanent measures Maintenance requirements of measures Contact person responsible for maintenance SITE DRAINAGE FEATURES Existing and planned drainage patterns (include off -site areas that drain through project) Method of determination of and calculations for Acreage of land being disturbed Size and location of culverts and sewers Soil information: type, special characteristics Soil information below culvert storm outlets Name and classification of receiving water course (only where stormwater discharges are to occur) Comments: STORNWATER CALCULATIONS Pre -construction runoff calculations for each outlet from the site (at peak discharge points) Design calculations for peak discharges of runoff (including the construction phase & the final runoff coefficients of the site) Design calcs of culverts and storm sewers Discharge and velocity calculations for open channel and ditch flows (easement & right-of-ways) Design calcs of cross sections and method of stabilization of existing and planned channels (include temporary linings) Design calcs and construction details of energy dissipators below culvert and storm sewer outlets (diameters & apron dimensions) Design calcs and dimension of sediment basins Surface area and settling efficiency information for proposed sediment traps and/or basins VEGETATIVE STABILIZATION Area & acreage to be vegetatively stabilized _X_ Method of soil preparation Seed type & rates (temporary & permanent) Fertilizer type and rates _X_ Mulch type and rates NOTE: Plan should include provisions for groundcover on exposed slopes within 15'working days or 30 calendar days (whichever is shorter), following completion of any phase of grading; permanent groundcover for all disturbed areas within 15 working days or 90 calendar days (whichever is shorter) following completion of construction or development. FINANCIAL RESPONSIBILITYIOWNERSHIP FORM Completed, signed & notarized FR/O Form Accurate application fee ($50.00 per acre rounded up the next acre with no ceiling amount) Certificate of assumed name, if the owner is a partnership Name of Registered Agent (if applicable) Copy of the most current Deed for the site NOTE: For the Express Permitting Option, inquire at the local RegionalOffice for availability. NARRATIVE AND CONSTRUCTION SEQUENCE Narrative describing the nature and purpose of the construction activity Construction sequence related to erosion and sediment control(including installation of critical measures prior to the initiation of the land -disturbing activity & removal of measures after areas they serve are permanently stabilized) Bid specifications related only to erosion control Jun-09-2606 10:40am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.002 F-695 J �f f f DEE-0S - . n � dr-�o--D • ��G6R C JNTY,HC OK254OPG 123 119188 Mum x 12/20/2s0e '4 W50.00 ra 0jbA a Real Fatate Oil Excise Tex SPECTAi, W.A,�LI2AlQ'I'YDEED TaxPa[ce11* 225-86-4900-0000 hyyde���v�i8ed Rea $2150-! Rq of mod Prepared by ON, TAY>',OR, & MSON, PLLC ��1110 n 15 Warm Fi$h Avelale, WftiugW% NC 28401 WE PMARED THE 1I)1RRD IN TM3 TRANUMON BUT WE MADE NO EXAMfflA-UON OF TITL14 AAi1D WE KKPPMS NO MIMON ON TITLE TO TEE PJ O P 19RTY OR TEIE jwcuAACI'.UF AW LEGAL D&9CREMON THIS BM(XAL WARRANTX DEED, made this 16 thday of December, 1` 4--"s V JC..0 7004, by and between KENNBTH GLIZELAND AND wm, CHER7M A. CLEELAND of JUN 0 9 2006 21658 �18 Alvnn wav ,t2Ueertutown DID &WDAYIDN.CMV-4 'lAM t. 650 Findle 8-517 'Vi`�&,LIlYDACLEELAND, of y Court, Estes Park, C whether one or mode, callus QRANTDM and DCgC NORTH - UAROLZMA x • LLC a 1+TORTH CAROLINAIimited fiabilitycampalrywhose mailing add= is 401 CityAvenue, Suite 710, Bela Cyan PA 19004-1150, heroin, whether am or marc, ed GR�►NWE WITNESSETH T The GRANTORS, for and i1i go0 , iw&=rm Other vaivauie consideradons to them in baud paid by the ,the 1 Q admawledged, have bargained and sold, and byhese preuenta do hmebybar lo, sell and convey unto GRANTER its eueceasors and aWps forever, e11 that cabdnreal propertylocated isPander 50532 Jun-09-2006 1:40am From-MURCHISON TAYLOR ATTY +910TS36561 T-435 P.003 F-895 :c, 548PGi24 CounW, North Carolina,described end incorporated herein by reference. O (jJf y TO HAVE AND TO HOLD the above =bKdcswbcd pmperLY. togdher with all and singular, the rights, privileges, easementa, twwnauts and al3pmtenaneos ftr=3to belonging, or in anywise sPP& unto the GRATTTEE, its successes and assigns, in fee simple, forever. And the GRANTORS, for thetnsdves, their heir, exwdms and administtato", do covenant to and with the GRANTF, its successors and assigns, to GRANTORS have dame nothittve to impair swah title to the properly described herein as MPsWORS received, and GRANTORS will warrant and defend title to same against the ]mufti claims of all Penom claiming by, under or tltYo* GRANTORS, their heirs, executors u d a"nisiraiors. IN TBSTIMONY WINS MJ?, the GRANTORS have hereunto set their bards and seals as of Litt day and year brat above written. SEAL) RBRNETH CLBHI.AND l nn A OLBELAND 50532 t _e�F!IL'1.4L IAA Jun-09-2006 10:412m From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.004 F-895 g(2548PG125 L -, oeg, ".P� , a Notory Public in and fix the aforesaid, do certify tbat KENN'ET.9 CLEELAND personally appeared before n aebwwlWgcd the due execution of the fDregoing special warranty deed. WITNESS myhand and official seal tbis_LL;�day of �.lt�a,.��a,�s Notary Public My commission expires: w&.A Lra:tQi- STATEDF DAGg q,s &.,)j iCJl err Comm >ti era.�ZS&srD , allot" ft1c in and Ex the State aforesaid, do certify that CEIERYL A. CLEELAND paaonally appeared before me tb acknowledged lie due execution of the foregoingspeeial Waal* deed. , Vi' niESS my hand and official aca: this t day of Notary Public MY canmisaion expires: •�+sy�.Ar�trJ11K 505?2 iA Jun-09-2006 10:41am From-ERCHISON TAYLOR ATTY +9107636561 T-435 P.005 F-B95 M 1N TESTllvldh"Y WHEREOF, scale as of the day and year fiat above r BK254BPG 126 and STATE OF C:dp!w O 7 allotary Public in and for the State and County aforesaid, do certify that DAVM N. CLEELAND petsoually appeared before me this day Bud ttion of the foregoing special warranty deed. iy hand and official seal this day off mht'.% , 2004. " Not®�Vubll. STATE OFr.t3 tMQ � t.m e.r CouNTY LLQAAM a Kotary Public in and far the state and Comty aforesaid, do cuti7y that I AA rr -tmT AN P ally appeared before me this day and aftowledged the due execution uftno foregoing way deed gA ,uV Wfl NESS my band and official Seal this ' 2004• �i i r al expires: Jun-09-2006 10:41am From-MURCHISON TAYLOR ATTY +910T636561 T-435 P.006 F-095 N�M�jj 27 NORTHCAROJ�NA 11� 0 &%VWZ"_M �J 9 The foregoing certificate of blic, is artified to be correct 5a.r lt�u+ B. IL.aQ".� This AO day of DgV . 2004. J01CL'!i M SWI XWC)D REGISTER OF DEEDS OF PENDER COUNTY _ 1-c1AL sos3z. Jun-09-2006 10:41am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.007 F-895 OR254VpV128 �i$S$ 8, INC �" P.®! JACKSONVUU, NOR 341-1570 TELEPHONE. (910) 435-0$77 FACSIMFLE: (910) 455.9033 E-MAIL; rignslan0biaeex-r com 151.I95 Acre Tract an Atkinson Loop Road & N,C. Highway 210 Topsoil Township, Penlcr County, North Carolina Commencing it an existing Parr-xwon salt to the amerline lntermllon of N.C.S.R, 1536 oral N.C. filghway 210, thence leaving said t.osmdiu laiereection and along the mcerline of N.C. Rghwey 210 Saudi 07 degrees 46 ininutcs 35 st:eorids Wont 506,08 feet tt3 an cW%Ing magnetic nail located is said centerline of N.C. Hlgltasy 210, ureters leaving =W centerline of N.C. Highway 210 North 01 degrees 06 minues 57 seconds West 32,74 fort to an existing iron pipe located in the northern rlgtu-of-vay line of N.C. Highway 2,10, sold paint also being the southeastern property corner of the Myra T. ISochellc and Husband, fumes L, Rochelle, Jr, property as per Deed Hook 414, Page 64 of du Portlier Courtly Registry, And also being do TRUE POINT OF BWANNING; thence from the above described true polar of beginning end losving sold northera Aaht-of-woy line of N.C. Highway 210 sad with Lite eastern Rochelle line North 21 degrees 43 m1mles 27 reconds West 571,12 feet to a point located in the w olem orm property corner of the David Wilson Justice, Sr. property as per Map Book 31, Page 132 of the 1' Wof COatuy Registy, thence wide t1tC eastera hutin line North 10 dogma 51 minutes fit seconds West 307.12 leer to a point located iA the southeastern property Gorn9f of due Stephen >;ass Jusibm, Jr. ants Wire, Paula Denise Justice property as per said Mop Book 32, Page 132, thence with a portion of the eastern Justice Htte NoM 20 dogras 31 rnhtutes M seconds West 193.33 feet to an existing iron pipe, thence continuing with a portlon of the said Callan Jusdw line and uridt.dte team line of tiro Haywood B. l.ants+icter property as per Map Book Page 90 of the Pander County Registry, North 37 61011=0139 minutes 12 seconds W fact to a point, being M-ft apeM sooner of the Liss P. Tltumpson, James trills, Jr9515 nd wife Susan M. Shsrpo, property w per said with the naster l miompson, McKay, minrtcs 47 seconds Welt 3728.20 feet to an existing Iro n cline thee= with the centerline of Ring Branch C ifiWittawiag Is 67 degreaa 31 mimttm 19 seconds Nast 91.91 feet, South 49 degrees 47 in trda East 192,09 bet, South 53 degrees 44 minutes 49 veconds East 216.37 feet, Souttt 43 dcgacs 41 minutes 35 seconds East 340.67 fact, Sawk so degrees 14 aslnutes 33 seconds Earl 571.89 feet, South 74 degrees 43 minutes 29 seocads Zest 113.86 feet, South 89 degrees 59 minutes 46 seconds IWX 392.30 feet, North 83 degrees 12 irdnutss 25 seconds East 5.1m3fact, 44 North 0 degrees 46 minutes 43 seconds East IBL92 feet, North 72 degt� 12 ds- East 69.85 feet, North 87 degrees 24 mimtes 59 Ow ds Ease 17.72 feet, South 89 degrees 34 minutes 59 seconds East 280.27 feet, South 75 degrees 58 mluutees 24 seconds Rast 266,19 feet, South 72 degrees 58 minutes Ol seconds East 118,75 feet, South 47 e1grm 1 l snhttttes 12 seconda Bast 85.9E feet, south 43 degrees 49 minutes 51 seconds East 153.11 feet, South 63 degrees 40 minutes 13 wounds East 108.24 feet, South 26 degrees 12 minutes 48 seconds Fast 159.23 feet, Smith 18 degrees 36 minutes 23 seconds West 192.24 fact, South 04 degrees 01 minutes 30 see ands Well 1.7.6.20 feet. South 38 dogreas 58 minutes 44 seconds East 177.53 fee, South 11 degrees 40 minutes 57 seconds East 539.50 fba, South 11 degrees 59 mirenn 46 seconds ~Nest 36100 tact, South 43 degrees 18 minutes 26 seconds East 332.30 het, South 53 degrees 13 mkoi s 48 seconds East 6.16 tbet, North 87 degrees 57 minutes 02 seconds East 134.30 feel, South 07 degrees 34 minutes 27 seconda west 125.75 feet, South 57 degrees 45 minvies 33 seconds West 69.34 f ct, south 06 degrees 16 minims 32 oer:anda East 114.81 feet, South 21 degrees 50 minutes:4$ mconds West 91.50 feet, South 03 degrees 00 minutes 32 aemnds Esst PL63 foci, $cunt 54 dogrep 20 minutes Q5 neaonds Ease 41.10 scot. Nam g0 daroos N auinums 37 secoWs East 32.04 fact. North 25 degrees 42 eulnutos 46 seconds Bast 31.96 Ceti, Jun-09-2006 10:42ms From-MURCHISON TAYLOR ATTY +91IT636561 T-435 P.008 F-895 =tsxz °A" COM M4 6 PG 12 9 North 58 degrees 93 minutes S7 rf89 de :eel 41 minutes 05 �� g seconds East 78.OA , 4 ;1nutea 69.18 Iet, South 23 dogrecs 20 minutcs Ess[ 5 evoce ahlnutes 32 seconds s Well 32.79 feet, South 25 degrees 14 mina at 71.19 feet, South 09 degrees 38 minutes 51 seconds Past 77.81 fete, South 70 a O7 minutes 30 seconds East 32.42 feet, South 15 degrees 47 mintilm 41 Seconds West i14,58 ttsot, South 13 dogma 36 minutes 39 seconds West 43.85 feet, South 1S degrees 32 isimutes 30 seconds East 49.36 feet, South 06 degrees 24 minutes 52 seconds West 96.02 Poet, South 69 degreea 47 minutes 24 seconds West 101.37 feet, South 64 dogrow 37 minutu 08 seconds ' West 108.06 feet, Saudi 03 degrees 12 minutes 06 accords West 51,61 feet, South 27 degrees 41 minutes 15 seconds West 98.66 tics, South 19 degrees 40 infante: 42 seconds East 52.09 feet, South 48 degrees 29 minutes 46 seconds Wes[ 76.26 teet, $ouch 54 degrees 20 minutes 40 seconds East 25.201W, South 42 degrees 07 minutes 47 seconds East 69.24 feet, South 35 degreea 10 minutes 00 "conds Best 44.93 feet, South 39 degrees 35 mirwics 51 sxconda Best ASS feet to a point located in the northern right-of-way line or N,C.S.R. 1536 and being a southern corner of the Sheba Atkinson Slater propedY as per Map Hook 22, Page 35 of the Ponder Cottrtty Registry, thatce leaving Ring Branch and along the rwdwm right-of-way line of N.C„ 3.IL 1530 and along it curve to the left having a radius of 430,01 feet wbfch has as arc hUth of 253.70 feet and a chord bearing and chord of South 19 degrees 44 minutes 08 seconds West 261.30 fwt'w a point, thence continuing with said north= right-of-way line of said N.C.S,R. 1536 and along a curve to the riglu having a mdius of 473.74 feet which has in are length of 254.97 Poet and a chord hearing and chord of South 21 degrees 05 minutes 09 seconds West 231.90 feet to a pok. thence eontIzIng wkh said right of way lino, noW beir;g the western right•oRway Ilne, of N.C.S.R. 1536 South 54 degrees 00 minutes I8 seconds West 132.30 ftt to a point located in the intersection of the Western right-of-vay of N,C.S.R. 1936 and the northern right-of-way line of N.C. Highway 210, thence being the said right -of --way intersection and with said northem rlght-of-way Ilne' of N.C. Highway 210 South 88 degrees 23 minu tee 10 seconds West 146.01 feet to a point, thence Continuing with said northern right-of-way line of N.C, Highway 210 South 95 &egmca 24 minutes 16 seconds West 238,87 feet to the point and pinto( beginnhtg. Being the First Tract and the 1Uird Tract of a property described in Deed Book 328, Page 449 of du pander County Registry. nhhg 151, JOS acres, as surveyed 1as Francis Rigpa, P.L.S,1-981 on September ,The �ry�� correct In angtlsr relationship and. are reforettoed An Ingresa, Egress, Regreaa & i3tilj.y'*j;k& described in Deed Book 2MO, Page 131 of the Ponder County Registry. A WD-foot Carolina Power & light Easement. A posslbto area of confl lot: Being An approximate 2.3 acre portion of both the southern comer of the Nettie Hardison prop" as described In Deed Book 1425, Page 255 turd Map Book 31,. Page 90 of the Pager County Registry and the southern corner of the Patnela Alexander property as described In Deed Bank 1426, Fags 322 trod said Map Book 31. Page 90 of the Pander County Registry, Charles Frarieis Riggs, P.L.S. L-2991 Subject to all easements, rights of way, restrictions and other cutters of record, all governmental land use statutes, ordinances and regclations applicable to the above described property, including zoning, nubdivisionrand building regulations, and Pender County ad valorem taxes for the current and future years Jun-09-2006 '0:42am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.009 F-895 P6Ntaa CWi!'Y trc o�a>/xoos P d 9 a PG 0 3 J _e S13f0.00 ° g - s1� � Excise T J REGISTER OF 0 E RENDER. COUNTY, NC Recoadad Yarlliad Ioyce I & Wad Reginter eeds (a Z2A.— Pander NC Wn1ZrW CAl Ml.411rA nwxiMAL WARRANTY DEED 716 inatrttsexcwas pnapa:ad by; Ftas end Fttirksy. P.0 , Post O1Hoe Box 2550I114 N. TD fI Drive, Surf City, NC 28�43 adddescription f ur dte lttdwr ,. APPROXIMAMLY 68A9 ACRES THIS DMM ttstde Otis 179i day of AM 20,Q, by sad betaua Jam P. WUy end wife. i.►sal,)&ny DCNC Nath CroHna 4 L.L.0 formedyknown as Lisa P.'ltompsoa; end 401 ClW Ave. Sm. 710 David L Sbarpe andwik, Susan ld. Sharps Bala C aveyd, PA 19004-1150 717 Chadwick Shares Sneads Ferry, NC 2846D their heJra, eaeaawara,+md atedsm, sad shall inoMtder Cmasry,NadhCamlidrand See Attachroart A aueched herii A —twin by rdua = ee if fulV aei Earth. NO MLE SEARCH REQUESTED OR MADE. NO CLOSINGS UNDERTAKEK, The ptopettyberduabove dascrlbed was acquired by il�r by hutrt�mh mcorded in Hook • 1457 page 250 Book 5455, Page 114 and Book 1513, Paso 175 A map 41saMa the above deserlbadpoupatty is recorded io PhRBook 32 pass 90 NC Ba AswdRd=Vu=NQ. XA 01976, Revised 019", 2002 -PdWad by Agieomsat vrhh the NC BarAaodatiasd-1981 SofWw Corpmntioe, W B. Six Pa'ks lid., RaWZk NC 27600 3 Jun-09-2006 10:43am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.D10 F-695 TOSAVEAIM TOM.DtieRft= d1otorpaede1 in Fee siwle. And the (banEorcovmm�vaith9ce t3mtee,lastciratce ftaiopk,dwttddeis WmdfreoandGleerofd the lewrml oleitm oral! pmaoos whmmoavar, 0dtat• than'. ?lammeriSfut000mg dMlaw im w title �� E r W1TNP9g }VfI8R ew_ the unamr bae chip femrind die foeeQo a ii of dta 110 i�q' Noma) i� Tithr By Tide: 1 —(SEAT') Smsa M. 3hwe State of N0& Ctsofiea - COMW of +W'" CPI- 1, dw on&nftoed NoWPoblc afthe Countywd Shoe aibtoiaid, —*tbat W_ McRm agd David L SbM and We. Stem M. Shmpa Pasaadly wjmm dodged the due eawastim oft o f[egobtg mdmwmt far "Pop— &Web aqMll ahmp WHO dds 'day 0f rgae , 20 01S n _ — Ady Cat>miadm ibgp:a: y/ ^/ �• 2ao q Staht orNotth Cssdae - County of _ 1, the mdealwd.N"Publit:ofthe Com V adShtaefoteeeid, aertlfydmt pwinnaty eras bdlbm tno this Uy wd -he-~ drat 5e m the of a North o dira or �1rb�ia�r�i+1°�(attg8auoufbOtatoapplieablr�,aud thatbyanthodtydolyRivaa,eulaatbeectefaucheeRiky, heN�edibetbteSofnSieoeumentiaisnrmeoaitoh�dfaoieeamaod dead: Wham toy bwd a4 Notmial sdmp or seal, dots day of . 2 . My Co�etats Hapira: SbhofNacdoCatolma-cutrol rof ` I I i. the N uq Poblin ord a &m wd Sao d=~ thN�� Witawq vW bWand Nototlal atmtp or Deal, dtia _ day of My COrnml -&*N: Thef _V,kSCew1cffte(a)0f is*ectunedloinccm=t.7UstoanmoetMandab m damssvdortyuppedatd1edadaspdamenodistlw:8oskaedPagadawn IagNla cir Vas$ for �... IV C-19Y 13y )epuq/AasiYam.lieSaYr oYDecde NC arA=miubnFormNa L-3 01976, @ 1 .=02 Pd and by AFc=m vo the NC BorAom lation-1911 SofWm C&pomdm 333 B. SixF*dm Rd, Roidg' , NC 27609 Jun-09-2006 10:43am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.011 F-895 j� BK2690PGO4I ri !' iitK. !!' P ja BEING ALL of that tract containing '69A54 acres, more -or has, lying north of North Carolins Highway 210 in Topsail Townaihip, pander County, North Carolina; said tract being more particularly described by course. and distaaces according to a sarveY dated .lase 21, 20059 by Cha.rhm Frawls Riggs, P.L.S.14991 as faftm. 'Commencing at an mdgt4 Fencer Kahn nail in the centerline irnersecpon of N.C.S.R. 1536 and N.C. Hlghvky 210, -thence leaving avid centerling intersection and along the r entarliae of KC. Highway 210 South 87 degrees 46 minutes 33 seconds Wost 506.0g'feet 10 Atr-existing magnetic nail In said centerline, thence leaving said centerline lrlorth of degrees 06 minutes 57 seconds West 32.74. feet to an existing iron pipe in the northern eight -of -way IIne of N,C. Highway 2l0, thence leaving said nortbem right-oivray line North 21 degrees.A3 minutes 27 seconds West 571.12 feet to. an existing.. iron pipaq,, thmce Igoutit 66 degrees 05 minutes 56 saoonds West 279.23 feat to an existing iron pipe and being THE TRUE poW OF BEGINNNNG: thence from the above described true point of beginning South 66 degrees 45 minutes 28 seconds West 346.69 feet to an existing I= pipe, thence North 36 dogrees 31 minutaa.33 seconds Wast 2,996.93 facet to a sot iron rod, thence North 36 dagmes 30 minutes 59 seconds West 1,316.52 feet to an existing cancra;e moturmmt, thence Noah 35 deism 02 minutes 10 s ds East 7,58.46 feet to an exists g pipe, thence South 36 degrees '46 m 44 secomb E o an Misting iron pipe, thence South 67 a Est 288.55 feet to as existing iron p> h d 'vies 32 seconds East 372.99 #bet to its t _ degrees 29 minutes 13 ascend, East 600.43 feet to, pe and bents fate point and place of beginning. Containing 68.459 acres surveyed by Charles Francis Riggs, P L.S. L-2981 an Jane 20. 2D05- The nouraes contalaed within we correct in angular relationship and arc re6lieneed to NAD1983, The above described tract is sahiieet to a log` powerlira Easement as shown on Map Book 32, Pugs 90 of the panda, County R0318M. BIKING ALSO PART OF THE PROrIMTY described in fiat dew recorded is Book 1513, Page 17s of the pander County Registry; and SUBJECT To certain realrictioaa described in that deed recorded in Book 1513, page 179 of the Pendee County ilegiatry. SPOLa Jun-09-2006 10:43am From-MURCHISON TAYI.OR ATTY +9107636561 T-435 P.012/031 F-895 offi!a cauarr ac Excise Tax ICEGOOD fcE EEOS i'F.NDF.R COUKITAII TOK O _ a9Yt)I Draftsmen: DAVID C. f D Nor th 9sog17�� P.O. Drawer 1 2640Z s BK2713PG244 WARRANTY DEED THIS DEEDr made and entered this 8TH day of July, 2005, by and between, MARIO S. KWHAM (widow), (heroin "Grantor'), party of the first part, and, DCNC NORTH CAROLINA I, L.L.C. a North Carolina Limited Liability Company ('Granted'), party of the second part, whose mauling address is: 401 City Avenue, Suite 710, Bale Cynwyd, PA f 8004 The dasignation Grantor and Grantee an used herein shall Include said parties, their heirs, successors and assigns, and shall inolude singular, plural, mescuiine, feminine or neuter as required by context. WITN_ESSETH THAT the said Grantor, in consideration of the sum of TEN 4410.00) DOLLARS, and other good and valuable considerations paid to it, receipt of which Is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee al of iclowing described lands partially located in the Town of Surf Pander County, North Carolina, and ing more partioularly described as follows: W Gf,panel of bard located lu Topsailouaty, bft more pardeal" described bit and incorporated. by reference. RUAar County taxes, applicable erfa aff renord, sad .ty. stsk and federal fees and rewdodoaa rekidye to the saiaS occupancy, subillridoa, asaM contraction and development of the ■have property. 4 Jun-09-2006 10:44am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.012/031 F-895 TO HAVE together 7t I obligations Grantee, In au n 2713PG?k5 and described ends and premises, n ts, prfvAeges, essemente, tenementa, duties, anywise appertaining unto the acid AND sold Grantor covenants with the` Nrjtae that the Grantor Is seized in fee simple of the above granted and described promises, and has good right to sell and convey the same in fee simple, that the title Is marketable and free and clear of all ancumbronoes, except as herein set forth, and except for 2006 ad valorem taxes, and usual utility easements and rights of way of record, and that said Grantor will WARRANT and DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TE6TMONY WHEMF, the Grantor has causao this instrument to be executed In its company name by its duly authorized memberimanagers who have hereunto met their hands and seals all the day and year first above written. WUMO S. HUM$ff (widow) ;STATE OF NORTH CAROLINA COUN'rY OF WKW HAtiOVItR J,� blattArM . Zf1.IP.r&P;f a Notary PWA, in and For the afozesaid County and State do hereby certify that Merle S. Illuf9rain (widow) personally appeared before me this day and solmowledged the due execution of the faregoing ittakutnetd for the purposes therein =Kassed. WrMSS my bend and notarial scal, this the v day of Jull, 2005 My sic Expires: NoanyPublic• (NMAKIAL SEAL) 6I. n cwoaammis nd sgs,mrD■vWWy atasadd V=OO@P 7� m (� Jl?. a 2 mYGB - Cmre$ elDladi aedi Jun-09-2006 10:44ant Fron-NIURCRISON TAYLOR ATTY +9107636561 T-435 P.014/031 F-895 BK2713� -.(0FT AMI G ALL of that tract containing 20.487 sores, more or less, lying hrTopa p, Ponder County, North Carolina; said tract being more particularly described by courses and distances according to a survey dated July 7, 2005. by Charles Frarmia Riggs, PIS. L-298I, as follows: Commencing at a act magnetic nail in the centerline intersection of N.C.&R. 1537 (Man Holloway Church Road, a 60' right-of-way) and U.S. Highway 17, thence leaving said centerline intarpmdmn North 75 dgpvn 24 neinew 56 seconds Hest 454.16 feat to an erdsting iron pipe located in the eastern right-of-way line of U. S. highway 17, thence owainning with the mid eastern rW*f--way line of U.S. Mghway 17 North 64 degrees 49 minutes 22 seconds Past 528.42 feet to an existing iron pipe located at the common oorow of the Nellie Moore property as per Deed Book 456, Page 216 and the Gloria J, Dearmas and Norman E. Shepard property as per Dead Book 997, Page 340, thence continuing wudt the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 24mirmtes 12 seconds But 326.22 feet to an aristing iron pipe located at the western comer of the Osten 0. Hardison and wife Jaquelure D. Nardison Taparty as par Deed Book 754, Page 755, thence voutinuing with the said eastern right -of --way line of U.S. Highway 17 North 64 degrees 30 minoto 27 seconds Eau 129.95 ibet to an existing iron pipe located at the conmmon corner of the said 081mt property and the Will F. Two and wif Maria A. Two property as per Dead Book 746, Pa$e 148, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 50 mic tes 15 seconds Bast 123.51 Awt to sn exduing iron pips located at the common cornet of the said Tate property and the Veamn Clayton property as per Dead Book 1009, Page 254, thence continuing with the said eastern right-of-way line of U.S. Highway 17 North 64 degreca II minutes 29 seconds East 29.53 feat to a right-of-way disk thence continuing with the said team right-of-way line of U.S. Highway 17 North 64 degrees I minutes 29 seconds But 100.26 feetto an existing iron pipe located at the comtnan comer oftbe said Clayton property and the James D. Dbon pmperty as por Deed Book 403, Page ] 51, said iron pip located South 49 degnxs 3I tain�trs 04 seconds West 111-99 feet from N-C. onument "Plea 1984" D northing of 263,180.4808 and an essthrg of , wasting tars pipe and continuing with the .S. Highway 17 North 63 degrees 23 8.7 to a iron pipe located ar the common eorruar ixroa Atha a Dearman property ere per Deed Book 9 age 137, thenee�s right -of --Way line of U.S, Highway 17 and with the said Deanoas ]ins degracs 56 minutes 14 moonda Best 1213.47 feet to an existing iron pipe, end being the TRUE POINT OF BEGINNIM: themes from the above described true point of beginning and with the acid DCsrmas line North 30 degrees 45 minutes 24 seconds 600683 Jun-09-2006 10:44aar From—MURCHISON TAYLOR ATTY +9107636561 T-435 P.015/031 F-895 SUBJECT io a 100-foot Caroline Power & Ligbt For reference purposes for source of title, see: (1) 135; and (3) Book 2, Page 191, Paeder County R East 13I.86 feet 10 11= Ibbatdff at 4tera corner of the Lester Bryant Shepard pr r 4, the Shepard lineNordi30degre 5mimrtes24 ttoaactironrodIoeatcd in the western corner of Lot I of the Solomon Bard per Map Book 31, Pago 90, thence leaving the said Shepard line And with the southern line ofsaid Lot I and Lot 2 of the Solomon Hardison Batata 3euth 54 degrees 48 minutes 59 seconds East 389.83 feet to an existing iron rod located at the southern corner of Lot 2, thence continuing along &a said Ha disen Estate line South 54 degrees 48 amirartes 59 seconds 700.67 That to an existing iron rod located in the sotttbesn lime ofths Nadia Hardison properly as per Dead Boost 1428, Page 265 and Map Book 31, Page 90, thence with the said Hardison line South 54 degrees 48 minutes 59 seconds Bast 422.16 fact to a set iron and located in the centerline of Ring Btanab, thence leaving the said Hardison line and with the said centreline of Ring Branch the following courses and distances: South 72 degrees 12 minutes 44 seconds West 19.36 feet to a point thence South 65 degrees 46 minutes 43 acconds West 182.92 feet to a point, thence South 83 degrees 12 minutes 25 seaomb West 315.13 stet to a point, thence North 89 degrees 59 minutes 46 seconds West 398.30 feet to it point, thence North 74 degrees 43 minnaea 29 seconds West 113.86 feet to a poim, thence North 80 degrees 14 minutes 33 seconds West 571.89 fsetto a point thwee North 43 degrees 4I minutes 35 seconds West 110.91 fad to a point located at the southern comer of the Gloria 7. Deamute and Nonnon E. Shepard property ae per Dead Book997, Page 14 0, dtenoe leaving the mid centerline of Ring Branch and with the eastern Deemtaa and Shepard line Nort 30 degrees 45 mitmree 24 s=nde Fast 257.32 fact to an existing iron pipe located at the common comer of the said De emu and Shepard property and the McCager Bette property as pm Deed Book 927, Page 250, thence with the eastern Bats line North 30 degrees 45 mfrnttes 24 aeconds Last 115.58 fact to a act iron rod located at the common corm of the said Batts property and the said Clayton property, liana with the eastern Clayton line North 30 degrees 45 minutes 24 sownde East 234.36 f6et w an existing iron pipe located at the common comer of the said Clayton property and the said Dixon property, thence with the eastern Dbton line North 30 degrees 45 minims 24 seconds Beat 128.14 tot to an existing iron pipe, the point and plats] of begitmfng. Containing 20.487 acres, as surveyed by Charles Freno!s Riggs, P.L.S. L-2991 on July 7, 2005. The wareas contained within are correct in angular relationship end are refiamucadip NAD 83. ncg x& Jun-09-2006 10:45am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.016/031 F-895 rota cam sr CipTe O• � �CoU V +, ♦ F.M EH.SWICEG000 ER Of SEEDS FENDER COUNTY, NC, 1(0,� • „ � a�tYclt W.in��i� 1J Drafcwnan: DAYIp C. OT f 107-C North aso n i'.0. prewar 1 P.O.or-IV arth C 284a2 8(2713PG244 COUNTY VXVPMMR WARRANTY ORD THIS DEED, made and entered this 8TH day of July, 2005, by and between, MAIiIS S. HUFHAM (widow), {herein `Grantor"1, party of the first part; and, IDCNC NORTH CAROLINA 1, L.L.C. a North Carollna Limited Liability Company ("Granter"), party of the second part, whose mailing address Is: 401 City Avenue, Suite 710, gala Cynwyd, PA 18004 The designation Grantor and Grantee as used herein shall Include said parties, their hairs, successors and assigns, and shell include arngular, plural, masculine, feminine or neuter as required by context. WITNESSETH THAT the said Grantor, in consideration of the sum of TEN 1#10.00) tyULLARS, and ather good and valuable considerations paid to it, receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell and convey unto the said Grantee all of following daeoribed lands pardelly located in the Town of Surf City, Fender County, North Caroline, and more zdd ulsrly dascrlhed as follows: Being all of certain tract or p Pr ow4r... A'6 Townddp, Peader Ceadty, hetag upon Exhibit A hereto numb P & 3JBJEC7 TO 2005 Peoier Coaaty loxes, appi4� record, and am beat, county, state mud federal laws and relative to the widm6, oecapseiq, subdivision, wage, crneractlon sad dr v iq=ent of the shore Waperty, M Jun-09-2006 10:45am FrwAURCHISON TAYLOR ATTY +9107636561 T-435 P.017/031 F-895 TO HAVE AND TO together with all arg obligatirals anti epp ii Grantee, in fee simple, Mi245 lands and premises, easements, tenements, duties, ar_de■,aooertalnlna unto the said AND sold Grantor covenants with the Grantee th t%6 Grantor is seized in foe simple of the above granted and desedbed premises, and has good right to sell and convey the same In he simple, that the title is marketable and free and clear of all encun*ranoea, except as herein set forth, and except for 2005 ad valorem taxes, and usual utility easements and rights of way or record, and that gold Grantor will WARNANT and DEPEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHERNW, the Grantor has caused this instrument to be executed in its company name by its duly authorized membertmenagers who have hereunto set their hands and seals all the day and year first above written. S. MU (widow) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVZR X '10-horJi Al I it u„dup—1a Notary Public in and for the aforesaid County and State do hareby certify that Marla S, ilothem (widow) personally appeared befbre me this day and acknowledged tine due execudan of the foregoing instrument for the purposes therein wgnssed. WITNESS my band and notarial seal, this the '! day of Jtriy, 2005 `?A, �A, My seer Expires: Notary Public, d (MMAnAL gam) ✓W YpiAilk FF�9�TA L'.Wmm m nad aerdrWW rv(dMy D= ,n a fig. xa=CAN= (Cram" ULL"t -it 411Wmw UL L ' AAmLe§- 2 ]ram S1Yri• �o a0oeOh Jun-09-2006 10:45am Fran-MURCH150N TAYLOR ATTY +9107636561 T-435 P.018/631 F-895 '4t �.4 BK 91V"emk UWW"a L 0 8MG ALL of that treed 000taining 20.487 acres, more cast q lying h 1 TOMMMp, Pander County, North Caml*- said had being more patticalarIy dosaibed by corneas and di3tence9 according to a survey dated July 7, 2005, by CharlesFumis Biggs, P.L.S. L-2981, as Mows: Commencing at a ant magnetic nail in the centerline inleraeetion of N.C.SA 1537 (titan Holloway Glnach Road, a 60' right-of-way) and. U.S. Highway 17, Thence leaving said camotliae intersection Nash 75 dogtees 24 minutes 56 seconds East 454.16 feet to an existing iron pipe located in the eastern right-of-way line of U, S. Highway 17, thence oontb wing with the said eastern do"f--way line of U.S. Highway 17 North 64 degrees 49 minutes 22 seconds East 528.42 feet to an existing iron pipe located at the common comer of the Nellie Moore property as per Deed Book 456, Fags 216 and the Gloria J, Doermas and Nomtan E. Shepard property as per Deed Book 997, Page 140, thence eoatmning with the aid eastern rigWof-nay line of U.S. Highway 17 North 64 degcas24 minutes 12 seconds East 326.22 fen to an existing iron pipe locatedat the westean cornet offm Oston G. Hardison and wilis Jaqualine D. Hardison property as per Deed Hook 754, Page 755, thence vontmrting with the said eastern right-of-way line of U.S. Highway 17 North 64 degrees 30 mitmtes 27 seconds East 129.95 fast to an existing iron pipe located st the common coma of the said Osten property and this Will B. Tate and wile Maria A. Bate property as per Deed Boob 746, Page 149, thence oontiming with the said eastom right-of-way lime of U.3. Highway 17 North 64 degrees 50 minutes 15 seconds East 123.51 fMt to an existing irm pipe located at The comism tamer of fne said Tate Property and the Vemon Clayton property as perDeed Book 1009, Page 294, thence coaftu tg with the said eastern right-ofway line of U.S. Highway 17 North 64 degrees 11 minutes 29 seconds Hass 29.53 feet to a right-of-way dick, thence caut hwim with the said eastern right-0f-way, line of U.S. Highway 17 North 64 degrees 11 minutes 29 woonds Hast 100.26 batto an existing iron pipe located stihe common comer ofthe said Clayton properly and the James D. Damn property paper Deed Beck 403, Page 105ironpipo being located South 49 degrees 31 minutes 04 second; s 3 N.C,G.S. Monument 'Tin 1984" having a an casting of 2,425,229.36$ them leaving said r ® and contiming with the said eastern tight o€way line of U.S. y 17 tnioates 40r13T.s Baet 138.73 Beet to an axiadng v at the coouaon coir"d of theed Fa00k9 i,atight-oRwayEne Highway 17 and e said Deamua Hue tenth 48 degrees 56 minutes 14 seconds Hest 1218.47 fact to an existing iron pipe, and being the TRUE POINT OF BEGINNING: thence from the above deacrlbed true point of begimung and with the said Deartum line North 30 dogmas 45 mimtas 24 seconds 600612 Jun-09-2006 10:46am From-MURCHISON TAYLOR ATTY +910T636561 T-435 P.019/031 F-895 C 624 7 East131, V',b eomoroftheLcater Bryant 8 a ook , with the Shepard line horde degrees 45 menu 0.99 feet toa set iron rod locate in tiro wcdcm comer of Lot 1 of the 3olom Fugate, asper MV Hook 31, Page 90, thence leaving the said Shepard One and with the southern line ofuld Lot 1 and Lot 2 of the Solomon Hardison Estate South 54 degrees 48 minutes 59 seconds East 389.93 feet to as existing iron rod tocated at Ste soatbera corner of Lot 2, thence continuing along the said Hardison Estate lime South $4 degroes 48 minutes 59 seconds 700.67 feat to an existing iron rod located in the soutbem line of tba Nottie Hardison property as per Dead Book 144 Page 265 and Map Book 31, Page 90, thence with the said Hardison line South 54 degrees 49 mantes 59 seconds East 422.16 feet to a set iron rod located in the ceeterline of Icing Branch, thetas leaving The said Hardison line and with the said centerline of Ring Branch the following courses and distances: South 72 dogmas 12 minutes 44 seconds West 19.36 fact to a point, thence South 65 degrees 46 minutes 43 seconds West 192.92 feet to a point, thence South 83 degrees 12 minutes 25 seconds West 375.13 feet to a point, thane North 89 degrees 59 minutes 46 seconds West 398.30 feet to a poitrty thence North 74 degrees 43 minutes 29 seconds West 113.86 &et to a point, t$eace North 80 dogma 14 minutes 33 seconds West571.89 feet to •point, theam1NDdh 43 degrees 41 minutes 35 seconds West 110,91 fed to a point located at the southernt corner of The Gloria J. Deatmas and Norman E, Shepard property as per Deed Bock997, Page 140, taenoe leaving the said centerline of Rung Branch and with the eastern Dearman and Shepard line North 30 degrees 45 ro nutaa 24 seconds Fast 257.32 feet to an existing Iron pips located at the eo nrum comer of the said Dearmas and Shepard property and the McCager Aatts property as per peed Book 927, Page 250, thence with the castarn Batts lino North 30 degrees 45 mimates 24 seconds But 115.58 feet to a act iron rod located at the common comer ofthe said Batt, property and the said Clayton property, thence with tie eastern Clayton line North 30 degm® 45 minutes 24 sewade East 234.36 feet io an esdding iron pipe located atthe common comer of the said Clayton property and the said Dixoapsopeny, thence with the eastern Dixon line Notch 30 degrees 45 minute 24 seconds Fast 128.14 it et to an eadatingiron pips, Ere point and place of beginning, Camiming 20.4g7 acres, as aurveyed by Chmies Francis Rigga, P.L.S, L-2911 on July 7, 2005. The course* contained within are oomzt in angular relationship and ed to NAD 83. CT F 1 a�Easement. o �- (1) Book 367, Page 605; (2) Book 214, Page i 35; and ( �ader County Register of Deeds, a /J 6050.2 Jun-09-2006 10:46am Fro "URCHISON TAYLOR ATTY +910T636561 T-435 P.020/031 F-895 nIn4 on"p90a,aa "K 2 7 21 Pa Q 91 �tatc A � �p �i Lug In 0� GOOD � ��U 711 PFNDflq CORTY, HC WAI,RRANTY DEED r : MURCHISOIY, TAYLOR & GIBBON, PL.L.C, 6 North Fifth Avenue, Wihalson, NC 2MI STATE OF WORM CAROLINA COUNTY OF P '"jiWtnc�e St A-TOtl•DQ �N9 TAX PARCEL: THIS DUD, made this /q9' day of July, 7.005 by WA hetwoen, VER14ON CLAYTON AND WD7, GL14A CLAYTON, herein, whedw one or mom called GRANTORS, and DCMC NORTH CAROLINA 1y L.L.C., a North Cawlima limited liabiliy company whose mailing address is 401 CIW Avenue, Suite 710, Bala Cynwyd, PA 19004 herein, whcdm one or more, called GRANTER, WITAIESS_ETH TKA: TB E CRANTORS, for and in consideration oZpan!"In of Tea Dollars ($10.00) uad oth valuable considerations to them in hand paid by tite , the receipt w acknowledged, have bargained and sold, aed by These by unto ORANTEE, and its successors and assigns forever, tad +n New Hanover County, North Ca vilne, described in E and/ , MR11 R � hereia by ifs¢e:tce: IM Jun-09-2006 10:46am From-MURCHISON TAYLOR ATTY +91OT636561 T-435 P.021/031 F-895 =21 P63 10 SUBJECT TO all s of retard, all govmnenland use racludiog zoning, subdivision arm bbetidingg regaled #br eu eat years. TO HAVE AND TO SOLD die above gran � property, together with all and singular, the rights, privileges, easements, tenements and ccc theretunto belonging, or is anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple, iiorevtt. AND THE GRANTORS, for themselves, their heirs, snoccoom and assigns, do covenant to and with the said GRANTEE, its successors and assigns, that they are seized is fee of the property described above; that thoy have good right to sell and convey the same in In simple; *0 the same is free and clear from guy and all reat6adons, easements or encumbrances, except those mentioned above; and that they will, and their, heirs, successors and assigns shall, warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said 13RANTORS bsve heratnto set their hands as of the day and year &et above written VMMNULXYTON GFftA CLAYTON STATE OF �.� COUNTY OF I, .0. iL4MM=e ,.a Notary Public in and for the State and County aforesaid, do certify that VF,RPTON CLA'YTON AND GERA a AYTON personally appeared before me this day and a&nowledged the due execution. of the foregoing instrument, WITNESS my hand and al seal this 1Y 41-UU IN �y o my t1 My CommissionExpires• /o � , p,MR O�� L r t>tl�dbitatmrel,'111i1�ligr 11,Q�,Q�J '��°�!;".. � � „ wbRRRRNMON tl Jun-09-2006 10:47am From-MLIRCHISON TAYLOR ATTY +9107636561 T-435 P.022/031 F-895 t 6,725 Acre Tract on U.S. F1$ghwry 17 Topsail Township, Pander County, North Carolina Commencing at a set magnetic nail in the centerline intmaectieo of N.C,S.14,1537 (Man Holloway Church Road, a 60' right-of-way) and U.S. Highway, 17, thence leaving said centerline ktersection Ncrth 75 degrees 24 minutes 56 seconds East 454.16 feet to an existing Iron pipe Toasted In the eastern right- way line of U. S. Highway 17, thence continuing with the said eastartright-of way line of U.S. Highway 17North 64 dogmas 49 minutes22 seconds East 529.42 fbdta an existing iron pipe located at the common oormeroftheNellia Moore propertyas parDeed Back 456, Pap216 and the Morin 1. Deatmns and Norman E. Shepard property as per Deed Book 997, Page 140, thane continuingwidr the said essternrlgltt-of--wry, lineofU.S. Highway 17 Nm*64 degrees 24 minuus 12 seconds East 326.22 fast to an existing iron pipe legated at the western Corner of the Croton (1, Hardison and wife Jhrgaeline D. t1anlison prolmly as per Deed Book 754, Page 755, tlnmea coatinuingwilh the said eastern right -away line ofU,S, highway l7 North 64degmce30 minuW27 mcoods East 129.95 fact to an erdating iron pipe located at the common Comer of the said Oston property ad to Will R. Tate and wife Maria A. Two property as par Deed Book 746, Page 140, thence continuing with the said eastern rigi*of-way line of U.S. Highway 17 North 64 degrees 50 minutes 15 seconds East 123.51 hatto an a dofth oupipe located atthe northern corwafthe said Tate property,aad being theTRU16 POINT OF BFiCiDMO: thancef nathe above described true point of beginning leaving tie said eastern rightof-wry line ofU. 5. Highway 17 and with the said Tate line South 49 degrees 12 minuics.43 seconds But 199.90 feet to an mdsting iron pipe, thence continuing with the said Tate litre South 64 degrees 19 mhratas 47 seconds West 123.77 feet to an existing iron stake boosted in the sotthern Comer of the Oston G. Hardiswt and wife, Jaquelim D. Hardison propertyu per Dead Book 724, Fags 61, thence with thencrtheaatem Oston line South 49 degrees 18 minutes 00se¢ondsls'ast 129.40 fast to an existing iron pipe, thane continuing with the said Oston Has South 49 degrees 08 minutes 23 seconds Bast 100.00 feet to a point located Ta the northern camorof the 0stonG. Hardison and wife7aqualineD. Hardisoapropertyat per Deed Book 913, Page 192, thance with the northeastern Oston Una South 49 degrees 05 minutes 24 mconds Em 100.38 feet to a pond located in the Comaaoncorner af the said Oaten property and rate NloCgw Baas property as per Dead Book 9227 2 ,thtcame ridtthenoNm r�eraBsttsftSouth 49t1gpu05 inutes06aecond f iron rod located inlhaweahxnlinaoftheFloyd Ilutiram neNm*30dogreas45 minutes249eeondsEut234.36 fen t"e��orr Rs6atadatibecommonComoro fthesaidIinfhamproperty endthaJames D. (� n nary as per L 151, the= leaving the avid Hntham line and with the "saldD' 9degreo04mice9ss06scsondsWest 503AOhot topahrythenccgcetieuing with thasaid grata 0l minutes 0l seconds West 790.52 feat to an existing non Pipe located in the: said a of -way 11na of U.S. Highway 17, sold existing iron pipe being located South 49 degrsss 31 minutes 04 seconds West 111.99 fact froniN.C.G.S. Monument "Flea 1994" having a northing of 263,180.4903 and an casting of 2,425,229.362, thane leaving said oxistingimn pipe and with the said owdom right-of-way line of U.S. Highway 17 Snadr64 degmea 11 mTnutes29 seconds West 100.26 iieetto a righFof-waydislc,thencocontinuing wkh sand costem right of -way Mac of U.S. Highway 17 South 64 degres I I minutes 29 seconds West 29.53 feet to an ratistingiron pipe, the point andpiaee ofbegitudag. Bdnga pwdon ofdm p n"dwerihad in Deed Book 1009, Pago254 efthe Pander CammtyRogistry, Containing 6.725 acres, as surA*W by Charles Francis Riggs, P.L.S. Tr2981 on duly 19, 2005. The wises contained wMinare correctin angular relationship and are refereaeed to NAD 93. Further, property descripuen mdudes mararfactured home which Grow= intend to be treated as real property and which is described in Exhibit B (Declaration of Intent to Affix the Manufactured Home to R A PropettyX attached hereto and incorporated herein by reference. Jun-09-2006 10:472m From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.023/031 F-095 r( OK212 I P9312 NORTH CAROLINA Declaration of lotrnt Tip Afrk the Manufactured H me COUNTY OF FENDER to Raed &man ant to N.W.S. 47. 40.71 The undersigned amen hereby certify and declare as follows: 6. We ere the owners of that certain manufechuvd home (llome) described as fbilaws: Manufacturer - Make Redman Year / Model or !;cries 1994 Stonebrook Vehicle Identifmdon Number PFM00646 and PFM0D647 Serial Number 13902473 7. Said home hoe been or will be placed Vat Rest Property. which is owned by Owners pursuant to deed recorded in Book 1009, Page 254, Pander Canty Repatry, more particularly described ae follows (including tax parcel or map ident tieatlouk a, it is Owners' express intension that Ike Banco be considered and treated as Real Property ibr all purposes, and that any culwayances of or anumbrasces upon the Real Prop" shall include the Dome me parmarneat improvement thereto. 9. Hither: &__ (a) the Home hu ewer been titled by the North Caroliea Department of Treeaport cu36 Atvision of Motor Vehicles and the originai ma Trees Certificate of Origin U is or (X) Is not attached, or (b) the title has been surrendered and canceled by said Division of Motor Veddcies. 10. The Home his been or wt be listed, assessed property for ad valorem tax* in the above County tfleom a S. 105-473(13)) All personal property taxes forF49 eve teen paid in tb11 pursuant to N.C.Cr.8. I D5-355 umaQ 11. The following coasts the Hame•or Roal Property: Owners covenant that this Declaration may be relied upon by landers, parcha=6 attorneys certifying two to said property, Title Insurance companies inun tg title to said Real Property {ptoluding the home as a 55303 Jun-09-2006 10:47am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.024/031 F-895 8272 permanent improvement there a gt �t r6& saawasom end assigns unless and until an insihumettt sev n the aforesaid Registry. Lei Wlnms d h.V ) and seal(sl tWs the y Of 5. (SHAL) 4V- men ton ((��,,,,� ���� OWNER y �A� C�^:fT4'r �_ (SEAL) Qena sue Clayton � OWNER 35303 Jun-09-2006 10:48an Fran-MURCH130N TAYLOR ATTY +9107636561 T-435 P-025/031 F-895 "Ing cwstx � =a BX 2 8 5 I PG 2 9 9 $34 . �J0 llec snavelified DEEDS l hit. coo" ' N T Y, NC beefs lIN � �aaro-5ab4"i1�A o e b P Court{y,DTC STATE OF NOWN CAROLINA GENERAL WAURA111TY DM OB PMER VYlu�c9�w,nn PLEASE TAKE 140MCIE; TMa Attorney preparing tpia instrument has made no record search or title eaamtnatiom as to the property herein described, naless the some is skown by hb written and signed cuWcate. Furdw, no tax advice of any nature bait been rendered to the parties to this instrument MAIL AFTER RECORDING# TO: THIS INSTRUMENT WAS PREPARED BY. ROBERT W. KIIROY, PC BRIEF DESCRIPTIONFOR THE INDEX:.5211 acres, Topsail Township PARCEL I.A. N I�VEF11fiE >is:AAdES S94 0.d0 TEAS DEM made this -QD-. day of December, M, by and between GRANTOR: W1ILL IL TATE mad Wide, 1YIARIA qpg4i�a5�1 A TA G ROUNA I, L.L.C. N nded Liability Company v Aveeae, Suits 710 Bata PA 19101-1180 The designation Gzantor and Grantee as used herein shall induce said parties, their heirs, successors, and assigns, and dM11 include singular, phual, tn"Wine, feminine or natter as required by context. --, Jun-09-2006 70:48ain From-MURCHISON TAYLOR ATTY +910T636561 T-435 P.026/031 F-895 OX285 f PG3 XOnn WIT BSETH, that the Grantor, for avaluable considerationp D I� which is hereby ackawMedped, has and by these preseras tut4o t �3reuieG in freo aiarple, all that certalrr tot or i>1 the city ftivrogrsm Topsail TownWp, Pander County, Nortb Carolina eularl fallawa_ See attached Exhibit "A" which is incorporated by reference as if fully set forth herein. The lroPorly hereinabove described was acquired by Grantor by instrument recorded in Deed Book 746 at Page 149, Pender County Registry. A map slowing the above described properly is recorded in Plat Book, Pap, TO HAVE AND TO MOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Orantea in fee simple. And the Oraotar covenants with the titaatcc, that Grantor is scized of the premises in fee simple, has the right to convey the same in fee simple, t6t dtla is marketable and free and elm of all encumbrances, and that Gmlttor will warrant sad defend the title against the lawful claims of aft persons whomsoever except for the mweptions htseioefl!er stated. Title to the property hassinabove described is sttbject to the following mroeptions: 1. Ad valorem taxes for the year 2005 ad subsequent Yana, 2. General utility mviice aseatents and rights of way of record. 3. Restrictive covenants of record. 4. Local, county, state or federal governateut laws or regulations telative to cavimttrnent, zornfil& subdivision, oocq=q, use or construction of the subject property. 1N WITNHSS WHMOF, Orantor has hereunto set his hand and seal, the day and year first a vmblun, R. TATE — do k: / d-A AL) 14ARU A. TATE Jan-09-2006 10:48am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.027/031 F-895 State of Nor& Carol BN 2 B 5 ! PG 3 ! County of I, Notary Pub& for DAS1'1 — County, North Carolina, certify that Mqu K. TA known to me or by providing Satisfactory evidetxx of his identity iu the form of �] ✓t i to appeared before me this day, adbwwledgiag to me that he voluntarily Signed the foregoing document for the purpose staled theraia and in the capacity indicated. Ai Ana the a day of December 'tea ��':�•�,r�`r, �'a. —4 - NatatyPubGc t ,rx My Commission Exp res' 1 a r l9 I3C1L� State of Nortb Carolina County of ��1ILdI.er � r1 T rA i n Notary Public for _ ons 6kl County, North Carolina, eft* that MARIA A. TATE• being perso"Ily known to me or by providing satisfactory evidence ofher identity is the form of 9 C KIVen 1faw%& appeared before me this day, SduwwledOM to me that she voluntarily signed the foregoing docmaer t for the purpose Stud therein and in the capacity indicated. Dated this dweR0 day of Aeeernber, 2005, r' �,F� A7 NotaryPublic S My Commission Expires; I D j l n lwoy' The foregoing *N This instnmtenVht a cert Page abown oa page BY: " 1 [dam certified to be correct. the date Aud time and in the Book and )M9 FOR PST Kill COUNW DepsstylAsebtant- P41hftr of Deeds Jun-09-2006 10:48am From-i1URCHlSON TAYLOR ATTY +9107636561 T-435 P.028/031 F-895 n (�_ BK2851 PG302 owrrshtA er County, North Carolina, and being more Particularly descn' Beginning at a acw iron pipe in ilia Sun eastern right of way line of U.S. 17, 50 feet from the centerline thereof, said Beginning point being located South 43 degrees 49 minutes 45 seconds East 43.52 feet from the common comer of Lot 3 and Lot 4 within the bounds ofU.S,17 as shown on a map entitled "Map of Survey for James D. Jacobs" as accorded as an Exhibit attached to the deed from Mary N. Dawson, Mdow, to Junes D. Jacobs and Norman E. Shepard recorded in Book 479 st Fage 8 of rho Render Cou* Registry; said beginning point also being located South 62 degrees 58 minutes 51 seconds West 239.50 fbet from N.C. Geodetic Survey Traverse Station Fla which has N.A.D. 83 Grid Coordinates of North 10,217.571 meters and East 739,211.398 roctets, said station Flea being located South 59 degrees 36 minutes 23 seconds West 1677.715 feet from N.C. Geodetic Survey Traverse Station Cleanse. (bearing and distance equality, Clenuie to Flea, N.C. (Irsd, XAD. 93, South 54 degrees 03 minutes 27.5 seconds West 511,366 meters or 1677,706 fbet); running than", from said beginning point with the dividing Una between Lot 3 and Lot 4 as shown on the above mentioned map, South 43 degrees 49 minutes 45 seconds East 200.00 feet to a new iron pipe; riming thence, South 69 degrees 40 minutes 42 seconds West 123.85 fbet to an exkftg iron stake in the dividing line between Lot 2 and Lot 3 as shown on the above mentiaaed rasp; naming the nt:e with said dividing line, North 43 degrees 46 irtitnrtes West 200.00 let to a new iron pipe in the above mentioned Southeastern right of way line of U.S. 17, said new Iron pipe being located South 43 degrees 46 minutes East 26.27 feet from tin common comer of Lot 2 and Lot 3 within the bounds of U.S. 17 as shown on the above mentioned tnep, said new iron pipe also being located a chord bearing and distance along the above mentioned right of way lino of NoM 69 degrees 50 minutes 15 seaottds Bast 129.93 feet ffam an existing iron pipe at the most Northern comer of 4j 1 or 95act "A' as shown on the above mentioned map; n-2 WIMMIPM the above described last new iton pipe, with the above m $otr Ra U.S. 17, an irregular ctrtve to tke t add beginning or endue point a and distance of North 69 degrees 43 shirr s 23.66 Lisp' or last menntioaed aev► [ton ' �Ji% The above described parcel contains approxisnetely 0.5211 Am and Is- a portion of the above mentioned Lot 3. The above description was prepared by Jobnie C. t.3aarrar aeon, Register Land Surveyor, No. L-1347 ftwo a new survey dated November 15, 1999 of the lmuls conveyed from J.F. Jacobs and wife, Caroline Jacobs to C.A. Icing in Hook 215 at ULM Jun-09-2006 10:48am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.029/031 F-895 Page 514 and subsequWly from WWR" B. 7aeobs in Book 508 at Page 134. conveyed to W71 R Tate and wife Maria A Tats s wife, Harry Dean, Batts (single); and Cur ( , Harry lean Batts and Curler Batts Clayton being the Daly c lying heirs of Lister Batts) by that deed recorded in Book 746 at Page 148 of the omrty Registry. For refereru:e purposes for source of tide, see: (1) Book 72, Page 168; (2) Book $4, Page 488; (3) Book 215, Page 314; (4) Book 344, Page 500; (5) Book 508, Page 134; (6) Book 704, Page 125, and (7) Book 746, Page 148, Peader County Register of Deeds. xC U� • FFIC � L QM3 Jun-09-2001i 10:49am From-MURCHISON TAYLOR ATTY +9107636561 T-435 P.030/031 F-895 tmro:a couarr ec W.' ZIIt17e u $154.00 NQ�j�7jfA Fleal Estate ExO �} Enloe Tea �7Gtrl�s' pW .� / U6 INT-J�— by; rvlauea ]o9nr4a, Aftmy at Law P. O. BCx 2G44 Tf C$y, NC 26445 to: unieiammft Avenza oo N pyrn0e e mhi I Excise s/rO° Ddef des of the Index PEN7ER Perval tdea116er Na: V� 957PG082 �smdv egix',F Of l C0wd3; N 1 0.512 AC Tract (MS 41, Pg 112) 1 NORTH CAROLINA GFIGMAL WARRAN Ty DEED TMS DRED, made this the 12th day of May, 20K by and between sin yn T. Rochelle am Husband James L.1Rochelle, Jr. include OCKC 1WU11 M CAROLIMA 1, L.I-.C. A Notch Careliera Utnited L1ablilly Company Meiling Ad*m-.252 ladepandemea Elva., auk 104 tWlmlegma, NC 2p412 .u¢easora, Lan 4, ^ideration paid by t� Grantee, the receipg of which is hereby acknowledge, has an ents does grant, bargain, seta and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Pender Coumy, North Carolina and more particularly described as follows: Being all of that porOm of land containing 0512 acres, more or less , as shown on that certain map recorded in Map Book 41, page 112, Slide 557, Fender County Registry, reference to which made for a more particular description 3 Jun-09-2006 10:49am From-MURCHISON TAYLOR ATTY +9107836561 T-435 P.031/031 F-895 2957P W� THE PROPERTY HERMAROVF de or tavorded In Book at page at the RcJ O de v O TO HAVE AND TO ROTA the daressid lot at pare] of land and all Pdv appurtenams then:to belonging to the Grantee in fee $iMplc. AND THE GRANTOR COVENAP(TS 11VlCH THE Grantee that Grantor is seized of the premises In fee simple, has the right to convey the same in fee simple, that We is marketable and free and dear of all encinnbranc es, and that Grantor will warrant and defend the title against the lawful claims Of all persons whomsoever except for the exceptions hereinafter stated. Tick to the property hete#ratbove deacnkd is Subject; to the following exceptions: 1. Rights of way and aesemetrts of record, if any. 2. Zoning andlat subdivision ordinances and regulations, if any. 3. Reatrictive covenants of record, if any. 4. Ad valorean taxes for 2006 and subaequeatysats. IN WITNESS WHEREOF, the Grantor has herenuo set his had and seal tha day and year first above written. 1VIy . Rochelle, Grantor �Q Jaatea L., elle, r., Gtxofo STATE OF NORTH CAR01]ItiA COUNTY OF PENDER I, Maury Johnson, It Notary Public of the County and State aforesaid, cerdty that Myra T. Rochelle and James L. Raehelle, Jr., Grantors Personaily appealed before me this day, and I have seen satisfactory evidence of a of their identities with photograph in the farm of current driven license. Each 1 ledged to me that he/ she voluntarily signed the foregoing ent C0,4y harmal this P- day of May, 2W6. U&Q'/�j�- '-!M4iigwcua Notary Public Expires: L r -7 ENVIRONMENTAL SERVICES, INC. 524 S. NEW HOPE ROAD RALEIGH. NORTH CAROLINA 27e10 919-212-1760 • FAX 010-212-1707 www.esinc.ce 30 May 2006 Mr. Rob Walker, E.I. Cavanaugh & Associates, P.A. 130 North Front Street, Suite 202 Wilmington, NC 28401 Re: Turtle Creek Phase 1 ESI Project # ER06-043.01 Soil Evaluation Pender County, North Carolina Dear Mr. Walker: On 10 and 11 May 2006, Environmental Services, Inc., (ESI) conducted soil evaluations for six proposed areas for stormwater disposal within Phase I of the Turtle Creek project located near Surf City, Pender County, North Carolina. This evaluation included the advancement of hand -auger borings throughout the site In areas previously determined to be non jurisdictional areas. These evaluations included determining the depth to seasonal high water table (SHWT) as well as a determining infiltration rates by conducting fit -situ saturated hydraulic conductivity (K..� tests. Available information reviewed prior to the field investigation included. the U.S. Department of Agriculture Soil Survey of Pender County, North Carolina and the United States Geological Survey (USGS) 7.5-minute topographic quadrangle (Holly Ridge, NC). The areas of the site evaluated are mapped as Onslow loamy fine sand (On) and Marvyn and Craven soils (McQ based on the Soil Survey of Pender County, North Carolina. Soil Evaluation) Soil borings were advanced to a depth of greater than 60 inches below the ground surface (BGS) across the project site. The borings were characterized for the following criteria: texture; color; structure; soil depth; depth and thickness of any restrictive horizon(s) if present; depth (if present) of a SHWT; and topography and landscape position. Evaluation Areas 1 through 5 Soils within the areas 1 through 5 are generally similar to the Onslow loamy fine sand series. These areas are generally at the transition between the Onslow and Marvyn soil series and may contain inclusions of Marvyn soils. The surface horizons extend to depths ranging from 8 to 10 inches BGS with textures generally consisting of loamy fine sand. Soil structure within the surface horizons is generally weak medium granular, The subsurface horizons extend from depths ranging from 8 to 10 inches BGS to 15 to 28 inches BGS with textures generally consisting of loamy fine sand. Soil structure within the subsurface horizons is generally weak medium granular. Scattered concretions were observed within the subsurface horizons. The subsoil horizons extend from 15 to 28 inches to depths greater than 60 inches BGS with textures generally ranging from fine sandy loam to sandy clay loam. Soil structure within these horizons ranges from weak medium granular to weak fine subangular blocky. IACRSONvrLLE • ST. AUGUSTINE • CQCOA • JUPITER • DESTIN • SAVANNAH • ATLANTA • RALEIGH • CHARLOTTE • ASHEVILLE ENVIRONMENTAL SERVICES, INC. Turtle Creek Phase I Soil Evaluation 30 May 2006 Page 2 of 3 Restrictive horizons were not observed within 60 inches of the soil surface within the areas evaluated. Evidence of a SHWT was observed at depths ranging from 24 to 33 inches BGS. Topography within these areas is generally flat to moderately sloping with slopes ranging from 0 to 5%. Ei valuation Area 6 Soils within area 6 are generally similar to the Woodington fine sandy loam series. The surface horizons extend to a depth of 12 inches BGS with textures generally consisting of fine sandy loam. Soil structure within the surface horizons is generally weak medium granular. The subsurface horizons extend from depths ranging from 12 inches to greater than 60 inches BGS with textures generally consisting of fine sandy loam. Soil structure within the subsurface horizons is generally weak medium granular. Restrictive horizons were not observed within 60 inches of the soil surface within the areas evaluated. Evidence of a SHWT was observed within 12 inches of the soil surface. Topography within these areas is generally flat with slopes ranging from 0 to 2%. An on -site soil evaluation was conducted on 25 May 2006 with Mr. Vincent Lewis of the N.C, Department of l3-nvironment Enid Natural Resources (NCDENR) -- Division of Soil and Water Conservation. The SHWT depths, as approved by Mr. Lewis, are listed below in Table 1. n____--_. cable 1. owasolmit R!L •f AF=.F i6&!= i.M wu Soil ftring at Test Location Seasonal ]ffi h Water Table De the inches BGS) NO 1 30 1K..t 2 28 28 ywt3 ..t 4 33 t 5 24 .t 6 a2 Sochi BoAy 7* 24 L f Z. NCDENR *Soil boring and SHWT determination conducted during field visit wrtb Mr. Vincent ewts o Division of soil and Water Conservation Infiltration Rates infiltration rates were measured at six locations on the project site. K., measurements were conducted with a compact constant head permeameter (cchp). These measurements were conducted at soil depths ranging from 17 inches to 28 inches BGS. The measurement locations were areas that may be potentially used for wastewater infiltration basins and/or storinwater infiltration devices. A detailed soil profile description was completed at each test location. The in -sitar Kent values were calculated based on field measurements using the Glover Equation. Kt measurements ranged from 7.75 gallons/day/square-foot (gpd/fP) to 72.15 gpd/fe [0.52 inclnes/hour (in/hr) to 4.82 in/hr]. Table 2 summarizes the in -situ Ke.t measurements for each location and includes: location; depth and ltorizon; hydraulic conductivity test method used; and conductivity measurement at each location. ENVIRONMENTAL SERVICES, INC. Turtle Creek Phase I Soil Evaluation 30 May 2006 Page 3 of 3 m_�t_ w �.. ..Sr.. C..+.. »..�...7 L?...1.•nwlin Cnnrini•#ivi#v MASfYY1PP.11]@nfA Conductivity Test Number DeptWHoriwn (inches DGS) Method Result d/ft inlhr 1 28/13 in Situ cch 38.19 2.55 2 1SB In Situ ccL 72.15 4.82 3 21B InSitu cch 26.81 1.79 4 28/11 b:-Silo cch) 59.33 3.96 5 19B In -Situ (echo 44.71 2S9 6 17/13 in -Situ cell 7.75 0.52 A soil boring to confirm the SHWT depth was conducted on 25 May 2006 at Soil Boring 7 (Figure 1). The infiltration rate measurement has not been conducted at the time of the submittal of this report. Conclusion ESI evaluated soil borings and conducted saturated hydraulic conductivity tests in six locations in areas proposed for stormwater infiltration galleries. Evidence a SHWT was observed at depths ranging from 24 to 33 inches BGS at Soil Borings 1 through 5 and Boring?, Evidence of a SHWT was observed within 12 inches of the soils surface at Soil Boring 6. Kg measurements ranged from 7.75 gpd/ftz to 72.15 gpd1W (0.52 in/hr to 4.82 in/hr). Thank you for allowing ESI to be of service to Cavanaugh & Associates, P.A. Please call me if you have any questions. Sincerely, ENVIRONMENTAL SERVICES, INC. Josh Witherspoon, LSS Senior Scientist Attachments: Soil Boring and K,,, test location 'nap d 1-7 5 f L30�crje_A O cys - U C�orw cri-- 22 'b, pk X I Liam SC a t o at �► es-11, ACDENR f1 a North Carolina Department of Environment and Natural Resources ' 2 T D o+C lr C.5 127 Cardinal Drive, Wilmington NC 28405 (910) 796-7307 FAX (910) 350-2004 Express Permit Review 6 ��) Request for Ex P 2r FILL-IN all information below and CHECK required Permit(s). 5 ZS FAX or email to Cameron. Weeve►Comcmail.net along with a narrative and vicinity man of the project loc ion. Projects must be submitted by 8:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name TOM Miner Company DCNC North C6rol i.na,-1�1,C Address 401 City Ave. Syiit_p _'71 p CltylState ;ia.l a Cynwyd.. FA Zip 19OD4 County Phone (610) E1�-yr0� (G10) G17-9933 Fax_.`.__..._ _ Email PROJECT Name_ The villages at 'Turtle creek PROJECT SYSTEMS) TRIBUTARY TO,,,, Lpcky e c-, Fex (STREAM NAME) _Cape ...Fear RIVER BASIN ENGINEER/CONSULTANT Company Cavanaugh & Anson atPF. Address,.,,, 130 North Prone. SLrt+e.L City/State,., ,i)mingron, Nc Zit) saa D.1 Count New Hanover Phone (910) 392-4462 Fax (9a0) 3.42-4612 Email rob. walkerwcavanaughFplutipri,,.Com State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑ Yes Fj`No ❑ STREAM ORIGIN Determination; # of stream calls; Stream Name ----_----------.... —............ [STORMWATER ---------=--------------------------------- ----------------------------------------------------_.. � &Kow Density High Density -Detention Pond ❑ High Density -Other Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site O'COASTAL -- — - - - ❑ Excavation & Fill El & Culverts ❑ Structures Information - - MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront -------------------------- ---- ND QUALITY ---------------------------- ---............. —... ------- —----- --------------- ❑ Erosion and Sedimentation Control Plan with 45 acres to be disturbed. WETLANDS (401) ------ -------------------------------------------------------_------------------------------- Wetlands on Property [�es ❑ o Isolated Wetlands on Property 0 yes ❑ No Check a# that apply Wetlands Will Be Impacted [r Yes ❑ No \ Wetland Impacts: _.Z Acre(s) Wetlands Delineation has been completed [✓ Yes ❑ No ❑ Buffers Impacted; Acre(s) USA COE Approval of Delineation completed ❑ Yes �o 404 Application in process w/USACOE ❑Yes ONO / Permit received from USACE []Yes ONO 401 Application required ❑Yes ❑ No If Yes, El Regular ❑ Express .—......-..---------------------------------- ----._....----__-------------- ---------- Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee Split for multiple permits: SW $ CAMA $ LQS $ 401 $ _—_ Total Fee Amount $ Sd WdZz:zo 90ez Lz 'uer ZT9t?zGC0TG: 'ON Xdd S31UI3OSSV8 HonUNUnUD: WONJ G CAVANAU G H Solutions through intcxrhy and portndrship January 25, 2006 Cameron Weaver Express Permit Coordinator North Carolina Department of Environment And Natural Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: The Villages at Turtle Creek Dear Cameron: We are currently working on a residential development project located in Pender County. As we are moving forward with the design, we feel that it would be beneficial at this time to have a scoping meeting to present the conceptual plans and discuss any potential complications associated with the project. The project site .is approximately 0.9 miles from the intersection of NC Hwy 210 and Hwy 50 in the Town of Surf City (see maps below). The property is bounded by US Hwy 17 to the north, NC Hwy 210 to the south, Lodge Hall Road to the west and Atkinson Loop Road to the East. The Villages at Turtle Creek is planned. to be a mixed -use development, incorporating both single-family and multi -family residential uses. The project contains, as designed, 223 single-family lots, ranging in size from 7,500 square feet to just under 23,000 square feet, 182 multi -family units, and 44 duplex units. The Villages at Turtle Creek will provide its residents with public water and public sewer utilities that will be constructed in accordance with the requirements of the Town of Surf City. All public utilities will be dedicated and conveyed to the Town of Surf City. The subject property borders Becky's Creek, a tidal water body that is classified as SA. In light of this we think it would be a good idea to have a representative of CAMA present, in addition to representatives of DWQ and LQ. ed Wd9Z:Z0 900Z zZ 'UEf eT9vZ6£0T6: 'ON XUA S31dIDOSS68 HonUNdnUD: WONA Please review this narrative with the attached "Request for Scoping Meeting" and schedule a meeting with the appropriate DENR personal at your earliest convenience. Your time in reviewing this documentation and scheduling of this meeting is appreciated. Thank you for your attention to this matter. Regards, Robert A. Walker, E.I. Ed Wd9Z:Z0 90OZ zZ 'u'ef ZZ917MROT6: 'ON Xtid S31bIDOSSM Honwunuo: wodi 1' rtp �•TV•��!' r � Nl•,. .1' r b le ' •••�j� �. lip' i +4 : 'V. n•• - i ,.�kr . .{f •YVW,- µ.pi,. ;'�. ,p. 1 r� LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LMTED LIABILITY COMPANY: Dilsheimer Communities of North Carolina, L.L.C. SOSID: 0757657 Date Filed: 3/16/200511:28 AM Elaine F. Marshall North Carolina Secretary of State STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0757657 FEDERAL EMPLOYER ID NUMBER: 20-2224826 NATURE OF BUSINESS: Land Developer REGISTERED AGENT: Corporation Service Company REGISTERED OFFICE MAILING ADDRESS: 327 Hillsborough Street Raleigh, NC 27603 REGISTERED OFFICE STREET ADDRESS: 327 Hillsborough Street Raleigh, NC 27603 County: Wake PRINCIPAL OFFICE TELEPHONE NUMBER: 610-617-9700 PRINCIPAL OFFICE MAILING ADDRESS: 401 City Avenue Suite 710 Bala Cynwyd, PA 19004 PRINCIPAL OFFICE STREET ADDRESS: 401 City Avenue Suite 710 Bala Cynwyd, PA 19004 MANAGERS/MEMBERS/ORGANIZERS: Mr. Brian D. Dilsheimer Mr. Thomas S Dilsheimer Mr. Maurice Johnson Mr. James B. Dilsheimer Title: Manager Title: Vice President/assistant Secret&*e: Vice Presidentltreasurer Tit1e: Vice President 401 City Ave. 401 City Ave. 401 City Ave. 401 City Ave. Suite 710 Suite 710 Suite 710 Suite 710 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Mr. Thomas S. Dilsheimer 3/16/2005 FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE Mr. Thomas S. Dilsheimer Manager/Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 OPERATING AGREEMENT OF DCNC NORTH CAROLINA I, L.L.C. (a North Carolina Limited Liability Company) PHL.:5055848.1/DIL007-212831 ARTICLE I GENERAL PROVISIONS..................................................................................... 1 Section1.1 Name............................................................................................................1 Section 1.2 Registered Office and Agent........................................................................1 Section1.3 General Purpose...........................................................................................2 ARTICLEII CAPITAL............................................................................................................... 2 Section 2.1 Capital Contributions...................................................................................2 ARTICLE III DEFIIVITIONS..................................................................................................... 3 Section 3.1 Capitalized Terms........................................................................................3 Section3.2 Schedules.....................................................................................................3 Section3.3 Terms...........................................................................................................3 ARTICLE IV AL&NAGEMENT................................................................................................ 11 Section4.1 The Manager..............................................................................................11 Section 4.2 Manager as Authorized Representative.....................................................11 Section 4.3 Manager's Compensation..........................................................................11 Section 4.4 Term of Manager.......................................................................................12 Section 4.5 Authority and Powers of Managers...........................................................12 Section 4.6 Certificate of Authority..............................................................................15 Section 4.7 Restrictions on Authority of the Managers................................................15 Section 4.8 Action By Managers..................................................................................16 Section 4.9 Binding Effect of Actions..........................................................................16 Section 4.10 Effect or Withdrawal..................................................................................17 Section 4.11 Limitation on Liability of Managers; Indemnification..............................17 Section ^.117 2 Exes ....................................................................................................— r PHL:5055848.1/DIL007-212831 i ARTICLEV TERM................................................................................................................... 18 ARTICLE VI ACTIONS BY MEMBERS................................................................................ 18 Section 6.1 No Member May Subject Another Member to Personal Liability ............18 Section 6.2 Member Not Liable For Obligation of Company......................................18 Section 6.3 Manner of Acting......................................................................................19 Section 6.4 Adverse Tax Actions..................................................................................19 ARTICLE VII DISSOCIATION............................................................................................... 19 Section 7.1 Events of Dissociation...............................................................................19 Section 7.2 Effect of Dissociation................................................................................21 ARTICLE VIII BOOKS AND RECORDS.............................................................................. 21 Section 8.1 Books and Records....................................................................................21 Section 8.2 Company Funds.........................................................................................21 Section 8.3 Availability of Information........................................................................21 Section8.4 Reports.......................................................................................................21 ARTICLEIX VOTING.......................................................................................................... 21 Section9.1 Voting Right...............................................................................................21 Section 9.2 Manner of Voting......................................................................................21 ARTICLE X CAPITAL CONTRIBUTIONS.......................................................................... 21 Section10.1 Amounts.....................................................................................................21 Section 10.2 Limit on Contributions and Loans.............................................................21 ARTICLE XI CAPITAL ACCOUNTS.................................................................................... 21 Section l 1.1 Separate Capital Account...........................................................................21 ARTICLE XII TRANSFERS OF INTERESTS; ADMISSION OF ADDITIONAL MEMBER........................................................................................................................ 21 PHL:5055848.I/DIL007-212831 ii Section 12.1 Restrictions on Transfer of Interests..........................................................21 Section 12.2 Restrictions on Transfer of Shares of RDNC............................................21 Section 12.3 Transfers Upon the Death or Incompetence of a Member or InterestHolder...........................................................................................21 Section 12.4 Transfers of Shares of RDNC upon the Death or Incompetence of Richard.......................................................................................................21 Section 12.5 Qualified Transferee..................................................................................21 Section 12.6 Admission of Additional Members............................................................21 Section 12.7 Prohibited Transfers...................................................................................21 Section 12.8 Notice to be Provided Company and Other Members...............................21 ARTICLE XIII GUARANTEED PAYMENT......................................................................... 21 ARTICLE XIV ALLOCATION OF NET INCOME OR NET LOSS ................................... 21 Section 14.1 `Net Income" or "Net Loss"......................................................................21 Section 14.2 General Allocation of Net Income and Net Loss.......................................21 Section 14.3 Special Allocations....................................................................................21 Section 14.4 Tax Allocations..........................................................................................21 Section 14.5 Allocations and Distributions with Respect to Percentage Interests Transferred.................................................................................................21 ARTICLE XV DISTRIBUTIONS............................................................................................. 21 Section 15.1 General Rule..............................................................................................21 Section 15.2 Tax Distribution.........................................................................................21 Section 15.3 Tax Withholding........................................................................................21 ARTICLE XVI [OTHER INTERESTS OF MEMBERS ..................... ARTICLE XVII RETURN OF CAPITAL............................................................................... 21 ARTICLE XVIII DISSOLUTION............................................................................................ 21 PBL:5055848.1/DIIA07-212831 iii Section 18.1 Events Causing Dissolution.......................................................................21 Section 18.2 Termination................................................................................................21 Section 18.3 Liquidation.................................................................................................21 Section 18.4 Filing and Notice........................................................................................21 Section 18.5 Distributions in Kind..................................................................................21 Section 18.6 Limitation on Liability...............................................................................21 Section 18.7 Statement from Accountant.......................................................................21 Section 18.8 Certificate of Cancellation.........................................................................21 ARTICLEMIX TAX MATTERS.............................................................................................. 21 Section19.1 Tax Elections.............................................................................................21 Section 19.2 Tax Matters Partner....................................................................................21 ARTICLE XX LIMITED LIABILITY OF MANAGERS AND MEMBERS ...................... 21 ARTICLE XXI INDEMNIFICATION..................................................................................... 21 Section 21.1 Indemnification of Covered Persons..........................................................21 Section 21.2 Right to Advancement of Expenses...........................................................21 Section 21.3 Non -Exclusivity of Rights.........................................................................21 Section 21.4 Amendment or Repeal of this Article XXI................................................21 Section21.5 Changes in Law..........................................................................................21 Section 21.6 Applicability..............................................................................................21 ARTICLE 3MI AMENDMENTS OR MODIFICATIONS................................................... 21 ARTICLE XXIII SPECIFIC PERFORMANCE..................................................................... 21 ARTICLE XXIV MISCELLANEOUS..................................................................................... 21 Section 24.1 Indulgences, Etc.........................................................................................21 Section 24.2 Controlling Law.........................................................................................21 PHL:5055848.11DIL007-212831 iv Section24.3 Notices.......................................................................................................21 Section 24.4 Good Faith and Fair'"eating ......................................................................21 Section 24.5 Binding Nature of Agreement....................................................................21 Section 24.6 Execution in Counterparts..........................................................................21 Section 24.7 Entire Agreement.......................................................................................21 Section24.8 Headings....................................................................................................21 Section 24.9 Number and Gender, Etc............................................................................21 Section 24.10 Number of Days.........................................................................................21 Section 24.11 Assurances.................................................................................................21 Section 24.12 Estoppel Certificate....................................................................................21 Section 24.13 Appointment of Managers as Attorney-in-Fact.........................................21 Section 24.14 Binding Provisions.....................................................................................21 Section 24.15 Separability of Provisions..........................................................................21 Section 24.16 Interpretation..............................................................................................21 Section 24.17 Waiver of Jury Trial...................................................................................21 PHL.5055848.1/DIL007-212831 v OPERATING AGREEMENT OF DCNC NORTH CAROLINA I, L.L.C. a North Carolina limited liability company THIS OPERATING AGREEMENT of DCNC NORTH CAROLINA I, L.L.C. (the "Company") is made and entered into this')" day of 2005, by and among RD North Carolina No. 1, Inc., a North Carolina corporation (` NC" ), Robert A. Dilsheimer ("Robert"), Thomas S. Dilsheimer C"Thomas's, Brian D. Dilsheimer ("Brian") and J.B. Dilsheimer ("J.B."), for the purposes of providing for the rights, obligations, and restrictions as set forth in this Operating Agreement with the force and effect of an operating agreement as provided for by the North Carolina Limited Liability Company Act (the "Act', In consideration of the mutual promises made in this Operating Agreement and with intent of each of parties to be legally bound, the parties agree to manage and operate the Company pursuant to this Operating Agreement as follows: ARTICLE I GENERAL PROVISIONS Section 1.1 Name. The name of the company is DCNC NORTH CAROLINA I, L.L.C. Section 1.2, Registered Office and Agent. (a) Initial Office and Agent. The principal place of business of the Company and the Company's Registered Office shall initially c/o Corporation Services Company; 327 Hillsborough Street, Raleigh, North Carolina, 27603. (b) Changes. If the then -current Registered Agent resigns or is removed, the Managers shall appoint a replacement Registered Agent. (c) Filing on. Change. Upon the appointment of a new Registered Agent or the change of the Registered Office, the Managers shall file or cause the filing of the document required by the Act as appropriate to the circumstances. Section 1.3 General Purpose. The Company's general purpose and business is directly or indirectly owning, improving, holding, selling, leasing, transferring, exchanging, operating and managing real. estate and any houses or other improvements it or others construct on such real estate and owning, operating, managing and otherwise dealing in interests in other entities including other limited liability companies owning, managing and dealing in other real and personal property of all types and mi . any :location and from time to time borrowing money for any Company purpose and transacting any and all lawful business for which a limited liability company may be organized under the laws of the State of North. Carolina. P'HL:5055848.1/I HM7 212831 IN WITNESS WHEREOF, the undersigned have duly executed this Operating Agreement of DCNC NORTH CAROL INA I, L.L.C. as of the day and .date first above written. (SEAL) (SEAL) NON-MEMBER MANAGER: DILSHEIMER COMMUNITIES OF NORTH CA, L.L.C. By:rian ilsheimer, Manager PHL:5055848.1/D"07212831 26 SCHEDULE A MEMBERS OF THE COMPANY Member Address Initial Capital Percentage Contribution Interest 1. RD North Carolina No. c/o Richard H. Dilsheimer 1, Inc. 401 City Avenue Suite 710 $ 48% Bala Cynwyd, PA 19004 2. Robert A. Dilsheimer Robert A. Dilsheimer 401 City Avenue Suite 710 $ 34% Bala Cynwyd, PA 19004 3. Thomas S. Dilsheimer Thomas S. Dilsheimer, 401 City Avenue Suite 710 $ 6% Bala Cynwyd, PA 19004 4. Brian D. Dilsheimer Brian D. Dilsheimer, 401 City Avenue Suite 710 N/A 6% Bala Cynwyd, PA 19004 _ 5. J.B. Dilsheimer J.B. Dilsheimer 401 City Avenue Suite 710 N/A 6% Bala Cynwyd, PA 19004 PHL:5055848.1/DII.007-212831 27 f SOSID: 757657 Date Filed: 12/17/200412:10:00 PM Elaine F. Marshall North Carolina Secretary of State C200435100458 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. 1. The name of the limited liability company is: Dilsbeimer Communities of North Carolina, L.L.C. ./ If the limited liability company is to be dissolved by a specific date, the latest date on which the limited liability company is to dissolve (If no 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 ofamember,organizer orboth). Bonnie S. Sander, Organizer 1650 Arch Street, 22nd Floor Philadelphia, PA 19103 4. The street address and county of the initial registered office of the limited liability company is: Number and Street: 327 Hillsborough Street City, State, Zip Code: Raleigh. NC 27603 County:Wake 5. The mailing address, if different from the street address, of the initial registered office is: 6. The name of the initial registered agent is: Corporation Service Company 7. Principal Office Information: (Select either a or b) a. XXX _ 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: 401 City Avenue. Suite 710 City, State, Zip Code: Bala Cynwyd, PA 19004 County: Montgomery The mailing address, ifdiferent from the street address, of the principal office of the corporation is: PH L:50477IS. I /DI IA07-212831 b. The limited liability company does not have a principal office. S. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company XX (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. 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 loth day of December, 2004 Dilsheimer Communities of North Carolina. L.L.C. &NAR,i i- . Bonnie S. Sander, Organizer Type or Print Name and Title PHI«5047718.1/DIL007-212631 - 2 - 1 c _ SOSID: 757642 I (� (> C O Date Filed: 12/17/200411:07:00 AM Elaine F. Marshall pWV'j n (� (�� d North Carolina Secretary of State C200435100456 (S 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. 1. The name of the limited liability company is: DCNC North Carolina I, L.L.C. 2. If the limited liability company is to be dissolved by a specific date, the latest date on which the limited liability company is to dissolve (If no 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), Bonnie S. Sander, Organizer 1650 Arch Street, 22nd Floor Philadelphia, PA 19103 4. The street address and county of the initial registered office of the limited liability company is: Number and Street: 327 Hillsborough Street City, State, Zip Code: Raleigh, NC 27603 County:Wake The mailing address, if dfferent from the street address, of the initial registered office is: The name of the initial registered agent is: Corporation Service CoWany 7. Principal Office Information: (Select either a or b) a. XX 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: 401 City Avenue. Suite 710 City, State, Zip Code: Bala Cynwyd. PA 19004 County: Montgomery The mailing address, if dfferent from the street address, of the principal office of the corporation is: PHL:5047816. VDIL007.212831 b. The limited liability company does not have a principal office. 8. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company XX (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, 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 I (p— day of , 2004 DCNC North Carolina 1, L.L.C. Bonnie S. Sander. Organizer _ Type or Print Name and Title PHL:5047816.1/DI[007-212831 - 2 -