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
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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
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�
•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
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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.
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feud= j 5� 132 s•�,
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- �e %re�rr�yI�0%
r 18
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&6L, `
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i y1743
i
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�10-,66(7.23)(,M)= 1,87J5
CN
6
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im
— leis= 7bg5 sF
a a,= 13,1535£=,314c
side all= 596 s,
313.
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91 55 H
1 2 023 s�,
C=
9,(9534)1 2(523C)
' ---_ 6q
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y 7&— y
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7
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= 2.3)6 :
a3,f:�n s
MRj = 3033 5,7;
15)020 s.� ,35 qc
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10
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[=
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!.
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 � �
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FERN CRFEK \N
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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
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0 ll ,
_ C
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=2a.0
•21.25
t
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i I It ;un 'IN .�19. �� � � � � •
11 t oeian a.SSMH 3
—LLLL3lIU19iN O.6G
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V-lV
y rat Ss SOMH 10�' 4
1 n COP= 6.o/
1 �r INV-2 ,B 9'RGP
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is a9.P g, c Tl.a' I� etN •, 00 E 102
r—_—TO 20.3 . u�4 TRH 0 a �. Z6Lot 14
2
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BB
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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.
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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.
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(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).
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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.
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(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
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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
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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.
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(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:
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(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.
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(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.
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(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.
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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
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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).
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(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
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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.
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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
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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
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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
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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.
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