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HomeMy WebLinkAboutSW8060553_HISTORICAL FILE_20060717STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 p�D0553 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2001D0_1 YYYYMMDD r W A TFh, aim w v� -y aas July 17, 2006 Mr. Byron Stratus, President Stratus Management Company, Manager Porters Pointe, LLC 2609 Mimosa Place Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 060553 Porters Pointe Subdivision High Density Subdivision Project New Hanover County Dear Mr. Stratus: M,chacl P Easley, Govemor William G Ross Jr , Secrctar3 North Carolina Department or Em'monment and Natural Resources Alan W Klimek, P F Director Division of Water Quality The Wilmington Regional Office received a complete Stormwater Management Permit Application for Porters Pointe Subdivision on June 27, 2006 Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 060553, dated July 17, 2006, for the construction of the project, Porters Pointe Subdivision. This permit shall be effective from the date of issuance until July 17, 2016, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Robert Gordon, or me at (910) 796-7215, Sincer®ly ' .64 Edward Beck Regional Supervisor Surface Water Protection Section ENB/rdg: S:\WOS\STORMWAT\PERMIT\060553.ju106 cc: David Boyette, Stewart Engineering Inc. Tony Roberts, New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering Robert Gordon Wilmington Regional Office Central Files Norihcarolma ,A h(rally North Carolma Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Sm¢e 1-877-623-6748 Wilmington Regional Office Wilmington, NC 28405 Fax (910)350-2004 Intemel wwwncwutcrquahh'ore An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper State Stormwater Management Systems Permit No. SW8 060553 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Byron Stratus & Porters Pointe, LLC Porters Pointe Subdivision Porters Neck Road - New Hanover County FOR THE construction, operation and maintenance of 2 infiltration basins in compliance with the provisions of 15A NCAC2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 16, 2016 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 61 lots, each allowed 4,015 square feet of built -upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. Each basin must be operated with a 40-50' level spreader prior to discharge into the wetlands. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 060553 6. The following design elements have been permitted for this infiltration basin stormwater facility, and must be provided in the system at all times. �;- Units ' 1nfiltration,Ba"sin Infiltration.Basin-� _ ,, �, �•,.2 Drainage Area 10.28 10.71f Onsite Acres 10.28 10.71 Offsite 0 0 Total Impervious Surfaces 206,247 216,108 Lot BUA at 4,015 ft2/lot 96,525 121,550 Roads/Parking ft2 76,412 83,462 Sidewalks 10,580 11,096 Other 22,730 0 Offsite 0 0 Basin Depth feet 6.0 6.0 Design Storm inches 1.5 1.5 Bottom Elevation FMSL 18.0 18.0 Permitted Surface Area Bottom ft2 7,454 7,389 Permitted Storage Volume ft 60,298 65,046 Storage/Bypass Elevation FMSL 24.0 24.0 Expected Infiltration Rate in/hr 9.0 8.8 Time to Draw Down hours 8.0 8.18 Type of Soil-' .° `- Kenansville Receiving Stream =; ; Pages Creek River Basin :>. Cape Fear Stream Index Number 18-87-22 Classification of Water Body SA;HQW II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 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. 4. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 060553 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 6. 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. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The Director may determine that other revisions to the project should require a modification to the permit. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 9. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 4 of 8 State Stormwater Management Systems Permit No. SW8 060553 13. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060553, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 4,015 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 14. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 15. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data.Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Page 5of8 State Stormwater Management Systems Permit No. SW8 060553 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 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. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this_.tUe 17`h day of July, 2006. NOErjHtAROLINA VIR NMENTAL MANAGEMENT COMMISSION (or Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Management Systems Permit No. SW8 060553 Porters Pointe Subdivision Stormwater Permit No. SW8 060553 New Hanover Countv Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW8 060553 Certification Requirements: Page 2 of 2 .1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Tony Roberts, New Hanover County Building Inspections Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE Corporations °Corporations Home *Important Notice *Corporations FAQ •Tobacco Manufacturers *Dissolution Reports GNon-Profit Reports *Verify Certification OOnline Annual Reports OKBBE 6213 Annual Reports Links *Secretary Of State Home •Register for E-Procurement *Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries •Annual Reports 1997 OCorporations 1997 Search •By Corporate Name *For New Corporation *By Registered Agent Online Orders *Start An Order •New Payment Procedures Contact Us *Corporations Division OSecretary of State's web site Print *Printable Page PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Date: 7/17/2006 Click here to: View Document Filings I Print apre-populated Annual Report Form I Annual Report Count I Fil an Annual Report I Corporation Names Name Name Type NC Stratas Management Legal Company Business Corporation Information SOSID: 0827749 Status: Current -Active Date Formed: 2/13/2006 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address Registered Mailing Address: Principal Office Address: Principal Mailing Address: Stock Class Shares Common 1000000 Stratas, Byron A. 2609 Mimosa Place Wilmington NC 28403 2609 Mimosa Place Wilmington NC 28403 No Address No Address No Par Value Par Value Yes N/A For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?Pitemld=7916223 7/17/2006 LETTER OF TRANSMITTAL CCS' STEWART C. TO FROM ob Linda Lewis Steve Thomas NCDENR, DWQ Civil Project Manager 127 Cardinal Drive Extension 919.719.1045 x 203 Wilmington, NC 28405 DATE SENT VIA June 26, 2006 Hand Delivery PROJECT NUMBER PROJECT NAME C6005 Porter's Pointe Subdivision COPIES DATE DESCRIPTION 2 6/26 06 Revised Plan Sheets 2 6 26 06 Revised Page 2 of Stormwater Application, Attachment "B" 2 6 26 06 Impervious Area Breakdown & Level Spreader Calculations 2 6/26/06 Porter's Pointe LLC Articles of Incorporation, Assignment and Resignation, and Operating Agreement 1 5 16 06 Soils Report ® For approval ❑ For review & comment ❑ Returned for corrections ® For your use ❑ Approved as submitted ❑ Returned after review ® As requested ❑ Approved as noted ❑ Resubmit copies for approval COMMENTS Linda, Please find the enclosed documents addressing your comments on the Stormwater Application for the above referenced project. Please let me know if you have any questions or need anything further. Thank you, rr L SIG Steve Thomas, PE - Civil Project Manager JUN 2 7 2006 COPIED TO Brian Eckel - Cape Fear Commercial Chris Reid - Thomas Construction ENGINEERING. INNOVATION. SOLUTIONS.T^ 128 E. HARGETT ST RALEIGH, NC T 919.719.1045 SUITE 300 27601 F 919.719.1049 i June 26, 2006 Porter's Pointe Subdivision First Review Comments Stormwater Permit Number: SW8 060553 The following are the review comments and corrections for the above referenced plan: 1. Please provide documentation of your status as the manager of this LLC. The Articles of Incorporation only have you listed as the organizer, neither a member nor a manager. Response: Byron's company (Stratas Management Company) is the manager and his other company (AHG Investments, LLC) is the member. The operating agreement for Porter's Pointe, LLC illustrates this arrangement, and it is attached, along with other pertinent legal information about the LLC. 2. Please break out the clubhouse/recreation space built -upon area, both current and future, on the application. If the 22,730 ft2 currently reported on the application as "Other On -site" for Basin A is for the clubhouse/recreation area, please note this on the application. Response: Please see the attached spreadsheet that shows the breakdown of impervious area for the project. The 22,730 sf listed as 'other on -site' for Basin A does represent the allocation for the future amenities area. This has been noted on Page 2 of the application as well. 3. Please provide a flow spreader mechanism at the end of the bypass piping for each basin, where it enters the wetland. Response: A level spreader has been added to the bypass piping outlets before they enter the wetlands. A detail for the level spreader has been added to Sheet C906. Length calculations are also attached. 4. Please submit a copy of the soils report. The report must include a boring log, and conclusions regarding the soil type, infiltration rate, and seasonal high water table elevation. Vincent's site visit does not mitigate this requirement. Response: A copy of the soils report is attached. Please specify the grate location on the DI-2B detail. The grate must be located only over the side of the inlet that drains into the infiltration basin. The top over the bypass side must be solid. Response: The location of the grate has been added to the detail of DI-2B on Sheet C905. The grate has been shown to be located only over the side of the inlet that drains into the infiltration basin. Please show the proposed grading and dimensions for all the BUA associated with the recreation area. Response: Grading for the proposed amenities area has not been fully developed at this time due to the fact that this work is not a part of this package. The future grading in this area will be very minimal and will follow the existing drainage patterns to ensure that runoff from any impervious surfaces will be directed to one of the two proposed infiltration basins. Dimensions for all BUA associated with the amenities area have been added to the Sheet C300A. Page 2 7. Please add a radius for the cul-de-sac. Response: The radius for the cul-de-sac has been added to Sheet C300A. 8. Please add a section detail for the infiltration basins, noting the bottom elevation and that the side slopes must be 3:1 or flatter. Response: Section details for both infiltration basins have been added to Sheet C905. 9. Please have your attorney prepare the Declaration of Deed Restrictions and Protective Covenants for the project. The declaration must include all of the statements as shown on the attached document marked "A". If the proposed Declaration document is not available, the Division will accept the attached document marked "B", completed, signed, dated, and notarized. Response: The proposed Declaration document is not available at this time. Please see the completed document marked "B". MAY-17-2006 07:47 From:58ME 9107999958 To:19197191049-055 P.1/14 May 16, 2006 Cape Fear Commercial 11 l I Military Cutoff Road, Suite 151 Wilmington, North Carolina 28405 Attention: Mr. Vin Wells Reference: Double Ring Infiltrometer Testing Porters Point Porters Neck Road Wilmington, North Carolina Job No. 1061-05-577D Dear Mr, Wells: JUN 2 1 2006 In accordance with S&ME Proposals 1021-05 dated October 24, 2005 and 1109-05 dated December 20, 2005, S&ME personnel have recently conducted double -ring unfiltrometer testing ot'the surficial soils at the subject site at the approximate locations shown in Figure 1. Specifically, our representatives performed the following work items: Advanced 21 hand-augered borings across the site in order to visually classify the in -place soils. The hue and chroma of the recovered soil samples were compared to a Mansell Soil Color Chart. 2. Conducted five double -ring infltrometer tests at depths ranging from 9 to 22 inches below the existing ground surface. This testing was conducted in general accordance with American Society for Testing and Materials (ASTM) procedure D-3385 entitled, "Infiltration Rate of Soils in Field Using Double - Ring Infiltrometer", Based on our field classifications of the excavated wits at the hand-augered boring locations, the in - place soils consist of sands- with varying amounts ol'silt or clay which extended to the maximum completed boring depth of 96 inches below the existing ground surface. Water was encountered in the boreholes tit depths ranging from about 17 to 90 inches below the existing ground surface. 'Ibc site water level will fluctuate with climatic and seasonal conditions, however, and may be higher or lower at other times of the year, Due to thick vegetation, proposed infiltration text location 3 was inaccessible. In consideration of the client's time constraint, the actual infiltration test location 3 was perfin-med approximately 50 feet to the northwest, along the tree line. In -situ soils at the proposed and actual test locations were compared and were found to be similar in structure, texture, and wetness. 56ME, Inc (910) 799.9945 6409 Amsrardom Way, Building 8 3 (910) 799.9958 las Wilmingron, Nonh Corchno 28405 ! Ww ..mcinc.com MAY-17-2006 07:47 From:SWE 910799995e To:19197191049-055 P.2114 Cape Fear Commercial May 16, 2006 S&ML; Job Number 1061-05-577D Page Two The average infiltration rate at the test locations ranged from 0.5 to 15.2 inches per hour. A summary of the field test results is presented in Tables I and 2. Depth of test for test locations 2 and 3 were requested by your civil engineer to be performed at three and four feet below ground surface, respectively. Upon reviewing our hand auger data for these areas, we determined the soil column to be relatively uniform, so testing at shallower depths would provide very similar infiltration rates to testing at deeper depths. Your civil engineer also requested test locations 4 and 5 be performed at six and twelve feet below ground surface, respectively. Because of the relatively shallow water observed in hand auger borings 3, 4, and 10, we recommended performing these tests just below the ground surface. S&ME appreciates the opportunity to provide our services during this phase of the project. Should you have any questions after reviewing this letter, or if we can be of additional assistance, please do not hesitate to contact ut at your convenience. Sincerely, Paul A. Masten Environmental Professional PAM:RGM/jns ALWIlmmu Fax: Stewart Engineering, Mr. Steve Thomas (919 7194049) 4��O Randy Martin, P.E. Branch Manager MAY-17-2006 07:47 From:SBME 9107999958 To:19197191049-055 P.3,14 Depth Location inches TABLE 1 Hand Auger Borings Munsell Soil Descriptions Porters Point Porters Neck Road Wilmington, North Carolina S&ME Job Number 1061-05-577D Hue Value/Chroma Soil Description 2 0-4 2.5 Y 2.5/1 Black Slightly Silty Medium to Fine SAND 4-10 7.5 YR 4/1 Dark Gray Medium to Fine SAND 10-17 2.5 Y 2.511 Black Slightly Silty Medium to Fine SAND 17-36 10 R 2.5/1 Reddish Black Silty Medium to Fine SAND Water was encountered at 34 inches below the existing ground surface. 3 0-5 2.5 Y 2.5/1 Black Slightly Silty Medium to Fine SAND 5-8 7.5 YR 4/1 Dark Gray Medium to Fine SAND 8-13 2.5 Y 2.5/1 Black Slightly Silty Medium to Fine SAND 13-28 2.5 YR 2.5/2 Very Dusky Red Slightly Cemented Medium to Fine SAND Water was encountered at 27 inches below the existing ground surface. 4 0-6 2.5 Y 3/1 Very Dark Gray Slightly Silty Medium to Fine SAND 6-22 2.5 Y 4/2 Dark Grayish Brown Slightly Silty Medium to Fine SAND 22-34 2.5 Y 2.5/1 Black Sandy PEAT Water was encountered al 24 inches below the existing ground surface. 5 0-9 10 YR 411 Dark Gray Medium to Fine SAND 9-22 2.5 Y 2.5/1 Black Slightly Silty Medium to Fine SAND 22-38 2.5 Y 613 Light Yellowish Brown Slightly Silty Medium to Fine SAND Water was encountered at 38 inches below the existing ground surface. MAY-t7-2006 07:47 From:S&ME 910799995e To:19197191049-055 Table 1 (Continued) S&ME Job Number 1061-05-577D Page Two Depth ,Location Inches Hue Value/Chroma 6 0-9 10 YR 4/1 9-32 2.5 Y 6/3 Soil Description Dark Gray Medium to Fine SAND Light Yellowish Brown Medium to Fine SAND Water was encountered at 30 inches below the existing ground surface. 7 0-9 2.5 Y 2.5/1 Black Silty Loam 9-19 2.5 Y 3/1 Very Dark Gray Slightly Silty Medium to Fine SAND 19-22 2.5 Y 6/6 Olive Yellow Medium to Fine SAND 22-30 2.5 Y 2,5/1 Black Medium to Fite SAND Water was encountered at 25 inches below the existing ground surface. 8 0-3 10 YR 4/2 3-8 l0 YR 4/3 8-18 2.5 Y 6/4 18-37 2.5 Y 7/2 37.40 7.5 YR 5/8 40-62 2.5 Y 7/2 62-74 10 YR 6/6 74-96 2.5 Y 6/3 Dark Grayish Brown Medium to Fine SAND Brown Medium to Fine SAND Light Yellowish Brown Medium to Fine SAND Light Gray Medium to Fine SAND Strong Brown Clayey SAND Light Gray Medium to Fine SAND Brownish Yellow Slightly Clayey Medium to Fine SAND Light Yellowish Brown Medium to Fine SAND Water was encountered at 90 inches below the existing ground surface. 9 0-12 2.5 Y 4/3 Olive Brown Slightly Silty Medium to Fine SAND 12.18 10 YR 2/2 Very Dark Brown Slightly Silty Medium to Fine SAND 18-46 2,5 Y 6/3 Light Yellowish Brown Slightly Silty Medium to Fine SAND Water was encountered at 35 inches below the existing ground surface. MAY-17-2006 07:48 From:SBME 9107999958 To:19197191049-055 P.5,14 Table 1 (Continued) S&ME Job Number 1061-05-577D . Page Three Depth Location Inches Hue Value/Chroma 10 0-4 2.5 Y 4/2 4-18 2.5 Y 4/4 19-33 2.5 Y 6/4 33-45 2.5 Y 4/3 45-67 10 YR 4/6 Soil Descrintion Dark Grayish Brown Slightly Silty Medium to Nine SAND Olive Brown Slightly Silty Slightly Cemented Medium to SAND Light Yellowish Brown Slightly Silty Medium to Fine SAND Olive Brown Slightly Silty Medium to Fine SAND Dark Yellowish Brown Slightly Silty Medium to Fine SAND Water was encountered at 53 inches below the existing ground surface_ 11 0-9 2.5 Y 4/2 Dark Grayish Brown Slightly Silty Medium to Fine SAND 9-36 2.5 Y 6/4 Light Yellowish Brown Slightly Silty Medium to Fine SAND 36-59 2.5 Y 5/6 Light Olive Brown Slightly Silty Medium to Fine SAND Water was encountered at 50 inches below the existing ground surface. 12 0-1 I 10 YR 4/2 Dark Grayish Brown Medium to Fine SAND 11-58 2.5 Y 6/4 Light Yellowish Brown Slightly Silty Medium to Fine SAND Water was encountered at 52 inches below the existing ground surface. 13 0-10 2.5 Y 4/2 Dark Grayish Brown Slightly Silty Medium to fine SAND 10-30 2.5 Y 6/4 Light Yellowish Brown Slightly Silty Medium to Fine SAND 30-62 2.5 Y 6/6 Olive Yellow Slightly Silty Medium to Fine SAND Water was encountered at 54 inches below the existing ground surface. MAY-17-2006 07:4e From:58ME 9107999958 To:19197191049-055 P.6/14 Table I (Continued) S&ME Job Number 1061-05-577D Page Four Depth Location Inches Hue Value/Chroma Soil Description 14 0-10 2.5 Y 3/1 Very Dark Gray Slightly Silty Medium to Fine SAND 10-18 2.5 Y 2.5/1 Black Slightly Silty Cemented Medium to Fine SAND 18-24 2.5 Y 4/1 Dark Gray Slightly Silty Medium to Fine SAND Water was encountered at 21 inches below the existing ground surface. 15 0-9 10 YR 6/2 Light Brownish Gray Medium to Fine SAND 9-18 10 YR 4/2 Dark Grayish Brown Medium to Fine SAND 18-40 2.5 Y 6/4 Light Yellowish Brown Slightly Silty Medium to Fine SAND 40-56 2.5 Y 6/2 Light Brownish Gray Slightly Silty Medium to Fine SAND Water was encountered at 40 inches below the existing ground surface. 16 0-3 7.5 YR 3/1 Very Dark Gray Slightly Silty Medium to Fine SAND 3-15 10 YR 3/2 Very Dark Grayish Brown Slightly Silty Medium to Fine SAND 15-17 10 YR 4/3 Brown Slightly Silty Medium to Fine SAND Water was encountered at 17 inches below the existing ground surface. According to the New Hanover County Soil Survey, the following series arc present on the project site: • Lynn Haven soil series— Borings 2, 3 and 4 — reported in the New Hanover County Soil Survey as having a seasonal high water table of less than one foot below land surface occurring between June and February. • Leon soil series — Borings 6, 7, 14 and 16 — reported in the New Hanover County Soil Survey as having a seasonal high water cable of less than one foot below land surface occurring between ,tune and February. MAY-17-2006 07:48 From:S&ME 910799995e To:19197191049-055 P.7,14 Table t (Continued) S&MLJob Number 1061-05-577D Page Five • Kenansville soil series - Borings 5, 8, 11, 12, 13, and 15 - reported in the New Hanover County Soil Survey as having a seasonal high water table of greater than six feet below land surface throughout the year. • Stallings soil series - Borings 9 and 10 - reported in the New Hanover County Soil Survey as having a seasonal high water table orbetween 1.5 and 2.5 feet below land surface occurring between December and March. Additional hand augers were requested by Mabel Trask, Cape Fear Commercial, and covered under our Form CA-041, Change to Agreement of Services, dated December 20, 2005. Depth Location inches Hue Value/Chroma Soil Description IA 0-12 2.5 Y 5/2 Grayish Brown Slightly Silty Fine to Medium SAND 12-24 2.5Y 6/3 Light Yellowish Brown Slightly Silty Fine to Medium SAND 24-36 2.5 Y 7/3 Pale Yellow Slightly Silty Fine to Medium SAND Water was encountered at 30 inches below the existing ground surface IB 0-6 2.5 Y 511 Gray Slightly Silty Medium to Fine SAND 6-12 2.5Y 6/4 Light Yellowish Brown Slightly Silty Fine to Medium SAND 12-48 2.5 Y 713 Pale Yellow Slightly Silty Fine to Medium SAND Water was encountered at 46 inches below the existing ground surface. 2A 0-3 2.5 Y 6/1 Cray Slightly Silty Medium to Fine SAND 3-18 2.5 Y 5/3 Light Olive Brown Slightly Silty Medium to Fine SAND I8-36 2.5 Y 7/3 Pale Yellow Slightly Silty Fine to Medium SAND Water was encountered at 25 inches below the existing ground surl'ace. MAY-17-2006 07:49 From:S&ME 9107999959 To:19197191049-055 P.B/14 Table I (Continued) S&ME Job Number 1061-05-577D Page Six Depth Location Unches I•lue Value/Chroma Soil Description 2B 0-3 2.5Y 6/1 Gray Slightly Silty Medium to Fine SAND 3-12 2.5 Y 5/3 Light Olive Brown Slightly Silty Medium to fine SAND 12-42 2.5 Y 7/3 Pale Yellow Slightly Silty Fine to Medium SAND Water was encountered at 42 inches below the existing ground surface. Depth . Location Inches Hue Value/Chroma Soil Description 3A 0-2 2.5 Y 6/1 2-12 2.5 Y 5/2 12-18 2.5 Y 4/1 18-24 2.5 Y 6/3 24-29 2.5 Y 5/6 29.48 2.5 Y 311 Gray Slightly Silty Medium to Fine SAND Grayish Brown Slightly Silty Fine to Medium SAND Dark Gray Slightly Silty Medium to Fine SAND Light Yellowish Brown Slightly Silty Fine to Medium SAND Light Olive Brown Slightly Silty Medium to Fine SAND Very Dark Gray Slightly Silty Medium to Fine SAND Water was encountered at 46 inches below the existing ground surface. 3B 0-15 2.5 Y 4/2 Dark Grayish Brown Slightly Silty fine to Medium SAND 15-42 2.5 Y 7/3 Pale Yellow Slightly Silty Fine to Medium SAND 42-60 2,5 Y 6/3 Olive Yellow Medium to Fine SAND 60-68 2.5 Y 7/7 Light Gray Slightly Silty Medium to Fine SAND Water was encountered at 66 inches below the existing ground surfaue. According to the "Soil Survey of New Hanover County", the areas wherein Locations IA, IB, 3A and 3B were performed consist of the Kenansville soil series, and areas wherein Locations 2A and 2B were performed consist of the Leon soil series. As reported in the "Soil Survey of New Hanover Cuunty", the seasonal high water table for.'the Kenansville series is greater than 6 feet below the existing ground Surface, and 0 to 1.0 feet for the Leon series. MAY-17-2006 07:4B From:SBME 910799995E To:19197191049-055 P.9/14 TABLE Double Ring Infiltrometer Testing, Porters Point Porters Neck Road Wilmington, North Carolina S&NIE Job Number 1061-05-577D Location: 1 Date of Test: April 28, 2006 Depth of Test Below Site Grade: 9 inches Inner Diameter of Inner Ring: 111/. inches Depth of Water in Rings: 3% inches Inner Diameter of Outer Ring: 22'/c inches Depth to Water: 36" Average Infiltration Rate at Location 1: 9.0 inches per hour High Water Table: >6 feet below land surface* Soil Series: Kenansvillc* Datc ofTcst: April 2g, 2006 Depth of Test Below Site Grade: 22 inches Depth of Water in Rings: 3'/2 inches Depth to Water: 57" Location: 2 Inner Diameter of Inner Ring: 1 M. inches Inner Diameter of Outer Ring: 22'/z inches Average lnfiltmtiun Rate at Location 2: 8.8 inches per hour High Water Table: >6 feet below land surface* Soil Series: Kenansville* Note: *As interpolated from the "Soil Survey of New Hanover County" prepared by the United States Department of Agriculture Soil Conservation Service 517-2006 07:48 From:SBME 910799995E MAY-17-2006 07:48 From:SBME TABLE 2 - Continued Double Ring Infiltrometer'1'e: Porters Point Porters Neck Road Wilmington, North Carolin S&ML Job Number 1061-05- Location: 5 Date of Test: May 10, 2006 Depth of Test Below Site Grade: 7 inches Inner Dit Depth of Water in Rings: 4 inches Inner Die Depth to Water: N/A Average Infiltration Rate at Location 3: 0.5 inches per hour High Water Table: 0-1 feet below land surface' Soil Series: Leon' Note: *As interpolated from the "Soil Survey of New Hano% States Department of Agriculture Soil Conservation TA Double F P Wilm S&ME Jo DateofTest: Apri128,2006 Depth of Test Below Site Grade: 20 inches Depth of Water in Rings: 3%x inches Depth to Water: 36" Average Infiltration Rate at Location 3: 15. High Water Table: >6 feet below land surfs Soil Series: Kenansville' Date of Test: May 10, 2006 Depth of Test Below Site Grade: 9 inches Depth of Water in Rings: 4 inches Depth to Water: N/A" Average Infiltration Rate at Location 3: 10. High Water Table: >6 feet below land surfa Soil Series: Kenansville• Note: 'As interpolated from the "Soil Su, Slates Department of Agriculture Soil Coi MAY-17-2006 07:48 FrDm:S8ME 9107999958 To:19197191049-055 P.12/14 a ar�n�IrN ON Note: Site plan and infilt►ometer test locations provided by Stewart Engineering U POW �j O 4 I II II I j I I IQ- I 1 3 I �Y I o I Q I � I l� I I a o , LEGEND ® Approximate location of inflltrometer tests LDRAWN NOT TO SCALEmmwm INFILTROMETER TEST LOCATIONS FIGURE PORTER'S POINT NUMBER BY: RGM �r PORTERS NECK ROAD 1 Y: PAM WILMINGTON, NORTH CAROLINA ENGINEERING . TESTING 5.12-08 ENVIRGNMENTAL9ERVICE4 SSME PROJECT NUMBER: 1061-05-577D LEGEND ® Approximate location of inflltrometer tests LDRAWN NOT TO SCALEmmwm INFILTROMETER TEST LOCATIONS FIGURE PORTER'S POINT NUMBER BY: RGM �r PORTERS NECK ROAD 1 Y: PAM WILMINGTON, NORTH CAROLINA ENGINEERING . TESTING 5.12-08 ENVIRGNMENTAL9ERVICE4 SSME PROJECT NUMBER: 1061-05-577D 9107999958 To:19197191049-055 P.13/14 Note: Site plan drawing provided to S&ME LEGEN by Hanover Design personnel. 0 Approximate Location of Hand-Augered Boringe There is no hand auger location 1, SCALE; NOTTOSCALE HAND -AUGER BORING LOCATIONS FIGURE PORTERS NECK ROAD DRAWN BY: JNs t SW WILMINGTON, NORTH CAROLINA 2 MAY-17-2006 07:49 From:S8ME 9107999958 To:19197191049-055 P.14/14 adU'Na3d rs v Wl*k2n ON ]s .o ser 00 3 .ByK S I mks O \7 CNtI I I v /Y J— d 1 ttt LEGEND 0 Approximate location of Note: Site plan and hand auger locations hand auger advancements provided by Stewart Engineering SCALE: NOT TO SCALE ADDITIONAL HAND -AUGER BORING LOCATIONS FIGURE CHECKED BY: RGM PORTER'S POINT NUMBER PORTERS NECK ROAD DRAWN BY: PAM WILMINGTON, NORTH CAROLINA ENGINEERING TESTING DATE: 5.12-06 ENVIRGNMENTALSERVILE9 SB,ME PROJECT NUMBER: IOGI-05-577D CAPEeFEAR Mabel Trask 1 I 1 I Military Cutoff Rd. Ste. 151 Director of Project Development Wilmineton, NC 28405 mabel@capefearcommercial.com Phone: (910) 619-8188 Fax: (910) 332.4145 x I06 Date: June 26. 2006 To: Linda Lewis - DWQ No. of Pages (including cover): 13 Notes/Comments: Request for additional info -- ANSWERS Linda, Attached please find the Articles of Organization for Porter's Pointe, LLC, along with the Resignation of Organizer and the Operating Agreement. The member and manager are not items of information typically contained in Articles of Organization, but the additional two documents consist of all legal documentation for the identification of the Member and the Manager. In addition, I have attached document " B" — filled out, signed, and notarized. Sincerely, Mabel Trask Cape Fear Commercial The information contained in and transmitted with this facsimile is confidential. If you have received this facsimile in error: please notify us immediately by telephone at the number listed. OF MNFrn FNTI A I. ITV CCS STEWART Lot Number Total Lot Area sf Allowable Built Upon Area sf 1 6,534 4,015 2 6,970 4,015 3 6,970 4,015 4 6,970 4,015 5 6,970 4,015 6 6,970 4,015 7 6,534 4,015 8 6,534 4,015 9 6,534 4,015 10 6,534 4,015 11 6,534 4,015 12 6,534 4,015 13 6,534 4,015 14 6,534 4,015 15 6,534 4,015 16 6,534 4,015 17 6,534 4,015 18 8,712 4,015 19 9,583 4,015 20 9,583 4,015 21 9,583 4,015 22 9,583 4,015 23 10,019 4,015 24 10,019 4,015 25 9,583 4,015 26 9,583 4,015 27 9,583 4,015 28 11,326 4,015 29 9,148 4,015 30 6,970 4,015 31 6,970 4,015 32 6,970 4,015 33 7,841 4,015 34 10,890 4,015 35 10,890 4,015 36 8,276 4,015 37 7,841 4,015 38 7,841 4,015 39 7,841 4,015 40 7,841 4,015 41 7,841 4,015 42 7,841 4,015 43 7,841 4,015 44 7,841 4,015 45 16,117 4,015 46 7,841 4,015 47 1 7,841 4,015 Porter's Pointe Subdivision Impervious Area Breakdown f Lot Number Total Lot Area sf Allowable Built Upon Area sf 48 7,841 4,015 49 8,712 4,015 50 8,712 4,015 51 8,712 4,015 52 8,712 4,015 53 8,712 4,015 54 8,712 4,015 55 8,712 4,015 56 8,712 4,015 57 8,712 4,015 58 8,712 4,015 59 8,712 4,015 60 8,712 4,015 61 8,712 4,015 Lot Subtotal 503,989 244,915 Street Subtotal 133,034 Sidewalk Subtotal 21,676 Future Amentities Center Subtotal 22,730 Total Impervious 422,355 Please note that the impervious area per lot reflects the building and parking area associated with each lot. Each lot is assigned 3575 sf of building area and 440 sf of parking area for a total of 4015 sf per lot. �.-r<.-.,��-.� a/ryry��[[yy yJy f�� ;'/,� �y � n�� F�Y�41� r', ATF9 "1;�G r X June 20, 2006 Mr. Byron Stratas, Member/Manager Porter's Pointe, LLC 2609 Mimosa Place Wilmington, NC 28403 Subject: Request for Additional Information Stormwater Project No. SW8 060553 Porter's Pointe Subdivision New Hanover County Dear Mr. Stratas: Michael F Easley, Governor William G Ross 1r , Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P E Director Division of Water Quality The Wilmington Regional Office received a Stormwater Management Permit Application for Porter's Pointe Subdivision on May 30, 2006, with a scheduled Express Review date of June 19, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed t 'ntinue the stormwater review: 1. Please provide docum ntati of your status as the manager of this LLC. The y Articles of Incorporatio have you listed as the organizer, neither a member nor a manager. 2. Please break out the clubhouse/rec ation space built -upon area„both current and future, on the applicat on. If e 22,730 ft2 currently reported on the application as "Other On-s te" r Basin A is for the clubhouse/recreation area, please note this on the app (cation. 3. Please provide a flow spreade, chant at the end of the bypass piping for each basin, where it enters the etland. 4. Please submit a copy of the soils repo he report must include a boring log, and conclusions regarding the oil t e, infiltration rate, and seasonal high water table elevation. Vincent's site vi oes not mitigate this requirement. 5. Please specify the grate loc�ti0 on the DI-2B detail. The grate must be located only over the side of the inle at.drains into the infiltration basin. The top over the bypass side must be solid? 6. Please show the proposed rading and dimensions for all the BUA associated with the recreation area. 7. Please add a radius for e cul-de-s 8. Please add a section detail for the'infiltration basins, noting the bottom elevation and that the side slopes must -be 3:1 or flatter. No thCarolina ,Xatura!/y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet www ncwaterouahty or Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. Stratas June 20, 2006 Stormwater Application No. SW8 060553 Please have your attorney prepare the Declaration of Deed Restrictions and Protective Covenants for the project. The declaration must include all of the statements as shown on the attached document marked "A". If the proposed Declaration document is not available, the Division will accept the attached document marked "B", completed, signed, dated, and notarized. 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 July 5, 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail 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 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) 796-7404. Sincerely, Linda Lewis Environmental Engineer ENB/arl: S:\WQS\STORMWATER\ADDINFO\2006\060553.jun06 cc: David Boyette, P.E., Stewart Engineering Linda Lewis Page 2 of 2 Stormwater Impact Analysis For the proposed Porter's Pointe Subdivision Harnett Township, North Carolina Prepared for Cape Fear Commercial Prepared By Stewart Engineering, Inc. COS STEWART May 17, 2006 n 'RECEIVED MAY 3 d 2006 DWQ n.T # 5(,u$ C (oO553 )6 �� .c. ^4?.� e... o`,yt�. �' .ti" `Ya R � •f: ten, y' !Y+ � .° CYj � ° y 1? t�� in � i,':'�b9 • M �r �c�_ �} � t��Jf'� ` ..9. i t" Storm Impact Analysis For Porter's Pointe Subdivision Harnett Township, North Carolina Prepared for: Cape Fear Commercial Prepared by: Stewart Engineering, Inc. 128 E. Hargett Street, Suite 300 Raleigh, NC 27601 919.719.1045 Stewart Project No. C6005 May 17, 2006 STORMWATER IMPACT ANALYSIS PORTER'S POINTE SU HARNETT TOWNSHIP, NORTH CAROLINA EXECUTIVE SUMMARY This Stormwater Impact Analysis has been prepared specifically to address the requirements of Section 15A NCAC 02H .1005 of the North Carolina Administrative Code as it pertains to the stormwater requirements for coastal counties and the stormwater requirements of New Hanover County. The project site does not drain to Outstanding Resource Waters, however it is within one-half mile of a body of water classified as SA water. Three infiltration basins will be utilized to capture and infiltrate the runoff from the first one and one-half inches of rainfall in order to satisfy Section 15A NCAC 02H.1005 of the North Carolina Administrative Code. The basins have also been sized to retain sufficient runoff to hold the post -development peak flow for the 2-, 10-, and 25-year storms to pre - development levels. Site Information Porter's Pointe Subdivision is located off of Porter's Neck Road in Harnett Township in New Hanover County. The site is within the Cape Fear River Basin and drains to an unnamed tributary of Pages Creek which is classified as SA waters. Jurisdictional wetlands are present on site, along with several pockets of isolated wetlands. The site drains to the southeast with slopes ranging from 1%-3%. The site receives a small amount of offsite drainage from the northwest that sheet flows onto the site. Proposed Improvements The project proposes to subdivide the property into 61 lots ranging in size from 0.15ac to 0.37ac with an average size of 0.19 ac. A building and driveway footprint have been shown for each lot which has been used to determine the proposed impervious area. The development will consist of primary roadways which will be asphalt paving with curb and gutter and sidewalk and alleys from which the lots will be accessed. The alleys will consist of two 3' wide concrete strips with 2' of gravel in between and V on either side for a total width of 10'. For purposes of this report, the entire 10' section of the alley is considered impervious area. Two infiltration basins will be constructed on -site to provide water quality treatment to meet the State regulations and peak flow reduction mandated by New Hanover County. Both infiltration basins will be above -grade basins which will be located in the southeastern and southwestern corners of the site. Each basin is equipped with a bypass for larger storms. These bypass pipes discharge to a vegetated swale. Design Requirements Per Section 15A NCAC 02H .1005 (2) of the North Carolina Administrative Code for sites that are within 0.5 mile of SA waters the State Stormwater Regulations mandate that the runoff from the first one and one-half inches of rainfall be captured and infiltrated. The infiltration devises are designed in accordance with Rule .1008 of Section 15A NCAC 02H and have a bypass and a vegetated filter to treat runoff from rainfall events greater than one and one-half inches. Pursuant to the New Hanover County Stormwater Design Manual the post - development peak flow for the 2-, 10-, and 25-yr storms must be controlled to pre - development levels. Design Procedure Exhibit maps EX-1 and EX-2 which are included in this report show the existing and proposed drainage areas, respectively. The existing and proposed drainage areas were determined using field surveyed topographic information. Only one drainage area is utilized for the existing condition as the site generally flows to the southeastern property boundary. In the proposed condition, the site is divided into two drainage areas with one draining to each infiltration basin. Infiltration rates were determined by S&ME, INC using a double -ring infiltrometer test. The seasonal high groundwater level was determined by Vince Lewis of NCDENR-DWQ. In order to meet the State stormwater regulations, each basin has been sized to capture and infiltrate the runoff from the first one and one-half inches of rainfall. This volume of runoff is calculated using the Simple Method as outlined in the State BMP manual. The New Hanover County Stormwater Design Manual stipulates that the post -development peak flow for the 2-, 10-, and 25-year storms must be held to pre -development levels. The Soil Conservation Service (SCS) Hydrograph Formulation Method was used to compute peak flow for both the existing and proposed drainage areas. A Curve number (CN) of 60 was used for the existing condition where as 98 and 69 were used in the proposed condition for impervious and open space respectively. The time of concentration in the pre -development condition was calculated using the TR-55 method. In the post -development condition, a conservative time of concentration of 5 minutes was used. The software program entitled Hydroflow Hydrographs by Intelisolve was used to perform the calculations for pre- and post -development peak flow. Overall Results / Summary Tahlp 1 hpinw chnwc thin ctatictirc fnr parh infiltratinn hacin Top Bottom Groundwater Storage Total Infiltration Basin Elevation Elevation Elevation Elevation Storage Rate ft ft ft ft cf in/hr A 25.0 18 16 24.0 60,298 9.0 B 25.0 18 16 24.0 65,046 8.8 Table 1 - Infiltration Basin Statistics Table 2 shows the data pertaining to the State stormwater regulations. Each basin has more than enough storage volume to capture the runoff from the first one and one-half inches of rainfall. The drawdown time for each basin is also well below the maximum of five days. Required Provided Infiltration Infiltration Drawdown Bypass Basin Storage Storage Rate Rate Time Provided cf cf in/hr) (cfs) (hr Yes/No A 27,105 60,298 9.0 2.64 8.00 Yes B 26,095 65,046 8.8 3.06 8.18 Yes Table 2 - State Stormwater Table Table 3 shows the pre- and post -development peak flow rates for the 2-, 10-, and 25-year storms. As is required by New Hanover County, the post -development peak flow rate is less than the post -development peak flow rate for the site. Please note that the infiltration rate for each basin has not been included in the peak flow rate because this water is not discharaed from the site. 2-year cfs 10-year cfs 25-year cfs 100-year Elev. ft Total Pre -development 3.48 12.70 19.89 N/A Basin A 0.00 3.85 8.65 24.51 Basin B 0.00 3.05 7.80 24.47 Total Post -development 0.00 6.85 15.94 N/A Table 3 - Peak Flow Rates Conclusions Based on the results of this Stormwater Impact Analysis, the requirements of Section 15A NCAC 02H .1003 of the North Carolina Administrative Code as it pertains to the stormwater requirements for coastal counties have been met for the proposed project. Runoff from all new impervious area has been captured and treated in one of two proposed infiltration beds. The requirements of the New Hanover County Stormwater Design Manual have also been met in that the post -development peak flow rates for the 2-, 10-, and 25-years storms have been held below pre -development levels. Scotts Hill quadrangle M=-9.089 Projection is UTM Zone 18 NAD83 Datum G=-1.568 x X, . .. ......... z1 ... .... . .. j", o-1 ----------- -.in M Mlb .09 0vb8T .80a 4 77 7� --i C) --i M ozox 11 11 V U) co 0) r— --I > Z M 0 Z > T'.) Z CD > Er G) M 'j de M > > M -3 M > > EXISTING DRAIN AREA MAP 02005: MI documents and .1c.lati.ma Including ch-pub" Idea, 128 E. FARGM STREEFT draydngs, and specification Prepared by Stanyort EmIlreering, Inc. are Instru f wokssional �oryice Intended for SLJ� 3M Project NO: C6005 Ref No: ond-time upie. meeo,y!a0m �Wdct to copyright and other property K�TGH, NC 27601 PORTER'S POINTE night p. and nshall remain the property Mly,al 1,11rearing, In 919.719.1M SUBDIVISION Scale: 1"=120' Date: 5-16-06 Inc, They am ol to be copied, modifted, or changed In any F 919.719.1049 manner wha Uadver nor assigned to a hard part, Mthoput prior ..ebeenn-eng... DMWV No. written permisslon of Stewart Eingireorfing, Inc. CS DMM By: DMB STEWART HARNETT TOWNSHIP, NEW HAVOVER COUNTY Checked By: S EX-1 CCS11 STEWART Infiltration Basin Sizing Basin A Project Porters Pointe Project No. C6005 Date 16-May-06 Storage Reauired for first one and one-half inches over entire drainaee area Drainage Area Required Storage for 1 st 1.5-inch of runoff Total Drainage Area = 10.28 ac Simple Method Total Impervious Area = 4.96 ac Percent Impervious = 48% Rv = 0.05 + 0.009(I) I = % impervious = 48% Rv = 0.73 in Volume= 27105 cf Calculation Methods are taken from DEHNR Stormwater Best Management Practices Manual, November 1995 Storage Volume Required = 27105 cu ft Contour (ft) Area (112) Incr Vol (ft3) Accum Vol (ft3) Stage Z (ft) In S In Z Zest 18 7454 0 0 0 19 8254 7854 7854 l 8.9687782 0 1.082113929 20 9082 8668 16522 2 9.7124481 0.6931472 2.021518848 21 9938 9510 26032 3 10.167082 1.0986123 2.962087572 22 10821 10380 36412 4 10.50264 1 1.3862944 13.927000426 23 11729 11275 47887 5 10.770 04 L6094373 4.926200752 24 12663 12196 59883 6 IL00014 17917595 5.96520139 25 13622 13143 1 73025 1 7 1 11.198557 1.9459101 17.047551454 Ks = 7150 b = 1.19 Storage Volume Provided @ Elev. 24.00 = 60298 cu ft Drawdown Time Infiltration Rate = 9 inthr Depth of Storage = 72 in Drawdown Time = 8.00 hr CCS STEWART Infiltration Basin Sizing Basin B Project Porter's Pointe Project No. C6005 Date 16-May-06 Storage Required for first one and one-half inches over entire drainage area Drainage Area Required Storage for I st 1.5-inch of runoff Total Drainage Area = 10.71 ac Simple Method Total Impervious Area = 4.73 ac Percent Impervious = 44% Rv = 0.05 + 0.009(1) I = % impervious = 44% Rv = 0.67 in Volume= 26095 cf Calculation Methods are taken from DEHNR Stormwater Best Management Practices Manual, November 1995 Storage Volume Required = 26095 cu ft Contour (ft) Area (ft2) Incr Vol (fi3) Aecum Vol (ft3) Stage Z (ft) In S In Z Zest 18 7389 0 0 0 19 8383 7886 7886 1 8.9728 0.0000 1.0943 20 9497 8940 16826 2 9.7307 0.6931 2.0164 21 10777 10137 26963 3 10.2022 1.0986 2.9493 22 11452 11115 38078 4 10.5474 1.3863 3.8959 23 12835 12144 50221 5 10.8242 1.6094 4.8703 24 14288 13562 63783 6 11.0632 1.7918 5.9058 25 15801 15045 78827 7 11.2750 1.9459 7.0057 Ks = 7052 b = 1.24 Storage Volume Provided @ Elev. 24.00 = 65046 cu ft Drawdown Time Infiltration Rate = 8.8 in/hr Depth of Storage = 72 in Drawdown Time = 8.18 hr iydrograph Return Period Recap Hyd. Hydrograph Inflow Peak Outflow (cfs) Hydrograph No. type Hyd(s) description (origin) 1-Yr 2-Yr 3-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr 1 SCS Runoff 3.48 12.70 19.89 -- 33.20 Pre -development -Total Site 2 SCS Runoff 14.15 25.76 32.70 ---- 43.82 Drainage Area A 3 SCS Runoff 14.74 -- 26.84 34.06 ----- 45.65 Drainage Area B 4 Reservoir 2 2.11 385 8.65 -- 31.35 Basin A Routing 5 Reservoir 3 2.25 3.05 7.80 ---- 28.68 Basin B Routing 6 Combine 4,5 4.37 -- 6.85 15.94 60.03 Total Post -development Proj. file: C6005.gpw I Tuesday, May 16 2006, 2:38 PM iydrograph Summary Report Hyd. No. Hydrograph type (origin) Peak flow We) Time Interval (min) Time to peak (min) Volume (cuft) Inflow hyd(s) Maximum elevation (ft) Maximum storage (cult) Hydrograph description 1 SCS Runoff 3.48 2 182 33,746 — Pre -development -Total Site 2 SCS Runoff 14.15 2 144 56,635 — Drainage Area A 3 SCS Runoff 14.74 2 144 59,004 — -- Drainage Area B 4 Reservoir 2.11 2 290 56,630 2 21.24 28,504 Basin A Routing 5 Reservoir 2.25 2 282 58,999 3 21.22 29,435 Basin B Routing 6 Combine 4.37 2 284 115,629 4,5 Total Post -development C6005.gpw Return Period: 2 Year Tuesday, May 16 2006, 2:39 PM iydrograph Summary Report Hyd. No. Hydrograph type (origin) Peak flow (cfs) Time Interval (min) Time to peak (min) Volume (cult) Inflow hyd(s) Maximum elevation (ft) Maximum storage (cuft) Hydrograph description 1 SCS Runoff 12.70 2 170 90,191 -- ---- -- Pre -development -Total Site 2 SCS Runoff 25.76 2 144 102,104 — -- -- Drainage Area A 3 SCS Runoff 26.84 2 144 106,375 — -- Drainage Area B 4 Reservoir 385 2 264 102,100 2 24.05 60,512 Basin A Routing 5 Reservoir 3.05 2 348 106,370 3 23.95 64,780 Basin B Routing 6 Combine 6.85 2 264 208,470 4,5 -- -- Total Post -development C6005.gpw Return Period: 10 Year Tuesday, May 16 2006, 2:39 PM iydrograph Summary Report Hyd. No. Hydrograph type (origin) Peak flow (cfs) Time Interval (min) Time to peak (min) Volume (cult) Inflow hyd(s) Maximum elevation (ft) Maximum storage (cuft) Hydrograph description 1 SCS Runoff 19.89 2 168 130,174 — -- Pre -development -Total Site 2 SCS Runoff 32.70 2 144 129,864 — -- Drainage Area A 3 SCS Runoff 34.06 2 144 135,296 -- -- -- Drainage Area B 4 Reservoir 8.65 2 178 129,860 2 24.18 62,192 Basin A Routing 5 Reservoir 7.80 2 188 135,292 3 24.15 67,870 Basin B Routing 6 Combine 15.94 2 184 265,151 4,5 Total Post -development C6005.gpw Return Period: 25 Year Tuesday, May 16 2006, 2:39 PM iydrograph Summary Report Hyd. No. H(igroph type (origin) Peak flow (cfs) Time Interval (min) Time to peak (min) Volume (cult) Inflow hyd(s) Maximum elevation (ft) Maximum storage (cuft) Hydrograph description 1 SCS Runoff 33.20 2 166 201,473 -- --- -- Pre -development -Total Site 2 SCS Runoff 43.82 2 144 175,269 — Drainage Area A 3 SCS Runoff 45.65 2 144 182,600 -- --- --- Drainage Area B 4 Reservoir 31.35 2 154 175,264 2 24.51 66,540 Basin A Routing 5 Reservoir 28.68 2 154 182,595 3 24.47 72,930 Basin B Routing 6 Combine 60.03 2 154 357,859 4,5 Total Post -development C6005.gpw Return Period: 100 Year =uesday,May 16 2006, 2:39 PM CCS1, STEWART Level Spreader Sizing Project: Porter's Pointe Project No.: C6005 Date: 26-Jun-06 Per NCDENR DWQ - Level Spreader Design Options Version 1.0 - Per length of level spreader shall be equal to 13 If of level spreader for each cfs of flow in the 10-yr storm. Basin A Bypass Pipe 10-yr Peak Flow = 3.85 cfs Level Spreader Length = 50.05 If Use = 51 If Basin B Bypass Pipe 10-yr Peak Flow = 3.05 cfs Level Spreader Length = 39.65 If Use = 40 If OPERATING AGREEMENT OF PORTER'S POINTE, LLC THIS OPERATING AGREEMENT PORTER'S POINTE (this "Agreement"), dated as of March / , 2006, is made by and between PORTER'S POINTE, LLC, a North Carolina limited liability company (the "Company"), and AHG INVESTMENTS, LLC, a limited liability company formed and existing under the laws of the State of North Carolina (the "Member"), as the sole member of the Company. Statement of Purpose The Company was formed on February 13, 2006, pursuant to the North Carolina Limited Liability Company Act, to conduct the activities hereinafter described. In connection with the Member's acquisition of all the membership interests of the Company, the Member desires to amend and restate the Original Agreement pursuant to the terms set forth herein. NOW, THEREFORE, for One Dollar (S 1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual promises contained herein, the parties hereto agree as follows: ARTICLE I DEFINITIONS As used herein, the following terms shall have the indicated definitions. "Act" means the North Carolina Limited Liability Company Act as set forth at N.C. Gen. Star. §57C-1-01 through §57C-10-07, as may be amended from time to time. "Agreement" means this Operating Agreement, as may be amended from time to time. "Articles" means the Articles of Organization of the Company as filed with the Secretary of State of North Carolina, as the same may be amended or restated from time to time. "Capital Contribution" means the contribution by the Member to the capital of the Company. "Code" means the hrternal Revenue Code of 1986, as amended, and any successor provision. "Company" has the meaning set forth in the preamble to this Agreement. "Manager" or "Managers" means such person(s) designated in Section 6.1 hereof. Ifthere is only one Manager, such term shall apply to such Manager. "Member" has the meaning set forth in the preamble to this Agreement, or any successor in interest or assign. cnzvso.1 "Membership Interest" means the ownership interest of the Member in the Company, including any and all rights, powers, benefits, duties or obligations conferred or imposed on the Member under the Act or this Agreement. "Net Profits" and "Net Losses" of the Company mean the taxable income and net losses, respectively, of the Company, determined in accordance with the Code and applicable Regulations; provided, however, the Member acknowledges that as a single member limited liability company, the Company's existence, for tax purposes, shall be ignored. In the event that the determination of Net Profits and Net Losses must be determined in some manner other than as set forth in this definition by virtue of the method of accounting employed by the Member, then Net Profits and Net Losses shall be determined accordingly. "Property" means any real or personal property, tangible or intangible, acquired by the Company from time to time in accordance with this Agreement. "Regulations" means the regulations (including temporary regulations) ofthe United States Treasury Department pertaining to the income tax, as amended, and any successor provision. ARTICLE II NAME AND PLACE OF BUSINESS The name of the Company is Porter's Pointe, LLC. The registered agent of the Company and the registered office of the Company shall be as set forth in the Articles, or such other agent or place as may hereafter be designated by the Manager from time to time as provided by law. The Company's principal office shall be at such place as the Manager may designate from time to time, and the Company shall maintain records there as required by the Act (and shall keep the street address of such principal office at the Company's registered office). ARTICLE III BUSINESS, PURPOSES, AND TERM OF COMPANY Section 3.1 Purposes. Unless otherwise limited by the Company's Articles, the business and purposes of the Company shall be to engage in any lawful business. Subject to the terms of this Agreement, the Company shall have all powers of the limited liability company, including without limitation, those set forth in Section 57C-2-02 of the North Carolina General Statutes. Section 3.2 Term of Company. The term of the Company commenced on the date the Articles were filed with the Secretary of State of North Carolina in accordance with the provisions of the Act and shall continue until terminated as provided in Article VII of this Agreement. Section 3.3 Status of the Company. The Member acknowledges that, although the Company will be a "limited liability company" under North Carolina law, for federal and state income tax purposes (under applicable provisions of the Code and the Regulations), as long as the Member is the sole Member of the Company, its existence will be ignored and it will not be treated as a separate tax entity. Such treatment refers solely to the federal and state income tax treatment of C772990.1 the Company, and not to the state law status of the Company as a limited liability company. The Member shall not be personally obligated to any third party for any debt, obligation or liability ofthe Company solely by reason of being a member of the Company. ARTICLE IV CAPITAL CONTRIBUTIONS AND MEMBERSHIP Section 4.1 Capital Contribution by the Member. The Member has contributed its Capital Contribution to the Company. The Member shall have no duty to make additional contributions to the Company but additional contributions may be made from time to time as the Member shall determine. The Manager shall cause the Capital Contribution to be recorded on the books and records of the Company. Section 4.2 Fiduciary Duties. The Member shall have no fiduciary duties to the Company. In particular (but without limitation), the Member shall have no duty: (a) not to compete with the Company; (b) to disclose business opportunities to the Company; (c) to avoid self -interested transactions with the Company; or (d) to avoid improper personal benefit in respect of the Company. ARTICLE V ALLOCATION OF NET PROFITS AND NET LOSSES; DISTRIBUTIONS Section 5.1 Allocation of Net Profits and Net Losses. The Net Profits and Net Losses of the Company shall be allocated exclusively to the Member. Section 5.2 Distributions. Distributions of Company profits and other assets shall be made exclusively to the Member when and as determined by the Member; provided, however, that the Company shall make no distributions to the extent that, immediately after the distribution, the Company's liabilities would exceed the fair market value of its assets. ARTICLE VI MANAGEMENT OF THE COMPANY Section 6.1 General Authority and Powers of Manager. (a) The Member acknowledges that under the applicable provisions of the Act, the Company may be either "member -managed" or "manager -managed." The Member desires that the Company be "manager -managed" under such provisions. Accordingly, management of the affairs of the Company shall be vested in the Manager, and the Member by virtue of its status as such shall not be the Manager of the Company. (b) The Company shall have one (1) Manager. The Member (or, in the event of the Member's dissolution, the Member's successor) in its sole discretion may, without liability, appoint or remove any Manager any time with our without cause. C772990 1 (c) The initial Manager of the Company shall be Stratas Management Company, a North Carolina corporation. Section 6.2 Specific Authority of Manager. In addition to the powers given to the Manager by law, the Manager, subject to the terms, provisions and restrictions of this Agreement, is hereby authorized: (a) to expend the Company's capital and income in furtherance of or relating to the Company's business and purposes; (b) to execute any deed, lease, deed of trust, mortgage, promissory note, bill of sale, assignment, contract or other instrument purporting to convey or encumber the real or personal property of the Company; or (c) to merge the Company into or with another entity or sell, exchange, convey or otherwise dispose of all or substantially all of the assets of the Company; (d) to employ or retain from time to time, on such terms and for such compensation as the Manager may determine, such persons, firms or corporations as the Manager may deem advisable, including without limitation attorneys, accountants, bookkeepers, financial and technical consultants, supervisory managing agents, insurance brokers, real estate brokers, loan brokers, professional land planners, architects, leasing agents, management companies, and contractors who may also provide such services to the Manager and persons, firms or corporations in which the Manager or the Member may have an interest; (e) to adjust, compromise, settle or refer to arbitration any claim against or in favor of the Company, and to institute, prosecute and defend any actions or proceedings relating to the Company, its business and property; (f) to acquire and enter into any contract of insurance that the Manager deems necessary or appropriate for the protection of the Company, for the conservation of Company assets or for any purpose convenient or beneficial to the Company; (g) to prepare or cause to be prepared reports, statements and other relevant information for distribution to the Member, including annual reports; (h) to open accounts and deposit and maintain funds in the name of the Company; provided, however, that the Company's funds shall not be commingled with the funds of any other person; (i) to make all decisions related to principles and methods of accounting and federal income-tax elections; 0) generally to possess and exercise any and all of the rights, powers and privileges of Managers under the laws of the State of North Carolina; and C772990.1 (k) to execute, acknowledge and deliver any and all documents or instruments in connection with any or all of the foregoing, and to take any such other action as authorized by the Member in writing. Section 6.3 Restrictions on Authority of Manager. Without the written consent of the Member, the Manager shall not have the authority to: (a) do any act in contravention of this Agreement; or (b) amend this Agreement; Section 6.4 Authentication by Manager. This Agreement and records of the actions of the Member or Manager maybe authenticated by any Manager of the Company. Any person dealing with the Company may rely conclusively upon the certificate or written statement of the manager authenticating this Agreement and records except to the extent the person has actual knowledge that the certificate or written statement is false. Section 6.5 Term of Service of Manager. The term of service of the Manager shall commence upon the date the Manager begins performing the duties and responsibilities of the Manager and shall terminate on the earlier of. - (a) The date on which the Member removes the Manager as manager; or (b) The date on which the Manager resigns as manager. Section6.6 Manager Resignation. The Manager may resign as manager of the Company at any time for any reason. Section 6.7 Manager Compensation. The Manager may be compensated by the Company for the Manager's services as manager under this Agreement as the Member may determine from time to time in the Member's sole discretion. Section 6.8 Time Devoted by Manager. The Manager shall devote to the Company such time as the Manager deems necessary for the proper performance of the Manager's duties hereunder, but the Manager shall not be expected to devote the Manager's full time to such duties. Section 6.9 Delegation by Manager. The Manager may at any time employ any other persons, including persons and entities employed by, affiliated with or related to the Manager or the Member, to perform services for the Company and its business, and may delegate all or part of the Manager's authority or control to any such other persons, except that such employment or delegation shall not relieve the Manager of the Manager's responsibilities and obligations under this Agreement or under the laws of the State of North Carolina. Section 6.10 Limitation on Liability of Managers. No Manager shall be liable for any action taken as a Manager, or any failure to take any action, if the Manager performs the duties of the Manager's office in compliance with Section 57C-3-22 of the Act. C772990.I Section 6.11 Consent by Member. By the execution hereof, the Member expressly consents to the exercise by the Manager of the rights, powers and authority conferred on the Manager by this Agreement. Where this Agreement shall be in conflict with the Act, where permitted, this Agreement shall be deemed to control. Section 6.12 Maintenance of Company Status. (a) The Manager shall at all times use good faith reasonable efforts to cause the Company to comply with such conditions as maybe required from time to time to permit the Company to be classified, for federal income-tax purposes, as a partnership and not as an association taxable as a corporation, and the Manager shall take any reasonable action necessary to cause such compliance, so long as such action is, in his or her judgment, in the best interest of the Company and the Member. (b) The Manager shall take all action that shall be necessaryor appropriate for the continuation of the Company's valid existence as a limited liability company under the laws of the State of North Carolina. Section 6.13 Tax Returns. Whenever necessary, the Manager shall prepare or cause to be prepared and shall file on or before the due date (or any extension thereof) any federal, state or local tax returns required to be filed by the Company. The Manager shall cause the Company to pay any taxes payable by the Company. Section 6.14 Conflicts of Interest. The Manager may employ, on behalf of the Company, such persons, firms or corporations as the Manager, in the Manager's sole judgment, shall deem advisable for the conduct of the business of the Company on such reasonable terms and for such reasonable compensation as the Manager, in the Manager's sole judgment, shall determine. Any such person or entity also may be employed or retained by the Manager in connection with other of its business ventures. The fact that the Manager or a person related to the Manager or an affiliate of the Manager is directly or indirectly interested in or connected with a person or entity employed by the Company or from whom the Company may buy services, merchandise, supplies or other property shall not prohibit the Manager from employing such person or entity or from dealing with him or it on behalf of the Company, provided that such arrangements must be as favorable as those otherwise available to the Company. ARTICLE VII DISSOLUTION Section 7.1 Dissolution of the Company. The Company shall be dissolved, and shall terminate and wind up its affairs, upon the first to occur of the following: (a) the determination by the Member to dissolve the Company; (b) the entry of a decree of judicial dissolution, as provided in Section 57C-6-02.3 of the Act; or C772990.1 (c) an administrative dissolution under Section 57C-6-03(b) of the Act. Section 7.2 Winding Up and Distribution of Assets. (a) If the Company is dissolved, the Manager shall wind up the affairs of the Company. Upon the winding up of the Company, subject to the provision of the Act, the Manager shall pay or make reasonable provision to pay all claims and obligations of the Company, including all costs and expenses of the liquidation and all contingent, conditional or unmatured claims and obligations that are known to the Manager but for which the identity of the claimant is unknown. If there are sufficient assets, such claims and obligations shall be paid in full and any such provision shall be made in full. (b) Upon any such dissolution of the Company, the net assets, if any, of the Company available for distribution, and any cash proceeds from the liquidation of any such assets, shall be applied and distributed in the following order, to the extent available: (i) First, to the Company's creditors, including the Member as creditor (to the extent permitted by law), in satisfaction of liabilities of the Company; and (ii) Thereafter, to the Member. ARTICLE VIII MISCELLANEOUS Section 8.1 Governing Law And Jurisdiction. This Agreement, including its existence, validity, construction and operating effect, and the rights of the Member under the Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to principles of conflicts of laws). Section 8.2 Indemnification and Liability. (a) To the maximum extent permitted by applicable law, the Manager shall not be liable to the Company or any other third party (i) for mistakes of judgment, (ii) for any act or omission suffered or taken by it or (iii) for losses due to any such mistakes, action or inaction. (b) Except as may be restricted by applicable law, the Manager shall not be liable for, and the Company shall indemnify the Manager against and agrees to hold the Manager harmless from, all liabilities and claims (including reasonable attorney's fees and expenses incurred in defending against such liabilities and claims) against the Manager, arising from the Manager's performance of its duties in conformance with the terms of this Agreement. (c) The Manager may consult with legal counsel or accountants selected by the Manager and, to the maximum extent permitted by applicable law, any action or omission suffered or taken in good faith in reliance and in accordance with the written opinion or advice of any such counsel or accountants (provided such counsel or accountants have been C7729W I selected with reasonable care) shall be fully protected andjustified with respect to the action or omission so suffered or taken. (d) The Company shall advance litigation expenses to the Manager for any claim against the Manager or in the Manager's capacity as Manager. No such indemnification shall be deemed to be a distribution for purpose of bankruptcy or creditors' remedies law. Section 8.3 Amendments. This Agreement may only be amended, modified or supplemented in a writing executed by the Member. No other written or oral agreement, understanding, instrument or writing other than this agreement or any amendment hereto shall constitute part of the operating agreement of the Company. Section 8.4 Binding Effect. The terms, conditions and provisions of this Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors, distributees, legal representatives and permitted assigns. Provided, however, 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 the Member or any other person whatsoever, other than the Member 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 Member and the Company. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above written. COMPANY: PORTER'S POINTE, LLC By: STRATAS M),NAGWVXWQ0MPANY B/ MEMBER: AH By: President By: 4y,-� A-V� Caroline Stratas, Member/Manager L772990 1 ASSIGNMENT AND RESIGNATION J. Dickson McLean, as Organizer of Porter's Pointe, LLC, a North Carolina limited liability company (the "Company"), hereby assigns his interest in the Company to AHG Investments, LLC, a North Carolina limited liability company, and J. Dickson McLean resigns as Organizer of the Company. This assignment and resignation shall not constitute an act of withdrawal as provided in N.C.G.S. Chapter 57C. Dated as of March _, 2006. C773010 J. Dickson McLean C200604000476 SOSID: 827685 Date Filed: 2/13/200612:12:00 PM Elaine F. Marshall North Carolina Secretary of State C200604000476 State of North Carolina 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. The name of the limited liability company is: Porter's Pointe, LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the duration of the limited liability company.) 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both). J. Dickson McLean, Organizer 127 Grace Street Wilmington, North Carolina 28401 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 2609 Mimosa Place City, State, Zip Code Wilmington. NC 28403 County New Hanover 5. The mailing address ljdij)'erent from the street address of the initial registered office is: 6. The name of the initial registered agent is: Bvron A. Strings 7. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. X (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3- 20(a), the members of this limited liability company shall not be managers by virtue of their status as members. i .. C200604000476 These articles will be effective upon filing. This is the 8th day of February, 2006. J. ickson McLean, Organizer [Fwd: Re- Oorter's Point - Restrictive Covenants] Subject: [Fwd: Re: Porter's Point - Restrictive Covenants] From: Robert Gordon <Robert.Gordon@ncmail.net> Date: Mon, 30 Jan 2006 15:42:58 -0500 To: Craig Wilson <cwilson@stewart-eng.com> Subject: Re: Porter's Point - Restrictive Covenants From: Robert Gordon <Robert.Gordon@ncmail.net> Date: Wed, 18 Jan 2006 08:05:11 -0500 To: Craig Wilson <cwilson@stewart-eng.com>, David Boyette <dboyette@stewart-eng.com> Craig/David: Here are the sample deed restrictions per your request. Sorry for the delay. Let me know if you have any questions. Rob Gordon Express Stormwater Permitting (910)796-7303 Craig Wilson wrote: Good morning Robert, Thanks again for your time last Wednesday in meeting with Dave Boyette and me to discuss several of our projects. We plan to submit Porter's Point on Jan. 27 for Express Review (storm water only). During our meeting, you mentioned deed restrictions. The Owner has not completed these yet, so I wanted to ask if you could send me a copy of your Restrictive Covenants that we can have the owner sign and notarize. Any assistance you could provide with this would be appreciated. Thank you. **Craig M. Wilson, PE** Civil Project Manager **STEWART** 260 Town Hall Drive, Suite C Morrisville, NC 27560 T 919-380-8750 x134 F 919-380-8752 Engineering, Innovation, Solutions. Content -Type: application/msword NOTARYDEEDREST-LDSD.doc Content -Encoding: base64 I of 2 5/24/2006 3:47 PM [Fwd: Re:" rrter's Point - Restrictive Covenants] Re: Porter's Point -Restrictive CovenantsContent-Type: message/rfc822; Content -Encoding: 8bit ------------------------------------------------ ----- --- - --- ---- -- Content -Type: app]ication/mmord NOTARYDEEDREST-HDSD.doc Content -Encoding: base64 F 2 of 2 5/24/2006 3:47 PM RE: Porter's Pointe revisions t\� Subject: RE: Porter's Pointe revisions From: "David Boyette" <dboyette@stewart-eng.com> Date: Wed, 20 Sep 2006 16:40:46 -0400 To: "Linda Lewis" <1inda.1ewis@ncmaiLnet> CC: "Stephen "fhomas" <sthomas a stewart-eng.com> Linda, Thank you for the information. - Dave David M Boyette, EI Project Engineer Intern STEWART 919-719-1045 ext 204 -----Original Message ----- From: Linda Lewis 5nailto:1inda.lewis@ncmail.net1 Sent: Wednesday, September 20, 2006 4:39 PM To: David Boyette Subject: Re: Porter's Pointe revisions David: unfortunately, this type of modification will require that the permit be rewritten, so a full-blown permit modification is required. The modification would include a new drainage area delineation map, a revised application, including the columns on page 2, revised sealed desing calculations to support your conclusion that each basin meets the design criteria (essentially, the same calculations as you did for the original permit, but substituting the new DA and BUA numbers), and a $420.00 application fee. Linda David Boyette wrote: Linda, Steve Thomas forwarded me your email in response to the revisions to the for the Porter's Pointe project. If you will recall, this project has two proposed above -grade infiltration basins that capture the runoff from the first 1.5" of rainfall. Revisions were made to the storm drainage network at the request of NCDOT which caused a shift in drainage area from one basin to the other. The table below summarizes these changes. Please note that there is no increase in built upon area for the project, only a change in the split between the two basins. Each basin is considerable oversized per State regulations due to the fact that these basins are also used to meet peak flow requirements for New Hanover County. Due to this fact, Basin A has more than enough capacity to capture runoff from the additional drainage area. Therefore, no change (surface area, volume, configuration, outlet structure, etc.) is proposed for either basin. I hope this lends some clarification. Please let me know if you have any I of 4 9/20/2006 4:42 PM Porter's Pointe revisions `\v Subject: Porter's Pointe revisions From: "David Boyette" <dboyette@stewart-eng.com> Date: Wed, 20 Sep 2006 11:31:34 -0400 To: <Linda.Lewis@ncmail.net> CC: "Stephen Thomas" <sthomas@stewart-eng.com> Linda, Steve Thomas forwarded me your email in response to the revisions to the for the Porter's Pointe project. If you will recall, this project has two proposed above -grade infiltration basins that capture the runoff from the first 1.5" of rainfall. Revisions were made to the storm drainage network at the request of NCDOT which caused a shift in drainage area from one basin to the other. The table below summarizes these changes. Please note that there is no increase in built upon area for the project, only a change in the split between the two basins. Each basin is considerable oversized per State regulations due to the fact that these basins are also used to meet peak flow requirements for New Hanover County. Due to this fact, Basin A has more than enough capacity to capture runoff from the additional drainage area. Therefore, no change (surface area, volume, configuration, outlet structure, etc.) is proposed for either basin. I hope this lends some clarification. Please let me know if you have any questions or if any further action is required on our part. Initial Desiqn Basin A Basin B Total Drainage Area 10.28 ac 10.71 ac Impervious Area 4.73 ac 4.96 ac Required Storage 127,105 cf 26 095 cf Stora e Provided 160,298 cf 165,046 cf Revised Design Basin A Basin B Total Drainage Area 12.56 ac 8.38 ac Impervious Area 5.48 ac 4.22 ac Required Storage 130,274 cf 122,962 cf Stora e Provided 160,298 cf 65 046 cf Thank you, Dave Boyette David M Boyette, EI Project Engineer Intern STEWART 128 E. Hargett Street, Suite 300 Raleigh, NC 27601 T 919-719-1045 ext. 204 F 919-719-1049 Engineering. Innovation. Solutions. I of 1 9/20/2006 4:07 PM MCDENk g-.3 0 North Carolina Department of Environment and Natural Resources 127 Cardinal Drive, Wilmington NC 28405 (910) 796-7307 FAX (910) 350-2004� d Request for Express Permit Review �2JICL) I�t� � J �o *A �� -IN all information below and CHECK required Permit(s). FAX or email to Cameron. Weaver@ncmail.net along with a narrative and vicinity map of the project location. Projects must be submitted by 9.W A.M. of the review date, unleiis prior arrangements are made. APPLICANT Name: Brian C. Eckel - Partner Company: Cape Fear Commercial Address: 1111 Military Cutoff Road - Suito 151 City/State: Wilm ington, NC County: New Hanover Phone: 910-332-4114 Fax: 910-332-4145 Email: Bdan@cal)efearcommercial.com PROJECT Name: Porter's Point Subdivision PROJECT SYSTEM(S) TRIBUTARY TO Page's Creek (STREAM NAME) Cape Foar RIVER BASIN ENGINEER/CONSULTANT Company: Stewart Engineering Inc (Attu: Craig Wilson, PE) Address: 260 Town Hall Or - Ste C City/State: Morrisville, NC Zip: 27560 County: Wake Phone : 919-380-8750 x 134 Fax: 919-380-8572 Email: cwilson@stewart-eng.com State or National Environmental Policy Act (SEPA, NEPA) - EA or EIS Requir:d ❑ Yes ❑ No ❑ STREAM ORIGIN Determination; _# of stream calls; Stream N ® ----------- ----------------------- 9 Density -Other - --------------------------- STORMWATER ❑ Low Density ❑ High Density -Detention Pond ElHi h Densi Other Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter ® Fligh Density -Infiltration ❑ Off Site --- -------------------------------------------------- - ------------•----••-- COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® LAND QUALITY ® Erosion and Sedimentation Control Plan with 24 +/: acres to be disturbed. - ----------------- ---------- ------------ ------- ---- — — ------ — WETLANDS (401) Wetlands on Property ® Yes ❑ No Isolated Wetlands on Property ER yes ❑ No Check all that apply Wetlands Will Be Impacted ❑ Yes ® No Wetland Impacts; Acre(s) Wetlands Delineation has been completed ® Yes ❑ No ❑ Buffers Impacted: Acre(s) USA COE Approval of Delineation completed ® Yes [ ] No 404 Application in process w/USACOE ❑Yes []No / Permit received from USACE ❑Yes ❑No 401 Application required ❑Yes ❑ No If Yes, ❑ Re(lular ❑ Express ---------- --------------------------- --- --- -- -- - --- -- Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the pemlit applications. For DENR use only SUBMITTAL DATES: Fee Split for multiple permits: SW $ CAMA $ LOS $ 401 $ Total Fee Amount $ z•d 0SL808E616 ouI 9u1Jaau19u3 z­IemalS d26:50 SO 02 0a0 CSi 5. STEWART PROJECT SUMMARY PORTER'S POINT SUBDIVISION HARNETT TOWNSHIP NEW HANOVER COUNTY - NORTH CAROLII,A This project involves the development of approximately 24 acres located along the south side of Porter's Neck Road in Harnett Township of New Hanover County. The development will create approximately sixty-one (61) subdivided lots for single- family housing. An amenities center will almo be constructed to include a clubhouse, pool and associated parking. The property is currently zoned R-15 which is adequate for the proposed use and density. A wastewater collection system wl I be designed to ultimately connect to the New Hanover County Sanitary Sewer System existing along Porter's Neck Road. Domestic water will be supplied by connecti lg to the New Hanover County system existing along Porter's Neck Road near Blue Point Subdivision. There exist several areas of identified wetlands on the project site. The survey and classification of these wetlands with the Army Corps of Engineers has been performed. There are no proposed impacts to these wetland areas. The site is located within one-half (1/2) mile of an un-named tributary of Page's Creek, which is currently classified as SA:H(IW by NCDENR. As a result, storm water measures will require permitting through NCDENR, Division of Water Quality. Storm water management will be addressed through the use of grass roadway shoulders and ditches draining into three on site infiltration basins VICINITY MAP ENGINEERING. INNOVATION, SOLUTIONS.- =6070wn«nu Oa n0RRISMLE.NC r9193808150 E'd 29LI3086616 ouI 2u1.Jaau19u3 '4.Jemag6 dzE=SO SO 02 oaQ