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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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;
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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.-
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n0RRISMLE.NC
r9193808150
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