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HomeMy WebLinkAboutSW8070664_HISTORICAL FILE_20070911STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 ()D O l9 b 4 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE I) q l l YYYYMMDD r r bF WA7F9 ' O��Or % y O Y September 11, 2007 Rick Rogge, Manager Island Palms, LLC P.O. Box 306 Carolina Beach, INC 28428 Subject: Stormwater Permit No. SW8 070664 Island Palms High Density Subdivision Project New Hanover County Dear Mr. Rogge: Michael F_ Easley, Governor William G. Ross It., Secretary North Carolina Department of Environment and Natural Resources Coleco H. Sullins Director Division of Water Quality The Wilmington Regional Office received a complete Stormwater Management Permit Application for Island Plams on August 20, 2007. 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 070664. dated September 11, 2007, for the construction of the project, Island Palms. This permit shall be effective from the date of issuance until September 11, 2017, 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 sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E 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 Christine Nelson, or me at (910) 796-7215, Sinc ely, 604-�_ Edward Beck Regional Supervisor Surface Water Protection Section ENB/can: S:\WQS\STORMWATER\PERMIT\070664.sep07 cc: Jeff Malpass, Malpass Engineering, P.C. New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering Christine Nelson Wilmington Regional Office Central Files Non rthCarolina Aalura!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: eww.ncwaterguality.ore Fax (910)350-2004 1-877-623-6748 An Equal OpportunitylAhirmative Action Employer— 50% Recycled110 % Post Consumer Paper State Stormwater Management Systems Permit No. SW8 070664 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Rick Rogge, Manager & Island Palms, LLC Island Palms 512 N. 7th St., Carolina Beach, New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .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 September 11, 2017 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 1.5 on page 3 of this permit. The subdivision is permitted for 15 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 9 State Stormwater Management Systems Permit No. SW8 070664 5. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area acres: Onsite, fty: Offsite, ftZ: b. Total Impervious Surfaces, ft2: Buildings, ftZ: Roads/Parking, ftZ: Other, ftZ: Offsite, ftZ: C. Pond Depth, feet: d. TSS removal efficiency: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP ft2: h. Permitted Storage Volume, ftj: i. Storage Elevation, FMSL: j. Controlling Orifice: k. Permanent Pool Volume, ft3 I. Forebay Volume, ft3: m. Maximum Fountain Horsepower: n. Receiving Stream / River Basin: Fear o. Stream Index Number: p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 3.03 131,795 0 60,044 42,216 15,132 2,696 0 8.5 (3.03 ft avg. depth) 90% 1" 22.0 7,345 47,394 at temporary pool 26.65 0.750 pipe 22,306 4,093 1/8 Carolina Beach Yacht Basin / Cape 18-87-31.2 "SB" 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. The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit. 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. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. 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. 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. Page 3 of 9 State Stormwater Management Systems Permit No. SW8 070664 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. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. 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. 11. 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. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. 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 re -vegetation 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. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 070664 14. 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. 15. This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 16. 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 070664, 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 listed in the following table. 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. Lot Maximum BUA (sq ft 1 2,548 2 2,623 3 2,937 4 2,747 5 2,681 6 2,952 7 2,814 8 2,729 9 3,243 10 2,868 11 2,757 12 2,699 13 2,724 14 2,723 15 3,171 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. Built -upon area in excess of the permitted amount will require a permit modification. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 070664 17. 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. 18. Prior to 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. 19. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away frorr the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/8 HP 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 completed "Name/Ownership Change Form" must be submitted to the Division of Water Quality, signed by the parties involved, along with the applicable documents as listed on page 2 of the form. 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. 3. 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. 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), which 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 re -issuance 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. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 070664 8. The permittee shall notify the Division in writing 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 the 11th day of September 2007. NORTKCAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 070664 Page 7 of 9 State Stormwater Management Systems Permit No. SW8 070664 Island Palms Page 1 of 2 Stormwater Permit No. SW8 070664 New Hanover County Designer's Certification 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 is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No. SW8 070664 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 New Hanover County Building Inspections Page 9 of 9 Date Received Fee Paid Permit Number B��Z 000 070 State of North Carolina Department of Environment and Natural Resources "'Division.of_ Wale r :,,;»q Quality � STORMWATER MANAGEMENT PERMIT APPLICATION FORM This foil may be, photocopied for use as an original y!�c t,Iis 4tS ti,y� V�=Ji I. GENERAL INFORMATION 1. Applicants name (specify the name of the'corporation,, individual, etc. who owns the project): SSIAna Uwr. LLG 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed in item 2 above: State: 1VC Zip: 28428 Telephone Number: 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Location of Project (street address): City: CWUna Bea(,4 6. Directions to project (from nearest major intersection): Travel a me 65 wJy s4 frets +fie lhkUec.+t'on W U5121 4C 132 en US 121 Turn Aft 0h Y. D, KI 6.5nJn,. Turn W+ .n iitwer Ave. + tmvd 0.2 O%Je3. Turn let+ Or, Tarbero Ave. d- irgval b ft�l Turn IeR' on N• 7' Si- '0 *avcl apfrox. 377^'• The s11C ;s locaA0 on At W+ ride OF N. 7* rr. 7. Latitude: 34 0 02 # 27" Longitude: 770 5y ' 04" of project 8. Contact person 1w1�ho can answer questions about the project: c}21'r Name: Upo Telephone Number: ( 910 1 39z-5293 II. PERMIT INFORMATION: 1. Specify whether project is (check one): V New Renewal Modification Form SWU-101 Version 3.99 Page I of 4 5 1 •. • � e 'l J. .. � . _.• � M. r ..1 � c r � •5 ' 2 . If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one):! - _Low Density ✓ High Density _Redevelop _General Permit _Other 4. Additional Project Requirements (check applicable blanks): _LAMA Major J Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECTINFORMATTON 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. 51'Bmwyi+w w;11 be ire44J in a Welyad, 2. Stormwater runoff from this project drains to the (gee Far River basin. 3. Total Project Area: 3.03 acres 5. How many drainage areas does the project have? 4. Project Built Upon Area:y356 % 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basm Information 1 _ , Draina e Area 1 " `qk. Dratna e A"' 2 r` Receiving Stream Name (aro� h y C Basih Receiving Stream Class Sg Drainage Area 131 7q5 sP Existing Impervious' Area — Proposed Impervious'Area 60 044 d, %Impervious* Area (total) 45.54 P. irrt ervtaus SurfacerArea� , �,,..m �, DramageFArea 1 � � 3� � 6 A3 ,�, ? �Dramage Area 2 ,� �-' On -site Buildings 2.14 s.�, On -site Streets 15 13 2 s. On -site Parking — On -site Sidewalks 696 si Other on -site — Off -site _ Total: 4 U 0 4 `I S,F. Total: Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? AVA IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stonnwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Imperious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 -7-I a -C � • VI, SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form J 81A • One copy of the applicable Supplement Form(s) for each BMP AM — • Permit application processing fee of $420 (payable to NCDENR) J 6� M J • Detailed narrative description of stormwater treatment/management A • Two copies of plans and specifications, including: J M - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): M4�Qt5 'neer;h P Mailing Address: 13 q Sti PverA &VJ City: 11W'Imltgye State: C Zip: 22412 Phone: ( q10 ) 392- 5243 Fax: ( qlo ) 392-5203 Vill. APPLICANT'S CERTIFICATION pp -` QQ� I, (print or type name of person listed in General Information, item 2) I A1)v gd_ye certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be reco ed, and that the proposed project complies with the requirements of 15A NCAC 2H Date: _:�-lo- 02 Form SWU-101 Version 3.99 Page 4 of 4 P, 01 TRANSACTION REPORT SEP-12-2007 WED 08:35 AM t FOR: NCDENR 9103502004 SEND DATE START RECEIVER TX TIME PAGES TYPE NOTE MO DP SEP-12 08:30 AM 93925203 51011, 20 FAX TX OK 586 TOTAL 5M 1S PAGES: 20 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 9/12/07 No. Of Pages: (excluding cover) 19 To: Jeff Malpass From: Miriam Hughes CO: Malpass Eng. CO: Express Permitting FAX #: 910-392-5203 FAX#: 910-350-2004 REMARKS:_ Island Palms. Hard copy to follow by mail 127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 Telephone (910) 796.7215 Fax (910) 350-2004 An Equal Opponunity Affirmative Action Employer State of North Carolina .J� Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 9/12/07 No. Of Pages: (excluding cover) 19 To: Jeff Malpass From: Miriam Hughes CO: Malpass Eng. CO: Express Permitting FAX #: 910-392-5203 FAX#: 910-350-2004 REMARKS: Island Palms. Hard copy to follow by mail. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 796-7215 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer August 20, 2007 To: Christine Nelson From: Justin Bishop, E.I. Malpass Engineering, P.C. Re: Island Palms (SW8 070664) Request for Additional Information 1. Tables are provided on sheet 1 of 6 on the plan and in the stormwater calculations. 2. A $500 check is to be provided by the developer, Rick Rogge (Phone: 910-352- 7425). The forebay and pond bottom were each lowered by 0.5 ft. 2 copies of the revised plan and 2 copies of the revised calculations are provided. Also, revised pages 1 & 3 of 4 of the basin supplement are provided. Please replace the respective supplement pages in the package you currently have with the supplement pages provided. Thanks. AUG 2 0 2007 STORMWATER CALCULATIONS ISLAND PALMS FOR: ISLAND PALMS, LLC. RICHARD ROGGE P.O. BOX 306 CAROLINA BEACH, NC 28428 PHONE: 910-352-7425 eeeeeee U�t�lll�;_ 1, SEAL 8010 Nu, IfAll AUGUST 16, 2007 PREPARED BY: MALPASS ENGINEERING, P.C. 1134 SHIPYARD BLVD. WILMINGTON, N.C. 28412 (910)392-5243 PHONE (910)392-5203 FAX Narrative Description: Travel approx. 6.5 miles south from the intersection of US-421 and NC-132 on US-421. Turn right on N. Dow Rd. and travel 0.5 miles. Turn left on Harper Ave. and travel 0.2 miles. Turn left on Tarboro Ave. and travel 0.1 miles. Turn left on N. 7`h St and travel approx. 377 8., the property is located on the east side of N. 7`h St. . Total disturbed acreage is approx. 3.03 acres. Soils to be disturbed are mainly Le, Ly, Rm The purpose of this project is to create a residential subdivision. Island Palms is a high -density project. Stormwater from the site will be treated in a wet pond. Erosion Control Measures: The attached plans and specifications state or show required Sediment and Erosion Control measures to be taken. Gravel construction entrance is to be constructed at the entrance off of N. 7`h Street. The pond will serve as a large sediment basin. Silt fence will be installed to prevent sediment from leaving the site. Outlet and inlet protection will be installed as shown on plan. Construction Sequence: Install gravel construction entrance and silt fence as shown on plan. Excavation of the pond, which will serve as a sediment basin, and clearing of the site may begin. Storm drain and utilities will then be installed. Lots will be graded to direct runoff to inlets. Upon completion of any phase of activity disturbed areas will be seeded within 21 days of no construction. �m1 Le. L feud= j 5� 132 s•�, a �f5f 0:4ty e z .I, 32 s {. o A t2Z30 6= 64rf x IOD on = j5.51( 5� 7 317 w U r �a Ih, = 131?45 - r coco � ISe 343 fq�g dep Pona� qD 3nT55 SA sh.Q 5,.07:83: (.0;0--7 3). _ 3'= 5,1116 o ° 3;5 4.556 z w ism lm.�r! mQui'r @ pp _ , 0.507&3;I 131f 79sJ = ��6 s. < _� 3,03 5, 0783 w PP 7)3115 Q 05 4 i00a r, Va�ut�e'= —�!�#064)(131)795) 53, P�3 0� Slvr,�e? (S053 - 7, 3 W5 69' Size er;�`ce. 5053i.__ y3aROt3c 0111 cfs ., ... — nhfice .5(. J 72)J 91.,'_ 14j22) L(=^,a;�2'3'f`) _. 0,022JS �okK! C1ck for fwgF Uellime- �� ,wAiaa` - iisa�lgset�, = 6 x 6 x 0,5 t 5 x S c 625;,t3 u✓eEg1f of "ale -ais lure_= 62'j 1b = x 1$9,-A5 ; 11�4Q-7 15s D�uMe. 04 cCncMe:e — K6 x 0,5 weolr� of COhcr e = i'ti 1b X 77"S c 11 210 . bs a d 13ro4t `IX`f x i x f4t} = 2 3p0`i, fbs = 63 b58 s� = 1,i62 a� � {or reutin� oh� 81463 98(32j:761)r+3q(ySj� 2323J955� roam s,f, _ 8,y..;S;D CN= o s,aewalk = 1 522 sr 63 558 m a c �3I�N4 5 s� 0 ro a E ui o C N m� n o . c - l ~ j,565 ac tip M,— 3yj902s.i'l� J 9c2) t 39 (3,9OgJ-fi a0(2g�32.G� Q N 22)555. sf, g 137 r� Ci ec fyrebay 5i Ze . ve�LLh�2 Ci-� Cli hS llWiyt VAw -Ss F 2;t3 409, 3 I' 396 I8 0 -524 4 20 i736 - � 4-nilnU�aii4¢ JO'UME,�CF•, - • p'W+n, on �� QrCQ d P p� - - 5y:4 0-303 15.4 -t rq.41 _ Iog3 — sz�o 1i2N5 17 a. T932 1 413 _ _ bl3 s _ = 5374 2' 1 q5f 1 766 i q 5s1. ig40 -2352 2,152 S6q q4F i,o lac $3'+ • 1z 0 5�646 �reb�y vo�uMB CgjOg3 7 ma,n po,n� vo11+ice 18))113a' c� �. 2122�30b c F` is,, 3 PFr>?�anent goal .volu`^e � 9`093` + ... _ - �e %re�rr�yI�0% r 18 35 %a Z2.3 Temfornry Pool &6L, ` 22.0 23.0 2,1.0 25.0 26.0 26.6 S Qre4 (5•f) 71345 81LIq q,761 11, 001 1; 3 65 13j 211 „xcremen4al v4me(d) 0 7,g18 q,loo 10) 355 f1)683 91338 Pro v,'Jed tmpomry pool volgme = 4 j 344 c4 cgmVIA4�vey01UMlQ (c$r) 0 7j?IS 17,oIS 2V 3 3qP 6 47J 3qq If I(iI,G uip.5 Gti 9)793 s.0 793s 39gc 1m�, 104>= .21511,T S1465.{, � i1s9s,r: imp.— 1 3 310 s.f, fOq 00 qy(3� .2(1i O !,73 la)IS2 sd, _ - i y1743 i 16.743 �10-,66(7.23)(,M)= 1,87J5 CN 6 I`1;729 s,X, im — leis= 7bg5 sF a a,= 13,1535£=,314c side all= 596 s, 313. P E 77 7 s,J. 91 55 H 1 2 023 s�, C= 9,(9534)1 2(523C) ' ---_ 6q 7l971 sl y 7&— y _ ,g5(3g7i)+,2(5)182) 1(3y�= 1.70J5 13153 C 7 Qia= ,66(Z23)(,3�= I, IS Js d.a, r _ s5o� = 2.3)6 : a3,f:�n s MRj = 3033 5,7; 15)020 s.� ,35 qc 13l77b sd 10 M�` f0a♦= 141133 s� [= 'g3('377b)+,2�4274) _ 64 !. 191655 g5(IIISI�)+,2(�502) C— 2,55 cfs 15)020 1 79(7,z3)(,3b) = Lg8 c(S 6 d, = 12,628&.� - ,2g qc, da.= 41y105s. ,IOac p,- IQIs= 41677 sf mF —lots = IJ I69 s� Aervq!t = 75 5/ s �e wa I ✓; = 313 sf, roQ? = 21 q 2 S s,f, rogd= 112l;t s f, _ 71680 z,fi g5(76p6) +.2(4g4g_ 66 ! 95(3072)+,2(1)033 ` �7 121628 y IDS 1,39 qc. Type.... Master Network Summary Name.... Watershed File.... F:\PondPack\ISLAND PALMS\ MASTER DESIGN Network Storm Collection: NEW Total Depth Rainf Return Event in TYF ------------ ------ -------- 10 7.0000 Syntheti 100 10.0000 Syntheti ------------------------------- ICPM CALCULATION TOLERANCES ------------------------------- Target Convergence= .000 cfs Max. Iterations = 35 Ito ICPM Time Step = .0500 hrs Output Time Step = .0500 hrs ICPM Ending Time = 24.0000 hrs ------------------------------- MASTER NE SCS Unit Hy (*Node=Outfall; (Trun= HYG Truncation: Blank Page 2.01 (5 17-07).ppw OR SUMMARY Ed COUN RNF ID --- ---------------- ve TypeIII 24hr ve TypeIII 24hr SUMMARY ph Method =Diversion;) L=Left; R=Rt; LR=Left&Rt) Max HYGV 1 Qpeak Qpeak Max WSEL Pond Storage Node ID Type Return Event ac-f Trun hrs cfs - ft- ac-ft _________________ *OUT 10 ____ T-E ______ 10 .031 R 16.1000 .03 22.00 'OUT 10 T-E 100 .316 R 16.7000 .67 22.00 POND IA POND 10 1.059 R 12.1000 12.37 POND IA POND 100 1-.6 6 R 12.1000 17.77 POND IA OUT POND 10 .031 R 16.1000 .03 26.44 1.084 POND IA OUT POND 100 16 R 16.7000 .67 27.54 1.425 POND 1B POND 10 E39 R 12.1000 7.59 POND 1B POND 100 93 R 12.1000 11.46 SIN: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) 3:29 PM Bentley Systems, Inc. 5/31/2007 Type.... Master Network Summary Name.... Watershed File.... F:\PondPack\ISLAND PALMS ICPM CALCULATION TOLERANCES --------------------'_--------- Target Convergence= .000 cfs Max. Iterations = 35 loo TCPM Time Step = .0500 hrs Output Time Step = .0500 hrs ICPM Ending Time = 24.0000 hrs ------------------------------- MASTER NET SCS Unit Hyd (*Node=Outfall;� (Trun= HYG Truncation: Blank= Page 2.01 (�-17-07).ppw h Method Diversion;) L=Left; R=Rt; LR=Left&Rt) Max Return HYG V i Qpeak Qpeak Max WSEL Pond Storage Node ID Type Event ac-f Trun hrs --------- cfs -------- ft -------- ac-ft ------------ ----------------- POND 13 OUT ---- POND ------ 10 ------- .3 -- 5 -- R 12.0500 4.06 26.44 .290 POND 1B OUT POND 10 -.0 0 R .0000 .00 (-Q) POND 15 OUT POND 100 .5 1 R 12.1000 5.30 27.56 .910 POND 1B OUT POND 100 -.0 0 R .0000 .00 (-Q) SUBAREA 1A AREA 10 .7 5 12.1000 8.37 SUBAREA 1A AREA 100 1.0 6 12.1000 12.48 SUBAREA 1B AREA 10 .6 0 12.1000 7.59 SUBAREA 1B AREA 100 .9 4 12.1000 11.46 S/N: 81YXYWHP7T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 3:29 PM 5/31/2007 Type.... To Calcs Name.... SUBAREA 1A File.... F:\PondPack\ISLAND PALMS\pol d(-17-07).ppw TIME. OF. CONCENTRATION. CALCULATOR. ----------------------------- Segment. #1: Tc: User Defined Page 6.01 j Segment #1 Time: .0833 hrs ------------------------------------ Total To: .0833 hrs Calculated To < Min.Tc: Use Minimum To... Use To = .0633 hrs SIN: 8IYXYWHP7T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 11:45 AM 5/31/2007 Type.... To Calcs Name.... SUBAREA 1A File.... F:\PondPack\ISLAND Tc Equations used... --------------------------- User Defined To = Value entered by user Where: To = Time of concentx (q-17-07).ppw Page 6.01 S/N: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) 11:45 AM Bentley Systems, Inc. 5/31/2007 Type.... Tc Calcs Page 6.03 Name.... SUBAREA 1B File.... F:\PondPack\ISLAND PALMS\pon (5 17-07).ppw TIME OF CONCENTRATION. CALCULATOR.. . ----------------------------------.-d--- F--__--_--__--_--__--_----_--_--- Segment 01: Tc: User Defined i I SIN: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) Segment 41 Time: .0833 hrs ------------------------------- Total Tc: 0833 hrs Calculated Tc < Min.Tc: Use Minimum Tc... Use Tc = .0833 hrs 11:45 AM Bentley Systems, Inc. 5/31/2007 Type.... It Celts Name.... SUBAREA 1B File.... F:\PondPack\ISLAND PALMS\p ------ ---------------------------- Tc Equations used... ---------------------------------- User Defined Tc = Value entered by user Where: Tc = Time of concentrat I� : 17-07).ppw Page 6.03 S/N: 81YXYWH27T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 11:45 AM 5/31/2007 I, Type.... Runoff CN-Area Name.... SUBAREA iA File.... F:\PondPack\ISLAND RUNOFF CURVE NUMBER DATA (5F17-07).ppw Page 7.01 _________________________________ Impervious Area Adjustment Adjusted Soil/Surface Description CN acres %C %UC CN --------- ----- ----- ------ �7 1.565 67.13 COMPOSITE AREA & WEIGHTED CN ---> 1.565 87.13 (87) . ........ :��:::.................................. ................................... SIN: 81YXYWHP7T82 Bentley Systems, Inc. 5/31/2007 Bentley PondPack (10.00.022.00) 11:48 AM I Type.... Runoff CN-Area Name.... SUBAREA 1B I File.... F:\PondPack\ISLAND PALMS\p RUNOFF CURVE NUMBER DATA ____________________________________ Soil/Surface Description ________________________________ Page 7.02 7-07) .pp'w ____________________________________ Impervious Area Adjustment Adjusted N acres 8C %UC CN __ _____ _____ ______ 5 1.462 84.80 I COMPOSITE AREA 5 WEIGHTED CN ---> 1.462 84.80 (85) SIN: 81YXYWHP7T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) J 1 11:98 AM 5/31/2007 Type.... Design Storms Name.... NEW HANOVER COUN File.... F:\PondPack\ISLAND PALMS\p Storm... TypeIII 24hr Tag: 10 DESIGN STORMS SUMMA Design Storm File,1D = Storm Tag Name = 10 -------------------------------1 Data Type, File, ID = Synthetic Si Storm Frequency = 10 yr Total Rainfall Depth= 7.0000 in ; Duration Multiplier = 1 Resulting Duration = 24.0000 hrsj Resulting Start Time= .0000 hrs £ Storm Tag Name = 100 Data Type, File, ID = Synthetic Sto, Storm Frequency = 100 yr Total Rainfall Depth= 10.0000 in Duration Multiplier = 1 Resulting Duration = 24.0000 hrsj Resulting Start Time= .0000 hrs St II I S/N: 8iYXYWHP7T82 Bentley PondPack (10.00.022.00) Page 4.02 Event: 10 yr (5F17-07).ppw HANOVER COUN ------------------------- TypeIII 24hr 1000 hrs End= 24.0000 hrs ----------------------------- TypeIII 24hr 1000 hrs End= 24.0000 hrs 11:48 AM Bentley Systems, Inc. 5/31/2007 Type.... ICPM Node Routing Summary! Page 14.01 Name.... POND lA Tag: I10 Event: 10 yr File.... F:\PondPack\ISLAND PALMS\po d(5 17-07).ppw Storm... Type III 24hr Tag: 10 II ICPM POND OUTING SUMMARY HYG Dir = F:\PondPack\ISLAND LMS\ Inflow HYG file = POND IA INI 10 Outflow HYG file = POND 1A OUT 10 Pond Node Data = POND lA Pond Volume Data = POND lA j Pond Outlet Data = OUTLET 2 N I No Infiltration INITIAL CONDITIONS 'I (CALCULATION TOLERANCES Starting WS Elev = 22.00 ft Target Convergence= .000 cfs +/- Starting Volume = .057 ac-ft Max. Iterations = 35 loops Starting Outflow = .00 cfs ICPM Time Step = .0500 hrs Output Time Step = .0500 hrs - - - - -' ICPM Ending Time = ------------------------------- 24.0000 hrs Tp, hrs 24.0000 FORWARD FLOW PE Tp, hrs Qp, Pond Inflow..... 12.1000 I Pond Outflow.... 16.1000 TOTAL VOLUME I Vol, ac-ft Dire Pond Inflow..... 1.059 For Pond Outflow.... .000 Rev MASS BALANCE (ac-ft) ----------------------------- + Initial Vol.. .. 057 + Total Vol IN.... 1.059 - Total Vol OUT... .031 - Ending Pond Vol. 1.084 <-------------- Difference...... .000 ac-ft IMU STORAGE pile , ft Vol, ac-ft --16.44 ----- �I -----1 084 REVERSE FLOW PEAKS Tp, hrs Qp, cfs -------- --------- .0000 .00 .0000 .00 TOTAL VOLUME OUT Vol, ac-ft Direction .000 Reverse .031 Forward 0000 hrs Elev.= 26.44 ft) of Inflow Volume) G S/N: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) 3:35 PM Bentley Systems, Inc. 5/31/2007 Type.... ICPM Node Routing Summary Name.... POND lA Tag: ! 1 0 File.... F:\PondPack\ISLAND PALMS\pon (5 17-07).ppw Storm... TypeIII 24hr Tag: 100 ICPM POND, HYG Dir = F:\PondPack\ISLA Inflow HYG file = POND lA IN Outflow HYG file = POND lA OUT Pond Node Data = POND lA Pond Volume Data = POND 1A Pond Outlet Data = OUTLET 2 i No Infiltration � INITIAL CONDITIONS - - - - - - - - — - - - - — - - - — - — - - — - - - - - - Starting WS Elev = 22.00 ft I Starting Volume = .057 ac-ftl, Starting Outflow = .00 cfs i ---------------------------------- Tp, hrs j 1.6.7500 FORWARD FLOW PEAK Tp, hrs Qp,•.c -------- ------ Pond Inflow..... 12.1000 17. Pond Outflow.... 16.7000 TOTAL VOLUME Vol, ac-ft Dir ------------ -- Pond Inflow..... 1.676 Fa Pond Outflow.... .000 Re MASS BALANCE (ac-ft) ---------------------------- + Initial Vol..... .057 + Total Vol IN.... 1.676 - Total Vol OUT... .316 - Ending Pond Vol. 1_416 <-- Difference...... .001 ac-ft SUMMARY Page 14.02 Event: 100 yr ALCULATION TOLERANCES arget Convergence= .000 cfs +/- ax. Iterations = 35 loops CPM Time Step = .0500 hrs output Time Step = .0500 hrs CPM Ending Time = ------------------------------ 24.0000 hrs STORAGE ft Vol, ac-ft ---- -------- .54 1 REVERSE FLOW PEAKS Tp, hrs Qp, cfs ----------------- .0000 .00 .0000 .00 TOTAL VOLUME OUT Vol, ac-ft Direction ----------- ------- .000 Reverse .316 Forward 4.0000 hrs Elev.= 27.52 ft) 63% of Inflow Volume) SIN: 81YXYWHP7T82 Bentley PondPack (10-00-022.00) 3:35 PM Bentley Systems, Inc. 5/31/2007 Type.... ICPM Node Routing Summary! ! Page 19.03 Name.... POND 1B Tag: 1 10 Event: 10 yr File.... F:\PondPack\ISLAND PALMS\poi d(5-17-07).ppw Storm... TypeIII 24hr Tag: 10 i ICPM POND ROUTING SUMMARY HYG Dir = F:\PondPack\ISLAND MS\ Inflow HYG file = POND 1B INj10 Outflow HYG file = POND 1B 0[TT10 Pond Node Data = POND 1B Pond Volume Data = POND 1B Pond Outlet Data = OUTLET 1 No Infiltration INITIAL CONDITIONS ---------------------------------- Starting WS Elev = 22.00 ft i Starting Volume = .010 ac-ftj Starting Outflow = .00 cfs I CALCULATION TOLERANCES rarget Convergence= .000 cfs +/- yax. Iterations = 35 loops ICPM Time Step = .0500 hrs Output Time Step = .0500 hrs ICPM Ending Time = ------------------------------- 24.0000 hrs MAXSMU STORAGE Tp, hrs lle L-------- , ft Vol, ac-ft __________ 29.0000 j2 6.44 .290 FORWARD FLOW PEAK REVERSE FLOW PEAKS Tp, hrs Qp,ic'ljs Tp, hrs Qp, cfs Pond Inflow..... 12.1000 7.59 0000 00 Pond Outflow.... 12.0500 9.! 6 .0000 .00 TOTAL VOLUME iN�1 TOTAL VOLUME OUT Vol, ac-ft Direc ior Vol, ac-ft Direction ------- ------------ ------- Pond inflow..... .639 Forward ------------ .000 Reverse Pond Outflow.... .000 Reve se .345 Forward i MASS BALANCE (ac-ft) ----------------------------- + Initial Vol 010 ! j + Total Vol IN.... .639 - Total Vol OUT... 345 - Ending Pond Vol. _290 <--i ,( t 4.0000 hrs Elev.= 26.44 ft) Difference...... .015 ac-ft (2 268% of Inflow Volume) WARNING: Mass balance for routing�jv� 1 as vary by more than .5% SIN: 8IYXYWHP7T82 Bentley PondPack (10.00.022.00) 3:35 PM Bentley Systems, Inc. 5/31/2007 Type.... ICPM Node Routing Summary Name.... POND 1B Tag: 00 File.... F:\PondPack\ISLAND PALMS\polld(5 17-07).ppw Storm... TypeIIl 24hr Tag: 100 ICPM POND HYG Dir = F:\PondPack\ISLA Inflow HYG file = POND 1B IN Outflow HYG file = POND 1B OUT Pond Node Data = POND 1B Pond Volume Data = POND 1B Pond outlet Data = OUTLET 1 No Infiltration INITIAL CONDITIONS ---------------------------------- Starting WS Elev = 22.00 ft Starting Volume = .010 ac-ft Starting Outflow = .00 cfs I -- ------------------------- SUMMARY I Page 14.04 Event: 100 yr -ALCULATION TOLERANCES Target Convergence= .000 cfs +/- Fax. Iterations = 35 loops ICPM Time Step = .0500 hrs Dutput Time Step = .0500 hrs ICPM Ending Time = ------------------------------- 24.0000 hrs MA.XIMU STORAGE IF, hrs I le ft Vol, "_ft -- ----- ----- 16 7500 7.56 .410 FORWARD FLOW PE Tp, hrs Qp, Pond Inflow..... 12.1000 1 Pond Outflow.... 12.1000 TOTAL VOLUME Vol, ac-ft Dir ------------ -- Pond Inflow..... .993 Fc Pond Outflow.... .000 Re MASS BALANCE (ac-ft) -------------------------- + Initial Vol..... .010 + Total Vol IN.... .993 - Total Vol OUT... .581 - Ending Pond Vol. ------------ .406 Difference...... .016 ac-ft WARNING: Mass balance for routing REVERSE FLOW PEAKS Tp, hrs Qp, cfs ----------------- .0000 .00 .0000 .00 TOTAL VOLUME OUT Vol, ac-ft Direction ------------------- .000 Reverse .581 Forward 0000 hrs Elev.= 27.52 ft) 589% of Inflow Volume) vary by more than .5% S/N: 8IYXYWHP7T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) ail 3:36 PM 5/31/2007 Type.... Time-Elev Name.... POND 1A Tag: File.... F:\PondPack\ISLAND PALMS\F Storm... TypeIII 24hr Tag: 1c, we (�-17-07).Ppw Page 10.09 Event: 10 yr TIME vs. LE I ATION (ft) Time I Output Ti e increment = .0500 hrs hrs I Time on left represents time _ for first value in _________________________________ each row. 1 22.00 22.00 22.00 22.00 22.00 .0000 1 22.00 22.00 22.00 22.00 22.00 .2500 .5000 1 22.00 22.00 22.00 22.00 22.00 .7500 1 22.00 22.00 22.00 22.00 22.00 1.0000 1 22.00 22.06 22.00 22.00 22.00 1.2500 1 22.00 22.06 22.00 22.00 22.00 1.5000 1 22.00 22.06 22.00 22.00 22.00 1.7500 1 22.00 22.00 22.00 22.00 22.00 2.0000 1 22.00 22.00 22.00 22.00 22.00 2.2500 1 22.00 22.00 22.00 22.00 22.00 2.5000 1 22.00 22.00 22.00 22.00 22.00 2.7500 1 22.00 22.00 22.00 22.00 22.00 3.0000 1 22.00 22.00 22.00 22.00 22.00 3.2500 1 22.00 22.00 22.00 22.00 22.00 3.5000 1 22.00 22.00 22.00 22.00 22.00 3.7500 1 22.00 22.00 22.00 22.00 22.00 4.0000 1 22.00 22.06 22.00 22.00 22.00 4.2500 1 22.00 22.06 22.00 22.00 22.00 4.5000 1 22.00 22.00 22.00 22.00 22.00 4.7500 1 22.00 22.00 22.00 22.00 22.00 5.0000 1 22.00 22.00 22.00 22.00 22.01 5.2500 1 22.01 22.01 22.01 22.01 22.01 5.5000 1 22.01 22.01 { 22.01 22.01 22.01 5.7500 1 22.01 22.01 22.01 22.01 22.02 6.0000 1 22.02 22.02 22.02 22.02 22.02 6.2500 1 22.02 22.02 22.02 22.02 22.03 6.5000 1 22.03 22.03 22.03 22.03 22.03 6.7500 1 22.03 22.03 22.04 22.04 22.04 7.0000 1 22.04 22.04 22.04 22.05 22.05 7.2500 1 22.05 22.05 22.05 22.06 22.06 7.5000 1 22.06 22.06 22.06 22.07 22.07 7.7500 1 22.07 22.07 22.08 22.08 22.08 8.0000 1 22.08 22.09 22.09 22.09 22.10 8.2500 1 22.10 22.10 22.11 22.11 22.11 8.5000 1 22.12 22.12 22.12 22.13 22.13 8.7500 1 22.14 22.14 22.15 22.15 22.15 9.0000 1 22.16 22.1E 22.18 22.19 22.20 9.2500 1 22.20 22.23 22.22 22.23 22.24 9.5000 1 22.25 22.2'6 22.27 22.28 22.29 9.7500 1 22.30 22.31 22.32 22.33 22.34 10.0000 1 22.35 22.37 22.38 22.39 22.40 10.2500 1 22.42 22.43 22.45 22.46 22.48 10.5000 1 22.49 22.51 22.52 22.54 22.56 SIN: 8iYXYWHP7T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 3:36 PM 5/31/2007 Type.... Time-E1ev Name.... POND IA Tag: File.... F:\PondPack\ISLAND PALMS\I Storm... TypeIII 24hr Tag: 10 TIME vs. Time I Output Tir hrs I Time on left represent ------=-I-------------------------; 10.7500 1 22.57 22.59 11.0000 1 22.67 22.69 11.2500 1 22.76 22.81 11.5000 1 22.94 22.97, 11.7500 1 23.18 23.26 12.0000 1 23.78 24.01 12.2500 1 24.71 24.82 12.5000 1 25.10 25.14 12.7500 1 25.25 25.26 13.0000 1 25.36 25.38 13.2500 1 25.44 25.46 13.5000 1 25.52 25.53 13.7500 1 25.59 25.66 14.0000 1 25.65 25.66 14.2500 1 25.71 25.72 14.5000 1 25.76 25.77 14.7500 1 25.81 25.82 15,0000 1 25.85 25.86 15.2500 1 25.90 25.91 15.5000 1 25.94 25.99 15.7500 1 25.97 25.98 16.0000 1 26.00 26.01 16.2500 1 26.03 26.03 16.5000 1 26.05 26.06 16.7500 1 26.08 26.08 17.0000 1 26.10 26.10 17.2500 1 26.12 26.12 17.5000 1 26.14 26.14 17.7500 1 26.15 26.16 18.0000 1 26.17 26.17 1 18.2500 1 26.19 26.19 18.5000 1 26.20 26.20 18.7500 1 26.21 26.22 19.0000 1 26.23 26.23 19.2500 1 26.24 26.25 19.5000 1 26.26 26.26 19.7500 1 26.27 - 26.27 20.0000 1 26.28 26.26 20.2500 1 26.29 26.30 20.5000 1 26.30 26.31 20.7500 1 26.32 26.32 21.0000 1 26.33 26.33 21.2500 1 26.34 26.314 21.5000 1 26.35 26.3�5 10 Page 10.09 Event: 10 yr (q-17-07).ppw (ft) rement = .0500 hrs e for first value in each row 22. 61 22.63 22.65 22.71 22.73 22.76 22.84 22.87 22.90 23.01 23.06 23.11 23.35 23.46 23.60 24.22 24.42 24.58 24.91 24.99 25.05 25.17 25.20 25.23 25.30 25.32 25.34 25.39 25.41 25.43 25.47 25.49 25.50 25.55 25.56 25.58 25.61 25.63 25.64 25.67 25.69 25.70 25.73 25.74 25.75 25.78 25.79 25.80 25.83 25.84 25.85 25.87 25.98 25.89 25.91 25.92 25.93 25.95 25.96 25.96 25.98 25.99 26.00 26.01 26.02 26.02 26.04 26.04 26.05 26.06 26.07 26.07 26.08 26.09 26.09 26.11 26.11 26.11 26.13 26.13 26.13 26.14 26.15 26.15 26.16 26.16 26.17 26.18 26.18 26.18 26.19 26.19 26.20 26.21 26.21 26.21 26.22 26.22 26.23 26.23 26.24 26.24 26.25 26.25 26.25 26.26 26.26 26.27 26.27 26.28 26.28 26.29 26.29 26.29 26.30 26.30 26.30 26.31 26.31 26.31 26.32 26.32 26.33 26.33 26.33 26.34 26.34 26.34 26.35 26.35 26.36 26.36 S/N: 81YXYWHP7T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 3:36 PM 5/31/2007 Type.... Time-E1ev Name.... POND lA Tag: 10 File.... F:\PondPack\ISLAND PALMS\pod(5 17-07).ppw Storm... TypeIII 24hr Tag: 10 TIME vs Time I Output Tir hrs I Time on left represent -------- 21.7500 I------------------------- 1 26.36 26.36 22.0000 1 26.37 26.37 22.2500 1 26.38 26.36 22.5000 1 26.39 26.39 22.7500 1 26.40 26.40 23.0000 1 26.41 26.41 23.2500 I 26.41 26.42, 23.5000 1 26.42 26.42 23.7500 1 26.43 26.43 24.0000 I 26.44 II (ft) Page 10.10 Event: 10 yr crement = .0500 hrs ne for first value in each row 26.36 26.37 26.37 26.37 26.38 26.38 26.38 26.38 26.39 26.39 26.39 26.40 26.40 26.40 26.40 26.41 26.41 26.41 26.42 26.42 26.42 26.43 26.43 26.43 26.43 26.44 26.44 SIN: BIYXYWHP7T82 j Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 3:36 PM 5/31/2007 i Type.... Time-Elev . I Name.... POND lA Tag: 100 File.... F:\PondPack\ISLAND PALMS\01Ord( Storm... TypeIIl 24hr Tag: 100 TIME vs Time I Output Tir hrs I Time on left represent --------- .0000 I ----------------------- 1 22.00 22.00 7-. .2500 1 22.00 22.00 .5000 1 22.00 22.00 .7500 1 22.00 22.o6 1.0000 1 22.00 22.06 1.2500 1 22.00 22.00 1.5000 1 22.00 22.06 1.7500 1 22.00 22.06 2.0000 1 22.00 22.00 2.2500 1 22.00 22.o6 2.5000 1 22.00 22.o6 2.7500 1 22.00 22.o6 3.0000 1 22.00 22.00 3.2500 1 22.00 22.06 3.5000 1 22.00 22.06 3.7500 1 22.00 22.06 4.0000 1 22.01 22.01 4.2500 1 22.01 22.01 4.5000 1 22.01 22.02 4.7500 1 22.02 22.02 5.0000 1 22.03 22.03 5.2500 1 22.03 22.04 5.5000 1 22.04 22.04 5.7500 1 22.05 22.05 6.0000 1 22.06 22.06 6.2500 1 22.07 22.08 6.5000 1 22.09 22.09 6.7500 1 22.10 22.11 7.0000 1 22.12 22.12 7.2500 1 22.14 22.14 7.5000 1 22.16 22.16 7.7500 1 22.19 22.20 8.0000 1 22.23 22.24 8.2500 1 22.28 22.28 8.5000 1 22.32 22.34 8.7500 1 22.38 22.39 9.0000 1 22.45 22.46 9.2500 I 22.52 22.58 9.5000 1 22.60 22.61 9.7500 1 22.69 22.70 10.0000 1 22.78 22.80 10.2500 1 22.89 22.91 10.5000 1 23.01 23.03 Page 10.12 Event: 100 yr 7-07).ppW (ft) rement = .0500 hrs e for first value in each row 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.01 22.01 22.01 22.01 22.01 22.01 22.01 22.01 22.02 22.02 22.02 22.02 22.02 22.03 22.03 22.03 22.03 22.04 22.04 22.04 22.05 22.05 22.05 22.06 22.06 22.06 22.07 22.07 22.07 22.09 22.08 22.08 22.09 22.10 22.10 22.11 22.11 22.12 22.13 22.13 22.13 22.15 22.15 22.15 22.17 22.18 22.19 22.21 22.22 22.22 22.25 22.26 22.27 22.29 22.30 22.31 22.35 22.36 22.37 22.41 22.42 22.43 22.47 22.49 22.50 22.55 22.56 22.58 22.63 22.65 22.67 22.72 22.74 22.76 22.82 22.84 22.87 22.94 22.96 22.99 23.06 23.08 23.1C S/N: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) 3:36 PM Bentley Systems, Inc. 5/31/2007 Type.... Time-Elev Page 10.12 Name.... POND 1A Tag: 0 Event: 100 yr File.... F:\PondPack\ISLAND PALMS\po (5 17-07).ppw Storm... Type1II 24hr Tag: 100,, TIME vs. EJLEVFTION (ft) Time I Output Time i crement = .0500 hrs hrs Time on left represents time for ----- --------- first value in ---------------- each row. 10.7500 1 23.13 -----------1--- 23.15 23.18 23.21 23.23 11.0000 1 23.26 23.29 23.32 23.35 23.38 11.2500 1 23.42 23.45 23.49 23.53 23.58 11.5000 1 23.62 23.67 23.73 23.80 23.89 11.7500 1 23.99 24.10 24.22 24.37 24.54 12.0000 1 24.78 25.07 25.34 25.59 25.80 12.2500 1 25.97 26.10 26.20 26.29 26.37 12.5000 1 26.43 26.46 26.52 26.56 26.59 12.7500 1 26.63 26.66 26.69 26.71 26.74 13.0000 1 26.76 26.79 26.81 26.83 26.85 13.2500 1 26.87 26.89 26.91 26.93 26.95 13.5000 1 26.97 26.99 27.01 27.02 27.04 13.7500 1 27.06 27.07 I 27.09 27.10 27.12 14.0000 1 27.13 27.15 27.16 27.17 27.19 14.2500 1 27.20 27.2i 27.23 27.24 27.25 14.5000 1 27.26 27.27 27.29 27.30 27.31 14.7500 1 27.32 27.33 27.34 27.36 27.37 15.0000 1 27.38 27.39 27.40 27.41 27.42 15.2500 1 27.43 27.44 27.45 27.46 27.47 15.5000 1 27.48 27.48 27.49 27.50 27.51 15.7500 1 27.51 27.52 27.52 27.53 27.53 16.0000 1 27.53 27.53 27.53 27.54 27.54 16.2500 1 27.54 27.54 27.54 27.54 27.54 16.5000 1 27.54 27.54 27.54 27.54 27.54 16.7500 1 27.54 27.54 27.54 27.54 27.54 17.0000 1 27.54 27.54 27.54 27.54 27.54 17.2500 1 27.54 27.54 27.54 27.54 27.54 17.5000 1 27.54 27.54 27.54 27.54 27.54 17.7500 1 27.54 27.54 27.54 27.54 27.54 18.0000 1 27.53 27.53 27.53 27.53 27.53 18.2500 1 27.53 27.53 27.53 27.53 27.53 18.5000 1 27.53 27.53 1 27.53 27.53 27.53 18.7500 1 27.53 27.53 27.53 27.53 27.53 19.0000 1 27.53 27.53 27.53 27.53 27.53 19.2500 1 27.53 27.53 27.53 27.53 27.53 19.5000 1 27.53 27.53 27.53 27.53 27.53 19.7500 1 27.53 27.53 27.53 27.53 27.53 20.0000 1 27.53 27.53 27.53 27.52 27.52 20.2500 1 27.52 27.52 27.52 27.52 27.52 20.5000 1 27.52 27.52I 27.52 27.52 27.52 20.7500 1 27.52 27.52 27.52 27.52 27.52 21.0000 1 27.52 27.52 27.52 27.52 27.52 21.2500 1 27.52 27.52 27.52 27.52 27.52 21.5000 1 27.52 27.52 27.52 27.52 27.52 SIN: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) 3:36 PM Bentley Systems, Inc. 5/31/2007 Type.... Time-E1ev Name.... POND IA Tag: 00 File.... F:\PondPack\ISLAND PALMS\pod(5 17-07).ppw Storm... TypeIII 24hr Tag: 10. 11 TIME vs: Time I Output i T hrs Time on left represe. --------- 21.7500 I ----------------------- 1 27.52 27.52 7 22.0000 1 27.52 27.52 22.2500 1 27.52 27.52 22.5000 1 27.52 27.52 22.7500 1 27.52 27.52 23.0000 1 27.52 27.52 23.2500 1 27.52 27.52 23.5000 1 27.52 27.52 23.7500 1 27.52 27.52 24.0000 1 27.52 (ft) Page 10.13 Event: 100 yr rement = .0500 hrs e for first value in each row 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 SIN: 61YXYWH27TB2 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 3:36 PM 5/31/2007 Type.... Time-E1ev Name.... POND 1B Tag: File.... F:\PondPack\ISLAND PALMS\p Storm... TypeIII 24hr Tag: 10 Page 10.15 0 Event: 10 yr (5-17-07).ppw TIME vs. ELE TION (ft) i Time I Output Time increment = .0500 hrs hrs I Time on left represents time for first value in each row. .0000 1 22.00 22.00 _ _________________________________ 22.00 22.00 22.00 .2500 1 22.00 22.00 22.00 22.00 22.00 .5000 1 22.00 22.00 22.00 22.00 22.00 .7500 1 22.00 22.00 22.00 22.00 22.00 1.0000 1 22.00 22.06 22.00 22.00 22.00 1.2500 1 22.00 22.00 22.00 22.00 22.00 1.5000 22.00 22.00 22.00 22.00 22.00 1.7500 1 22.00 22.00 22.00 22.00 22.00 2.0000 1 22.00 22.00 22.00 22.00 22.00 2.2500 1 22.00 22.00 22.01 22.00 22.00 2.5000 1 22.00 22.00 22.00 22.00 22.00 2.7500 1 22.00 22.00 22.00 22.00 22.00 3.0000 1 22.00 22.00 22.00 22.00 22.00 3.2500 1 22.00 22.00 22.00 22.00 22.00 3.5000 1 22.00 22.00 22.00 22.00 22.00 3.7500 1 22.00 22.00 22.00 22.00 22.00 4.0000 1 22.00 22.00 22.00 22.00 22.00 4.2500 1 22.00 22.00 22.00 22.00 22.00 4.5000 1 22.00 22.00 22.00 22.00 22.00 4.7500 1 22.00 22.00 22.00 22.00 22.00 5.0000 1 22.00 22.00 22.00 22.00 22.00 5.2500 1 22.01 22.01 22.01 22.01 22.01 5.5000 1 22.01 22.01 22.01 22.01 22.01 5.7500 1 22.01 22.01 22.01 22.01 22.01 6.0000 I 22.02 22.02 22.02 22.02 22.02 6.2500 1 22.02 22.02 22.02 22.02 22.02 6.5000 1 22.03 22.03 22.03 22.03 22.03 6.7500 1 22.03 22.03 22.03 22.04 22.04 7.0000 1 22.04 22.04 22.04 22.04 22.05 7.2500 1 22.05 22.05 22.05 22.05 22.06 7.5000 1 22.06 22.06 22.06 22.06 22.07 7.7500 1 22.07 22.07 22.07 22.08 22.08 8.0000 1 22.08 22.08 22.09 22.09 22.09 8.2500 1 22.10 22.10 22.10 22.11 22.11 8.5000 1 22.11 22.12 22.12 22.12 22.13 8.7500 1 22.13 22.14 I 22.14 22.15 22.15 9.0000 1 22.15 22.16 22.17 22.18 22.19 9.2500 1 22.20 22.21 22.22 22.23 22.24 9.5000 1 22.25 22.26 22.26 22.27 22.28 9.7500 1 22.29 22.36 22.31 22.32 22.34 10.0000 1 22.35 22.36 22.37 22.38 22.40 10.2500 1 22.41 22.42 22.44 22.45 22.47 10.5000 1 22.49 22.50 22.52 22.53 22.55 SIN: 81YXYwHP7T82 Bentley Systems, Inc. Bentley PoadPack (10.00.022.00) 3:36 PM 5/31/2007 Type.... Time-Elev i Name.... POND 1B Tag: File.... F:\PondPack\ISLAND PALMS\p Storm... TypeIII 24hr Tag: 10, i TIME vs .� Time I Output Ti hrs I Time on left represdn ----- 10.7500 1 22.57 22.59 11.0000 1 22.66 22.63 11.2500 1 22.78 22.81 11.5000 1 22.93 22.96 11.7500 1 23.17 23.25 12.0000 1 23.76 23.98 12.2500 1 24.71 24.62 12.5000 1 25.10 25.14 12.7500 1 25.25 25.28 13.0000 1 25.36 25.38 13.2500 1 25.44 25.46 13.5000 1 25.52 25.53 13.7500 1 25.59 25.60 14.0000 1 25.65 25.66 14.2500 1 25.71 25.72 14.5000 1 25.76 25.77 14.7500 1 25.81 25.82 15.0000 1 25.96 25.86 15.2500 1 25.90 25.91 15.5000 1 25.94 25.94 15.7500 1 25.97 25.98 16.0000 1 26.00 26.01 16.2500 1 26.03 26.03 16.5000 1 26.05 26.06 16.7500 1 26.08 26.08 17.0000 1 26.10 26.10 17.2500 1 26.12 26.12 17.5000 1 26.14 26.14 17.7500 1 26.16 26.16 18.0000 1 26.17 26.17 16.2500 I ' 26.19 26.19 18.5000 1 26.20 26.20 18.7500 1 26.22 26.22 19.0000 1 26.23 26.23 19.2500 1 26.24 26.25 19.5000 1 26.26 26.26 19.7500 1 26.27 26.28 20.0000 1 26.28 26.28 20.2500 1 26.29 26.30 20.5000 I 26.31 26.31 20.7500 1 26.32 26.32 21.0000 1 26.33 26.33 21.2500 1 26.34 26.34 21.5000 1 26.35 26.35 Page 10.15 Event: 10 yr (5�17-07).ppw (f t) rement = .0500 hrs e for first value in each row 22.60 22.62 22. 64 22.71 22.73 22.75 22.83 22.86 22.89 23.01 23.05 23.11 23.34 23.45 23.58 24.21 24.42 24.59 24.91 24.99 25.05 25.17 25.20 25.23 25.30 25.32 25.34 25.39 25.41 25.43 25.48 25.49 25.51 25.55 25.56 25.58 25.62 25.63 25.64 25.67 25.69 25.70 25.73 25.74 25.75 25.79 25.79 25.80 25.83 25.84 25.85 25.87 25.88 25.89 25.91 25.92 25.93 25.95 25.96 25.97 25.99 25.99 26.00 26.01 26.02 26.02 26.04 26.04 26.05 26.06 26.07 26.07 26.09 26.09 26.09 26.11 26.11 26.11 26.13 26.13 26.13 26.14 26.15 26.15 26.16 26.17 26.17 26.18 26.18 26.18 26.19 26.20 26.20 26.21 26.21 26.21 26.22 26.22 26.23 26.24 26.24 26.24 26.25 26.25 26.25 26.26 26.26 26.27 26.27 26.28 26.28 26.29 26.29 26.29 26.30 26.30 26.30 26.31 26.31 26.31 26.32 26.32 26.33 26.33 26.33 26.34 26.34 26.35 26.3E 26.35 26.36 26.3E SIN: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) 3:36 PM Bentley Systems, Inc. 5/31/2007 Type.... Time-Elev Name.... POND 1B Tag: File.... F:\PondPack\ISLAND PALMS\p Storm... TypeIII 24hr Tag: 10 TIME vs Time I Output Tin hrs I Time on left represent - --------------------------------- 21.7500 1 26.36 26.36 22.0000 1 26.37 26.37 22.2500 1 26.38 26.38 22.5000 1 26.39 26.39 22.7500 1 26.40 26.46 23.0000 1 26.41 26.41 23.2500 1 26.42 26.42 23.5000 1 26.42 26.43 23.7500 ( 26.43 26.43 24.0000 1 26.44 i 7.0 d(5 17-07).ppw (ft) Page 10.16 Event: 10 yr rement = .0500 hrs e for first value in each row 26.36 26.37 26.37 26.37 26.38 26.38 26.38 26.39 26.39 26.39 26.39 26.40 26.40 26.40 26.41 26.41 26.41 26.41 26.42 26.42 26.42 26.43 26.43 26.43 26.43 26.44 26.44 S/N: 81YXYWHP7T82 � I Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 3:36 PM 5/31/2007 Type.... Time-E1ev Name.... POND 1B Tag: File.... F:\PondPack\ISLAND PALMS\pw Storm... TypeIII 24hr Tag: 100. TIME vs Time I Output Ti hrs Time on left represen -------I------------------------- .0000 1 22.00 22.00 .2500 1 22.00 22.00 .5000 1 22.00 22.00 .7500 1 22.00 22.00 1.0000 1 22.00 22.00 1.2500 '1 22.00 22.00 1.5000 1 22.00 22.06 1.7500 1 22.00 22.00 2.0000 1 22.00 22.06 2.2500 1 22.00 22.00 2.5000 1 22.00 22.00 2.7500 1 22.00 22.00 3.0000 1 22.00 22.00 3.2500 1 22.00 22.00 3.5000 1 22.00 22.00 3.7500 1 22.00 22.00 4.0000 1 22.01 22.01 4.2500 1 22.01 22.01 4.5000 1 22.01 22.01 4.7500 1 22.02 22.02 5.0000 1 22.03 22.03 5.2500 1 22.03 22.03 5.5000 1 22.04 22.04 5.7500 1 22.05 22.05 6.0000 1 22.06 22.06 6.2500 1 22.07 22.07 6.5000 1 22.08 22.09 6.7500 1 22.10 22.16 7.0000 1 22.12 22.12 7.2500 1 22.13 22.14 7.5000 1 22.15 22.16 7.7500 1 22.19 22.19 8.0000 1 22.23 22.24 8.2500 22.27 22.28 8.5000 1 22.32 22.33 8.7500 1 22.37 22.39 9.0000 1 22.44 22.45 9.2500 I 22.51 22.53 9.5000 1 22.59 22.61 9.7500 1 22.68 22.70 10.0000 1 22.78 22.80 10.2500 1 22.88 22.91 10.5000 1 23.01 23.03 00 Page 10.18 Event: 100 yr (.-17-07).ppw ON (ft) rement = .0500 hrs e for first value in each row 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.00 22.01 22.01 22.01 22.01 22.01 22.01 22.01 22.02 22.02 22.02 22.02 22.02 22.02 22.03 22.03 22.03 22.04 22.04 22.04 22.04 22.05 22.05 22.05 22.06 22.06 22.06 22.07 22.07 22.08 22.08 22.08 22.09 22.09 22.10 22.11 22.11 22.11 22.12 22.13 22.13 22.14 22.15 22.15 22.16 22.17 22.18 22.20 22.21 22.22 22.25 22.26 22.26 22.29 22.30 22.31 22.34 22.35 22.36 22.40 22.41 22.42 22.47 22.48 22.50 22.54 22.56 22.57 22.63 22.64 22.66 22.72 22.74 22.76 22.82 22.64 22.86 22.93 22.96 22.98 23.05 23.06 23.10 SIN: 81YXYWHP7T82 Bentley Systems, Inc. Bentley PondPack (10.00.022.00) 3:37 PM 5/31/2007 Type.... Time-Elev Name.... POND 1B Tag: File.... F:\PondPack\ISLAND PALMS\P Storm... TypeIII 24hr Tag: 100 TIME vs.,. Time I Output Tim hrs I Time on left represent - 10.7500 _________________________ 1 23.13 23.15 11.0000 1 23.26 23.29, 11.2500 1 23.41 23.45 11.5000 1 23.62 23.66 11.7500 1 23.98 24.09 12.0000 1 24.78 25.09 12.2500 1 25.99 26.11: 12.5000 1 26.44 26.49 12.7500 1 26.63 26.66 i 13.0000 1 26.77 26.79 13.2500 1 26.88 26. 90 13.5000 1 26.97 26.99 13.7500 1 27.06 27.07, 14.0000 1 27.13 27.15 14.2500 1 27.20 27.21 14.5000 1 27.26 27.28 14.7500 1 27.32 27.34 15.0000 1 27.38 27.39 15.2500 1 27.43 27.44 15.5000 1 27.48 27.49. 15.7500 1 27.52 27.53 16.0000 1 27.54 27.55 16.2500 1 27.55 27.55 16.5000 1 27.56 27.56 16.7500 1 27.56 27.56 17.0000 1 27.56 27.56 17.2500 1 27.56 27.56 17.5000 1 27.55 27.55 17.7500 1 27.55 27.55 18.0000 1 27.55 27.55 18.2500 1 27.54 27.54 18.5000 1 27.54 27.54 18.7500 I 27.54 27.54 19.0000 1 27.54 27.54 19.2500 1 27.54 27.54 19.5000 1 27.54 27.54 19.7500 1 27.54 27.54 20.0000 1 27.54 27.53 20.2500 1 27.53 27.53 20.5000 1 27.53 27.53 20.7500 1 27.53 27.53 21.0000 1 27.53 27.53 21.2500 1 27.53 27.53 21.5000 1 27.53 27.53 Page 10.18 Event: 100 yr (5}17-07).Ppw (ft) rement = .0500 hrs e for first value in each row 23.16 23.20 23.23 23.32 23.35 23.38 23.49 23.53 23.57 23.72 23.79 23.98 24.22 24.36 24.54 25.38 25.65 25.85 26.21 26.30 26.38 26.53 26.57 26.60 26.69 26.72 26.74 26.81 26.63 26.85 26.92 26.94 26.95 27.01 27.03 27.04 27.09 27.10 27.12 27.16 27.19 27.19 27.23 27.24 27.25 27.29 27.30 27.31 27.35 27.36 27.37 27.40 27.41 27.42 27.45 27.46 27.47 27.50 27.50 27.51 27.53 27.54 27.54 27.55 27.55 27.55 27.56 27.56 27.56 27.56 27.56 27.56 27.56 27.56 27.56 27.56 27.56 27.56 27.56 27.55 27.55 27.55 27.55 27.55 27.55 27.55 27.55 27.55 27.55 27.55 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.54 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 s/N: 81YXYWHP7T82 Bentley PondPack (10.00.022.00) 3:37 PM Bentley systems, Inc. 5/31/2007 Type.... Time-Elev Name.... POND 1B Tag File.... F:\PondPack\ISLAND PAL Storm... TypeIII 24hr Tag: ill]S\oond(-17-07).ppw 100 II TIME vs! Time I Output T hrs I Time on left represe -------- 21.7500 I ---------------------- 1 27.53 27.53 22.0000 1 27.53 27.53 22.2500 1 27.53 27.53 22.5000 1 27.53 27.53 22.7500 I 27.53 27.53 23.0000 1 27.53 27.53 23.2500 1 27.52 27.52 23.5000 1 27.52 27.52 23.7500 1 27.52 27.52 24.0000 1 27.52 LEMATION (ft) Page 10.19 Event: 100 yr e increment = .0500 hrs 5 time for first value in each row. ----------------------------------- 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.53 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 27.52 SIN: 81YXYWHP7T82 Bentley Systems, Inc. 3:37 PM 5/31/2007 Bentley PondPack (10.00.022.00) Hydraflow Plan View I i Outfall 1 t SDMH-12 2 SDMH-7 3 CB-3 4 CB-4 SDMH-11 5 CB-1 N 6 CB-2 Project file: pipe-1a-10yr(5-17-07).stm OF file: new-hanover.IDF I No. Lines: 7 I 05-31-2007 I— ---- Hydraflow Summary Rep rt Page 1 Line Line ID Flow Line ('Line Invert Invert Line HGL HGL Minor D ns] No. rate size I4ngt EL Dn EL Up slope down up loss I line (cfs) (in) I(ft) (ft) (ft) M (ft) (ft) (ft) No. 1 SDMH-12 5.27 30 c 20.75 21.75 5.000 26.44' 26.44' 0.02 End 2 SDMH-7 5.52 30 c 10.0 21.75 22.12 0,301 26.46' 26.48' 0.01 1 3 CB-3 5.59 30 c �23. �I1.0 22.12 22.60 1,548 26.49' 26.50' 0.01 2 4 CB-4 3.74 24 c 2.0 22.60 22.67 0.318 26.51 26.52' 0.03 3 5 SDMH-11 3.23 18 c 2M 22.67 22.76 0,310 26.55' 26.57' 0.02 4 6 CB-2 3.32 18 c �08. 22.76 23.09 0.306 26.60' 26.70' 0.08 5 7 CB-1 1.86 15 c 22.0 I I I 23.09 23.34 1.136 26.79' 26.80' 0.04 6 Project File: pipe-1a-10yr(5-17-07). tm IDF File: Inew- anover.IDF Total No. Lines: 7 Run Date: 05-31-2007 NOTES: c = circular; e = elliptical; b = box; Return p riod = 10 Yrs.; ' Indicates surcharge condition. Hvdraflow Plan View Outfall 1 SDMH-12 2 SDMH-7 3 CB-3 4 CB-4 5 SDMH-11 6 CB-1 CB-2 7 Project file: pipe-1 a-1 00yr(5-17-07).stm OF file: new-hanover.IDF No. Lines: 7 05-31-2007 i Hvdraflow Summary Rep rt Page 1 Line Line ID Flow Line I Line Invert Invert Line HGL HGL Minor Dns No. rate size I ngt EL Dn EL Up slope down up loss line (cfs) (In) (ft) (ft) (ft) N (8) (ft) (ft) No. 1 SDMH-12 7.25 30 c 20.0 20.75 21.75 5.000 27.54' 27.55' 0.03 End 2 SDMH-7 7.48 30 c tl23. 21.75 22.12 0.301 27.58' 27.62' 0.02 1 3 CB-3 7.54 30 c 22.12 22.60 1.548 27.64' 27.65' 0.03 2 4 CB-4 5.03 24 c 11.0 22.0 22.60 22.67 0.318 27.67' 27.68' 0.05 3 5 SDMH-11 4.33 18 c �9.0 22.67 22.76 0.310 27.73' 27.78' 0.04 4 6 CB-2 4.41 18 c Y08. 22.76 23.09 0.306 27.83' 28.02' 0.15 5 7 CB-1 2.47 15 c I E.0 23.09 23.34 1.136 28.16' 28.19' 0.06 6 Project File: pipe-1a-100yr(5-17-07) stmlDF File: new anover.IDF Total No. Lines: 7 Run Date: 05-31-2007 NOTES: c = circular; e = elliptical; b = box; Return i rind = 100 Yrs.; ' Indicates surcharge condition. Hvdraflow Plan View Outfall 1 CB-8 SDMH-4 -7 2 4 SDMH-1 5 CB-5 C�6 Project file: pipe-1b-10yr(5-17-07).stm OF file: new-hanover.IDF No. Lines: 6 05-31-2007 Hvdraflow Summary RIPprt Page 1 Line Line ID Flow Line Line Invert Invert Line HGL HGL Minor Dns No. rate size I angt EL Dn EL Up slope down up loss line (cfs) (in) I (ft) (ft) (ft) N (ft) lft) (ft) No. 1 SDMH-4 5.67 24 c li 2.0 21.00 22.03 1.661 26.44' 26.48' 0.05 End 2 CB-7 5.83 24 c 123. 22.03 23.02 0.805 26.53' 26.61' 0.08 1 3 CB-8 1.38 15 c �I4.0 23.02 23.09 0.292 26.69' 26.70' 0.02 2 4 SDMH-1 2.18 18 c iI5.0 23.02 23.19 0.309 26.69' 26.72' 0.01 2 5 CB-6 2.23 18 c 55.0 23.19 23.36 0.309 26.73' 26.75' 0.04 4 6 CB-5 0.58 15 c L0 I I 23.36 23.42 0.273 26.79' 26.79' 0.00 5 Project File: pipe-1 b-10yr(5-17-07). tm IDF Filea new hanover.IDF Total No. Lines: 6 Run Date: 05-31-2007 NOTES: c = circular; e = elliptical; b = box; Return eriod = 10 Yrs.; ' Indicates surcharge condition. Hvdraflow Plan View Outfall 1 CB-8 SDMH-4 2 7-7 SDMH-1 CB-5 5 46 Project file: pipe-1 b-100yr(5-17-07).stm OF file: new-hanover.IDF No. Lines: 6 05-31-2007 Hydraflow Summary Rep�rt Page 1 Line ID Flow Line (Line Invert Invert Line HGL HGL Minor Dns Line rate size I mgtI i EL Dn EL Up slope down up loss line No. (cfs) (in) (ft) (ft) (k) N (ft) A (ft) No. 1 SDMH-4 7.75 24 c 62.0 21.00 22.03 1.661 27.56' 27.63' 0.09 End 2 CB-7 7.90 24 c 123,C 22.03 23.02 0.805 27.73' 27.88' 0.15 1 3 CB-8 1.84 15 c ;i4.0 23.02 23.09 0.292 28.03' 28.04' 0.03 2 4 SDMH-1 2.94 18 c 55.0 23.02 23.19 0.309 28.03' 28.07' 0.02 2 5 CB-6 2.98 18 c 15.0 23.19 23.36 0.309 28.09' 28.13' 0.07 4 6 CB-5 0.71 15 c 22.0 I I I 23.36 23.42 0.273 28.20' 28.20' 0.01 5 stmlDF File: new hanover.IDF Total No. Lines: 6 Run Date: 05-31-2007 Project File: pipe-1 b-100yr(5-17-07) NOTES: c =circular; a =elliptical; b =box; Return eriod = 100 Yrs.; 'Indicates surcharge condition. �0F W A rF9 p Michael F. Easley, Governor William G. Ross Jr, Secretary r North Carolina Department of Environment and Natural Resources 0 'C Coleen 11. Sullins Director Division of Water Quality August 13, 2007 Rick Rogge Island Palms, LLC PO Box 306 Carolina Beach, NC 28428 Subject: Request for Additional Information Stormwater Project No. SW8 070664 Island Palms New Hanover County Dear Mr. Rogge: The Wilmington Regional Office received a Stormwater Management Permit Application for Island Palms on August 8, 2007. A preliminary review of that information has determined that the following information is needed to continue the stormwater review: 1. Please provide a table in the stormwater calculations containing the elevations, areas, incremental volumes and accumulated volumes for the permanent pool, temporary pool and forebay. 2. Please submit a $500 fee for the additional review required for this application Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 20, 2007, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. 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. If you have any questions concerning this matter please feel free to call me at (910) 796-7215. Sincerely, -- uwt a "D �U� Christine Nelson Environmental Engineer E NB/can:S:\W QS\STORMWATER\ADDI NFO\2007\070664.aug07 cc: Jeff Malpass, Malpass Engineering, P.C. Christine Nelson WiL Imington Regional OffiEe) NorthCarolina JVatura//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.ncwnteraualitv.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110 % Post Consumer Paper August 8, 2007 To: Christine Nelson From: Justin Bishop, E.I. Malpass Engineering, P.C. Phone: 910-392-5243 Re: Island Palms Please include the following from our original submittal with this package. -Page 4 of Stormwater Application (original & copy) -Page 4 of Supplement -Deed Restriction Form -Letter stating no wetlands from Clark Group -2 Drainage Maps If you have any questions, please feel free to contact me. Thanks. FRE LAUG 0 c 2007 BY:_ __ ,9oai Offs ,W,W 2522 wiC�,Noff.reata( 28402 gd 940-452-000J 96.- 940-452-0060 'Owod 9? /14�1.1 (�l. i9fO�'.l(4YlfBY Jeff Malpass Malpass Engineering, PC 1134 Shipyard Blvd. Wilmington, NC 28412 'rai&'f4 s8o5 %f'si8liGvlllm.✓/oenam �t�ff�011j •/f p ?cQ4Qi August 8, 2007 Reference: Seasonal High Water Table for Stormwater Infiltration at Island Palms at Carolina Beach, New Hanover County, NC. Dear Jeff: On August 083 2007, Land Management Group, Inc. evaluated a 3.03-acre parcel for seasonal high water table determination within the area designated for stormwater pond construction. Soil borings were made along the northern edge within the pond bottoms for the forebay and pond structures. Soil profiles were evaluated from the surface down to a depth of 48 inches. The SHWT for the forebay area is estimated by morphology to be at 15 inches below the existing soil surface. The topographic survey shows this area to be 23' msl and would result in a SHWT within the forebay structure of 21.75' msl. The SHWT for the stormwater pond area is estimated by morphology to be at 23 inches below the existing soil surface. The topographic survey shows this area to be 23.6' msl and would result in a SHWT within the forebay structure of 21.68' msl. Please do not hesitate to contact me if you have any questions regarding the soil resources below any proposed stormwater device that is proposed within the study area. I may be reached at 910-452-0001, or at cturner@lmgroup.net. Stormwater Soils.doc S.0 Certification Number 57 Sincerely, G. Craig Turner NC Licensed Soil Scientist, #1091 SC Professional Soil Classifier, #57 Stotmwatu Soils.doc - Z' MUG uo ur as a�a Town of Carolina Beach NORTH CAROLINA It! IN. Like Park Blvd. Carolina Qea<fr. Noah C'aro6oa 28428 Municipal Operations Depannecat Steve PaPJev, Director of Public Works & Public Utilitia Harry Oak". Assistant Director of Public Works & Public Urlitie 910-45&8291(plwne) 910.458-1528(fax) Date : August 8, 2007 Re : Island Palms Drainage To whom it may concern, Based upon stormwater plans presented by Rick Rogge, the Town of Carolina Beach permits the connection of the overflow from the Island Palms stormwater system into the Town of Carolina Beach drainage system. Sincerely, Briantanbet}s�� StormwaterSuperintendent `Gown Of Carolina Beach Island Palms Subject: Island Palms From: Linda Lewis <linda.lewis@ncmail.net> Date: Thu, 19 Jul 2007 12:58:10 -0400 To: Jeff Malpass <jeffmalpass@bizec.rr.com> Jeff: The Division received an incomplete stormwater application on June 29, 2007 for the subject project. In order to accept the application for review, and to avoid having to redesign the project to meet NPDES Phase II requirements, please address the following by close of business on Monday, July 23, 2007: 1. The signature page of the application is missing. 2. The signature page of the supplement form is missing. Thanks, Linda 1 of 1 7/19/2007 12:58 PM THE CLARK GROUP Geo-Environmental Services Land/Hydrographic Surveys June 6„2007 Jeff Malpass Malpass Engineering, P.C. 1134 Shipyard Blvd. Wilmington, N.C.28412 Re: Island Palms' Dear Mr. Malpass, This correspondence is in regard to the tract of land located at 512 North 71h Street in Carolina Beach, County of New Hanover, and State of North Carolina. The purpose of this report is regarding the jurisdictional limits of waters and wetlands of the United States that are subject to jurisdiction under Section 404 of the Clean Water Act as referred to in 33 CFR parts 320- 330 defining the regulatory authority over areas that meet or exceed the criteria as set forth within the Corps of Engineers YR 87 Manual for the determination of areas that would be subject to this regulatory authority. Based on my onsite inspection conducted on June 2, 2007, my review of the data obtained and included with the correspondence and my experience with these matters, it is my opinion that there are no areas contained within the described parcel (see attachment) that would satisfy the mandatory parameters to be considered jurisdictional under the aforementioned authority. I appreciate the opportunity to assist with this matter and if you have any questions or comments, please do not hesitate to contact us at (910)602-3900. Si ly, Gary A. Mitchell Regulatory Wetlands Consultant Corporate Office: 5000 Blue Clay Rd. Castle Hayne, NC 28429 • P.O. Box 10136 Wilmington, NC 28404 (910) 602-3900 Office • (910) 602-3975 Facsimile • www.clarkgroup.us DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Island Palms Date: 6/2/07 County: New Hanover Applicant / Owner: Jeff Malpass Investigator: The Clark Group State: North Carolina Do normal circumstances exist on the site? Yes X No Community ID: upland Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: upland Is the area a potential problem area? Yes No X Plot ID: upland (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pinus valustris T FACU+ 9. 2. Ouercus virginiana T FACU+ 10. 3. Mvrica cerifera S FAC+ 11. 4. Aristida spp. H FAC 12. 5. Smilax rotundifolia V FAC 13. 6. 14. 7. 15. 8. 16. Percentof Dominant Species that are OBL, FACW, or FAC excluding FAC-). 60% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): _ Stream, Lake, or Tide Gauge _ Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil: Remarks: Wetland Hydrology Indicators Primary Indicators: N/A Inundated _Saturated in Upper 12" Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands >24 (in.) Secondary Indicators: N/A Oxidized Roots Channels in Upper 12" >24 (in.) Water -Stained Leaves Local Soil Survey Data >24 (in.) FAC-Neutral Test Other (Explain in Remarks) SOILS Map Unit Name (Series and Phase): Rimini Drainage Class: Excessive Taxonomy (Subgroup): Entic Haplohamods Confirm Mapped Type? Yes_ No_ Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) AbundancelContrast Structure. etc. 0-3 A 10YR4/1> Sand 3-40 B 10 YR4/1 < Sand Hydric Soil Indicators: N/A Histosol N/A Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _Organic Streaking in Sandy Soils Aquic Moisture Regime _Listed On Local Hydric Soils List Reducing Conditions _Listed on National Hydric Soils List Gleyed or Low-Chroma Colors —Other (Explain in Remarks) Remarks: Not a hydric soil WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes _ No X Wetland Hydrology Present? Yes _ No X Hydric Soils Present? Yes _ No Remarks: Is the Sampling Point Within a Wetland? Yes_ No X r INFILTRATION SITE VISIT REQUEST Name of the project: Island Palms `� Location (attach a clear vicinity map): 512 Directions from the nearest major intersection: f r +ire interc"On Br, 132(S,C„1iw M) '-� u M2.1 (4yali- 8 tr(A Wry., GLpdai soul on Us V1, In r� en N ba ftl d tirove , 0,5 er. Turn left on Owner/Applicant Name: Cooks breawx Homes LL- - Consultant Name: MQIP4ss E109meerino, PC, Consultant Contact Information: P�oee: 9l1-s4z 5zy3 t-F4C 910-3f2-52o3 r C"k -i*K- 4l wP) w mesm Phone, raK ere ,1811 wl'?AWINWII�i-� Existing ground elev. @basinitrench= 2 / 2,4,5 24,5 SHWT elev,= 2242 22,34 22.5 GHWT plus 2' (Max. bottom elev,)A 24.12 24.34 2-4.5 Date/Tlme of Soils Investigation : summary/comments: �J I All proposed infiltration aroas and existing, active utility Ilnes located within the propoeed baein/trenoh must be marked and flagged. If these areas are not flagged, the Soils Scientist reserves the right to decline to do the Investigation, If the proposed Infiltration system will be located In an area of existing pavement and there is no open, area nearby, equipment capable of breaking through the impervicue ayer must be provided. The sods investigation does not take the plaCe of a soils report prepared by an appropriate professional, The Soils Scientist will only verity the soll conditions that are reported in the Soils Report, and make el determination as to the suitability of the site to meet the infiltration design requirements under NCAC 2H,1000, and assumes no liability should the system fall. Z0 39Vd 9NIa33NI9N3 SSVdIVW VTZOEVE016T TZ:90 L00Z/9Z/00 04/25/2007 06:21 19103430214 MALPASS ENGINEERING PAGE 03 x � � o FERN CRFEK \N M m m m D - r, BIRCH CT n � r N SfVENr sr ECS Carolinas, LLP FOLLP Geotechnical • Construction Materials • Fnvironmental +&ABYCb1611 W /6� ' April 6, 2007 Mr. Jeff Malpass, P.R. Malpass Engineering 1134 Shipyard Blvd. Wilmington, North Carolina 28412 Re: Infiltration Evaluation Island Palms Carolina Beach, North Carolina ECS Project No. 22.12963 Dear W. Malpass, ECS Carolinas, LLP (ECS) recently conducted an infiltration evaluation for the proposed infiltration areas at the proposed site at 512 North Th Street in Carolina Beach, North Carolina This letter, with attachments, is the report of our evaluation. Field Testing On March 30, 2007 ECS conducted an exploration of the subsurface soil and ground water conditions at three requested locations shown on the attached Site Diagram. The purpose of this exploration was to obtain subsurface infornution of the suitability of the in -plan soils for the proposed infiltration area. We explored the subsurface soil and ground water conditions by advancing one hand auger boring into the existing ground surface at the three requested boring locations. We visually classified the subsurface soils and obtained representative samples of each soil type encountered. We also recorded the Around water level observed at the time of each hand auger boring. The attached Infiltration Evaluation Form provides a summary of the subsurface conditions encountered at each hand auger boring location. The ground water level and the seasonal high ground water level (SHWL) were estimated at each boring location below the existing grade elevation. Below is a summary of each boring location. B2!kg Location Water Level SRWL B-1 65 inches inches B-2 32 inches 26 inches B-3 32 inches 24 inches We have conducted two infiltration tests near our hand auger borings B-1 and B-3 to estimate the infiltration rate for the subsurface soils. The infiltration tests are typically conducted at two feet above the SH WL. 7211 Ogden Business Park • Suite 201 • Wilmington, NC 28411- (910) 686-9114 • Fax (910) 686-9666 00 39Vd 9NIb33NI9N3 SSVdIVW VIZOEbEOT6T TZ:90 L00Z/SZ/00 InBlgetion Evaluation Island Palms Wilmington, North Carolina ECS Project No. 22.1290 Field Test Results Below is a summary of the infiltration test results: Boring Location Description Depth Inches/hour Inches/miauto B-1 Grey fine to 31 inches 27.0 0.45 medium SAND B-3 Grey fine to 10 inches 25.8 0.43 medium SAND Infiltration rates may vary within the proposed site due to changes in subsurface conditions. If you have any questions regarding this report, please contact us at (910) 686-9114, Respectfully, ECS CAROLINAS, LLP w k1 K. Brooks Wall Staff Geologist Attachments: Site Diagram Intiltration Evaluation VUk r Walid M. obh P. E. Principal Engineer NC License No. 22983 90 39Vd 9NId33NI9N3 SSCdIVW VIL0EbEOTET TL:90 L00L/SL/b0 INV-=212.0 INV.0 Pond Ara �+ INV-19.0 a� 111a' Lot 9 TOP+25.0 ` \ IN A.9� lot it Lot 10: Ir 1—iau� 0 ll , _ C H—B =2a.0 •21.25 t — ,oaV ; TO 25. i I It ;un 'IN .�19. �� � � � � • 11 t oeian a.SSMH 3 —LLLL3lIU19iN O.6G ' lot 9 V-lV y rat Ss SOMH 10�' 4 1 n COP= 6.o/ 1 �r INV-2 ,B 9'RGP 1� ' SI u lo' TWC B 4�NIf �INC Berl is a9.P g, c Tl.a' I� etN •, 00 E 102 r—_—TO 20.3 . u�4 TRH 0 a �. Z6Lot 14 2 Lat 2' I �r .� SDCB••1 BB � 1 � i 1 1.�INV=22.(`A �' 21.1 n f / EUIa Brown kUPGSEG 6" WATER AIN 00 1239, f g 831 7P ,I I _ I 1d 18 I lot I TOP=2. °l .. Z i j INVu:2 SIDEWALK I a // INN r lot 12`.� t1 idi c� II :b \ TArPINO LLCE Ar VALV RELOCATE E.H. TO NORiNi;, / � 1 sav ' ___ S II '. 5IDEWALK ev,AP IM LO ION OF E4571140 t \_y Tie°tP0"m��.� Tan or Be mark Seventh Street Northm 15, R VW11 9. 9' RMe3l Wlm-'eo.av 30' R (50' Public Inwt9.afi I iGz o4roK, C7.2--------__--_ _ inutro,{or"Cu varuly axatl Ieoatlon of Quit tmg etorm ;f 8691 QA agH-I gN7?J33NI9NH SStld1VW OTNEbE0TST TZ:90 L00Z/GZ/ 10 Infiltration Evaluation Island Pahns Carolina Beach, North Carolina ECS Project No. 22.12963 March 30, 2007 Location Depth Soil Description #1 0-65" Grey fine to medium SAND Seasonal High Water Table was estimated to be at 55 inches below the existing grade elevation, Infiltration Rate: 27.0 inches per minute (OAS inches per hour) Test was conducted at 31 inches below existing grade elevation Ground water was encountered at 65 inches below the existing grade elevation. Location Depth Soil Description #2 0-4V Grey fine to medium SAND Seasonal High Water Table:was estimated to be at 26 inches below the existing grade elevation. No test was conducted Ground water was encountered at 32 inches below the existing grade elevation. Location Depth Soil Description 03 0-26" Grey fine to medium SAND Seasonal High Water Table was estimated to be at 24 inches below the existing grade elevation. Infiltration Rate: 25.8 inches per minute (0.43 inches per hour) Test was conducted at 10 inches below existing grade elevation Ground water was encountered at 32 inches below the existing grade elevation, L0 39dd 9NI833NI9N3 SSVdIVW bTZOEbEOT6T TZ:90 L00Z/SZ/00 I ZuuIuiY uyaJ SOS I D: 09114358 Date Filed: 3/20/2007 5:50:00 PM Elaine F. Marshall North Carolina Secretary of State C200707900983 ARTICLES OF ORGANIZATION OF ISLAND PALMS, LLC Pursuant to 57C-2-20 of the General Statutes of North Carolina, the undersigned hereby submits these Articles of Organization for the purpose of forming a Limited Liability Company. 1. The name of the Limited Liability Company is ISLAND PALMS, LLC. 2. There shall be no limit on the duration of the Limited Liability Company. 3. The name and address of each organizer executing the Articles of Organization isas follows: Dean R. Davis 1508 Military Cutoff Road, Suite 102 Wilmington, N.C. 28403 4. The street address and county of the initial Registered Office of the Limited Liability Company is 1003 Suite D Bennett Avenue, Carolina Beach North Carolina 28428. 5. The mailing address if different from the street address of the initial Registered Office is: P.O. Box 306 Carolina Beach, North Carolina 28428. 6. The name of the initial Registered Agent is Steven H. MacCurry. 7. The street address and county of the principal office of the limited liability company is 1003 Suite D Bennett Avenue, Carolina Beach North Carolina 28428. The mailing address and county of the principal office of the limited liability company is: P.O. Box 306 Carolina Beach, North Carolina 28428. 8. Check one of the following: _ Member -managed LLC: all of the members by virtue of their status as members shall be managers of this Limited Liability Company. X Manager -managed LLC: except as provided by NCGS §57C3-20(a), the members of this Limited Liability Company shall not be managers by virtue of their status as members. 9. These Articles will be effective upon filing. This the /It —day of March, 2007. Dean R. Davis, Organizer issued EIN Page I of I ;sus Internal i Revenue 0EPRRTIIEIIT UE THE TRBS)UR'i Service '1 Daily Federal Tax ID / EIN This is your provisional Employer Identification Number: 20-8675870 Today's Date is: March 21. 2007 GMT ^I roll •vN,!. rr;ceie a cr.nf:rmailon if, in U.3_ rnFail-.�ih�i�, IlFeen days. The loiter will also contain useful fax In`Prmation for your business or organ; .ahon. If yo:a have. input any of the, !inform itOn'or. your apnliration in error. please wait sever, ('-ays and contact the EIN Toll Free area al i-800-829-4933, Monday - Friday. 7:302m - 5:30pm. Ifjyou do not',vant to call. please malke corrections on the letter yru rareive confirming your EIN and return it to the IRS. If you are going to complete other on-line-ipplicatlons that require your Emplov, Identification Numb^r(EIN) you can copy It by performing the following steps: i ) Use your mouse to highly light your EIN (blue number on top of page) by moving your pointer on top of the number. ^j Press the Ctrl key at the same time pressing the C key. Once you copy your EIN Ctrl key at the same time You may click on the buffo Form SS-4. can paste it in the appropriate place by Pressing the. ;sing the V key. below for different Print options or to fill out another Review and Print Form SS-4 Fill Out Another Form SS-4 Click here to return to the Internet Employer Identification Number landing (start) page. 1/11 0nn7 TING AGREEMENT OF AND PALMS, LLC THIS OPERATING AGREEMENT (this "Agreement") of ISLAND PALMS, LLC, (the "Company") a Limited Liability Company organized pursuant to North Carolina Limited Liability Company Act, is executed effective as of the _ day of March, 2007, , by and among the Company and the persons executing this Agreement as the initial Members (as defined below). ARTICLE I - DEFINITIONS i 1.1 Definitions. The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): (a) "Act" means the North Carolina Limited Liability Company Act, as the same may be amended from time to time. (b) "Adjusted Capital Account, means, with respect to a Member, the balance in such Member's Capital Account at the end of the relevant fiscal year, as determined in accordance with Treasury regulation Section 1.704-1(b)(2)(iv). (c) "Articles ofOrgauization' means the Articles of Organization of the Company filed with the Secretary of State, as amended or', restated from time to time. (d) "Capital Account" means for each Member the account established pursuant to Section 8.2 hereof and maintained in accoi rdance with the provisions of this Agreement. (e) "vital Contribution" means any contribution to the capital of the Company in cash or property by a Member whenever made and "Capital Unit" shall represent the unit value assigned to each capital contribution which shall be one unit for each 51,000.00 contribution. (f) "Code" means the Internal Revenue Code of 1986, as amended from time to time (and any corresponding provisions of succeeding law). i (g) "Distributable Cash" means, with respect to the Company for a period of time, all funds of the Company on hand or in bank accounts of the Company as, in the discretion of the Managers, is available for distribution to the Members after provision has been made for (i) payment of all operating expenses of the Company as of such time; (ii) provision for payment of all outstanding and unpaid current obligations of the Company as of such time, and (iii) provision for such reserves as the Managers deem necessary or appropriate for Company operations. (h) "Fiscal Year" means the calendar year, provided that the first Fiscal Year of the Company shall commence on March 20, 12007, and continue through December 31, 2007. (i) 'Income meansjor each Fiscal Year or other period, each item of income and gain as determined, rccognized and classified for federal income tax purposes, provided that any income or gain that is exempt from federal income tax shall be included as if it were an item of taxable income. i l C 't I Contribution" means the initial contribution to the capital of the Q) In t a apt a Company made by a Member pursuant to Section 8.1(a) of this Agreement. ;h Fiscal Year or other period, each item of loss or deduction federal income tax purposes, increased by (i) expenditures (ii) expenditures contemplated by Section 709 of the Code election is properly made under Section 709(b) of the Code), for a loss incurred in connection with the sale or exchange of Company under Section 267(a)(1) or Section 707(b). (k) "Loss" means, tot as determined, recognized and classified described in Section 705(a)(2)(B) of the C (except for amounts with respect to which and (iii) expenditures resulting in a deduct Company property that is disallowed to tt (1) "Maiority"me of any of such Managers constituting referenced group who are then elected with respect to any referenced group of Managers, a combination c than fifty percent (50%) of the number of Managers of such qualified. (m) "Majority of Interest" means, with respect to any referenced group of Members, a combination of any of such Members who, in the aggregate, own more than fifty percent (50%) of the Membership Interests owned by all of such referenced group of Members. (n) "Manager" means each entity designated as a Manager on Schedule II, hereto, or any other Person that succeeds such Manager in his capacity as Manager or any other Persons who are elected to act as Managers of the Company as provided herein. "Managers" refers to such Persons as a group. (o) "Member" means,each entity designated as a Member of the Company on Schedule I hereto, or any additional Member admitted as a Member of the Company in accordance with ARTICLE X. "Members" refers to such Persons as a group. i (p) "Membership Interest" means all of a Member's rights in the Company, including without limitation, the Member's share of the profits and losses of the Company, the rights to receive distributions of the Company's assets, any right to vote and any right to participate in the management of the Company as provided in the Act and this Agreement. As to any Member, Membership Interest shall mean the percentage set forth opposite such Memmber's name on Schedule I hereto. (q) "Net Income" and "Net Loss" means, for each Fiscal Year or other relevant period, (i) the excess of the income for such period over the Loss for such period, or (ii) the excess of the Loss for such period over the Income for such period, respectively; provided, however, that Net Income and Net Loss for a Fiscal Year or other relevant period shall be computed by excluding from such computation any Income specially allocated under Section 8.1. (r) "Person" means an individual, a trust, an estate, or a domestic corporation, a foreign corporation, a professional corporation, a',.partnership, a limited partnership, a limited liability company, a foreign limited liability company, an unincorporated association, or another entity. (s) "Secretary of State" means the Secretary of State of North Carolina. (t) "Treasury Regulations" means the Income Tax Regulations and Temporary Regulations promulgated under the Code,;as such regulations may be amended from time to time (including corresponding provisions of succeeding regulations). -2- I ARTICLE II - FORAIATION OF THE COMPANY 2.1 Formation. The Company was formed on March 20, 2007, upon the filing with the Secretary of State of the Articles of Organization of the Company. In consideration of the mutual promises, covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the rights and obligations of the parties and the administration and termination of the Company shall be governed by this Agreement, the Articles of Organization and the Act. j 2.2 Name. The business and affairs of the Company shall be conducted under the name ISLAND PALMS, LLC. The name of the Company may be changed from time to time by amendment of the Articles of Organization. The Company may transact business under an assumed name by filing an assumed name certificate in the manner prescribed by applicable law. 2.3 Registered Office and Registered Agent. The Company's registered office shall be 1003 Suite D Bennett Avenue, Carolina Beach, New Hanover County. North Carolina 28428, the mailing address is PO Box 306, Carolina Beach, North Carolina 28428, and the name of its initial registered agent at such address shall be Steven H. MacCurry. 2.4 Principal Place of Business. The principal place of business of the Company within the State of North Carolina shall be 1003 Suite D Bennett Avenue, Carolina Beach, New Hanover County, North Carolina 28428. The Company may locate its place(s) of business and registered office at any other place or places as the Managers may from' time to time deem necessary or advisable. 2.5 Term. There shall be no limit on the duration of the Limited Liability Company, as specified in the Company's Articles of Organization, unless the Company is earlier dissolved and its affairs wound up in accordance with the pi ovisions of this Agreement or the Act. 2.6 Purposes and Powers. (a) The Company may engage in any lawful business for which limited liability companies may be organized under the Act unless a more limited purpose is stated in the Articles of Organization. i (b) The Company shall have any and all powers which are necessary or desirable to carry out the purposes and business of the Company, to the extent the same may be legally exercised by limited liability companies under the Act! The Company shall carry out the foregoing activities pursuant to the arrangements set forth in the Articles of Organization and this Agreement. 2.7 NatureofMer be personal property for all purposes. Company. Neither any Member nor a right, title or interest in or to any Comp Company. Interests may be evidenced such form as the Managers may detern ARTICLE III - 3.1 Management. Managers. In addition to the powers a Managers, the Managers shall have full a the business of the Company, including rs' Interests. The interests of the Members in the Company shall ;al title to all Company assets shall be held in the name of the essor, representative or assign of such Member, shall have any property or the right to partition any real property owned by the a certificate of membership interest issued by the Company, in AND DUTIES OF MANAGERS e business and affairs of the Company shall be managed by the authorities expressly conferred by this Agreement upon the complete authority, power and discretion to manage and control t not limited to operating company property, leasing the same -3- upon such conditions and terms as the managers deem appropriate to make all decisions regarding those matters and to perform any and all other acts or activities customary to or incidental to the management of the Company's business, except only as to'those acts and things as to which approval by the Members is expressly required by the Articles of Orgarization, this Agreement, the Act or other applicable law. At any time when there is more than one Manager;, (i) any one Manager may take any action permitted to be taken by the Managers, unless the approval of moire than one of the Managers is expressly required pursuant to this agreement or the Act and (ii) the Managers may elect one or more officers who may but need not be Members or Managers of the Company, with such titles, duties and compensation as may be designated by the Managers, subject to applicable restrictions specifically provided in this Agreement or contained in the Act. 3.2 Number and Qualifications. There shall initially be two (2) Managers of the Company, who may be a Member who executed and filed the Articles of Organization of the Company. The names and consent of the Managers to serve as such shall be evidenced by his execution of this Agreement, or on Schedule II attached hereto and made a part hereof, as amended upon any change of Mangers. The number of Managers of the Company may be fixed from time to time by the affirmative vote of a Majority in Interest of all of the Members, but in no instance shall any decrease in the number of Managers have the effect of shortening the term of any incumbent Manager. Managers need not be residents of the State of North Carolina or Members of the Company. 3.3 Election and Term of Office. Managers shall be elected at the annual meeting of the Members (except as provided in Sections 3.5 and 3.6). Each Manager shall hold office until the Manager's successor shall have been elected and qualified, or until the death or dissolution of such Manager, or until his or its resignation or removal from office in the manner provided in this Agreement or in the Act. 3,4 Resignation. Ai written notice to all of the Members of the receipt of notice thereof or at such later specified therein, the acceptance of sue resignation of either or both of the two per the LLC. 3.5 Removal. At all or any lesser number of Managers affirmative vote of a Majority in Int Managers. In case any vacancy so crea may be filled by the Managers as prov 3.6 Vacancies. Any may be filled by the affirmative vote of Managers by reason of an increase in the shall be filled by an affirmative vote of a Members or at a special meeting of Mem 3.7 Inspection of I all books and records of the Company Manager. Manager of the Company may resign at any time by giving ompany. The resignation of any Manager shall take effect upon me as shall be specified in such notice, and, unless otherwise resignation shall not be necessary to make it effective. The ns signing the original Articles of Organization will not dissolve special meeting of the Members called expressly for thatpurpose, y be removed at any time, either with or without cause, by the t of all the Members then entitled to vote at any election of shall not be filled by the Members at such meeting, such vacancy i in Section 3.6. cancy occurring for any reason in the Managers ofthe Company Majority of Managers, except for a vacancy occurring in the amber of Managers, which [aioritv in Interest of all the Members at an annual meeting of called for that purpose. cs and Records. Any Manager shall have the right to examine a purpose reasonably related to such Manager's position as a 3.8 Compensation. ;The compensation of the Managers of the Company shall be fixed from time to time by an affirmative vote of a Majority of Interest of the Members or by contract approved by an affirmative vote of a Majority in interest of the members, and no Manager shall be prevented from I -4- i receiving such salary by reason of the fact that he is also a Member of the Company 3,9 Committees of the Managers. The Managers, by resolution, may designate from among the Managers one or more committees, each of which shall be comprised of one or more of the Managers, and may designate one or more; of the Managers as alternate members of any committee, who may, subject to any limitations imposed by the Managers, replace absent or disqualified Managers at any meeting of this committee. Any such committee, to the extent provided in such resolution or in this Agreement, shall have and may exercise all of the authority of the Managers, subject to any restrictions contained in this Agreement or Act. 3.10 Call of Funds. 'The Members recognize that the income produced may be insufficient to pay all costs. If, in the judgment of all Members, additional funds are required to pay such costs, the additional funds shall be called for by the Manager in proportion to each Member's ownership percentage. As used above, the term "costs" shall include, without limitation: principal and interest payments on Company loans; costs of repair, maintenance, and improvements; insurance premiums; taxes, utilities and any other normal cost of doing business. With regards to this provision, an automatic call for funds will be allowed by the Manager of the Company if working capital funds fall below S 10,000 (defined as cash in bank less all current obligations', due within thirty days). ARTICLE IV - MEETING OF MANAGERS 4.1 Place of Meeting', The Managers of the Company may hold their meetings, both regular and special, at any place within or'without the State of North Carolina. 4.2 Notice of Meeting. The first meeting of newly elected Managers shall be held immediately following the adjournment ,of the annual meeting of the Members. The Managers may otherwise meet at such intervals and at such time and place as they shall schedule. Special meetings of the Managers may be called at any time by no less than one-third of the then serving Managers for any purpose or purposes. Notice of such special meetings, unless waived by attendance or by written consent to the holdings of the special meeting, shall be given at least five (5) days before the date of such meeting to all Managers not calling the meeting. Notice of such special meeting shall state that it shall be held at the principal place of business of the Company, the date and hour of the special meeting, and its purpose or purposes. Absent the written consent ofa Majority of the Managers to take other action, the business transacted at such special meeting shall be limited to such purpose or purposes as stated in the notice. 4.3 Action by Managers; Quorum; Voting; Action Without Meeting. (a) A Majority of the Managers shall be necessary to constitute a quorum for the transaction of business. Every act or decision done or made by a Majority of the Managers present at a meeting duly held at which a quorum is present shall be regarded as the act of the Company, unless a greater number is required by law or by the Articles of Organization. (b) Managers may participate in any meeting of the Managers by means of conference telephone or similar communications equipment, provided all persons participating in the meeting can hear one another, and such participation in a meeting shall constitute presence in person at the meeting. (c) All votes require$ of Managers hereunder may be by voice vote unless a written ballot is requested, which request may be!made by any one Manager. i -5- I (d) Any action which under any provision of the Act or this Agreement is to be taken at a meeting of the Managers may be taken without a meeting by written consent signed by all Managers who would be entitled to vote upon such action at a meeting. Such written consent must be kept with the records of the Company. 4.4 Adjournment. Ai Majority of the Managers present may adjourn any Managers' meeting to meet again at a stated day and hour or until the time fixed for the next regular meeting of the Managers. ARTICLE V - MEMBERS 5.1 Interests of the Members are as i Schedule shall be amended by the of any Membership Interest. 5.2 Admission of Names and Addresses of Members in Schedule I attached hereto and made a part hereof, which v as of the effectiveness of any transfer or subsequent issuance The names, addresses and Membership (a) In the case of a Person acquiring a Membership Interest directly from the Company, the Person shall become a Member with respect to such Membership Interest upon compliance with the requirements of ARTICLE X and making the Capital Contribution specified in Section 8.1. (b) An ; compliance with requirements of AR (c) Any or is otherwise prohibited from being ARTICLE of a Membership Interest shall become a Member on X. may become a Member unless such Person lacks legal capacity ed by applicable law. - MEETINGS OF MEMBERS 6.1 Annual Meetings of Members. An annual meeting of the Members will be held at such time and date at the principal office of the Company or at such other place within or without the State of North Carolina as shall be designated liy the Managers from time to time and stated in the notice of the meeting. The purpose of the annual meeting need not be enumerated in the notice of such meeting. 6.2 Special Meetings of Members. Special meetings of the Members may be called by the Managers or by the holders of not less than ten percent (10%) of all the Membership Interests. Business transacted at all special meetings shall be confined to the purpose or purposes stated in the notice. 6.3 Notice of Meetings of Members. Written notice stating the place, day and hour of the meeting and, additionally in the case of special meetings, stating the principal place of business of the Company as the location and the purpose or purposes for which the meeting is called, shall be delivered not less than three (3) nor more than sixty (66) days before the date of the meeting, to each Member of record entitled to vote at such meeting. 6.4 Record Date. 1 vote at any meeting of Members or any a distribution, or to make a determination the purpose of determining members entitled to notice of or to urnment thereof, or Members entitled to receive payment of any Members for any other purpose, the date on which notice of the meeting is mailed or the date on which such distribution is declared, as the case may be, shall be the record date for such determination of Members. When a determination of Members entitled to vote at any meeting of Members had been made as provided in this Section, such determination shall apply to any adjournment thereof. 6.5 Quorum. A Majority in Interest of the Members shall constitute a quorum at all meetings of the Members, except as otherwise provided bylaw or this Agreement. Once a quorum is present at the meeting of the members, the subsequent withdrawal from the meeting of any Member prior to adjournment or the refusal of any Member to vote shall not affect the presence of a quorum at the meeting. If, however, such quorum shall not be present at the opening of any meeting of the Members. the members entitled to vote at such meeting shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until the holders of the requisite amount of Membership Interests shall be present or represented. 6.6 Actions by Mem for which the affirmative vote of the holder is required by law, the Articles of Orgs affirmative vote of a Majority in Interest actions of the Members provided for herei action which may be taken by the Membe writing, set forth the action so taken, an Members may participate in any meeting communications equipment, provided all p participation in a meeting shall constitute !r Other than for Election of Managers. Except for a matter of a greater portion of the Membership Interests entitled to vote ization or this Agreement, the act of Members shall be the f all the Members represented and voting at the meeting. All may be taken by written consent without a meeting. Any such without a meeting shall be effective only if the consents are in are signed by all Members eligible to vote on such action. f the Members by means of a conference telephone or similar sons participating in the meeting can hear one another, and such resence in person at the meeting. 6.7 Action by Memiers to Elect Managers. For purposes of voting on the election of Managers, Managers shall be elected auany meeting of the Members at which a quorum is present, by a plurality of the Membership Interests represented and voting at the meeting. 6.8 List of Members, Entitled to Vote. The Managers shall make, at least three (3) days before each meeting of Members, a complete list of the Members entitled to vote at such meeting, or any adjournment of such meeting, arranged in alphabetical order, with the address of and the Membership Interests held by each which list, for a period of three (3) days prior to such meeting, shall be kept on file at the registered office of the Company and shall be subject to inspection by any Member at any time during usual business ours. Such list shall also be. produced and kept open at the time and place of the meeting and shall be subject to inspection by any Member during the continuance of the meeting. However, failure to comply with the requirements of this Sectii n shall not affect the validity of any action taken at such meeting. 6.9 Registered Members. The Company shall be entitled to treat the holder of record of any Membership Interest as the holder in fact of such Membership Interest for all purposes, and accordingly shall not be bound to recognize any equitable or other claim to or interest in such Membership Interest on the part of any other person, whether or not it shall have express or other notice of such claim or interest, except as expressly provided by Phis Agreement or the laws of North Carolina. 6.10 Consent to Operations. Except for those actions previously allocated to the Managers in Article III or elsewhere in this Agreement, all other actions shall require majority approval of the Members, provided, however, the Members expressly authorize the Managers with consent of the Members holding a majority in interest to: i -7- (a) Execute on behalf of the Company any, contract of sale, deed, deed of trust, mortgage, note, security agreement or other conveyance debt or security instrument. (b) Assign, transfer, pledge, compromise or release any of the claims of or debts due the Company. i (c) Change the business office, registered office or registered agent of the Company. (d) Make or revoke any election available. to the Company under the Code. ARTICLE VII - LIMITATION OF LIABILITY AND INDEMNIFICATION OF MANAGERS AND MEMBERS 7.1 Limitation of Liability. No Manager or Member of the Company shall be liable to the Company or its Members for monetary damages for an act or omission in such person's capacity as a Manager or Member, except as provide in the Act for (i) acts or omissions which a Manager knew at the time of the acts or omissions were clearly in conflict with the interests of the Company, (ii) any transaction from which a Manager derived an improper personal benefit, or (iii) acts or omissions occurring prior to the date this provision becomes effective. If the Act is amended to authorize action further eliminating or limiting the liability of Managers and Members, then the liability of a Manager or Member of the Company shall be eliminated or limited to the fullest extent permitted by the Act as so amended. Any repeal or modification of this section shall not adversely affect the right or protection of a Manager or Member existing at the time of such repeal or modification. 7.2 Indemnificationl' The Company shall indemnify the Managers and Members to the fullest extent permitted or required by the Act, as amended from time to time, including costs of defense including reasonable attorneys fees, and the Company may advance expenses incurred by the Manager or Member upon the approval of the Managers and the receipt by the Company of an undertaking by such Manager or Member to reimburse the Company unless it shall ultimately be determined that such Manager or Member is entitled to be indemnified liy the Company against such expenses. The Company may also indemnify its employees and other representatives or agents up to the fullest extent permitted under the Act or other applicable law, including costs of defense including reasonable attorneys fees, provided that the indemnification in each such situation is first approved by Members owning a Majority in Interest. 7.3 Other Rights. Tteindemnification provided bythis Agreement shall (i)bedeemed exclusive of any other rights to which a person seeking indemnification may be entitled under any statute, agreement, vote of Members or disinterested Managers, or otherwise, both as to action in official capacities and as to action in another capacity while;holding such office, (ii) continue as to a person who ceases to be a Manager or Member, (iii) inure to the benefit of the estate, heirs, executors, administrators or other successors of an indemnitee, and (iv) not be deemed to create any rights for the benefit of any other person or entity. 7.4 Report of Members. The details concerning any action to limit the liability, indemnify or advance expense to a Manager, Member or other, taken by the Company shall be reported in writing to the Members with or before the notice or waiver of notice of the next Members' meeting or with or before the next submission to Members of a consent to action without a meeting or, if sooner, separately within ninety (90) days immediately following the date of the action. ARTICLE VIII - CONTRIBUTIONS TO CAPITAL AND CAPITAL ACCOUNTS; LOANS I 8.1 Capital Contribution; Loans. (a) Upon execution of this Agreement, each Member agrees to contribute cash to the Company in the amount set forth as the Initial Capital Contribution of such Member on Schedule I, attached hereto. (b) If the Managers determine that the Initial Capital Contributions are insufficient to carry out the purposes of the Company, the Managers may request that the Members make additional contributions to the capital of the Company. If a Majority in Interest of the Members approve such request, then each of the Members shall be obligated to make such additional contributions (each an "Additional Capital Contribution") to the Company ratably in accordance with such Members' then existing Membership Interest within the time period approved.by the Majority in Interest of the Members. In the event any Members fails to fulfill any commitment ;to contribute additional capital (the "Defaulting Member"), the Managers may elect to allow the remaining Members (the "Lending Members") to contribute to the Company, pro rata by Membership Interest, such Additional Capital Contribution. Any Member who makes a contribution to the Company pursuant toj this Article for another Member shall have the option to (i) treat the contribution as additional capital of the Company, or (it) treat the contribution as a loan to the defaulting Member, which election shall be made, in (writing, at the time the contribution is made. If the contributing Member elects to treat his contribution as additional capital, such funds shall be allocated toward the purchase of additional capital ownership After such contributions are made, each Member percentage interest in the profits, losses and cash flow of the Company shall be adjusted and determined by dividing the aggregate shares of all the Members in the Company into the aggregate shares of each Member. The resulting quotient with respect to each Member shall be the adjusted percentage interest of such Member. Such adjusted percentage interest of each Member shall supersede the percentage interest of such Member as set forth in Schedule I. If the contributing Member elects to treat his contribution as a loan to the defaulting Member, the amount advanced by the Member on behalf of the defaulting Member shall be a debt of the defaulting Member to the contributing Member and shall bear interest at the rate of Central Carolina Bank prime rate plus two percent (2%) pei annum. Thereafter, all distributions of cash from the Company due to the defaulting Member shall be paid to the Member (or pro rata to each Member) who elected to treat a contribution as a loan, until such time as the principal and interest of the loan, are paid in full. (c) No Member shall be paid interest on any Capital Contribution to the Company. i i (d) In addition to the loans to the Defaulting Member provided for in Section 8.1(b) above, upon approval of the terms thereof by the Managers, any Member or Members may make a loan to the Company upon commercially reasonable terms. If more than one Member desires to participate in making such loans, the amount which the Company wishes to borrow shall be loaned by the Lending Members in amounts proportionate to their relative percentage of Membership Interest. Loans by a Member or Members to the Company shall not be considered Capital Contributions. 8.2 Capital (a) The Company shall maintain a separate capital account (each a "Capital Account") for each Member pursuant to the principles of this Section 8.2 and Treasury Regulation Section 1.704- 1(b)(2)(iv). The Initial Capital Account of each member shall be the Initial Capital Contribution of such Member. Such Capital Account shall be increased by (i) the amount of the subsequent Capital Contributions of such member to the Company under Section 8.1 and (ii such Member's allocable share of Company Income and Net Income pursuant to Section 9.1. Such Capital Account shall be decreased by (i) the amount of cash distributed to the Member by the Company pursuant to Section 9.2 and (ii) such Member's allocable share of Loss and Net Loss pursuant to Section 9.1. (b) The provisions of this Section 8.2 and other portions of this Agreement relating to the proper maintenance of Capital Accounts are designed to comply with the requirements of Treasury Regulation Section 1.704-1(b). The Members intend that such provisions be interpreted and applied in a manner consistent with such Treasury Regulations. The Managers are authorized to modify the manner in which the Capital Accounts are maintained if the Managers determine that such modification (i) is required or prudent to comply with the Treasury Regulations and (ii) is not likely to have a material effect on the amounts distributable to any Member upon the dissolution of the Company. 8.3 Withdrawal or Reduction of Members' Contribution to Capital. (a) No Member shall have the right to withdraw all or any part of its Capital Contribution or to receive any return on an'y portion of its Capital Contribution, except as may be otherwise specifically provided in this Agreement. Under circumstances involving a return of any Capital Contribution, no Member shall have the right to receive property other than cash. (b) No member shall have priority over any other member, either as to the return' of Capital Contributions or as to Net Income', Net Losses, or distributions; provided that this subsection shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company. 8.4 Liability of Members. No Member shall be liable for the debts, liabilities or obligations of the Company beyond his or its respective Initial Capital Contribution and any Additional Capital Contribution required of such member pursuant to Section 8.1(b) above. Except as otherwise expressly provided herein, no Member shall be required to contribute to the capital of, or to loan any funds to, the Company. ARTICLE IX - ALLOCATIONS, DISTRIBUTIONS, ELECTIONS AND REPORTS 9.1 Allocations. Subject to the.provisos below, for purposes of maintaining Capital Accounts and in determining the rights of the Members among themselves, Net Income, or Net Loss, if any, for a Fiscal Year or other period, shall be allocated to the Members in proportion to their respective Membership Interests after giving effect to all Capital Account adjustments attributable to contributions and distributions of cash and property made during such Fiscal Year; provided, however, notwithstanding the provisions of the preceding clause of this Section 9.1, in the event any Member unexpectedly receives any adjustments, allocations, or distributions described in Treasury Regulation Sections 1.704. 1 (b)(2)(ii)(d)(4), 1.740-1(b)(2)(ii)(d)(5), or 1.704-1(b)(2)(ii)(d)(6) items of Income shall be specially allocated to such Member (consisting of a prorata portion of each item of Company Income, including gross income, for such year) in an amount and manner sufficient to eliminate such deficit, if any in such Member's Adjusted Capital Account, as quickly as possible. The foregoing proviso is intended to constitute a "qualified income offset" within the meaning of Section 1,704. 1 (bj(2)(ii)(d) of the Treasury Regulations and this proviso shall be interpreted consistently with such Regulations. -10- 9.2 Distributions. The Managers shall distribute Distributable Cash and other property at such times and in such amounts as they may determine, in their sole discretion. All distributions of Distributable Cash or other property shall be made to the members in proportion to their respective Membership Interests. Except as provided in Section 9.3, all distributions of Distributable Cash and property shall be made at such time as determined by the Managers. 9.3 Limitation Upon Distributions. No distribution shall be declared and paid if payment of such distribution would cause the Company to violate any limitation on distributions provided in the Act. 9.4 Allocations for Tax Purposes. Except as otherwise provided herein, each item of Income, Net Income or Net Loss of the Company shall be allocated to the Members in the same manner as such allocations are made for book purposes pursuant to Section 9.1. In the event of a transfer of, or other change in, and interest in the Company during a Fiscal Year, each item of taxable income and loss shall be prorated in accordance with Section 706 of the Code, using any convention permitted by law and selected by the Managers. i 9.5 Tax Status, Elections and Modifications to Allocations. (a) Notwithstanding any provision contained in this Agreement to the contrary, solely for federal income tax purposes, each of the Members hereby recognizes that the Company will be subject to all provisions of Subchapter K of the Code; provided, however, that the filing of all required returns thereunder shall not be construed to extend the purposes of the Company or expand the obligations or liabilities of the Members. (b) The Managers, in their sole discretion, may cause the Company to elect pursuant to Section 754 of the Code and the Treasury Regulations to adjust the basis of the Company assets as provided by Section 743 or 734 of the Code and the Treasury Regulations thereunder. The Company shall make such elections for Federal income tax purposes as may be determined by Managers, acting in their sole and absolute discretion. j (c) The Managers shall prepare and execute any amendments to this Agreement necessary for the Company to comply with the provisions of Treasury Regulations Sections 1.704-1(b), 1.704-1(c) and 1.704-2 upon the happening of any of the following events: (i) incurring any liability which constitutes a "nonrecourse liability" as defined in Treasury Regulation Section 1.704-2(b)(3) or a "partner nonrecourse debt" as defined in Treasury Regulations Section 1.704-2(b)(4); (ii) a constructive termination of the Company pursuant to Code Section 708(b)(1)(B); or (iii) the contribution or distribution of any property, other than cash, to or by the Company. 9.6 Tax Matters Partner. The Managers shall designate a Member serving as a Manager, or if there is none or if none are eligible to act, any Member, as the "tax matters partner" for federal income tax purposes. The tax matters partner is authorized and required to represent the Company in connection with all examinations of the Company's affairs by tax authorities, including resulting administrative andjudicia] proceedings, and to expend Company funds for professional services and costs associated therewith. The tax matters partner shall have the final decision making authority with respect to all Federal income tax matters involving the Company. The Members agree to cooperate with the tax matters partner to conduct such proceedings. Any direct out-of-pocket expense incurred by the tax matters partner in carrying out his obligations hereunder shall be allocated to and charged to the Company as an expense of the Company for which the tax matters partner shall be reimbursed. 9.7 Records and Reports. At the expense of the Company, the Managers shall maintain records and accounts of all operations and expenditures of the Company. The Company shall keep at its principal place of business the records required by the Act to be maintained there. 1 9.8 Books of Accounts. (a) The Company shall maintain the Company's books and records and shall determine all items of Income, Loss, Net Income and Net Loss in accordance with the method of accounting selected by the Managers, consistently applied. All !of the records and books of account of the Company, in whatever form maintained, shall at all times be maintained at the principal office of the Company and shall be open to the inspection and examination of the Members or their representatives during reasonable business hours. Such right may be exercised through any agent or employee of a Member designated by it or by an attorney or independent certified public accountant designated by such Member. Such Member shall bear all expenses incurred in any examination made on behalf of such Member. (b) All expenses in connection with the keeping of the books and records of the Company and the preparation of audited or unaudited financial statements required to implement the provisions of this Agreement or otherwiseineeded for the conduct of the Company's business shall be borne by the Company as an ordinary expense of its business. 9.9 Company Tax Return and Annual Statement. The Managers shall cause the Company to file a Federal income tax return and all other tax returns required to be filed by the Company for each Fiscal Year or part thereof, and shall provided to each person who at any time during the Fiscal Year or part thereof, and shall provide to each person who at any time during the Fiscal Year was a Member with an annual statement (including a copy of Schedule K•1 to Internal Revenue Service Form 1065) indicating such Member's share of the Company's income, loss, gain, expense and other items relevant for federal income tax purposes. Such annual statement may be audited or unaudited as required by the Managers. 9.10 Bank Accounts. The bank account or accounts of the Company shall be maintained in the bank approved by the Managers. The terms governing such accounts shall be determined by the Managers and withdrawals from such bank accounts shall only be made by such parties as may be approved by the Managers. ARTICLE X - TRANSFERABILITY OF MEMBERSHIP INTEREST, ADMISSION OF MEMBERS. 10.1 Transferability of Membership Interest. The term "transfer" when used in this Agreement with respect to a Membership Interest includes a sale, assignment, gift, pledge, exchange or other disposition. A Member shall not at any time transfer its Membership Interest except in accordance with the considerations and limitations set out in iSection 10.2. Any transferee of a Membership Interest by any means shall have only the rights, powers and privileges set out in Section 10.3 or otherwise provided by law and shall not become a Member of the Company except as provided in Section 10.4. 10.2 Restrictions on Transfers of Membership Interests. All or part of a Membership Interest may be transferred only after the Membership Interest has been offered to the Company and to the Members as provided in Section 10.6, and then only with the prior written approval of a Majority of the -12- Managers, which approval may be granted or denied in the sole discretion of the Managers. The Managers shall not so consent unless the proposed transferee shall have furnished the Company with an opinion of counsel, satisfactory in form and substance to such Managers, that neither the offering nor the proposed transfer will violate any Federal or applicable state securities law and that neither such offering or proposed transfer will adversely affect the Company from being taxed as a partnership for Federal income tax purposes. 10.3 Rights of Transferee. Unless and until admitted as a Member of the Company in accordance with Section 10.4, the transferee of a Membership Interest shall not be entitled to any of the rights, powers, or privileges of a member, except that the transferee shall be entitled to receive the distributions and allocations to which the Member would be entitled but for the transfer of his Membership Interest. 10.4 Admission of Transferee as Members. A transferee of a Membership Interest may be admitted as a Member of the Company upon furnishing to the Company all of the following: (a) The written consent of all the Members. (b) The acceptance, in a form satisfactory to a Majority of the Managers, of all the terms and conditions of this Agreement; and (c) Payment of such reasonable expenses as the Company may incur in connection with his admission as a Member. 10.5 Admission of New Members. New Members of the Company may only be admitted with the unanimous consent of the Members, upon compliance with all terms specified by the Managers and upon receipt by the Company of an opinion of counsel, satisfactory in form and substance to a Majority of the Managers, that neither the offering nor the proposed sale of the Membership Interest will violate any Federal or applicable state securities law and that neither such offering or sale will adversely affect the Company from being taxed as a partnership for Federal income tax purposes. 10.6 Voluntary Transfer of Membership Interest. (a) Offer of Membership Interest. If any Member (referred to as the "Seller") desires to sell or otherwise transfer all or any portion of his interest (capital units) in the Company to any person or entity, said Seller shall give the other Members at least thirty (30) days written notice of his intention to sell or otherwise transfer all or any portion of his interest in the Company. Such written notice shall include an offer to sell to Company and the other Members, in that order, the portion of the Seller's capital interest in the Company which is subject to the notice. (b) Purchase by Comnanv or Members. For thirty (30) days after receipt of such notice, the Company or the other Members, in that order, shall have the right to elect to liquidate the portion of the Seller's capital interest in the Company which is subject to the required notice and shall exercise such right by written notice to the Seller within a thirty (30) day period. If the Company does not exercise its right to elect to purchase Seller's interest in the Company, then during the remaining portion of the notice period the other Members may elect to purchase Seller's interest in the Company. The purchase price for Seller's interest in the Company shall be equal to the purchase price specified in Article 10.6(f). -13- (c) Lapse or Refusal. If, at the expiration of the required notice period, all of the Seller's interest in the Company which is subject to the required notice has not been purchased by the Company or any other Member, then the Seller may make a bona fide sale or transfer of his interest in the Company to a unrelated party. Such sale or transfer shall be made only to the person or entity specified in a required notice to all Members, and shall be made only upon the terms and conditions and for the consideration specified in said notice. The Seller may not sell or transfer his interest in the Company to any other person or entity or on terms and conditions which are more favorable than those stated in said required notice. However, if the Seller shall fail to make such a sale or transfer, within thirty (30) days following the expiration of the notice period, then said Seller's interest in the Company shall again be subject to all the restrictions contained this Article. (d) Transfer of Capital Interest in Company at Death. Upon the death of any Member, the estate of the deceased Member shall be required to offer to sell said deceased Member's capital interest in the Company to the Company, or other members, in that order. Such offer shall be made to the Company, or surviving Members, in that order, within sixty (60) days after the qualification of the deceased Member's personal representative. The Company or surviving Members shall notify the personal representative of the deceased Member in writing within the thirty (30) day period whether they shall purchase the deceased Member's interest in the Company. The purchase price and the terms and conditions of any sale under this Article are specified in Article 10.6(f). For purposes of this Article, if any Member shall be adjudicated to be incompetent or insane, then such incompetency or insanity shall be considered to be the death of said Member and the provisions of this Article shall be applicable. (e) Sale Upon Involuntary Disposition of Interest in Company. In the case of the passage or disposition of any interest in the Company owned by any Member (referred to as the "disposing Member") by any voluntary or involuntary manner whatsoever, except by death but including any sale, under judicial order, legal process, execution, attachment, enforcement of a pledge, trust, or encumbrance, the person or entity to whom said interest in the Company passes (referred to as the "Seller") must offer to sell said interest to the Company or other Members in that order. For thirty (30 days after the date, the Company or the other Members received actual notice of the passage or disposition of all or any portion of the disposing Members interest in the Company, the Company, or the other Members, in that order, shall have the right to purchase all of the Seller's interest in the Company by written notice to Seller within said thirty (30) days notice. The purchase price and terms and conditions of any sale under this Article are as set forth in Article 10.6(f). (f) Purchase Price Under Transfers under Article 10.6, et sea. The purchase price to be paid for any interest in the Company purchased pursuant to the provisions of Article 10.6 shall be the adjusted value of the Seller's capital interest in the Company and shall be determined as follows: (i) Fair market value of all real estate properties as of date of valuation. The fair market value will be determined by one or more competent MAI appraisers selected by the Company. Such appraiser must be on approved list of appraisers recommended by Cooperative Bank in Wilmington, North Carolina. (ii) Plus all current assets as of date of valuation. (iii) Less all liabilities as of date of valuation. (iv) If a Member shall have a debt balance in either his member capital account or -14- capital adjustment account, the amount of such debit balance shall be considered to be a debt owed by said Member to the Company and shall be considered to be an asset of the Company. (v) The resulting amount shall be the adjusted value of the Company. (vi) The purchase price of the Seller's capital interest shall be the adjusted value of the Company divided by the number of capital units outstanding and multiplied by the number of capital units owned by the Seller. g. Payment of Purchase Price. The purchase price shall be paid in full by the purchaser or in three (3) equal annual equal installments which will bear interest at two (2) points above Central Carolina Bank's prime interest rate. The first payment is due the first day after the expiration of the thirty (30) day notice period specified in this Article, or within thirty (30) days after receipt of the offer to sell under this Article. h. Other Credits or Debits of Withdrawing Member. If a deceased member, or a disposing Member shall have advanced money to the Company which the Company has not treated as a contribution to the capital of the Company, then the amount of such advance shall be paid by the Company. to the estate of the deceased member or disposing Member at the time specified for the payment of the purchase price for the Seller's or deceased Member's stock in the Company. The amount of such advance shall be reduced by any amount owed to the Company by the deceased Member or disposing Member as provided in this Article. 10.7 Buy/Sell Option. In the event any Member is dissatisfied with the conduct of the affairs of the Company or otherwise desires to end his participation in the affairs of the Company and the Company has not exercised its option to purchase such Member's shares after such Member has complied with the provisions of Section 10.6 above, such Member may serve notice to such effect upon the other Member and the company. Such notice shall state that the Member is not satisfied with the present arrangements of the Company and offers to either sell all of his interest in the Company or to purchase all of the other Member's interest in the Company and shall specify a price for such interest. The terms of such offer shall be cash and include the removal of the selling party's endorsements or other guaranties upon obligations of the Company and the repayment of any loans made by the selling Member to the Company. The party receiving such notice shall have a period of thirty (30) days to treat such notice as an offer to sell such receiving party's interest in the Company and to accept such offer. Upon failure to accept, the receiving party shall be deemed to have agreed to sell his interest in the Company upon the terms and conditions contained in the notice. The closing of the sale of the interest in the Company sold pursuant to this Section 10.7 shall be held at the principal office of the Company at such time as may be specified in the notice by the purchasing party within forty-five (45) days from the date of delivery of the notice. The terms of the sale shall be those terms contained in the notice. Provided, however, that during any time which the Company has more than two (2) Members, this Section 10.7 shall not be effective or operable. -15- ARTICLE XI - DISSOLUTION AND TERMINATION 11.1 Withdrawal. Except as otherwise provided in this Agreement, no Member shall at any time retire or withdraw from the Company or withdraw any amount out of his Capital Account. Any Member retiring or withdrawing in contravention of this Section 11.1 shall indemnify, defend and hold harmless the Company and all other Members (other than a Member who is, at the time of such withdraw, in default under this Agreement) from and against any losses, expenses, judgments, fines, settlements or damages suffered or incurred by the Company or any such other Members arising out of or resulting from such retirement or withdrawal. 11.2 Dissolution. (a) The Company shall be dissolved upon the first of the following to occur: (i) When the period fixed for the duration of the Company in the Articles of Organization shall expire; (ii) Upon the election to dissolve the Company by all of the Members. (iii) Upon the happening of any event of withdrawal (as defined in the Act) with respect to any Member, unless there is at least one remaining Member and the business of the Company is continued by the written consent of all of the remaining Managers or the written consent of the remaining Members holding a Majority in Interest within ninety (90) days of the action by or affecting the withdrawing Member; or (iv) The entry of a decree of judicial dissolution or the issuance of a certificate for administrative dissolution under the Act. (b) Upon dissolution of the Company, the business and affairs of the Company shall terminate and be wound up, and the assets of the Company shall be liquidated under this ARTICLE. (c) Dissolution of the Company shall be effective as of the day on which the event occurs giving rise to the dissolution, but the Company shall not terminate until there has been a winding up of the Company's business and affairs, and the assets of the Company have been distributed as provided in Section 11.3. (d) Upon dissolution of the Company, the Managers may cause any part or all of the assets of the Company to be sold in such manner as the Managers shall determine in an effort to obtain the best prices for such assets; provided, however, that the Managers may distribute assets of the Company in kind to the Members to the extent practicable. 11.3 Articles of Dissolution. Upon the dissolution and commencement of the winding up of the Company, the Managers shall cause Articles of Dissolution to be executed on behalf of the Company and filed with the Secretary of State, and a Manager or authorized Member shall execute, acknowledge and file any and all other instruments necessary or appropriate to reflect the dissolution of the Company. W IPM 11.4 Distribution of Assets Upon Dissolution. In settling accounts after dissolution, the assets of the Company shall be paid in the following order: (a) First, to creditors, in the order of priority as provided by law, except those to Members on account of their Capital Contributions: (b) Second, an amount equal to the then remaining credit balances in the Capital Accounts of the Members shall be distributed to the Members in proportion to the amount of such balances; and (c) Third, any remainder shall be distributed to the Members of the Company, pro rata, to their respective Membership Interests. 11.5 Distributions in Kind. If any assets of the Company are distributed in kind, such assets shall be distributed to the Members entitled thereto as tenants -in -common in the same proportions as the Members would have been entitled to cash distributions if such property has been sold for cash and the net proceeds thereof distributed to the Members. In the event that distributions in kind are made to the Members upon dissolution and liquidation of the Company, the Capital Account balances of such Members shall be adjusted to reflect the Members' allocable share of gain or loss which would have resulted if the distributed property had been sold at its fair market value. ARTICLE XII - MISCELLANEOUS PROVISIONS 12.1. Competing Business. Except as otherwise expressly provided in this Agreement or the Act, neither the Managers nor the Members, nor any of their shareholders, directors, officers, employees, partners, agents, family members or affiliates, shall be prohibited or restricted in any way from investing in or conducting, either directly or indirectly, and may invest in and/or conduct, either directly or indirectly, businesses of any nature whatsoever, including the ownership and operation of a business or properties similar to or in the same geographical area as those held by the Company. Except as otherwise provided in this or the Act, any investment in or conduct or any such businesses by any such person or entity shall not give rise to any claim for an accounting by any member or the Company or any right to claim any interest therein or the profits therefrom. 12.2 Members' Representations and Agreements. Notwithstanding anything contained in this Agreement in the contrary, each Member hereby represents and warrants to the Company, the Managers and to each other that (i) the Membership Interest of such Member is acquired for investment purposes only, for the Member's own account, and not with a view to or in connection with any distribution, reoffer, resale or other disposition not in compliance with the Securities Act of 1933, as amended, and the rules and regulations thereunder (the "1933 Act") and applicable state securities laws, (ii) such Member, alone or together with the Member's representatives, possess such expertise, knowledge and sophistication in financial and business matters generally, and in the type of transactions in which the Company proposes to engage in particular, that the Member is capable of evaluating the merits and economic risks of acquiring and holding the Membership Interest and the Member is able to bear all such economic risks now and in the future, (iii) such Member has had access to all of the information with respect to the Membership Interest acquired by the Member under this Agreement that the Member deems necessary to make a complete evaluation thereof and has had the opportunity to question the other Members and the Managers (if any) concerning such Membership Interest, (iv) such Member's decision to acquire the Membership Interest for investment has been based solely upon the evaluation made by the Member, (v) such Member is aware that -17- the Member must bear the economic risk of an investment in the Company for the 1933 Act or under the securities Laws of various states and, therefore, cannot be resold unless such Membership Interests are subsequently registered under the 1933 Act and applicable state securities laws or an exemption from registration is available, (vi) such Member is aware that only the Company can take action to register Membership Interests and the Company is under no such obligation and does not propose to attempt to do so, (vii) such Member is aware that this Agreement provides for restrictions on the ability of a Member to sell, transfer, assign, mortgage, hypothecate or otherwise encumber the Member's Membership Interest, (viii) such Member agrees that the Member will truthfully and completely answer all questions, and make and perform all covenants, that the Company or the Managers may, contemporaneously or hereafter, ask or demand for the purpose of establishing compliance with the 1993 Act and applicable state securities laws, and (ix) if the Member is an organization, that it is duly organized, validly existing, and in good standing under the laws of its state of organization and that it has full organizational power and authority to execute and agree to this Agreement and to perform its obligations hereunder. 12.3 Notice. (a) All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. (b) All notices, demands and requests to be sent to any Manager or Member pursuant to this Agreement shall be deemed to have been properly given or served if addressed to such person at the address as it appears on the Company records and (i) personally delivered, (ii) deposited for next day delivery by Federal Express, or other similar overnight courier services, (iii) deposited in the United States mail, prepaid and registered or certified with return receipt requested or (iv) transmitted via telecopier or other similar devise to the attention of such person with receipt acknowledged. (c) All notices, demands and requests so given shall be deemed received, (i) when actually received, if personally delivered, deposited for next day delivery with an overnight courier or telecopied, or (ii) as indicated upon the return receipt if deposited in the United States mail. (d) The Managers and Members shall have the right from time to time, and at any time during the term of this Agreement, to change their respective addresses by delivering to the other parties written notice of such change in the manner prescribed in 12.3(b). (e) All distributions to any Member shall be made at the address at which notices are sent unless otherwise specified in writing by any such Member. 12.4 No Action. No Member shall have any right to maintain any action for partition with respect to the property of the Company. 12.5 Amendments. This Agreement as well as the Articles of Organization may only be amended or modified by a writing executed and delivered by each of the Members. 12.6 Power of Attorney. (a) Each Member hereby makes, constitutes andappoints each elected Manager as may be serving from time to time, severally, with full power of substitution, as the Member's true and lawful attomey-in-fact, for such Member and in such Member's name, place and stead and for the Member's use som and benefit to sign and acknowledge, file and record, any amendments hereto among the Members and for the further purpose of executing and filing on behalf of each Member, any documents necessary to constitute the continuation of the Company, the admission or withdrawal of a Member, the qualification of the Company in a foreign jurisdiction (or amendment to such qualification), the admission of substitute Members or the dissolution or termination of the Company, provided such continuation, admission, withdrawal, qualification, or dissolution and termination are in accordance with the terms of this Agreement. (b) The foregoing power of attorney is a special power of attorney coupled with an interest, is irrevocable and shall survive the death or legal incapacity of each Member. It may be exercised by any one of said attorneys by listing all of the Members executing any instrument over the signature of the attorney -in -fact acting for all of them. The power of attorney shall survive the delivery of an assignment by a Member of the whole or any portion of his Membership Interest. In those cases in which the assignee of, or the successor to, a Member owning Membership Interest has beer approved by the Members for admission to the Company as a substitute Member, the power of attorney shall survive for the sole purpose of enabling the Managers to execute, acknowledge and file any instrument necessary to effect such substitution. (c) This power of attorney shall not be affected by the subsequent incapacity or mental incompetence of any Member. 12.7 Governing Law; Arbitration. This Agreement is made in New Hanover County, North Carolina, and the rights and obligations of the Members hereunder shall be interpreted, construed and enforced in accordance with the laws of the State of North Carolina. Any dispute arising out of or in connection with this Agreement or the breach thereof shall be decided by arbitration to be conducted in Wilmington, North Carolina, in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association, and judgment thereof may be entered in any court having jurisdiction thereof. 12.8 Entire Agreement. This Agreement, including all schedules to this Agreement, as amended from time to time in accordance with the terms of this Agreement, contains the entire agreement among the parties relative to the subject matters hereof, and all prior negotiations, agreements or understandings, whether oral or written, are merged herein and superseded hereby. 12.9 Waiver. No consent or waiver, express or implied, by any Member to or for any breach or default by any other Member in the performance by such other Member of his or its obligations under this Agreement shall be deemed or construed to be a consent or waiver to any other breach or default in the performance by such other Member of the same or of any other obligations of such other Member under this Agreement. Failure on the part off any Member to complain of any act or failure to act of any of the other Members or to declare any of the other Members in default, regardless of how long such failure continues, shall not constitute a waiver by such Member of his or its rights. 12.10 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and the intent of this Agreement shall be enforced to the greatest extent permitted by law. 12.11 Binding Agreement. Subject to the restriction on transferability set forth in this Agreement, the Agreement shall inure to the benefit of and be binding upon the undersigned Members and their -19- respective legal representatives, successors and assigns. 12.12 Tense and Gender. Unless the context clearly indicates otherwise, the singular shall include the plural and vice versa. Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, this Agreement shall be read as if the appropriate gender were used. 12.13 Captions. Captions are included solely for convenience of reference and if there is any . conflict between captions and the text of this Agreement, the text shall control. 12.14 Benefits of Agreement. Nothing in this Agreement expressed or implied, is intended or shall be construed to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and executive benefit of the Members and the Company. 12.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes and all of which when taken together shall constitute a single counterpart instrument. Executed signature pages to any counterpart instrument maybe detached and affixed to a single counterpart, which single counterpart with multiple executed signature pages affixed thereto constitutes the original counterpart instrument. All of these counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a single signature page. IN WITNESS WHEREOF, the undersigned, being the initial Members of the Company, have caused this Agreement to be duly adopted by the Company as of the _ day of March, 2007, and do hereby assume and agree to be bound by and to perform all of the terms and provisions set forth in this Agreement. Ricq ar C. Roge� By; Steven H. MacCurry I WAiM NAME & ADDRESS OR MEMBERS Steven H. MacCurry 1003-Suite D Bennett Avenue Carolina Beach, NC 28428 Richard C. Rogge PO Box 2020 Carolina Beach NC 28428 SCHEDULEI INITIAL CAPITAL CONTRIBUTION 1,000.00 1,000.00 -21- INITIAL CAPITAL MEMBERSHIP UNITS INTEREST 1.0 50% 1.0 50% SCHEDULEII MANAGERS OF THE COMPANY WE ACCEPT THE POSITION AS MANAGERS AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT. DATED: March g_Z d� 2007. -22-