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HomeMy WebLinkAboutSW8070817_HISTORICAL FILE_20071012STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 01 O B Il DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 200 11012 YYYYMMDD �or October 12, 2007 Larry Denning, Member/Manager Marina East, LLC 1206 Chestnut Dr Smithfield, NC 27577 Subject Stormwater Permit No SW8 070817 Marina East High Density Project New Hanover County Dear Mr Denning Michael F Fasiey Governor William Ross Jr Secretary North Carolina Department of Environment and Natural ResourcLS Coleco H Sullins Director Division of Water Quality The Wilmington Regional Office received a complete Stormwater Management Permit Application for Marina East on October 3, 2007 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 070817 dated October 12, 2007, for the construction of the subject project This permit shall be effective from the date of issuance until October 12, 2017, and shall be subject to the conditions and limitations as specified therein Please pay special attention to the Operation and Maintenance requirements in this permit Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit This request must be in the form of a written petition conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P O Drawer 27447, Raleigh, NC 27611-7447 Unless such demands are made this permit shall be final and binding If you have any questions, or need additional information concerning this Christine N,olilon, or me at (910) 796-7215 Sincerely Edward Beck Regional Supervisor Surface Water Protection Section ENB/can S \WQS\STORMWATER\PERMIT\070817 oct07 cc B Walker Jones, Mactec Engineer & Consulting, Inc New Hanover County Building Inspections Carolina Beach Building Inspections Beth E Wetherill, New Hanover County Engineering Division of Coastal Management Christine Nelson Wilmington Regional Office Central Files matter, please contact North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington NC 28405 Phone (910) 796 7215 Wilmington Regional Office Internet rt vsvv ncwan.ryuahh or rax (910) 350 2004 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10 % Post Consumer Paper XhCarolma Wurally Customer Sen ice 1 877 623 6748 State Stormwater Management Systems Permit No SW8 070817 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 Larry Denning, Member/Manager & Manna East, LLC Manna East 400, 400-A, and 402 North Lake Park Blvd, Carolina Beach, New Hanover County FOR THE construction, operation and maintenance of a sand filter in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until October 12, 2017, 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 16 on page 3 of this permit The stormwater control has been designed to handle the runoff from 36,520 square feet of impervious area 3 The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans 4 All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans 5 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system Page 2 of 7 State Stormwater Management Systems Permit No SW8 070817 6 The following design criteria have been permitted for the sand filter and must be provided and maintained at design condition a Drainage Area, 9cres Onsite, ft Offsite, ft2 b Total Impervious Surfaces, ft2 c Design Storm, inches d Sand Filter Depth, feet e Filter Bottom Elevation, FMSL f Top of Sand Elevation, FMSL g Weir Elevation into Sand Filter, FMSL h Bypass Weir Elevation, FMSL 1 Permitted Total Surface Area, ft2 Sediment Chamber Surface Area, ft2 Sand Filter Surface Area, ft2 I Permitted Total Storage Volume, ft3 Sediment Chamber Volume, ft3 Sand Filter Volume, ft3 g Drawdown Orifice h Time to Drawdown, hours Receiving Stream/River Basin I Stream Index Number k Classification of Water Body II SCHEDULE OF COMPLIANCE 1 15 50,167 0 36.520 208 140 348 348 556 808 404 404 1,680 840 840 4" 0 pipe 72 Carolina Beach Yacht Basin / Cape Fear 18-87-31 2 "SB" 1 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and revegetation of slopes and the vegetated filter d Immediate repair of eroded areas e Maintenance of all slopes in accordance with approved plans and specifications f Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping g A clear access path to the bypass structure must be available at all times 4 Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ The records will indicate the date, activity, name of person performing the work and what actions were taken Page 3 of 7 State Stormwater Management Systems Permit No SW8 070817 5 The facilities shall be constructed as shown on the approved plans This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 6 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 7 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 8 Access to the stormwater facilities shall be maintained via appropriate easements at all times 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 Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc Project name change Transfer of ownership Redesign or addition to the approved amount of built -upon area or to the drainage area Further subdivision, acquisition, lease or sale of all or part of the project area The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought Filling in, altering, or piping of any vegetative conveyance shown on the approved plan 10 The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction 11 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 12 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 7 State Stormwater Management Systems Permit No SW8 070817 III GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director In the event of a change of ownership, or a name change, the permittee must submit a completed Name/Ownership Change form to the Division of Water Quality, signed by the parties involved, and accompanied by the appropriate documentation as listed on page 2 of the form The approval of this request will be considered on its merits and may or may not be approved The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request 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) having jurisdiction In the event that the facilities fail to perform satisfactonly, 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 permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility The permit 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 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 10 The permittee shall notify the Division in writing of any name, ownership or mailing address changes within 30 days Permit issued thine 12th day of October 2007 NO CAROLINA NVIRONMENTAL MANAGEMENT COMMISSION ��— for Co een H Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 State Stormwater Management Systems Permit No SW8 070817 Marina East Stormwater Permit No SW8 070817 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / Full-time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is included in the Certification Noted deviations from approved plans and specification Signature Registration Number Date SEAL Page 6 of 7 State Stormwater Management Systems Permit No SW8 070817 Certification Requirements 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 All roof drains are located such that the runoff is directed into the system 5 The outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans 7 A Trash Rack is provided on the outlet/bypass structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short- circuding of the system 11 The permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, and a forebay 15 The required system dimensions are provided per the approved plans cc NCDENR-DWQ Regional Office New Hanover County Building Inspections Page 7 of 7 OFFICE USE ONLY ' Date Receiv d Fee Paid Permit Number L o o �l S 70 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM Tins 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) /�IATZ IWA 9-A_57- L L G 2 Print Owner/Signing Official s name and title (person legally responsible for facility and compliance) 3 Mailing Address for person listed in item 2 above /.20G GNESTA/UT ZejyiD City Sn7iTN,r7/BLD State Ale_ Zlp 2.�$ii Telephone Number ( %/ 0 ) S`i 7 - Z 9B ?- 4 Project Name (subdivision facility or establishment name - should be consistent with project name on plans specifications letters operation and maintenance agreements etc ) 5 Location of Project (street address) •• /► ��f ♦ .r i • • // County MEW 11,4,Voteeff- 6 Directions to project (from nearest major intersection) 7 Latitude 3 y, o s7s, Longitude — 77 , 89 3 ( of project 8 Contact person who can answer questions about the project Name X. WALKE7Z -JoAl - S Telephone Number ( g/p ) Jt5Z — Z/gs II PERMIT INFORMATION 1 Specify whether project is (check one) ✓ New Form SWU-101 Version 3 99 Page 1 of 4 Renewal Modification 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) Specify the type of project (check one) Low Density ✓ High Density Reclevelop _General Permit Other 4 Additional Project Requirements (check applicable blanks) /�CAMA Major / Sedimentation/Erosion Control V 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 Z.)LGAAJA&f- 6ryl- D y/G1Lil 2 Stormwater runoff from this project drams to the lr�rff/z River basin 3 Total Project Area 1% Zi /7 acres 4 Project Built Upon Area 66 % 5 How many drainage areas does the project have?� 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 a�£G ,QTr.4c�la`D 7A�t� Basin Information Drainage Area 1 Drainage Area 2 _ Receiving Stream Name Receiving Stream Class Drainage Area Existing Impervious* Area Proposed Impervious*Area % Impervious* Area (total) Impervious* Surface Area Drainage Area 1 Drainage Area 2 _ On -site Buildings On site Streets On -site Parking On site Sidewalks Other on -site Off -site Total Total 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 Table 1 Drainage Basin Information Proposed Manna East Development Carolina Beach, North Carolina Receiving Stream Name Basin Receiving Stream Class SB Drainage Area (SF) 50167 Existing Impervious Area (SF) 4088 Proposed Impervious Area (SF) 36520 % Impervious Area 72 80% Impervrous,Suiface ,Areatff,,, 7,w—F!rotect,Area; ,�j On -Site Building (SF) 16265 On -Site Streets (SF) 8126 On -Site Parking (SF) 9754 On -Site Sidewalks (SF) 2000 Other on -site (SF) 375 Off -Site (SF) 0 Totals (SF) 36520 ZH CARO�'�i�i S 61611 its, $��StF'dGINi�Pfry �.: 7 How was the off site impervious area listed above derived? A rA 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 1 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 Please indicate that you have provided the following required information by initialing in the space provided next to each item • 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 $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications including - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers Initials 1BA);9 f�AkJ E3w.� - 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) d&e7-B G0nry 71Ar<, rn/P Mailing Address 5710 r2/P on/Ds2 2D2. bvirv_ I/O City A/,.d67�r State n/C Zip 28,103 Phone ( 9/ o i Fax ( 1/0 ) 7 ,?/ /33 8 VIII APPLICANT'S CERTIFICATION I (print or type name of person listed in General Information item Z) L rf-i A" - "- "+ -0f,r / ^" "'"S t( certify that the information included on this permit application form is to the best of my knowledge correct and that the project will be constructed in conformance with the approved plans that the required deed restrictions and protective covenants will be recorded and that the proposed project complies with the requirements of 15A N(-.AC2H lnnn Signature Form SWU-101 Version 3 99 Page 4 of 4 Date 6-- ) 4 © % State Stormwater Permit No Applies to System No SAND FILTER OPERATION AND MAINTENANCE PLAN Regular maintenance is essential to the long-term performance and durability of the sandfilter, as it is with all stormwater BMP's Depending on the types of activities occurring within the drainage area, most sand filters will show a decreased capacity for filtration after a few years At least once a year, each filter must be inspected after a 1" design storm event to determine if the filter bed is passing the runoff within 24 hours 2 If the filter is not passing the runoff completely within 24 hours, the first 2"-3" of discolored sand must be removed and replaced with new sand The removed sand must be dewatered and disposed of properly 3 At the same time that maintenance is performed on the sand chamber, the sediment chamber should be pumped and cleaned The removed sediment should be dewatered and disposed of properly 4 At least once every quarter, check that the orifice is clear 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 any changes to the system or the responsible party Print name and title 6fnft01) �•.]ir 1 h Address f 2p 1? CJ' eWaWd pt " Phone 9 1 9_ 2 -- "S 3 Fax Signature 44 ' Dateq-lts oZ Note The legally responsible party should not e 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, _ flA46 `a -YVA?_ t A rJ 1 , a Notary Public for the State of NOGTtI (fteaLtnl>t , Countyof Etj kAA0o oE1?, do hereby certify that LAe,re.t 'I Er4 N r A 6j personally appeared before me this the 1day of )k-u6�J S'C 26U'j and acknowledge the due execution of the foregoing sand filter maintenance requirements Witness my hand and official seal, SEAL rr/��i �nztnnr t My commission expires t D'{ I 0 � �o``S SP4,;> , a� 40TARy`%"s yPUBOG VER C�v�,. ''"'rrnn111t%% \ Permit No b\4101371 1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM SAND FILTER SUPPLEMENT Thu form may be photocopied for use as an original DWO Stormwater Management Plan Review A complete stonnwater management plan submittal includes a Sand Filter supplement for each proposed sand -filter, design calculations, plans and specifications showing all sand filter details, and a fully executed operation and maintenance agreement PROJECT INFORMATION (Please complete the following information) Project Name 2 ,!U7�Af,p- Contact Person 4G�,o Phone Number (g/D .352- 5 f� For projects with multiple basins, specify which basin this worksheet applies to Elevations Bottom Top of Sand Weir Grate Provided Areas Drainage Area Bottom Area Design Storage Area Volumes Sediment Chamber LID fmsl N/A 3, 5(d_fmsl N/A O /&1 ft' s/ p s/ ft, —Jft' Sand Chamber r 40 find 311A fmsl N/A 7� O find (floor of the sand filter) (min 18 above bottom) (weir into the sand chamber) (top of the grate) 404 ft' (min 360 fi' per acre of drainage area) 90 J ft' (at the weir elevation of the sand filter) Required Volume 6B3 ft3 583 ft3 (Min 540 fi3 per acre of drainage area) Volume Provided 840 ft B %O ft' (volume provided at the weir elevation) Total Volume Provided (both chambers) G SZ5 ft' Other Parameters /i/ Drawdown Onfice Size 7 (maximum 6' diameter) Orifice Invert Elevation fins] (usually the floor of the sand filter) Time to drawdown 7, Z. hours (must be 44 hours) II REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the latest version of the Stormwater Best Management Practices Manual (N C Department of Environment and Natural Resources) and Administrative Section 15A NCAC 2H 1008 Initial in the blank space provided in front of each item to indicate 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 If a requirement has not been met, please attach written justification Form SWU- Page I of 3 Permit No `5W a-07 0'9 t 7 (Applicant or authorized agent- Please initial in the appropriate blanks or mark the blank N/A if it does not apply) a Each chamber (sediment and sand chamber) of the sand filter provides a minimum surface area of 360 square feet per acre of drainage area B b Each chamber (sediment and sand chamber) of the sand filter provides a minimum volume of 540 cubic feet per acre of drainage area c A minimum depth of 18" of sand is provided in the sand chamber d Positive drainage to the sand filter has been provided either in conduit or surface drainage e The sediment chamber has no other outlet except to the sand chamber f The outlet from the sediment chamber to the sand chamber results in a sheet flow condition g An outlet drain has been provided in the sand chamber, which will completely empty the sand chamber within 24 hours t/ h No single outlet pipe is sized greater than 6", to maintain a minimum of 12" of sand depth above the orifice U i The drainage area to the sand filter does not exceed 5 acres 3 Where stormwater quantity control is required by local ordinance, runoff that will flow over the sand filter has been considered in addition to the runoff flowing from the normal outlet of the sand filter k Methods to capture trash have been provided at each inlet to prevent premature failure III SAND FILTER OPERATION AND MAINTENANCE AGREEMENT Regular maintenance is essential to the long-term performance and durability of the sand filter, as it is with all stormwater BMP's The Sand Filter system is defined as the sediment chamber, the sand chamber, and the flow regulator or outlet device This system (check one) ❑ does [?fdoes not incorporate a vegetated filter This system (check one) ❑ does [does not incorporate non-integrated pretreatment At a minimum, the following maintenance activities shall be performed 1 Depending on the types of activities occurring within the drainage area, most sand filters will show a decreased capacity for filtration after a few years At least once a year, each filter must be inspected after a 1" design storm event to determine if the filter bed is passing the runoff within 24 hours 2 If the filter is not passing the runoff completely within 24 hours, the first 2"-3" of discolored sand must be removed and replaced with new sand The removed sand must be dewatered and disposed of properly 3 At the same time that maintenance is performed on the sand chamber, the sediment chamber shall be pumped and cleaned Remove accumulated sediment when it reaches a height of 6" in the sediment chamber The removed sediment should be dewatered and disposed of properly 4 At least once every quarter, check that the drawdown orifice is clear of obstruction 5 Vegetation within an open sand filter must be mowed regularly to limit the height to 12" Vegetation within a closed sand filter must be removed 6 Direct access to the sand and sediment chambers must be provided for maintenance and inspection Form S W U- Page 2 of 3 Permit No rjW IM Z7 l Z 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 party ((�� Print name and title CArr Mailing Address Ghed4n,,Dr. Phone C714- CI? L-toSt=S Fax Signature 4 Date Note The legally responsible party shall not be a homeowners association unless the developer no longer holds a majority interest and a resident of the subdivision has been named the president, or a performance bond has been accepted by the Division I, 1/Y1,j t? 5 �'1 rtL l /�/a Notary Public for the State of�OK;n-t Cjk20 Lt Alt+ , County of (�gw Aft 14J'/t� k do hereby certify that Lf izq i personally appeared before me this the day of Auleyusli 20A�_, and acknowledge the due execution of the foregoing sand filter maintenance requirements Witness my hand and official seal, U �/D WN n SEAL V TAr4 S 5'r1Z l ft 1 �ptu�wunn My commission expires t t D� 0 `'�5 SP�, t4*,��'� PUBOO Form SWU- Page 3 of 3 j*Aoldmg uowy annuuuWV Allur )oddp lunbg utl . SIZL-96L (016) • SOM :)N'uol8au IIA%'UOISWiX3 anuQ lumRAJ LZI VOOZ-09E kO16 XV3 Sfj 2L - %p!J auogd ✓> ui 5' f1� i' n101A (lanoa Iaxa) sa9ed OK IZaKS R2A,O3 NVA k"RaiaaS'vp'ssog J uwgpm 7 - & W Le. sy�-Wellle 0�1 -/bL "93 OD G o / 0//o/ Ma JOUJOAOD 'dolog :d laogozN aa,1{O 1#0015ag a01guimpM saaauml, Isan)vN Pus auawuwuu3 So ♦uanwWaa sugoasj gljol\ido asinS 8 S30dd SGi WI Iviol I88 NO xi Xdd 8 IN 11 8EEI16L6 W9 H 60 91-100 d0 #W 31ON 3dAi S399d 3WIl X1 83AI3038 IN91S 3,Ld4 ON3S y VOMOSE016 NN30ON -WE Wd H-60 Ini LOOd-91-100 .- IWEN NOI IOVSNH I i0'd State of North Carohna Department of Environment and Natural Resources Wilmington Regional Office Michael F Easley, Governor William G Ross, Jr , Secretary FAX COVER SHEET Date ��%�� No Pages ((eexccll cover) To �/i L L'!/ �J oo 12a5 From JU Co McLe 7e c E/2,9 S- Phone 79� Fax 7 91 /93 6 Fax (910) 350-2004 Re gee-��5— 127 Cardinal Drive Extension Wilmington, NC 28405 • (910) 796-7215 • An Equal Opportumt) Affirmative Action Employer LETTER OF TRANSMITTAL To From MACTEC Engineering Project/Job No 4S5007O 3SZ Nc 1 �I l/2 and Consulting, Inc Date /01 5710 Oleander Drive Project Suite 110 Wilmington, NC 28403 Phone (910)452-1185 Description Fax (910)791-1338 W � Ann Attn GJ,9Gaee </o A COPIES DOC NO DATE DESCRIPTION / /o 7-- �rnc /r1q v E �qri 6,4 SW1Q?0 TI-I,ESE ARE TRANSMITTED AS CHECKED BELOW For Approval ❑ Approved as Submitted ❑ Resubmit Copies for Approval ❑ For Your Use ❑ Approved as Noted ❑ Submit Copies for Distribution ❑ As Requested ❑ Returned for Corrections ❑ Return Corrected Prints ❑ For Review and Comment Other ❑ Prints Returned After Loan to us ❑ For Bids Due REMARKS ';� �/P L 1// ! ✓/g 6C�tlm /G �/o �r fi.9 !/B 4N� Copies To Signed IF ENCLOSURES RECEIVED ARE NOT AS LISTED ABOVE, PLgjE NOTIFY US AT ONCE OCT 0 3 2007 MACTEC engineering and constructing a better tomorrow October 1, 2007 Ms Christine Nelson North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Extension Dr Wilmington, North Carolina 28405 Subject Request for Additional Information Stormwater Project No SW8 070817 Marina East Project New Hanover County Dear Ms Nelson OCT 0 3 2001 On behalf of Marina East, LLC, MACTEC Engineering and Consulting, Inc (MACTEC) has reviewed your letter dated September 24, 2007 requesting additional information for the Stormwater Management Permit Application for Marina East submitted August 16, 2007 and revised September 13, 20007 The following sections provide a response to your requests 1 Table 1, the calculations and the narrative have been corrected and are attached 2 The request for this item has been disregarded per your correspondence via email on September 27, 2007 3 The sand filter system will receive stormwater from two pipes The design schematics of this configuration are provided on Figure 6A, attached 4 This Rem required two responses As shown on Drawing 5, the invert elevations for the sand filter are elevations for both pipes are now 3 34 feet The lower elevations were required by the manufacturer due to structural constraints on the sand filter box Drawing 6A has been corrected to show the two influent pipes and the referenced invert elevations Due to the elevation differences between the sand filter and the catch basin, a sump with a sump pump will be used to transfer the treated effluent to the town s catch basin The bypass effluent will be discharged through a bypass chamber and pipe from the sand filter to the catch basin The disposal method is explained in detail in the revised (October 1, 2007) narrative attached A plan view of this configuration is presented as a "cut -away" section in Drawing 5 Additional design details are presented in Drawing 6A 5 Revised Copies of Drawing 5 and 6A are attached 6 The additional fee is attached MACTEC Engineering and Consulting, Inc 5710 Oleander Drive Suite 110 Wilmington North Carolina 28403 (910) 452 1185 p (910) 791 1338 f Marina Fast— Sformwater Application No SW80708I7 Request for Additional Information October] 2007 Page 2 of 2 A Sedimentation Erosion and Control Plan will be obtained prior to the construction of impervious surfaces for this project Please let us know if you have any additional questions or comments Sincerely, MACTEC Engineering and Consulting, Inc B Walker Jones Project Manager/Principal Gerald L Cross, Sr , P E Senior Engineer/ Project Manager STORMWATER MANAGEMENT PERMIT APPLICATION MARINA EAST CAROLINA BEACH, NORTH CAROLINA Prepared by MACTEC Engineering and Consulting, Inc 5710 Oleander Drive, Suite 110 Wilmington, North Carolina Prepared for Marina East, LLC 1206 Chestnut Drive Smithfield, North Carolina 27577 AUGUST 2007 REVISED OCTOBER 1, 2007 Revision 2 rMACTEC �,���`Q\� Sep' •l�'�, ��i C� SFNG1tlE r • �: to" STORMWATER MANAGEMENT PERMIT APPLICATION MARINA EAST CAROLINA BEACH, NORTH CAROLINA Prepared by MACTEC Engineering and Consulting, Inc 5710 Oleander Drive, Suite 110 Wilmington, North Carolina Prepared for Marina East, LLC 1206 Chestnut Drive Smithfield, North Carolina 27577 J ^ 4 ;P_ FNGIN AUGUST 2007 REVISED OCTOBER 1, 2007 Revision 2 Stormwater Management Plan Narrative — Rev 1 MACTEC Project No 6550-06-0352 Manna East LLC Carolina Beach North Carolina October 1 2007 TABLE OF CONTENTS 10 Stormwater Management Plan Narrative 20 Permit Application / Sand Filter Supplement / Sand Filter O&M Plan APPENDICES Appendix A Figures and Equipment Cut Sheets Appendix B Tables Appendix C Calculations Appendix D Town of Carolina Beach Conditional Use Permit & CUP Application Appendix E Geotechmcal Site Map & Boring Logs 0 IJA MACTEC — engineering and constructing a better tomorrow Stormwater Management Plan Narrative Marina East Carolina Beach, North Carolina Rev 2 — October 1, 2007 The following narrative describes the stormwater management plan for the redevelopment of 400, 400- A, and 402 North Lake Park Boulevard with a Planned Unit Residential project The site abuts St Joseph's Street at the intersection of North Lake Park Boulevard The current properties are under two zoning districts with the bisecting line running north -south 155' east of the western property line The western portion of the property is zoned Highway Business and the eastern piece is Marina Business The proposed development will be bordered by North Lake Park Blvd to the west, the Carolina Beach Marina to the east, residential property to the north and commercial development to the south Lee's Lane will be included within the project footprint and serve as property access The proposed stormwater management system will receive and treat runoff from the parking area, landscaped areas, sidewalks, rooftop and Lee's Lane The proposed system will treat drainage areas from all paved and semi -paved portions of the site with a Delaware Sand Filter The sand filter is designed to treat the first inch of rainfall Flows in excess of the design storm runoff will bypass the proposed systems and be routed directly to the nearby Town of Carolina Beach Stormwater Management System The following narrative describes the proposed design which will provide an effective stormwater management system in full compliance with state regulations Marina East, LLC Group wishes to obtain the stormwater management permit through the North Carolina Division of Water Quality's One -Stop Permit Express Program EXISTING CONDITIONS Existing site development consists of one residential and one commercial property covering approximately 4,087 square feet (8 5%) of the site (existing on -site coverage is to be removed in its entirety with the construction of this project) No current on -site controls exist for stormwater, and runoff from the existing rooftops, streets, and parking lots flows overland into the Town s Stormwater Management system or to the Carolina Beach Marina Stormwater drop inlets are present within the North Carolina Department of Transportation Right -of -Way and dram towards the south The proposed development will increase the amount of built -upon area by 30,057 square feet (so to 36 520 sf, or 72 80% of the total drainage area The total drainage area calculations are summarized in Appendix B - Table 1 PROPOSED CONDITIONS This project proposes the removal of all existing on -site structures and improvements and the construction of a four-story multifamily residence (16,265 sf of the entire impervious area of 36,520 so, and open areas (13,647 sf pervious area) including a new boardwalk for manna access Runoff from the building footprint and the impervious areas will be directed to new catch basins and routed along with sheet flow from landscaped areas into a sand filter installed beneath the western portion MAC PEC Engineering and Consulting, Inc 5710 oleander Drive Suite 110 Wilmington North Carolina 28403 (910) 452 1 195 p (910) 791 1338 f Stormwater Management Plan Narrative — Rev 2 MACTEC Project No 6550-06 0352 Marina Eari October] 2007 Carolina Beach North Carolina Page 2 of the parking area Runoff in excess of the design flows for the sand filters will bypass the filters and be discharged, into the Town's Stormwater Management System STORMWATER COLLECTION, TREATMENT, STORAGE AND DISPOSAL Collection Stormwater runoff will be collected and directed by either site grading, catch basins and piping, and semi - pervious cover to the proposed stormwater treatment systems (Delaware Sand Filter) Discharge flows that exceed the design storm for the sand filter will cease flowing into the sand filter and will overflow the influent structure to the system and be conveyed through underground piping to the Town's Stormwater Management System located on the eastern side of N Lake Park Blvd Treatment Due to site grade and seasonal high groundwater table elevation, runoff will be directed to dedicated storm systems and routed to a Delaware sand filter that has been sized in accordance with established sizing methodology as published in the North Carolina Division of Water Quality "Stormwater Best Management Practices" Runoff will be conveyed to the sand filter by either direct sheet flow from adjacent areas or a dedicated storm sewer system that will include an overflow weir structure to divert flows from the sand filter once the design storage head of I -foot over the sand media and design storage volume of the filter have been reached Pretreatment of Stormwater is provided within the sand filter by a sedimentation chamber that will receive initial runoff from the storm event Large particulate matter and rubbish that bypass the inlet grating of the filter will collect within the sump of the sedimentation chamber Runoff then overflows in a sheet pattern from the sedimentation chamber to the sand filter chamber through a series of transfer ports running the length of the structure When the water passes through the void spaces of the sand particles, pollutants with a gram or particle size larger than the void spaces will be filtered out In addition, adsorption of some pollutants to the sand particles may also occur, preventing these pollutants from being discharged into the Town's Stormwater Management System The outflow from the sand filter chamber is through a six-inch orifice per NCDENR requirements Storage In accordance with State Stormwater regulations as published in the NCDENR DWQ's "Stormwater Best Management Practices" and the Delaware sand filter sizing methodology, the sand filter will be designed with a storage capacity of 540 cubic feet per acre of drainage area The sand filter will also be designed with a surface area of 360 square feet per acre of drainage area The required storage for the sand filter is 589 cubic feet The proposed sand filter provides 840 cubic feet of storage The sand filter will also be designed with a surface area of 360 square feet per acre of drainage area The required surface area for the sand filter is 393 square feet The proposed sand filter provides 404 square feet of surface area When the storage capacity of the sand filter has been reached (as indicated by one foot of head measured above the sand media), bypass flow will be routed directly to the Town's Stormwater Management System Even as bypass flows are routed away from the sand filters, a small volume of flow will continue to discharge into the sand filters to balance the discharge rate from the sand filter Stormwater Management Plan Narrative — Rev 2 MACTEC Project No 6550 06 0352 Marina East Ocloher 1 2007 Carolina Beach North Carolina Page 3 Disposal The first flush (one inch) of rainfall will be treated in the sand filters and will be conveyed to the Town's Stormwater Management System through a sump and sump pump system The sump will be located within the sand filter system The effluent collected at the sump will be pumped through a 6-inch PVC pipe directly to into the adjacent catch basin of the Town's Stormwater Management System The sump will be located below the sand filter floor within a clearwell chamber This configuration will allow the sand filter to completely dram on a continuous basis The calculated stormwater storage, as discussed above, will be 840 cubic feet or approximately 6,300 gallons of water The rate of discharge to remove this volume of water in a 24 hour period is 4 38 gallons per minute (gpm) A sump pump rated up to 30 gpm will be used to convey the treated storm water from the sump to the adjacent catch basin, which will be more than adequate to effectively remove the effluent from the sand filter system The invert elevation of the discharge pipe from Town's Stormwater Management System catch basin will be 3 95 feet This pipe will be an 18" reinforced concrete pipe (RCP) that will connect to another town catch basin 225 linear feet to the south The surveyed invert elevation of the southern catch basin is 1 72 feet Bypassed flow from the sand filter system will be conveyed through a 3 feet by 3 feet bypass chamber located outside of the sand filter box that will be connected to the town's catch basin This configuration is required due to structural constraints of the sand filter box The invert elevation of the effluent pipe from the bypass chamber will be 4 3 feet The large storm bypass weir will be at an elevation of 5 56 feet Complete details of this configuration are shown on Figures 5 and 6A CALCULATIONS Stormwater management design and buoyancy calculations for the system are provided with the stormwater management permit application as Appendix C CONCLUSIONS The proposed stormwater management system for this site has been designed to handle the first inch of stormwater runoff generated by the proposed development through the utilization of a Delaware sand filter The proposed system will provide preliminary, primary and secondary methods of collection, conveyance and treatment for Stormwater volumes in excess of the first inch of runoff up to those associated with the 10-year design storm The sand filter has been designed in accordance with the DWQ guidelines of 540 cubic feet per acre and 360 square feet per acre of drainage area The proposed design will therefore meet and exceed the stormwater management requirements of the proposed development Stormwater Management Plan Narrative — Rev 1 MACTEC Project No 6550-06-0352 Marina East LLC Carolina Beach North Carolina October] 2007 APPENDIX B TABLES Table 1 Drainage Basin Information Proposed Marina East Development Carolina Beach, North Carolina Receiving Stream Name Basin Receiving Stream Class SB Total Area (SF) 50167 Drainage Area (SF) 47438 Existing Impervious Area (SF) 4088 Proposed Impervious Area (SF) 36520 % Impervious Area 72 80% Impervrods'Surface'Area - 'sProtectgArea , On -Site Building (SF) 16265 On -Site Streets (SF) 8126 On -Site Parking (SF) 9754 On -Site Sidewalks (SF) 2000 Other on -site (SF) 375 Off -Site SF 0 Totals (SF) 36520 ,NNequHp•••i aN CARO � ..«....Oyu.• ����� rrumN'� �, Stormwater Management Plan Narrative — Rev 2 MACTEC Project No 6550-06-0352 Manna East LLC Carolina Beach North Carolina October l 2007 APPENDIX C CALCULATIONS AC�'ECJOB NO GSJrO-06-D', �Z SHEET OFArM PHASE �1 ,� TASK 03 MACTEC Engineering and Consulting, Inc JOB NAME /V `uni ng �=�1 7 t 5710 Oleander Drive, Ste 1 10 BY G Z_ DATE Z7 D Wilmington, NC 28403 CHECKED BY '�A491 DATE Y/ 12h/® 7 qqA) d3uj'ldinq �OOTm)11_7t IJ) �r"" �2vtvu.� FOv�y�Ftn� %Iu,�nGluo�r C-) LC e4 Z� n 4 0jjj L'p 1 S C&y'/ j fj'!i % adr, &l "hr �- L,'-s F) Tol- t rwfe Lvi'0v5 AAc9 Ca l 6t2. 1�15 260101 p1 zG 1 Zz0f1 SD 16 % � y�T /�Rtiina yc klz`eR Ce7I Cti Ja7L)'Vei v �R.G1hA e wIll �lOh{l.� / f�4, AAWG2Gvr 2, Sc)9Ci'll:elz 5 {$e'z-e����-'o the i2,5t 1 y d � iNh.D60, hGihG 4e. iY2c,G i IL7 G 1 t rnDG2 ✓1�5 rf ��g , F" , 6 S-2 o (0 13G41 q 7� 38�fz 1,oq .S OCZGrG ..R�Gf �It �:lt�1 �. hCOM \I A)C 6 M I A" Mf4l I/ SGy�I MGn f��q7� 'TII I'�C /L C. Ar, YN bG K i ( h4?h hc2 5 �340 Ae_ ) PF 01 ✓�Gdr''aL%� Glij q M ,O �I[ ✓ S 8GF 393 5 F A A MACTEC JOB NO b.�3 0-�- 6,�5Z SHEET 2 OF ,3 PHASE TASK V -3 MACTEC Engineering and Consulting, Inc JOB NAME MR R OF , Ns.4 + 5710 Oleander Drive, Ste 1 10 BY G L DATE Wilmington, NC 28403 CHECKED BY ���DATE Ne.Qah�a2�I'//xn(� �t��cgK Wi�� bC- CtnSGtt I i%o{jKe,? %„fD2,�lWR�Er( 91/ O( YO ItfMP, `= S8 / C Re-4 �fi' '/Vfi:�GGZ /� ,/4-wyr;Ie", C,%atnbe2 �ZCS✓I GYM �L25) /A-at''j S(GJh�-fl of r(„ (,. 2- ft'l 4'G2$) W, 4-V A 4 Ft p, = 2Co+M it, Aph1p4,+ th - 2,0e_(-q fiZ, �,/r,5S y✓�-,fz rh ke- f/d Le_n�7�h = 66,7 ' u,5v Z/a t Qe lam( L�„yfti = 955 use sa,S1c,,Ac k- Gk n be k 1'/to �I�cvt Vm ,' 6 65 C-F ✓/ �/�UVi �1eG( V') B S`D -CF ✓ - PAovi�ec� 5 At' 3Zo SF 1X 5A aye. To S/ jL l�✓�J y1 J�U,sI I/"l e` 51� 4-0 4 5 F F fir, IVGV�tNI� �cgttlrGtS l✓ i t �f�3 b� / Te a� !1 %/ M 1 Fop- A&Irroff fv�tl/EHJ G S F_ /✓�/ G I" 2-Art 1kmx � ,z(`�7 11W )! I R n //y��Q2ff,�c.l)��i V(`�� lNI_�11117P1 Jf, �+1 Jet) j�P---)(e_ J /h11A2 3- Ilk N. ica -- � -7- 2 h& 4, 2�(-h&, AMArTEC JOB NO ESSO-U6-03S2- SHEET __OF 3 PHASE TASK 03 MACTEC Engineering and Consulting, Inc JOB NAME �%ia,�H 5710 Oleander Drive Ste 1 10 BY GL C/ DATE 27 % Wilmington, NC 28403 CHECKED BY _ �1E%7_DATE / � it n C7 CR /G 11 IQ 1-1 01 3 k,;r) Pcr,^ k Fla y Con vo yet t A-41'7 h at C-C 6loyn N 2'4lha Crt ynn�ye2V ioK� Ig71.�c. _ L (f���Gr�� _ c.A- _ 4 4-�f /tT-- 9-7 y-36 Me, a( =5t'h 5�o2vvr� 1-7 Lt3 8 �f� -- /, oTge 36, S20 1 3f 6�-7 1'tz& c- Lis 6621A-- D, ' 1 =a= pa-vvj#�����✓-X L�w�� --- �'" n'14 17 �` (RS¢7� a✓t AI/1�rrinAn�s J=�v« I✓a 7. 00 �� 7 I 2- r;1j'R A?cti. j.0e. ,,`ppuarg81� a t R 'Q _ e 9� z�"p fyQ' ,, °:•�= t X.' 7 "7', SHEET# OF BUOYANCY ANALYSIS VAULT DIMENSION Length 6975 It Width 18 83 it Headroom 5 00 It Walls 4 00 in Top Slab 7 00 in Base Slab 8 00 in ROOF OPENINGS (USE AVERAGE SIZES FOR MULTIPLE OPENINGS) # Rectangular 0 Length 0 in Width 0 in # Circular 0 Diameter 30 in SIDEWALL OPENINGS (USE AVERAGE SIZES FOR MULTIPLE OPENINGS) # Rectangular 0 Length 0 in Width 0 in #Circular 0 Diameter 0 in Concrete Fill 63 kip Baffle 19 96 kip Hardvrare 0 kip FIELD CONDITIONS Unit Weight of Soil 120 pcf Unit Weight of Water 624 pcf Tank Invert 0 00 ft Finished Grade 5 67 ft Ground Water 417 ft BUOYANCY Weight of Concrete 38500 kip Wt Sat Soil on Structure 000 kip Wt Unsat Soil on Structure 1428 kip Total Weight 39928 kip Displaced Water 663568 cubic feet Buoyant Force (Fb) 41407 kip Factor of Salley Req d 1 20 Factor of Salley Actual 096 1 2>0 96 Therefore Anti Flotation Shelf Req d ANTI FLOTATION SHELF DESIGN Shelf Height 8 in Shelf Width 17 in SOIL COVER ON SHELF Depth of Fill 5 58 It Area of Soil 262 78 square feet BUOYANCY Weight of Shelf 2628 kip Wt Sat Soil on Shelf 8320 kip Wt Unsat Soil on Shelf 273 kip Original Weight 39928 kip Total Weight 511 49 kip Fb of Shelf 1093 kip Original Fb 41407 kip Fb Total 42500 kip Factor of Saftey Req d 1 20 Factor of Saftey Actual 1 20 1 2>1 2 Therefore Design Okay Created with novaPDF Printer (www novaPDF com) Please register to remove this message Stormwater Management Plan Narrative — Rev 2 MACTEC Project No 6550 06-0352 Marina East LLC Carohna Beach North Carolina October] 2007 APPENDIX D TOWN OF CAROLINA BEACH CONDITIONAL USE PERMIT Bill Clark Mayor Joel Marna Comwbnan Jerry Johason Councibn Applicant - Alan Gilbert MayorPm Tem Pat Efird Councilwoman Iimothy Owes Town Manager TOWN OF CAROLINA BEACH 1121 N Lake Park Boulevard Carolina Beach, NorthCarohina 2MM 910 458 2526 FAX 910 458 2997 ed narnn@carolmabeach orQ ORDER GRANTEW A CONDITONAL USE PERMIT Manna East, LLC Conditional Use Permit to construct (1) approximately 45,440 sq ft structure under Planned Unit Development Residential to include thirty-two (32) 2 bedroom residential units at 400, 400A, and 402 North Lake Park Blvd The Town Council of the Town of Carolina Beach, having held a public hearing on June 13, 2006 to consider application submitted by the above named applicant for a Conditional Use Perrin for construction of one (1) approxomately 45,440 sq ft structure under Planned Unit Development Residential to include thirty-two (32) 2 bedroom residential units at 400, 400A, and 402 North Lake Park Blvd and having heard all the evidence and arguments presented at the hearing, makes the following findings of fact and draws the following conclusions 1 66,000 sq R of heated and unheated space in a five (5) story structure with four elevated residentral levels including 8 approximately 1,420 square foot units per level under Planned Unit Development Residential 2 The parcels are located within the 100-year floodplam and will be regau ed to have elevated living space The property is also located withm a CAMA Area of Environmental Concem 3 The building site property total square footage is approximately 51,090 square feet heated space on 1 173 acres of upland area- 4 The current properties are under two wrong districts with the bisecting lme running north -south 155' east of the western property line The western portion of the property is zoned Highway Business (H B) and the eastern piece is Marina Busmess (MB) There are no density requirements in BB or MB lfighway Business has a 60% lot coverage minimum while MB is lumted to 40% the 40% lot coverage apphes to this project 5 The footprint of the structure is approximately 16,500 sq ft or 32 29% lot coverage 6 The proposed structure will be 56 feet in height According to the 1997 Land Use Plan for each additional 1 foot in height there shall be a 1 foot increase in front yard setbacks and %z foot taken from each side the setbacks requirements are front (BB and MB) 30 fret, side (BB and MB) 10 feet, rear (HB) 20, (MB) 10 The only difference m setbacks is with the rear property line In thus case the Division of Coastal Management requires a 30 foot setback from the bulkhead which is the most restrictive and apphes for this project The applicant's structure fronts Saint Joseph's Street and is setback 62', the south side is 13' 7 %s", the north side is 13' 0" and 37' from the bulkhead 7 Parking for this project will be at grade level with one point of ingress and egress from Lee's Lane Each restdence will have two unobstructed parking spaces for a total of svny-four (64) spaces Three ebp Ead 1 (3) spaces are allocated to the 225 sq ft pool for a total of 67 spaces (see attached site plan) the applicant will provide a nummum of 67 spaces and a maximum of 71 pending final structural design 8 Planned Unit Developments require 25% open space the applicant is providing 16,877 square feet of open spaceor 33% A ten (10) foot "Type B" buffer yard is being provided on all sides of the development 9 The applicant plans to retain all storm water on -site 10 The proposal is in general consistency with the Town Land Use Plan Concerns for landside condominium developments causing traffic congestion are discussed in 8 18 A Marmas The applicant has addressed this concern by limning access to Lee's Lane and also the applicant is willing to work with the NCDOT and the Town to reconfigure the intersection of St Joseph Street and North Lake Park Blvd Concerns for losing commercial space to marinas associated with an onshore residential development are discussed in 9 4 8 The Marma Area The applicant is creating a boardwalk area adjacent to the sound and is willing to provide a future connection when the adjacent property to the south is redeveloped BASED ON THE FOREGOING FINDINGS OF FACT. the Town Council makes the following conclusion as iMued by Article 14 9 of the Zoning Ordinance of the Town of Carolina Beach It is the Town Council's conclusion that the proposed use will not materially endanger the public health of safety if located where proposed and developed accordingto o the plan submitted and approved by the issuance of the conditional use permit 2 It is the Town Council's conclusion that the use meets all required conditions and specifications It is the Town Council's conclusion that the use will not substantially injure the value of adjoining or abuttingprpWrty 4 It is the Town Council's conclusion that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Iown Land Use Plan and pobcies THEREFORE, becanse the Town Council concludes that all general and specific conditions precedent to issuance of a Conditional Use Permit have been satisfied_ IT IS ORDERED that the apphoation for the issuance of a Conditional Use Permit by Manna East LLC be GRANTED subject to the following conditions the stormwater plan must be submitted prior to issuance of a building permit The stormwater system must be installed according to approved plans and a letter signed and sealed by a licensed engineer must be provided venfymg that the system is properly installed and functioning prior to issuance of certificate of occupancy Drainage plan must be submitted and approved prior to issuance of a building permit the drainage system must be installed according to approved phnis and a letter signed and sealed by a licensed engineer must be provided verifying that the system is properly installed and functioning prior to issuance of certificate of occupancy ehp n Ead 2 3 A driveway permit and construction authorization permit from the Iown of Carolina Beach will be required before issuance of Building Permit 4 Approval from the Division of Coastal Managmem Quality for a CAMA Permit 5 Approval Letter from Division of Water Quality fi our the Public Water Supply Section for a construction authorization permit 6 No structure or equipment of any description shall be erected or otherwise located outside the proposed footprint 7 Flood Certification must he presented prior to issuance of certificate of occupancy 8 Prior to Certificate of Occupancy, an architect or engineer must certify structure does not exceed 56 feet in height 9 Final project must be designed to provide required number of parking spaces as provided in Article 7 of the Town's Zoning Ordinance Final project must be designed to provide the required 67 pig spy 10 Final site plan mist include cross-section of paving detail and indicate on plan areas to be paved 11 The number and types of vegetation must be included on the final plan A certificate of occupancy shall not be issued until landscaping is planted according to approved final site plan. 12 Refuse collection agency that will be used must be included on final site plan 13 All structures must be designed to meet NFPA approved Fire Sprinkler systems and meet minimum NC Fire Prevention Code Approval letter must be submitted prior to Certificate of Occupancy 14 All permits and approval letters required by all Federal, State, and Local Agencies must be submitted prior to Certificate of Occupancy 15 A sign permit must be obtained for any new signs located on the property 16 NlaiMwnance of permanent open space parking, streets, drainage systems, utilities, and other such f icilrties- All common facihties shall be maintained for their intended purpose as expressed in the approved final site plan. the method of providing for such maintenance shall be submitted prior to Certificate of Occupancy by one (1) or more of the following a Public dedication to the Town, subject to the Town's formal acceptance of such hmhties in its sole discretion b Establishments of an association or nonprofit corporation of all individuals or corporations owning property within the mixed use development for the purpose of ensuring maintenance of common facilities c Retention of ownership, control, and maintenance of common facilities by the developer or Home Owner's Association 17 Certification shall be provided that all improvements, including but not limited to paving, drainage, stormwater, landscaping shall be constructed and maintained according to the site plan approved by the Director of Planning or his designee prior to Certificate of Occupancy 18 Prior to issuance of building permit a plan that includes a grading schedule, and constriction schedule shall be approved by the Technical Review Committee 19 Prior to issuance of building permit, all approval letters and final site plan shall be submitted, and items mentioned above shall be submitted and approved by the Town of Carolina Beach Technical Review Committee that includes the Town Manager, Planning and Development, Building Inspections, Operauons/Stormwater/Pubhe Works and Fire 20 Major changes to approved plans and conditions of development may be authorized only by the town council after review and recommendation by the planning and zoning commission in the same manna as outlined in Article 14 of the zoning ordinance 21 Prior to issuance of a building perrmt, a plan that includes a grading schedule and construction schedule shall be approved by the TRC 22 Water meters must be relocated in the right-of-way and run Imes to the units 23 A scaled site plan must be submitted prior to issuance of a building permit All drawings shall be prepared at a scale of 1" equals 50' or larger showing the site and all land within 150' of the site 24 All lots utilized for the project shall be combined before issuance of a Certificate of Occupancy 25 Sidewalks curb and gutter shall be installed in accordance with Article 8 of the zoning ordinance and be ADA compliant ehp Mums Fos[ 26 Exterior lighting should be shielded on the building 27 The boardwalk area adjacent to the sound shall remain open to the public with a potential tie in to the property on the south Ordered this 13'h day of June . 2006 Bill Clark Mayor Date ATTEST L Id- O(o Date Chp 4 1vfn Ead A" 40" 4t S -j MACTEC — engineering and constructing a better tomorrow TOWN OF CAROLINA BEACH — NORTH CAROLINA APPLICATION FOR CONDITIONAL USE PERMIT ❑ Written Application 1) The applicant's name, address, and phone number in full Marina East, LLC Scott Patton 308 South Lake Park Blvd Carolina Beach, NC 28428 (910) 458-1166 2) The property owner's name, address, and phone number in full, if different than the applicant Marina East, LLC Scott Patton 308 South Lake Park Blvd Carolina Beach, NC 28428 (910) 458-1166 3) The developers name, address, and phone number in full if different from the applicant Marina East, LLC Scott Patton 308 South Lake Park Blvd Carolina Beach, NC 28428 (910) 458-1166 4) The name, address, and phone number in full of the professional(s) responsible for preparing the plan, if different than the applicant. Jeff Mann MACTEC Engineering and Consulting, Inc 3301 Atlantic Ave Raleigh, NC 27604 (919) 831-8066 Darryl Barker Barker/Guidry Architects, Inc 273 North Front Street Wilmington, NC 28401 (910) 763-3155 5) If the applicant is different than the property owner of a record, a signed statement that the applicant is officially acting on the owner's behalf INCLUDED IN THIS PACKAGE 6) The address and or parcel number of the property • 400 N Lake Park Blvd Carolina Beach, NC 28428 R08818-006-020-000 MACTEC Engineering and Consulting, Inc w mactec com 3301 Atlantic Avenue Raleigh NC 27604 • Phone 919 876 0416 Fax 919 831 8136 TOWN OF CAROLINA BEACH — NORTH CAROLINA APPLICATION FOR CONDITIONAL USE PERMIT MAY 31, 2006 • 400 A N Lake Park Blvd Carolina Beach, NC 28428 R08818-006-021-000 • 402 N Lake Park Blvd Carolina Beach, NC 28428 R08818-006-019-000 Lees Lane Easement Carolina Beach, NC 28428 No parcel number 7) Project title Marina East 8) The boundary of the property by metes and bounds description LEGAL DESCRIPTION COMMENCING AT THE INTERSECTION OF THE NORTHERN RIGHT OF WAY LINE OF CARL WINNER STREET AND THE EASTERN RIGHT OF WAY LINE OF NORTH LAKE PARK BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE FROM THE ABOVE DESCRIBED TRUE POINT OF BEGINNING AND RUNNING ALONG SAID EASTERN RIGHT OF WAY OF NORTH LAKE PARK BOULEVARD NORTH 01 56'58" WEST 21000 FEET TO A POINT, THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 01 56'58" WEST 100 00 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 01 56'58" WEST 119 60 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 01"56'58" WEST 20 00 FEET TO A POINT, THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 02 10'46" WEST 4990 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH 02 00'09" WEST 80 02 FEET TO AN EXISTING IRON PIPE AND BEING IN THE SOUTHERN LINE OF A 25 FOOT INGRESS, EGRESS AND REGRESS EASEMENT, KNOWN AS LEE'S LANE, THENCE LEAVING SAID EASTERN RIGHT OF WAY LINE OF NORTH LAKE PARK BOULEVARD AND RUNNING ALONG SAID SOUTHERN LINE OF LEE'S LANE NORTH 87 36'58" EAST 371 11 FEET TO A POINT IN A BULKHEAT AT MYRTLE GROVE SOUND, THENCE LEAVING SAID BULKHEAD NORTH 87 36'58" EAST 53 88 FEET TO A POINT IN MYRTLE SOUND, THENCE SOUTH 15 28'28" WEST 84 07 TO A POINT IN MYRTLE SOUND, THENCE SOUTH 85-52'26" WEST 41 05 FEET TO A POINT IN THE BULKHEAD, THENCE RUNNING ALONG SAID BULKHEAD THE FOLLOWING COURSES AND DISTANCES SOUTH 87 08'03" WEST 28 88 FEET, SOUTH 02 41'49" EAST 29 03 FEET, SOUTH 87 18' 11" WEST 3146 FEET, SOUTH 02 41'49" EAST 2148 FEET TO A POINT, THENCE LEAVING SAID BULKHEAD NORTH 88 03'02" EAST 26 87 FEET TO A POINT IN MYRTLE SOUND, THENCE SOUTH 15 18'02" WEST 146 17 FEET TO A POINT IN THE PIER FOR CAROLINA BEACH YACHT BASIN, THENCE ALONG SAID PIER SOUTH 11 09'23" WEST 3 54 FEET TO A POINT, THENCE CONTINUING ALONG SAID PIER SOUTH 85 24'12" EAST 173 FEET, THENCE CONTINUING ALONG SAID PIER Page 2 of 5 TOWN OF CAROLINA BEACH — NORTH CAROLINA APPLICATION FOR CONDITIONAL USE PERMIT MAY 31, 2006 SOUTH 15 13'19" WEST10069 FEET, THENCE CONTINUING ALONG SAID PIER SOUTH 16 01'40" WEST TO A POINT, THENCE LEAVING SAID PIER SOUTH 23'26'02" WEST 68 36 FEET TO A POINT IN THE NORTHERN RIGHT OF WAY LINE OF CARL WINNER STREET, THENCE RUNNING ALONG CARL WINNER STREET NORTH 84 34'34" WEST 1 49 FEET TO A POINT, THENCE CONTINUING ALONG CARL WINNER STREET SOUTH 88'03'02" WEST 33 83 FEET TO A PONIT, THENCE CONTINUING ALONG CARL WINNER STREET SOUTH 88 20'02" WEST 140 00 FEET TO A POINT IN THE EASTERN RIGHT OF WAY LINE OF NORTH LAKE PARK BOULEVARD AND BEING THE POINT AND PLACE OF BEGINNING CONTAINING 3 77 ACRES (164,471 S F ) AS SURVEYED BY JAMES A LEWIS, PLS L-4562 IN SEPTEMBER 2005 9) Project description, including the total number of structures, units, bedrooms, offices, square feet, total and usable floor area, parking spaces, carports or garages, employees by shift, amount of recreation and open space, type of recreation facilities to be provided, and related information as pertinent or otherwise required by this chapter The scope of this project is to re -develop 400, 400-A, and 402 North Lake Park Boulevard with a Planned Unit Residential project Any existing structures at these addresses will be removed The site abuts St Joseph's Street at the intersection of North Lake Park Boulevard The current properties are under two zoning districts with the bisecting line running north -south 155' east of the western property line The western portion of the property is zoned Highway Business and the eastern piece is Marina Business The combined tract including the easement to the north is 126 acres of uplands The revised upland portion of this project including the easement will consist of 51,090 square feet The revised upland portion of this project excluding the easement will consist of 41,906 square feet This project also proposes to provide boat slips along the marina basin for owners within the project The existing bulkhead is proposed to be moved landward to the location shown on the site plan increasing the water surface area by 4,046 square feet The building portion of the project will be a single five -story building containing thirty-two private residences The building's footprint is 16,500 square feet The allowable building footprint is 16,762 square feet for this site based on the forty percent maximum of the upland portion of this building site There will be four elevated residential levels with eight residences per level Each residence will be a two bedroom two bath home of approximately 1,420 square feet The remaining area will be a combination of storage, balconies, and vertical and horizontal circulation components The total living space for the building is approximately 45,440 square feet The maximum height of the building roof -line will be fifty-three feet The maximum height of the parapet wall atop the roof will be fifty-six feet Page 3 of 5 TOWN OF CAROLINA BEACH — NORTH CAROLINA APPLICATION FOR CONDITIONAL USE PERMIT MAY 31, 2006 Parking for this project will be on grade parking with one point of ingress and egress from Lee's Lane Each residence will be provided with two parking spaces for a total of sixty-four spaces Three additional parking spaces will be made available for swimming pool access Up to four auxiliary parking spaces may also be made available A sprinkler system is required for this project by the NC Building Code and will be based on NFPA standards with input from the local Fire Marshall The sprinkler system will be designed by a licensed sprinkler contractor based on specifications provided by a mechanical engineer Standpipes will be located as required by code and an FDC will be provided adjacent to Lee's Lane for connection to necessary fire fighting apparatus A fire alarm system will be designed and installed per North Carolina Building Code The project does fall within CAMA's jurisdiction for waterfront development and all pertinent CAMA regulations will be complied with on this project The open space requirement for this project is twenty-five percent Ten thousand four hundred seventy-seven square feet is required with sixteen thousand eight hundred seventy-seven square feet being provided A pool is being provided as an amenity for homeowners living in this project A ten foot wide boardwalk is planned to parallel the bulkhead along the manna's edge A sidewalk will be installed along the street frontage of the property for future connection along street Appropriate and required landscaping is going to be provided as required by the town's ordinances Trash removal from this project will be accommodated by an on site dumpster being monitored by a solid waste company This project will continue the revitalization of the Manna Basin by providing additional boat slips and more boating activity It will further along the re- development of the town's urban core by adding additional residences as well The architectural design of this building will also enhance the streetscape of North Lake Park Boulevard 10) A vicinity map drawn at a scale of 1"=2000' with North point indicated Provided on Drawing 11) The gross acreage of all parcels in the project Total of 126 acres Page 4 of 5 TOWN OF CAROLINA BEACH — NORTH CAROLINA APPLICATION FOR CONDITIONAL USE PERMIT MAY 31, 2006 12) Project completion schedule/development phase Estimated to be in December 2007 all in one phase 13) Written statements relative to project's impact on existing infrastructure (including capacity of streets, schools, and utilities) and on the natural environment of the site and adjoining lands The project will have minimal impact on existing infrastructure and the natural environment of the site and adjoining lands The proposed building and associated site improvements around the building will increase the impervious surface for this location Stormwater runoff from the building and parking area will be conveyed to a sand filter prior to discharge to the existing Carolina Beach stormwater sewer system, in accordance with State of North Carolina and Town of Carolina Beach stormwater regulations The 15 inches of stormwater runoff with be treated through the sand filter Additional stormwater runoff will bypass the sand filter and discharge directly to the Carolina Beach stormwater sewer system The increased impervious surface and subsequent stormwater runoff increase should not significant increase the impact to the existing Carolina Beach stormwater sewer system, as the entire disturbed area is only 1 26 acres The impact to water utilities will be minimal (approximately 11,500 gpd) The impact to sewer utilities will also be minimal The existing sanitary sewer line located within North Lake Park Boulevard has a diameter of 8-inches This sanitary sewer ]me discharge to Lift Station No 1 The proposed project will add an estimated 8 gallons per minute of flow to this line Based on conversation with Mr Brian Cox (subcontracted engineer for Carolina Beach) the existing sanitary sewer line has available capacity to handle the additional sanitary sewer discharge associated with this project Electric, cable and telephone service is available to the project site The impact to these utilities by this project will be minimal Landscape buffers have been provided between the project site and the adjacent property owners Page 5 of 5 SITE fi VICINITY MAP (1 INCH = 2000 FT) AN EXmING WON 1111 mCNCE CONENVING ALONG BIG R¢HY BE WAY NOPm DI IS 5B WEST 20M FEET 10 A POINT THENCE CONTINUING ALONG YJO RIGHT OT WAY NORTH 07I016 WEST 1990 FEET TO AN EXISTING IRON PIPE THENCE CONTINUING ALONG SAID RIGHT OF WAY NORTH COLLOIDS WEST 8002 FEET TO AN EXISTING IRON PIPE AND BEING IN THE SOUTHERN UNE OF A 25 EMT INGRESS EGRESS WHO REGRESS EASEMENT XNOWN AS LEES LANE THENCE LEANING ALONG SAID SOUTHERN LINE OF LEES LANE NORM BT3655 EASE 371 11 FEET 10 A POMI IN A BULKHEAD At MYRTLE GROVE SWNG ]HENCE LEANING SAID BULAMBO NORTH 873658 EASE 5388 FEET 10 A POINT IN MYRTLE SOUND ]HENCE SOUTH 152828 WEST 84 07 TO A PONE IN MYRTLE BOUND THENCE SOUTH 85 52 26 WEST 41 05 FEET 10 A POINT IN THE BULKHEAD THENCE RUNNING ALONG SAID BULKHEAD THE FOLLOWING COURSES AND DISTANCES SOUTH BPOB 03 WEST 2888 FEET SOUTH OLI t$ USE 2903 FEET SOUTH 9TI811 WEST 31 46 FEET SOUTH 02.1 49 EAST 21 48 ELSE TO A POINT THENCE LEAVING H SAID BULKHEAD NORTH IT0302 EAST 268] FEET TO POINI IN MYRTLE SOUND THENCE SOUTH 51802 WEST 1 61> FEET 10 A POINT IN ME PIER FOR CAROLINA BEACH YACHT WIN THENCE NONG SAID PIER WON $1 09 23 WEST 354 FEET 10 A POW) THENCE CONTINUING ALONG SAID SOUTH SOU IN 852. 12 EAST 73 FEET HENCE CONTINUING ALONG SAID PER SEH 15 13 19 WEST IOD 59 FEET THENCE CONTINUING &ONG SAID PIER SOUTH IUD) 00 WEST ED A PXINI THENCE LEANNC SAID PIER SOUTH 23 26 02 WEST 6836 FEET TO ALONG A POINT THE NORTHERN RIGHT OF WAY LINE OF ME WINNER STREET THENCE RUNNING ONONG CARL WINNER STREET NORM 64 34 J. WEST 1 49 FEEL 0 A POINT THENCE CTINUING ALONG CARL WINNER BUILT 50UIH 100302 WEST 3383 FEET IG POINT THENCE COGHINVING ALONG CARL WINNER STREET SOUTH W2002 WEST I40M OH FEET i0 A P Ni THE EASTERN RIGM OF WAY UNE OF NORM LIKE PARK BOULEVARD AND BEING THE POINT AND PUCE OP BEGINNING CONTAINING 3]] ACRES (I6. O1 SF) AS SURJEYE➢ BY JA US A LEWIS PER L-4562 IN SEPTEMBER OF 2W5 LEGEND OF STANDARD SYMBOLS O WAY « a a — — WML WE OR AWAHAPAN O m0 rTNnN OYIMt AWAY B]�1uw EMPASAW .S KR wi e AD MIX A® A. WIF SHE .1 waNw WIN o.. MR o, OMIm. YHOSP PROPERTY OWNERS m�� M v Imo QFg \ I I 24 0935E 305 ZEES UNE (NO] OPEN) \ \ 35 INGRESS EGPE55 h . .9115 FASEYENI Y (OB J]6 PG 09) NgT]6 0 t t99 39B IG wK ouc 21 MAcxouA 10 vAI� .� ©f I C/// l�eie O�i On Imk \ Z tl o �I I ,PWNGL„�Y e n� \�G k'X! 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CC032MGC I11 RVNPlTLR IASCTRACK / SETBACKSTANDAR DI f oA1 Al JI16t Yyy 0.EOUIRED PROPOSED \ LEES NGE ,B O EN) / MINIMUM FRONT YARD 33rT 63 FT IS IxGRE55 EGRESS kREGRESS ENENi MINIMUM SIDE YARD 10FT/10FT 13TT/IIFT)IQ IN 3130 / MINUNM 0.65RYARD 3014 66 FT MINIMUM REAR Y ARD ICAMAI 30 FT 30 FT {yp( RESIDENTIAL REOUIRkDPARIUNG m l TOTAL BUILDING UNITS 33 UNITS BOB DING HEIGHT 53 FEET TOTAL PARKING 32 UNITS ®LUNIT+M �� d PROVIDEDPARRMG 3 (n nnIR YELL '°• l TOTAL PARKING 6( SPACES PROVIDED 6a RFQO1REG m AG Imo HANDICAPEOOCI,S )PROVIDED 3REQUIREU \ -Q TRI- MWSPA SNIMMOPL3PROVIDED 3REQUIRED J\\) ROARDx ALK 355 I IS J 1�IIr'I111 �111'�I1PIr--'1I Sm BLOC BII SO m N�V—+ 1 Za6 (M51 / •y 1� URDIN m 9] C NT B.00K n QE n 1 1 Ne6 osa SWOO 02V 101 e6 14 l loo so l fH 1 1 I FOR REVIEW ONLY �MACTEC 1 PRELIMINARY NOTFORCONSTRUCFION �� s Y ( N \ L \,\L% .A E.\tL\C 11 \FI.E H". 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ODD CLASS C CLASS D BEDDING DETAILS Nib willillifiq r a+�.wm.i C --------------- x000 son o1.. • -1 p uaxa npv wn puwmx A TEMPORARY SILT FENCE DETAIT. SECTION B �e Sn PLAN SECTION A xo�su wx .I. pe REFUSE DISPOSAL FACILITY iFI eNCFio mx;rinxwxa:nueixs CONCRETE PAD DETAIL .iuuc iawswasxs wcuEm T. FOR REVIEW ONLY PRELIMINARY NOTFORCONSIRUCTION T 1 7 T v SECTION C SECTION D I r BOLLARD FOOTING swc grMACTEC TEMPORARY CONSTRUCTION ENTRANCE TYPICAL CONTAINERIZED DEOIDIOUS TREE DETAIL TYPICAL POTTED SHRUB DETAIL A <18 B a c S D 8 E 6 cnn ci nW Sr L M SPAuD AT XUL+v wrtnvus EacErr rrwrEG TNErr[Nwu ew eaeaTu+En Ac .CEnwraEUsfnwlI. 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REVERSE SLOPE Ia CURaAGIfIIER WHEELCHAIR RAMP (DROP CURBI NTS WHEELCHAIR RAMP X.A CURB AND GUTTER N T s m NTS IT ARR ' RIGHT OR LEFT IJFMNMT.z VAN TURN ARROW NN+MRR RESERVED PARKING CLESsiB +smo Psw emErc>M wNpxTE �°'+'NRTE� ILA oe ® RESERVED I RAN IAR T`e l+FICNIiFDM ee _ �nMiETED oo PARKING MMEEY.YlFA M149EL4v.xp aPCw iO sEwEnuuXOSREDDx.0 u.xgF3 ELEVATION rglUtaMMOMIfIFn MLIart U.06 VEW Lx4K6`b' m ETMAF2a 31ER5FKAOGNDS NEONXEDM MLSEpM PUCS DF PLAN D YA`wSFS IMf 1FD xiRVFlL APFAS ® �I11lER tzw Mm�LLxe NRXGTCN OhTIu a STEEP s.DEs MA%IMUM PENA PRECAST CONCRETE MANHOLE PE. '=1 H PENA fiB NTS s z tt Pw roles Mm L artrex LN[ Mew .tl ENerT uwuxe»xazewLeExxrtExru[a ELEVW ;TION� SECTION RA r.VEUEXixA+eiYevLg89W1 WieELWlFn.eiD[R� rsn..�cnxeE wwAL..Tm`N�v�EIEPA.nrKn,e.,AFXPARSl,.e DROP INLET PROTECTION "oR"MLa.m A'x sEE'e"A°c' RE D��%eEwcEn.clmeS.wuvE�SnwoX NT8 X�ae,DS s+Nl Ow fm Pnw <¢E 9•.emAx r6TulgEz+Ex.FA GW NCsuw4 SECTION SS PAVEMENT DETAIL PAVEMENT MARKINGS PLAN or TOP sue HANDICAPPED SIGN NTS NTS ARROW SYMBOL TOWN OF CAROUNA BEACH TOWN OFCMIXINA BEACH TOMM OF CAROLIIU BEALM mAaw ^ CAROUNA BEACH NORTH CAROUNA CAROLINA BEACH NORTI CAROUNA CAROUNA BEACH NORTI UROLINA LAROLTOWN OF CAROUNA BEACH MINA BEACH NORTH WiOLINA N?aElWl r. c amaerwe¢M.rwwa NOT ACCEPTABLE EARTH LOADS NOT EXCESSIVE nnrurr - p eEOxm iX.Asg[e1mE wAGwYE + •`+$ cccss��� vuvE.1 \ rVNVE ISaEemLv� ///VM/�+� v.LW eLev.+[M � vmNAYanW w.n_ mulmEal[P x \\XII XII /// MYueeuw e I mEwwLa u Vu+l M nM f6 NOTACCEPTABLE E%CESSIVEEART WAOGENERATED I wrx mwa.RFR [ Os i mZrtvr+aLxe rsree wt 7 a D v r \ Mau mroxMnw.mM+mmmin.nw av¢ emaz um x I+aO a wt xAm uu ` XJiE MnM1.w WDN;lEtl9OE lA5F➢FDP xTEWEnw2 w¢vmE �E� C 1FSIM ANOFp,XE D11E11 pUN SECTION xc x¢+Zc ev+ w.a Ac vrtvewe 0 STANDARD DETAIL FOR BACKFLOW PREVENTION REDUCED Nw.rmASww�x¢LMEwwu eeu PRESSURE PRINCIPLE ASSEMBLY OR COUBLE CHECK VALVE NOTEroeL^LT xwLMmvEaowuwn NXV eEEw ASSEMBLY(DCVA)N4 PABOVEGROUNDNaPECTEDDYTNEfJTr..UDTIDNexFEcp+ s f TRENCH EXCAVATION METHODS WATER SEVICE DETAIL BACKFLOW CROSS CONNECTION NTS SEWER TAP STANDARDS NTS NTS NTS 0. 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(bpp 60 70 80 90 1 hrd moist grcctth gm fine sand% SII i (MI ) m1th some Shell fr mments 63 SS I> X 7 26-32 6> 70 SS 16 27-6116 70 Bonn_ mrmnwted at 69 feel 7D 7> 80 8o 85 85 90 90 95 95 00 100 0> 10> 110 110 Hs S 120 __ DRILL[ R Car01111a Ilrllhne PQDIPMLNI 4D D manual hammer Mr I I IOD Mud ratan I IOLF DIA 5 RrAIARKS Grouduater mummcd at 3 5 feet based on sample obscrvauon I [Is, RE CORD IS A RI ASONABI F INTLRPRr I A I ION OF SUBSURFACE CONDI I IONS Al l I IF LXPI ORA I ION LOCA1 ION SUBSURFACE` CONDITIONS Al Ol1IFR LOCA FIONS AND Al O Il ILR TIMI S MAY DU I I R 1N IFRI ACC, BLWLI N S rRA I A ARI APPROAIMA rL TRANS] [IONS 13E I WFEN S rRA I A MAY 131 6RADl.AL V IV LV JV Y\/ JV W /V dll YV IW SOIL TEST BORING RECORD Project Marina East, Caiolina Beach NC Boring No B-1 Dialled Apid 16 2007 Project# 6550-06-0352 01 Page 2 of 2 J 1VLACTEC L R I I (�I) SOIL CLASS] FICA r10N AND RLMARKS SEr LI V SYMf301 Sl IFEI I OR EXPLANA I ION OP SYMBOLS AND ABBREVIATIONS BEI OW I I G L N D r L r V (ft) SAMPLES PI 10 N ems) o o) 100 I D N 7 1' P F N CUUN I or Ree4dRQ�o e .- 9 A a ��) 20 30 ♦ • 40 IINF_S WI 50 (ia) (bpi) 60 70 SO 90 I esc to mcdnidense mom to ext fight to dark brown finnto na e cdimn SAND (SP) SS 1 5 5 5 5 1 SS 254 45 SS 3 7 10 Wood fraamrnu at 8 5 to 10 feet SS4 x I 0 1 10 I5 SS 5 X 5-&6 6 1 1 1 1 15 20 SSG x 1 2 4 20 25 Wood fragments at 23 5 to 25 feet SS 7 X 5 9 5 5 30 SS 8 17 16 16 30 Dense to medium dense \vet ercemsh era) silt) fine to eoIrse SAND (SM) will fine gravel and shell fragments 35 SS 9 X 5-6 6 b 40 SS 10 X 12 8 6 40 Sufflohard moist greenish grm fiaesand\ SILI (ME) mth some chcll fragments 45 SS 11 X 1 2 3 45 50 SS 12 X 10-14 II 50 5J SS 13 X 8 11 37 55 <n SS 14 2-4 II DRILLFR Carolina Drilling LQUIPMENI 45 D manual hammer MEI IIOD Mud romm HOLI DIA 5 RI MARLS Ground\vater at 6 feet five dais ifter dnlLnc THIS RI CORD 1S A RI ASONABLE IN FPRPRrTA I ION Of SUBWRI ACL CONDI i IONS A I TI II, FX13L ORA I ION I OCATION SUBSURI ACL CONDI I IONS A 1 011ILR LOCATIONS AND Al 0I71PR TIMES MAY DIFELR INITRFACI S DEWLEN STRA I A ARE APPROXIMATE I RANSI I IONS III, rWEf N S rRAI A MAY BE GRADUAL U IU 2U SU 4U 50 W 7U Ito 90 IMJ SOIL TEST BORING RECORD Project Manna East, Calohna Beach NC Bonne No B-2 Drilled April 11 2007 Project # 6550-06-0352 Ol Page 1 of 2 �� MACTEC r 11 (n` SOIL CLASSIFICATION AND REMARKS SLI KLY SYM1301 SI ILI I I OR E\PLANA I ION Or S) MBOI S ANDABBRI VIAIIONS BI LOW I L O r N D r 1 v (a) SAMPLES 10 D N T I � P 1 N couNl d Rec°.RQn°° =�14 20 30 —0 ♦ • JO rINrS SPI (°o) (OPT 60 70 SO 90100 Sub to hard mmst greenish grai firm sand% SILT (MI ) with some shell fragments 6a SS 15 X 1714 20 6 70 SS 16 X 9 14 32 70 Borm ternunated at 70 feet 75 75 So 80 65 85 90 90 9S 93 i 100 100 i 105 05 110 110 115 „n II, -I LR Carohm Drilling 'IPMFNT 4. D manual hammer '1101) Mud rota.) f DIA 5 IAIi6S Groundwater at G feet f, c da,s after drilling THIS RI CORD IS A REASONABI r IN rl-RI'RI TAI ION 01 SUBSURPACL CONDI (IONS A I rl IF LXPI ORA I ION LOCATION SUBS L)Rl ACr CONDI rIONS Al 0 rl ILR LOCAL IONS AND A r OTI IFR TIMES MAY DtrrLR INTLRf ACl S Br WI rN STRAI A ARL APPROXIMA I I I RANSI I IONS 131 rWLLN STRA I A MAY BL GRADUAL 0 10 20 30 40 50 60 70 80 90 100 SOIL TEST BORING RECORD 11 Project Marina East, Caiohna Beach NC Boring No B-2 Drilled Apt1111 2007 'PI oject# 6550-06-0352 01 Page 2 of 2 J° IACTEC 3 SOIL CLASSII'ICATION L r SAMPLES PIB ) Nne%) LI °) I, AND REMARKS I I I N couN1 11 1 V I Y Rcc%d12QD°r° SI L KEN SYMBOL SI ILI T I OR I %PLANATION OI N N P � �^ � ,e • SPl (bpo Sl Mani S AND ABBRI VIA I IONS BFLOW D (f(it)F T — -2= () � F �, 6 10 20 30 40 50 60 70 80 90 100 I OO�C to It1C(IIUm dCI1sC In01s110 wel bf0en flnf to Inedlum ,AND (SP) SS 1 222 5 SS 2 3 3-4 5 Q SS3 X 223 10 SS4 >67 to 'N 15 SS 5 14-22 26 15 20 SS 6 1 3 3 20 2> SS7 4>4 ♦ 25 Medmm dcnsc set grocnwh gra) s,h5 fine to coarse SAND $0 (SM) with fine gravel and shell fraemems SS 8 7 9 I3 30 35 SS 9 10-12 12 35 40 SS-10 x 6-44 40 Sturm hard morst grecrosh_oa) finesandt SILL (ML)with 45 occasmnal cortmnmd 7oncs SS II 36A 45 30 SS 12 X 1927 32 30 Ss _ SS 13 26-5716 5> SS-14 x 3 7 38 DRILI FR Carolina Drilling EQUIPMI NJ 43 D manual hammer MF II IOD Mud rotor) IIOII DIA 5 REMARKS Groundwater emanated at 6 feet baud on sample otnervanm, If [IS RI CORD IS A Rf ASONABLL 1Nl FRPRETA LION Of SUBSURF ACI CONDI IIONS AI THE EXPLORAI]ON LOCATION SUBSURFACE CONDI FIONS Al OI I ILR I OCATIONS AND A l 01111 R FIMf S MAY DII f LR IN rFRI ACI S Bf WI I N STRATA ARP APPROXIMAI L I RANSI I IONS 131 I WFLN STRAI A MAY BF GRADUAL ll IU LU SU 4U 3U 6U 70 80 90 IM SOIL TEST BORING RECORD Project Marina East, Caiohna Beach NC Boring No B-3 Drilled April 16 2007 Project # 6550-06-0352 01 Page I of 2 MA--ICTEC 1> SOIL CLASSIFICATION L I SAMPLES T 11 b0 AND REMARKS SI F Kr\ S1 M130L S1IFFT FOR rXPLANATION 01 SYMBOI SAND ABBRFVIATIONS BFLOW I G I N D I V (it) n I N 7 Y P ISufF N COUNT or Rec4dRQD4o Fi A 4 10 20 30 • • 40 nws SPI �0 (^s> (bpO 60 70 80 90 100 moist.gropray tint sands Sit I (ML)wnh meaveasohard ocoital cemented zones 6� SS 15 X S-17 26 70 SS 16 »/6 70 70 Boring tennumled at 69 feet 73 75 80 80 85 85 90 90 95 9� 100 100 105 105 110 1110 IU lU DRILLLR Carolmi Drilling CQ131PMCN r 4� D manual hammer MCIIIOD Mud ratan I IOLF DIA 5 RLMARKS Groundtemer estimated at 6 feet based on sample obsuvauon ri DS RI CORI) IS A RI ASONABI I INTE RPRFTATION OI SU13SURI-ACL CONDI I IONS A I r16, CXPLORAI ION I OCAI ION SUBSURFACE CONDITIONS AT OI11LR LOCATIONS AND AT OI I IER l IMf S MAY DIP[ I R IN rFRFACLS 131 WrCN Sl RATA ARI APPROXIMA i F TRANSIIIONS BPI WLLN SFRA I A MAY BI GRADUAL 0 10 20 30 40 50 60 70 80 90 100 II SOIL TEST BORING RECORD II Project Mat ina Cast Carolina Beach NC Boring No B-3 Drilled April 16 2007 Projects! 6550-06-0352 001 �� 1�g�1 Page 2 of 2 4 `c p l II to) SOIL CLASSIFICATION AND REMARKS SFLkL}'SYMBOL 5111 CI FOR \PI ANA710N Of S) M3O1 S AND ABBRPVIATIONS BLl OW L r 0 C N D 1 F V (ft) SAMPLES P10°./) NMe(%) LLB^^) Ina D N r l V p,e N couNl or Ree%WRQD% �^ — z o zo 30 • •SPI(hpo an I IN[ ,0 S (%) 60 70 80 90 1 oose to medium dense moist to xel I fight to dart, brmwr fine to medium SAND (SP) SS I &11 8 5 SS> - 21? 5 SS 3 1-0-1 10 SS 4 5 7 11 10 13 SS > X 5 16 21 1> 20 SS 6 2 3-4 20 21 SS 7 13 17 19 23 Dense to loose most to wel grecrosh gm) sdp Bne to coirse SAND (SM) with shell fragments 30 SS 8 8-6 7 30 35 SS X 534 3> 40 SS 10 2 2 > 40 Medium stiff to hard moist, greenish grs) fine sand) 91I T (ML) wth cemcnlcd Tones 45 SS 11 1-1 8 4> 50 SS 12 X 8-18 41 to 35 <n SS 13 11 13 16 455 Bormg terminated at >5 feet DRII L L R Carolina Drilling I QUIPMI NU 4> D mamml hammer MFl I IOD Mud romp BOLI DIA 5 RI MARLS Groundaarerat, feet six da\a after drilling 1111S RECORD IS A REASONABLI, IN I ERPRE I Al ION 01 SUBSURI ACL CONDITIONS AI TI rE LXPLORATION I OCATION SUBSURFACE CONDITIONS At OrUI R I OCATIONS AND AT OTEIER TIMI S MAY Dlr FLR IN I LRFACFS BFWLFN STRA I A ARI APPROXIMATI I ItANSI110NS BFTWI I N S IRA I A MAY Br GRADUAL V IU IV AI 4U >V UU IU 6V %J IUU II SOIL TEST BORING RECORD II PI ofect Mal Ina East Carolina Beach NC Boring No B-4 DI "led Apt 11 10, 2007 Project # 6550-06-0352 Ol Page 1 of 1 II SOIL CLASSIFICATION L r_ SAMPLES rl (i) NMI%) IL0(A) h AND REMARKS c f U T N C0UNi a— A FINrz(°o) H r l> l Rm^,dRQDso SI i Krl S\ MBOI SIIrf 1 FOR fXP1 ANATION OI N N I . V ` • SPI (bpf) (R) SYMBOI S AND ABBRI VIAL IONS BF1 OW D (fl) T r . n 7 _ A .� a 10 20 30 40 >0 60 70 80 90 100 Locxc to mcdmm dense most to wet Ilght to dad broom Fine to mcdmm SAND (SP) SS I 3 3 3 SS 112 Tram enemies at 6 to 7 > feet SSl 122 10 SS4 147 10 IS SS> >>6 I> X Dense to loose moist grecrosh gm) silo fine to coarse 20 SAND ISM) with fine gravel and shell fragments SS 6 6 9 12 20 2> SS 7 X 10 14 19 25 30 SS 8 14 13 12 30 3> SS 9 >-i 2 3> 40 SS 10 X 6 7 8 140 Dense mmst, dark bro+nt)o black fine to coarse SAND (SW) 45 girth shell fragments SS II 71417 43 X Hard mom greenish gin) sands S❑ I (MI ) i0 SS 12 19 35 39 >0 » SS 13 X 9 14 22 Boring terminated at»feel v 60 DRH I I R Carolina Drilling FQUIPMENI 4> D manual hammer MI I HOD Mud rotary BOLE DIA S REMARKS Groudscetet estimated at 3 > feet based on sample observation I Ills Rl CORD IS A RLASON ABLE INTERPIu IAIION 01 SUI3SURIACLCONDIr1oN$ATTILEr_XPIORATION I OCA11ON SUBSURI ACr CON DI I IONS Al OI UI R I OCA I IONS AND Al O rI lf-R TIMCS MAY DII If R IN 1 LRf ACl S 131 WCEN $1 RATA ARr APPROXIMA fL I RANSI I IONS BI FWl TN STRATA MAY Bl GRADUAI v w m , � no ov ,v av ro iw SOIL TEST BORING RECORD Project Mauna East Calollna Beach NC Boring No B-5 Drilled Apt 1116, 2007 Project # 6550-06-0352 01 Page 1 of 1 �yy/y¢ .l � 1' l 1VTE V \oW AT�9QG Y COL r O� September 24, 2007 Mr Larry Denning Marina East, LLC 1206 Chestnut Drive Smithfield, NC 27577 Subject Request for Additional Information Stormwater Project No SW8 070817 Marina East New Hanover County Dear Mr Denning Michael F Laslev Goscmor William G Ross Jr Sccrttap North Carolina Department of Environment and Natural Resources Colcen H Sullins Director Disaton of Water Qualn} The Wilmington Regional Office received a Stormwater Management Permit Application for Marina East on August 16, 2007 A preliminary review of that information has determined that the following information is needed to continue the stormwater review The impervious area listed in Table 1 is inconsistent with the areas presented in the calculations and in the narrative 2 Please verify the size of the sand filter outlet pipe on the plans The size of this pipe is different than reported on the supplement and does not meet the 1999 BMP requirements 3 Demonstrate how the two stormwater pipelines will be joined to form a single point of entry into the sand filter 4 Verify the invert elevations associated with the sand filter a On Drawing No 5, the inverts of the pipes entering the sand filter are over foot above the sand filter inlet invert elevation of 3 4 ft as identified on Drawing No 6A b The invert elevation for the catch basin connecting the sand filter to the Carolina Beach stormwater system is shown to be 6 0 feet on Drawing No 5 According to Drawing No 6A, the sand filter inlet invert elevation is 3 4 ft and the outlet invert elevation is 1 4 ft Please demonstrate how the water will be able to exit the system 5 Provide a second set of copies of the updated versions of Drawing No 5 and 6A 6 Please submit a $1,000 fee for the additional review required for this application Please note that this request for additional information is in response to a preliminary review The requested information should be received by this Office prior to October 3, 2007, or the application will be returned as incomplete The return of a project will necessitate resubmittal of all required items, including the application fee ori, Na hCarolma �l aturally North Carolina Division of Water Quala) 127 Cardinal Dme Extension Wilmington NC 28405 Phone (910) 796 7215 Customer Serve Wilmington Regional Office Internet ewes nueaLLIquahl� orb Fax (910) 350 2004 1 877 623 6748 An Equal OpportumtylAff rmatrve Action Employer— 50% Recycled110 % Past Consumer Paper Larry Denning September 24, 2007 Stormwater Application No SW8 070817 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 If you have any questions concerning this matter please feel free to call me at (910) 796-7323 or e- mail me at chnstine nelson@ncmail net Sincerely, i,— Christine Nelson Environmental Engineer ENB/can S\WQS\STORMWATER\ADDINFO\2007\070817 sep07-2 cc Walker Jones, Mactec Engineering & Consulting, Inc Christine Nelson [Wilmington-Regional-0 T!9 iImmgton-Regional-Office Page 2 of 2 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F Easley, Governor William G Ross Jr , Secretary FAX COVER SHEET Date 9/27/07 To. Walker Jones CO Mactec Eng & Con FAX #- 910-791-1338 No Of Pages (excluding cover) 2 From Minam Hughes CO Express Permitting FAX# 910-350-2004 REMARKS Manna East — Additional Information Request 127 Cardinal Drive Extension Wilmington, N C 28405 3845 Telephone (910) 796 7215 Fax (910) 350 2004 An Equal Opportunity Affirmative Action Employer KC�;KKCK;�KM�KCY��K�Kn�x���KCIK�KC�K;�K�KCKC�KX;M��IK�KCKCIK���KC��x��K���K;>R�IK;KX� TRANSACTION REPORT X; FOR' NCDENR 9103502004 P O1 SEP-27-2007 THU 08'28 AM X; SEND t DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP SEP-27 08 27 AM 97911338 31" 3 FAX TX ' OK 718 TOTAL AGES 3 State of h Carolina Depalent of Environment and Natural Wr�ngton RegionalOffice pe Resources Michael F Easley, Governor William G Ross jr, Secretary FAX COVER SHEET Date: 9/27/07 TO: Walker Jones No Of Pages. (excluding cover) 2 CO. Mactec Eng. & Con From Miriam Hughes FAX #: 910-791-1338 CO. ExPress Permitting FA7(#. 910-350-2004 REMARKS. Marina East— aeia:.:-- - 127 Catdmal Dttve EM _I-n wjjnMngtDn N C 28405 3845 Telephone (910) 796 7215174X (910) 350 2004 An Aqual oppo,tumry AfBtmanve Action Employer =�VMACTEC LETTER OF TRANTSN =AL I From MACTEC Engmem-ing ProleetI3ob Nc- 6550-06-035 To CD �z { and Consultor- Inc Date o 0Oleand r Drive ProtectNG DGc) aSurte 110 VJilororgton, NC 28403 W,c.n'1 /Z�G 0��±::�571 Phone. (910) 452-1185 Description Fax (910) 791-1338 OAI Alta Attu �t%42Kf/L VeWE .SfiNF /1/tc .t/ THESE ARE TRANSMITTED AS CHECKED BEL.OR' ❑ For Approval El Approved as Submmed ❑ Submm Copies for Approval ❑ For Your Use ❑ Approved as Noted ❑ Submrt Copies for Distribution 0 As Requested ❑ Returned for Corre tons ❑ Amon Corrected Prints 0 For Renew and Comment ❑ Prints Returned After Loan to us Copies To f c- Otner ❑ For Bids Due IF ENCLOSURES RECEIr,rLD APE NOT AS LISTED ABOTT, PLEASE NO= US AT ONCE F CT-cr77 4:P 1 3 2007 # A/) MACTEC engineering and constructing a better tomorrow September 13, 2007 Ms Christine Nelson North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Extension Dr Wilmington, North Carolina 28405 Subject Request for Additional Information Stormwater Project No SW8 070817 Marina East Project New Hanover County Dear Ms Nelson SEP 1 3 2007 On behalf of Marina East, LLC, MACTEC Engineering and Consulting, Inc (MACTEC) has reviewed your letter dated September 4, 2007 requesting additional information for the Stormwater Management Permit Application for Marina East submitted August 16, 2007 The following sections provide a response to your requests 1 The Receiving Stream for this site is the Carolina Beach Yacht Basin This has been corrected on Table 1 2 The reference to impervious areas has been corrected in Table 1 and is now consistent 3 The Conditional Use Permit did state that 1 5" of runoff will be treated through the sand filter This number was a typographical error and should have stated that 1" of runoff will be treated 4 The top elevation of the bulkhead will be 6 3' This elevation is shown on Drawing 5 5 A recorded access/drainage easement for the sand filter has not been performed yet The sand filter will be located in a common area of the parking lot for public access This has been noted on Drawing 5 6 A legend has been added to Drawing 5 7 Location markers have been added to the spot elevations on Drawing 5 8 A 7' contour has been added to Drawing 5 9 The sand filter plan view on Drawing 6A has been revised to show the proper inlet and outlet pipe locations on the design, which corresponds to Drawing 5 J10 Elevations for the top and bottom of the sand filter, weir and filter media have been added to the plan view of the sand filter on Drawing 6A MACTEC Engineering and Consulting, Inc 5710 Oleander Drive Suite 110 Wilmington North Carolina 28403 (910) 452 118� p (910) 791 1338 f Marina East— Stormwater Application No S978070817 Request for Additional Information September 13 2007 Page 2 of 2 11 The depth to groundwater ranges from 3 5 to 6 feet below ground surface at the site Using a safety factor of more than 2, we used a depth to water of 1 5 feet below grade to calculate the buoyancy of the proposed sand filter Our buoyancy analysis calculations are included in Appendix C Based on the calculations, the design of the sand filter system has been modified to eliminate the potential of floatation The design modification for anti -floatation is shown on Drawing 6A 12 Drawing No El from the Conditional Use Permit has been renumbered as Drawing 7 Two copies of this drawing are included in the attached application 13 Drawing No D1 and D2 from the Conditional Use Permit have been renumbered as Drawing 8A and 8B Two copies of this drawing are included in the attached application 14 The additional fee for the additional review is included with this submittal A Sedimentation Erosion and Control Plan will be obtained prior to the construction of impervious surfaces for this project Please let us know if you have any additional questions or comments Sincerely, MACTEC Engineering and Consulting, Inc B Walker Jones Gerald L Cross, Sr, P E Project Manager/Principal Senior Engineer/ Project Manager ���pu�nNlh4 5 Z { tit �4 O CRO '0111 ! ��a�a0%400 � —1 September 4, 2007 Mr Larry Denning Marina East, LLC 1206 Chestnut Drive Smithfield, NC 27577 Subject Request for Additional Stormwater Project No Marina East New Hanover County Dear Mr Denning Information SW8 070817 Michael F Fasley Governor William G Ross Jr Secretary North Carolina Department of Fm nonmenl and Natural Resources Coleen H Sullins Director Din lion of Water Quality The Wilmington Regional Office received a Stormwater Management Permit Application for Marina East on August 16, 2007 A preliminary review of that information has determined that the following information is needed to continue the stormwater review Please correct the stream listed in Table 1 Carolina Beach Marina is not listed in the North Carolina Waterbodies Reports for the Cape Fear River Basin The impervious areas listed in Table 1 are inconsistent Please correct or explain why they are different 3 Please explain why Item 13 on the Conditional Use Permit says that 1 5" of runoff will be treated through the sand filter but the calculations indicate that the sand filter will only treat 1" of runoff 4 Please identify the top elevation of the bulkhead 5 Locate the sand filter in an identified and recorded access/drainage easement or common area 6 Please include a legend for Drawing No 5 identifying the symbols used for the stormwater collection system i, 7 Add location markers to the spot elevations on Drawing No 5 8 Please verify the proposed contours Along the north and south sides of the buildings there is no 7' contour marked between the 8' and 6' contour 9 The sand filter plan view and sections need to be representative of the final construction For instance, the plan view of the filter on Drawing No 6A does not correspond with the location of the pipe inlets proposed on Drawing No 5 10 Include elevations on the sand filter plan view and sections for features such as the top and bottom of the sand filter, weir, and filter media Detail the size of the pipe inlet and outlet as well as the invert elevations o, hCaiohna atura!/jl North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington NC 28405 Phone (910) 796 7215 Customer Sen ice Wilmin6ton Regional Office Intemet xm. nc"Iterauahn or Fax (910) 350 2004 1 877 623 6748 An Equal Opportunity/Affnnauve Action Employer — 50% Recycled/10% Post Consurner Paper Larry Denning September 4, 2007 Stormwater Application No SW8 070817 11 Please provide the SHWT at the location of the sand filter If the sand filter is located in the SHWT, please provide anti -floatation calculations 12 Please provide 2 copies of a plan detailing the existing conditions on site similar to Drawing No E1 submitted with the Conditional Use Permit 13 Please provide 2 copies of site details similar to Drawing No D1 and D2 submitted with the Conditional Use Permit 14 Please submit a $1,000 fee for the additional review required for this application Please note that this request for additional information is in response to a preliminary review The requested information should be received by this Office prior to September 14, 2007, or the application will be returned as incomplete The return of a project will necessitate resubmittal of all required items, including the application fee 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 If you have any questions concerning this matter please feel free to call me at (910) 796-7215 Sincerely, Christine Nelson Environmental Engineer ENB/can S\WQS\STORMWATER\ADDINFO\2007\070817 sep07 cc Walker Jones, Mactec Engineering & Consulting, Inc ,Christine-Nelson Off—ice Page 2 of 2 State Stormwater Permit Application Tracking Cover Sheet Project Nttme Project Category Project Type App Accept Date Application Fee Amt Fee Check Number Wilmington Regional Office MARINA EAST NEW HD - OTHER 8/16/2007 s 4OOO Reviewer Name NELSON, CHRISTINE Record the following information from BIMS after project has been entered' Permit Number (BIMS) 5w 8070 S L 7 Please update the SW Access System by entering the Permit Number for the project' Date Entered to Access elf :z lor Enterer! to Access By MIRIAM RVCnH S Date Printed 811712007 9 44 58 AM C200714400612 50019 04/10/2007 12 14 AM LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY Marina East, LLC STATE OF INCORPORATION NC SECRETARY OF STATE L L C ID NUMBER 0801410 NATURE OF BUSINESS Development REGISTEREDAGENT Larry Denning SOSID 0801410 Date Filed 5/24/2007 10 56 00 AM Elaine F Marshall North Carolina Secretary of State C200714400612 FEDERAL EMPLOYER ID NUMBER 20-3428076 REGISTERED OFFICE MAILING ADDRESS 1206 Chestnut Drive Smithfield NC 27577 REGISTERED OFFICE STREET ADDRESS 1206 Chestnut Drive Smithfield NC 27577 New Hanover SIGNATURE OF THE NEW REGISTERED AGENT SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT PRINCIPAL OFFICE TELEPHONE NUMBER 910-762-4055 PRINCIPAL OFFICE MAILING ADDRESS 3811 Peachtree Avenue Suite 200 Wilmington NC 28403 PRINCIPAL OFFICE STREET ADDRESS 3811 Peachtree Avenue Suite 200 Wilmington NC 28403 MANAG ERSIMEMBERSIORGAN IZERS Name Larry Denning Address 1206 Chestnut Drive Title Member/Manager City Smithfield state NC zip 27577 Name Address Title City State Zip Name Address Title City State Zip CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES �C(A,(1� 411-1(6-7 FORM A BE SIGN"EDP BY A MANAGERIMEIER DATE 1 can v.o'Ix Vv ee C1��.��r Member/Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE $200 MAIL TO Secretary of State 0 Corporations Division 0 Post Office Box 29525 0 Raleigh NC 27626 0525 nOPERATING AGREEMENT OF HDI HOLDINGS, LLC THIS OPERATING AGREEMENT (this Agreement") of HDI HOLDINGS I I C (the Company') a Limited liabihtyCom anyorgamredpursuant toNorth Carolina Limited Liability Company Act is executed effective, as of the day of Junc 2006 by and among the. Company and ,ht, ptrsons ext.cuung this Agreement as the initial Members (as defined below) ARTICLF 1 - DFFINITIONS 1 I Definitions The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein) (a) ' ALI' means the North Carolina I imned Liability Company Act as the same may be amended from timL to time (b) Adjusted Capital Account" means with respect to a Member thL balance in such Member's Capital Account at the end of the relevant fiscal year as determined in accordance with Treasury regulation Section 1 704 1(b)(2)(iv) (c) 'AruclesofOreantaauon' means the Articles ofOrganization ofthe Company filed with the Secretary of State as amended or restated from time to time 11�L (d) "Capital Account" means for each Member the account established pursuant to hr Section 8 2 hereof and maintained in accordance with the provisions of this Agreement (e) "Capital Contribution' means any ccntnbutiontothe capital ofthe Compan)mcash or property by a Member whenever made and "Capital Unit' shall represent the unit value assigned to Lach capital contribution which shall be one unit for Lach S500 00 contribution (1) 'Code' means the Internal RevenuL Code of 1986 as amended from time to tune (and any corresponding provisions of succeeding law) (g) ' Distributable Cash" means with respect to the Company for a period of time all funds of the Company on hand or in bank accounts of the Company as in the discretion of the Managers is available for distribution to the Members after provision has been made for (i) payment of all operating expenses of the Company as of such time (it) provision for payment of all outstanding and unpaid current obligations of the Company as of such time and (w) provision for such reserves as the Managers deem nLi.essary or appropriate for Company operations (h) Fiscal Year' means the Lalendar year, provided that the first Fiscal Year of the Company shall commence on June 7 2006, and eontinuL through December 31 2006 (1) "Income means, for eaOFiscaIYear orother period each item of income and gain as &1crmmLd recognized and classified for federal income tax purposes provided that any income or gam that is exempt from federal income tax shall he included as if it were an item of taxable income W "Initial Capital Contribution' means the initial contribution to the capital of the Company made by a Member pursuant to Set.tion 9 l(a) of this Agreement i (k) "Loss" means for each Fiscal Year or other period each item of loss or dt,ducnon 4r as determined recognized and classified for federal income tax purposes increased by (i) expenditures described in Section 705(a)(2)(©) of the Code (u) expenditures contemplated by Section 709 of the Coda (except for amounts with respect to which an elmtion is property made under Section 709(b) of the Code) and (in) expenditures resulting in a deduction for a loss incurred in connection with the sale or txchange of Company property that is disallowed to the Company under Section 267(a)(1) or Section 707(h) (1) ' M a jorny" means with respect to any referenced group of Managers acomhination of any of such Managers constituting more than fifty percent (50%) of the number of Managers of such referenced group who are then elected and qualified (m) 'Mautrily of Interest" means with resptu to any referenced group of Members a combination of any of such Members who in the aggregate own more than fifty percent (50%) of the Membership Interests owned by all of such referenced group of Members (n) Manager" means eai,h entity designated as a Manager on Schedule 11 hereto or any other Person that succeeds such Manager in his capacity as Manager or any other Persons who are elected to act as Managers of the Company as provided herein Managers refers to such Persons as a group (o) Member" means each entity designated as a Member of the Company on Schedule I hereto or any additional Member admitted as a Member of the Company in accordance with ARTICLF X Members" refers to such Persons as a group r^, (p) 'Membershio Interest means all of a Member's rights inthe Company including \ J �W without limitation the Member's share of the profits and losses of the Company the rights to recuve distributions of the Company s assets any right to vote and any right to participate in the management of the Company as provided in the Act and this Agreement As to any Member, Membership Interest shall mean the percentage set forth opposite such Member's name on Schedule I hereto (q) "Net Income" and "Net Loss" means for each Fiscal Year or other relevant period (i) the excess of the income for such period over the Loss for such period, or (ti) the excess of the I oss for such period over the Income for such period, respectively provided however that Net Income and Net I oss for a fiscal Year or other relevant period shall be computed by excluding from such computation any Income specially allocated under Section 9 1 (r) 'Person 'means anindnidual atrust anestate ore domestic corporation aforeign corporation a prottssional corporation, a partnership a Inmted partnership a limited liability unnpany a foreign hmntd liability company an unincorporated association or another entity (s) ' Secretary of State" means the Secretary of State of North Carolina (t) "treasury Reputation ' means the Income Tax Regulations and Temporary Regulations promulgated under the Code as such regulations may be amended from time to time (including corresponding provisions of suceteding regulations) 0 �W -2- f�1 ARTICLE 11 - FORMA r10N OF THE COMPANY 2 1 Formation The Company was formed on June 7, 2006 upon the filing with the Secretary of Slate of the Articles of Organization of the Company Inconsideration of the mutual promises, covenants and agreements contained herein and other good and valuable consideration the rec,ipt and sufficiency of which is hereby acknowledged the parties hereto agree that the rights and obligations of the parties and the administration and termination of the Company shall be governed by this Agreement the Articles of Organization and the Act 22 Name The business and affairs Of the Company shall be conducted under the name HDI HOLDINGS, I LC 7 he name of the( ompany maybe changed from time to time by amendment of the Articles of Organization The Company may transact husmes% under an assumed name by filing an assumed name certificate in the manner prescribed by applicable law 2 3 Registered Office and Registered Agent rhL Company s registered office shall bL 4714 College Acres Drive Wilmington New Hanover County, North Carolina 28403 and the name of its initial registered agent at such address shall be Robert W Huth 24 Principal Place of Business IhLpnnupalplace ofbusiness ofthe Company within the State of North Carolina shall be 4714 College Acres Drive Wilmington, New Hanover County North Carolina 28403 The Company may locale its place(s) of business and registered office at any other place or places as the Managers may from time to time deem necessary or advisable 25 Term there will be no limit to the duration of the Limited Liability Company as specifiiedin the Company',;ArticlesofOrganization unless the Company is earlier dissolved and its affairs wound up in accordance with the provisions of this Agreement or the Act 2 6 Purposes and Powers (a) The Company may engage in any lawful business for which limited liability companies may be organized under the Act unless a more limited purpose is stated in the Articles of Organization (b) The Company shall have any and all powers which are necessary or desirable to Larry out the purposes and business of the Company to the extent the same may be legally ,xLrctsed by limited liability companies under the Act The Company shall carry out the foregoing activities punuam to the arrangements set forth in the Articles of Organization and this Agreement 27 Nature of Members' Interests The mlerestsof the Members in the Company shall he personal property for all purposes Legal till, to all Company assets shall be held in the name of the Company Neither any Member nor a successor representative or assign of such Member shall have any right tille or interest in or to any Company property or the right to partition any real property owned by the Company Interests may be evidenced by a certificate of membership interest issued by the Company in ,itch form as the Managers may determine ARTICLF III - RIGHT AND DUTIES OF MANAGERS 3 1 Management The busm,SS and af_`sirs of the Company shall he managed by the Manager In addition to the powers and authorities expressly conferred by this Agreement upon the Manager the Manager shall have full and complete authority power and discretion to manage and control the busmcss of the Company including but not limited to operating company property leasing the same J upon such conditions and terms as the managers deem appropriate to make all decisions regarding those -3- mauLrs and to perform any and all other acts or activities customary to or incidental to the management of the Company's business, except only as to those acts and things as to which approval by the Membcrs is %1 expressly required by the Articles ofOrgamTations this Agreement the Actor other applicable law At any W time when there is more than one Manager (if any one Manager may take any action permitiLd to be taken by the Managers unless the approval of more than one of the Manager is expressly required pursuant to this agreement or the Act and (u) the Manager may elect one or more officers who may but need not be Members or Manager of the Company withsuchtitles dunce and compensation as maybe designated by the Manager subject to applicable restrictions specifically provided in this Agreement or contained in the Act 32 Number and Qualifications There shall initially he two (2) Managers of the Company who may be a Member who executed and tiled the ArticILSofOrgam7ationOfthLCompany The names and consent of the Manager to serve as Such shall be evidenced by his execution of this Agrcemetn or on Schedule II attached hereto and made a part hereof as amended upon any change of Manger The number of Manager, of the Company may be fixed from time to time b) the atfirinative vote. of a Majority in Interest of all of the Members but in no instance shall any decrease in the number of Managers have the effect of shortening the term of any incumbent Manager Managers need not be residents of IN, State of North Carolina or Membcrs of the Company 3.3 Election and rerm of Office Managers shall be elected at the annual meeting of the Members (except as provided in Sections 3 5 and 3 6) Each Manager shall hold office until the Manager Ssuccessor shall have been elected and quahfted or until thcdeath ordissolution ofsuch Manager or until his or its resignation or removal from office in the manner provided in this Agreement or in rite Act 14 Resignation Any Manager of the Company may resign at any time by giving written nonce to all of the Members of the Company The resignation of any Manager shall take effect upon J L receipt of notice thereof or at such later time as shall be specified in such notice and unless otherwise t � iiiiir specified therein the acceptance of such resignation shall not be necessary to make it effective The resignation of either or both of the two persons signing the original Articles of Organization will not dissolve the I LC 35 Removal At any special meetingofthe Members called expressly for that purpose, all or any lesser number of Managers maybe removed at anytime either with or without cause by the affirmative vote of a Majority in Interest of all the Members then entitled to vote at any election of Managers in case any vacancy so created shall not be filled by the Members at such meeting such sacancy may be filled by the Managers as provided in Section 3 6 36 Vacanciu Any vacancy occurring for any reason in the Managers oft4Company may be filled by the affirmative vote of a Majority of Managers except for a vacancy occurring in the Managers by reason of an increase in the number of Managers which shall be filled by an affirmative vote of a Majority in Interest of all the Members at an annual meeting of Members or at a special meeting of Members called for that purpose 37 Inspection of Books and Records Any Manager shall have the right to examine all books and records of the Company for a purpose reasonably related to such Managers position as a Manager 38 Compensation The compensation of the Managers of the Company shall he fixed from time to time by an affirmative vote of a Majority of Interest of the Members or by contract approved by an affirmative vote of a Majority in Interest of the members and no Manager shall be prevented from receiving such salary by reason of the fact that he is also a Member of the Company -4- 39 Committees of the Managers The Managers by resolution may designate from %W among the Managers one or more committees each of which shall be comprised of one or more of the, Managers and may designate one or more of die Managers as alternate members of any committee who may subject to any limitations imposed by the Managers replace absent or disqualified Managers at any meeting at this committee Any such committee to the extent provided in such resolution or in this Agreement shall have and may exercise all of the authority of the Managers subject to any restrictions contained in this Agreement or Act 3 10 Call of Funds The Members recognire that the income produced may he insufficient to pay all costs If to the judgment of all Members additional funds are required to pay such costs the additional funds shall be Balled for by the Manager in proportion to each Member s owm,rship percentage As used above the term "costs shall include, without limitation principal and interest payments on Company loans costs of repair maintenance and improvements insurance premiums taxes utilities and any other normal cost of doing business With regards to this provision an automatic call for funds will be allowed by the Manager of the Company if working capital funds fall below S 10 000 (defined as cash in hank less all current obligations due w ithm thirty days) ARTICLE IV - MEF1ING OF MANAGLRS 4 1 Place of Meeting The Managers of the Company may hold their meetings both regular and special at any place within or without the State of North Carolina 42 Notice of Meeting The first meeting of newly elected Managers shall be held Immediately following the adjournment of the annual meeting of the Members The Managers may otherwise meet at such intervals and at such time and place as they shall schedule Special meetings of the `. Managers may be called at any time by no less than one third of the then serving Managers for any purpose or purposes Notice of such special meetings, unless waived by attendance or by written consent to the holdings of the special meeting shall be given at least five (5) days before the date of such meeting to all Managers not calling the meeting Notice of such special meeting shall state that it shall be held at the principal place of business of the Company the date and hour of the special meeting and its purpose or purposes Absent the written consent of a Majority of the Managers to take other action the business transacted at such special meeting shall be limited to such purpose or purposes as stated in the. notice 43 Action by Managers, Quorum, Voting, Action Without Meeting (a) A Majority of the Managers shall be necessary to constitute a quorum for the transaction of business Fvery act or decision done or made by a Majority of the Managers present at a mWing duly held at which a quorum is present shall be regarded as the act of the Company unless a greater number is required by law or by the Articles of Organization (b) Managers may participate tit any mcetmg of the Managers by means of conference telephone or similar communications equipment provided ail persons participating in the meeting can hear one another and such participation in a meeting shall constitute presence in person at the meeting (c) All votes required of Managers hereunder may be by vmet, vote unless a written ballot is requested which request may be made by any one Manager (d) Any action which under any provision of the Act or this Agreement is to be taken C)�kiw -5- ` at a meeting of the Managers maybe taken without a meeting by wrntcn consent signed by all Managers who would be entitled to Note upon such action at a meeting Such written consent must be kept with the records of the Company 4 4 Adjournment A Majority of the Managers present may adjourn any Managed meeting to meet again at a stated day and hour or until the lime fixed for the next regular meeting of the Managers ARTICLE V - MEMBERS 51 Names and Addresses of Members the names addresses and Membership interests of the Members are as reflected in Schedule I attached hereto and made a pan hereof which Schedule shall be amended by the Company as of the effectiveness of any transfer or subsequent issuance of anv Membership Interest 5 2 Admission of Members (a) In the case of a Person acquiring a Membership Interest directly from the Company the Parson shall become a Member with respect to such Membership Interest upon compliance with the requirements of ARTICLF X and making the Capital Contribution specified in Section A 1 (b) An assignee of a Membership Interest shall become a Member on eomphance with requirements of AR riCLF X (c) Any Person may become a Membcrunless such Peson lacks legal eapacily or is otherwise prohibited from being admitted by applicable law ARTICLE VI - MEE I INCS OF MEMBERS 6 1 Annual Meetings of Members An annual meeting of the Members will be held at such time and date at the principal office of the Company or at such other place within or w nhout the State of North Carolina as shall he designated by the Managers from time to time and staled in the notice of the meeting I he purpose of the annual meeting need not be enumerated in the notice of such meeting 62 Special Meetings of Members Special meetings of the Members may he called by the Managers or by the holders of not less than ten pecent (10%) of all the Membership Interests flusmess transacted at all special meetings shall be confined to the purpose or purposes stated in the notice 63 Notice of Meetings of Members W rdten nonce stating the place day and hour tit the meeting and additionally in the case ofspecial meetings stating the principal place of business of (he C ompany as the location and the purpose or purposes for which the meeting is called, shall be delivered not less than three (3) nor mom than sixty (60) days before the date of the meeting to each Member of record entitled to vote at such meeting 64 Record Date For the purpose of determining members entitled to notice of or to NOle atany mcetingofMembers orany adjournment thereot or Members entitled torecuvepaymentotany distribution or to make a determination of Members for any other purpose the date on which notice of the meeting is mailed or the date on which such distribution is declared as the case maybe shall be the record 0'11iiW -6- E date for such determination of Members When a determination of Members entitled to vote at any meeting of Memht.rs had been made as provided in this Section such determination shall apply to any adjournment thereof 6 5 Quorum A Majority in Interest of the Members shall constitute a quorum at all meetmgsoftheMembers except as otherwise provided bylaw or thisAgrecment Once a quorum is present at the meeting of the members the subsequent withdrawal from tht meeting of any Member prior to adjournment or the refusal of any Member to vote shall not affect the presence of a quorum at the meeting It however such quorum shall not be present at the opening of any meeting of the Members the members entitled in vote at such meeting shalt have the power to adjourn the meeting from time to time without notice other than announcement at the meeting unit the holders of the requisite amount of Membership Interests shall he present or represented 66 Actions by Member Other than for Flection of Managers Except for a matter for which the affirmative vote of the holders of a greater portion of the Membership Interests entitled to vote is required by law the Articles of Organization or this Agreement the act of Members shall be the affirmative vote of a Majority in Interest of all the Mcmhers represented and voting at the meeting All actions of the Members provided for herein may be taken by written consent without a meeting Any such action which may be taken by the Members without a meeting shall be effective only if the consents are in writing set forth the action so taken and are signed by all Members eligible to vote on such action Members may participate in any meeting of the Members by means of a conference telephone or similar communications equipment provided all persons participating in the mectingcan hear one another andsuch participation of a meeting shall constitute presence in person at the meeting 67 Action by Members to Llect Managers For purposes of voting on the election of Managers Managers shall be elected at any meeting of the Members at which a quorum is present, by a plurality of the Membership Interests represented and voting at the meeting 68 Lest of Members Entitled to Vote The Managers shall make at least three (3) days before each meeting of Members a complete list of the Members entitled to vote at such meeting or any adjournment of such meeting arranged in alphabetical order with the address of and the Membership Interests held by each which list for a period of three (3) days prior to such meeting shall be kept on (ilt at the registered otficeof the C ompanyand shall be subject to inspection by any Member at any timeduring usual busmLSS ours Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to inspection by any Member during the continuance of the meeting Ilowcvcr tadure to comply with the requirements of this Seuion shall not affect the validity of any action taken at such meeting 69 Registered Members I he Company shall be entitled to treat the holder of record of any Membership Interest as the holder in fact of such Membership Interest for all purposes, and accordingiv shall not he hound to recogmie any equitable or other claim to or interest in such Membership Interest on the part of any other person whither or not it shall have express or other notice of such claim or interest except as expressly provided by this Agreement or the laws of North Carolina 610 Consent to Operations rxcepi for those actions previously allocated to the Managers in Article III or elsewhere in this Agreement all other actions shall require majority approval of the Munbers provided, however the Members expressly authorize the Managers with consent of the Members holding a majority in interest to ` (a) Execute on behalf of the Company any contract of sale dead, deed of trust mortgage note security agreement or other conveyance debt or security instrument (b) Assign transfer pledge compromise or release any of the claims of or debts due the Company (c) Change the business office registered office or registered agent of tho Company (d) Make or revoke any election available to the Company under the Code ARTICLF VII - 1 IMITA► ION OF LiADILI rY AND INDEMNIFICATION OF MANAGERS AND MEMBERS 7 1 Limitation of 1 iability No Manager or Member of the Company shall be liable to the Company or its Members for monetary damages for an act or omission in such person s capacity as a Manager or Member except as provide in the Act for (i) acts or omissions which a Manager knew at the time of the acts or omissions were dearly in conflict with the interests of till. Company (u) any transaction from which a Manager derived an improper personal benefit or (m) acts or omissions occurring prior to the dale this provision becomes effective If the Act is amended to authon7e action further eliminating or limning the liability of Managers and Members then the liahihty of a Manager or Member of the Company shall be eliminated or limited to the fullest extent permitted by the Act as so amended Any repeal or modiication of this section shall not adversely affect the right or protection of a Manager or Member existing at the time of such repeal or niodifml.ation O�w 72 Indemnification The Company shall mdemmlythe Managers and Members tothe fullest extent permitted or required by the Act as amended from time to time including costs of defense including reasonable attorneys fees, and the Company may advance expenses incurred by the Manager or Member upon the approval of the Managers and the receipt by the Company of an undertaking by such Manager or Member to reimburse the Company unless it shall ultimately be determined that such Manager or Member is entitled to be indemnified by the Company against such expenses The Company may also indemnity its employees and other representatives or agents up to the fullest extent permuted undt.r the Act or other applicable law including vests of defense meludmg reasonable attorneys ices provided that the indemnification in each such situation is first approved by Members owning a Majority in Interest 73 Other Rights The mdemmficationprovided bythis Agreement shalI(i)bcdeemed exclusive of any other rights to which a person seeking indemnification may be entitled under any stuiute, agreement vote of Members or disinterested Managers or otherwise both as to action of official capacities and as to action in another capacity while holding such offic_ (u) continue as to a person oho ceases to be a Manager or Member (m) inure to the benefit of the estate heirs executors administrators or other successors of an mdemnitee and (iv) not be deemed to create any rights for the benefit of any other person nr entity 74 Report of Members the details concerning any action to limit the liability indemnify or advance expense to a Manager, Member or other taken by the Company shall be reported in writing to the Members with or before the notice or waiver of notice of the next Members meeting or with or before the next submission to Members of a consent to action without a meeting or it sooner separately within ninety (90) days immediately following the date of the action 0 �W ARTICLE Vlll - CONTRIBU71ONS TO CAPITAL AND CAP] I AL ACCOUNTS, kiw LOANS 8 1 Capital Contribution, Loans (a) Upon execution of this Agreement each Member agrees to contribute cash to the Company in the amount set forth as the Initial Capital Contribution of such Member on Schedule I attached hereto (b) If the Managers determine that the Initial Capital Contributions are insufficient to carry out the purposes of the Company the Managers may request that the Members make additional contribution%to the capital of the Company If Majority in Interest of the Members approve such request then each of the Members shall be obligated to make such additional contributions (each an "Additional Capital Contribution") totheCompany ratably in accordance with such Members then existing Membership Interest within the time ptnod approved by the Majority in Interest of the Members in the event any Members fails to fulfill any commitment to contribute additional Capital (the' Defaulting Member') the Managers may elect to allow the remaining Members (the "Lending Members' ) to contribute to tht Company pro rata by Membership Interest, such Additional Capital Contribution Any Member who makes a contribution to the Company pursuant to this Article for another Member shall have the option to (1) treat the contribution as additional capital ofthe Company or (it) treat the contribution as a loan to the defaulting Member which election shall be made in writing at the time the contribution is made If the contributing Member elects to treat his contribution as additional capital such funds shall be allocated toward the purchase of additional Capital ownership After such contributions are made, each Member percentage interest in the profits losses and cash flow of the Company shall be adjusted and determined by dividing the aggregate shares of all the Members in the Company into the aggregate shares of each Member The resulting quotient with respect to each Member shall be the adjusted percentage interest of such Member Such adjusted percentage interest of each Member shall supersede the percentage interest of such Member as set forth in Schedule I If the contributing Member elects to treat his contribution as a loan to the defaulting Member the amount advanced by the Member on behalf of the defaulting Member shall be a debt of the detaultint, Member to the contributing Member and shall bear interest at the rate of Central Carolina Bank prime rail plus two percent (2%) per annum l hereafter all distributions of cash from the Company due to the defaulting Member shall be paid to the Member (or pro rata to each Member) who elected to treat a contribution as a loan until such time as the pnneipal and interest of the loan are paid in full (c) No Member shall be paid interest on any Capital Contribution to the Company (d) In addition to the loans to the Defaulting Member provided for in Section 8 l(b) above upon approval of the terms thereof by the Managers any Member or Members may make a loan to the Company upon commercially reasonable terms If more than one Member desires to participate in making such loans the amount which the Company wishes to borrow shall be loaned by the Lending Members in amounts proportionate to their relative percentage of Membership Interest I owns by a Member or Members to the Company shall not be considered Capital Contributions 8 2 Capital Accounts (a) The Company shall maintain a separate capital account (each a 'Capital Actoanl ) for each Member pursuant to the principles of this Section 8 2 and Treasury Regulation Section 1 704- l(b)(2)(iv) The Initial Capital Account of each member shall be the Initial Capital Contribution of such liliw -9- Member Such Capital Account shall be increased bv(i)thcamount ofthe subscqucnt Capital Contributions %w of such member to the Company under Section 8 1 and (u such Member's allocable share of C ompany Income and Net Income pursuant to Section 9 1 Such Capital Account shall be decreased by (i) the amount of cash distributed to the Member by the Company pursuant to Section 9 2 and (it) such Members allocable share of I oss and Net Loss pursuant to Section 9 1 (b) The provisions of this Stetson 8 2 and other portions of this Agreement relating to the, proper maintenance of Capital Accounts are designed to comply with tht requirements of Treasury Regulation Section 1 704 1(b) The Members intend that such provisions be interpreted and applied in a manner consistent with such Treasury Regulations The Managers are authort7ed to modify the manner in which the Capital Accounts are maintained if the Managers determine that such modification (i) is required or prudent to comply with the Treasury Regulations and (if) is not likely to have a material effect on the amounts distributable to any Member upon the dissolution of the Company 83 Withdrawal or Reduction of Members' Contribution to Capital (a) No Member shall have the right to withdraw all or any part of its Capital Contribution or to receive any return on any portion of its Capital Contribution except as may be otherw ise specifically provided in this Agreement Under circumstances involving a return of any Capital Contribution no Member shall have the right to receive property other than cash (b) No member shall have priority over any other member either as to the return of Capital Contributions or as to Net Income, Net Losses or distributions pros ided that this subsection shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company lJ �, 84 Liability of Members No Member shall be liable for the debts liabilities or obligations of the Company beyond his or its respective Initial Capital Contribution and an) Additional Capital Contribution required of such member pursuant to Section 8 l(b) above Except as otherwise expressly pros ided herein no Member shall be required to contribute to the capital of, or to loan any funds to the Company \ / 11111., ARTICLE IX - ALLOCAI IONS, DIC 1 RIBU PIONS ELECTIONS AND RLPOR 1 S 9 1 Allocations Subject to the provtsos below for purposes of maintaining Capital Accounts and in determining the rights of the Members among themselves Net Income or Net Loss if any for a Fiscal Year or other period shall be allocated to the Members in proportion to their respective Mcmbtrship Interests afttr giving effect to all Capital Account adjustments attributable to contributions and distributions of cash and property made during such Fiscal Year provided however notwithstanding the prof isions of the preccdmg clause of this Section 9 1 in the event any Member unexpectedly receives any adjustments allocations or distributions described inTrcasury Regulation Sections 1 7041(b)(2)(u)(d)(4) 1740-1(b)(2)(u)(d)(S) or 1704-1(b)(2)(u)(d)(6) items of Income shall be specially allocated to such Member (consisting ofa prorata portion of each item ofCompany Income, including gross income forsuch year) in an amount and manner sufficient to eliminate such deficit, if any in such Member's Adjusted Capital Account as quickly as possible The foregoing proviso is intended to constitute a 'qualified income offset' within the meaning of Section 1 704 I(b)(2)(u)(d) of the Treasury Regulations and this proviso shall be interpreted consistently with such Treasury Regulations -10- L 10 92 Distributions The Managers shall distribute Distributable Cash and otherproperty at such tines and in such amounts as they may determine in then sole discretion All distributions of Distributable Cash or other property shall be made to the members in proportion to their rospet,tisc Membership Interests Except as provided inSccnon93 all distributions ofDistributabltCash andpmperiv shall be made at such time as determined by thi Managers 93 Limitation Upon Distributions No distribution shall be declared and paid it payment of such distribution would cause the Company to violate any limitation on distributions provided in tht. Act 94 Allocations for Tax Purposes Except as otherwise provided herein each item of Income Net Income or Net Loss of the Companv shall be allocated to the Members in the same manner as such allocations are made for book purposes pursuant to Section 9 1 In the event of a transfer of or other change in and interest in the Company during a riscal Year each item of taxable income and loss shall be prorated in accordance with Section 706 of the Code using any convention permitted by law and selected by the Managers 95 Tax Status, Elections and Modifications to Allocations (a) Notwithstanding any provision contained in this Agreement to the contrary solely for federal income tax purposes, each of the Members hereby recognizes that the Company will elect treatment as a corporation and once that is achieved elcUmn will be made to be treated as an S Corporation (b) The Managers in their sole discretion may cause the Company to elect pursuant to Section 754 of the Code and the Treasury Regulations to adjust the basis of the Company assets as �W provided by Ststion 743 or 734 of the Code and the Treasury Regulations thereunder I he Company shall make such elections for Federal income tax purposes as may be determined by Managers acting in their sole and absolute discretion (c) The Managers shall prepare and execute any amendments to this Agreement necessary for the Company to comply with the provisions of rreasury Regulations Sections 1 704-1(b) 1 704-I (t,) and 1 704 2 upon the happening of any of the following events (i) incurring any liability which constitutes a "nonrecoursa liability" as defined in rreasury Regulation Section 1 704-2(h)(3) or a parmn r nonrecourse debt" as defined in Treasury Regulations Section 1704-2(b)(4), (11) a constructive termination of the Company pursuant to Code Section 708(b)(1 )(t3) or (ui) the contribution or distribution of any property other than cash to or by the Companv 96 Tax Matters Partner ThL Managers shall designate a Member serving as a Manager or it there is none or if none are eligible to at,t any Member, as the tax matters partner' for federal otcomi. tax purposes The tax matters partner is authorised and required to represent the Companv in connection with all examinations of the Company's affairs by tax authorities including resulting administrative and judicial proceedings and to expend Company funds for professional senates and costs associated therewith The tax matters partner shall have the final decision making authority with respect to all Federal income tax matters involving the Company The Members agree to cooperate with the tax matters partner to conduct such proceedings Any direct out of pocket expense incurred by the tax matters partner in carrying out his obligations hereunder shall be allocated to and charged to the Company as an t,xpense of the Company for which the tax matters partner .,hall be reimbursed -11- as 0 97 Records and Reports At the expense of the Company the Managers shall `. maintain mcords and accounts of all operationslod LXpt.ndnurcs of the Company The, Company shall keep at its principal place of business the records required by thL Act to be maintained there 98 Books of Accounts (a) ThL Compan) shall maintain thL Company s books and records and shall dctermmL all items of Income Loss Net Income and Net I oss in accordance with the method of accounting selected by thL Managers Lonsistently appIlLd All of thL records and books of account of the Company in whatLvur form maintained shall at all times be maintained at the principal office of the Company and shall he open to the inspection and examination of the Members or their representatives during reasonable husiness hours Such right may be exercised through any agent or employee of a Member designated by it or by an atiomLy or independent certified public accountant designated by such Member Such Member shall bear all expenses incurred in any examination made on behalf of such Member (b) All expenses in connection with the keeping of the books and records of the Company and the preparation of audited or unaudited financial statements required to implement the provisions of this Agreement or otherwise needed for the conduct of the Company s business shall be born(, by the Company as an ordinary expense of its business 99 Company Tax Return and Annual Statement The Managers shall cause the Company to file a Federal income tax return (currently an 1120S as the Companywtll elect S Corporation status) and all other tax returns required to be filed by the Company for Lath Fiscal Year or part tharcot and shall provided to each person who at anytime during the Fiscal Year or part thereof and shall pros ide to each person who at anytime during the Fiscal Year was a Member with a K I from the Company indicating all relevant items for federal income tax purposes Such annual statement may be audited or unaudited as rLquired by the Managers 910 Bank Accounts ThLbank account oraccounts ofthe Company bhallbcmaintained in the hank approved by the Managers The terms governing such accounts shall be determmcd by thL Managers and withdrawals from such bank accounts shall only be made by such parties as maybe approved by the Managers AR rICILL X - rRANSFERABII ITY OF MFMBERSHIP INTEREST, ADMISSION OF MEMBFRS 10 1 Transferability of Membership Interest The term transfer" when used in this Agreement with respect to a Membership Interest includes a sale assignment gift pledge exchangeorother disposition A Member shall not at anytime transfer its Membership Interest except in accordance with the considerations and limitations set out to Section 10 2 Any transferee of a Membership Interest by any means shall have only the rights, powers and privileges set out in Section 10 3 or otherwise provided by law and shall not become a Member of the Company except as provided in Section 10 4 102 Restrictions on Transfers of Membership Interests All or part of a Membership Interest may be transferred only after the Membership Interest has been offered to the Company and to the Members as provided in Section 10 6, and then only with the prior written approval of a Majority of the Managers which approval may be granted or denied in the sole discretion of the Managers The Managers shall not so consent unless the proposed transferee shall have furnished the Company with an opinion of 0 ' 12 counsel satisfactory in form and substance to such Managers that neither the offering nor the proposed transfer will violate any Federal or applicable state securities law and that neither such offering or proposed transfer will adversely affect the Company from being taxed as a partnership for Federal income tax purposes 101 Rights of I ransferee Unless and until admitted as a Member of the Company in accordance with Section 10 4 the transferee of a Membership Interest shall not he entitled to any of the rights powers or privileges of a member except Ihdt the transferee shall be entitled to receive the distributions and allocations to which the Member would he entitled but for the transfer of his Membership Interest 104 Admission of Transferee asMem'ers A transferee of a Membership Interest may be admitted as a Member of the Company upon furnishing to the Company all of the following (a) The written consent of all the Members (b) Theacceptance in a form satisfactory to a Majority of the Managers ofalltheterms and conditions of this Agreement, and (c) Payment of such reasonable expenses as the Company may incur in connection with his admission as a Membcr 105 Admission of New Members New Members of the Company may only be admitted with the unanimous consent of the Members upon compliance with all terms specified by the ` Managers and upon receipt by the Company of an opinion of counsel satisfactory inform and substance m a Majority of the Managers that neither the offanng nor the proposed sale of the Membership Interest will violate any Federal or applicable state securities law and that neither such offering or bale will adversely affect the Company from being taxed as a partnership for Federal income tax purposes 106 Voluntary Transfer of Membership Interest (a) Otter of Membership Interest If any Member (referred to as the 'Seller) desires to sell or otherwise transfer all or any portion of his interest (capital units) in the Company to any person or entity said Seller shall give the other Members at least thirty (30) days written nonce of his intention to sell or otherwise transfer all or anv portion of his interest in the Company Such written notice shall include an of to to sell to ( ompany and the other Members in that order the portion of the Seller's capital mierest in the Company which is subject to the notice (b) Purchase by Company or Members For thirty (30) days after receipt of such notice the Company or the other Members m that order shall have the right to elect to liquidate the portion of the Seiler's capital interest in the Company which is subject to the required notice and shall exercise such right by written notice to the Seller within a thirty (30) day period If the Company dots not exercise its right to elect to purchase Sellers interest in the Company then during the remaining portion of the notice period the other Members may elect to purchase Seller's interest in the Company The purchase price for Seller's interest in the Company shall be equal to the purchase price specified in Article 10 6(f) (c) Lal2seorRefusal If attheexpiratn_noftherequired notice period alloftheSellers interest in the Company which is subject to the required notice has not been purchased by the Company or -13- any other Member then the Seller may make a bona fide sale or transfer of his interest in the Company to a unrelated party Such gale or transfer shall be made only to the person or entity specified in a required notice to all Members and shall be made only upon the lams and conditions and for the consideration specified in said notice The Seller may not sell or transfer his interest in the Company to any other person or entity or on terms and conditions which are more favorable than those stated in said required notice However it tho Seller shall fail to make such a sale or transfer within thirty (30) days following the expiration of the notice period then said Seller's interest in the Company shall again be subject to all the restrictions contained this Arimle (d) Transfer of Capital Interest in Company at Death Upon the dtnth of any Member the estate of the deceased Member shall be required to offer to sell said deceased Member s capital interest in the Company to the Company or other members, in that order Such offer shall be made to the Company or surviving Members inthatorder within sixty (60) days afterthe qualification ofthe deceased Members personal representative The Company or surviving Members shall notify the personal representative of the deceased Member in writing within the thirty (30) day period whether they shall purchase the deceased Member s interest in the Company The purchase price and the terms and conditions of any sale under this Article are speuf ied in Article 10 6(f) for purposes of this Article if any Member shall be adjudicated to be incompetent or insane then such incompetency or msanity shall be considered to be the death of said Member and the provisions of this Article shall be applicable (e) Sale Upon Involuntary Dispositio,i of Interest in Company In the case of the passage or disposition of any interest in the Company owned by any Member (referred to as the 'disposing Mcmher )by any voluntary or involuntary manner whatsoever, except by death but including any sale under judicial order legal process execution attachment enforcement of a pledge trust or encumbrance the l person or entity to whom said interest in the Company passes (referred to as the Seller') must otter to Sell `, said interest to the Company or other Members in that order For thirty (30 days after the. date the Company or the other Members received actual notice of the passage or disposition of all or any portion of the disposing Members interest in the Company the Company or the other Members in that order shall have the right to purchase all of the Seller's interest in the Company by written nonce to Seller within said thirty (30) days notice The purchase price and terms and conditions of any sale under this Article are as set forth in Article 10 6(t) (f) Purchase Price Under 1 ransfers under Article 10 6 ei sco The purchase price to be paid for any interest in the Company purchased pursuant to the provisions of Article 10 6 shall he the adjusted value of the SLIlers capital interest in the Company and shall be determined as follows (t) Fair market value of all real estate properties as of date of valuation The fair market value will be determined by one or more competent MAI appraisers selected by the Company Such appraiser must be on approved list of appraisers recommended by Central Carolina Bank in Wilmington North Carolina (it) Plus all current assets as of date of valuation (in) Less all liabilities as of date of valuation (iv) If a Member shall have a debt balance in either his member capital account or capital adjustment account the amount of such debit balance shall be considered to be a debt owed by said Member to the Company and shall be considered to be an asset of the Company 0 ` 14 ` I v) I he resulting amount shaI I be. the adjusted value of the Company �r (vi) The purchase pncc of the Seller's capital interest shall be the adjusted value of the Companv divided by the number of capital units outstanding and multiplied by the number of capital units ounLd by thL Seller g Payment of Purchase Price The purchase price shall btpaid in full bythe purchaser or in three (3) equal annual equal installments which will bear interest at two (2) points above Central Carolina Bank s prime interest rate The first payment is due the first day after the expiration of the thirty (30) day r t period specified in this Article or within thirty (30) days after receipt of the offer to sell under this ArtiLlt h Other Credits or Dehos of Withdrawing Member If a deceased member or a disposing Member shall have advanced money to the Company which the Company has not tmated as a contribution to the capital of the Company then the amount of such advance shall bL paid b) the Company to tht estate of the decedstd member or disposing Member at the time specified for the payment of the purchase price for the Seller s or deceased Members stock in the Company The amount of such advance shall be reduced by any amount owed to the Company by thL deceased Member or disposing Member as provided in this Article 107 Buy/Sell Option In the event any MLinbtr is dissatisfied with the conduct of the affairs of the Company or otherwise desires to end his participation in the affairs of the Company and the Companv has not exercised its option to purchase such Member s shares after such Member has complied with the prm isions of Section 10 6 above such Member may serve nonce to such effect upon thL other Member and the company Such notice shall state that the Member is not satisfied with the present arrangements of the �. Company and offers to either sell all of his interest in the Company or to purchase all of the other Member s inttrest in the C ompany and shall specify a price for such interest the terms of such offer shall he cash and includt the removal ofthe selling party a endorsements or other guerantiesupon obhgat onsofthe Company and the. rcpaymLnl of any loans madt by the selling Member to the Company The party receiving such notice shall have a period of thirty (30) days to treat such notice as an offer to sell such receiving party s interest in the Company and to accept such offer Upon failure to accept the recen mg party shall be deemed to have agreed to sell his interest in the Company upon thL terms and Londuions contained in the notice The closing of the sale of the interest in thL Company sold pursuant to this Section 10 7 shall be held at the principal office of the Company at such time as may be specified in the notice by the purchasing party within forty-five (45) days from the date of delivery of the notice The terms of the sale shall be those terms contained in the notice Provided however that during any time which the Company has more than two (2) Members this Section 10 7 shall not be effective or operable ARTICLE XI - DISSOLU I ION AND TERMINATION 11 1 Withdrawal Fxcept as otherwise provided in this Agreement no Member shall at anytime retire or withdraw from the Company or withdraw any amount out of his Capital Account Any Member retiring or withdrawing in contravention of this section 1 I I shall indemnify defend and hold l 'Ilkw -15- harinit55 the Company and all other Members (other than a Member who is at tha nmo of such withdraw in delault under this Agreement) from and against any losses expenses, judgments fines settlements or damages suffered or incurred by the Company or any such other Members arising out of or resulting from such retirement or withdrawal 112 Dissolution (a) Tho Company shall be dissolved upon the first of the following to occur (i) When the period fixed for the duration of the Company in the Articles of Organization shall expire (it) Upon the election to dissolve the Company by all of the Members (tit) Upon the happening of any went of withdrawal (as defined in the Act) with respLct to any Member unless there is at least one remaining Member and the business of the Company is continued by the written consent of all of the remaining Managers or the written consent of the remaining Members holding a Majority in Interest within ninety (90) days of the action by or affecting the withdrawing Member or (tv) I he entry of a decree of judicial dissolution or the issuance of a certificate for administrative dissolution under the Act (b) Upon dissolution of the Company the business and affairs of the ( ompany shall `✓ terminate and be wound up and the assets of the Company shall be liquidated under this ARTICLF ` (c) Dissolution of the Company shall be efleuive as of the day on which tht went occurs giving rise to the dissolution but the Company shall not terminate until then has been a winding up of the Companv s business and affairs and the assets of the Company have been distributed as provided in Section 11 3 Of Upon dissolution of the Company the Managers may cause any part or all of the assets of the Company to be sold in such manner as the Managers shall determine in an effort to obtain the best pates for such assets provided however that the Managers may distribute assets of the Company in kind to the Members to the extent practicable 11.3 Articles of Dissolution Upon the dissolution and commencement of the winding up of the Company the Managers shall cause. Anicles of Dissolution to be executed on behalf of the Company and filed with the Secretary of State and a Manager or authorized Member shall execute, acknowledge and file any and all other instruments necessary or appropriate to renect the dissolution of the Company 114 Distribution of Assets Upon Dissolution In settling accounts differ dissolution, the assets of the Company shall be paid in the following order (a) rirst to creditors in the order of priority as provided by law except those to Members on account of their Capital Contributions 16- (b) Second an amount Equal to the then remaining credit balances in the Capital (` Accounts of the Members shall he distributed to the Mt tubers in proportion to the amount of such balances and (c) Third any remainder shall he distributed to the Members of the Company pro raid to their respective Membership Interests 11 S Distributions In Kind I f any assets of the Company are distributed in kind Such assets shall be distributed to the Members entitled thereto as tenants-m common in the same proportions as the Members would have been entitled to cash distributions if such property has been sold for cash and the net proceeds thereof distributed to the Members In the event that distributions in kind arc made to the Members upon dissolution and liquidation of the Company the Capital Account balances of such 'Members shall be adjusted to reflect the Members' allocable share of gain or loss which would have resulted if the distributed property had been sold at its fair market value ARTICLE ill - MISCELLANEOUS PROVISIONS 12 1 Competing Business Except as otherwise expressly provided in this Agreement or the Act neither the .Managers nor the Members nor any of their shareholders directors officers employees partners agents family members or affiliates, shall be prohibited or restricted in any way from investing in or conducting either directly or indirectly and may invest in and/or conduct either directly or mdirectl) businesses of any nature whatsotvtr including the ownership and operation of a business or properties similar to or in the same geographical area as those held by the Company Lxcept as otherwise. provided in this or the Act, any investment in or Londuct or any such businesses by any such pLrson or entity shall not give rise to any claim for an accounting by any member or the Company or any right to claim any to ` ltnLrest thertin or thL profits therefrom 122 Members'Representations and Agreements Notwithstanding anything contamLd in this Agrcement in the contrary each Member hereby represents and warrants to the Company thL Managers and to each other that (i) the Membership Interest of such Member is acquired for investment purposes only for the Member s own account and not with a view to or in connection with any distribution molfer resaie or other disposition not in comphanLL with the Securities Act of 1933 as amended and the rules and regulations thereunder (the 1933 Act ) and applicable state securities laws (it) such Member alone or together with the Member s representatives possess such expertise knowlLdge and sophistication in financial and business matters generally and in the type of transactions in which the Company proposes to engage in particular that the Member is capable of evaluating the merits and economic risks of acquiring and holding the Membership Interest and the Member is able to bear all such economic risks now and in the future, (m) such Member has had access to all of the information with respect to the Membership Interest acquired by the Member under this Agreement that the Member deems necessary to make a complete evaluation thereof and has had the opportunity to quLstion thL other Members and the Managers (if any) Loncemmg such Membership Interest (iv) such Member's decision to acquire the Membership Interest for investment has been based solely upon the evaluation made by the Member (v) such Member is awarL that thL Member must bear the economic risk of an investment in the Company for the 1933 Act or under the securities Laws of various states and therefore cannot be resold unless such Membership Interests are subsequently regisiLmd under the 1933 Act and applicable state securities laws or an exemption from registration is available (vi) such Member is aware that only the Company can take action to register Membership Interests and the Company is under no such obligation and does not propose to attempt to do so (vu) such Member is aware that this Agreement provids for restrictions on the ability of a Member to sell transfer assign mortgage hypothecate or otherwise encumber the Member's Membership Interest (vnt) `, such Member agrees that the Member will truthfully and completely answer all questions and make and perform all covenants that the Company or the Managers may contemporaneously or hereafter ask or demand for the purpose of establishing compliance with the 1993 Act and applicable state securities laws and (ix) it the Member is an organization that it is duly organized validly existing and in good standing under the laws of its state of organization and that it has full organizational power and authority to execute. and agree to this Agreement and to perform its ohhgations hereunder 123 Notice (a) All notices demands or requests provided for or permitted to he given pursuant to this Agreement must be in writing (b) All notices demands and requests to be sent to any Manager or Member pursuant to this Agreement shall be deemed to have been properly given or served daddressed to such person at the address as it appears on the Company records and (t) personally delivered (tit) deposited for next day delivery by Federal Express or other similar overnight courier services (tit) deposited in the United States mad prepaid and registered or certified with return receipt requested or (tv) transmitted via telecopier or other similar devise to the attention of such person with receipt acknowledged (c) All notices demands and requests so green shall be deemed received (i) when actually rectived it personally delivered deposited for next day delivery with an overnight courier or tciccopied or (it) as indicated upon the return receipt if deposited in the United States mail (d) I he Managers and Members shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses by Wivtr ng to the other parties written notice of ouch change in the manner prescribed in 12 3(b) (e) All distributions to any Member shall be made at the address at which noticts are sent unless niherwise specified in writing by anv such Member 124 No Action No Member shall have any right to maintain any action for partition with respect to the property of the Company 125 Amendments This Agreement as well as the Articles of Organization may only be amtnded or modified by a writing executed and delivered by each of the Membus 126 Power of Attorney (a) Each Member hereby makes constitutes and appoints each elected Managtr as may be serving from time to time severally with full power of substitution, as the Member's true and lawful attorney in -fact for such Member and in such Members name place and stead and for the Member's use and benefit to sign and acknowledge file and record any amendments hereto among the Members and for the further purpose of executing and filing on behalf of each Member, any documents necessary to constitute the continuation of the Company the admission or withdrawal of a Member the qualification of the Company in a foreign jurisdiction (or amendment to such qualification) the admission of substitute Members or the dissolution or termination of the Company provided such continuation admission withdrawal qualification ordigsolution and termination are in accordance with the terms of this AgrCLment f!'\ ` -18- (b) The foregoing power of attomey is a special power of attorney coupled with an f\, interest is irrevocable and shall survve the death or legal incapacity of each Member It may he exercised by any one of said attorneys by listing all of the Members executing any instrument over the signature of the attomey-in fact acting for all of them I he power of attomey shall survive the delivery of an assignment by d Member of the whole or any portion of his Membership interest In those cases in which the assignee of or the successor to a Member owning Membership Interest has been approved by the Members for admission to the Company as a substitute Member the power of attorney shall survive for the sole purpose of enabling the Managers to execute deknowledge and file any instrument necessary to eftect such substitution (c) This power of attorney shall not be affected by the subsequent incapacity or mental incompetence of any Member 127 Governing I aw, Arbitration This Agreement is made in New Hanover County North Carolina and the rights and obligations of the Members hereunder shall be interpreted construed and enforced in accordance with the laws of the State of North Carolina Any dispute arising out of or in connection with this Agreement or the breach thereof shall be decided by arbitration to be conducted in Wilmington, North Carolina in accordance with the then prevailing commercial arbitration rules of the Amenean Arbitration Association and judgment thereof may be entered in any court having jurisdiction thereof 128 Entire Agreement l hit Agreement including all schedules to this Agreement as amended from time to time in accordance with the terms of this Agreement contains the entire agreement among the parties relative to the subject matters hereof and all prior negotiations agreements or understandings whether oral or written are merged herein and superseded herebl 129 Waiver No consent or waiver express or implied by any Member to or for dny breach or default by any other Member in the performance by such other Member of his or its obligations under this Agreement shall be, deemed or construed to be a consent or waiver to any other breach or default tit the performance by such other .Member of the same or of any other obligations of such other Member under this Agreement Failure on the part oft anv Member to complain of any actor failure to act of any of the other Members or to declare any of the other Memhers in default regardless of how long such failure continues shall not constitute a waiver by such Member of his or its rights 12 10 Severability If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenturceable to any extent the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and the intent of this Agreement shall be enforced to the greatest t.xlent permitted by law 1211 Binding Agreement Subject to the restriction on transferability set forth in this Xgreement the Agreement shall inure to the benefit of and be binding upon the undersigned Members and their respective legal representatives successors and assigns 12 12 Tense and Gender Unless the context clearly indicates otherwise the singular shall include the plural and vice versa Whenever the masculine feminine orneuter gender sused inappropriately in this Agreement this Agreement shall be read as if the, appropriate gender were used 0 ` -19- 12 13 Captions Captions are included solely for convenience of reference and it there is any conlLet between captions and the text of this Agreement the text shall control 12 14 Benefits of Agreement Nothing in this Agreement expressed or implied is intended or shall bt, construed to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever other than the Members and the Company, any legator equitable right remedyonlaim under or in respect of this Agreement or any co%c nant condition or provisions herein contained and such provisions are and shall be held to be for the sole. and ext cutive benefit of the Members and the Company 12 IS Counterparts I his Agreement may be executed in multiple counterparts each of which shall be deemed an original for all purposes and all of which when taken toguthar shall constitute a single counterpart instrument Cxccuted signature pages to any countcrpan instrument may be detached and affixed to a single counterpart which single counterpart with multiple executed signature pagcS affixed thereto constitutes the original counterpart instrument All of thest, counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a single signature page, IN WITNESS WHEREOF the undcrsigriLd being the initial Member of the Companv have caused this Agreement to be duly adopted by the Company as of the 91, day ofJune 2006 and do herebv assume and afire ound by and to perform all of the terms and provisions set forth in this Agrceme.nt i (Seal) ��i V (Seal) ROBF W HU1H ROGER W VINK 0�. 0 '1111tw 20 0 *, AAI E & ADDRESS OM MEMBERS Robtn W Huth 4714 College ALrea Drrvt, Wilmington NC 28403 Roger W Vmk 10196 Stontngton Way Leland NC 28451 SCHEDUIMI INITIAL CAPI FAL CONTRIBUTION $162 000 00 S 18 000 00 21 � r_J INITIAL CAPITAI MFMBERSHIP UNITS INTEREST 162 90% 18 10% SCHEDUI F 11 MANAGERS OF THE COMPANY THE UNDERSIGNED ACCEPT THE POSITION AS MANAGFR AND AGREE TO ABIDF BY THE 1 FRMS AND CONDITIONS OI 1 HIS OPERATING AGRU— Rober(WEFMENT DAM) t) June � 2006 Huth Az Roger W Vmk /� -22-