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SW8120617_Historical File_20120727
RcDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director July 27, 2012 Ms. Nicole Turley, Member/Manager Friendzy'z, LLC 713 Hunting Ridge Road Wilmington, NC 28411 Subject: Stormwater Management Permit No. SW8120617 Friendzy'z Project served by an Offsite System New Hanover County Dear Ms. Turley: Dee Freeman Secretary The Wilmington Regional Office of the Division of Water Quality received a complete Stormwater Management Permit Application for Friendzy'z on July 27, 2012. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8120617, dated July 27, 2012, for the construction of the built -upon areas and the runoff conveyance / collection system associated with the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the operation and maintenance of the runoff conveyance / collection system on the lot, the maximum built -upon area limits, and the procedures for changes of ownership and transferring the permit. Failure to establish an adequate system for operation and maintenance of the runoff conveyance / collection system, to limit the built - upon area, or to transfer the permit in a timely manner, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Kelly Johnson at (910) 796-7215. Sincerely, For Charles Wakild, P.E., Director Division of Water Quality GDS/kpj: S:1WQS1StormwateAPermits & Projects120121120617 Offsite12012 07 Permit 120617 cc: Phil Tripp, PE (SW8 000647 consultant) Gary Pape, PE (SW8120617 consultant) Inspector, New Hanover County Building Inspections Beth E. Wetherill, New Hanover County Engineering Division of Coastal Management Jon T. Vincent, President, Carmar Park Association (SW8 000647 permittee) Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28406 One Phone: 910-796-72151 FAX: 910-350-2004 i DENR Assistance: 1-877-623-6748 NorthCarolina Internet www.ncwaterquality.org Vtatmnift� An Eaual O000rtunity 1 Affirmative Action EmDlover L State Stormwater Management Systems Permit Number SW8120617 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT SERVED BY AN OFF -SITE PERMITTED STORMWATER BMP In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended and other applicable Laws, Rules, and Regulations, PERMISSION IS HEREBY GRANTED TO Friendzy'z, LLC Friendzy'z 5820 Market Street, Wilmington, New Hanover County FOR THE construction of impervious areas with runoff to be treated In an offsite permitted stormwater facility, in compliance with the provisions of SL 2008-211 and Title 15A NCAC 2H .1000 (hereafter collectively referred to as the "stormwater rules') and the approved stormwater management plans, application, supplement, specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The stormwater runoff from the site will be routed to the wet pond operated and maintained by Carmar Park Association under the terms and conditions set forth in the latest version of Permit No. SW8 000647. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS The runoff associated with this project has been approved to be discharged into a stormwater management system permitted under the latest version of SW8 000647. 2. The built -upon area allocated to this development by Stormwater Management Permit No. SW8 000647, is 109,311 square feet. This project proposes 85,248 square feet. The amount available for future development is 24,063 square feet. All stormwater conveyance and collection systems must be located in dedicated common areas or recorded easements. The final plats for the project will be recorded showing all required public rights -of -way, common areas and easements, in accordance with the approved plans. 4. The runoff from the permitted built -upon area of this project must be collected and conveyed to the permitted offsite stormwater BMP. II. SCHEDULE OF COMPLIANCE 1. This permit is issued contingent on the construction of the permitted offsite stormwater BMP being complete and in compliance with the conditions of permit number SW8 000647, issued to Carmar Park Association on July 27, 2012, as subsequently revised, modified, or renewed. Prior to the construction of any built -upon area associated with this permit, the offsite permittee shall have constructed, operated, maintained, and certified the offsite stormwater management system in compliance with SW8 000647. Page 2 of 5 State Stormwater Management Systems Permit Number SW8120617 2. The permittee shall construct and maintain the proposed stormwater runoff conveyance and collection system and the built -upon areas to the dimensions, elevations and grades as shown on the approved plans. 3. This lot is limited to the amount of built -upon area specified in Section 1.2 of this permit, and as reported on the application, the supporting calculations and as shown on the approved plans. The project must maintain a built - upon area less than or equal to the amount permitted under Stormwater Permit No. SW8 000647. A total built -upon area in excess of the maximum allowed amount will require a modification to SW8 000647 prior to construction. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. After construction the permittee shall maintain the grassed areas, slopes and vegetated runoff conveyances on the lot in a densely vegetated state. 5. The permittee is responsible for keeping the stormwater collection system within the lot property boundaries clear of trash, debris and sediment, and must control the sediment on the lot in accordance with the requirements of the NC Erosion and Sediment Control Design Manual. The permittee shall follow the minimum maintenance procedures and intervals for the lot's built -upon areas and its stormwater collection / conveyance system as indicated in the Operation and Maintenance agreement. 6. The permittee shall maintain and repair or replace any of the components of the lot's stormwater collection and conveyance system such that the lot's runoff is captured and adequately conveyed to the BMP. 7. Upon completion of the permitted construction on this lot, and prior to occupancy of the facility, the permittee shall submit to the Division the completed Designer's Certification accompanied by an as -built survey of the projects built -upon areas and stormwater collection / conveyance system. 8. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign of or addition to the maximum approved amount of built -upon area. C. Further development, subdivision, acquisition. or sale of any, all or part of the project area covered by this permit. d. The construction of built -upon area within any future development area noted on the approved plan. e. Alteration of any component of the approved stormwater conveyance/collection system shown on the approved plan. 9. The Director may determine that other revisions to the project should require a modification to the permit. 10. This permit shall become void unless the stormwater collection system and built -upon areas of the lot are constructed and maintained in accordance with the conditions of this permit and per the supporting documents that are enforceable parts of this permit. 11. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is effective only with respect to the nature and volume of stormwater described in the application, supplement, and other supporting data. Any other activities undertaken at this site prior to receipt of the necessary permits or approvals to do so from any local, state or federal government agency having jurisdiction, are considered violations of NCGS 143-215.1, and subject to the enforcement procedures pursuant to NCGS 143- 215.6. Page 3of5 State Stormwater Management Systems Permit Number SW8120617 This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Water Quality at least 60 days prior to any one or more of the following events: a. Further subdivision, sale or conveyance of this lot. determined by a DWQ inspection. b. Bankruptcy or foreclosure; c. Dissolution of the corporate entity or partnership; d. A name change of the permittee; e. A name change of the project; f. A mailing address change of the permittee; The project must be in compliance with the permit, as 3. The approval of a permit transfer request will be considered on its merits and may or may not be approved. 4. The permittee is responsible for compliance with all terms and conditions of this permit until such time as the Director approves the permit transfer. Neither the sale of the project nor the conveyance of common area to a thins party shall be considered as an approved transfer of the permit. 5. Any person or entity found to be in noncompliance with the terms and conditions of this stormwater management permit or the stormwater rules is subject to enforcement procedures in accordance with North Carolina General Statute 143 Article 21. The permittee grants permission for DEN Staff to enter the property for the purpose of inspecting all components of the permitted stormwater management facility. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 8. Approved plans, application, supplement forms, calculations and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, the approved plans and supporting documents shall be maintained on file by the Permittee for the life of the project. 9. None of the development activities associated with the construction of this project shall cause a wetland standard violation, a stream standard violation, or other water quality violation. These violations are subject to civil penalties of up to $25,000.00 per violation per day pursuant NCGS 143-215.6. Permit issued this the 27th day of July 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION <*ora�Oesakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 4 of 5 State Stormwater Management Systems Permit Number SW8120617 Stormwater Project Number SW8120617 Fdendzy'z New Hanover County Designer's Certification — Offslte Lot I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Certification Requirements: 1. The lot contains no more than the maximum permitted amount of built -upon area. 2. All the built -upon area associated with this permit is graded such that the runoff drains to the permitted offsite BMP. 3. The lot has been stabilized with permanent vegetation to prevent erosion. 4. Vegetated slopes are no steeper than 3:1. Roof drains are located such that building runoff drains into the system. _. The inlet from this project into the approved offsite BMP is located per the approved plans and does not cause short-circuiting. 7. The stormwater conveyance / collection system on the lot adequately conveys the design storm runoff to the system and has not been altered from its permitted condition. cc: NCDENR-DWQ Inspector, New Hanover County Building Inspections Page 5 of 5 DWQ USE ONLY Da Received Fee Paid Permit Number Applicable Rules: Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Friendzv'z 2. Location of Project (street address): 5820 market Street City:Wilmington County:New Hanover Zip:28405 3. Directions to project (from nearest major intersection): Project is approximately 1,900 LF heading north on Market Street from Market Street/Eastwood Road intersection on the right 4. Latitude:34° 14' 57" N Longitude:77° 51' 27" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): []New ®Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberS.=7 _,its issue date (if known)February 26, 2004 and the status of construction: ❑Not Started ®Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ®Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑NPDES Industrial Stormwater ®Sedimentation/Erosion Control: 3.48 ac of Disturbed Area ❑404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: JUN 2 7 2012 Bv:_fL,�-dlff % T EC E z a you Form SWU-101 Version 07Jun2010 Page 1 of 6 III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Friendzy'z. LLC Signing Official & Title:Nicole Turley - Member/Manager b. Contact information for person listed in item 1a above: '1t3 Street Address:F449 HuntinLr RidLye Road k . /a5 City:Wilmington State:NC Zip:28411 Mailing Address (if applicable): City: State: Zip: Phone: (910 ) 297-2657 Fax: Emaitnicturley®gmail.com c. Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ® Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:Gulf. Worsley & Cowper Properties, LLC Signing Official & Title:Ton T. Vincent - Manager b. Contact information for person listed in item 2a above: Street Address:1508 Military Cutoff Road, Suite 302 City:W hTLington State:NC Zip:28403 Mailing Address (if applicable): City: State: Zip: Phone: (910 ) 256-0101 Fax: ( ) Email: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: 1 Signing Official & Title: b. Contact information for person listed in item 3a above: JUN 2 % 2012 Mailing Address:_ "�X. "" City: State: Zip: Phone: ( ) Fax: Email: _ 4. Local jurisdiction for building permits: New Hanover Coun �J Point of Contact: Phone #: 2 Form SWU-101 Version 07Jun2010 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, bn'eflv summarize how the stormwater runoff will be treated. Offsite wet detention basin 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUDApproval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW —1995 ❑ Ph H — Post Construction 3. Stormwater runoff from tl-us project drains to the Cape Fear River basin. 4. Total Property Area: 3.48 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area': 3.48 acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 72.2 % 9. How many drainage areas does the project have?1 (For high density, count I for each proposed engineered stormwater BMP. For low density and other projects, use I for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information DramageAreal Drain e Area ,-._, Draina e Area _ Drainage Area Receiving Stream Name Bradley Creek/Cape Fear Stream Class * Sc, HQW Stream Index Number * 18-87-24-4-(1) Total Drainage Area (sf) 151,475 On -site Drainage Area (sf) 151,475 Off -site Drainage Area (sf) Proposed Impervious Area** (sf) 109,311 % Impervious Area** (total) 72.2 Im-4ous" Surface Area Drainage Area _ Drainage Area Drainage Area Drainage Area On -site Buildings/Lots (sf) 20,620 On -site Streets (sf) On -site Parking (sf) 1,262 On -site Sidewalks (sf) 3,590 _ M Other on -site (sf) 12,247 ' ` Future (sf) 24,063 JUN Off -site (sf) ' f Existing BUA*** (sf) 47,529 . __ Total (sf): 109,311 * Stream Class and Index Number can be determined at: http:142ortal.n.cden.r.org/web/wq[2s/csu/classifications ** Im envious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 07Jun2010 Page 3 of 6 �* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. *** Report only that amount of existing B UA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Pro 8ects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subiect to more stringent stormwater requirements as per NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from h!W://12ortal.ncdenr.org/web/wq/ws/su/bMp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from htW://portal.ncdenr.org/web/LAA/ws/su/statesw/forms docs. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. AU original documents WJST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://yortal.ncdenr.org/web/wq/ws/su/statesw/forms docs. tials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part V11 below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M A, P agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http:/ /www.envhelp.org/pages/onestopexRress.htnil for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/z mile radius on the map. n 7. Sealed, signed and dated calculations. �l 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. C I ,N e. North arrow. f. Scale. g. Revision number and dates. JUN 2 % 2012 h. Identify all surface waters on the plans by delineating the normal pool elevatio If impounded structures, the banks of streams and rivers, the MHW or NHW line pf tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal wat s'. i. Dimensioned property/project boundary with bearings & distances. ��� �� j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevatio 202 1. Details of roads, drainage features, collection systems, and stormwater contro ea Form SWU-101 Version 07Jun2010 Page 4 of 6 m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). V tat d buff h - d F. ege a ers (w ere requue }. ��� 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 5266 Page No: 1909 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hgg:/ /www.secretaly.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/wg/ws/su/statesw/forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the s �ilV E,- VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individu POfZJ AR as consulting engineer and/or firm) so that they may provide information on your behalf project (such as addressing requests for additional information). Consulting Engineer:Garry S. Pape, P.E. Consulting Firm: GSP Consulting, PLLC. Mailing Address:6626 Gordon Road, Unit C City:Wilmin Ion Phone: (910 ) 442-7870 Email:gpape®gsp-consulting.com State:NC Zip:28411 Fax: (910 ) 799-6659 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) Ton T. Vincent , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) Nicole Turley with (print or type name of organization listed in Contact Information, item 1a) Friendzy'z, LLC to develop the project as rend a copy of the lease agreement or pending property sales contract has been provided with the Cates the party responsible for the operation and maintenance of the stormwater system. )� p Z 4 LUIL Form SWU-101 Version 07Jun2010 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Date: 4, 1 I, a Notary Public for the State of �� e_ County of do hereby certify that TDn l . \J I ���� personally appeared before me this day of��� and ac wledge th ue execution -of the a plication for a stormwater permit. Witness my hand and official se SEAL My commission expires.,1T;Z� — N _ \1 X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Nicole Turley certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H .1000, SL 2006-246 (Ph. H - Post Construction) or SL 2008-211. Signature: Date: 6 of N e#•1, C& I O'k- , County of of I6*1 commission expires &? (1 `It "EE-E ... UN 2 7 2012 EIVE� Form SWIJ-101 vcrsion 07Jun2010 Page 6 of 6 Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM OFF -SITE SYSTEM SUPPLEMENT FOR DEVELOPMENT DRAINING TO PERMITTED OFF -SITE TREATMENT SYSTEMS This form may be photocopied for use as an original DWO Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an off -site system supplement for each off -site stormwater treatment system, appropriate supplement forms for any on -site stormwater treatment systems, and plans and specifications showing all stormwater conveyances and drainage details for the project. I. PROJECT INFORMATION Project Name: Friendzy'z Contact Person: Garry S. Pape, P.E. - GSP Consulting, PLLC Phone Number: ( 910)442-7870 Is all drainage from the project directed to the off -site system? (check one): ® Yes ❑ No II. OFF -SITE SYSTEM INFORMATION (please complete the following information for the off -site system that will treat runoff from your project): Permit No. SW8 000647 Project Name:Market Street Business Type of System (wet pond, infiltration basin, etc.):wet pond Lot No. (if part of a subdivision):2 How much built upon area draining to the permitted treatment system has been allocated to this project? 109311 III. REQUIRED ITEMS CHECKLIST Prior to issuing an off -site permit, verification of the following information must be provided. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. nF:CEiVEX1% JUN 2 7 2012 Form SW40 1 -Off-Site System-Rev.1 Page 1 of 2" sv:� Applicants Initials a. Deed restrictions limiting the built -upon area on the site have been recorded. _jJ - b. Engineers certification for the existing off -site system has been submitted to DWQ. 'r c. There are no outstanding Notices of Violation for the off -site system. d. Off -site system is in compliance with the issued permit. IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time. 2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and ditches will be reseeded or sodded following sediment removal. 3. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated as needed based on monthly inspections. 4. The collection system, including catch basins, curb cuts, velocity reduction devices, and piping, will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices, and piping. 5. The collection system may not be altered in any way without prior approval from NCDENR Division of Water Quality. EC E'V►E APR 2 4 2012 5 I acknowledge and agree by my signature below that I am responsible for maintainle stormwater coll ' ion system in accordance with the five maintenance procedures listed above. I agree to n8t6;FrD3UQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title:Friendzy'z, LLC - Nicole Turley - Member/Manager 28412 Phone: Signati Note: The legally responsible party should noWa homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, Gala r `4 s • �� C. , a Notary Public for the State of P 0 r Laia Ui �, County of NOW 0t^-bv4&f , do hereby certify that 1yo�C -T_r � m personally appeared before me this f�M day of : 1 �i.�+� 'tom , and acknowled a the due execution of the forgoing d t d'`�°" a Rt r nwater collection sysrxq nce requirements. Witness my hand and official seal, t JUN 2 7 2012 �"��„��_ A NIOTAF?y, BY: Notary Publ Z E1BL�G �2� My commission expires 0411 Form SWU-106 Rev $ i3'�`� "`� Page 2 of 2 ■'IME Vt_V1L_FNM _ INV I CJ. 1. NEW HANOVER CO. PARCEL NO.: IN -314815.53.2992 k f g PID R05010-001=003-000 r SITE ADDRESS: 5820 MARKET STREET 2. TOTAL TRACT AREA 3.48 AC.t �} ---- __..--- 3. EXISTING ZONING DISTRICT RB -�..----_-_--_-�___ Ord__________ __ .- - - - - - - REQUIRED ci F6_4 B° f __ nskor {6L1 i�uSTic tij _____ - SETBACKS - 25' FRONT 25' CORNER O' SIDE CasYeaat LL£ 15' REAR } PROVIDED �, Y.� C,..,., — t t; it i k} } i n — -.. - ..._._ — SETBACKS - 362.1' FRONT (MARKET STREET) ib'J ¢t{ 66.5 WEST SIDE € { 12.3'_EAST SIDE 214.0' REAR } I U4°; fl 11 T I - 4. CAMA LAND CLASSIFICATION: URBAN ir�5. THIS PROPERTY DOES NOT CONTAIN 401 OR 404 WETLANDS t '} 6. THE TRACT IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. REFERENCE } ,}it WOW ;} a NC FIRM MAP # 370314800J, EFFECTIVE APRIL 3, 2006. } " 7. DUMPSTER PAD TO BE LOCATED ON ADJACENT PROPERTY. it !€ j ,-.—. — � DEVELOPMENT DATA: _-_ _!____ _ } _ _ _ _ _ _ _ _ -----------_ _-_ _---------__ LOT AREA - .48 } j ------------ PROPOSED 3 AC t ,• � r � '"t' .�' ,� °' dire ; PROPOSED LAND USE: PRIVATE RECREATION FACILITY BLDG. COVERAGE: 20,528 S.F. (13.57*) GROSS FLOOR AREA: 20,268 S.F. 5S L BLDG. HGT. - 1-STORY f 35' } , -- .�_.v... �.,.�... PARKING - i MIN. REO'D. 0 1-SP./400 S.F. GF'A 51 MAX. PERMT'D. 0 1 SP./200 S.F. = 101 89 SPACES PROV'D. *' (H/C REO'D. 0 4 FOR 76-100 SPACES) _ 4 H/C SPACES PROV'D. #* BIKE PARKING - MIN. REO'D. 0 5 f 100 PARKING SPACES = 5 SHT C-0 COVER SHEET : 5 SPACES PROV'D.: V I L, 11 V 1 1 T IVI fA l� (ITS) SHT C 1 GENERAL NOTES SEWER & WATER CAPACITY PROPOSED SEWER -'6075 GPD (0 15 GPD/PERSON) PROPOSED WATER - 7594 DEVELOPS OWNER SHT C--2 EXISTING CONDITIONS PLAN GPD (0 1.25% SEWER USE) ACES - SURF SHT C-3 SITE INVENTORY PLAN SUF EXISTING BUA 49,454 S.F. APPROVED LEut'N"' D SHT C-4 SITE, GRADING, UTILITY, DRAINAGE & BUA TO BE REMOVED - 1,925 S.F.SUBTOTAL 47.529 S.F. NORTH` A LI E IR NMEN Friendzy'z, EROSION & SEDIMENT CONTROL PLAN' ON -SITE NEW BUA MANAGEMENT COMMISSION DESCRIPTION EXISTING PROPOSED 713 HUNTING RIDGE ROAD SHT C-5 STANDARD DETAILS ROOFTOP 20,620 S.F. DIVISION OFWATER QUALITY --------------------- 1 CONTOURINTERVAL PAVEMENT - 1,262 S.F. WILMINGTON, NC 284�12 SHT C-6 STANDARD DETAILS OTHER (RUBBER SURFACE) 12,247 S.F. g t�pc�V"A Pt0 5' CONTOUR INTERVAL --------.�-- CONCRETE - 3,590 S.F. 10 PHONE: (910) 279-2657 SHT L-1.1 - LANDSCAPE PLAN SUBTOTAL 37,719 S.F. PROPERTY LINE ----#--¢-�-�--- (NOTE: NC DWO STORMWATER PERMIT #-5W8 000647 ALLOWS FOR UP TO 109,311 ROADWAY CENTERLINE _._ .....___ _ ____ __ _.._ _ _-_._ _ _-------_—_--- S.F. OF BUA COVERAGE FOR THIS LOT.) EXISTING BUA - 47,529 S.F. ... PROPOSED BUA 37,719 S.F. �_ x RIGHT OF WAY LIMITS. _.,,.®..._... o... _..._..._.,._. _..._........_..._..._..._..._ U EASEMENT LINE..... - ..........................-_._.._..a.,;_.:_-, TOTAL BUA - 85,248 S.F. _ ; CURB & GUTTERFUTURE AVAILABLE BUA 24,063 S.F. B�?Ci�� -, SANITARY SEWER FACILITIES DEVELOPMENT NOTES: 1. ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE CITY OF WILMINGTON STORM SEWER FACILITIES - - - - - - - - LAND DEVELOPMENT CODE & TECHNICAL STANDARDS MANUAL. WATERLINE 2. PROJECT SHALL COMPLY WITH ALL CITY, STATE & FEDERAL REGULATIONS. PREPARED BY: FIRE HYDRANT ASSEMBLY WATERWAYS ---------------...---- N/A 000l0�00 aOOO°OO �0000 u i NORTH CAROLINA PROPOSED - Public Services s Engineering Division o o Q� f o b For each open utility cut of SEAL X CityLT0streets, a $325 permit APPROVED STORMWATER MANAGEMENT PLAN o o a PROPOSED LOT AND S.F. 5,000 s.f.mUs'Na L Co P a p o o° 03i315 e o o5dalkshall be required from the °° oFNG I NEB¢ OPEN SPACE LABEL Q PG' City prior to occupancy STREET SIGN Date: .Permit .# and/or project acceptance. Signed: °9 OPEN SPACE .. h � � � : � � 00u00 (! 6� z �� 404 WETLANDS 6626 Gordon Road, Unit C, Wilmington, North Carolina 28411 tel: 910-442-7870 fax: 910-799-6659 License # P-0718 Approved Construction Plan BUILDING SET BACKS pp Name 'Date NOTE: PRIVATE SANITARY SET BACKS FLOW DIRECTION ALL DESIGN AND CONSTRUCTION SHALL BE IN CONFORMANCE WITH Planning THE CITY OF WILMINGTON LAND DEVELOPMENT CODE, TECHNICAL Traffic STANDARDS MANUAL & THE STATE OF NORTH CAROLING . Fire PROJECT NAME: FRIENDZY'Z GSP CONSULTING PROJECT #: 2012-0001 - 200' 1 d i ! t I i I I I I ! ! I # ! ?1,ff.. SID I I Estate, LLC U.B. 54 40- 2384 � Zoning: RB d Land Use: ' Cor-rinnercic:al I E I i s i i _ ' 1 I L __ --- 1j i , i g! E t i 3 No.1 Revision h Sgnclized 04 -4- Intersection IV n 0 ! # i l 0 ' 3 � x� >l A f i LLJ 9 { I ! of i Eastwood I gg I --- I! 3 ------ Developers, LLC ( # { Z-onin g: R Land Use: ? Commercial i I (Cardinal Trade Center) ! n/f Ex. Gulf, Wflled l Bldg, Cowperi /f Properties, LLC i---- e, ; _ I' Cardinal Drive ! I I .B� 5266-? 909 i Associates, Ll C I ' i f D,BB 1 13-459 ! Zoning: RB.sxi ( Bldg. FT-�`� i Land Use: i I � �_ i # ii Zoning. �B � Q 1. _ 4 d Ex. i ! l Cornmercias __ !{ #gig. Land Use: g x. L X. _l Commercial E3dg, Q Bldg. X4o.7 i x4z.s 5„ 1 j (Cardinal Trade Center) ! ��--� 1� Pic � � I d P iST 13" S1Nl a�z �az.s X4s.G_ - x - z�.- _®- - - �- - �St�i� - _ - - X�3.s ----� 13� Po�4 4 _ _ - _ _ _ `^-.y- _ _ _ 1 _ 3 .5 11V SN7EEi GU1 x7 LUSTER" ✓tE - - x4=J-s' - -i'1_ P;NF_ = i a i 1 i;APLE z {a� - 43.2 j - i x39.2 13" i�AP_E t - - - x4 I ! li / f 10 MAPLE= `� _ - I X PINE 1" Pii�l - X4a.s - X;.6" Xat. 4� pf �° PII�IE 14" Pu1A�'I�� � � P1I�E / X '� z �•.i'`P N•-. f g # 7" P NE x.41.t I!1 y �X4�J.9 X4Ci.r ,, X12ct,-dc PIKE 1 4v.7 t F I ! k 19' P E ? PrN, 7" �' E P;n i i 1' P1t E r2y'�P!kE x EX. GRAVEL AREA .FIRE i 4 . \0.� , � � � x4J4 � az �� _ J � 16" PINE � -- - 12 PINE { I { TO BE REMOVED i iYL,R t T ''i 4u ,� \ rt Prr E 1 39.2 kt, X4,.s \ Si Uj x 4 8 x �:s T C8 j �. 1 \ E G 7 x3.s / x,9.4 / X4, f /¢ 8 SC d40,3/ r 1 y .38 x, va. ' d PINE ,,, f g° Plitilc Char M. 6 It 3s. ; X x3� i l 2 PIM 12' PINE 2" �lE ``"Y 4s Taylor F !, I M --- -- - ____ __ M M I P.NL 12" PINE ,z" P; e f 4€. / 12 OArC 2782-31 i f' �" PrN� s� ( �19r ________M __ ___M__? M __ 13" PirE/ X4Q.z _ Ex. 8-" PUBLIC WATERLINE {{{$7t x4u 4r f X4I.:e PIiY Gr. .w.® �..� n..- X 'w5.3 fl t 2' PINE ` t "`tp Nc `.g \Zoning: iS ' 'T' x39.7 P%IE I PINE 5" PINE �\ Land Use: f { _ Residential tss ry7 X1 PINE f - r 6 Efi { i 1 .G" PIiY' W [ ! I t l Xaa. ' - _ 1 i" PINE � f f t �u .r��� � » r � L#`t� Estate) ( 14" PlftiiE 3" PINE n � i d it xcJ.; t 1 Pfi�4X7 PINE { l EX. LIGHT POLE EX. LIGHT PALE i i xe I i i i sip TO BE REMOVED TO BE REMOVED 4 { �. i 14" PI z ` , °' / t. 17I e' l _ T i !l 4 x4G.8 x44.3 --. ,.-.44.' r� Ex t g6 I ff f ii 41.3 xa'z xa13 r House f �✓ i TREE LINE / x4t.,� ! } l \ f r TREE LINE 15 PINE PINE EX. GRV E (AREAS I 4,. x ° . 4 �# l } _ l IX �� i j Pi I x43.: x4t.6 - - I T4 6E VED �- IG 1 x4i,i �? l XgF¢ `-" ?i 41.T X42 \„„ :i /.in I !� �8 6 x4i.J , 1 P �x/ Ste 40,10 BC 4o.d 3' Pr f Xa :a \ ~ x4t.7 IF i5 n t V y -7., r�flVE PCL s"� �_� - x4s.z ! I { 4eX. QA x4 .& ItE - r - 40.v ✓ i I l z C% -® x J� SOIL ROAD �� =: a .o X 47.s x4.5 GRAVEL ROAD 4�� - � � - MI-ISS ! � L SAI R LIC. ss SS� _» m x40.7 - - -_ SS-- _ SS_..___ _ 0. s 39.55 4 R! _ x SS ___ --- - SS ® �- : ! S 20' '35 E 757.06' (MB 56 f 160 - -- , , --- e _---3N0-- - - ht{� - - --- -3F?) _ - F I € 5 Access E s [ `�` _ _ _ _ � ., v.--3-Rp- ---� � " S ° e { --- - 4�- LX. aft" S D i - __ - '" l� - _ - _ s ,R_^, �- ^� __ 'lU _�•---'1 LJ 'P}-a.'_' x4ii01 _ x40,77 :.�1. '- }_E X. 1 i1�,"J_-a-�3H .%•'... -r �e X-�V.> c n vd- f --! - x4Q.5 n f -- S/€� x40.5 - 4G.4R POLE = ti�r- X s Mitchell 8 q - - amlly, LLC { } Ex. 18" S/D - spy- - _- --" - �" ` f D.B.5596-1157 s. Zoning: R8 1 �� ._.....�� Land Use: Commercial ! Existing Stflrrinwater Pflnci NC_D Q Permit #SW8 000647 . i I M, s. 56 f 160 l . i Zoning: RB ` # Land Use: Pond/ ! Drainage Easement F t t { ## 006 O00 10 t j ®0 00ti ,00 °o v Bldg. M 8 ' # $ 0,1315Zz 0 0 o 00 o c r o _ - Approved Construction Plan Name Date For each open utility cut of City streets, a $325 permit Planning shall be required from the City. prior to occupancy Traffic ®o® Designer GSP Scale 1 " = 50' Drawn By Date GSP APRIL 2012 License # job No. P-0718 2012-0001 and/or project acceptance. ■ Fire { CAP 14. aMN JUN-2 2iA F2- - Public Services ® Engineering Division APPROVED STORMWATER MANAGEMENT PLAN { GRAPHIC SCALE Date: Permit # 30 o is 30 60 Signed: 1 inch = 30 ft. PREPARED FOR: Friendzy'z, LLC. 713 Hunting Ridge Road Wilmington, NC 28412 910-297-2657 Uff- Erm L"ftuff"O" Nza" ftI- ENURE LE I 101 IN10 b 7 ErEwl &R OL L C' Sheet No. EG1 N EER1 N G C111112. 6626 Gordon Road Unit C Wilmington, North Carolina 28411 tel: 910 442-7870 fax: 910-799-6659 : ■O® FRIENDZY7 Hanoveri1minaton New North Carolina i 6 -IfrN A-Tu Qf-) '`N7lttyt.t- jcl OPERATING AGREEMENT CJ r OF FRIENDZY'Z, LLC THIS OPERATING AGREEMENT (this "Agreement") of FRIENDZY'Z, LLC (the "Company"), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, is executed effective as of the 1st day of July, 2012, by and among the Company and the persons executing this Agreement as the initial Members (as defined below). ARTICLE I DEFINITIONS 1.1. Definitions. The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): a) "Act" means the North Carolina Limited Liability Company Act, as the same may be amended from time to time. b) "Agreement" means this Operating Agreement, as same may be amended from time to time. c) "Articles of Organization" means the Articles of Organization of the Company filed with the Secretary of State, as amended or restated from time to time. d) "Capital Account" means for each Member the account established pursuant to Section 7.2 hereof and maintained in accordance with the provisions of this Agreement. e) "Capital Contribution" means any contribution to the capital of the Company in cash or property by a Member whenever made. f) "Code" means the Internal Revenue Code of 1986, as amended from time to time (and any corresponding provisions of succeeding law). g) "Company" means FRIENDZY'Z, LLC. h) "Fiscal Year" means the calendar year•, provided that the first Fiscal Year of the Company shall commence on the date of formation of the Company and continue through December 31, 2012. i) "Income " means, for each Fiscal Year or other period, each item of income and gain as determined, recognized and classified for federal income tax purposes, provided that any income or gain that is exempt from federal income tax shall be included as if it was an item of taxable income. j) "Initial Capital Contribution" means the initial contribution to the capital of the Company made by a Member pursuant to Article VII, Section 1(a) of this Agrpgment JUL 24 2012 vtq br a, t Yb k) "Majority" means a combination of any Members that own more than fifty percent (50%) of the membership interests of the Company. 1) "Majority in Interest" means, with respect to any referenced group of Members, a combination of any of such Members who, in the aggregate, own more than fifty percent (50%) of the Membership Interests owned by all of such referenced group of Members. m) "Member" means each Person designated as a member of the Company on Schedule I hereto, or any additional member admitted as a member of the Company in accordance with Article IX "Member" refers to such Persons as a group. n) "Membership Interest" means all of a Member's rights in the Company, including without limitation, the Member's share of the profits and losses of the Company, the right to receive distributions of the Company's assets, any right to vote and any right to participate in the management of the Company as provided in the Act and this Agreement. As to any Member, Membership Interest shall mean the percentage set forth opposite such Member's name on Schedule I hereto. o) "Person" means an individual, a trust, an estate, or a domestic corporation, a foreign corporation, a professional corporation, a partnership, a limited partnership, a limited liability company, a foreign limited liability company, an unincorporated association, or another entity. p) "Secretary of State " means the Secretary of State of North Carolina.. ARTICLE II FORMATION OF THE COMPANY 2.1. Formation. The Company was formed on April 13, 2012, upon the filing with the Secretary of State of the Articles of Organization of the Company. In consideration of the mutual premises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the rights and obligations of the parties and the administration and termination of the Company shall be governed by this Agreement, the Articles of Organization and the Act. 2.2. Name. The business and affairs of the Company shall be conducted under the name FRIENDZY'Z , LLC. The name of the Company may be changed from time to time by amendment of the Articles of Organization. The Company may transact business under an assumed name by filing an assumed name certificate in the manner prescribed by applicable law. 2.3. Registered Office and Registered Agent. The Company's registered office shall be 713 Hunting Ridge Road, Wilmington, NC 28412, and the name of its initial registered agent at such address shall be Judi Edelman. 2.4. Principal Place of Business. The principal place of business of the Company within the State of North Carolina shall be 713 Hunting Ridge Road, Wilmington, NC 28412. The Company may locate its place(s) of business and registered office at any other place or places as the Members may from time to time deem necessary or advisable. 2.5. Term. The Company shall continue in existence as specified in the Company's Articles of Organization, unless the Company is earlier dissolved and its affairs wound up in accordance with the provisions of this Agreement or the Act. 2.6. Purposes and Powers. a) The Company may engage in any lawful business for which limited liability companies may be organized under the Act unless a more limited purpose is stated in the Articles of Organization. b) The Company shall have any and all powers which are necessary or desirable to carry out the purposes and business of the Company, to the extent the same may be legally exercised by limited liability companies under the Act. The Company shall carry out the foregoing activities pursuant to the arrangements set forth in the Articles of Organization and this Agreement. 2.7. Nature of Members' Interests. The interests of the Members in the Company shall be personal property for all purposes. Legal title to all Company assets shall be held in the name of the Company. Neither any Member nor a successor, representative or assign of such Member, shall have any right, title or interest in or to any Company property or the right to partition any real property owned by the Company. Interests may be evidenced by a certificate of membership interest issued by the Company, in such form as the Members may determine. ARTICLE III MANAGEMENT 3.1. Management. The business and affairs of the Company shall be managed by the Members. In addition to the powers and authorities expressly conferred by this Agreement upon the Members, the Members shall have full and complete authority, power and discretion to manage and control the business of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary to or incident to the management of the Company's business. 3.2. Committees of the Members. The Members, by resolution, from time to time may designate from among the Members one or more committees, each of which shall be comprised of one or more of the Members, and may designate one or more of the Members as alternate Members of any committee, who may, subject to any limitations imposed by the Members, replace absent or disqualified Members at any meeting of that committee. Any such committee, to the extent provided in such resolution or in this Agreement, shall have and may exercise all of the authority of the Members, subject to any restrictions contained in this Agreement or the Act. 3.3. Execution of Documents. After approval as provided in Article V below, and may execute and deliver documents pertaining to Company business and same shall be binding on the Company. ARTICLE IV MEMBERS 4.1. Names and Addresses of Members. The names, addresses and Membership Interests of the Members are as reflected in Schedule I attached hereto and made a part hereof, which Schedule shall be as amended by the Company as of the effectiveness of any transfer or subsequent issuance of any Membership Interest. 4.2. Admission of Members. a) In the case of a Person acquiring a Membership Interest directly from the Company, the Person shall become a Member with respect to such Membership Interest on compliance with the requirements of Article IX and making the Capital Contributions specified in Article VII, Sectionl. b) An assignee of a Membership Interest shall become a Member on compliance with the requirements of Article IX. c) Any Person may become a Member in accordance with Article IX unless such Person lacks capacity or is otherwise prohibited from being admitted by applicable law. ARTICLE V MEETINGS OF MEMBERS 5.1. Annual Meeting of Members. An annual meeting of the Members will be held at such time and date at the principal office of the Company or at such other place within or without the State of North Carolina as shall be designated by the Members from time to time and stated in the notice of the meeting. The purposes of the annual meeting need not be enumerated in the notice of such meeting. 5.2. Special Meeting of Members. Special meetings of the Members may be called by the holders of not less than fifty percent (50%) of all the Membership Interests. Business transacted at all special meetings shall be confined to the purpose or purposes stated in the notice. 5.3. Notice of Meetings of Members. Written notice stating the place, day and hour of the meeting and, additionally in the case of special meetings, stating the principal place of business of the Company as the location and the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) nor more than sixty (60) days before the date of the meeting, to each Member of record entitled to vote at such meeting. 5.4. Record Date. For the purpose of determining Members entitled to notice of or to vote at any meeting of members or any adjournment thereof, or Members entitled to receive payment of any distribution, or to make a determination of Members for any other purpose, the date on which notice of the meeting is mailed or the date on which such distribution is declared, as the case may be, shall be the record date for such determination of Members. When a determination of Members entitled to vote at any meeting of Members has been made as provided in this Section, such determination shall apply to any adjournment thereof. 5.5. Quorum. A Majority in Interest of the Members shall constitute a quorum at all meetings of the Members, except as otherwise provided by law or this Agreement. Once a quorum is present at the meeting of the Members, the subsequent withdrawal from the meeting of any Member prior to adjournment or the refusal of any Member to vote shall not affect the presence of a quorum at the meeting. If, however, such quorum shall not be present at the opening of any meeting of the Members, the Members entitled to vote at such meeting shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until the holders of the requisite amount of Membership Interests shall be present or represented. 5.6. Actions by Members Other than for Election of Members. Except for a matter for which the affirmative vote of the holders of a greater portion of the Membership Interests entitled to vote is required by law, the Articles of Organization or this Agreement, not less than fifty percent (50%) of all the Membership Interests shall be authorized to act for the membership. All actions of the Members provided for herein may be taken by written consent without a meeting. Members may participate in any meeting of the Members by means of a conference telephone or similar communications equipment, provided all persons participating in the meeting can hear one another, and such participation in a meeting shall constitute presence in person at the meeting. 5.7. List of Members Entitled to Vote. The Members shall make, at least ten (10) days before each meeting of Members, a complete list of the Members entitled to vote at such meeting, or any adjournment of such meeting, arranged in alphabetical order, with the address of and the Membership Interest held by each, which list, for a period of ten (10) days prior to such meeting, shall be kept on file at the registered office of the Company and shall be subject to inspection by any Member at any time during usual business hours. Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to inspection of any Member during the whole time of the meeting. However, failure to comply with the requirements of this Section shall not affect the validity of any action taken at such meeting. 5.8. Registered Members. The Company shall be entitled to treat the holder of record of any Membership Interest as the.holder in fact of such Membership Interest for all purposes, and accordingly shall not be bound to recognize any equitable or other claim to or interest in such Membership Interest on the part of any other person, whether or not it shall have express or other notice of such claim or interest, except as expressly provided by this Agreement or the laws of North Carolina. ARTICLE VI LIMITATION OF LIABILITY AND INDEMNIFICATION OF MEMBERS 6.1. Limitation of Liability. No Member of the Company shall be liable to the Company or its Members for monetary damages for an act or omission in such person's capacity as a Member, except as provided in the Act for (i) acts or omissions which a Member knew at the time of the acts or omissions were clearly in conflict with the interests of the Company, (ii) any transaction from which a Member derived an improper personal benefit, or (iii) acts or omissions occurring prior to the date this provision becomes effective. If the Act is amended to authorize action further eliminating or limiting the liability of Members, then the liability of a Member of the Company shall be eliminated or limited to the fullest extent permitted by the Act as so amended. Any repeal or modification of this section shall not adversely affect the fight or protection of a Member existing at the time of such repeal or modification. 6.2. Indemnification. The Company shall indemnify the Members to the fullest extent permitted or required by the Act, as amended from time to time, and the Company may advance expenses incurred by the Member upon the approval of the Members and the receipt by the Company of an undertaking by such Member unless it shall ultimately be determined that such Member is not entitled to be indemnified by the Company against such expenses. The Company may also indemnify its employees and other representatives or agents up to the fullest extent permitted under the Act or other applicable law, provided that the indemnification in each such situation is first approved by Members owning a Majority in Interest. 6.3. Other Rights. The indemnification provided by this Agreement shall: (i) be deemed exclusive of any other rights to which a person seeking indemnification may be entitled under any statute, agreement, vote of Members, or otherwise; (ii) continue as to a person who ceases to be a Member; (iii) inure to the benefit of the estate, heirs, executors, administrators or other successors of an indemniee; and (iv) not be deemed to create any rights for the benefit of any other person or entity. 6.4. Report to Members. The details concerning any action to limit the liability, indemnify or advance expenses to a Member taken by the Company shall be reported in writing to the Members with or before the notice or waiver of notice of the next Members' meeting or with or before the next submission to Members of a consent to action without a meeting or, if sooner, separately within ninety (90) days immediately following the date of the action. ARTICLE VII CONTRIBUTIONS TO CAPITAL AND CAPITAL ACCOUNTS; LOANS 7.1. Capital Contribution: Loans. a) Upon execution of this Agreement, each Member agrees to contribute cash to the Company in the amount set forth as the Initial Capital Contribution of such Member on Schedule I, attached hereto. b) If the Members determine that the Initial Capital Contributions are insufficient to carry out the purposes of the Company, the majority in interest of the Members may require additional contributions to the capital of the Company. In such event each of the Members shall be obligated to make such additional contributions (each an "Additional Capital Contribution") to the Company ratably in accordance with such Members' then existing Membership Interest within the time period approved by the Majority in Interest of the Members. In the event any Member fails to fulfill any commitment to contribute additional capital (the "Defaulting Member"), the Members may elect to allow the remaining Members (the "Lending Members") to contribute to the Company, pro rata by Membership Interest, such Additional Capital Contribution. All amounts so contributed by the Lending Members shall be considered a loan to the Defaulting Member bearing interest at the prime rate, as set out in the Wall Street Journal on the date of the loan, plus one percent (1%) simple interest, until repaid. In addition, until all of such loans are repaid by the Defaulting Member, all distributions from the Company which would have been paid to the Defaulting Member shall be paid to the Lending Members in proportion to the then outstanding interest and principal of such loans. c) No Member shall be paid interest on any Capital Contribution to the Company. d) In addition to the loans to the Defaulting Member provided for in Section 1(b) above, upon approval of the terms thereof by the Members, any Member may make a loan to the Company upon commercially reasonable terms. Loans by a Member to the Company shall not be considered Capital Contributions. 7.2. Capital Accounts. a) The Company shall maintain a separate capital account (each a "Capital Account") for each Member pursuant to the principles of this Section 2 and Treasury Regulation Section 1.704-1(b)(2)(iv). The Initial Capital Account of each Member shall be the Initial Capital Contribution of such Member. Such Capital Account shall be increased by (i) the amount of the subsequent Capital Contributions of such Member to the Company under Article VII, Section 1 and (ii) such Member's allocable share of Company Income and Net Income pursuant to Article VIII, Section 3. Such Capital Account shall be decreased by (i) the amount of cash distributed to the Member by the Company pursuant to Article VIII, Section 1 and (ii) such Member's allocable share of Loss and Net Loss pursuant to Article VIII, Section 3. b) The provisions of this Section 2 and other portions of this Agreement relating to the proper maintenance of Capital Accounts are designed to comply with the requirements of Treasury Regulation Section 1.704-1(b). The Members intend that such provisions be interpreted and applied in a manner consistent with such Treasury Regulations. The Members are authorized to modify the manner in which the Capital Accounts are maintained if the Members determine that such modification (i) is required or prudent to comply with the Treasury Regulations and (ii) is not likely to have a material effect on the amounts distributable to any Member upon the dissolution of the Company. 7.3. Withdrawal or Reduction of Members' Contributions to Capital. a) No Member shall have the right to withdraw all or any part of its Capital Contribution or to receive any return on any portion of its Capital Contribution, except as may be otherwise specifically provided in this Agreement. Under circumstances involving a return of any Capital Contribution, no Member shall have the right to receive property, other than cash. b) Except as shown on Schedule II attached, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Income, Net Losses or distributions; provided that this subsection shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company. 7.4. Liability of Members. No Member shall be liable for the debts, liabilities or obligations of the Company beyond his or its respective Initial Capital Contribution and any Additional Capital Contribution required of such Member pursuant to Article VII, Section 1(b) above. Except as otherwise expressly provided herein, no Member shall be required to contribute to the capital of, or to loan any funds to, the Company. ARTICLE VIII DISTRIBUTIONS, ELECTIONS AND REPORTS 8.1. Distributions. As shown on Schedule II attached, the Members shall distribute Cash and other property at such times and in such amounts as they, acting with majority approval, may determine, in their sole discretion. All distributions of Cash or other property shall be made to the Members in proportion to their respective Membership Interests. Except as provided in this Agreement, all distributions of Cash and property shall be made at such time as determined by the Members. 8.2. Limitation Upon Distributions. No distribution shall be declared and paid if payment of such distribution would cause the Company to violate any limitation on distributions provided in the Act. 8.3. Allocations for Tax Purposes. Each item of Income, Net Income or Net Loss of the Company shall be allocated to the Members as shown on Schedule II attached. 8.4. Tax Matters Partner. The Members may designate a Member as the "tax matters partner" for federal income tax purposes. The tax matters partner is authorized and required to represent the Company in connection with all examinations of the Company's affairs by tax authorities, including resulting administrative and judicial proceedings, and to expend Company funds for professional services and costs associated therewith. The tax matters partner shall have the final decision making authority with respect to all Federal income tax matters involving the Company. The Members agree to cooperate with the tax matters partner and to do or refrain from doing any or all things reasonably required by the tax matters partner to conduct such proceedings. Any direct out-of-pocket expense incurred by the tax matters partner in carrying out his obligations hereunder shall be allocated to and charged to the Company as an expense of the Company for which the tax matters partner shall be reimbursed. 8.5. Records and Reports. At the expense of the Company, the Members shall maintain records and accounts of all operations and expenditures of the Company. The Company shall keep at its principal place of business the records required by the Act to be maintained there. 8.6. Books of Account. a) The Company shall maintain the Company's books and records and shall determine all items of Income, Loss, Net Income and Net Loss in accordance with the method of accounting selected by the Members, consistently applied. All of the records and books of account of the Company, in whatever form maintained, shall- at all times be maintained at the principal office of the Company and shall be open to the inspection and examination of the Members or their representatives during reasonable business hours. Such right may be exercised through any agent or employee of a Member designated by it or by an attorney or independent certified public accountant designated by such Member. Such Member shall bear all expenses incurred in any examination made on behalf of such Member. b) All expenses in connection with the keeping of the books and records of the Company and the preparation of audited or unaudited financial statements required to implement the provisions of this Agreement or otherwise needed for the conduct of the Company's business shall be borne by the Company as an ordinary expense of its business. 8.7. Company Tax Return and Annual Statement. The Members shall cause the Company to file a Federal income tax return and all other tax returns required to be filed by the Company for each Fiscal Year or part thereof, and shall provide to each person who at any time during the Fiscal Year was a Member with an annual statement (including a copy of Schedule K- 1 to Internal Revenue Service Form 1065) indicating such Member's share of the Company's income, loss, gain, expense and other items relevant for Federal income tax purposes. Such annual statement may be audited or unaudited as required by the Members. 8.8. Bank Accounts. The bank account or accounts of the Company shall be maintained in the bank approved by the Members. The terms governing such accounts shall be determined by the Members and withdrawals from such bank accounts shall only be made by such parties as may be approved by the Members. ARTICLE IX TRANSFERABILITY OF MEMBERSHIP INTERESTS; ADMISSION OF MEMBERS 9.1. Transferability of Membership Interests. The term "transfer" when used in this Agreement with respect to a Membership Interest includes a sale, assignment, gift, pledge, exchange or other disposition. A Member shall not at any time transfer its Membership Interest except in accordance with the conditions and limitations set out in Section 2 hereinbelow. Any transferee of a Membership Interest by any means shall have only the rights, powers and privileges set out in Section 3 hereinbelow or otherwise provided by law and shall not become a Member of the Company except as provided in Section 4 hereinbelow. 9.2. Restrictions on Transfers of Membership Interests. Should any undersigned Member desire to sell or transfer any portion or all of his Membership Interest in the Company, then said Membership Interest shall be first offered to the remaining undersigned Members by a written proposal which shall set forth in detail the terms and conditions of any offer to buy said Membership Interest and the names of all persons making said offer. The remaining undersigned Members shall have the right to meet the terms and conditions of that offer, to be exercised at any time within thirty (30) days after receipt of said written proposal according to the percentage of their ownership. To the extent that the remaining undersigned Members do not meet the terms and conditions of the offer, then the Member desiring to sell or transfer shall have the right to accept the original responsible offer. 9.3. Rights of Transferee. Unless and until admitted as a Member of the Company in accordance with Section 4, the transferee of a Membership Interest shall not be entitled to any of the rights, powers, or privileges of a Member, exccpt that the transferee shall be entitled to receive the distributions and allocations to which the Member would be entitled but for the transfer of his Membership Interest. 9.4. Admission of Transferees as Members. A transferee of a Membership Interest may be admitted as a Member of the Company upon furnishing to the Company all of the following: a) The written unanimous consent of all members; b) The acceptance, in a form satisfactory to the Members, of all the terms and conditions of this Agreement; and c) Payment of such reasonable expenses as the Company may incur in connection with his admission as a Member. 9.5. Admission of New Members. New Members to the Company may only be admitted with the unanimous consent of all members, upon compliance with all terms specified by the Members and upon receipt by the Company of an opinion of counsel, satisfactory in form and substance to a Majority of the Members, that neither the offering nor the proposed sale of the Membership Interest will violate any Federal or applicable state securities law and that neither such offering or sale will adversely affect the Company from being taxed as a partnership for Federal income tax purposes. ARTICLE X DISSOLUTION AND TERMINATION 10.1. Withdrawal. Except as otherwise provided in this Agreement, no Member shall at any time retire or withdraw from the Company or withdraw any amount out of his Capital Account. Any Member retiring or withdrawing in contravention of this Section 1 shall indemnify, defend and hold harmless the Company and all other Members (other than a Member who is, at the time of such withdrawal, in default under this Agreement) from and against any losses, expenses, judgments, fines, settlements or damages suffered or incurred by the Company or any such other Member arising out of or resulting from such retirement or withdrawal. 10.2. Dissolution. a) The Company shall be dissolved upon the first of the following to occur: i) When the period fixed for the duration of the Company in the Articles of Organization shall expire; ii) Upon the election to dissolve the Company by all of the Members; iii) Upon the happening of any event of withdrawal (as defined in the Act) with respect to any Member, unless there is at least one remaining Member and the business of the Company is continued by the written consent of the remaining Members holding a Majority in Interest within ninety (90) days of the action by or affecting the withdrawing Member; or iv) The entry of a decree of judicial dissolution or the issuance of a certificate for administrative dissolution under the Act. b) Upon dissolution of the Company, the business and affairs of the Company shall terminate and be wound up, and the assets of the Company shall be liquidated under this Article. c) Dissolution of the Company shall be effective as of the day on which the event occurs giving rise to the dissolution, but the Company shall not terminate until there has been a winding up of the Company's business and affairs, and the assets of the Company have been distributed as provided in Section 4. d) Upon dissolution of the Company, the Members may cause any part or all of the assets of the Company to be sold in such manner as the Members shall determine in an effort to obtain the best prices for such assets; provided, however, that the Members may distribute assets of the Company in kind to the Members to the extent practicable. 10.3. Articles of Dissolution. Upon the dissolution and commencement of the winding up of the Company, the Members shall cause Articles of Dissolution to be executed on behalf of the Company and filed with the Secretary of State, and an authorized Member shall execute, acknowledge and file any and all other instruments necessary or appropriate to reflect the dissolution of the Company. 10.4. Distribution of Assets Upon Dissolution. In settling accounts after dissolution, the assets of the Company shall be paid in the following order: a) First, to creditors, in the order of priority as provided by law, except those to Members on account of their Capital Contributions; b) Second, as set forth on Schedule II attached. 10.5. Distributions in Kind. If any assets of the Company are distributed in kind, such assets shall be distributed to the Members entitled thereto as tenants -in -common in the same proportions as the Members would have been entitled to cash distributions if such property had been sold for cash and the net proceeds thereof distributed to the Members. In the event that distributions in kind are made to the Members upon dissolution and liquidation of the Company, the Capital Account balances of such Members shall be adjusted to reflect the Members' allocable share of gain or loss which would have resulted if the distributed property had been sold at its fair market value. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1. Mcmbcr Representations and Agreements. Notwithstanding anything contained in this Agreement to the contrary, each Member hereby represents and warrants to the Company and to each other that: (a) the Membership Interest of such Member is acquired for investment purposes only, for the Member's own account, and not with a view to or in connection with any distribution, re -offer, resale or other disposition not in compliance with the Securities Act of 1933, as amended, and the rules and regulations thereunder (the "1933 Act") and applicable state securities laws; (b) such Member, alone or together with the Member's representatives, possesses such expertise, knowledge and sophistication in financial and business matters generally, and in the type of transactions in which the Company proposes to engage in particular, that the Member is capable of evaluating the merits and economic risks of acquiring and holding the Membership Interest and the Member is able to bear all such economic risks now and in the future; (c) such Member has had access to all of the information with respect to the Membership Interest acquired by the Member under this Agreement that the Member deems necessary to make a complete evaluation thereof and has had the opportunity to question the other Members concerning such Membership Interest; (d) such Member's decision to acquire the Membership Interest for investment has been based solely upon the evaluation made by the Member; (e) such Member is aware that the Member must bear the economic risk of an investment in the Company for a indefinite period of time because Membership Interests have not been registered under the 1933 Act or under the securities laws of various states and, therefore, cannot be sold unless such Membership Interests are subsequently registered under the 1933 Act and any applicable state securities laws or an exemption from registration is available; (f) such Member is aware that only the Company can take action to register Membership Interests and the Company is under no such obligation and does not propose to attempt to do so; (g) such Member is aware that this Agreement provide restrictions on the ability of a member to sell, transfer, assign, mortgage, hypothecate or otherwise encumber the Member's Membership Interest; (h) such Member agrees that the Member will truthfully and completely answer all questions, and make all covenants, that the Company may, contemporaneously or hereafter, ask or demand for the purpose of establishing compliance with the 1933 Act and applicable state securities laws; and (i) if that Member is an organization, that it is duly organized, validly existing, and in good standing under the laws of its state of organization and that it has full organizational power and authority to execute and agree to this Agreement and to perform its obligations hereunder. 11.2. Notice. a) All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. b) All notices, demands and requests to be sent to any Member pursuant to this Agreement shall be deemed to have been properly given or served if addressed to such person at the address as it appears on the Company records and (i) personally delivered, (ii) deposited for next day delivery by Federal Express, or other similar overnight courier services, (iii) deposited in the United States mail, prepaid and registered or certified with return receipt requested or (iv) transmitted via telecopier or other similar device to the attention of such person with receipt acknowledged. c) All notices, demands and requests so given shall be deemed received: (i) when actually received, if personally delivered, deposited for next day delivery with an overnight courier or telecopied, or (ii) as indicated upon the return receipt if deposited in the United States mail. d) The Members shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses by delivering to the other parties written notice of such change in the manner prescribed in Section 3. e) All distributions to any Member shall be made at the address at which notices are sent unless otherwise specified in writing by any such Member. 11.3. No Action. No Member shall have any right to maintain any action for partition with respect to the property of the Company. 11.4. Amendments. This Agreement or the Articles of Organization may only be amended or modified by a writing executed and delivered by fifty percent (50%) of the Members. 11.5. Governing Law: Arbitration. This Agreement is made in New Hanover County, North Carolina, and the rights and obligations of the Members hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of North Carolina. Any dispute arising out of or in connection with this Agreement or the breach thereof shall be decided by arbitration to be conducted in New Hanover County, North Carolina in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association unless otherwise agreed, and judgment thereof may be entered in any court having jurisdiction thereof. 11.6. Entire Agreement. This Agreement, including all schedules to this Agreement, as amended from time to time in accordance with the terms of this Agreement, contains the entire agreement among the parties relative to the subject matters hereof. 11.7. Waiver. No consent or waiver, express or implied, by any Member to or for any breach or default by any other Member in the performance by such other Member of his or its obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other Member of the same or any other obligations of such other Member under this Agreement. Failure on the part of any Member to complain of any act or failure to act of any of the other Members or to declare any of the other Members in default, regardless of how long such failure continues, shall not constitute a waiver by such Member of his or its rights hereunder. 11.8. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and the intent of this Agreement shall be enforced to the greatest extent permitted by law. 11.9. Binding Agreement. Subject to the restrictions on transferability set forth in this Agreement, this Agreement shall inure to the benefit of and be binding upon the undersigned Members and their respective legal representatives, successors and assigns. 11.10. Tense and Gender. Unless the context clearly indicates otherwise, the singular shall include the plural and vice versa. Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, this Agreement shall be read as if the appropriate gender was used. 11.11. Captions. Captions are included solely for convenience of reference and if there is any conflict between captions and the text of this Agreement, the text shall control. 11.12. Benefits of Agreement. Nothing in this Agreement expressed or implied, is intended or shall be construed to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Members and the Company. 11.13. _Counterparts. This Agreement may be executed in multiple counterparts, each of which shall he deemed an original for all purposes and all of which when taken together shall constitute a single counterpart instrument. Executed signature pages to any counterpart instrument may be detached and affixed to a single counterpart, which single counterpart with multiple executed signature pages affixed thereto constitutes the original counterpart instrument. All of these counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a single signature page. IN WITNESS WHEREOF, the undersigned, being the initial Members of the Company, have caused this Agreement to be duly adopted by the Company as of the 1 st day of July, 2012 and do hereby assume and agree to be bound by and to perform all of the terms and provisions set forth in this Agreement. Judi Edelman, Member/Manager Nicole Turley, Member/Manager Bruce Fischer, Member/Manager Jeff Fischer, Member/Managcr L or shall I?e construad to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect ofthis Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Members and the Company. 1 I.13. Counterparts, Tktis Agreement may be executed in multiple counterparts, each of which shall he deemed an original for all purposes and all of which when taken together shall constitute a single counterpart instrument. Executed signature pages to any counterpart instrument may be detached and affixed to a single counterpart, which single counterpart with multiple executed signature pages affixed thereto constitutes the original counterpart instrument. All of these counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a single signature page. IN WITNESS WHEREOF, the undersigned, beingthe initial Members ofthe Company, have caused this Agreement to be duly adopted by the Company as of 14e day of , 2012 and do hereby assume and agree to be bound by and to perform all of the terms and provisions set forth in this Agreement. nt. Ju elman, Member/Manager V �� w f A - Page 15 of 17 SCHEDULEI Name and Address of Member Initial Capital Contribution Membership Interest Judi Edelman 25.5% 713 Hunting Ridge Road Wilmington, NC 28412 Nicole Turley 25.5% Bruce Fischer 24.5% Jeff Fischer 24.5% SCHEDULE H Members of the Company This schedule determines the allocations of income, losses and liquidations of assets among the Members of, LLC. 1. Income Allocated as follows: Judi Edelman 25.5% Nicole Turley 25.5% Bruce Fischer 24.5% Jeff Fischer 24.5% 2. Losses Allocated as follows: Judi Edelman 25.5% Nicole Turley 25.5% Bruce Fischer 24.5% Jeff Fischer 24.5% 3. Liquidation of Assets Allocated as follows: Judi Edelman 25.5% Nicole Turley 25.5% Bruce Fischer 24.5% Jeff Fischer 24.5% Casmer, Jo From: Nicole Turley [nicturieyQgmail.com] Sent: Tuesday, August 07, 20121:41 PM To: Casmer, Jo Subject: Re: Friendzy'z Stormwater Permit Thank you for the email! Address should be 713 Hunting Ridge Rd Wilmington NC 28412. Might need to be address to my business partner, Judi Edelman to make it since that's her personal address that we are using for the business right now. Please let me know if there is anything else you need. Appreciate it, Nicole Turley nicturla@p-mail.com 910-297-2657 C On Tue, Aug 7, 2012 at 8:35 AM, Casmer, Jo <jo.casmer(cc7ncdenr.gov> wrote: Nicole: We attempted to mail the permit to you however the post office returned it as "not deliverable as addressed." We have tried using both 703 and 713 Hunting Ridge Rd and have been unsuccessful. Please confirm correct mailing address and we will send again. Jo ewsnuer Administrative Assistant IV NC Dept. of Environment & Natural Resources Division of Water Quality -Surface Water Protection Section 127 Curciirtai Drive Extension Wilmington, NC 28405 Phone: (910) 796-7336 Fax: (910) 350-2004 Please note email ad*w has aharn�rl Email cormspondence to and from this address may be subject to the North Carolina Prlbiic Records Law and mvy be disdosed to thud paities Johnson, Kelly From: Garry Pape [gpape@gsp-consulting.coml Sent: Wednesday, July 25, 2012 11 A6 AM To: Johnson, Kelly Subject: RE: Carmar Park, Friendzy'z, and Carquest on Market One other thing, the address you had listed on the Request for Additional Information for the Friendzy'z owner was incorrect. The correct address is: 713 Hunting Ridge Road Wilmington, NC 28412 From: Johnson, Kelly [mailto:kelly.p.johnsonCa2)ncdenr.gov] Sent: Tuesday, July 24, 2012 8:14 AM To: Garry Pape Subject: RE: Carmar Park, Friendzy'z, and Carquest on Market Garry, I am obviously behind on things. So, without pulling this file back out I just need to know that all of the impervious is accounted for in the totals, enough elevation data to show that the water will go where it is supposed to go, and which DAs are buildings (with FFEs)/road/grass etc (#4 below). As for the sheets, I only need revised sheets for the sheets that will change. Thanks, KJ From: Garry Pape Imailto:gpape(aOgsp-consulting.com3 Sent: Thursday, July 19, 2012 10:50 AM To: Johnson, Kelly Subject: RE: Carmar Park, Friendzy'z, and Carquest on Market The soil road is existing and I was just planning to leave as is. I assumed that since Phil Tripp certified the pond that all existing impervious that was in place that we weren't changing was okay to leave as is. Same with the parking lot. It is existing and we are leaving it as is and not doing any additional grading. I will provide elevations for the drainage inlets. Can I just send you 2 revised Sheet C-4 or do you need 2 revised full sets even though only sheet C-4 will have any changes? Thanks. - Garry From: Johnson, Kelly [mailto:kelly.p.johnson(aOncdenr.gov] Sent: Thursday, July 19, 2012 10:38 AM To: Garry Pape Subject: RE: Carmar Park, Friendzy'z, and Carquest on Market Garry, 1.) OK, sorry, I did not see those before. 2.) OK 3.) For instance, on the southeast corner there is a "soil road" (which I assume will remain in place and is accounted for in the impervious?) which show that it is sloped away from the trench drain. (I also assumed when I looked at this before that the entire eastern edge of the property was paved. Is that the case, or is that grassed?) Also, please add some elevations to the parking areas to show where the water will go. 4.) For instance, what are DA6, DA8 & DA4? Thanks, KJ From: Garry Pape fmaiIto: apapeCbgsg-consulting.coml Sent: Tuesday, July 17, 2012 3:25 PM To: Johnson, Kelly Subject: RE: Carmar Park, Friendzy'z, and Carquest on Market Kelly, I got your comments for Friendzy'z. Couple questions. i. Please clearly label the project area to be permitted with bearing and distance lines on the plans. (These area shown on the plans). ii. Pipe Inverts: Please clearly label the pipe inverts on the plans (I will provide these) iii. Grading: Please provide grading and/or spot elevations describing how the site will drain. (Spot elevations are provided) iv. FFEs: Please provide FFEs (the Finished Floor Elevation of the building is shown on the plans) Of the comments the only one I can see that was not on the plans was the inverts which I will provide. Also I can make the boundary bearing and distances darker so they show up better. Can I just send you 1 revised Sheet C-4? Thanks. - Garry From: Johnson, Kelly[mailto:kelly.p.johnsonCabncdenr.ci Sent: Tuesday, July 10, 2012 9:50 AM To: ptripp(&ec.rr.com; Garry Pape Subject: Carmar Park, Friendzy'z, and Carquest on Market Phil & Garry, The attached letter will be mailed today. KJ *** My email has changed to kellv.0ohnson ncdenr.eov f< etU�JokV-sow Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Compliance Inspection Report Permit: SW8120617 Effective: Expiration: Owner: Friendzyz LLC Project: Friendzyz County: New Hanover 5820 Market St Region: Wilmington Wilmington NC 28405 Contact Person: Nicole Turley Title: Member Manager Phone: 910-297-2657 Directions to Project: Approx. 1900 LF heading north on Market Street from Market Street/Eastwood Road intersection on the right. Type of Project: Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 07/10/2012 Entry Time: 07:30 AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 08:15 AM Phone: 919-733-5083 Inspection Type: Modification Offsite Page: 1 Permit: SW8120617 Owner - Project: Friendzyz LLC Inspection Date: 07/10/2012 Inspection Type: Modification Offsite Reason for Visit: Routine Inspection Summary: Compliant File Review Yes No NA NE Is the permit active? ❑ ❑ ❑ ■ Signed copy of the Engineer's certification is in the file? 01111 ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑ Comment: Application is in-house for first issue. Not yet active. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ ■ Is the drainage area as per the permit and approved plans? ■ ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ■ ❑ ❑ ❑ Comment: The drainage inlets in the parking area are located per the plans. There is a parking lot in -place, but the whole site is not yet built. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ❑ ❑ ■ Are the inlets located per the approved plans? ❑ ❑ ❑ ■ Are the outlet structures located per the approved plans? 1100 ■ Comment: BMP covered by master permit, SW8 000647 Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ ■ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ i❑ ■ upon request? Comment: BMP covered by master permit, SW8 000647 Page: 2 AWFAR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary July 10, 2012 Mr. Jon T. Vincent, Director [SW8 000647] Carmar Park Associations 1508 Military Cutoff Rd, Suite 203 Wilmington, NC 28403 Mr. George Venters, Member/Manager [SW8120602] Vanguard Ventures, LLC 3900 Merton Drive, Suite 210 Raleigh, NC 27609 Ms. Nicole Turley, Member/Manager (SW81206171 Fdendzy'z, LLC 703 Huntington Ridge Road Wilmington, NC 28411 Subject: Request for Addttional Information Stormwater Project No. SW8 000647 (Carmar Park) Stormwater Project No. SW8120602 (Carquest on Market) Stormwater Project No. SW8120617 (Friendzy'z) New Hanover County Dear Mr. Vincent, Mr. Venters, and Ms. Turley: The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Application for the subject projects on June 5, 2012 (Carmar Park and Carquest on Market) and June 27, 2012 (Friendzy'z). A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Carmar Park (SW8 000647): This is the master permit which receives drainage from offsite permits. a. Project Area/Drainage Area: The SW8 000647 application shows the drainage area to be 436,471sf (10.02ac). However, the sum of lot areas of Tract 3 (3.00+/-ac), Tract 2 (3.48+/-ac), the pond (2.00+/-ac), and the three residential lots shown on the plan (11 Oft x 200ft = 0.505ac each) total to —10ac. This does not include the portion of Tract 1 that is shown to be in the drainage area (139.43ft x 85ft = 0.272ac). Please clarify this discrepancy. b. Project Area/Drainage Area: If the drainage area to the pond is being expanded beyond what has been previously approved please provide calculations that the pond can hold the required volume. c. Plans: Please clearly label the various tracts with bearing and distance lines on the plans. d. Permit Transfer. A transfer form has been submitted to transfer the permit from Gulfstream Foods of NC, Inc. to Carmar Park Association. Mr. Jon Vincent is listed as the President of Gulfstream Foods on NC, Inc. and the Director and President of Carmar Park Association. Because the permit is being transferred between two entities for which a single person is signing, please provide documentation demonstrating compliance with each of the following pursuant to Session Law 2011-256. In order to transfer the permit under this Act the project must meet the three conditions outlined below: Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance:1-877-623-6748 NorthCarolina Internet: vnrrw.ncwaterqualiiy.org � 1������� An Equal Opportunity 1 Affirmalbe Action Employer f�/�/ I . The common areas related to the operation and maintenance of the stormwater system must be conveyed to the POA. 2. At least 50% of the lots have been conveyed to owners other than the permittee. 3. The stormwater management system must be found to be substantially compliant with the stormwater permit. (This has been done.) e. Tract 3 (PARID B201002941): This tract is owned by Oceanside Motor Company per New Hanover County. What is the status of the offsite permit for this tract? I do not see record of a permit under this owner's name, but the site is developed. f. Residential Lots: The 2004 application shows that the three lots accounted for a total of 18,000sf, which matches the 6,000sf/lot is in line with what was previously permitted. g. Inspection of SW8 000647: The site incompliant. L Previous Inspection: The forebay has been fixed since the previous inspection on March 5, 2012. ii. Deed Restrictions: Deed restrictions have been recorded BK5596:PG1143-1156 and are shown on pages 7 and 8 of that document. -iii. PE Certification: The wet detention pond was certified to have been built in substantial compliance on May 25, 2012. iv. 0&M Agreement: An 0&M Agreement signed by Carmar Park was received on May 25, 2012. 2. Carquest on Market (SW8120602): This is an offsite permit draining to Carmar Park (Tract 1). a. Portion of Tract 1: Please see 1(a) and clarify why the entire Tract 1 is not included. (Was the development on that lot built prior to 1988 and an access area created -2004 for Tract 2 to access Cardinal Drive such that a portion of Tract 1 became subject to being covered by the master permit? Or, was there another situation?) b. Project Area: Please clearly label the project area to be permitted with bearing and distance lines on the plans. c. Grading: L Drainage Area 1(drains to the pond): Please provide grading/spot elevations to show that the entire project area drains to the curb inlet draining to the pond. . ii. Drainage Area 2 (does not drain to the pond): Please provide grading/spot elevations to show where this site drains if it does not drain to the pond. 3. Fdendzy'z (SW8120617): This is an offsite permit draining to Carman Park (Tract 2). a. Signature Authority: Please submit documentation that Nicole Turley is a member/manager of Fdendzy'z, LLC. The Articles of Incorporation are available online, but they do not list the members. b. Plans: i. Project Area: Please clearly label the project area to be permitted with bearing and distance lines on the plans. ii. Pipe Inverts: Please clearly label the pipe inverts on the plan. iii. Grading: Please provide grading and/or spot elevations describing how the site will drain. iv. FFEs: Please provide FFEs. 4. Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms and make changes as needed. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to August 10, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. Page 2 of 3 If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143- 215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at kelly.p.johnson@ncdenr.gov. Sin ely, Kelly son Environmental Engineer GDS/kpj: S:IWQSIStormwateAPermits & Projects120001000647 HD12012 07 addinfo 000647 GDS/kpj: SMQS1StormwaterlPermits & Projects120121120602 offsite12012 07 addinfo 120602 GDS1kpj: S:1WQS1StormwaterlPermits & Projects\201Z120617 offsite12012 07 addinfo 120617 enc : Inspection Report, SW8 000647 Inspection Report, SW8120602 Inspection Report, SW8120617 cc: Phil Tripp, PE (SW8 000647 & SW8120602 consultant) Garry Pape, PE GSP Consulting (SW8120617 consultant) Wilmington Regional Office Stormwater File Page 3 of 3 Compliance Inspection Report Permit: SW8120617 Effective: Expiration: Owner: Friendzyz LLC Project: Friendzyz County: New Hanover 5820 Market St Region: Wilmington Wilmington NC 28405 Contact Person: Nicole Turley Title: Member Manager Phone: 910-297-2657 Directions to Project: Approx. 1900 LF heading north on Market Street from Market Street/Eastwood Road intersection on the right. Type of Project: Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 07/10/2012 Entry Time: 07:30 AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ■ Compliant ❑ Not Compliant Question Areas: E State Stormwater (See attachment summary) Exit Time: 08:15 AM Phone: 919-733-5083 Inspection Type: Modification Oifsite Page: 1 Permit: SW8120617 Owner - Project: Friendzyz LLC Inspection Date: 07/10/2012 Inspection Type: Modification Offsile Reason for Visit: Routine Inspection Summary: Compliant File Review Yes No NA NE Is the permit active? ❑ O 0 E Signed copy of the Engineer's certification is in the file? 0000 Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ Q ❑ Copy of the recorded deed restrictions is in the file? 0 Q 0 0 Comment: Application is in-house for first issue. Not yet active. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? 1111110 Is the drainage area as per the permit and approved plans? ■ 0 11 Q Is the BUA (as permitted) graded such that the runoff drains to the system? 0 Q Q Comment: The drainage inlets in the parking area are located per the plans. There is a parking lot in -place, but the whole site is not yet built. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 11 ❑ ❑ E Are the inlets located per the approved plans? 111100 Are the outlet structures located per the approved plans? 0 ❑ Q E Comment: BMP covered by master permit, SW8 000647 Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? 1111110 Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ Q 0 upon request? Comment: BMP covered by master permit, SW8 000647 Page: 2 Permit: SW8120602 Effective: County: New Hanover Region: Wilmington Contact Person: George Venters Compliance Inspection Report Expiration: Owner: Vanguard Ventures LLC Project: Carquest on Market 5832 Market St Wilmington NC 28405 Title: Member Manager Phone: 919-459-2602 Directions to Project: Approx. 120 If west from intersection of Market Street and Cardinal Drive Extension. Type of Project: Drain Areas: On -Site Representative(s): Related Permits: SW8000647 Carmar Park Associations - Carmar Park formerly Market Street Business Inspection Date: 07/10/2012 Entry Time: 07:30 AM Exit Time: 08:15 AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Phone: 919-733-5083 Inspection Type: Modification Offsite Page: 1 Permit: SW8120602 Owner - Project: Vanguard Ventures LLC Inspection Date: 07/10/2012 Inspection Type: Modification Offsite Reason for Visit: Routine Inspection Summary: File Review Yes No NA NE Is the permit active? 0 0 ❑ ■ Signed copy of the Engineer's certification is in the file? ■ Signed copy of the Operation & Maintenance Agreement is in the file? ■ 0 O Copy of the recorded deed restrictions is in the file? NOO ❑ Comment: Application is in-house for first issue. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ■ 0 Is the drainage area as per the permit and approved plans? ■ ❑ Q ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ■ ❑ O Q Comment: Only a portion of this tract drains to SW8 000645. The drainage is divided as it is shown on the approved plans. The drainage from the portion that does not drain to SW8 000645 appears to drain through a piping system to a roadside ditch. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 0000 Are the inlets located per the approved plans? 0 Q 0■ Are the outlet structures located per the approved plans? O 0 0■ Comment: BMP covered by master permit SW8 000645 Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑ ■ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ El ❑ ■ upon request? Comment: BMP covered by master permit SW9 000645 Page: 2 Compliance Inspection Report Permit: SW8000647 Effective: 02/26/04 Expiration: 02/26/18 Owner: Carmar Park Associations Project: Carmar Park formerly Market Street Business Countv: New Hanover 5810 Market St Region: Wilmington Wilmington NC 28405 Contact Person: Jon T Vincent Title: Director Phone: 910-256-0101 Directions to Project: Approx. 350 If west from the intersection of Market Street and Cardinal Drive Extension. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Bradley Creek) (03-06-24) ( SC;HQW:#) On -Site Representative(s): Related Permits: SW8120602 Vanguard Ventures LLC - Carquest on Market SW8120617 Friendzyz LLC - Frlendzyz Inspection Date: 07/10/2012 Entry Time: 07:30 AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Exit Time: 08:15 AM Phone: 919-733-0083 Inspection Type: Modification Offsite Page: 1 Permit: SW8000647 Owner - Project: Carmar Park Associations Inspection Date: 07/10/2012 Inspection Type: Modification offsite Reason for Visit: Routine Inspection Summary: File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: It looked like the pond had been pumped down for maintenance recently. The forebay and grate had been fixed since the previous inspection. Yes No NA NE Yes No NA NE 0000 0000 ■❑❑❑ Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ Cl ❑ ■ ❑ ❑ ❑ Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? Comment: Other WO Issues Is the site compliant with other water quality issues as noted during the inspection? Comment: ❑ ❑ ❑ ■ Yes No NA NE Page: 2 Johnson, Kelly From: Johnson, Kelly Sent: Thursday, June 28, 2012 8:28 AM To: 'Garry Pape' Subiect: Friendzy'z Garry, I will go ahead and give this to admin to log in, but just FYI, "Friendzy'z, LLC" is newly incorporated and so they don't have their members/managers online with the SoS so we will need documentation of that as we go through this process. The master and another offsite to the same master are already in house so I will review all three together. KJ *** My email has changed to kellv.a.iohnson0ncdenr.aov FCeI,I,I jOhK6Dln. Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. GSP CONSULTING, PLLC 6.626 GORDON RD UNI I G WILMINGTON, NC 28411 Wdls 1a19q Bank N A North Carolina weilsra,yo com FOR"+' 'r•'' tin O00O003 L86 3186 66-21/630 10141 / 20000492BO951 ,5©s ,C,� BecuN � Femur rr or shall be construed to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Members and the Company. 11.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall he deemed an original for all purposes and all of which when taken together shall constitute a single counterpart instrument. Executed signature pages to any counterpart instrument maybe detached and affixed to a single counterpart, which single counterpart with multiple executed signature pages affixed thereto constitutes the original counterpart instrument. All of these counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a single signature page. IN WITNES S WHEREOF, the undersigned, being the initial Members of the Company, have caused this Agreement to be duly adopted by the Company as of the day of 2012 and do hereby assume and agree to be bound by and to perform all of the terms and provisions set forth in this Agreement. JUN272012 BY: — Judi Edelman, Member/Manager Nicole Turley, Member/Manager Bruce Fischer, Member/Manager Jeff Fischer, Member/Manager Page 15 of 17 C201210400090 SOSID: 1254545 Date Filed: 4/13/2012 2:29:00 PM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C201210400090 Department of the Secretary of State LIMITED LIABILITY COMPANY ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. 2. 3. 4. 5. 6. 7. 8. E1 The name of the limited liability company is: FRIENDZY'Z, LLC There shall be no limit on the duration of the limited liability company. The name and address of the organizer executing these articles of organization is as follows: F. Darryl Mills 5710.Oleander Drive, Suite 112 Wilmington, North Carolina 28403 New Hanover County ECEIVE JUN 212012 BY Street address and county of the initial registered office of the limited liability company: Number and Street: 713 Hunting Ridge Road City, State, Zip Code: Wilmington, North Carolina 28412 County: New Hanover The mailing address of the initial registered office is the same as the registered office. The name of the initial registered agent is: Judi Edelman The limited liability company does not have a principal office. Check one of the following: XX(I) Member -managed LLC: all of the members by virtue of their status as members shall be managers of this limited liability company. _(ii) Manager -managed LLC: except as provided by N.C.G.S. §57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. Any other provisions which the limited liability company elects to include are attached. None. 9. ThesXarticles will be effective upon filin4F.1 This the 1 � day of April, 2012. 4*iflls, nizer North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. marshall DEPARTM ENT Ors THE Secretary SECRETARY CIF STATE PO Box 29622 Ralalg*v. IBC 276260622 (9t91807-2000 Corporate Filings For: Friendzy'z, LLC Image I Date I Document Id I Eve-nti Document ©!1 4/13/2012 C201210400090 Creation Filing LLCD - Articles of Organization Limited Liability Click here for help downloading forms. This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3023 http://www.secretary.state.nc.us/corporations/Filings.aspx?PItemld=9981689 6/28/2012 CA201111800139 SOSID: 0387614 Date Filed: 4/28/20114:52:00 PM Elaine F. Marshall L0IMITED LIABILITY COMPANY ANNUAL North Carolina Secretary of State t CA201111800139 NAME OF LIMITED LIABILITY COMPANY: GULF, WORSLEY AND COWPER PROPERTIES, LLC SECRFTARY OF STATE ID NUMBER: 0387614 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2011 SECTION A: REGISTERED AGENTS INFORMATION 1. NAME OF REGISTERED AGENT: JON T. VINCENT Flung OM- Ilea ONy Changes 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 1508 Military Cut-off Road, Suite - 302 15D8 Military Cut-off Road, Suite - 302 Wilmington, NC 28403 New Hanover Wilmington, NC 28403 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: property development 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 256.0101 3. PRINCIPAL OFFICE EMAIL: `'+'V/11 • �Q 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 1508 Military Cut -oft Road, Suite - 302 1508 Military Cut-off Road, Suite - 302 Wilmington, NC 28403 New Hanover Wilmington, NC 28403 SECTION C: MoNAGERSIME(Enter additional Managers/Members/Organizers in Section E) NAME: Jon T Vincent NAME: Lee F Cooper NAME: Earl Worsely Jr TITLE: Manager TITLE: Manager TITLE: Manager ADDRESS: ADDRESS: ADDRESS. 1508 Military Cut-off Road 1508 Military Cut-off Road 1508 Military Cut-off Road Suite - 302 ti Suite - 302 Suite - 302 Form mud be JON T THIS ENTITY ff ANNUAL DEPORT, Section D must be completed in its entirety by a PemqAwe Men Wu WE 04/15/2011 SIGNATURE DAB a Managerimember listed under Section C or this tam. BY MANAGER/MEMBER Print or Type Name of ManegerlMember TITLE QUALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTION GRANTED UNDER SL2010.31 S!!@NLTiHI$ANML_REP_CRL.V1AT1{ THE REQUIRED FILIN..G FEE OF1200 MAIL TO: Secretary or Slate, Corporations oMslon. Post OMN Box 29525, Ratelgh. NC 27828-0525 TO: CSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 NC Division of Water Quality i27 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ® Fee Check LETTER OFT° ° NSWTTAL DATE o6/2 /12 JOB NO. 2012-0001 ATTENTION PHONE # RE:� Friendzy'z ❑ Attached ❑ Under separate cover via ® 0&M Agreements ® Plans ® Calculations ❑ ® BMP Supplements❑ the following items: ® Permit Applications COPIES DESCRIPTION 2 Sets of plans & Stormwater Narrative & Calculations 1 Friendzy'z, LLC Articles of Incorporation 2 Stormwater Permit Application w/ $50Permitting Fee 1 Off -Site Supplement 1 Wetlands Letter THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Foryour use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: For approval. ❑ Resubmit copies for approval ❑ Submit -copies for distribution ❑ Return corrected prints COPYTO: File SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindlynotify us at once. WITHERS +- RAV!E;NE.L April 2, 2012 Mr. Garry Pape GSP Consulting, PLLC 6626 Gordon Road Unit C Wilmington, NC 28411 Re: Fdendzy'z Project Site Mr. Pape, ENGINEERS 1 PLANNERS I SURVEYORS F11V� f JUN 2 7 2012 BY: Per your request, W&R conducted a site review on April 2, 2012 of the t3.5 acre Friendzy's project, located at 5820 Market Street, in Wilmington, New Hanover County (Latitude: 34.249064°N; Longitude:-77.857344°W). . The project is located within the Cape Fear River Basin (HUC 03030007) and drains to Spring Branch. The Water Quality Classification for Spring Branch is: C; and the Stream Index # is: 18-46-3. The purpose of the site review was to conduct a wetland determination to determine if wetlands occur within the subject site. Prior to the site visit W&R reviewed the New Hanover County Soil Survey, 2010 aerial photographs and USGS quadrangle maps. The US Army Corps of Engineers 1987 Wetland Delineation Manual and 2008 Atlantic and Gulf Coastal Plain Regional Supplement define a wetland as having hydric soils, hydrophytic vegetation and wetland hydrology. All three components must be present for an area to be classified as a wetland. The project area contains two vegetative communities. The northern portion of the project area consists of undeveloped woodlands with a vegetative composition of loblolly pine (Pinus taeda), live oak (Quercus virginiana), black cherry (Prunus serotina), sassafras (Sassafras albidum) and bracken fern (Pteridium aquilinum). The southern portion of the property was previously cleared, and has a vegetative composition of bahia grass (Paspalum notatum), yellow jasmine (Gelsium sempervirens) and blackberry (Rubus floricomus), as well as other grasses and forbes. The wetland status of the dominant vegetation within both vegetative communities was primarily FAC and FACU, and does not meet the hydrophytic vegetation criteria as defined by the US Army Corps of Engineers 1987 Wetland Delineation. Manual and 2008 Atlantic and Gulf Coastal Plain Regional Supplement. Therefore, the project area does not contain hydrophytic vegetation. The New Hanover County Soil Survey classifies the soils within the proposed project area as Seagate Fine Sand. While Seagate Fine Sand is classified as "Somewhat Poorly Drained", it is not considered a hydric soil. The field review of the soils within the project area determined that the onsite soils do not meet the criteria for hydric soils as defined by the US Army Corps of Engineers 1987 Wetland Delineation Manual and 2008 Atlantic and Gulf Coastal Plain Regional Supplement. Therefore, there are no hydric soils within the project area. The review of the soils did not identify any hydrologic indicators of wetland hydrology, and the soils were not saturated within the upper 12" of the soil surface. Therefore, the project area does ul MacKenan Drive I Cary, NC 275z1I tel.; 919.469.334o I Fax: 929.467-6008 I www.Withersravenet.com i4io Commonwealth Drive I Suite ioi I Wilmington, NC 284031 tel: 9zo.256.92771 fax- 910.256.2584 4A D Gallimore Dairy Road I Greensboro, NC 27409 I te1:336.993.5504 I fax: 9i9-467.6008 N.C. Engineering Board No. C-o832 WITHERS ,v�- RAVE YES E L. ENGINEERS I PLANNERS I SURVEYORS not meet the wetland hydrology criteria as defined by the US Army Corps of Engineers 1987 Wetland Delineation Mianuai and 2008 Atlantic and Guif Coastai Plain Regional Supplement. Conclusion Based on the site review, the project site does not contain wetlands. Please feel free to contact me if you have any questions. Sincerely, Troy Beasley Environmental Scientist WITHERS &RCVENEL, H-41M. Attachments: 1) Aerial Photo 2) USGS Quadrangle 3) New Hanover County Soil Survey 112 MacKenan Drive I Cary, NC 27511 I tel.: 929.469.334o I fax: 919.467-6008 I www.withersravenet.com i410 Commonwealth Drive I Suite ioi I Wilmington, NC 28403 I tel: 910.256.92771 fax_ 910.256-2584 416 D Gatlimore Dairy Road I Greensboro, NC 27409 I te1:336.993.5504 I fax: 919.467.6008 N.C. Engineering Board No. C-0832 GRAPHIC SCALE ` v 1 inch. - 500 ft. . - - r 46 or QR fa qw It ol ri � 3 t ►� � . •-�� . 4 APIN '+ - 1 A fa tY i � � '•f � • + , � ` R , 11L �I YP FRIENDZY'S USGS QUAD - WILMINGTON WITHERS RAVENEL 9**kN19X* 1 PLAN.ININS.1 SjkNVSE19R$.. 1V1f�:7(;d l9FV 1Fkt :C..( 3I'.�' 'J1 d41-:!i. 1+1•. �(N.� 3 se Ly wo FRIENDZY'S I el GRAPHIC SCALE .0 150 300 ' 1 inch = 300 ft. 1� 11 SI.- t NEW HANOVER CO.. SOIL SURVEY �I 11yITIAF RER &- RIAAM-J fr,;, SHEET 16 :.124IH■C.5 I PLAURRSI! 1 SURVEYORA FRIENDZY'Z STORMWATER & EROSION CONTROL NARRATIVE & CALCULATIONS April 19, 2012 JUN 2 7 2012 a APR 4 2012 8Y: GSP CONSULTI.NGp PLLC. 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 (910) 442-7870 ST®RMWATER NARRATIVE FIRENDZY'Z VVILMING T ON, N SITE DESCRIPTION This +/- 3.48 acre site is located at 5820 Market Street (Parcel #314815-53-2992) in Wilmington, North Carolina. The site drains to an existing offsite wet detention basin that was approved under NCDENR Stormwater permit # SW8 000647 and City Stormwater Permit # 2004022. This project will consist of the construction of a private recreation facility and related site appurtenances. All built upon area will drain to the existing offsite wet detention basin. Under the existing permits the allowable BUA for this site is 90,000 SF. The proposed BUA is 37,719 SF leaving 52,281 SF of BUA for Future Development. The proposed disturbed area for this project is approximately 3.48 acres. There are no wetlands located on the site. The site will be developed by Friendzy' z, LLC. c/o Nicole Turley — Member/Manager. .qnrr _c The soils for this project consist of Seagate series soils (Hydrologic Soil Group A/D). The Seagate series soils consist of somewhat poorly drained, moderately permeable soils that formed in marine sediment. STORM DRAINAGE DESIGN The primary stormwater measure for this project is an existing wet detention basin. The stormwater will be conveyed via overland sheet flow and a closed conduit system to the existing wet detention basin. The site drains to an existing stormwater system located in Market Street that drains to Bradley Creek, then to the Cape Fear River (Classification SC). 1 EROSION CONTROL PLAN FOR FRIENDZY'Z Area to be disturbed: +/- 3.48 acres This +/- 3.48 acre site is located at 5820 Market Street (Parcel #314815-53-2992) in Wilmington, North Carolina. The site drains to an existing offsite wet detention basin that was approved under NCDENR Stormwater permit # SW8 000647 and City Stormwater Permit # 2004022. This project will consist of the construction of a private recreation facility and related site appurtenances. All built upon area will drain to the existing offsite wet detention basin. Under the existing permits the allowable BUA for this site is 90,000 SF. The proposed BUA is 37,719 SF leaving 52,281 SF of BUA for Future Development. The proposed disturbed area for this project is approximately 3.48 acres. The primary stormwater measure for this project is an existing wet detention basin. The stormwater will be conveyed via overland sheet flow and a closed conduit system to the existing wet detention basin. The site drains to an existing stormwater system located in Market Street that drains to Bradley Creek, then to the Cape Fear River (Classification SC). EROSION CONTROL MEASURES: This project will primarily control erosion with the use of a temporary construction entrance, outlet protection at the ends of culverts, temporary silt fence surrounding the site and a sediment basin. The contractor shall install, maintain and remove upon completion the silt fence as necessary to prevent any sediment from leaving the project limits. This will include any temporary stockpile areas if necessary. Contractor shall clean and restore to pre - construction conditions any areas that may inadvertently be damaged due to the failure of the erosion control measures. SCHEDULING OF WORK: Clearing and grubbing shall be scheduled and performed in such a manner that fine grading operations and erosion control practices can follow immediately thereafter. Excavation and embankment operations will be conducted such that cuts and fills will be completed to final grades in a continuous operation. All construction areas not otherwise protected shall be planted with permanent vegetative cover in accordance with the specifications within 15 working days after completion of active construction. MINIMUM AREAS TO BE DISTURBED: Only those areas necessary for timely and proper completion of the project shall be stripped of native vegetation. The angle for graded sloped and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. Slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. All other areas to be stabilized within 15 working days of cease of any phase of activity. PLACEMENT OF SEDIMENT CONTROL DEVICES: All devices (sediment fences, construction entrances, etc.) for sediment control shall be constructed prior to beginning clearing and grubbing on the site. FINAL COVER: As soon as practicable after finished grades have been established, all operations in connection with establishing final ground cover shall be performed. Any inactive disturbed ground area to remain'denuded more than 15 working days shall be temporarily seeded in accordance with the temporary seeding schedule as noted on the plans. All slopes to be stabilized within 21 calendar days. SEQUENCE OF CONSTRUCTION 1. histall temporary construction entrance as shown on erosion & sediment control plan. 2. Install perimeter controls (silt fence, tree protection fencing, etc.) as shown on the erosion & sediment control plan. This step needs to be completed prior to upslope land disturbing activities. 3. Once perimeter controls and sediment trapping measures are installed clear and grub site within limits of disturbance. 4. Upon bringing the site to rough grade, stabilize all areas with temporary vegetation if left undisturbed for 15 working days and all slopes within 21 calendar days. 5. For temporary vegetative stabilization of all denuded areas see note referencing the erosion control program and specifications on Sheet C-1. 6. After construction operations have ended and all disturbed areas have stabilized, mechanical sediment controls shall be removed.' Sediment from temporary sediment trapping devices shall be disposed of by spreading on the site or hauling away if not suitable for fill. All denuded areas are to be permanently stabilized with permanent vegetation. 7. Prior to using the sediment basin as a wet detention basin it shall be mucked out. Drainage Area Drainage Area #1 Drainage Area 439 sf Drainage Area 0.01 ac Impervious Area Calculation Building 439 sf Total 439 sf Total 0.01 ac % Impervious 100.0% 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity 7.23 in/hr C-Factor 0.95 Q=C*I*A 0.07 cfs 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity 8.15 in/hr C-Factor 0.95 Q=C*I*A 0.08 cfs 100-Year Peak Flow Calcs 100-Year Peak Flow 100-Year Intensity 9.60 in/hr C-Factor 0.95 Q=C*I*A 0.09 cfs DA-1 Worksheet for Circular Channel Project Description Worksheet DA-1 Flow Element Circular Chann Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic).010 Channel Slope 0.50 % Diameter 6.0 in Discharge 0.07 cfs Results Depth 0.12 ft Flow Area 0.0 ft' Wetted Perime 0.52 ft Top Width 0.00 ft Critical Depth 0.13 ft Percent Full 24.9 % Critical Slope 0.42 % Velocity 1.84 ft/s Velocity Head 0.05 ft Specific Energ, 0.18 ft Froude Numbe 1.09 Maximum Disc 0.55 cfs Discharge Full 0.52 cfs Slope Full 0.01 % Flow Type supercritical Drainage Area Drainage Area #2 Drainage Area 1,497 sf Drainage Area 0.03 ac Impervious Area Calculation Building 1,497 sf Total 1,497 sf Total 0.03 ac % Impervious 100.0% 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity 7.23 in/hr C-Factor 0.95 Q=C*I*A 0.24 cfs 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity 8.15 in/hr C-Factor 0.95 Q=C*I*A 0.27 cfs 100-Year Peak Flow Calcs 100-Year Peak Flow 100-Year Intensity 9.60 in/hr C-Factor 0.95 Q=C*I*A 0.31 cfs DA-2 Worksheet for Circular Channel Project Description Worksheet DA-2 Flow Element Circular Chann Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic).010 Channel Slope 0.50 % Diameter 6.0 in Discharge 0.27 cfs Results Depth 0.26 ft Flow Area 0.1 fta Wetted Perime 0.80 ft Top Width 0.00 ft Critical Depth 0.26 ft Percent Full 51.4 % Critical Slope 0.47 % Velocity 2.66 fUs Velocity Head 0.11 ft Specific Energ, 0.37 ft Froude Numbe 1.04 Maximum Disc 0.55 cfs Discharge Full 0.52 cfs Slope Full 0.14 % Flow Type Supercritical Drainage Area Drainage Area #3 Drainage Area 513 sf Drainage Area 0.01 ac Impervious Area Calculation Building 513 sf Total 513 sf Total 0.01 ac % Impervious 100.0% 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity 7.23 in/hr C-Factor 0.95 Q=C*I*A 0.08 cfs 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity 8.15 in/hr C-Factor 0.95 Q=C*I*A 0.09 cfs 100-Year Peak Flow Calcs 100-Year Peak Flow 100-Year Intensity 9.60 in/hr C-Factor 0.95 Q=C*I*A 0.11 cfs DA-3 Worksheet for Circular Channel Project Description Worksheet DA-3 Flow Element Circular Chann Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic).010 Channel Slope 0.50 % Diameter 6.0 in Discharge 0.09 cfs Results Depth 0.14 ft Flow Area 0.0 ftz Wetted Perime 0.56 ft Top Width 0.00 ft Critical Depth 0.15 ft Percent Full 28.3 % Critical Slope 0.42 % Velocity 1.97 ft/s Velocity Head 0.06 ft Specific Energ, 0.20 ft Froude Numbe 1.09 Maximum Disc 0.55 cfs Discharge Full 0.52 cfs Slope Full 0.02 % Flow Type supercritical Drainage Area Drainage Area Drainage Area Impervious Area Calculation Concrete Patio Total Total % Impervious 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity C-Factor Q=C*I*A 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity C-Factor Q=C*I*A 100-Year Peak Flow Calcs 100-Year Peak Flow 100-Year Intensity C-Factor Q=C*I*A Drainage Area #4 2,187 sf -0.05 ac 2,187 sf 2,187 sf 0.05 ac 00.0% 7.23 in/hr 0.95 0.34 cfs 8.15 in/hr 0.95 0.39 cfs 9.60 in/hr 0.95 0.46 cfs DA-4 Worksheet for Circular Channel Project Description Worksheet DA-4 Flow Element Circular Chann Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic ].010 Channel Slope 0.50 % Diameter 12.0 in Discharge 0.83 cfs Results Depth 0.34 ft Flow Area 0.2 ft2 Wetted Perime 1.25 ft Top Width 0.00 ft Critical Depth 0.38 ft Percent Full 34.3 % Critical Slope 0.34 % Velocity 3.48 ft/s Velocity Head 0.19 ft Specific Energ: 0.53 ft Froude Numbe 1.22 Maximum Disc 3.52 cfs Discharge Full 3.27 cfs Slope Full 0.03 % Flow Type >upercritical Drainage Area Drainage Area #5 Drainage Area 14,468 sf Drainage Area 0.33 ac impervious Area Calculation Building 14,468 sf Total 14,468 sf Total 0.33 ac % Impervious 100.0% 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity 7.23 in/hr C-Factor 0.95 Q=C*I*A 2.28 cfs 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity 8.15 in/hr C-Factor 0.95 Q=C*I*A 2.57 cfs 100-Year Peak Flow Calcs 100-Year Peak Flow 100-Year Intensity 9.60 in/hr C-Factor 0.95 Q=C*I*A 3.03 cfs DA-5 Worksheet for Circular Channel Project Description Worksheet DA-5 Flow Element Circular Chann Method Manning's Fort Solve For Channel Depth Input Data Mannings Coeffic).010 Channel Slope 0.50 % Diameter 12.0 in Discharge 2.57 cfs Results Depth 0.67 ft Flow Area 0.6 ftz Wetted Perime 1.91 ft Top Width 0.00 ft Critical Depth 0.69 ft Percent Full 66.7 % Critical Slope 0.46 % Velocity 4.62 ft/s Velocity Head 0.33 ft Specific Energ- 1.00 ft Froude Numbe 1.06 Maximum Disc 3.52 cfs Discharge Full 3.27 cfs Slope Full 0.31 % Flow Type supercritical Drainage Area Drainage Area #6 Drainage Area 4,268 sf Drainage Area 0.10 ac Impervious Area Calculation Building 4,268 sf Total 4,268 sf Total 0.10 ac % Impervious 100.0% 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity 7.23 in/hr C-Factor 0.95 Q=C*I*A 0.67 cfs 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity 8.15 in/hr C-Factor 0.95 Q=C*I*A 0.76 cfs 100-Year Peak Flow Calcs 100-Year Peak Flow 100-Year Intensity 9.60 in/hr C-Factor 0.95 Q=C*I*A 0.89 cfs DA-6 Worksheet for Circular Channel Project Description Worksheet DA-6 Row Element Circular Chann Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic).010 Channel Slope 0.50 % Diameter 12.0 in Discharge 0.76 cfs Results Depth 0.33 ft Flow Area 0.2 ft2 Wetted Perime 1.22 ft Top Width 0.00 ft Critical Depth 0.36 ft Percent Full 32.8 % Critical Slope 0.34 % Velocity 3.39 fUs Velocity Head 0.18 ft Specific Energ, 0.51 ft Froude Numbe 1.23 Maximum Disc 3.52 cfs Discharge Full 3.27 cfs Slope Full 0.03 % Flow Type Supercritical Drainage Area Drainage Area #7 Drainage Area 25,800 sf Drainage Area 0.59 ac Impervious Area Calculation Building 0 sf Total - sf Total 0.00 ac % Impervious 0.0% 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity 1.23 in/hr C-Factor 0.25 Q=C*I*A 1.07 cfs 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity 8.15 in/hr C-Factor 0.25 Q=C*I*A 1.21 cfs 100-Year Peak Flow Calcs 100-Year Peak Flow 100-Year Intensity 9.60 in/hr C-Factor 0.25 Q=C*I*A 1.42 cfs DA-7 Worksheet for Circular Channel Project Description Worksheet DA-7 Flow Element Circular Chann Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic).010 Channel Slope 0.50 % Diameter 12.0 in Discharge 1.97 cfs Results Depth 0.56 ft Flow Area 0.5 ftz Wetted Perime 1.69 ft Top Width 0.00 ft Critical Depth 0.60 ft Percent Full 55.9 % Critical Slope 0.40 % Velocity 4.36 fUs Velocity Head 0.30 ft Specific Energy 0.85 ft Froude Numbe 1.14 Maximum Disc 3.52 cfs Discharge Full 3.27 cfs Slope Full 0.18 % Flow Type supercritical Drainage Area Drainage Area Drainage Area Impervious Area Calculation Rubber Surface Total Total % Impervious 10-Year Peak Flow Calcs 10-Year Peak Flow 10-Year Intensity C-Factor Q=C*I*A 25-Year Peak Flow Calcs 25-Year Peak Flow 25-Year Intensity C-Factor Q=C*I*A 100-Year Peak Flow Calcs 100•-Year Peak Flow 100-Year Intensity C-Factor Q=C*I*A Drainage Area #8 12,247 sf 0.28 ac 12,247 12,247 sf 0.28 ac 100.0% 7.23 in/hr 0.95 1.93 cfs 8.15 in/hr 0.95 2.18 cfs 9.60 in/hr 0.95 2.56 cfs DA-8 Worksheet for Circular Channel Project Description Worksheet DA-8 Flow Element Circular Chann Method Manning's Forr Solve For Channel Depth Input Data Mannings Coeffic).010 Channel Slope 0.50 % Diameter 12.0 in Discharge 2.18 cfs Results Depth 0.60 ft Flow Area 0.5 ft2 Wetted Perime 1.76 ft Top Width 0.00 ft Critical Depth 0.63 ft Percent Full 59.6 % Critical Slope 0.42 % Velocity 4.46 ft/s Velocity Head 0.31 ft Specific Energ, 0.91 ft Froude Numbe 1.12 Maximum Disc 3.52 cfs Discharge Full 3.27 cfs Slope Full 0.22 % Flow Type supercritical Completeness Review Checklist Project Name: a f� Z Received Date: Project Location: -Tu'Yl Accepted Date: ►\ Rule(s) F-12008 Coastal lDf995 Coastal nPhase II (WiRO) Universal 1:11988 Coastal Type of Permi Ne or Mod or PR Existing Permit # (Mod or PR): Cert on File? �PE Density: `HD) or LD Type: Comm rcial or Residential ❑NCG: %: _0(% 00) Stream Class: EISA Map OI6ifsite to SW8 Subdivided?: Subdivision or Vale Lo MORW Map MExemnt raperworK Emailed Engineer on: L_U plement(s) (1 original per BMP) BMP Type(s): r-qe&'M with correct/original signatures (1 original per BMP except LS/VFS and swales) ❑Application with correct/original signatures =-) iad C6~04-41flY'-N Q 4temt8k-r- OY ❑Corp or LLC. Sig. Auth. Der SoS or lette ote to Reviewer: O'$5`7 � 05 (within 6mo) -� IeCt�¢ Pe -ry if /�,� 6. '1Rftye / -�55 Koils Report with SHWT '� �7� `VX' I NSr-- alculations (signed/sealed) No obvious errors Density includes common areas, etc ®Deed Restrictions, if subdivided: VQIL k 9-x' nGAQ"C MSigned & Notarized Plans Sets ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading ®Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend ®DA Maps ®Project Boundaries I Infiltration Report Additional Information: Permitted BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Wet Pond ❑Soils Report SH Proposed: offsite •-rwsfQ2�,- tTN-rcNWe jo (pa G&- F—IPE Cert for Master Lot #: Deed Rest for Master ,OLot # Matches Master BUA Permitted (Master): ro Imam ( QV090NI 111 ws BUA Proposed (Offsite): 164.2.11 sf Proposed: Prnnnend