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HomeMy WebLinkAboutSW7110608_HISTORICAL FILE_20110628STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD I� JUN 28 2011 AASSOCIA& UVV'�WARD June 23, 2011 Mr. Scott Vinson SW Express Environmental Engineer Washington Regional Office NCDENR — Division of Water Quality 943 Washington Square Mall Washington, North Carolina 27889 Re: Alderbrook Pointe Multi -family Housing 7.55 Acre Parcel Out of Eskridge Crossing (Little Washington Park, LLC) N. Pierce Street Extension — Washington, NC Dear Mr. Vinson: Please accept the attached Stormwater Management Permit Application and attachments for the proposed referenced high density project. Our site plan incorporates a Wet Detention Basin to treat stormwater.from the site prior to discharging from the site and is described in the attached Project Narrative. The Site Plan has been approved by the Washington City Council and the "Stormwater Detention Pond" calculations have been approved by the City of Washington Public Works Department. The project parcel is current owned by Little Washington Park, LLC and is under contract for purchase and development by my client, Alderbrook Pointe, LP. Alderbrook Pointe will own, operate, and manage the project, consisting of sixty-four (64) units in six (6) buildings with a clubhouse and amenity site. The application attachments include the following: 1 . Stormwater Management Permit Application — original and one (1) copy 2. Application Fee Check - $505.00 3. Project Narrative (signed and sealed) — original and one (1) copy 4. Site Plan (dated June 1, 2011) —two (2) sets 5. Operation and Maintenance Agreement (signed and notarized) — original and one (1) copy 6. Stormwater Detention Pond Runoff & Routing Calculations for Existing and Proposed Conditions (dated May 7, 201 1) — one (1) signed and sealed copy 7. USGS Quad Map, "Washington, NC — 2010" — one (1) copy plotted in color with Site outlined in red 133 Lockhart Drive o Beaufort, NC 28516 a Voice: 252-838-1221 a Fax: 252-838-1227 o Web: riceassociatespllc.com ' Steve Rice, P.E. I 133 Lockhart Drive Beaufort, North Carolina 28516 I('] , is 252.838.122 a��j F: 252.838.1227 C: 252.732.6688 RICE& [moil: stave.rice@riceassociatesplic.com Website: riceassociatespllc.com ASSOCIATES Site Civil 8 Municipal Engineering • Planning Mr. Scott Vinson, SW Express Environmental Engineer Washington Regional Office, NCDENR — Division of Water Quality Alderbrook Pointe Multi -family Housing Stormwater Permit Application 7.55 Acre Parcel Out of Eskridge Crossing (Little Washington Park, LLC) June 23, 2011 Page 2 of 2 8. Soils Reports — one (1) copy each of Exhibit 1 — Subsurface Investigation Report, Exhibit 2 — Porosity Data, and Exhibit 3 — Seasonal High Water Table Determination 9. Wet Detention Basin Supplement (signed and sealed) — original and one (1) copy including Checklist 10. Alderbrook Recorded Plat — one (1) copy showing the 7.55 acre parcel, N. Pierce Street extension right-of-way, and associated drainage and construction easements 11. Alderbrook Pointe Deed — one (1) copy 12. Alderbrook Pointe LLC Documentation — one (1) copy 13. Owner/Developer Land Purchase Agreement — one (1) copy 14. Wetlands Exhibits — Eskridge Crossing Master Plan Drawings C-2 & C-4 by EDA, po (none exist on the subject site) Should you require any additional information or clarification of attachment contents please contact me as provided below. You may also reach me on my cell phone — 252-732-6688. Very Truly Yours, RICE & ASSOCIATES, Rice, P.E. W/attachments CC: Cheryl Steigerwald, The NRP Group Harrison Ellinwood, EDA pa ` EM= STORMWATER MANAGEMENT PLAN NARRATIVE JUN 28 2011 ALDEREIROOK POINTE MULTI -FAMILY DEVELOPMENT Washington, North Carolinas ill„ ft The proposed project, Alderbrook Pointe, is a multi -family housing development consisting of six buildings containing sixty-four units, plus a clubhouse with recreational areas, on a 7.55 acre parcel of land within the Eskridge Crossing (Little Washington Park, LLC) mixed use development, which is currently undeveloped and located within the city limits of Washington, North Carolina. Access to the development will be provided by a 470 foot extension of N. Pierce Street, a 37-foot wide street within a 60-foot wide public right-of-way, approximately 1,000 feet north of W. 15'h Street Site Plan approval was recommended by the City of Washington Planning Board on February 22, 2011 and approved by City Council on March 14, 2011. The Stormwater'Plan and Report (nutrient removal and hydraulics) was approved by the City of Washington Public Works Department on April 27, 2011 via email correspondence. Stormwater runoff from the site will be collected by a series of inlets and area drains connected to an underground stormwater piping system that will empty into a wet detention pond (BMP) designed to meet the Tar -Pamlico Stormwater Rules, including 90% removal of total suspended solids (TSS) per NCDENR- DWQ Stormwater Management Practices Manual, Table 10-4. The proposed stormwater collection system, including the Wet Detention Pond, is shown on the Grading and Drainage Plan, Drawing C.3.0. The proposed BMP is detailed on the Wet Detention Pond & Details, Drawing C.4.0. A reduced copy of drawing C.4.0 is included in the attached copy of the Stormwater Detention Pond Runoff & Routing Calculations for Existing & Proposed Conditions (Report). Wet Detention Pond Plantings with appropriate construction notes are provided on Drawing C.4.1 and show plantings for the vegetated shelf around the perimeter of the Wet Pond. Soil borings and reports indicating the types of existing soils located on the site, including the soil porosity, and a determination of the seasonal high water table (SHWT) are provided in the attached Exhibits 1, 2, and 3 respectively. The existing site grade within the area of the Pond is approximately elevation 9.0 and the SHWT is approximately 12 inches below the existing grade. The Normal Pool Elevation of the Pond is set at elevation 8.0. The Pond was designed to accept and treat stormwater runoff from the site (7.55 acres) as well as 0.92 acres of the N. Pierce Street right-of-way (proposed = 0.35 acres and future = 0.57 acres) fronting the property for a total drainage area contributing to the Wet Pond of 8.47 acres. It was assumed that the future extension of N. Pierce Street would be of the same pavement cross section with a sidewalk as the proposed length to be constructed as part of the Project. Stormwater runoff from three offsite drainage areas will be collected and routed around the site within a proposed drainage swale that will empty into existing drainage swales downstream of the site as shown on the Off -site Drainage Area Map, Drawing C.3.5. A reduced copy of this drawing is also provided in the Report. Easements for the construction of the drainage swale were granted by the owner of the residual portion of the Eskridge Crossing (Little Washington Park, LLC) development, which is currently undeveloped. A copy of the Project Deed and the Recorded Plat showing the property, street rights -of - way, and easements are attached for reference. - SEAL 8293 `s -'L Z- I! JAZ T �1 rl oil \ Geotechnical and Construction Materials Testing Services September 17, 2010 Cheryl Steigerwald ALDERBROOK POINTE LP 5309 Transportation Boulevard Cleveland, OH 44125 Re: Report of Subsurface Investigation Alderbrook Pointe Development Washington, North Carolina GeoTechnologies Project No. 1-I0-0527-EA Dear Ms. Steigerwald: JUN 28 2011 GeoTechnologies, Inc. has completed the authorized investigation to evaluate subsurface soil conditions for the Alderbrook Pointe Development proposed for construction off Pierce Street in Washington, North Carolina. Subsurface conditions at the site were investigated by completing seven soil test borings and three dilatometer tests (DMT) at the approximate locations shown on the attached Figure 1. Boring results from a 2007 investigation which included the property were also reviewed, and three of the borings (labeled B-8 through B-10) were used to help provide two borings or DMT probes per building. The boring and DMT probe locations were established in the field by measuring distances from existing site landmarks, and therefore the indicated locations should be considered approximate. The most recent soil test borings were extended to depths of approximately 20 feet below site grade utilizing standard penetration test procedures at selected intervals to evaluate the consistency and density of the subsurface soils. The DMT probes were extended to depths of approximately 10 to 20 feet below site grade. This report presents the findings of our investigation and our recommendations concerning site grading and foundation support considerations for the proposed development. SITE AND PROJECT INFORMATION The proposed project will involve the construction of six apartment buildings and a clubhouse complex. At the time of our visit to the site, the property was cleared and undeveloped. A member of drainage ditches were observed on the property. These ditches were typically about 2 to 4 feet in depth, and some contained water. Based on a provided site plan, we anticipate that fills off less than 5 feet will typically be required, with cuts being minimal. GeoTechnologies was also not provided with any structural loading details; however, based on past experience with similar structures, we anticipate that column loads will be on the order of 75 kips or less, with wall loads in the range of 3 to 4 klf or less. 3200 Wellington Court, Suite 108 • Raleigh, North Carolina 27615 • Phone 919-954-1514 • Fax 919-954-1428 • www.geotechpa.com Alderbrook Pointe LP Alderbrook Pointe September 17, 2010 Page: 2 SUBSURFACE CONDITIONS Generalized subsurface profiles prepared from the test boring data are attached to this report as Figures 2A (new borings) and 2B (2007 borings) to graphically illustrate subsurface conditions encountered at this site. More detailed descriptions of the conditions encountered at the individual boring locations are then presented on the attached test boring records in Appendix A. Below a surface layer of topsoil, possible old fill, or disturbed soils with slight organics which did not exceed 4.5 feet in thickness, a majority of the borings encountered low to high plasticity clays or low plasticity silts or sands. These near surface materials exhibited penetration resistances of 6 to 21 blows per foot (bpf), with a resistance of 2 bpf in boring B-9 at about 4 feet. With depth, sandy soils (clean, silty, and clayey) were encountered to depths in the range of 6.5 to 14 feet. Penetration resistances within these soils were on the order of 3 to more than 20 bpf. Below these depths the borings encountered clayey soils with some shells exhibiting penetration resistances ranging from the weight of the driving hammer (WOH) to more than 10 bpf. A majority of the borings encountered sandy soils with shells below the clays prior to reaching the termination depth of 15 to 20 feet. Penetration resistances within these deeper sands were in the range of 16 to 32 bpf Boring B-9 was extended to a depth of 60 feet, and this boring encountered clean to silty sands to the boring termination depth. Penetration resistances within these soils were on the order of 13 to more than 50 bpf. Groundwater was typically encountered in the borings at depths in the range of 4 to 6 feet. Additionally, it should be noted that the near surface soils at the site are conducive to the temporary development of perched groundwater conditions during periods of wet weather, and that groundwater levels will fluctuate during different periods of the year. RECOMMENDATIONS The following recommendations are made based upon a review of the attached test boring data, our understanding of the proposed construction, and past experience with similar projects and subsurface conditions. Once site grading and structural plans become available, we would appreciate being provided with that information so that these recommendations may be confirmed, extended, or modified as necessary. Additionally, should subsurface conditions adverse to those indicated by this report be encountered during construction, those differences should be reported to us for review and comment. Site Grading. The soils at existing grade are moisture sensitive and will be difficult to compact during the wetter and/or cooler months of the year. To avoid delays during site grading operations, we recommend that earthwork activities be scheduled during a favorable (warn/dry) period of the year in order to facilitate site work. It is noted that our investigation was completed during a period of extended dry and warm weather, and it is likely that the conditions encountered by our borings represent a "best case" condition of the site with regards to near surface stability. Site grading should begin with the removal of all vegetation and topsoil from those areas designated for construction of building and pavement areas. Based on the results of the soil test borings, we anticipate that topsoil thicknesses will generally be less than 6 to 12 inches. Once stripping is completed, we recommend that any at grade areas or areas designated to receive fill be proofrolled with a partially loaded dump truck or similar piece of rubber tired equipment to identify areas necessitating additional repair. Hand auger borings should also be performed at that time to further evaluate near surface conditions. Any area found to be unstable in the opinion of the engineer should be undercut to firm bearing or be repaired as directed by the engineer. www.geotechpa.com j Alderbrook Pointe LP Alderbrook Pointe September 17, 2010 Page: 3 The near surface profile at this site exhibited variability, including some areas of soft soils, old fill or disturbed soils that contained a small percentage of organics, arid moderate to high plasticity clays. Based on these results, we anticipate that the need for near surface repair will also be variable, with some areas requiring little to no repair, and other areas requiring repairs that could extend to about 3 to 5 feet. We recommend that the individual building pads be staked in the field once site grading begins, and that the pads be evaluated with proofrolling and hand augers as discussed above. Repair recommendations should then be based on the results of those evaluations. Pavement areas should be evaluated in a similar manner; however, stabilization options in pavement areas are greater, and we would not anticipate that repairs of more than 3 feet would typically be needed. Where the depth of soft soil does not exceed approximately 8 inches, we anticipate that some of the repairs can be implemented by discing, drying, and then re -compacting the surface soils during a period of warm and dry weather. Where the depth of soft soils exceeds 8 inches, some initial undercutting, discing, drying, and then re -compaction will be necessary. In order to effectively dry the soils, the contractor will have to turn those soils approximately every 30 to 60 minutes utilizing a disc and a faun tractor, under favorable drying conditions. If this type repair is implemented, the contractor should also be prepared to smooth drum roll all disked areas at the end of the day and prior to anticipated rainfalls in order to reduce the potential for saturating disturbed areas which are being worked. Although this type of repair will not eliminate the need for undercutting in all areas, it may help to reduce the undercut quantity if the contactor is adequately prepared with the proper equipment. This type of repair will be ineffective during wet and/or cold periods of the year. Borrow/Fill Placement. The on -site materials, excluding topsoil, highly plastic soils, and any unsuitable old fill, should be suitable for reuse as structural fill provided compaction moisture can be maintained near optimum. The contractor should be prepared to moisture condition the soils as necessary in order to achieve adequate compaction. Off -site borrow should consist of clayey or silty sands or low plasticity silts and clays having a Unified Soil Classification of SC, SM, ML, or CL. Fill soils should be compacted to not less than 95% of the standard Proctor maximum dry density, except in the final foot where this requirement should be increased to 98% of the standard Proctor maximum. Fill should be placed within 2% of optimum moisture content for stability. Some of the deeper soils at this site are compressible, and we recommend that settlement points be established within the limits of the building pads to determine when fill induced settlements have subsided if grade will be raised by more than 3 feet. Fill induced settlements should be allowed to subside before building construction begins. Groundwater. Our borings suggest that groundwater will be encountered at depths of about 4 to 6 feet. However, site conditions are such that groundwater levels may be significantly higher during wetter periods of the year. Several open drainage ditches are located on the site, and the presence of these ditches suggests that gravity drainage is needed during wetter periods of the year to help maintain dry working conditions. Based on these considerations, the contractor should be aware of the potential need to maintain these or other ditches during site grading. Foundation Support Considerations. The results from DMT-1, DMT-2, and DMT-6 (Appendix B) were used to estimate settlements for column and wall loads. The DMT data indicates that column loads of about 100 kips will result in total settlements of about 1 inch for a design bearing pressure of 2,000 psf Wall loads of about 6 klf are estimated to result in total settlement of about 1 inch. It is noted that these estimates do not include fill induced settlements which should be monitored as discussed previously, and they also assume that �..... � � www.geotechpaxom `' Alderbrook Pointe LP Alderbrook Pointe September 17, 2010 Page: 4 all required near surface repairs will be performed as directed. The estimated settlements should be reviewed by the structural engineer to determine if they are acceptable. Assuming that settlements are found to be acceptable, the proposed buildings may be supported on shallow spread footings designed for a bearing pressure of 2,000 psf subject to the restriction that column and wall loads have least dimensions of not less than 24 and 16 inches, respectively. These foundations may bear at nominal depth below finished exterior grade except that a minimum embedment depth of not less than 12 inches is recommended for frost protection. All footings should be carefully inspected and approved by a geotechnical engineer. Repairs associated with soft or highly plastic soils should be performed as directed by the engineer. If estimated settlements are not acceptable, the owner can consider using stone replacement techniques or preloading to reduce post -construction movements. Alternatively, consideration can be given to driving timber piles which we estimate will achieve a working capacity of 20 tons when driven to bear in the dense sands encountered in deeper 2007 borings at about 20 to 25 feet. Other pile or pier foundations could be considered as well, and we can provide further recommendations for these options if you desire to consider these alternatives. Slab -on -Grades. Approved soils or compacted structural fill will provide adequate support for conventional concrete slab -on -grades. A subgrade modulus of 100 pci may be used for design; however, no highly plastic soils should be present within the upper 12 inches if subgrade. We recommend placing 4 inches of compacted CABC over the subgrade soils once the pad is brought to grade. General Pavement Design Considerations. No information regarding possible traffic volumes and loadings was provided to GeoTechnologies. CBR testing in 2007 indicated that an appropriate CBR value for the near surface soils at this site would be on the order of 5%. However, this value does not apply to any high plasticity clays which should not be present within the tipper 12 inches of subgrade. If we can be provided with an estimate of traffic volumes and loadings, GeoTechnologies can provide appropriate pavement sections. The most important factors affecting pavement life in the area of the site are the condition of the subgrade immediately prior to base course stone placement and post construction drainage. We recommend that the subgrade of all pavement areas be proofrolled and that any yielding areas be identified and repaired prior to placement of the base course stone. All subgrade soils should be recompacted to a minimum of 98% of the standard Proctor maximum dry density immediately prior to base course stone placement where appropriate. As indicated, the soils at this site are very susceptible to becoming soft during periods of wet weather. If widespread instability is observed during subgrade proofrolling, we recommend pricing cement or lime stabilization as well as undercut and replacement. In our experience, chemical stabilization can provide a cost effective alternative to undercut, particularly when the soils being undercut are replaced with off -site materials. We recommend that all pavement areas be properly graded to promote run-off of water and to prevent pending of water on the pavement surface which can lead to eventual saturation of subgrade soils and the loss of pavement support. Permanent drainage swales and/or french drains should be installed on the uphill side of pavement areas to intercept and divert water. Strip drains should be provided within traffic islands to prevent stone and subgrade saturation. Miscellaneous Considerations. Below grade walls should be designed to resist a triangular lateral earth pressure distribution computed based on the assumption that the soils above the groundwater table behave as an equivalent fluid weighing 60 pcf for the at -rest condition. Materials below the groundwater table should be assumed to behave as an equivalent fluid weighing 90 pcf. In order for these values to be applicable, material VV\rC �, www.geoteohpaxom Alderbrook Pointe LP Alderbrook Pointe September 17, 2010 Page: 5 placed within 4 feet of the basement walls should be compacted to at least 95% of the standard Proctor maximum dry density with hand held rather than with heavy mechanized equipment. Highly plastic clays should not be used adjacent to the walls. Hydrostatic uplift should be taken into consideration for structures (such as the pool) which extend below the water table. If segmental unit retaining walls such as Keystone or Rockwood will be used, we suggest importing a select granular fill for use in the reinforced zone. Seismic Design. Based on the results of the test borings and our past experience in the area, this site is a seismic site class "D" under the building code. GeoTechnologies, Inc. appreciates the opportunity to have provided you with our services on this project. Please contact us if you should have questions regarding this report or if we may be of any further assistance. Sincerely, GeoTechnologies, Inc. rnest L. S�nger, P.E. NC Registration No. 25534 ELS/pr-ebb Attachments 1100527ea.doc 'r` www.geotechpaxom p(ER� ..:. DM' Alderbrook Pointe Raleigh, North Carolina ` �'�•` �•- • � b toe 7� SCALE: Not to Scale JOB No: 1-10-0527-EA FIGURE No: 1 POW �::•:.. �r�® v® r � Geotechnical and Construction Materials Testing Services September 27, 2010 Cheryl Steigerwald ALDERBROOK POINTE LP 5309 Transportation Boulevard Cleveland, OH 44125 Re: Porosity Data Alderbrook Pointe Development Washington, North Carolina GeoTechnologies Project No. 1-10-0527-EB Gentlemen: REGOV JUN 28 2011 y E-WARO GeoTechnologies, Inc. has completed laboratory porosity testing on undisturbed samples obtained from boring P-2 (Figure 1). Tests were run on samples obtained at 3 to 3.5 feet and 4 to 4.5 feet, and the results are only indicative of the porosity at those depths at this. location. The test results are attached to this report. GeoTechnologies, Inc, appreciates the opportunity to have provided you with our services on this project. Please contact us if you should have questions regarding this report or if we may be of any further assistance. Very truly yours, �Inologies, rnest L. Stitzinger, P.E. NC Registration No. 25534 L I-J 3200 Wellington Court, Suite 108 • Raleigh, North Carolina 27615 • Phone 919-954-1514 • Fax 919-954-1428 • www.geotechpa.com .aawR.— as �a :wwnw � Y ` C��'-µ`me 6 ton 7-V t _ �' aav_J •\ wF�'RO E 1-,gtAW- GeoTechnologies, Inc. Job Number: 1-10-0527-EA Job Name: Alderbrook Pt. 22-Sep-10 sample I.D. P-2 Depth: 3-3.5 Soil Description: Gray Sandy Silty Clay SAMPLE DATA Type Remolded Undisturbed Standard Proctor(ASTM D-698) () Maximum Dry Density Ibs/cu.ft. (X) Opt. Moisture Content % Compaction % Actual Moisture Content Inches cm. Wet Density Length 5.644 14.336 Dry Density Diameter 2.873 7.297 Initial Saturation Area 6.483 41.824 Final Saturation Volume 36.589 599.583 Initial Void Ratio Wet Mass 2.389 1083.65 grams Porosity Dry Mass 1.8635 845.28 grams Specific Gravity 28.2 % 112.8 Ibs./cu.ft. 88.0 Ibs./cu.ft. 83.5 % 100.0 % 0.91 47.6 % (cc/cc)4 2.692 apparent GeoTechnologies, Inc. Job Number: 1-10-0527-EA Job Name: Alderbrook Pt. 22-Sep-10 Sample I.D. P-2 Depth: 4-4.5 Soil Description: Gray Sandy Silty Clay SAMPLE DATA Type Remolded Undisturbed Standard Proctor (ASTM D-698) () Maximum Dry Density Ibs/cu.ft. (X) Opt. Moisture Content % Compaction % Actual Moisture Content Inches cm. Wet Density Length 6.051 15.370 Dry Density Diameter 2.872 7.295 Initial Saturation Area 6.478 41.795 Final Saturation Volume 39.200 642.373 Initial Void Ratio Wet Mass 2.750 1247.62 grams Porosity Dry Mass 2.2271 1010.22 grams Specific Gravity 23.5 % 121.2 Ibs./cu.ft. 98.2 Ibs./cu.ft. 88.9 % 100.0 % 0.71 41.6 % (cc/cc)< — 2.692 apparent Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com September 14, 2010 Job # 11538.S1 GeoTechnologies, PA Attn: Mr. Ernie Stitzinger 320 Wellington Court Suite 108 Raleigh, NC 27615 Re: Profile Description and Seasonal High Water Table Determination Alderbrook Pointe -Washington, NC Dear Mr. Stitzinger: Soil & Environmental Consultants, PA (S&EC) has performed a soil evaluation within the proposed storm water BMP at the aforementioned site. More specifically, soil morphological profile descriptions were prepared to approximately 7 feet in depth along with determination of seasonal high water table (SHWT). The purpose of the evaluation was to provide requested soil info.—mation for a design of the proposed storm water BMP. The following is a brief report of the methods utilized in this evaluation and the results obtained. SoiUSite Evaluation Methodology Soil in the location of the proposed storm water device was evaluated by advancing a hand auger boring to 7 feet below land surface. Due to the small size of the proposed device, only two profile descriptions were described within the proposed storm water BMP location (see attached sketch map provided by client). S&EC performed the soil borings at the location flagged and labeled as P-1 and P-2 in the proposed BMP device. Soil morphological conditions were described at each location using standard techniques outlined in the "Field Book for Describing and Sampling Soils" published by the Natural Resources Conservation Service (MRCS, 2002). A detailed soil profile description for each boring is included w9th this report as Attachment 1. Soil/Site Conditions This site is located in the Coastal Plain geological area of Beaufort County which consists of alluvial and marine sediments. Field investigation revealed that the soil at the proposed storm water BMP is most similar to the Cape Fear soil series. The Cape Fear soil series (Fine, mixed, semiactive, thermic Typic Umbraquults) consist of poorly drained soils that formed from silts and clay sediment on large broad flat coastal plain.. regions. Slope of Cape Fear soils range from 1 to 2 percent. At soil borings P-1 and P- 2, the depth to seasonal high water table (SHWT) based on soil morphology was Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 54M235 SHWT may be at the land surface. However there are existing drainage ditches in this . area and these ditches serve to lower the water table. Therefore, because of the existing drainage ditches, the actual seasonal high water table may be lower than what is noted by the soil color. At P-1 location, the actual water table was noted at 84 inches below land surface and at P-2 location, the actual water table was noted at 60 inches below land surface. If the drainage ditches are removed, filled or closed, then the groundwater may revert to previous conditions and during the wet time of the year the site could have soil wetness conditions at land surface. The NRCS soil series descriptions for the Cape Fear soil series is included in Attachment 2. Please keep in mind that these soil descriptions are NOT the descriptions for this specific site but rather the general pedon description provided by NRCS for that soil series. These general descriptions are provided merely to provide additional information for these general soil types. Soil & Environmental Consultants, PA is pleased to be of service in this matter and we look forward to assisting in the successful completion of the project. Please feel free to call with any questions or comments. rely, Donald L. Wells, NCLSS Attachments `d' �`'------- J / umvaw ME% OEM arm uusw 'eon Attachment 1 Alderbrook, Washington, NC Soil Boring P-1 Profile Description - - - ''Horizon.& Depth, ---- -- - Texture: vlunselhColor _ - Stricture A 0 - 20" Loam to Fine Sandy Loam 10 YR 2/1 Granular Bt 20 - 30" Clay 10 YR 3/2 10 YR 6/8 mottles Massive Cl 30 - 40" Fine Sand 10 YR 4/2 Weak Fine Granular C2 40 — 86" Sand to Sandy loam 10 YR 5/2, 10 YR 6/8, 10 YR 3/1 Weak Fine Single Grain Apparent Water at 84" Seasonal High Water Table, < 12" Soil Boring P-2 Profile Description Horizon & Depth, Texture` ^Munsell Color Structure, A 0 - 12" Loam to Fine Sandy Loam 10 YR 7/2 Granular Bt 12 - 48" Clay 10 YR 4/1 10 YR 6/6 mottles Massive BC 48 - 54" Sandy Clay to Sandy Clay Loam 10 YR 4/1 Weak Blocky C 54 — 86" Fine Sand to Sandy loam 10 YR 3/1 Weak Fine Single Grain Apparent Water at 60" Seasonal High Water Table, < 12" Attachment 2. Established Series Rev. BJW:AG:PLT 02.!2000 CAPE FEAR SERIES MLRA(s): 133A, 152A, 153A, 153B MLRA Office Responsible: Raleigh, North Carolina Depth Class: Very deep Drainage Class: Very poorly drained Permeability: Slow Surface Runoff: Slow Parent Material: clayey marine and fluvial sediments Slope: 0 to 2 percent Mean Annual Air Temperature (type location): 61 degrees F. Mean Annual Precipitation (type location): 46 inches TAXONOMIC CLASS: Fine, mixed, semiactive, thermic Typic Umbraquults TYPICAL PEDON: Cape Fear loam --cultivated. (Colors are for moist soil) Ap--O to 7 inches; black (I OYR 2/1) loam, weak fine granular structure; friable; common fine roots; common fine and medium pores; few clean sand grains; slightly acid; clear smooth boundary. (6 to 10 inches thick) A--7 to 16 inches; black (I OYR 2/1) loam, weak medium granular structure; friable; common fine roots; common fine and medium pores; few clean sand grains; moderately acid; clear wavy boundary. (4 to 10 inches thick) Btgl--16 to 20 inches; dark gray (I OYR 4/1) clay loam, weak fine subangular blocky structure; firm; moderately sticky; moderately plastic, few fine roots; common fine and medium pores; common amounts of Al material in old root holes; few fine flakes of mica and white mineral grains; strongly acid; clear wavy boundary. Btg2--20 to 38 inches; gray (I OYR 511) clay; weak medium subangular blocky structure; firm; moderately sticky; moderately plastic, few fine pores; common amounts of Al material and very dark grayish brown (I OYR 3/2) material in root holes; common fine flakes of mica and white mineral grains; strongly acid; gradual wary boundary. Btg3--38 to 45 inches; gray (1 OYR 6/1) clay; weak medium subangular blocky structure; firm; moderately sticky, moderately plastic, common flakes of mica, and red and white mineral grains; this horizon contains more sand than the above horizon; strongly acid; gradual wavy boundary. (Combined thickness of the Btg horizons is 15 to 40 inches) BCg--45 to 52 inches; light brownish gray (2.5Y 6/2) sandy clay loam; weak medium subangular blocky structure; friable; slightly sticky, slightly plastic; few flakes of mica and red and white mineral grains; common pockets of loamy sand; strongly acid; gradual smooth boundary. (0 to 12 inches thick) 2Cg--52 to 62 inches; light brownish gray (1 OYR 6/2) sand; single grained; loose; few flakes of mica and common red and white mineral grains; strongly acid. TYPE LOCATION: Cumberland County, North Carolina; 3 miles east of FayetteNille on State Road 1834; 1.6 miles east of intersection of State Road 1834 and North Carolina Highway 24; 150 feet north of State Road 1834 in cultivated field. RANGE IN CHARACTERISTICS: Solum Thickness: 30 to 60 inches Depth to Bedrock: Greater than 60 inches Depth to Seasonal High Water Table: 0 to 12, December to May Soil Reaction: very strongly acid to moderately acid, except where limed A or Ap horizon: Color --hue of 1 OYR or 2.5Y, value of 2 or 3, and chroma of 1 or 2, or N, value of 2 or 3 Texture --loam, sandy loam, silt loam, fine sandy loam, very fine sandy loam, or their mucky analogues BA or BE horizon (if it occurs) Color --hue of 1 OYR to 5Y, value of 3 or 4, and chroma of 1 or 2, or is neutral with value of 3 or 4 Texture --clay loam, silty clay loam, sandy clay loam, or loam. Btg horizon: Color --hue of 1 OYR or 5GY, value of 4 or 7, and chroma of I or 2, or is neutral with value of 4 to 6 Texture --clay, sandy clay, clay loam, or silty clay with upper 20 inches containing 35 to 60 percent clay. Redoximorphic features (if they occur) --iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray BCg horizon (if it occurs): Color --hue of 1 OYR to 5GY value of 4 to 7, and chroma of 1 or 2, or it is neutral with values of 4 to 7 Texture --sandy clay loam, clay loam, sandy clay, loam, or sandy loam Redoximorphic features (if they occur) --iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray 2Cg horizon: Color --hue of I OYR to 5GY value of 4 to 7, and chroma of 1 or 2, or it is neutral with values of 4 to 7 Texture --sand, sandy loam, loam, or loamy sand; gravel content ranges from 0 to 10 percent. Redoximorphic features (if they occur) --iron masses in shades of brown, yellow, or red and iron depletions in shades of olive or gray COMPETING SERIES: There are no other known series in the same family GEOGRAPHIC SETTING: Landscape: Coastal Plain Landform: Marine Terrace Elevation: Less than 25 feet above mean sea level Parent Material: clayey marine and fluvial sediments Mean Annual Air Temperature: 58 to 70 degrees Mean Annual Precipitation: 38 to 55 inches Frost Free Period: 200 to 270 days GEOGRAPHICALLY ASSOCIATED SOILS: Altavista soils --moderately well drained soils (seasonal high water table 18 to 30 inches) on higher landscapes Arapahoe soils --very poorly drained soils (seasonal high water table 0 to 12 inches) in coarse -loamy family on similar landscapes Deloss soils --very poorly drained soils (seasonal high water table 0 to 12 inches) in fine - loamy family on similar landscapes Dogue soils --moderately well drained soils (seasonal high water table 18 to 30 inches) on higher landscapes Hyde soils --very poorly drained soils (seasonal high water table 0 to 12 inches) in fine - silty family on flats and in slight depressions Portsmouth soils --very poorly drained soils (seasonal high water table 0 to 12 inches) in fine -loamy family on flats and in slight depressions Roanoke soils --poorly drained soils (seasonal high water table 0 to 12 inches) on flats and in slight depressions Roper soils --very poorly drained soils (seasonal high water table 0 to 12 inches) in fine - silty family with organic surface layers 8 to 16 inches thick on similar landscapes Tomotlev soils --poorly drained soils (seasonal high water table 0 to 12 inches) in fine - loamy family on similar landscapes Wahee soils --somewhat poorly drained soils (seasonal high water table 12 to 18 inches) on higher landscapes Wasda soils --very poorly drained soils (seasonal high water table 0 to 12 inches) in fine - loamy family with organic surface layers 8 to 16 inches thick on similar landscapes Weeksville soils --very poorly drained soils (seasonal high water table 0 to 12 inches) in coarse -silty family on similar landscapes Wickham soils --well drained soils (seasonal high water table is below 6 feet) on higher landscapes DRAINAGE AND PERMEABILITY: Agricultural Drainage Class: Very poorly drained Permeability: slow USE AND VEGETATION: Major Uses: Mostly cultivated Dominant Vegetation: Where cultivated--com, oats, soybeans, small grain, and pasture. Where wooded --swamp blackgum, sweetgum, cypress, willow, ash, maple, pin oak, pond pine, and an undergrowth of reeds, bay bushes, and gallberry. DISTRIBUTION AND EXTENT: Distribution: Georgia, North Carolina, South Carolina, and Virginia Extent: Large MLRA OFFICE RESPONSIBLE: Raleigh, North Carolina SERIES ESTABLISHED: Cumberland County, North Carolina; 1922. REMARKS: Diagnostic horizons and features recognized in this pedon are: Umbric epipedon - the zone from the surface to a depth of 16 inches. (the Ap and A horizons) Argillic horizon - the zone between 16 and 45 inches. (Btgl, Btg2, and Btg3 horizons) Aquic conditions - colors with chroma of 2 or less below the surface layer caused by saturation. Used in MLRA: 133A, 153A, 152A, 153B SIR: NCO061 ADDITIONAL DATA: None TABULAR SERIES DATA: SOI-5 Soil Name Slope Airtemp FrFr/Seas Precip Elevation NCO061 CAPE FEAR 0- 2 58- 70 200-270 38- 55 5- 25 SOI-5 F1oodL F1oodH Watertable Kind Months Bedrock Hardness NCO061 NONE RARE 0-1.0 APPARENT NOV-MAY 60-60 SOI-5 Depth Texture 3-Inch No-10 Clay% -CEC- NCO061 0-16 L SIL 0-0 95-100 5-15 6-18 NCO061 0-16 FSL VFSL 0-0 95-100 5-15 6-18 NC0061 16-52 CL C SIC 0-0 95-100 35-60 8-15 NCO061 52-62 VAR - - - - SOI-5 Depth -pH- O.M. Salinity Permeability Shrink -Swell N00061 0-16 4.5-6.5 5.-15 0-0 0.6-6.0 LOW NCO061 0-16 4.5-6.5 5.-15 0-0 2.0-6.0 LOW NCO061 16-52 3.5-6.0 .5-3. 0-0 0.06-0.2 MODERATE NCO061 52-62 - - - - National Cooperative Soil Sun-ey U.S.A. The NRP Group ALDERBROOK POINTE Multi -family Housing REC'IE9 FO JUN 2 8 2011 �j&�,4VA.RQ SEDIMENTATION & EROSION CONTROL NARRATIVE WITH CALCULATIONS FOR OFFSITE DRAINAGE AREAS & CHANNELS k RUNOFF TO EXISTING DRAINAGE CHANNEL PREPARED BY: KILL & ASSOCIATES (0-lei—If Steve Rice, P.E. Rice & Associates, PLLC 133 Lockhart Drive Beaufort, North Carolina 28516 252-838-1221 June 27, 2011 r , SEDIMENTATION & EROSION CONTROL NARRATIVE ALDERBROOK POINTE MULTI -FAMILY DEVELOPMENT Washington, North Carolina The proposed project, Alderbrook Pointe, is a multi -family housing development consisting of six buildings containing sixty-four units, plus a clubhouse with recreational areas, on a 7.55 acre parcel of land within the Eskridge Crossing (Little Washington Park, LLC) mixed use development, which is currently undeveloped and located within the city limits of Washington, North Carolina. Access to the development will be provided by a 470 foot extension of N. Pierce Street, a 37-foot wide street within a 60-foot wide public right-of-way, approximately 1,000 feet north of W. 15" Street Site Plan approval was recommended by the City of Washington Planning Board on February 22, 2011 and approved by City Council on March 14, 2011. The Stormwater Plan and Report (nutrient removal and hydraulics) was approved by the City of Washington Public Works Department on April 27, 2011 via email correspondence. Stormwater runoff from the site will be collected by a series of inlets and area drains connected to an underground stormwater piping system that will empty into a wet detention pond (BMP) designed to meet the Tar -Pamlico Stormwater Rules, including 90% removal of total suspended solids (TSS) per NCDENR- DWQ Stormwater Management Practices Manual, Table 10-4. The proposed stormwater collection system, including the Wet Detention Pond, is shown on the Grading and Drainage Plan, Drawing C.3.0. The proposed BMP is detailed on the Wet Detention Pond & Details, Drawing C.4.0. Wet Detention Pond Plantings with appropriate construction notes are provided on Drawing C.4.1 and show plantings for the vegetated shelf around the perimeter of the Wet Pond. Existing soils located on the site are provided in the attached Stormwater Detention Pond calculations. The Pond was designed to accept and treat stormwater runoff from the site (7.55 acres) as well as 0.92 acres of the N. Pierce Street right-of-way (proposed = 0.35 acres and future = 0.57 acres) fronting the property for a total drainage area contributing to the Wet Pond of 8.47 acres. It was assumed that the future extension of N. Pierce Street would be of the same pavement cross section, including a sidewalk, as the proposed length/section to be constructed as part of the Project. Stormwater runoff from three offsite drainage areas will be collected and routed around the site within a proposed drainage swale that will empty into existing drainage swales downstream of the site as shown on the Off -site Drainage Area Map, Drawing C.3.5. Easements for the construction of the drainage swales were granted by the owner of the residual portion of the Eskridge Crossing (Little Washington Park, LLC) development, which is currently undeveloped. Runoff and channel calculations, including shear calculations and liner selection are attached. An existing 12" CMP will be removed and replaced with a 40-foot long 36" RCP culvert which is located in the future right-of-way of N. Pierce Street extension. A rip rap apron conforming to the geometry of the existing channel will be provided at the 36" RCP outlet, approximately 12 feet wide by 24 feet long consisting of Class B Rip Rap, 18-inch thick. Other permanent and temporary measures are provided and are shown on Drawing C.3.6, Erosion Control Plan, including a Construction Entrance, Silt Fence, Rock Check Dams, Rock Pipe Inlets, and individual drainage inlet protection detailed on Drawings C.7.6 and C.7.7. The Wet Pond will be used as a sediment basin (Basin #1 calculations on C.3.6) during the construction of the project and will be cleaned out and restored to design parameters as shown and detailed on Drawings C.4.0 and CA. I. In addition to the onsite improvements the project includes an offsite sewage force main from the 13" & Bridge Pump Station to the 5`h & Repess Pump Station. The drawings for the construction of the force main include C.8.0 thru C.8.7 and include erosion control measures and details. The disturbed area for the force main is 0.7 acres and the onsite disturbed area is 8.4 acres for a total of 9.1 acres of disturbed area for the project. t);L A% lJ/acG► i 19 1 coo a I , GNANNtr t�LC /i .Vt?rL:__ �. 7PAvSI,- 7CtWS 51; ( ��2 =, 2•1 .MIN ZoG- .JQ5:�T�H JzuNo���GNIJ .nfZtj l g�/ i n 4G' %4-11 7',-� MAYO & MAYO ATTORNEYS AT LAW WASHINCTON. N. L. SORT COONTy L= RECORD ROOTING POWs q8 .5 4-ir Ltmd RCOOZds of ficie2 Oats NORTH CAROLINA BEAUFORT COUNTY 54-&mP5: V Q10. on :1753�=519 .cE9D, P JUN 28 2011 F FOR REGISTRATION REGISTER OF DEEDS ti A A rI} �]� dannifor La, ntt khitah... t l v C 1IYY1ItINN//'AR By 1.f County, NC I May 31, 2011 12:00:18 Book 1753 Page 519-521 FEE: $25.00 NO REVENUE STAMP: $970.00 INSTRUMENT 112011M51 THIS DEED, Made and entered into this the R5*''day of MA)! , 2011, by and between LITTLE WASHINGTON PARK, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY of P.O. Box 7442, Kill Devil Hills, NC 27948, hereinafter referred to as party of the first part; to ALDERBROOK POINTE, L.P., a North Carolina Limited Partnership, of 5309 TransportaCion Blvd., Cleveland, Ohio 44125, hereinafter referred to as party of the second part; W I T N E S S E T H: That the said party of the first part in consideration of the sum of Ten Dollars and other good and valuable consideration to it in hand paid by said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents, does bargain, sell and convey unto the said party of the second part, its successors and assigns, the following parcel or tract of land in the City of Washington, Beaufort County, NorLh Carolina, more particularly described as follows: BEING 7.55 acres as platted on survey da,-cd September 24, 2010, recox:ji 6 t4ar::1i 1', ?01.1, entitled,, "'.'+.na !. Plat - Alderbrook Pointe, LP" prepared Kendall F. Gaskins, PLS, of record in P1aL Cabinet H, Slide: 66-4, Beaufort County Registry, and being a portion of the same Lands as was conveyed to L:i.l.tie IIlPH q 20 iNa51 O .9 753 In520 MAYO 6 MAYO A"OGNCYB AT LAW VI/.6HINOTO N. N. C. Washington Park, LLC, by deed dated March 19, 2007 of record -n Deed Book 1576, Page 897, Beaufort County Registry, to which survey plat and deed further reference is herein made and incorporated for a more complete and detailed description. TO ]IAVE AND TO HOLD the aforesaid parcel or tract of land and all privileges and appurtenances t'hereunto belonging unto said party of the second part, its successors and assigns in fee, forever, subject to the following; 1. 2011 Beaufort County ad va-orem tax proration and future ad valorem taxes. 2. Such easements, rights of way and restrictions of record in Plat Cabinet H, Slide 66-4, Beaufort County Registry. 3. Non-compliance with any local, county, state or federal governmental laws, ordinances or regulations relative to zoning, subdivision, occupancy, use, construction or development of the subject property. 4. The above described property does not include the Grantor's primary residence. And -he said party of the first part does covenant that it is seized of said premises in fee and has the right to convey the same in fee simple, that the same is free from encumbrances, SUBJECT to the aforesaid, and that subject thereto, and it will warrant and defend the t'.tle to the same against the lawful claims of all persons whomsoever. 3K1753r:c521 MAYO & MAYO ACTCRNEY6 AT LAA WASMINCTCN. N. C. IN TESTIMONY WHEREOF, the said party of the first part has adopted the word "SEAL" as its seal and has caused this Deed to be duly executed by its duly authorized Manager, as the act of the Crantor, the day and year first above written. LITTLE WASHINGTON PARR, LLC BY: OM MANAGEM Manager of BY; PREM OM At STATE OF NORTH CAROLINA COUNTY OF ! • b,,- GROUP, LLC, 1e,, Washington Park, LLC of LLC (SEAL) I, the undersigned, a Notary Public of the County and State aforesaid, certify that PREM GUPTA, personally appeared before me this day and acknowledged that tie is the Manager of OM MANAGEMENT GROUP, LLC, A North Carolina Limited Liability Company (the "Second Company"), Manager of LITTLE WASHINGTON PARK, LLC, a North Carolina Limited Liability Company, (the "Company") and that by authority duly given and (a) as the act of the Company and (b) as the act of Second Company, the foregoing instrument was signed in the name of the Company and in the name of the Second Company as the Company's Manager. Witness my hand and Notaria Seal, this the Z,Sthday of 2011. GAGANSHARMA Notary Public, North Carolina Dare County R4y Commission Expires A R P U 8 L I C May 13, 2014 My Commission expires: 3 Zal Cr1U: �abb,t- rncKennc j 'Iql M worth Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARYOF STATE PO Box 2%22 Raleigh, NC 27626-0627 1919W7-2000 Date: 6/22/2011 Click here to: View Document Filings I Sign Up for E-Notifications 1 PC, PLLC, LP and Non -Profit entities are not required to file annual reports Corporation Names Name Name Type NC ALDERBROOK LEGAL POINTE L.P. Limited Partnerships Information SOSID: 1155710 Status: Current -Active Effective Date: 6/22/2010 Dissolution Date: Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: CT CORPORATION SYSTEM Office Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Mailing Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Principal Office Office Address: 5309 TRANSPORTATION BLVD CLEVELAND OH 44125 Mailing Address: 5309 TRANSPORTATION BLVD CLEVELAND OH 44125 Officers .. l i AIR _ 1: I..-.:.r WIWII JUN 28 2011 MOVI% WARD 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/corporations/Corp.aspx?PitemId=9544972 6/22/2011 North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT oF-rHE Secretary SECRETARYOFSTATE PO Box 29622 Raleigh, NC 27626-0622 (90W7-2006 Date: 6/22/2011 Click here to: View Document Filings I Sign Up for E-Notifications '�, Pre -populated Annual Report Fillable PDF Form File an Annual Report i Corporation Names Name Name Type NC NRP ALDERBROOK LEGAL POINTE LLC Limited Liability Company Information SOSID: 1155692 Status: Current -Active Effective Date: 6/22/2010 Dissolution Date: Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: CT CORPORATION SYSTEM Office Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Mailing Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Principal Office Office Address: 5309 TRANSPORTATION BLVD CLEVELAND OH 44125 Mailing Address: 5309 TRANSPORTATION BLVD CLEVELAND OH 44125 Officers 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.ne.us/corporations/Coip.aspx?Pitemld=9544969 6/22/2011 RECEIVED JUN 2 8 2011 AGREEMENT TO PURCHASE UNIMPROVED REAL ESTATE ���j�;`VVA'0 This Agreement to Purchase Unimproved Real Estate ("Agreement') is ntade effective as of the 29 day of December, 2010 (tire "Effective Date"), by and between NRP PROPERTIES LLC, a Ohio limited liability company, its successors and/or assigns, with a mailing address of 5309 Transportation Bou levard, Cleveland, Ohio -14125, Attn: Kenneth Outcalt ("Purchaser") and Little Washington Park LLC, a North Carolina limited liability company with a mailing address of P.O. Box 7442, Kill Devil Hill, North Carolina 27948, Attn: Surnit Gupta ARTICLE 1, PROPERTY On the terms set forth lrerein, Purchaser agrees to purchase from Seller, and Seller agrees to sell to Purchaser, approximately (7.63) +/- acre parcel of real property located at N. Pierce Street and West 15th Street, City of Washington in Beaufort County, State of North Carolina, and more particularly identified as Parcel Number(s) 0-1(approx 3.17 acres) and 0&I-1(approx 4.46 acres) that are shown on the attached Exhibit A (Zoning and Land Use Plant together with alleasements, appurtenances and rights thereunto belonging (the "Property"). The exact legal description and acreage of the Properly shall be determined by the ALTA survey described in Article 3 below. ARTICLE2. PURCHASE PRICE AND EARNEST MONEY Purchaser shall pay Seller the sum of FOUR HUNDRED AND EIGHTY-FIVE THOUSAND DOLLARS AND 00/100 DOLLARS ($485,000.00) (the"Purchase Price") according to the terms and conditions set forth herein. Within five (5) business clays of the Effective Date, Purchaser shall deposit the sum of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) as an earnest money deposit to be applied to the Purchase Price (the"Earnest Money"). The Earnest Money shall be deposited withinan interest bearing account, separate from other accounts by Blanco Tackabery Combs & Matamoros, P.A., attn.: DeborahL. McKemtey,11.0 South Strafford Road, Winston Salem, NC 27104429*9, as escrow agent (the "Escrow Agent"), and immediately released to Seller and shall be non-refundable (except in the event of Seller's default or inability to deliver title in the condition required hereunder) and applied to the Purchase Price at Closing. ARTICLE 3. CONDITIONS PRECEDENT A. Intentionally Omitted. B. Title and Survey. Purchaser shall obtain from Stewart Title Guaranty Company, Attention: Wendy Howell, 1980 Post Oak Boulevard, Suite 610, Houston, Texas, 77056 ("Title Company") a commitment (the "Commitment") for an ALTA Owner's Policy of Title Insurance (Form B-Amended 10-17-70, if available, or if not available Form B 10-17-92, with the creditors' rights and arbitration clauses deleted) (the "Title Policy`), in an amount equal to the Purchase Price. Purchaser may also obtain an ALTA/ACSM Survey of the Property (the "Survey"). If the Commitment or the Survey is not satisfactory to Purchaser, then Purchaser shall give Seller notice of those items that Purchaser finds unacceptable prior to Feb 15, 2011. Seller shall have ten (10) days after notice from Purchaser to either agree to cure the defect at or prior to Closing or to advise Purchaser that it will not cure the defect at or prior to Closing. If Seller does not agree to cure the defect (and Seller's failure to respond in writing shall be deemed to bean agreement to cure the defect), Purchaser may either (i) accept title to the Property subject to the defect without a reduction in the purchase price or u:\mr- alderbrouk poinie - nwasrl - rvashine on, nc\land\purchase agreement - option\2010-12-29 agreement Washington park extension executed.doc (ii) terminate this Agreement by written notice to Seller and receive a return of the Earnest Nioney, and neither party shall have any further rights or obligations under this Agreement whatsoever. Notwithstandingany other provision of this Agreement to the contrary, Seller shall have the unwnditional obligation to remove or cure, at no cost to Purchaser, any title matters which are alien for the payment of money only, any encumbrance which can be removed by the payment of a definite sum of money, or any title matter which arose after the Effective Date as a result of the acts or omissions of Seller without requirement of notice from Purchaser. C.. Intentionally Omitted. D. Other Conditions. It shall be a condition precedent to Purchaser's obligations to close this transaction that: a. At Closing, Title Company shall be in a position to issue the Title Policy to Purchaser with all so-called standard or printed exceptions deleted; b. All of the representations and warranties of Seller shall be true as of Closing. c. If the Property is part of a larger parcel belonging to Seller, the Property shall be subdivided from the larger parcel at or prior to Closing and the Title Company shall be in a position to provide Purchaser with a subdivision endorsement to the Title Policy. d. Prior to Closing, Seller shall have used its best efforts to obtain, any governmental authority with jurisdiction, to a signage easement (the "Sign Easement"), orin the alternate, to the location and specifications of the main community signage along W 15w Street, including signage for Purchaser's development of the Property. Purchaser acknowledges that Seller is not the free owner of the real property which the Sign Easement will encumber. e. Purcln<iser acknowledges that Purchaser shall be responsible for the extension of North Pierce Street to the south parcel line of Tract 0&1-2 as shown in Exhibit A attached to this Amendment and installation of utilities thereunder, provided, however, that Purchaser shall only be responsibility for the expense of the extension of any utilities as far as the foregoing extension of North Pierce Street. At or prior to closing, Seller shall convey to the City of Washington the land designated forthe extension of North Pierce Street as shown on Exhibit "A" hereto, that will be actually improved by the Purchaser or City of Washington. Seller and Purchaser acknowledge that Purchaser and Seller shall have no obligation to construct any improvements as such land conveyed to the City of Washington pursuant to this paragraph. Seller further acknowledges that prior to Closing a deed restriction in form and substance acceptable to Purchaser and Seller will be recorded on all real property owned by Seller or its affiliates that abuts the Property. g. Seller and Purchaser acknowledge that Seller shall not be responsible for any infrastructure improvements in connection with this Agreement, Property, or Purchaser's development of the Property. C1� ti•mf-NJchrook rdnte- nxsrl-�vvNinOtat nClsJl0utawe �vvA�. oplim�]010-IbMfl�teman uaM1in�tan pulmeuion nttvlW J�rc In the event that any condition preceden t i n this Article 3D is not satisfied by date specified in this Article 3D, Purchaser shall have the right to terminate this Agreement, receive a full refund of the Earnest Money and neither party shall have any further rights or obligations under the Agreement whatsoever. ARTICLE 4. CLOSING A. Delivery of Documents. Closing shall occur on or before March 31, 2011, in escrow at the offices of Escrow Agent; provided, however, that Purchaser may elect to close at any time upon ten (10) days' written notice to Seller (the "Closing"). Seller shall deliver at Closing: (a) general warranty deed conveying the Properly to Purchaser (or its designee) subject to those exceptions approved by Purchaser pursuant to Article 3B (the "Deed"); (b) all easements necessary for the development and operation of the Project, including, but not limited to the Sign Easement; (c) lien affidavitacceptable to the title insurer; (d) anaffidavit of non -foreign status; (e) any other affidavit or document required by Title Company to delete die so-called standard exceptions to the title policy; and (f) such other customary documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transactions contemplated hereby and for Title Company to issue the Title Policy in form as required by this Agreement. In addition, in the event required by Purchaser in order to obtain survey coverage in regard in the Title Policy, Seller shall deliver a quitclaim deed for the legal description of the Property contained on the ALTA survey described in Article 3 above. Purchaser shall deliver at closing: (x) the remaining balance of the Purchase Price as provided by this Agreement; and (y) such other documents, instruments, certifications and confirmations as may be reasonably required to fully effect and consummate the transaction contemplated hereby. B. Possession. Possession of the Property, free of all tenancies, Ieases and occupants shall be delivered to Purchaser at Closing. C. Proration. Purchaser and Seller shall prorate all taxes, income, expenses and costs related to the Property as of the date of Closing, with the day of Closing being treated as a day of ownership by Purchaser. If the final tax bill is notavailable at Closing, the real estate taxes and assessments shall be prorated based upon the latest available tax duplicate for the Property, which proration shall be re -prorated outside of escrow when the actual taxes are determined. If the Property was recently subdivided from a larger tax parcel and a separate tax bill is unavailable at Closing, then the real estate taxes and assessments shall be based upon the latest available tax bill based upon the percentage of the land being purchased by Purchaser. If there are any improvements on the tax parcel that are separately valued or assessed, the value of such improvements shall be assigned to the Purchaser only if such improvements are located upon the Property. Taxes shall be reprorated by the parties outside of escrow when the bill for the tax year in which the Closing occurs is available. The party who is determined to owe any additional amount as a result of such proration shall promptly pay such amount to the other party. Seller shall be responsible for any recoupment of any agricultural credit for the Property. D. Costs. Seller shall pay for the preparation of the Deed, the conveyance fee or transfer tax, the cost of curing any title or survey defect, and 100% of any broker's commission or fee. u'W-Wd wtW;nlc-nassrl-wuFin�nn,¢c`lrMyurrAme ygeemmI-Wtim.M0 1E29 feanm, xmdingfon W1 txl[ ¢maaidoc /Nv Purchaser shall pay for the premium for the Title Policy, and any endorsements other than those to cure a title defect, the cost to record the Deed, the escrow fee and the costs of its financing, if any- Except as may otherwise be stated herein, each party shall bear its own expense or expenses, including its own attorney fees. E. Seller's Obligations Prior to Closing. At all times until closing, Seller shall maintain the legal title to the Property free and clew of any and all defects, liens, and encumbrances of every kind and nature (other than liens and encumbrances that will be released at Closing). ARTICLE 5. DEFAULTS AND REMEDIES hi Hie event the sale of the Property is not closed pursuant to this Agreement due to a default hereunder by Seller or failure of performance hereunder by Seller, then Purchaser shall give Seller written notice specifying Seller's default or failure of performance, and Seller shall have ten (10) business days to cure the default or failure of performance. In the event that Seller fails to cure Seller's default or failure of performance within the ten (10) day period, then Purchaser may ehectto terminate this Agreement, whereupon the Earnest Money shall be immediately refunded and returned to Purchaser, or Purchaser may elect to enforce the terms and conditions of this Agreement and exercise its rights and remedies available at law or in equity, including without limitation an action for damages and/or specific performance of this Agreement. In the eventthe sale of the Property is. not closed pursuant to this Agreement due to a default hereunder by Purchaser or failure of performance by Purchaser, then Seller shall give Purchaser written notice specifying Purchasers default or failure of performance, and Purchaser shall have ten (10) business days to cure the default or failure of performance. In the event that Purchaser fails to cure Purchasers default or failure of performance within the ten (10) day period, then the Earnest Money shall be immediately forfeited by Purchaser, and retuned by Seller as and for liquidated damages and not as a penalty, and as Seller's sole and exclusive remedy; and thence the parties shall have no further rights, duties or obligations hereunder. Seller acknowledges and agrees that the Earnest Money is fair and equitable and expressly waives the right to exercise any and all other rights available at law or in equity, including, but not limited to, the right to sue Purchaser for additional damages or specific performance. ARTICLE 6. SELLER'S REPRISENTATIONS AND WARRANTIES Seller represents and warrants to Purchaser that: A. Seller is the owner of good and marketable indefeasible fee simple title in and to the Property. B. Seller has the capacity and authority to execute this Agreement and perform the obligations of Seller under this Agreement. This Agreement constitutes a legal and valid binding obligation of Seller, enforceable in accordance with its terms. All action necessary to authorize the execution, delivery and performance of this Agreement by Seller has been taken and such action has not been rescinded or modified. C. -to the best of Sellers knowledge, there are no wetlands, oil or gas wells (capped or uncapped) or underground storage tanks (in use or abandoned) on or about the Property, and all previously existing underground storage tanks on or about the Property were ue T-ddabrml pc,nw- nwavi- rcIandlouRM1aK mn,- optisNI 11-N a3tt wm nVan pn ai--vM da /v removed in compliance with all applicable laws, rules, regulations and orders. Neither Seller nor, to the best of SeIler's knowledge, any prior owner or occupant of the Property has: (i) caused or permitted, and Seller has reccivedno notice and has no knowledge of, the generation, manufacture, refinement, transportation, treatment, storage, deposit, release, salvage, installation, removal, disposal, transfer, production, burning or processing of I-Lazardous Substances (as hereinafter defined) or other dangerous or toxic substances or solid wastes on, under or about the Properly or any adjacent properties; (ii) caused or permitted, and Seller has received no notice and has no knowledge of, the Release (as hereinafter defined) or existence of any Hazardous Substance on, under or affecting the Property or any adjacent properties; or (iii) caused or permitted, and Seller has receivedno notice and has no knowledge of, any substances or conditions on, under or affecting the Property or any adjacent properties which may support any claim or cause of action, whether by any governmental agency or any other person, under any applicable federal, state, or Iocal law, rule, ordinance or regulation. For the purpose of this Agreement, the tenns "Hazardous Substances" and"Release' shall have the same meaning as set fortli the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 et, seq.; provided, however, that die definition of Hazardous Substances shall also include petroleum and related by-products, hydrocarbons, radon, asbestos, urea formaldehyde and polychIorinated biphenyl compounds. D. There are no outstanding written or oral leases in any way affecting the Property, and no person or entity has any right with respect to all or any portion of the Property (whether by option to purchase, right of first refusal, contract, or otherwise) that would prevent or interfere with Purchaser taking title to, and exclusive possession of, all of the Property at Closing. E. Seller has not received any notice of, and to the best of its knowledge, there are no (i) proposed special assessments, condemnation, or changes in the roads adjacent to the Property; (ii) pending public improvements which will result in any charge being levied or assessed against, or a lien being created upon, the Property; or (iii) pending or threatened eminent domain or condemnation proceedings against or involving the Property or any adjacent parcel. Seller shall fully disclose to Purchaser, immediately upon its occurrence, any change in facts, assumptions or circumstances of which Seller becomes aware prior to the Closing Date that may affect the representations and warranties set forth above. The warranties and representations of Seller contained herein shall survive the Closing and delivery of the Deed. ARTICLE 7. MISCELLANEOUS A. Plans and Approvals. Purchaser shall have the rightto file, at Purchaser's expense, any and all plans required in order to obtain a building permit, and any rezoning subdivision (or the vacation of any existing subdivision or consolidation plat) or any other application to obtain any approval or permit from any and all governmental authorities having jurisdiction over the Property which Purchaser deems appropriate in connection with the Project. Seller, at no additional cost, agrees to join in the execution of any application required in order to obtain such permit or approval (or file such application individually if the relevant governmental authority shall so require). Seller, at no additional cost, further agrees to ,W-Wd bl.&jNNp4-m,'�nl-wvM1in�m,�+cVmd!Pwrhsse ��eeruent-oprim�V O1L.')",.mtuaehin8lon fah mm�oner'.eculwldoc /� cooperate with Purchaser or its nominee in all respects, including without limitation, attending and giving favorable testimony at any hearings on the petitions or applications, meeting with, and providing information to, public and private utilities and governmental and quasi -governmental entities and otherwise working to obtain the agreements, assurances, approvals and permits required by Purchaser or its nominee without additional cost or obligation to Purchaser or its nominee. Purchaser shall present conceptual plans for Purchaser's proposed site development to Seller prior to the expiration of the Due Diligence Period. Seller shall have ten (10) days to review and comment (reasonably) on such plans. If Seller comments on such plans and Purchaser determines not to acceptSelled's comments, Purchaser may terminate the Agreement and receive a refund of the Earnest Money. Any material deviations from the conceptual plans approved by Purchaser shall require Seller's approval, not to be unreasonably withheld, audited or delayed. Purchaser must obtain written approval from Seller on Purchaser's proposed development plans, including all construction documents for site development and vertical construction. If Purchaser defaults on this contractor this contract is terminated, Purchaser must convey all feasibility work and planning related to this property, including, but not limited to, all applications, approvals, permits, engineering work, architectural drawings, and site plan to the Seller within 10 days. B. Access. Seller will allow Purchaser and its agents continuing access at reasonable times to the Property, for the purpose of conducting inspections. Following any such investigations or inspections contemplated by this Agreement, Purchaser shall, at Purchaser's expense, promptly restore the Property to its condition prior to such inspection or investigation, and Purchaser shall defend, indemn fy and hold harmless Seller from all costs or expense of every type and description (including reasonable attorney's fees) arising out of any personal injury or property damage caused by any agent, servant, employee or contractor of Purchaser during any such investigation or inspection. C. Notices. Any notice, request, demand, instruction or other document to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid, or by overt -tight express courier, postage prepaid and addressed to the parties at their respective addresses set forth above, and the same shall be effective upon receipt if delivered personally or by overnight courier or three (3) business days after deposit in the mails if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. D. Attorney's Fees. In the event either party hereto brings against any other party an action at law or other proceeding permitted under the terms of this Agreement in order to enforce or interpret any of the terns, covenants or conditions hereof or any instrument executed pursuant to this Agreement or by reason of any breach or default hereunder or thereunder, the party prevailing in any such action or proceeding shall be paid all costs, including reasonable attorneys' fees. E. Binding Agreement. Purchaser may assign this Contract or any interest therein without the written approval of Seller. This Agreement.shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and assignees. This Agreement shall be construed and interpreted according to the laws of the State cohere u:un[-nldebout pn�e-n,.art.xadrim,;ai.nc`l�M�pud.w:;g2cm:nt-np;im12U 0.1_2Y ypnm,�t wa�ningron pula�;rmiw aa�ud d. �j1 / the Property is located. This Agreement constitutes the entire undertaking between the parties hereto, mid supersedes any and all prior agreements, arrangements and understanding between the parties. This Agreement may be amended only by a written agreement executed by all of the parties hereto. Memorandum of Agreement. Seller hereby authorizes Purchaser to memorialize this Agreement or any portion thereof in the register of deeds where the Properly is located and agrees to promptly execute any documentation reasonably required by Purchaser to effectuate die same. G. Brokers and Commissions_ Purchaser and Seller represent and warrant to each other that neitherhas dealtwitlia broker, agentor otherpersonin connection -with this transaction other than Chris Respess and Nicholas Silivanch of Coldwell Banker Commercial, whose fee shall be paid by Seller. Seller and Purclwer shall each indemnify the other against and shall hold each other harmless from, any and all suits, claims, demands, judgments, damages, costs or expenses of or for any fees or commissions which are the responsibility of the indemnifying party, and shall pay all costs of defending any action orlawsuitbrought to recover any fees or commissions incurred by the other, including reasonable attorneys' fees. H. Time is of the Essence. All dates in this contract are "time if of the essence", and no extensions will be granted unless provided in writing by the Seller. preliminary Plat. All plans Seller has for this parcel, including the approved Preliminary Plat document are preliminary at this point for planning purposes and may change at anytime, provided, however, that any material alteration to the Preliminary Plat affecting the Property shall be subject to Purchaser's approval, but such approval shall not be reasonable withheld. If any such change is not acceptable to Purchaser, Purchaser may terminate the Agreement and receive refund of the Earnest Money. This sale is contingent upon Seller obtaining the necessary approvals and permits to sell and convey these parcels to the Purchaser. ulmf-Jdabmok poinie-vwnul A' fiinniw, nclaodyumht nrtavm,-Wdu %200.1bN mms iaunvon put; mtvrnv nm WMc IN WITNESS WHEREOF, the parties hereto Dave executed tivs Agreement as of the day and year first above. written. Seller: r Name: ��uPjP - Title: Met hey) �'y LLC U �{ W0.Sh1 Purchaser: NRP PROPERTIES LLC, an Ohio limited liability company By NRP Partners LLC, its Sole Member By: KerAeth Outralt, Authorized Representative 8 (� clemimevm eodantiedsbtdgecmldVoal atlln�sv,mpmayhtrmei 6kelmntenvaukd:WMotQu�a9�eeinen[ weeM1m�w qk �z n 10 (1)Aw EXIIIBrr A PLAT SHOWING PROPERTY u:lmf-aldaMn�l ry%nie-m•uil-.e IJm, -optimi12Ul0 IL3')apmmm uuhmn ryA at.O. eenved doc -T fAA4w4 ECT10 EVI JUN 2 8 2011 FIRST ;NTAGUi � AMI NULNinM1�R0 D RE, AT, MTPURCHASE���'D..-WARC THIS FIRST AMENDMENT TO AGREEMENT TO PURCHASE UNlivIPROVED RP.AL ESTATE (this "Amendment") is effective as of March 30, 2011, by and between NRP Properties LLC, an Ohio limited liability company ("Purchaser") and Little Washington Park LLC, a North Carolina limited liability company RECJTALs: A. Purchaser and Seller entered into an Agreement to Purchase Unimproved Real Hstate dated effective as of December 29, 2010 (the "Agreement") for the purchase and sale of an approximately 7.63+/- acre parcel of real property located ofN. Pierce Street and West 1501 Street, in the City of Washington, Beaufort County, North Carolina (the "Property"). B. Purchaser and Seller desire to amend the Agreement upon the terms and conditions set. forth herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as fullows: 1. Capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 2. Article 4.A of the Agreement is amended by deleting the date "March 31, 2010" and inserting the date 'Nay 31, 2011" in its place. 3. Ill consideration of Seller's execution of this Amendment, Purchaser shall deposit with the Escrow Agent the sum of Twenty Thousand Dollars ($20,000) payable it rivo equal installments of Ten Thousand Dollars ($10,000) each on April 1, 2011 and May 1, 2 h which deposits shall be non-refundable (except in the event of Seller's def tint), shall not be applicable to the Purchase Rice at Closing and shall be immediately released to Seller. 4. 'this Amendment may be executed in multiple counterparts, including facsimile counterparts, which countetparts, when appended to counterparts (including facsimile counterparts) containing the signatures of Seller and Purchaser shall constitute a fully executed Second Amendment. 5. EXcept as amended hereby, the terms, provisions, conditions and agreements of the Agreement are hereby ratified and coot inned and shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK a4lce�enu>n,h<niµys\�p.MV��1 eetliny�;vmpurmy jplemel filnlsu�mn[owl�WaweSn��plvuendgeul w�-hmgn nc 32111,&u t2) IN IVITNESS WREREOf , the parties have duly executed this Amendment as of the date first above written. SELLER. LITTLE WASHINGTON PARK LLC, a North Carolin ited liability company By: Nam_ ___ Gu ;rA 3,lipwlt Title-- " �._9M tali. Tma.t G m (t u BUYER- NRP PROPERTIES LLC, an Ohio limited liability company By: NRP Partn LC, its Sole ember By. Name: T.Richard Bal y,Jr. Title: Managing Member ttWmnments and xninu%\w1i,m%1m1 auin>;sLe I-'Y tntemct rikk-'tenln a 324 II.d.