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HomeMy WebLinkAboutSW8110712_HISTORICAL FILE_20110930STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8�12 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 011 o g 3 U YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary September 30, 2011 Mr Chun Hot Fung, Manager FCW&P Properties, LLC 722 Lynchburg Drive Jacksonville, NC 28546 Subject State Stormwater Management Permit No SW8110712 FCW&P Properties, LLC High Density Subdivision Stormwater Wetland Project Onslow, County Dear Mr Fung The Wilmington Regional Office received a complete State Stormwater Management Permit Application for FCW&P Properties, LLC on August 18, 2011 Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008 211 and Title 15A NCAC 2H 1000 We are forwarding Permit No SW8110712 dated September 30, 2011, for the construction, operation and maintenance of the BMP's and built -upon area associated with the subject project This permit shall be effective from the date of issuance until September 30, 2021, 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 by filing a petition with the Office of Administrative Hearings (OAH) The petition must conform to Chapter 1508 of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours The OAH accepts filings Monday through Friday between the hours of 8 00 am and 5 00 p m , except for official state holidays The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §1508-23 2) is received in the OAH within seven (7) business days following the faxed or electronic transmission Unless such demands are made this permit shall be final and binding You should contact the OAH with all questions regarding the filing fee and/or the details of the filing process The mailing address, telephone and fax numbers for the Office of Administrative Hearings are 6714 Mail Service Center, Raleigh, NC 27699 6714 Telephone 919 733- 2698 FAX 919-733-3378 If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson, at (910) 796 7215 /Sincerely, For Coleen Sullins, Director Division of Water Quality GDS/kpj S IWQSIStormwaterlPermits & Projects12011\110712 HD12011 09 permit 110712 cc M Floyd Adams, The Adams Company Inspector, Onslow County Inspections Division of Coastal Management Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension Wilmington North Carolina 28405 One Phone 910 796 72151 FAX 910 350 20041 Customer Semce 1 877 623 6748 NorthCarol ina Internet vrnw rimaterquaitty org Naturirlly An Equal Opportunity \ Alfrmailve Action Employer State Stormwater Management Systems Permit No SW8 110712 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 FCW&P Properties, LLC FCW&P Properties, LLC Gum Branch Rd & Western Blvd, Jacksonville, Onslow County FOR THE construction, operation and maintenance of one (1) stormwater wetland which is located in drainage area two (DA#2) in compliance with the provisions of 15A NCAC 2H 1000 effective September 1, 1995 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until September 30, 2021 and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS NOTE This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 The subdivision is permitted for three lots, each limited to a maximum amount of built - upon area as indicated in Section II 14 (f) of this permit 3 This stormwater system has been approved for the management of stormwater runoff as described in Section 1 8 of this permit The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems The onsite stormwater wetland has been designed to handle the runoff from 99,253 square feet of impervious area of which 22,429 square feet drains from offsite permit SW8 070804 4 The maximum built -upon area allowed for the entire subdivision is 99,253 square feet 5 A 50' wide vegetative buffer must be provided adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the banks of each side of streams and rivers and the mean high water line of tidal waters 6 A level spreader and filter strip at the discharge of wetland #2 is not required Wetland #2 was originally permitted under SW8 070804 and the level spreader requirement was removed via Plan Revision on May 6, 2008 in exchange for oversizing wetland #2 Page 2 of 9 State Stormwater Management Systems Permit No SW8 110712 7 Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the proposed development on the lot is covered by a separate Offsite Stormwater Management Permit 8 The following design elements have been permitted for this stormwater wetland facility, and must be provided in the system at all times Design Criteria Drainage Area #2 a Drainage Area, acres 294 On -site, ftz 23,983 Off -site ftz 103,869 b Total Impervious Surfaces, ft' 99,253 On -site, 76,824 Off -site 22,429 c Design Storm, inches 12 d Pond Depth, inches TP shallow land 11 20 PP shallow water 600 PP deep pool (shallowest) 000 PP deep pool (deepest) 3600 e Depth of topsoil above clay liner, inches 1200 f Pond Elevation, FMSL TP shallow land (top) 4573 PP Shallow water (top) 448 PP Deep Pool (top) 443 PP Most shallow pt of deep pool btm 443 PP Deepest pt of deep pool's btm 41 3 g Total wetland zone areas, ft2 11,456 h Permitted Storage Volume, W 9,590 i Controlling Orifice "0 pipe 1 75 1 Number of plants in planting plan Herbaceous (41n dia) 348 Shrubs/small trees (1 gal+) 232 Trees (1 5 inch dbh) 58 k Receiving Stream/River Basin UT to the New River / White Oak I Stream Index Number 19-(1) in Classification of Water Body C,NSW II SCHEDULE OF COMPLIANCE 1 No person or entity, including the permittee, shall alter any component of the approved stormwater drainage system shown on the approved plans, unless and until the Division has approved of the revised plan 2 The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area limits, grading, and the storm drainage system established by this permit, the permit documents, the approved plans, and the recorded deed restrictions Page 3 of 9 State Stormwater Management Systems Permit No SW8 110712 3 The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division 4 The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution 5 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 6 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 7 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below a Any revision to the approved plans, regardless of size b Redesign or addition to the approved amount of built -upon area c Further development, subdivision, acquisition, or sale of any, all or part of the protect 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 d Alteration of any aspect of the approved stormwater drainage system and/or the approved stormwater BMPs e The construction of any permitted future development areas shown on the approved plans 8 All stormwater collection and treatment systems must be located in either public rights - of -way or dedicated common areas or recorded easements The final plats for the protect will be recorded showing all such required rights -of -way, common area and easements, in accordance with the approved plans 9 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 10 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 11 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 12 This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 13 The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition The approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals Page 4 of 9 State Stormwater Management Systems Permit No SW8 110712 14 Records of maintenance activities must be kept by the permittee The records will indicate the date, activity, name of person performing the work and what actions were taken 15 Prior to the sale of any lot, the following deed restrictions must be recorded a The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 110712, as issued by the Division of Water Quality under NCAC 2H 1000 b The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit c These covenants are to run with the land and be binding on all persons and parties claiming under them d The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality f The maximum built -upon area per lot covered by this permit is specified in the Master Permit Summary Table which specifies the impervious area in Drainage Area Two (DA#2), attached The impervious area in Drainage Area One (DA#1) is covered by SW8 070804 This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools g All runoff from the built -upon areas on the lot must drain into the permitted system This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street h Built -upon area in excess of the permitted amount will require a permit modification i All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters t Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G S 143, Article 21 k Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot I If permeable pavement BUA credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction 16 A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds Page 5 of 9 State Stormwater Management Systems Permit No SW8 110712 17 Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel The project and the stormwater facility must be in compliance with all permit conditions Any items not in compliance must be repaired, replaced or restored to design condition prior to the transfer Records of maintenance activities performed to date will be required 18 If permeable pavement BUA credit is desired, the permittee must submit a request to modify this permit to incorporate such language as required by the Division of Water Quality The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement III GENERAL CONDITIONS 1 This permit is not transferable except after notice to and approval by the Director At least 30 days prior to a change of ownership, or a name change of the permittee or of the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change form, to the Division of Water Quality, accompanied by the supporting documentation as listed on the form The approval of this request will be considered on its merits and may or may not be approved 2 The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit Neither the sale of the project in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit 3 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215 6A to 143-215 6C 4 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction 5 In the event that the facilities fail to perform satisfactorily 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 the permitted stormwater management facility 7 The permit issued shall continue in force and effect until revoked or terminated The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition 8 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 9 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit The permittee shall maintain a copy of the permit, O&M Agreements, and the approved plans at all times Page 6 of 9 State Stormwater Management Systems Permit No SW8 110712 10 The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H 1000, and NCGS 143-215 1 et al 11 The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate documentation and the processing fee Permit Issued this the 30`h day of September 2011 N�ORT"HC�AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S3 �,sc Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 110712 Page 7 of 9 State Stormwater Management Systems Permit No SW8 110712 FCW&P Properties, LLC Stormwater Permit No SW8 110712 Onslow County Designer's Certification as a duly reg Page 1 of 2 the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the protect, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the protect construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No SW8 110712 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drams to the system 4 All roof drains are located such that the runoff is directed into the system 5 The wetland zone elevations are per the approved plan 6 The wetland is located per the approved plans 7 A trash rack is provided on the outlet structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short- circuiting of the system 11 The permitted amounts of wetland zone surface area and volume have been provided 12 Required drawdown devices are correctly sized and located per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided 15 The required number of wetlands plantings have been provided cc NCDENR-DWQ Regional Office Inspector, Onslow County Building Inspections Page 9 of 9 Master Permit Summary Table - SW8 110712 September 30, 2011 Description Permit Permit Date Lot # 4DA#1��` ; , ,, DA#2 . Allocated BUA Future BUA Total Permitted Total Lot Total Permitted Total Lot Number (Drains to (Drains to BUA (Drains to Size per BUA (Drains to Size per SW8 110712) SW8 110712) SW8 070804)* DA* SW8 110712) DA (sf) (sf) (sf) (sf) (sf) (sf) Common Area Roads (sf) 3,678 0 0 0 3,678 0 (labeled as offsite on the 91301115W8 070804 permit o pbcanon) Common Area, BMP for DA#2 0 0 0 16,875 (not on a lot) (sf) (labeled as Lot #3 Ho, 8MP on the Master Plan) CVS Pharmacy SW8 070804 9/29/2011 Tract 1 of MB 53 PG233 32,659 50,965 22,429 25,265 32,659 0 (see "ExhibitA) TBD TBD TBD Lot 1 of MB 62 PG47 0 0 47,240 58,806 TBD TBD (see "Exhibit B ) Jones Car Wash SW8110713 9/29/2011 Lot 2 of MB 62 PG47 0 0 29,584 43,560 21,770 7,814 (see "Exhibit B) Total Area (sf) 1 36,3371 50,9651 22,2531 144,506 Total Permitted for BMP (Max Allowed) (sf) 1 36,337 99,253 *This area is not covered by this permit, SW8 110712 It is provided to document that there is area on Tract 1 of MB 53 PG 233 that does not drain to SW8 110712 See SW8 070804 for permitted data ' DWQ USE ONLY Date Received Fee Paid Permit Number l23 01 01 Applicable Rules ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph If - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I GENERAL INFORMATION 1 Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc ) FCW&P Properties, LLC 2 Location of Project (street address) NCSR 1308 (Gum Branch Road) & (formerly NCSR 1470-Now N C Highway 53 (Western Blvd) City Jacksonville County Onslow Zip 28546 3 Directions to project (from nearest major intersection) Corner of NCSR 1308 (Gum Branch Road) and (formerly NCSR 1470 - now N C Highway 53) Western Boulevard, Jacksonville, NC 4 Lahtude 34° 48' 00" N Longitude 77' 26' 21" W of the main entrance to the project I1 PERMIT INFORMATION 1 a Specify whether project is (check one) ®New ®Modification b If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8-110712 & * SW8-070804 Mod its issue date (if known)*05/06/2008 and the status of construction ❑Not Started ❑ Partially Completed* ® Completed* *provide a designer's cerhficahon 2 Specify the type of project (check one) ❑Low Density ®High Density ❑Drams to an Offsite Stormwater System ❑Other 3 If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, NA and the previous name of the project, if different than currently proposed, 4 a Additional Project Requirements (check applicable blanks, information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748) ❑CAMA Major ❑Sedmnentation/Erosion Control ac of Disturbed Area ❑NPDES Industrial Stormwater 0404/401 Permit Proposed Impacts N/A b If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit -N/A 12nl Form SWU-101 Version 07Jun2010 Page I of 6 III CONTACT INFORMATION 1 a Print Apphcant / Signing Official s name and htle (specifically the developer, property owner, lessee, designated government official, mdividual, etc who owns the protect) Apphcant/Organization F C W & P Properties, LLC Signing Official & Title Chun Hoi Fung Manager b Contact information for person listed in item la above Street Address 722 Lynchburg Drive City Jacksonville State NC Zip 28546 Madmg Address (if applicable) same City Phone (910 ) 346-9800 Email bettyb%lpnc com State Zip Fax (910 ) 346-1210 Please check the appropriate box The applicant listed above is ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below) 2 a Print Property Owner's name and title below, if you are the lessee, purchaser or developer (This is the person who owns the property that the project is located on) Property Owner/Organization F C W & P Properties, LLC Signing Official & Title Manager b Contact mformation for person listed m item 2a above Street Address City Jacksonville Mailing Address (if applicable) City Phone (910 ) 346-9800 Email bettyb@jlpnc com State NC Zip 28546 State Zip Fax (910 ) 346-9800 3 a (Optional) Print the name and title of another contact such as the prolect's construction supervisor or other person who can answer questions about the project Other Contact Person/Organization Srgnmg Official & Title b Contact information for person hsted in item 3a above Mailing Address City Phone Email 4 Local jurisdiction for building permits Pomt of Contact State Fax Phone # ( Zip Fonn SWU-101 Version 07Jun2010 Page 2 of 6 IV PROJECT INFORMATION 1 In the space provided below, briefly summarize how the stormwater runoff will be treated stormwater will low via swales & pie to one (1) wetland basins a If claiming vested rights, identify the supporting documents provided and the date they were approved ❑ Approval of a Site Specific Development Plan or PUD Approval Date 05/06/2008 ❑ Valid Building Pernut Issued Date 05/06/2008 ❑ Other Date b If claiming vested rights, identify the regulation(s) the project has been designed in accordance with ❑ Coastal SW -1995 ❑ Ph U - Post Construction 3 Stormwater runoff from this project drams to the White Oak River basin 4 Total Property Area 3 32 acres 5 Total Coastal Wetlands Area -0- acres 6 Total Surface Water Area -0- acres 7 Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area* 3 32 acres Total project area shall be calculated to exclude thefollowing the normal yool of imyounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NFi[1>J line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line The resultant project area is used to calculate overall percent built upon area (BUA) Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area 8 Project percent of impervious area (Total Impervious Area / Total Project Area) X 100 = 69 % 9 How many drainage areas does the project have?41 (For high density, count I for each proposed engineered stormwater BMP For low density and other projects, use 1 for the whole property area) 10 Complete the following information for each drainage area identified in Project Information item 9 If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below Basin Information Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ Receiving Stream Name UT to New River Stream Class * C,NSW Stream Index Number * 19(1) Total Drainage Area (sf) 128,066 On -site Drainage Area (so 16,875 Off -site Drainage Area (so 111,191 Proposed Impervious Area** (so 99,253 % Impervious Area** total 78 Impervious— Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (sf) 0 On -site Streets (sf) 0 On -site Parking (so 0 On -site Sidewalks (so 0 Other on -site (so 0 Future (so Off -site (sf) 76,824 Exvstmg BUA*** (so 22,429 Total (so 99,253 * Stream Class and Index Number can be determined at lilt i m lol m a, m mg a cb/ oql�) R rr Jassi icabonz Impervious area is defined as the built upon area including but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc *'* Report only that amount of existing BUA that will remain after development Do not report any existing BUA that is to be removed and which will be replaced by new BUA Form SWU-101 Version 07Jun2010 Page 3 of 6 11 How was the off -site impervious area listed above determmed7 Provide documentation Projects in Union County Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per NCAC 02B 0600 V SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project The latest versions of the forms can be downloaded from http//portalncdenioigal web wq/ws/su/bmp-manual VI SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ) A complete package includes all of the items listed below A detailed application instruction sheet and BMP checklists are available from http //portal ncdenr org/web/wq/ws/su/ statesw/foims dots The complete application package should be submitted to the appropriate DWQ Office (The appropriate office maybe found by locating project on the interactive online map at http / /poi tal ncdenr org/web/wq/ws/su/maps ) Please indicate that the followmg required information have been provided by initialing in the space provided for each item All original documents MUST be signed and initialed in blue ink Download the latest versions for each submitted application package from http //portal ncdenr oig/web/wg/ws/su/statesw/foims_ does lmtia 1 Original and one copy of the Stormwater Management Permit Application Form 2 Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form (if required as per Part VII below) 3 Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP 4 Permit application processing fee of $505 payable to NCDENR (For an Express review, refer to http //www envhelp org/pages/onestopexpress html for information on the Express program and the associated fees Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting) 5 A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project This is required in addition to the brief summary provided in the Project Information, item 1 6 A USGS map identifying the site location If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the ih mile radius on the map 7 Sealed, signed and dated calculations 8 Two sets of plans folded to 8 5" x 14" (sealed, signed, & dated), including a Development/Project name b Engineer and firm c Location map with named streets and NCSR numbers d Legend e North arrow f Scale g Revision number and dates h Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW Imes • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters i Dimensioned property/ project boundary with bearmgs & distances I Site Layout with all BUA identified and dimensioned k Existing contours, proposed contours, spot elevations, finished floor elevations I Details of roads, drainage features, collection systems, and stormwater control measures in Wetlands delineated, or a note on the plans that none exist (Must be delineated by a qualified person Provide documentation of qualifications and identify the person who made the determination on the plans n Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations o Drainage areas delineated (included in the main set of plans, not as a separate document) p Vegetated buffers (where required) U Form SWU-101 Version 07Jun2010 Page 4 of 6 Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing / elevations and boring logs Include an 8 5"x11" copy of the NRCS County Soils map with the project area clearly delineated For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate (Infiltration Devices submitted to WiRO Schedule a site visitfor DWQ to venfy the SHWT prior to submittal, (910) 796-7378 ) 10 A copy of the most current property deed Deed book 2930 Page No 903-904 11 For corporations and limited liability corporations (LLC) Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H 1003(e) The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned http //www secretary state nc us/Corporations/CSearch aspx VII DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot saes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form The appropriate deed restrictions and protective covenants forms can be downloaded from http//poitalncdenioie web/wq/ws/su/statesw/foims does Download the latest versions for each submittal In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded By the notarized signature(s) below, the perinit holder(s) certify that the recorded property restrictions and protective covenants for tlus project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot VIII CONSULTANT INFORMATION AND AUTHORIZATION Applicant Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information) Consulting Engineer M Floyd Adams Consulting Firm The Adams Company Mailing Address 708 Abner Phillips Road City Warsaw State NC Zip 28398 Phone (910 ) 293-2770 Fax (910 ) 293-2766 Email mfadams@intrstar net OR mitchells82@earthhnk net IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this sechon) I, (print or type name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) with (print or type name of organizahon listed in Contact Information, item la) to develop the project as currently proposed A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system Form SWU-101 Version 07Jun2010 Page 5 of As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for comphance with the DWQ Stormwater permit reverts back to me, the property owner As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days, otherwise I will be operating a stormwater treatment facility without a valid permit I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-2151 and may result in appropriate enforcement action mcluding the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215 6 Signature Date a Notary Public for the State of . County of do hereby certify that personally appeared before me this _ day of and acknowledge the due execution of the application for a stormwater permit Witness my hand and official seal, SEAL My commission X APPLICANT'S CERTIFICATION I, (print or hjpe name of person listed in Contact Informahon, item la) Chun Hot Fung certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H 1000, SL 2006-246 (Ph II - Post Construction) or SL 2008-211 Signature L /-i._._ .--(, Date _n l I, %L/QL4�— a Notary Public for the State of / /�iii!%1 (Q{rd�il� County of / /as / l") do her by certify that �U� � � i PGf YI GI personally appeared //, i before me this L day of , and a ledge the ue execution of the application for a stormwater permit Witness my hand and official seal, N BUCCO 0 '�40TAR)' s . e PuBoo SEAL My commission expires & 2P1,2013 Form SWU-101 Version 07Jun2010 Page 6 of Permit Number 'jW 8 11 O [ L (to be provided by DWQ) J Drainage Area Number :yZ Stormwater Wetland Operation and Maintenance Agreement I will keep a maintenance record on thts BMP This maintenance record will be kept in a log in a known set location Any deftctent BMP elements noted in the inspection will be corrected, repaired or replaced immediately These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP Important maintenance procedures — Immediately after the stormwater wetland is established, the wetland plants will be watered twice weekly if needed until the plants become established (commonly six weeks) — No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish the wetland plants — Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wet detention basin — Once a year, a dam safety expert will inspect the embankment After the wet detention pond is established, I will inspect it once a month and within 24 hours after every storm event greater than 10 inches (or 15 inches if in a Coastal County) Records of operation and maintenance will be kept in a known set location and will be available upon request Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately BMP element- Potential problem How I will remediate the problem The entire BMP Trash/debris is present Remove the trash/debris The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to wetland erosive gullies have formed remove the gully, and then plant a ground cover and water until it is established Provide lime and a one-time fertilizer application Vegetation is too short or too Maintain vegetation at a height of long approximatelyapproxintately six inches The inlet device pipe or The pipe is clogged (if Unclog the pipe Dispose of the swale applicable) sediment off -site The pipe is cracked or Replace the pipe otherwise damaged (if applicable) Erosion is occurring in the Regrade the swale if necessary to Swale (if applicable) smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion Form SW401-Wetland O&M -Rev 3 Page 1 of 4 BMP element Potential problem How I will remediate the problem The forebay Sediment has accumulated in Search for the source of the the forebay to a depth that sediment and remedy the problem if inhibits the forebay from possible Remove the sediment and functioning well dispose of it in a location where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problenis Weeds are present Remove the weeds, preferably by hand If a pesticide is used, wipe it on the plants rather than spraying The deep pool, shallow Algal growth covers over Consult a professional to remove water and shallow land 50% of the deep pool and and control the algal growth areas shallow water areas Cattails, phragmites or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) - the deep pool and shallow consult a professional water areas Shallow land remains flooded Unclog the outlet device more than 5 days after a immediately storm event Plants are dead, diseased or Determine the source of the dying problem soils, hydrology, disease, etc Remedy the problem and replace plants Provide a one -tune fertilizer application to establish the ground cover if a soil test indicates it is necessary Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth possible Remove the sediment and of the deep pools dispose of it in a location where it will not cause impacts to streams or the BMP Form SW401-Wetland O&M -Rev 3 Page 2 of 4 BMP element- Potential problem How I will remediate the problem The embankment A tree has started to grow on Consult a dam safety specialist to the embankment remove the tree An annual inspection by an Make all needed repairs appropriate professional shows that the embankment needs repair Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers The micropool Sediment has accumulated Search for the source of the and reduced the depth to 75% sediment and remedy the problem if of the original design depth possible Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP Plants are growing in the Remove the plants, preferably by micropool hand If a pesticide is used, wipe it on the plants rather than spraying The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is damaged Repair or replace the outlet device The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality 401 Oversight Unit at 919- outlet 733-1786 Fonn SW401-Wetland O&M -Rev 3 Page 3 of 4 Permit Number (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Project name FCW&P Properties, LLC BMP drainage area number 127,852 square feet Print name Chun Hoi Funs Title Manager Address 722 Lynchburg Drive, Jacksonville, NC 28546 Phon Signz Date Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president ilic for the State of do hereby certify that geared before me this 140 ue execution of the forgoing stormwater wetland maintenance requirements Witness my hand and official seal, zULLOC'%.,, ARY o P�BOO 2 ysl0w C oU�'`\\\ pgnrnI III10ki My commission Form SW401-Wetland O&M -Rev 3 Page 4 of 4 Permit Numbe45W B O -10804 Mr (tobeprovrdedbyDWO) PLAT) Fe, O�Of W ATfo9 y Ilu71Z (6V1 1C cl�ly �"Y-Y\ lite LANThis form must be filled out, pnnted and submitted U SCv� O 7 0 (St' The Required Items Checklist (Part III) must be printed, filled out and submitted along with all the required information Project name Contact name Phone number Date Drainage area number STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WETLAND SUPPLEMENT CVS Gum Branch at Western BLVD jamie at Jacobs carter burgess davwd white at rlrpc 770-674 2600 Apn130, 2008 sw8 070804 mod Apr1108 bmp #2 4 DESlG bR ° 7fON Site Characteristics Drainage area 127 852 ft2 Drainage area 294 acres Impervious area 99 253 ft' Impervious area 2 28 acres Percent impervious 77 6% % Design rainfall depth 12 inch Peak Flow Calculations Does this project require pre/post control of the 1 yr 24 hr peak n (Y or N) Flow? 1 yr 24 hr runoff depth in 1 yr 24 hr intensity in/hr Pre development 1 yr 24 hr runoff ft3/sec Post development 1 yr 24 hr runoff ft3/sec PrelPost 1 yr, 24 hr peak control ft3/sec Storage Volume Non SR Waters Design volume (temporary pool volume) Depth of temporary pool/ponding depth (DP„nv) Drawdown time Diameter of orifice Coefficient of discharge (Cp) used in orifice diameter calculation Driving head (Ho) used in the orifice diameter calculation Storage Volume SR Waters Parameters 1 yr 24 hr depth Pre development 1 yr 24 hr runoff Post development 1 yr 24 hr runoff Minimum volume required Volume provided 9 590 ft3 OK 112 in OK 246 days OK 1 75 in OK 0 60 (umtless) 0 320 ft OK in ft3 ft3 It ft3 Surface Areas of Wetland Zones Surface Area of Entire Wetland Shallow Land The shallow land percentage is Shallow Water The shallow water percentage is Deep Pool Forebay portion of deep pool (pretreatment) The forebay surface area percentage is Non forebay portion of deep pool The non forebay deep pool surface area percentage is Total of wetland zone areas Add or subtract the following area from the zones Topographic Zone Elevations Temporary Pool Shallow Land (top) Permanent Pool Shallow Water (top) Deep Pool (top) Most shallow point of deep pool s bottom Deepest point of deep pool s bottom Design must meet one of the following two options This design meets Option #1 Deep pool is Cinches below SLWT If yes SLWT (Seasonally Low Water Table) This design meets Option #2 Has a clay liner If yes Depth of topsoil above clay liner Topographic Zone Depths Temporary Pool Shallow Land Permanent Pool Shallow Water Deep Pool (shallowest) Deep Pool (deepest) Planting Plan Are cattails included in the planting plan? Number of Plants in planting plan recommended Herbacious (4'inch diameter) Shrubs/small trees (1 gallon or larger) Trees (1 5 dbh) Number of Plants in planting plan provided (several species of each plant type are recommended) Herbacious (4inch diameter) Shrubs/small trees (1 gallon or larger) Trees (1 5 dbh) 11 456 ft2 3,823 ft2 33% 4 425 ft2 1Qo/ 1 072 ft2 9% 2203 ft2 19% 11 523 ft2 67 00 ft2 Permit Number• ,r (to be pID11ded by .. • Insufficient non,forebay, eep pool area 2 Enter data into the shaded cells in this section 45 73 fmsl 44 80 fmsl 44 30 fmsl 44 30 fmsl 41 30 fmsl Unknown (Y or N) Unkown fmsl OK Y 12 in 11 2 in OK 6 in OK Din 36 in OK n (Y or N) OK 348 232 58 348 OK 232 OK 58 OK �d�A Additional Information Can the design volume be contained? Does volume in excess of the design volume flow evenly distributed through a vegetated filter? What is the length of the vegetated filter? Does the design use a level spreader to evenly distribute flow? Are calculations for supporting the design volume provided in the application? Is BMP sized to handle all runoff from ultimate build out? Is the BMP located in a recorded drainage easement with a recorded access easement to a public Right of Way (ROW)? The length to width ratio is Approximate wetland length Approximate wetland width Approximate surface area using length and width provided Y (Y or N) NIA (Y or N) NIA ft NIA (Y or N) y (Y or N) y (Y or N) y (YorN) 501 240 0 ft 480ft 11 520 ftz Will the wetland be stabilized within 14 days of construction? y (Y or N) Permit Numbe6yP3 b `1080` wi (to be Prowled by DWQ) etk13 This approx surface area is within this number of square feet of the entire wetland surface area reported above OK Permit No ✓Wi6 D ` 08C> i mop (to be provided by DWO) Q LAf3 �IIIREQUIRE xITtEMS;C�i�CKlf1STMW Pz Please indicate the page or plan sheet numbers where the supporting documentation can be found An incomplete submittal package will result in a request for additional information This will delay final review and approval of the protect Initial in the space provided to indicate the following design requirements have been met If the applicant has designated an agent the agent may initial below If a requirement has not been met, attach justification Initials Page/ Plan Sheet No C 2B C 2D C 1 Plans (1" 50' or larger) of the entire site showing 2E Design at ultimate build -out, Off site drainage (d applicable), Delineated drainage basins (include Rational C coefficient per basin) Wetland dimensions (and length to width ratio), Pretreatment system - Maintenance access, - Recorded drainage easement and public right of way (ROW), - Overflow device, and - il'n//yam C 2D Boundaries of drainage easement 2 Plan details (1" = 50' or larger) for the wetland showing Wetland dimensions (and length to width ratio) Pretreatment system Maintenance access, Recorded drainage easement and public right of way (ROW), Design at ultimate build -out, Off site drainage (if applicable) Overflow device, and Boundaries of drainage easement C 2D 3 Section view of the wetland (1" = 20' or larger) showing Side slopes, 3 1 or lower Wetland layers All wetlands Shallow land depth, shallow water depth deep pool depth Option 1, no clay liner SLWT depth ` Option 2, clay liner Depth of topsoil on top of liner, liner specifications Welland 4 A detailed planting plan (1" = 20' or larger) prepared by a qualified individual showing Planting Plan A variety of suitable species (not including cattails), Sizes spacing and locations of plantings, Total quantity of each type of plant specified, A planting detail, The source nursery for the plants and Fertilizer and watering requirements to establish vegetation C 4A 5 A construction sequence that shows how the wetland will be protected from sediment until the entire drainage area is stabilized Hyrdo Study 6 The supporting calculations (including drawdown calculations) n�e���y �tssuEp 4118�08 Pfty✓ro EO O&M 7 A copy of the signed and notarized inspection and maintenance agreement aqreement N/A 8 A copy of the deed restriction Master Permit Summary Table - SW8 110712 //O 7` 7— September 30, 2011 Description Permit Permit Date Lot # DA#1 ` DAtt2;�Z, `j j Allocated BUA Future BUA Total Permitted Total Lot Total Permitted Total Lot Number (Drains to (Drains to BUA (Drains to Size per BUA (Drains to Size per SW8 110712) SW8 110712) SW8 070804)* DA* SW8 110712) DA (sf) (sf) (so (sf) (sf) (sf) Common Area Roads (sf) 3,678 0 0 0 3,678 0 (labeled as offs,te on the 91301115w8 070804 permita 1¢ohon Common Area, BMP for DA#2 0 0 0 16,875 (not on a lot) (sf) 1 0 (labeled as Lot #3 Hot BMP on the Master Pion) CVS Pharmacy SW8 070804 9/29/2011 Tract 1 of MB 53 PG233 32,659 50,965 22,429 25,265 32,659 0 (see "Exhibit A") TBD TBD TBD Lot 1 of MB 62 PG47 0 0 47,240 58,806 TBD TBD (see "Exhibit B") Jones Car Wash SW8110713 9/29/2011 Lot 2 of MB 62 PG47 0 0 29,584 43,560 21,770 7,814 (see "Exhibit B") Total Area (sf) 1 36,3371 50,9651 99,2531 144,506 Total Permitted for BMP (Max Allowed) (sf) 1 36,337 99,253 *This area is not covered by this permit, SW8 110712 It is provided to document that there is area on Tract 1 of MB 53 PG 233 that does not drain to SW8 110712 See SW8 070804 for permitted data u �c A Fp£x rg, 8 �, '6P�rq E .jog giy��F> v �nZ 0 a� 5 - S �yn mm� mz n P f r C) sz'm�v$ ? 8Sy 7 > n r %r5 „�„�F3aR fRA e[€cF "fig ON "9 a4i 5i °a x $ f rr'rr— UIv'-p` °ems e J { € aim 3 v� c)� N Jp b�y U 7 JOHN L. PIERCE & ASSOCIATES, P.A LAND SURVEYING — LAND PLANNING — MAPPING P O BOX 1685 JACKSONVILLE, NC 28541 OFFICE (910) 346-9800 FAX (910) 346-1210 E-MAIL bettvb n done com Letter of Transmittal ...ysa•�.., ...,.. TO Ms Kelly Johnson DATE August 18 2011 ATTENTION Kelly Johnson N C Department of Environment and Natural Re FCW& P Properties LLC Portion of Tract 1-CVS Lots 1 & 2 of Tract 11 of WBP III LLC Property Resources — Department Of Stormwater 127 Cardinal Drive Extension New Stormwater No SW8-110712 & from SW8-070804 Wilmington, NC 28405 MOD (CVS) COPIES DATE NUMBER DESCRIPTION 2 Copies of Stormwater Supplement Sheet (for Drainage Area #1 and Drainage Area #2 2 Revised copies Stormwater applications 2 Copies of High Density Commercial Subdivision Deed Restrictions & Protective Convenances 2 Stormwater Wetland Operations and Maintenance Agreement 1 Copies of Exhibit "A", Exhibit `B — 2 maps" 1 "Drainage Area Summary for 3 lots (Tract 1 — CVS) Lots 1 & 2 of Tract II of WBP III, LLC Property 1 Copy of your Summary Table 1 Copy of your letter dated 7/27/11 1 Copy of Engineer's Certification 1 Copy of Deed of Record 1 Copy of Articles of Organization I Copy of Annual Report 1 Copy of Operating Agreement D AUG 18 Johnson, Kelly From Johnson, Kelly Sent Monday, August 08, 2011 9 48 AM To 'Betty Bullock' Subject RE FCW&P properties LLC - SW8 110712 pQpn?a�N gC�IQQ ,�SIS 0.�1iU' Yes _ (�y �Iiovv5 Thanks, KJ From Betty Bullock fmailto BettyBullockCaljlpnc coml Sent Monday, August 08, 2011 7 42 AM To Johnson, Kelly Subject FCW&P properties LLC - SW8 110712 Kelly, please see if the attached will justify item #4 on your list dated 7/27/11 Betty Bullock, Office Manager John L Pierce & Associates, P A P O Box 1685 405Johnson Blvd (28540) Jacksonville, NC28541 (910)346-9800 Fax (910)346-1210 E-mail bettvb@ilpnc com 1 Compliance Inspection Report Permit SW8110712 Effective Expiration Owner Fcw&P Properties LLC Project FCW&P Properties County Onslow Int Of Gum Branch Rd Western Blvd Region Wilmington Contact Person Chun Hoi Fung Title Manager Directions to Project Corner of Gum Branch Road and Western Boulevard Type of Project Drain Areas On -Site Representative(s) Related Permits Inspection Date 07128/2011 Entry Time 09 15 AM Primary Inspector Kelly Johnson Secondary Inspector(s) Reason for Inspection Routine Permit Inspection Type State Stormwater Facility Status ■ Compliant ❑ Not Compliant Question Areas State Stormwater (See attachment summary) Jacksonville NC 28540 Phone 910-346-9800 Exit Time 09 30 AM Phone 919-733-5083 Inspection Type Compliance Evaluation Page 1 Permit SW8110712 Inspection Date 07/28/2011 Owner Project Fm&P Properties LLC Inspection Type Compliance Evaluation Reasonfor Visit Routine Inspection Summary This site will obtain one wetland from SW8 970804 in an upcoming modification That wetland is in compliance See that inspection from the same date Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment Yes No NA NE Page 2 w NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director July 27, 2011 Mr Chun Hot Fung, Manager FCW&P Properties, LLC (SW8 110712, FCW&P Properties, LLC) 722 Lynchburg Drive Jacksonville, NC 28536 Mr Frank Steed, President S&J Farms, Inc (SW8 110713, Jones Car Wash) c/o Mr Jay Jones, Secretary/Treasurer 156 S Country Club Dr Kenansville, NC 28349 Subject Request for Additional Information Stormwater Project No SW8 110712 (FCW&P Properties, LLC) Stormwater Project No SW8 110713 (Jones Car Wash) Onslow County Dear Gentlemen Dee Freeman Secretary The Wilmington Regional Office received and accepted a State Stormwater Permit Applications for the subject projects on July 20, 2011 A preliminary in-depth review of that information has determined that the application is not complete We are still awaiting the application to modify SW8 070804, CVS Pharmacy and these permits cannot be issued until that information is received and is complete In the meantime, I have reviewed your information and have the following comments SW8 110712 (FCW&P Properties, LLC) 1 Project Area Please submit a plan showing the protect area that will be covered by this permit Exhibits A & B do not cover the area where BMP#2 is located BMP#2 must be inside the project area for this permit Impervious Data Summary a Adding BMP#2 to the Protect Area Your summary titled "CVS/FWC&P/S&J Farms Properties Information for Stormwater Deed Restrictions" shows that there is a total of 178,596sf of area which includes the area inside DA#1 (CVS) that is not covered by SW8 110712 but does not include the area covered by BMP#2 Please review the enclosed proposed Master Permit Summary Table which has been drafted to be included with your permit After Bli is added to the project area, please provide the square footage to add to the project area (which will be inserted in the yellow cell in the table) When inserted in Excel, this value will automatically update the "Total Area" (in blue) I will update your application to show that that value will be the project area Wilmington Regional Office 127 Cardinal Drive Extension Wilmington North Carolina 28405 Phone 910 796 72151 FAX 910J50 20041 Customer Service 1-877-623-6748 Intemet x ncwaterquality org An Equal Opportunity 1 Affirmative Man Employer ne NorffiCarolina Nahmallrf SW8 110712 & SW8 110713 ' July 27, 2011 Clarification This table shows "actual drainage to BMPs" for both onsite and offsite which do not match the "square feet by drainage area" values It also shows "impervious on -site" and "impervious off -site" which total to 36,337sf for DA#1 and 99,253sf for DA#2 But, the drainage area maps on file do not show that there is offsite area draining to either BMP#1 or BMP#2 Why are these categories included in the summary? I have proposed to delete them from the master permit summary If I am misunderstanding purpose of this data, please advise 3 Drainage Area Map Please submit two copies of a drainage area map that can be issued with this permit I believe the most recent version is sheet C-2C approved in April 2011 4 Signature Authority I believe that you had previously submitted documentation that Chun Hoi Fung had signature authority for FCW&P Properties, LLC but I cannot remember what type of documentation you had provided The 2011 Annual Report shows that the only Manager is Yuen Chik Cheung Please remind me of what to look for in the file O&M Please submit the O&M Agreement for Wetland #2 which is located on land owned by FCW&P Properties, LLC 6 Plans Please submit two sets of plans for this project If you intend to use plans that have been previously permitted, please submit copies of those plans 7 PE Certification Please submit the PE Certification SW8110713 (Jones Car Wash) 1 Application From previous correspondence I understand that the following is the intended data The application received on July 20, 2011 does not show this information and is not an original document Please submit a revised application with an original signature from Mr Steed that shows the following data if that it is still correct a Applicant/Organization (Permittee) S&J Farms Inc b Signing Official & Title (Signature Authority) J Frank Steed, President 2 Plans a Two Sets of Plans I have a set of plans on file which were received on January 31, 2011 Please submit two sets of the final plans b Discharge Point at the North of the Property BMP #2 which was permitted in May 2008 does not have an inlet in this location If you were to maintain this discharge point, you would have to modify the design of BMP#2 However, this inlet would be right next to the outlet and would short-circuit the BMP Please remove this discharge point c Wetlands Please either delineate wetlands or include a note that none exist onsite Please note that this request for additional information is in response to a preliminary review The requested information should be received in this Office prior to August 26, 2011, or the application will be returned as incomplete If the CVS Package has not been received by that date, we will issue an extension The return of a project will necessitate resubmittal of all required items, including the application fee Page 2 of 3 1% SW8 110712 & SW8 110713 ' ' July 27, 2011 If you need additional time to submit the information, please mad, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter The request must indicate the date by which you expect to submit the required information The Division is allowed 90 days from the receipt of a completed application to issue the permit The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215 1 and is subject to enforcement action pursuant to NCGS 143-215 6A Please reference the State assigned project number on all correspondence Any original documents that need to be revised have been sent to the engineer or agent All original documents must be returned or new originals must be provided Copies are not acceptable If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at kelly p johnson@ncdenr gov Sincerely, dly J son Environmental Engineer GDS/kpj S \WQS\Stormwater\Permits & Projects\2011\110713 offsite\2011 07 addmfo 110713 S \WQS\Stormwater\Permits & Projects\201 1\1 10712 HD\2011 07 addinfo 110712 enc SW8 110712 Master Permit Summary Table cc M Floyd Adams, PE, The Adams Company Bob Mitchell, The Adams Company (via email only) Betty Bullock, John L Pierce & Associates, P A (via email only) Buddy Kirk, Kirk Palmer & Thigpen, P A (via email only) Wilmington Regional Office Stormwater File Page 3 of 3 Master Permit Summary Table - SW8 110712 (DRAFT) INSERT ISSUE DATE, 2011 Description Permit Permit Lot # DA#1`5" A°W L, ; y r ; Allocated BUA Future BIJA Number Date Total Permitted Total Lot Total Permitted Total Lot (Drams to (Drams to BUA (Drams to Size per BUA (Drams to Size per SW8 110712) SW8 110712) SW8070804)* DA* SW8 110712) DA (sf) (so (st) (sf) (sf) (sf) Common Area Roads (sf) 3,678 0 0 0 Common Area, BMP for DA#2 0 0 0 NEED (not on a lot) (sf) CVS Pharmacy SW8 070804 INSERT Tract 1 of MB 53 PG233 32,659 50,965 22,429 This 25,265 INSERT When INSERT When (see "Exhibit A") Receive CVS Receive CVS TBD TBD TBD Lot 1 of MB 62 PG47 0 0 47,240 58,806 TBD TBD (see "Exhibit B") Jones Car Wash SW8 110713 INSERT Lot 2 of MB 62 PG47 0 0 29,584 43,560 21,770 7,814 (see "Exhibit 8") Total A— .-- *This area is not covered by this permit, SW8 110712 It is provided to document that there is area on Tract 1 of MB 53 PG 233 that does not dram to SW8 110712 See SW8 070804 for permitted data Completeness Review Checklist Project Name Project Location t Received Date Accepted Date Rule(s) �2008 Coastal �1995 Coastal Phase II (WiRO) Universal �1988 Coastal Type of Permit New r Mod or PR Existing Permit # (Mod or PR) PE Cert on File? Density HD or LD % (% OK?) Type C mmAl l or Residential �NCG 1:10ffsite to SW8 Exempt Stream Class EISA Map Subdivided7 ubdwisio or Single Lot ORW Map Paperwork Supplement(s) (1 original per BMP) BMP Types) Np,.� ��SC \�uin1T— WF� IJONL7 ` 7now with correct/original signatures (1 original per BMP except LS/VFS and swoles) 4vWCXA- �m W s7rF s was SobrnkkW6o (fad a-�) ✓Application with corrert/original Vgnatures buk vn Swz�o�U�u{� • Sig Auth per SoS or ierter e-4010 tO Kev �, --. (within 6mo) Soils Report with SHWT Calculations (signed/sealed) 3`No obvious errors nsity includes common areas, etc Restrictions, if subdivided & Notarized Plans QnQW-71 ,k� 500V(Mki'-C\I (Y\azd C11i\0Ck) M2 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend F-1DA Maps MProlect Boundan, Infiltration Wet Pond Offsite Soils Report Soils Report OPE Cert WT ISHWT ZrfMaster# Deed Reaster Lot # Matches Master lBott PP BUAPe ted (Master) sf ted BIJA Proposed (Offsite) sf Additional Information Permitted Proposed Proposed Proposed BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) JOHN L. PIERCE & ASSOCIATES, P.A LAND SURVEYING - LAND PLANNING - MAPPING P O BOX 1685 JACKSONVILLE, NC 28541 OFFICE (910) 346-9800 FAX (910) 346-1210 E-MAIL belt b ,ilonc com n. r.«.,...n. I ...... ....... Letter of Transmittal TO Ms Kelly Johnson DATE July 19 2011 ATTENTION KKell Johnson N C Department of Environment and Natural FCW& P Properties LLC permit number to be dctermmed/previously part of SW8 070804 Modification permit Resources — Department of Stormwater 127 Cardinal Drive Extension Wilmington, NC 28405 COPIES DATE NUMBER DESCRIPTION 2 Set of permit applications with calculations 1 Check in the amount of $505 00 for permit fee 1 Copy of recorded deed 1 Copy of "Articles of Organization" I Copy of "Annual Report" Kelly, it is my understanding you have all the stormwater plans to accommodate this application Please advise should you need anything else. Hope this is the final submittal on this project Still waiting on CMS's package but wanted toforward these to you. Betty CVS / FWC&P / S&J Farms Properties Information for Stormwater Deed Restrictions Lot # / Description DA #1 53 OSVzS,,3 s Cry Total Lot Size 175 Acres by D A 117 Sq Ft by D A 50,965 Actual Drainage to BMPsto BMPs DA on -site DA off -site Imp on -site Imp off -site % Impervious to D A % Impervious to Total Lot 45,463 5,321 50,784 32,659 3,678 36,337 72% 71% RECEIVED JUL 2 0 2011 BY ITTIVA 06 uzIK7 yvl A(a2 R-112 n 6G� 7 US Lot #1 of #2 Totals }� FCW&P SW Farms 135 100 058 135 100 410 25,265 58,806 43,560 178,596 23,983 17,147 41,130 53,326 53,326 33,396 33,396 23,983 103,869 127,852 22,429 - - 22,429 - 47,240 29,584 76,824 99,253 22,429 47,240 29,584 55% 89% 89% 78% 89% 80% 68% 56% M. (Page 193ff2) lngliessigilligif Doc ID 004011800n Type CRP Recorded 08167 0007 at 03 24 35 PM Fee Nat g2, 187 00 Pege 7 of 2 Enalowxcise Tax 62 150 00 Maryland KCount"ashtnpton Reg of Coeds eK2930 pa903-904 This deed presented to The Qnsloyr �Co Tas ce Date d' /S0» 7Clerk i JUL 2 0 2011 Delinquent taxes, if any, will be paid to the Onslow County Tax Collector out of the closing proceeds by the closing attorney NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $2.1 So 00 Recording Time, Book and Page above This instrument prepared by Gaylor, Edwards and Vatcher, Attorneys, 219 New Bridge St , Jacksonville, NC Tax parcel 339-17 1�I Mad after recording to F C W & P Properties LLC, attn Chun Hai Fung, 722 Lynchburg Drive Jacksonville, NC 28546 T Brief description for index Tract II 9 98 acres Revised Recomb Map for WBP III LLC Map Bk 53, Pg 233 " THIS DEED made this I5 4►day of August, 2007 by and between * GRANTOR * GRANTEE W B P III, LLC, a North Carolina * F C W& P PROPERTIES, LLC, a North limited liability company * Carolina limited liability company The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee, in fee simple, all that certain tract, lot or parcel of land, situated in Jacksonville Township, Onslow County, North Carolina and more particularly described as follows BEING all of Tract II, containing 9 98 acres, as shown and described on a plat entitled, "Revised Recombination Map Prepared For WBP III, LLC, Showing Tract 1, Tract II & Tract III , dated August 7, 2007, prepared by John L Pierce & Associates, P A and recorded in Map Book 53, Page 233, Slide M-107, in the office of the Register of Deeds of Onslow, County, North Carolina TOGETHER WITH AND SUBJECT TO that certain Cross -Access, Utility Easements, Accessways Construction, Maintenance and Restrictive Use Declaration recorded in Book 2861 Page 591, in the office of the Register of Deeds of Onslow County, North Carolina J `WPDOC$\DEVF0RM1A L\[DEED MP FCW&P wpd Hook 2930 Paoe 903 File Number (Paga• r%f �) — ALSO, TOGETHER WITH AND SUBJECT TO all easements and minimum building setback Imes as shown on the map recorded in Map Book 53, Page 233, Onslow County Registry This conveyance is made subject to the reservation of mineral rights by Weyerhaeuser Company by deeds recorded in Book 719, Page 441, Book 807, Page 734 and Book 807, Page 745, Onslow County Registry This conveyance is made subject to ad valorem taxes for 2007 and thereafter The property hereinabove described is a portion of the property acquired by Grantor by instrument recorded in Book 1489, Page 106, Onslow County Registry TO HAVE AND TO HOLD the aforesaid tract, lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple THE GRANTOR COVENANTS WITH THE GRANTEE, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the following exceptions 1 Cross -Access, Utility Easements, Accessways Construction, Maintenance and Restrictive Use Declaration recorded in Book 2861, Page 591 2 Mineral rights reservations by Weyerhaeuser Company recorded in Book 719, Page 441, Book 807 Page 734 and Book 807 Page 745 3 Minimum building setback Imes, easements and other matters shown on the maps recorded in Map Book 53, Page 233 4 Sixty (60) foot ingress & egress easement recorded in Book 949, Page 91 5. Stormwater and Drainage Easement recorded in Book AYso, Page 3117 IN WITNESS WHEREOF, the Grantor has hereto set his/her hand and seal, or'if M6rate or other entity, has caused this instrument to be executed by its duly authorized partner(s) manager(s) or officer(s), the day and year first above written W B P III, LL"C,,, a,,N(o`rrth�Ca—r-olin�a limited liability BYrnZ /mil VC/V JOHIC L PIERCE Its Manager STATE OF NORTH CAROLINA COUNTY OF ONSLOW The undersigned a Notary Public in and for the county and state aforesaid, does hereby certify that JOHN L PIERCE personally appeared before me this date and acknowledged that he is the Manager of W B P III, LLC, a North Carolina limited liability company and that with authority duly given and as the act and deed of said limited liability company, the foregoing instrument was signed by him as its Manager for the purposes set forth therein ��CC Witness my hand and official stamp or seal, this N day of August, 2007 Book 2930 Pave 903 Yale Min bea ARTICLES OF ORGANIZATION OF F C W & P PROPERTIES, LLC a051D 918176 Date Filed. 5/25/2007 3 43 00 PM Elaine F Marshall North Carolina Secretary of State C200714500206 The undersigned, does hereby make and acknowledge these Articles of Organ, anon for the purpose of forming a Limited Lability company under and by virtue of the laws of the State of North Carolina, as contained in Chapter 57C of the General Statutes of North Carohna, entitled, "North Carolina Limited Liability Company Act" and to that end does hereby set forth The name of the limited liability company is "F C W & P PROPERTIES, LL.C" There shall be no limit on the duration of existence of the limited Lability company, other than dissolution pursuant to the terms of its written operating agreement, the unanimous consent of its members or as otherwise provided by law 3 The name and address of each organizer executing these Articles of Organization is as follows J Dewey Edwards, Jr P O Box 1057 219 New Bridge Street Jacksonville, NC 28540 The street address and county of the initial registered office of the limited liability company is 722 Lynchburg Drive, Jacksonville Onslow County, North Carolina 28546 the mailing address of the initial registered office of the limited Lability company is 722 Lynchburg Drive, Jacksonville, North Carolina 28546, and the name of the initial registered agent of the hunted liability company at such address is Chun Hon Fung Except as provided by NCGS Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members 6 These Articles of Organization shall be effective upon filing of same by the North Carolina Secretary of State In Testimony Whereof, the undersigned has executed or caused this instrument to be properly executed in his name, this the 22nd day of May, 2007 J D Edwards, Jr , Organizer Prepared by and return to J Dewey Edwards, Jr Gaylor, Edwards and Vatcher P O Box 1057 219 New Bridge Street Jacksonville, North Carolina 28540 Telephone (910) 455-9494 &8 %1 07i ;t, OPERATING AGREEMENT OF F C W & P PROPERTIES, LLC THIS OPERATING AGREEMENT (this "Agreement") of F C W & P PROPERTIES, LLC (the'Company"), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, is executed effective as of the 2Sth day of May, 2007, by and among the Company and the persons executing this Agreement as the Initial Members (as defined below) ARTICLE 1- DEFINITIONS 1 1 Deflnitions The following terms used In this Agreement shall have the following meanings (unless otherwise expressly provided herein) (a) "Act" means the North Carolina Limited Liability Company Act, as the same may be amended from time to time (b) "Adjusted Capital Account"means,wlthrespecttoa Member, the balance In suchMember'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) - "Articles -of Organization"l[leans the Articles of Organization of the Company filed with the Secretary of State, as amended or restated from time to time (d) "Capital Account" means for each Member the account established pursuant to Sectional hereof and maintained In accordance with the provisions of this Agreement (e) "Capital Contribution" means any contribution to the capital of the Company in cash or property by a Member whenever made (fl "Code" means the Internal Revenue Code of 1986, as amended from time to time (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 Manager(s), is available for distribution to the Members after provision has been made for (1) payment of all operating expenses of the Company as of such time, (1I) provision for payment of all outstanding and unpaid current obligations of the Company as of such time, and (Ili) provision for such reserves as the Manager(s) deems necessary or appropriate for Company operations (h) "Fiscal year" means the calendar year, provided that the first Fiscal year of the Company shall commence on the date of execution of this agreement, and continue through December 31 of the year in which the agreement is executed 0) "Income" means, for each Fiscal year or other period, each Item of income and gam as determined, recognized and classified for federal income tax purposes, provided that any income or gain that is exempt from federal Income tax shall be included as If it was an item of taxable Income 0) "Initial Capital Contribution" means the initial contribution to the capital of the Company made by a Member pursuant to Section 8 1(a) of this Agreement (c) "Loss" means, for each Fiscal year or other period, each item of loss or deduction as determined, recognized and classified for federal income tax purposes, increased by 0) expenditures described In Section 705(a)(2)(B) of the Code, (d) expenditures contemplated by Section 709 of the Code (except for amounts with respect to which an election is properly made under Section 709(b) of the Code), and 00 expenditures resulting in a deduction for a loss incurred In connection with the sale or exchange of Company property that is disallowed to the Company under Section 267(a)(1) or Section 707(b) (1) "Maori "means, with respect to any referenced group of Managers, a combination 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) "Majority In Interest" means, with respect to any referenced group of Members, a combination of any of such Members who, in the aggregate, own more than fifty percent (50%) of the Membership Interests owned by all of such referenced group of Members (n) t anaaer" means each Initial M or any other Person that succeeds such Mana elected to act as manager of the Company as group moernamed Inthis Operating Agreementof the Company ler In his or her capacity as manager or any other Person provided herein "Managers" refers to such Persons as a (a) "Member" means each Person designated as a member of the Company on Schedule I hereto, or any additional member admitted as a member of the Company In accordance with Article X "Metubers" refers to such Persons as a group (p) "Membership Interest" means all of a Member's rights in the Company, Including without limitation, the Member's share of the profits and losses of the Company, the right to receive distributions of the Company's assets, any right to vote and any rlghtto 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, (1) the excess of the Income for such period over the Loss for such period, or (11) the excess of the Loss for such period over the Income for such period, respectively, provided, however, that Net Income and Net Loss for a Fiscal Year or other relevant period shall be computed by excluding from such computation any Income specially allocated under Section a 1 (r) "Person" means an Individual, a trust, an estate, or a domestic corporation, a foreign corporation, a professional corporation, a partnership, a limited partnership, a limited liability company, a foreign limited liability company, an unincorporated association, or another entity (s) "Secretary of State" means the Secretary of State of North Carolina (t) "Treasury Regulations" means the Income Tax Regulations and Temporary Regulations promulgated under the Code, as such regulations may be amended from time to time (Including corresponding provisions of succeeding regulations ) ARTICLE II — FORMATION OF -THE COMPANY 2 1 Formation The Company was formed on the 2Sth day of May, 2007 upon the filing with the Secretary of State of the Articles of Organization of the Company In consideration of the mutual premises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the rights and obligations of the parties and the administration and termination of the Company shall be governed by this Agreement, the Articles of Organization and the Act 22 Name The business and affairs of the Company shall be conducted under the name F C W & P PROPERTIES, LLC The name of the Company may be changed by the Manager(s) from time to time by amendment of the Articles of Organization The Company may transact business under an assumed name by filing an assumed name certificate in the manner prescribed by applicable law 2 3 Registered Office and Registered Agent The Company's registered office shall be 722 Lynchburg Drive, Jacksonville, North Carolina 28546, and the name of its initial registered agent at such address shall be Chun Hof Fung 24 Principal Place of Business The principal place of business of the Company within the State of North Carolina shall be 722 Lynchburg Drive, Jacksonville, OnslowCounty, North Carolina 28546 The Company may locate its place(s) of business and registered office at any other place or places as the Manager(s) may from time to time deem necessary or advisable 2 5 Term The Company shall continue In existence until dissolved (1) pursuant to the terms of this Agreement, or (il) upon the unanimous consent of the Members or (ih) as otherwise provided by law and upon dissolution Its affairs shall be wound up In accordance with the provisions of this Agreement or the Act 26 Purposes and Powers (a) The Company may engage in any lawful business forwhich limited liability companies may be organized under the Act unless a more limited purpose Is stated In the Articles of Organization (b) The Company shall have any and all powers which are necessary or desirable to carry out the purposes and business of the Company, to the extent the same may be legally exercised by limited liability companies under the Ad The Company shall carry out the foregoing activities pursuant to the arrangements set forth in the Articles of Organization and this Agreement 27 Nature of Members' Interests The interests of the Members in the Company shall be personal property for all purposes Legal title to all Company assets shall be held in the name of the Company Neither any Member nor a successor, representative or assign of such Member, shall have any right, title or interest in or to any Company property or the right to partition any real property owned by the Company Interests maybe evidenced by acertificate of membership interest Issued by the Company, In such form as the Manager(s) may determine ARTICLE III - RIGHT AND DUTIES OF MANAGERS 3 1 Management The business and affairs of the Company shall be managed by the Manager or Managers In addition to the powers and authorities expressly conferred by this Agreement upon the Manager(s), the Manager(s) shall have full and complete authority, power and discretion to manage and control the business of the Company, to make all decisions regarding those matters and to perform any and all other ads or activities customary to or incident to the management of the Company's business, except only as to those acts as to which approval by the Members Is expressly required by the Articles of Organization, this Agreement, the Act or other applicable law At any time when there is more than one Manager (a) the approval of all Managers is expressly required, (b) the Managers may elect one or more officers who may but need not be Members or Managers of the Company, with such titles, duties and compensation as may be designated by the Managers, subject to any applicable restrictions specifically provided In this Agreement or contained in the Act 32 Appointment, General Authority and Power of Manager CHUN HOI FUNC is hereby appointed, designated, and named Manager of the Limited Liability Company The Manager shall serve until his death, mental Incompetence, resignation, or removal for cause of such Manager Upon the death, mental Incompetence, resignation, or removal for cause of CHUN HOI FLING, the Members shall elect a new manager or manager The Manager shall have the following specifically enumerated powers and authority to act on behalf of the Limited Liability Company (a) To expend the Limited Liability Company's capital and income in furtheranceof or relating to the Limited Liability Company's business and purposes, to acquire by purchase, lease, or otherwise any real or personal propertywhich maybe necessary, convenient, or incidental to the accomplishment of the purposes of the Limited Uablllty Company and to Invest such of the Limited Liability Company's funds as temporarily are not required for the operation of the Property, (b) To employ, engage, contract with, and retain from time to time, on such terms, and for such compensation as the Managers may determine, such Persons as the Managers may deem advisable Including, without limitation, attorneys, accountants, financial and technical consultants, employees, construction contractors, surveyors, Independent contractors, agents, insurance brokers, real estate brokers, and loan brokers, who also may provide such services to the Members and Affiliates of the Members, (c) To operate, maintain, finance, improve, construct, own, grant options with respettto, sell, convey, assign, mortgage, and lease any real estate and ariypersofial pfoperty, necessary, con"vefiient, or incidental to the accomplishment of the purposes of the Limited Liability Company, providedhowever, that if the sale of all or substantially all of the Property is not in the regular course of business or In the process of liquidating the Limited Liabllity Company following its dissolution, the Managers first must obtain approval of a Majority In Interests of the Members, (d) To borrowmoneyand Issueevidences of indebtedness necessary, convenient, orincidental to the accomplishment of the purposes of the Limited Liability Company, and secure the same by the mortgage, pledge, security interest, or other lien on any Property, (e) To consent to the modification, renewal, or extension of any obligations to the Limited Liability Company of any Person or of any agreement to which the Limited Liability Company is a party or of which It is a beneficiary, (f) To incur Indebtedness and prepay In whole or In part, refinance, recast, Increase, modify, or extend any indebtedness is unsecured or secured by a deed of trust, mortgage, or security agreement affecting all or any portion of the Property, and in connection therewith to execute and deliver any Instrument necessary or desirable in connection therewith, (g) To execute, in furtherance of any or all of the purposes of the Limited Liability Company, any deed, lease, deed of trust, mortgage, promissory not, bill of sale, assignment, security agreement contract, or other Instrument purporting to convey or encumber all or any portion of the Property, (h) To adjust, compromise, settle, or refer to arbitration any claim against or In favor of the Limited Liability Company, and to Institute, prosecute, and defend any actions or proceedings relating to the Limited Liability Company, its business, and its Property, (1) To acquire and enter into any contract ofinsurancewhichthe Manager(s)deems necessary or appropriate for the protection of the Limited Liability Company, the Members, and the Managers, for the conservation of the property, or for any purpose convenient or beneficial to the Limited Liability Company, Q) To prepare or cause to be prepared reports, statements, and other relevant information for distribution to Members, and other relevant Information for distribution to Members, including annual and quarterly interim reports, (k) To open accounts and deposit and maintain funds in the name of the Limited Liability Company in banks orsavings and loan associations insured bythe Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation, provided howeverthat the Limited Liability Company's funds not be commingled with the funds of any other persons, (1) To make any and all elections forfederal, state, and local tax purposes including, without [Imitation, any election, if permitted by applicable law (0 to adjust the basis of Property pursuantto Code Sections 754, 734(b), and 743(b), or comparable provisions of state or local law, In connection with Transfers of Interests and Limited Liability Company distributions, (ii) to extend the statute of Ilmitations for assessment of tax deficiencies against Interest Holders with respect to adjustments to the Limited Liability Company's federal, state, or local tax returns, and (id) to the extent provided In Code Sections 6221 through 6231, to represent the Limited Liability Company, the Members, and the Interest Holders before taxing authorities or courts of competentiurisdlctlon in tax matters affecting the Llmlted liability Company, the Members or Interest Holders, and to file any tax returns and to execute any agreements or other documents relating to or affecting such tax matters, Including agreements orother documents that bind the Members and Interest Holders with other documents that bind the Members and Interest Holders with respect to-such'tax-matters or othenwise affect the rights of-t a L`iniltecf Liability Company, the Members, and the Interest Holders (m) To select as the Limited Liability Company's accounting year a calendaryear or such fiscal year as may be approved by the Internal Revenue Service, (n) To make all decisions related to principles and methods of accounting in such a manner as, in their opinion, will be most beneficial to a majority of the Members and in accordance with recommendations of the Limited Liability Company's accounting and tax advisors, (o) Generally, to possess and exercise any and all of the rights, powers, and privileges of the Managers hereunder and managers under the Act, and (p) To execute, attest, acknowledge, seal, and deliver any and all agreements, contracts, certificates, docu ments, or instruments in connection with the management, maintenance, and operation of any or all of the Property or in connection with managing the affairs of the Limited Liability Company In the event there is more than one Manager, the rights and powers of the Managers hereunder shall be exercised by them in such manner as they may agree In the absence of an agreement, such rights and powers shall be exercised by a majority of the voting power of the Managers, each Manager shall have one (1) vote 3 3 Election and Term of Office The Manager(s) shall hold office until his/her death or until his/her resignation or removal from office in the manner provided in this Agreement or in the Act 34 Resignation Any Manager of the Company may resign at any time by giving written notice to all of the Members of the Company The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective 3 5 Removal of a Manager A Manager shall serve as such until such Manager's death, mental Incompetence, resignation, or removal for cause "For cause' shall mean a showing of such Manger's bad faith, gross negligence, willful malfeasance, or fraud 3 6 Vacancies Any vacancy occurring for any reason in the Manager(s) of the Company may be filled by the affirmative vote of all the Members at an annual meeting of Members or at a special meeting of Members called for that purpose 3 7 Inspection of Books and Records Any Manager shall have the right to examine all books and records of the Company for a purpose reasonably related to such Manager's position as a Manager 38 Compensation The compensation, If any, of the Manager(s) of the Company shall be fixed from time to time by an affirmative vote of all the Members or by contract approved by an affirmative vote of all of the Members, and no Manager shall be prevented from receiving such salary by reason of the fad that he is also a Member of the Company 39 Committees of the Managers In the event there is more than one (1) Manager, the Managers, by resolution, may designate from among the Managers one or more committees, each of which shall be comprised of one or more of the Managers, and may designate one or more of the Managers as alternate members of any committee, who may, subject to any limitations imposed by the Managers, replace absent or disqualified Managers at any meeting of that committee Any such committee, to the extent provided In such resolution or in this Agreement, shall have and may exercise all -of the authority -of the Managers, -subject to any restrlettoris confalned in this Agreement or the Act ARTICLE IV - MEETINGS OF MANAGERS 41 Place of Meeting The Manager or Managers of the Companymay 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 Manager(s) 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 he/she/they shall schedule The first meeting of Manager(s), and any scheduled meetings of the Manager(s), maybe held without notice Special meetings of the Manager(s) maybe called at anytime by no less than one-third of the then serving Managers for any purpose or purposes Notice of such special meetings, unless waived by attendance or by written consent to the holding of the special meeting, shall be given at least five (5) days before the date of such meeting to all Manager(s) 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 a Meeting (a) A Majority of the Managers shall be necessary to constitute a quorum for the transaction of business Every act or decision done or made by a Majority of the Managers present at a meeting duly held at which a quorum is present shall be regarded as the ad of the Company, unless a greater number Is required by law or by the Articles of Organization (b) Managers may participate In any meeting of the Managers by means of conference 0 telephone or similar communications equipment, provided all persons participatmg in the meeting can hear one another, and such participatlon Ina meeting shall constitute presence in person at the meeting (c) All votes required of Managers hereunder may be by voice vote unless a written ballot is requested, which request may be made by any one Manager (d) Any action which under any provision of the Act or this Agreement is to be taken at a meeting of the Managers may be taken without a meeting bywritten consent signed by an Managers who would be entitled to vote upon such action at a meeting Such written consent must be kept with the records of the Company 44 Adjournment A Majority of the Managers present may adjourn any Managers' meeting to meet agaln at a stated day and hour or until the time fixed for the next regular meeting of the Managers ARTICLE IV - MEMBERS S 1 Names and Addresses of Member The names, addresses and Membership Interests of the Members are as reflected in Schedule 1 attached hereto and made a part hereof, which Schedule shall be as amended by the Company as of the effectiveness of any transfer or subsequent issuance of any Membership Interest 5 2 Admission of Members (a) -In the -case of a Person acquirmg-a Membership Iht&t -st directly from fife Company, the - Person shall become a Member with respect to such Membership Interest on complfance with the requirements of Article X and making the Capital Contributions specified In Sectlon 8 1 (b) An assignee of a Membership Interest shall become a Member on compliance with the requirements of Article X (c) Any Person may become a Member unless such Person lacks capacity or Is otherwise prohibited from being admitted by applicable law ARTICLE VI - MEETINGS OF MEMBERS 61 Annual Meeting of Members An annual meeting of the Members will be held at such time and date at the principal office of the Company or at such other place within or without the State of North Carolina as shall be designated by the Manager(s) from time to time and stated In the notice of the meeting The purposes of the annual meeting need not be enumerated in the notice of such meeting 62 Special Meetings of Member Special meetings of the Members may be called by the Manager or by the holders of not less than ten percent (10%) of all the Membership Interests Business transacted at all special meetings shall be confined to the purpose or purposes stated in the notice 63 Notice of Meeting of Members Unless waived in writing, written notice stating the place, day and hour of the meeting and, additionally in the case of special meetings, stating the principal place of business of the Company as the location and the purpose or purposes forwhich the meeting Is called, shall be delivered not less than ten (10) nor more than sixty (60) days before the date of the meeting, to each Member of record entitled to vote at such meeting 64 Record Date Forthe purpose of determining Members, orthe designee of such Members, entitled to notice of or to vote at any meeting of members or any adjournment thereof, or Members entitled to receive payment of any distribution, or to make a determination of Members for any other purpose, the date on which notice of the meeting Is mailed or the date on which such distribution is declared, as the case may be, shall be the record date for such determination of Members When a determination of Members entitled to vote atany meetings of Members has been made as provided in this Section, such determination shall apply to any adjournment thereof 6 5 Quorum All of the Members, or their designee, shall constitute a quorum at all meetings of the Members, except as otherwise provided bylaw or this Agreement Once a quorum is present at the meeting of the Members, the subsequent withdrawal from the meeting of any Member prior to adjournment or the refusal of any Member to vote shall not affect the presence of a quorum at the meeting If, however, such quorum shall not be present at the opening of any meeting of the Members, the Members entitled to vote at such meeting shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until the holders of the requisite amount of Membership Interests shall be present or represented 66 Actions by Members or their Designees Other than for Election of Managers The act of Members shall be the affirmative vote of sixty-eight percent(68 0%) of the Members, or their designee, represented and voting at the meeting All actions of the Members provided for herein may be taken by written consent without a meeting Any such action which may be taken by the Members without a meeting shall be effective only if the consents are in writing, set forth the action so taken, and are signed by all Members eligible to vote on such action Members may participate in any meeting of the Members by means of a conference telephone or similar communications equipment, provided all persons participating in the meeting can hear one another, and such participation in a meeting shall constitute presence In person at the meeting 67 Action by Members to Elect Managers For purposes of voting on the election of Manager(s), Manager(s) shall be elected at any meeting of the Members at which a quorum is present by the affirmative vote of sixty-eight percent (68 0%) of the Members or their designee represented and voting at the meeting 68 List of Members Entitled to Vote The Manager(s) shall make, at leastten (10) days before each meeting of Members, a complete list of the Members or designee of Members entitled tovote atsuch meeting, or any adjournment of such meeting, arranged In alphabetical order, with the address of and the Membership Interest held by each, which list, fora period of ten (10) days priorto such meeting, shall be kept on file at the registered office of the Company and shall be subject to inspection by any Member at any time during usual business hours Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to Inspection of any Member during the whole time of the meeting However, failure to comply with the requirements of this Section shall not affect the validity of any action taken at such meeting 69 Registered Members The Company shall be entitled to treat the holder of record of any Membership Interest as the holder in fact of such Membership Interest for all purposes, and accordingly shall not be bound to recognize any equitable or other claim to or interest in such Membership Interest on the part of any other person, whether or not it shall have express or other notice of such claim or interest, except as expressly provided by this Agreement or the laws of North Carolina ARTICLE VII- LIMITATION OF LIABILITY AND INDEMNIFICATION OF MANAGER(S) AND MEMBERS 71 Limitation of Liability No Manager or Member of the Company shall be liable to the Company or its Members For monetary damages for an act or omission In such person's capacity as a Manager or a Member, except as provided in the Act for (1) acts or omissions which a Manager knew at the time of the acts or omissions were clearly in conflict with the Interests of the Company, (11) any transaction from which a Manager derived an Improper personal benefit, or (m) acts or omissions occurring prior to the date this provision becomes effective If the Act Is amended to authorize action further eliminating or limiting the liability of Managers and Members, then the liability of a Manager or Member of the Company shall be eliminated or limited to the fullest extent permitted by the Act as so amended Any repeal or modification of this section shall not adversely affect the right or protection of a Manager or Member existing at the time of such repeal or modification 72 Indemnification The Company shall Indemnify the Manager(s) and Members to the fullest extent permitted or required by the Act, as amended from time to time, and the Company may advance expenses Incurred by the Manager or Member upon the approval of the Manager(s) and the receipt by the Company of an undertaking by such Manager or Member to reimburse the Company unless it shall ultimately be determined that such Manager or Member is entitled to be Indemnified by the Company against such expenses The Company may also Indemnify Its employees and other representatives or agents up to the fullest extent permitted under the Act or other applicable law, provided that the Indemnification In each such situation Is first approved by Members owning a Majority in Interest 73 Other Rights The Indemnification provided by this Agreement shall (i) be deemed exclusive of any other rights to which a person seeking Indemnification maybe entitled under any statute, agreement, vote of Members or disinterested Manager(s), or otherwise, both as to action m official capacities and as to action In another capacity while holding such office, (11) continue as to a person who ceases to be a Manager or Member, (ill) Inure to the benefit of the estate, heirs, executors, administrators or other successors of an Indemnitee, and (iv) not be deemed to create any rights for the benefit of any other person or entity _ 74 Report to Members The details concerning any action to limit the liability, indemnify or advance expenses to a Manager, Member or other, taken by the Company shall be reported in writing to the Members with or before the notice or waiver of notice of the next Members' meeting or with or before the next submission to Members of a consent to action without a meeting or, If sooner, separately within ninety (90) days immediately following the date of the action ARTICLE Vill - CONTRIBUTIONS TO CAPITAL AND CAPITAL ACCOUNTS, LOANS B 1 Capital Contribution, Loans (a) Except as provided In sub -section (b) hereinafter, upon execution of this Agreement, each Member agrees to contribute cash or property to the Company In the amount set forth as the Initial Capital Contribution of such Member on Schedule I, attached hereto (b) In the event an obligation of the Company becomes due and payable and there are insufficient funds in the account or accounts of the Company to timely satisfy such obligation, then, except as hereinafter provided, each of the Members shall be obligated to make such additional contributions (each an "Additional Capital Contributlon j to the Company ratably In accordancewith such Members' then existing Membership Interest within the time period required to timely satisfy such obligation in the event any Member fails to fulfill any commitment to contribute additional capital (the 'Defaulting Member") within thirty (30) days of a written demand therefor, the defaulting Member's or defaulting Members', Membership Interest(s) shall revert pro rata among the non -defaulting Members The defaulting Member(s) shall then be expelled from the Company and shall thereafter have no claims against or Interest in the Company If the Managers determine that the Initial Capital Contributions are insufficient to carry W out the purposes of the Company, the Managers shall request that the Members make additional contributions tothe capital ofthe Company Upon such request by the Manager(s), if seventy-five percent (75 096) of the Members, or their designee, approve such request, then each of the Members shall be obligated to make such additional contributions (each an "Additional Capital Contribution") to the Company ratably In accordance with such Members' then existing Membership Interest within the time period approved by all of the Members In the event any Member fails to fulfill any commitment to contribute additional capital (the 'Defaulting Member%within forty-five (45) days of a written demand therefor, the defaulting Member's or defaulting Members', Membership Interest(s) shall revert pro rata among the non -defaulting Members The defaulting Member(s) shall then beexpelled from the Company and shall thereafter have no claims against or interest in the Company Provided, however, upon the unanimous consent of the Managers, the Managers may elect to allow the remaining Members (the 'Lending Members' to contribute to the Company, pro rata by Membership Interest, such Additional Capital Contribution All amounts so contributed by the Lending Members shall be considered a loan to the Defaulting Member bearing Interest at the prime rate, as set out In the Wall Street Journal on the date of the loan, plus three percent (39) simple interest, until repaid In addition, until all of such loans are repaid by the Defaulting Member, all distributions from the Company which would have been paid to the Defaulting Member shall be paid to the Lending Members in proportion to the then outstanding interest and principal of such loans Notwithstanding anything set forth In this Agreement to the contrary, It Is understood and agreed thatjohn L. Pierce shall not be obligated to make any Capital Contribution to the Company, either Initially or In the future, and that he is entitled to that portion of the Profits realized by the Company based upon his membership Interest, but shall not have to contribute to any Losses That for the purpose of computing Capital Contributions and contributions to Losses, the remaining members shall be responsible for one hundred percent 0 00 0%) thereof based upon their respective pro rata membership Interest (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 1(b) above, upon approval of the terms thereof by the Manager(s), any Member may make a loan to the Company upon commercially reasonable terms Loans by a Member to the Company shall not be considered Capital Contributions 82 Capital Accounts (a) The Company shall maintain a separate capital account (each a "Capital Account') for each Member pursuant to the principles of this Section 8 2 and Treasury Regulation Section 1 704-1(b)(2)(iv) The Initial Capital Account of each Member shall be the Initial Capital Contribution of such Member Such Capital Account shall be increased by (i) the amount of the subsequent Capital Contributions of such Member to the Company under Section 8 1 and (11) such Member's allocable share of Company Income and Net Income pursuant to Section 9 1 Such Capital Account shall be decreased by (1) the amount of cash distributed to the Member by the Company pursuant to Section 9 2 and (11) such Member's allocable share of Loss and Net Loss pursuant to Section 9 1 (b) The provisions of this Section 8 2 and other portions of this Agreement relating to the proper maintenance of Capital Accounts are designed to comply with the requirements of Treasury Regulation Section 1 704-1(b) The Members Intend that such provisions be interpreted and applied in a manner consistent with such Treasury Regulations The Manager(s) is/ are authorized to modify the manner In which the Capital Accounts are maintained If the Manager(s) determine(s) that such modification 0) is required or prudent to complywlth the Treasury Regulations and (11) Is not likely to have a material effect on the amounts distributable to any Member upon the dissolution of the Company 10 83 Withdrawal or Reduction of Members' Contributions to Capital (a) No Member shall have the right to withdraw all or any part of its Capital Contribution or to receive any return on any portion of its Capital Contribution, except as may be otherwise specifically provided In this Agreement Under circumstances Involving a return of any Capital Contribution, no Member shall have the right to receive property other than cash (b) No Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Income, Net Losses or distributions, provided that this subsection shall not applyto loans (as distinguished from Capital Contributions) which a Member has madeto the Company 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 any Additional Capital Contribution required of such Member pursuant to Section 8 1(b) above Except as otherwise expressly provided herein, no Member shall be required to contribute to the capital of, or to loan any funds to, the Company ARTICLE IX - ALLOCATIONS, DISTRIBUTIONS, ELECTIONS AND REPORTS 91 Allocations Subject to the provisos below, for purposes of maintaining Capital Accounts and in determining the rights of the Members among themselves, Net Income, or Net Loss, If any, for a Fiscal Year or other period, shall be allocated to the Members In proportion to their respective Membership Interests after giving effect to all Capital Account adjustments attributable to contributions and distributions of cash and property made during such Fiscal Year, Provided however notwithstanding theprovisions of -the preceding clause of this Section-9-1 , irr tireevem-atfy Member unezp"ectedly receives any adjustments, allocations, or distributions described in Treasury Regulation Sections 1 704-1(b)(2)(II)(d)(4), 1 704- 1(b)(2)(I1)(d)(5), or 1 704-1(b)(2)(11)(d)(6) items of Income shall be specially allocated to such Member (consisting of a pro rata portion of each item of Company Income, Including gross Income, for such year) in an amount and manner sufficient to eliminate such deficit, if any, In such Member's Adjusted Capital Account, as quickly as possible The foregoing proviso Is Intended to constitute a "qualified Income offset" within the meaning of Section 1 704-1(b)(2)(11)(d) of the Treasury Regulations and this proviso shall be interpreted consistently with such Treasury Regulation 9 2 Distributions The Manager(s) shall distribute Distributable Cash and other property at such times and in such amounts as he/she/they may determine, in his/her/their sole discretion All distributions of Distributable Cash or other property shall be made to the Members in proportion to their respective Membership Interests Except as provided in Section 9 3, all distributions of Distributable Cash and property shall be made at such time as determined by the Manager(s) 93 Limitation Upon Distributions No distribution shall be declared and paid If payment of such distribution would cause the Companyto violate any limitation on distributions provided In the Act 94 Allocations for Tax Purposes Except as otherwise provided herein, each item of Income, Net Income or Net Loss of the Company shall be allocated to the Members In the same manner as such allocations are made for book purposes pursuant to Section 9 1 In the event of a transfer of, or other change In, an interest In the Company during a Fiscal year, each Item of taxable Income and loss shall be prorated in accordance with Section 706 of the Code, using any convention permitted by law and selected by the Manager(s) 11 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 be subject to all provisions of Subchapter X of the Code, provided, however, that the filing of all required returns thereunder shall not be construed to extend the purposes of the Company or expand the obligations or liabilities of the Members (b) The Manager(s),Inhis/ her/theirsolediscretion, may cause the Company to elect pursuant to Section 754 of the Code and the Treasury Regulations to adjust the basis of the Company assets as provided by Section 743 or 734 of the Code and the Treasury Regulations thereunder TheCompanyshall make such elections for Federal income tax purposes as may be determined by the Manager(s), acting in his/her/their sole and absolute discretion (c) The Manager(s) shall prepare and execute any amendments to this Agreement necessary for the Company to comply with the provisions of Treasury Regulations Sections 1 704-1(b), 1 704-1(c) and 1 704-2 upon the happening of any of the following events (1) Incurring any liability which constitutes a "nonrecourse liability" as defined In Treasury Regulation Section 704-2(b)(3) or a "partner nonrecourse debt' as defined In Treasury Regulations Section 1 704-2(b)(4), (II) a constructive termination of the Company pursuant to Code Section 708(b)(1)(B),orOil) the contribution ordistrlbutlon of any property, other than cash, to or by the Company 9 6 Tax Matters Partner The Manager(s) may designate a Member serving as a Manager, or If there is none or If none are eligible to act, any Member, as the "tax matters partner" for federal income tax- purposes -The-tax-mattera partner -Is -authorized and -required - ra represent"the Company in connection with all examinations of the Company's affairs by tax authorities, including resulting administrative and judicial proceedings, and to expend Companyfunds for professional services and costs associated therewith The tax matters partner shall have the final decision making authority with respect to all Federal income tax matters involving the Company The Members agree to cooperate with the tax matters partner and to door refrain from doing any oral[ things reasonably required by the tax matters partner to conduct such proceedings Any direct out-of-pocket expense Incurred by the tax matters partner In carrying out his obligations hereunder shall be allocated to and charged to the Company as an expense of the Company for which the tax matters partner shall be reimbursed 9,7 Records and Reports At the expense of the Company, the Manager(s) shall maintain records and accounts of all operations and expenditures of the Company The Company shall keep at its principal place of business the records required by the Act to be maintained there 98 Books of Account (a) The Company shall maintain the Company's books and records and shall determine all items of Income, Loss, Net income and Net Loss in accordance with the method of accounting selected by the Manager(s), consistently applied All of the records and books of account of the Company, in whatever form maintained, shall at all times be maintained at the principal office of the Company and shall be open to the Inspection and examination of the Members or their representatives during reasonable business hours Such right may be exercised through any agent or employee of a Member designated by it or by an attorney or Independent certified public accountant designated by such Member Such Member shall bear all expenses incurred In any examination made on behalf of such Member (b) All expenses in connection with the keeping of the books and records of the Company and 12 the preparation of audited or unaudited financlal statements required to Implement the provisions of this Agreement or otherwise needed for the conduct of the Company's business shall be borne by the Company as an ordinary expense of Its business 99 Company Tax Return and Annual Statement The Manager(s) shall cause the Company to file a Federal Income tax return and all other tax returns required to be filed by the Company for each Fiscal year or part thereof, and shall provide to each person who at any time during the Fiscal year was a Member with an annual statement (Including a copy of Schedule K-1 to Internal Revenue Service Form 1065) Indicating such Member's share of the Company's Income, loss, gain, expense and other items relevant for federal income tax purposes Such annual statement may be audited or unaudited as required by the Manager(s) 910 Bank Accounts The bank account or accounts of the Company shall be maintained in the bank approved by the Manager(s) The terms governing such accounts shall be determined by the Managers) and withdrawals from such bank accounts shall only be made by such parties as may be approved by the Manager(s) ARTICLE X - TRANSFERABILITY OF MEMBERSHIP INTEREST, ADMISSION OF MEMBERS 101 Transferability of Membership Interest The term "transfer" when used in this Agreement with respect to a Membership Interest Includes a sale, assignment, gift, pledge, exchange or other disposition A Member shall not at any time transfer its Membership Interest except In accordance with the conditions and limitations set out in Section 10 2 Any transferee of a Membership Interest by any means shall have only the right% powers -and privileges set out in Section 10 3"oi otiTfimise Ffmilded 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 (a) Except as hare[ nafter_provided, all or part of a Membership Interest may be transferred only with the prior written approval of a majority in interest of the Members, which approval may be granted or denied in their sole discretion The Members shall not so consent unless the proposed transferee shall have furnished the Companywith an opinion of counsel, satisfactory in form and substance to the Manager, that neither the offering nor the proposed transfer will violate any Federal or applicable state securltles law and that neither such offering or proposed transfer will not adversely affect the Company from being taxed as a partnership for Federal Income tax purposes (b) Notwithsanding the foregoing provisions and subject to the conditions set forth In this subparagraph, all Members hereby consent, and agree to execute any instruments reasonably requested to evidence such consent, to transfer of all or any portion of a Membership Interest to an entity In which a Member has a controlling Interest or any entity in which the controlling Interest is owned by a member or members of the Immediate family of a Member The immediate family of a Member shall be deemed to Include parents, spouse, children and grandchildren Any transfers pursuant to this sub -paragraph shall be upon the condition that the transferring Member shall remain obligated to personally guarantee the refinancing of any loans of the Company existing at the time of such transfer of Membership Interest In the event the lending Institution, from whom the commitment to refinance the loan has been given, Is unwilling to accept pro-rata limited personal guarantees of the remaining Members (c) (1) Any Member who desires to transfer all or any portion of his/Its Membership Interest (a 'Transferring Member") shall firstsubmitawritten offerto sell such portion of his/its Membership Interest to the Companyat the same price and upon the same terms of payment as the Member Is willing to accept from a third party buyer Every written offer submitted to the Company in accordance with the provisions of this paragraph shall continue to be a binding offer to sell until expressly rejected by the Manager, acting pursuant to a resolution formally adopted by all the Members, excluding the Transferring Member, or rejection of such offer or until the expiration of a period of thirty (30) days after delivery of such offer to the Company, whichever time is earlier Upon delivery to the Company of any written offer submitted In accordance with the provisions of this paragraph, the Manager, acting before the termination of the 13 offer and pursuant to a resolution formally adopted by all Members, excluding the Transferring Member, may bind the Company to purchase all or any portion of the Membership Interest so offered (ii) Upon termination of the offer to the Company set forth above, the Transferring Member shall then submit to the other Members written offers to sell, at the same price and upon the same terms of payment previously offered to the Company, all or any portion of the Membership Interest not previously purchased by the Company Each such offer shall continue to he a binding offer to sell until expressly accepted or rejected by the offerees or until the expiration of twenty (20) days after Its delivery to the offeree, whichever time is earlier If any such offeree does not elect to purchase all of the Membership Interest offered to him/it, any other such offeree may purchase all or any portion of the unpurchased Membership Interest by giving the Transferring Memberwritten notice of his/Its election so to purchase not later than five (S) days after termination of the original offer to the offeree who did not elect to purchase such portion of the Membership Interest If more than one offeree exercises this election to purchase an unpurchased portion of Membership Interest, such portion ofthe Membership Interestshall be divided between or among such offerees In proportion to thelrthen respective Membership Interests (lit) Everywntten offer submitted In accordance with the provisions of these sub -paragraphs shall specifically name the person, persons or entity to whom the Transferring Member intends to transfersuch Membership Interests, and the portion of such Membership Interest Intendedto be transferred, together with the purchase price therefore, terms of payment and other terms upon which the Intended transfer Is to be made, upon the expiration of such written offers and the five day period provided for in subsection (h), above, the Transferring Member shall, for aperlod of three (3) months thereafter, be free to transfer any unpurchased portion ofthe Membership Interest to the person, persons or entityso named at the price and upon the terms as previously disclosed, provided, however, such transferee shall be bound by the terms and conditions of this Operating Agreement —1-03 Rights of Transferee Unless -and -until-admitted-as a -Member of -the Company In accordance with Section 10 4, the transferee of a Membership Interest shall not be entitled to any of the rights, powers, or privileges of a Member, except that the transferee shall be entitled to receive the distributions and allocations to which the Member would be entitled but for the transfer of his Membership Interest 104 Admission of Transferees as Members A transferee of a Membership Interest may be admitted as a Member of the Company upon furnishing to the Company all of the following (a) The written consent of all the Members, which consent shall be given for any transfers pursuant to Section 10 2(b), (b) The acceptance, in a form satisfactory to the Manager(s), of all the terms and conditions of this Agreement, and (c) Payment of such reasonable expenses as the Company may Incur In connection with his admission as a Member 10 S Admission of New Members Except as provided in Section 10 2 (b), New Members to the Company may only be admitted with the unanimous consent of the Members, upon compliance with all terms specified by the Manager(s) and upon recelpt by the Company of an opinion of counsel, satisfactory In form and substance to the Manager(s), that neither the offering nor the proposed sale of the Membership Interest will violate any Federal or applicable state securities law and that neither such offering or sale will adversely affect the Company from being tax purposes taxed as a partnership for Federal income ARTICLE XI - DISSOLUTION AND TERMINATION 11 1 Withdrawal Except 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 14 retiring orwithdrawing in contravention of this Section 11 1 shall indemnify, defend and hold harmless the Company and all other Members (other than a Member who is, at the time of such withdrawal, In default under this Agreement) from and against any losses, expenses, Judgments, fines, settlements or damages suffered or Incurred by the Company or any such other Member arising out of or resulting from such retirement or withdrawal 11 2 Dissolution (a) The Company shall be dissolved upon the first of the following to occur (1) Upon the election to dissolve the Company by all of the Members, or their designee, 01) Upon the happening of any event ofwithdrawaI (as defined In the Act) wit h respect to any Member, unless there Is at least one remaining Member and the business of the Company is continued by the written consent of the Manager(s) or the written consent of all the remaining Members within ninety (90) days of the action by or affecting the withdrawing Member, or (III) The 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, thebusimss and affairs df th@"Company shall terminate and be wound up, and the assets of the Company shall be liquidated under this Article XI (c) Dissolution of the Company shall be effective as of the day on which the event occurs giving rise to the dissolution, but the Company shall not terminate until there has been a winding up of the Company's business and affairs, and the assets of the Company have been distributed as provided In Section 11 3 (d) Upon dissolution of the Company, the Manager(s) may cause any part or all of the assets of the Company to be sold in such manner as the Manager(s) shall determine in an effort to obtain the best prices for such assets, provided, however, thatthe Manager(s) 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 Manager(s) shall cause Articles 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 reflectthe dissolution of the Company 11 4 Distribution of Assets Upon Dissolution In settling accounts after dissolution, the assets of the Company shall be paid in the following order (a) First, to creditors, in the order of priority as provided by law, except those to Members on account of their Capital Contributions, (b) Second, an amount equal to the then remaining credit balances in the Capital Accounts of the Members shall be distributed to the Members In proportion to the amount of such balances, and (c) Third, any remaindershall be distributed tothe Members of theCompany, pro rata, to their respective Membership Interests 15 11 5 Distribution in Kind If any assets of the Company are distributed in kind, such assets Shall be distributed to the Members entitled thereto as tenants -in -common in the same proportions as the Members would have been entitled to cash distributions If such property had been sold for cash and the net proceeds thereof distributed to the Members In the event that distributions in kind are made to the Members upon dissolution and liquidation of the Company, the Capital Account balances of such Members shall be adjusted to reflect the Members' allocable share of gain or loss which would have resulted If the distributed property had been sold at its fair market value ARTICLE XII - MISCELLANEOUS PROVISIONS 121 Competing Business Except as otherwise expressly provided in this Agreement or the Act, neither the Manager(s) nor the Members, nor any of their shareholders, directors, officers, employees, partners, agents, family members or affiliates, shall be prohibited or restricted in anyway from investing In or conducting, either directly or indirectly, and may Invest in and/or conduct, either directly or indirectly, businesses of any nature whatsoever, Including the ownership and operation of businesses or properties similar to or in the same geographical area as those held by the Company Except as otherwise provided in this Agreement or the Act, any Investment in or conduct of any such businesses by any such person or entity shall not give rise to any claim for an accounting by any Member or the Company or any right to claim any interest therein or the profits therefrom 122 Member Representations and Agreements Notwithstanding anything contained In this Agreement to the contrary, each Member hereby represents and warrants to the Company, the Manager and to each otherthat (a) the Membership Interest of such Member is acquired for Investment purposes only, for-the-Member's-own account, -and -not with aview-to or In connection with any distributibn, reoffer, resale or other disposition not In compliance with the Securities Act of 1933, as amended, and the rules and regulations thereunder (the "1933 Act") and applicable state securities laws, (b) such Member, alone or togetherwith the Member's representatives, possesses such expertise, knowledge and sophistication In financial and business matters generally, and in the type of transactions in which the Company proposes to engage in particular, that the Member is capable of evaluating the merits and economic risks of acquiring and holding the Membership Interest and the Member is able to bear all such economic risks now and In the future, (c) such Member has had access to all of the Information with respect to the Membership Interest acquired by the Member underthis Agreement that the Member deems necessary to make a complete evaluation thereof and has had the opportunity to question the other Members and the Manager (If any) concerning such Membership Interest, (d) such Member's decision to acquire the Membership Interest for Investment has been based solely upon the evaluation made by the Member, (e) such Member is aware that the Member must bear the economic risk of an investment in the Company for a indefinite period of time because Membership Interests have not been registered under the 1933 Act or under the securities laws of various states and, therefore, cannot be sold unless such Membership interests are subsequently registered underthe 1933 Act and any applicable state securities laws or an exemption from registration Is available, (0 such Member is aware that only the Company can take action to register Membership Interests and the Company is under no such obligation and does not propose to attempt to do so, (g) such Member Is aware that this Agreement provides restrictions on the ability of a member to sell, transfer, assign, mortgage, hypothecate or otherwise encumber the Member's Membership Interest, (h) such Member agrees that the Member will truthfully and completely answer all questions, and make all covenants, that the Company or the Manager may, contemporaneously or hereafter, ask or demand for the purpose of establishing compliance with the 1933 Act and applicable state securities laws, and (1) if that Member is an organization, that it is duly organized, validly existing, and In good standing under the laws of its state of organization and that It has full organizational power and authority to execute and agree to this Agreement and to perform its obligations hereunder 123 Notice (a) All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing (b) All notices, demands and requests to be sent to any Manager or Member pursuant to this Agreement shall be deemed to have been properly given or served if addressed to such person at the address as It appears on the Company records and (1) personally delivered, (11) deposited for next day delivery by Federal Express, or other similar overnight courier services, (111) deposited In the United States mail, prepaid and registered or certified with return receipt requested or (iv) transmitted via telecopier or other similar device to the attention of such person with receipt acknowledged (c) All notices, demands and requests so given shall be deemed received (1) when actually received, if personally delivered, deposited for next day delivery with an overnight courier or telecopled, or (i1) as Indicated upon the return receipt If deposited in the United States mail (d) The Manager(s) and Members shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses by delivering to the other parties written notice of such change in the manner prescribed in Section 12 3(b ) (e) All distributions to any Member shall be made at the address at which notices are sent unless otherwise specified in writing by any such Member 124 No Action No Member shall have any right to maintain any action for partition with respect to the property of the Company, 12 5 Amendments This Agreement or the Articles of Organization may only be amended or modified by a writing executed and delivered by each of the Members- - 12 6 Power of Attorney Each Member hereby makes, constitutes and appoints each elected Manager as may be serving from time to time, severally, with full power of substitution, as the Member's true and lawful attorney -in -fact, for such Memberand In such Member's 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, or dissolution and termination are in accordance with the terms of this Agreement The foregoing power of attorney Is a special power of attorney coupled with an Interest, Is Irrevocable and shall survive the death or legal Incapacity of each Member It may be exercised by any one of said attorneys by listing all of the Members executing any instrument over the signature of the attorney -in -fact acting for all of them The power of attorney shall survive the delivery of an assignment by a Member of the whole or any portion of his Membership Interest In those cases In which the assignee of, or the successor to, a Member owning 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 Manager(s) to execute, acknowledge and file any instrument necessary to effect such substitution This power of attorney shall not be affected by the subsequent Incapacity or mental Incompetence of any Member 12 7 Governing Law, Arbitration This Agreement Is made in Onslow, County, North Carolina, 17 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 to connection with this Agreement or the breach thereof shall be decided by arbitration to be conducted In Onslow County, North Carolina in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association, and judgment thereof may be entered in any court having jurisdiction thereof 128 Entire Agreement This Agreement, including all schedules tothis Agreement, asamended 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 129 Waiver No consent or waiver, express or implied, by any Member to or for any breach or default by any other Member in the performance bysuch other Member of his or Its obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other breach or default In the performance by such other Member of the same or any other obligations of such other Member under this Agreement Failure on the part of any Member to complain of any act or failure to act of any of the other Members or to declare any of the other Members in default, regardless of how long such failure continues, shall not constitute a waiver by such Member of his or Its rights hereunder 12 10 Severability if any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and the Intent of this Agreement shall be enforced to the greatest extent permitted by law 12 i1 Binding Agreement Subject to the restrictions on transferability set forth in this Agreement, this Agreement shall mureto the benefit ofand be binding upon-thyubderslgned-Memiders and their respective legal representatives, successors and assigns 12 12 Tense and Gender Unless the context clearly Indicates otherwise, the singular shall include the plural and vice versa Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, this Agreement shall be read as if the appropriate gender was used 12 13 Captions Captions are Included solely for convenience of reference and if there is any conflict between captions and the text of this Agreement, the text shall control 12 14 Benefits of Agreement Nothing in this Agreement expressed or implied, is intended or shall be construed to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Members and the Company 12 15 Counterparts This Agreement may be executed in multiple counterparts, each of which shall he deemed an original for all purposes and all of which when taken together shall constitute a single counterpart Instrument Executed signature pages to any counterpart Instrument may be detached and affixed to a single counterpart, which single counterpart with multiple executed signature pages affixed thereto constitutes the original counterpart Instrument All of these 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 18 IN WITNESS WHEREOF, the undersigned, being the Initial Manager, and all of the Members of the Company, have caused this Agreement to be duly adopted by the Company as of the 25th day of May, 2007, and do hereby assume and agree to be bound by and to perform all of the terms and provisions set forth In this Agreement The undersigned Members do further consent to the appointment of the Manager and successor Manager set forth in this Agreement CHUN HOI FUNG - MEMBER v ) 1-L EN CHIK CHEUNG - MEMBER HONG DKWU - MEMBER JOHN R RCE - MEMBER The Undersigned hereby -consents to his appointment as Manager In accordancE w1th the terms of the foregoing Operating Agreement /-��.v--moo ' HOIFUN - MANAGER —� f G' Name and-Add of Members. - ,Chun H6i Fungi 722 Lynchburg Drive Jacksonville, NC 28546 Yuen Chlk Cheung 371 Royal Bluff Road Jacksonville, NC 28540 Hong Da Wu 103 Whitby Court Jacksonville, NC 28540 John L. Pierce 409Johnson Boulevard Jacksonville, NC 28540 TOTAL As of the 25`h day of May, 2007 Initial and/or Acquired Capital Contribution 20 Membership Interest 31 67% 31 67% 31 67% 499 u uxe .msomr y-nesva e. rrer. r-truss vc — u x - ¢s.v � corn r•ra— v-esao tart -- �•�rrra�r.ca �c�r.—ate-ems errs �srs r t-u we v x Nlvn. ee ¢•i yr � am X•w usn rrn ours m.cr r t: 4r4ran� ) N 4 R Melt avcv men v vmw cum rare. �. x••IIev �s. msr+sry �m"¢w.m� v wren gars 14¢ Wi. my r• - nn .¢6IgM.a am �q—an DEiML 4 M r.� ® JtQ✓ Xaorare°r'vi �� ❑ Ni+rvKvi.°s :�mxie'.v."'ierun® ❑ s. v vu a o.uri .¢r: vr�vo..m 'r' wvv'xry si m.m rnm. v ur '��smv. r. m¢irvvrr .veroux sae avm iri�ir.M rns vac vw M . wrens. a r ¢ v . mns area+ El mna® vvXa. a e� ®.0 m x n.na v asma ❑ 4 �r x a�v;.ru sr.ai a m arXx.a a vw vx.v.osrumxmv i�'vrnmr M m rv+mn mv.Xo v ao" "�er vs x •r® umr qpt(� � /Lccm4l6 P A Aarvaa vn osa ¢�v zero wee v v® wu .a�.rsw aw +�amxivr. Xe sw rrnc no-sa-veoo ws vu i4 �'r vw[. r - n ra x4 x ie ..� pXeSXl RE XNE M QM NWIOI cw,Pwc Kc r��� is r V-sla JUL 2 0 2011 BY Y ems yr mw� war. s- eT mR mi is vrPv avn us n� a — as ac.S HCSR IJOB (QL Oxq mu[ v a� maa m�i � v�IIl� Cewm m.q 1R.Lf1 M !f J cr J � • VAeM k uunu� � 1 �53 +233' SIIdeM-1o7 xwv Pxx.as.. moo. '�.srm mw m: rp t' Q �Pm.Q Y.�I�IppON Yv6 wma S rr C �Olm ➢C mYy� IlV 6P.��ilw@Qry�f ,af 13 Q / ®xCQ. mt.b •d Re�yQ P �i li>xtIIr�x�ai_> q.Y i.�TnO'IYIIP.mii av6C a..oan,nx.� / R•Inaemauxl¢omsII.E os I m'pi.ml�'smeemwa� s x ism elabPiv err ��w®�ammOn st .� !� RL IIMIe M OY 9bW� OETK w (RAPBiC muP aka L _ — r au- a Back 53 Page 233 7-1-la Mm -YJ N OL(p :r rw- uMn @y Aw � °° t S 11,1011 0 N rp�e�iSS r `BeSreSle I SS�1+:Ssr I I I I i rflaa�aaa� �m i I7laaaaaas ��� leeeeeeoee I I I I I HO Ijl °7frfCe$SS°eta,11�1iS! !I]Sill'I�f 1 II yatieeee»eea99E�e99l999 e I Drainage Area Summary This map shows the 3 lots and the 2 BMPs these areas drain to Below is a detail of each drainage area DA #1 DA #2 Lot # / Description CvS 06 Lot ##1 Lot #2 Lot #3 Totals FNV8P 58d Farms Hot BNP 1.75 175 135 100 7 75 1185 , Total Lot Size Acres by D A. 117 058 135 100 039 332 Sq.Ft by D A 50,%5 25,265 58,806 43,560 16,875 144,506 Actual DrainaEe to BNPs 16,875 16,875 DA on -site 45,463 5,321 - 25,265 - 52,530 33,3% - 111,191 DA off -site 50,784 25,265 52,530 33,3% 16,875 128,066 Imp on -site 32,659 3,678 - 22,429 - 47,240 - 29,584 99,253 Irrp off -site 36,337 22,429 47,240 29,E - 99,253 %ItTpeMoustOD!# 72 % 89% 90% 89% 0% 78% %Irrpennous to Total Lot 71% 89% 80"/° 68% 0% 69% North Carolina ? � ; Elaine F Marshall ©ERARTMENT OFTtiE Secretary SECRETARYOFTATE w- PO Box 29622 Ralegh NC 2762F�0622 (9t9)807.2000 Date 6202011 Click here to View Document Filings I Sign Up for E-Notifications 11 Pre -populated Annual Report Fillable PDF Form I File an Annual Report I Corporation Names Name Name Type NC F C W & P LEGAL PROPERTIES, LLC Limited Liability Company Information SOSID 0918176 Status Current -Active Effective Date 5125t2007 Dissolution Data Annual Report Due Data Citizenship DOMESTIC State of Inc NC Duration PERPETUAL Annual Report Status CURRENT Registered Agent Agent Name FLING CHUN HOI Office Address 722 LYNCHBURG DR JACKSONVILLE NC 28546 Mailing Address 722 LYNCHBURG DR JACKSONVILLE NC 28546 Principal Office Office Address 722 LYNCHBURG DR JACKSONVILLE NC 28546 Mailing Address 722 LYNCHBURG DR JACKSONVILLE NC 28546 Officers Title MANAGER Name YUEN CHIK CHEUNG Business Address 722 LYNCHBURG DR JACKSONVILLE NC 28546 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system Version 230 http //www secretary state nc us/corporahons/Corp aspx?Prtem(d=8216530 620201 I Ft,r--, 6W3 Ilo It x SuJQ� o�(ogo�m� �csT t� i tract (l� �e.r tin t t 4e�( �wlccx sw B o�o�cS�-l) CVS/pharmacy — Gum Branch Road Store Wetland #2 Operations and Maintenance Plan Constructed Wetland #2 implemented as part of the CVS/pharmacy — Gum Branch Road Store project has been designed to perform specific water quality and water quantity functions and must be maintained in proper working order in order to perform those functions This Operations and Maintenance Plan contains detailed descriptions of maintenance procedures, potential maintenance needs, and proper recording of observations/maintenance Important initial maintenance procedures Immediately after the stormwater wetland is established, the wetland plants will be watered twice weekly if needed until the plants become established (commonly six weeks) No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish the wetland plants Stable ground cover will be maintained in the drainage area to reduce the sediment load to the wet detention basin 4 This wetland is an incised pond and has no dam but the periodic inspections need to include inspection of the device for signs of bank or wall stability issues 5 Maintenance operations shall be performed using hand tools to the maximum extent practical Forebays may be cleaned out using heavy-duty machinery only as accessible from paved areas Inspections Schedule 1) Maintenance Inspections Basins shall be visually inspected by a qualified professional engineer, or other qualified party assigned by and trained by the responsible party, quarterly and after every significant runoff producing rainfall event (1" rainfall depth in 24 hours) These inspections are intended to identify more obvious maintenance needs early on in order to provide early corrective actions All maintenance inspections reports shall be kept on file in a known set location by the responsible party and made available to NCDENR or the Town of Jacksonville upon request 2) Annual Inspections Basins shall also be formally inspected by a qualified professional (professional engineer or trained stormwater management specialist) on an annual basis These inspections are intended to provide a more thorough assessment of the facility than otherwise included in the quarterly observations All annual inspections reports shall be kept on file in a known set location by the responsible party and made available to NCDENR or the Town of Jacksonville upon request Constructed Wetland Inspection Requirements 't I ZOO" h>Me- 1) Embankment / Walls (if applicable) The embankment/retaining walls shall be inspected for signs of distress that jeopardize the stability of the embankment or otherwise indicate significant problems These include such items as erosion, loss of vegetated cover, excessive settlement, cracks/sloughs, woody plant growth, rodent intrusion, or other items pertinent to a specific design 2) Spillways/Outlet Works All spillways and outlet works shall be inspected, as applicable, for accumulation of debns/trash/sediment, alignment of pipe, spillway lining, erosion, clogging, leaking, soil piping, or other signs of distress 3) Forebay Pretreatment Devices All forebays or other pretreatment devices shall be inspected for accumulation of sediment, trash, and debris 4) Vegetation Vegetative cover shall be evaluated for the entire wetland area Evaluation of vegetation shall consider plantings within the wetland area as well as along all embankments and spillways Until fully established (about 2 to 3 years), plantings may need to be watered during dry periods, and perhaps even under normal rainfall conditions Pruning of plants maybe required based upon plant selection and aesthetic considerations If specific plant species are consistently showing a high mortality rate, it may be necessary to replant with acceptable alternative species that are more tolerant to the actual conditions In most cases, the nutrient loads associated with the inflow into the wetland area will be relatively high and fertilization and pesticides will not be needed within the wetland area itself Perimeter vegetation along the dam and embankments may need occasional treatment, as needed Maintenance of Vegetation Maintenance Instructions Activity Replacement of All dead plants should be removed and disposed of Before vegetation that Dead Plants has failed on a large scale is replaced, the cause of such failure should be investigated If the cause can be determined, it should be eliminated before any reinstallation Fertilization The objective of fertilizing at a BMP is. to secure optimum vegetative growth rather than yield (often the objective with other activities such as farming) Infertile soils should be amended before installation and then fertilized periodically thereafter, if needed Fertilizer can be composed of minerals, organic matter (manure) compost, green crops, or other materials Irrigation/ Watering of the vegetation can often be required during the germination and Watering establishment of the vegetation, as well as occasionally to preserve the vegetation through drought conditions This can typically be accomplished by pumping water retained in the BMP or from the stream, installing a permanent irrigation system or frost -proof hose bib, or usm ortable water IVIAR 3 ' /i I,K trucks Mulching Mulching should be used to maintain soil temperature and moisture, as well as site aesthetics A one -inch layer is typically adequate Ideally, mulch should be removed before winter to prevent an infestation of rodents Weeding Weeding is often necessary in the first growing season, particularly if herbaceous grasses are out -competing the young woody vegetation growth The need for weeding may be largely eliminated by immunizing the amount of seed used for temporary erosion control Weeding may also be required if, over time invasive or undesirable species are entering the site and outcompeting plants that are specifically involved in the treatment of the stormwater Include note not to use pesticides Cultivating/Hoeing Hoeing is often required to loosen overly compacted soil and ehrmnate weeds that compete with the desirable vegetation Pruning Pruning is used to trim to shape and remove dead wood It can force single shoot shrubs and trees to assume a bushier configuration Thinning Thinning dense brush may be necessary for particular species to thrive, increase the vigor of individual specimens, to reduce flow obstructions, and to increase the ability of maintenance staff to access the entire BMP Tall maturing trees, for the most part, have no place in a BMP (except for buffers) and should be removed as soon as possible Staking Saplings of tall trees planted in or near the BMP may require staking Care should be taken not to damage the tree's roots with stakes Stakes should be kept in place for 6 to 18 months, and the condition of stakes and ties should be checked periodically Wound Dressing The wounds on any trees found broken off or damaged should be dressed following recommendations from a trained arborist Disease Control Based on monitoring observations, either insecticides or (preferably) organic means of pest and fungal control should be used Protection from Fencing and signage should be installed to warn pedestrians and to prevent Animals and damage due to trampling These measures are often most necessary during Human Foot the early phases of installation but may be required at any time Measures Traffic for controlling human foot traffic include signs, fencing, floating log barriers, impenetrable bushes, ditches, paths, and piled brush Wildlife damage is caused by the animals browsing, grazing, and rubbing the plants The use of chemical wildlife repellents should be avoided Fences and meshes can be used to deter entry to the BMP Tree tubes can be used to prevent damage to individual specimens Mowing Mowing of perennial herbaceous grasses and wildflowers, especially once seed heads have set, promotes redistribution of seed for this self-sustaining system Mowing should be carefully controlled, however, especially when performed for aesthetics As adjacent propertv owners and customers in general learn more about BMPs, their vision of what is aesthetically pleasing can change MAP '„''? GENERAL WETLAND MAINTENANCE BMP element Potential problem How to remedy the problem The entire BMP Trash/debris is present Remove the trash/debris The perimeter of the Areas of bare soil and / or Regrade the soil if necessary to remove the wetland erosive gullies have gully, and then plant a ground cover and formed water until it is established Provide lime and a one-time fertilizer application Vegetation is too short or Maintain vegetation at a height of too long approximately six inches The inlet device The pipe is clogged Unclog the pipe Dispose of the sediment pipe or Swale off -site The pipe is cracked or Replace the pipe otherwise damaged Erosion is occurring in the Regrade the Swale if necessary to smooth it Swale over and provide erosion control deN ices such as reinforced turf matting or riprap to avoid future problems with erosion Forebay Sediment has accumulated Search for the source of the sediment and and reduced the depth to remedy the problem if possible Remove 75% of the original design the sediment and dispose of it in a location depth where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems Weeds are present Remove the weeds, preferably by hand If a pesticide is used, wipe it on the plants rather than spraying The deep pool, Algal growth covers over Consult a professional to remove and shallow water and 50% of the deep pool and control the algal growth shallow land areas shallow water areas Cattails phragmutes or Remove the plants by wiping them with other invasive plants cover pesticide (do not spray) — consult a 50% of the deep pool and professional shallow water areas Shallow land remains Unclog the outlet device immediately flooded more than 5 days after a storm event Plants are dead diseased or Determine the source of the problem soils, dying hydrology, disease, etc Remedy the problem and replace plants Provide a one- MbNr, 1 y lOOR time fertilizer application to establish the ground cover if a soil test indicates it is necessary Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health Sediment has accumulated Search for the source of the sediment and and reduced the depth to remedy the problem if possible Remove 75% of the original design the sediment and dispose of it in a location depth of the deep pools where it will not cause impacts to streams or the BMP The embankment A tree has started to grow Consult a dam safety specialist to remove on the embankment the tree An annual inspection by an Make all needed repairs appropriate professional shows that the embankment needs repair Evidence of muskrat or Use traps to remove muskrats and consult a beaver activity is present professional to remove beavers The micropool Sediment has accumulated Search for the source of the sediment and and reduced the depth to remedy the problem if possible Remove 75% of the original design the sediment and dispose of it in a location depth where it will not cause impacts to streams or the BMP Plants are growing in the Remove the plants, preferably by hand If a nucropool pesticide is used, wipe it on the plants rather than spraying The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is Repair or replace the outlet device damaged The receiving water Erosion or other signs of Contact the NC Division of Water Quality damage have occurred at 401 Oversight Unit at 919- 733-1786 the outlet Constructed Wetland Maintenance Requirements All routine maintenance shall be performed within 60 days of inspection citing maintenance needs unless circumstances necessitate for health or safety reasons that maintenance must be completed on an accelerated schedule dir-1P - 1 / Oc .5vja ��o8a4 m6 Operations and Maintenance Log Inspection Maintenance Date Date By By Last Rainfall (date and amount) Last Rainfall (date and amount) Today's Weather Today's Weather BMP element Status Maintenance Completed Maintenance Required Y N Maintenance Completed Y N Description Comments Entire BMP Maintenance Required Y N Maintenance Completed Y N Inlet Device Description Comments Pipe or Swale Maintenance Required Y N Maintenance Completed Y N Forebay Description Comments -brup2 Mamtenance Required Y N Maintenance Completed Y N Description Comments Vegetated Areas Maintenance Required Y N Maintenance Completed Y N Description Comments Maui Treatment Area Maintenance Required Y N Maintenance Completed Y N Description Comments Embankment Maintenance Required Y N Maintenance Completed Y N Description Comments Outlet Device Maintenance Required Y N Maintenance Completed Y N Description Comments Receiving Water Comments (include date and initials) Z00I Operations and Maintenance Agreement S"Og C)gCYB04rn0 .J>roP 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 prior to any changes to the system or responsible party Project Name CVS / pharmacy — Gum Branch Road Store BMP Drainage Area I Project Name CVS / pharmacy — Gum Branch Road Store BMP Drainage Area 1 SCP 2007-C27-080LLC By Member Revco Discount Drug Centers, Inc Print Name Zenon Lankowsky Title Address Phone Signature Date a Notary Public for the State of Rbo d_a 1 s h-a0 , County of �rw dw LA , do hereby certify that If r\ (A I LQr.Kct,)'Sk�4 personally appeared before me this 1041 day of bur (A 2008 and acknowl dge due execution of the foregoing instrument Witness my hand and official seal, ft c NIA ✓(� Seal My commission expires all(` Dawn M Allard _ Notary Public State of Rhode Island nmfsson Expires 06/22/2011