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
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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. -
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\ 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
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`' 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
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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
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Attachments
1100527ea.doc
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Alderbrook Pointe
Raleigh, North Carolina
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SCALE: Not to Scale
JOB No: 1-10-0527-EA
FIGURE No: 1
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� 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
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3200 Wellington Court, Suite 108 • Raleigh, North Carolina 27615 • Phone 919-954-1514 • Fax 919-954-1428 • www.geotechpa.com
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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EXIIIBrr A
PLAT SHOWING PROPERTY
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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
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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
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