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HomeMy WebLinkAboutSW8120911_HISTORICAL FILE_20121128STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 I Zo q I! DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Zo i 2 / 1 Z5 YYYYMMDD North Carolina Beverly Eaves Perdue Governor November 28, 2012 NC®ENR Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director William H. Cameron, Manager WFDC, LLC P.O. Box 3649 Wilmington, NC 28406 Subject: State Stormwater Management Permit No. SW8 120911 Wildflower Subdivision High Density Subdivision Wet Pond Project New Hanover County Dear Mr. Cameron Dee Freeman Secretary The Wilmington Regional Office received a complete State Stormwater Management Permit Application for Wildflower Subdivision on November 27, 2012. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 120911 dated November 28, 2012, for the construction, operation and maintenance of the BMP's and built -upon area associated with the subject project. This permit shall be effective from the date of issuance until November 28, 2020, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Steve Pusey, at (910) 796-7215. Sincerely, 7 Charles Wakild, P.E., Dire or Division of Water Quality GDS/sgp: S:\WQS\Stormwater\Permits & Projects\2012\120911 HD\2012 11 permit 120911 cc: David S. Hollis, PE, PLS — Hanover Design Services, PA New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone. 910-796-72151 FAX: 910,350-20041 DENR Assistance: 1-877623-6748 Internet: w .mavateiquahty.oig An Equal Opportunity 1 Affirmative Acnon Employer Hydraflow Summary Report � �' �j K50 (V- Page 1 Line Line ID Flow Line Line Invert Invert Line HGL HGL Minor Dns No. rate size length EL Dn EL Up slope down up loss line (cfs) (in) (ft) (ft) (ft) N (ft) (ft) (ft) No. 1 2-1 TO 2-2 39.59 36 c 55.0 26.50 26.70 0.364 29.50 29.65 0.05 End 2 2-2 TO 2-3 39.59 36 c 160.0 26.70 27.00 0.187 29.70' 30.18' 0.05 1 3 2-3 TO 2-4 35.01 30 c 98.0 27.50 28.00 0.510 30.23' 30.84' 0.08 2 4 2-4 to 2-4A 3.68 18 c 24.0 29.00 29.20 0.833 30.92' 30.95' 001 3 5 2-4 TO 2-5 28.77 30 c 264.0 28.00 28.30 0.114 30.92' 32.03' 0.05 3 6 2-5 TO 2-6 2.92 18 c 24.0 29.30 29.50 0.833 32.08' 32.10' 0.00 5 7 2-5 TO 2-7 11.56 24 c 40.0 28.80 29.00 0.500 32.08' 32.17' 0.02 5 8 2-7 TO 2-8 8.90 24 c 222.0 29.00 29.40 0.180 32.19' 32.49' 0.01 7 9 2-8 TO 2-8A 4.41 18 c 24.0 29.90 30.00 0.417 32.50' 32.53' 0.01 8 10 2-7 TO 2-7A 1.23 18 c 24.0 2950 29.70 0.833 32.19' 32.20' 0.00 7 11 2-5 TO 2-9 12.87 24 c 86.0 28.80 29.00 0.233 32.08' 32.32' 0.03 5 12 DBL 2-9 9.29 24 c 2.0 29.00 29.10 5.000 32.35' 32.35' 0.01 11 13 DBL 2-9 TO 2-10 8.57 18 c 178.0 29.60 30.00 0.225 32.36' 33.37' 0.04 12 14 DBL 2-10 1.89 18 c 2.0 30.00 30.10 5.000 33.41' 33.41' 0.00 13 15 2-9 TO 2-9A 2.86 18 c 24.0 29.50 29.70 0.833 32.35' 32.36' 0.00 11 16 DBL 2-9A 1.43 18 c 2.0 29.70 29.80 5.000 32.36' 32.37' 0.00 15 17 2-10 TO 2-10A 4.79 18 c 24.0 30.00 30.20 0.833 33.41' 33.45' 0.01 13 18 DBL 2-10A 2.40 18 c 2.0 30.20 30.30 5.000 33.46' 33.46' 0.00 17 19 DBL 24A 1.84 18 c 2.0 29.20 29.30 5.000 30.95' 30.95' 000 4 Project File: Wildflower-2A-DOT.stm I-D-F File: WILMINGTON.IDF Total No. Lines: 19 Run Date: 10-25-2012 NOTES: c = circular; e = elliptical; b = box; Return period = 100 Yrs.; ' Indicates surcharge condition. Hydraflow Hydraulic Grade Line Computations TQ ex-o ��Ix cr� e° Page 1 Line Size (in) Q (cfs) Downstream Invert HGL Depth Area Vol Vel EGL Sf elev elev head elev (ft) (ft) (ft) (s9ft) (ftls) (ft) (ft) N Len (ft) Upstream Invert HGL Depth Area Vol Vel EGL Sf elev elev head elev (ft) (ft) (ft) (sQff) (Ws) (ft) (ft) Check Ave Enrgy Sf loss N (ft) JL coeff (K) Minor loss' (ft) 1 36 39.59 26.50 29.50 3.00 7.07 5.60 0.49 29.99 0.300 55.0 26,70 29.65 2.95 7.05 5.62 0.49 30.15 0.272 0.286 0.157 0.10 0.05 2 36 39.59 26.70 29.70 3.00 7.07 5.60 0.49 30.19 0.300 160 27.00 30.18 3.00 7.07 5.60 0.49 30.67 0.300 0.300 0.480 0.10 0.05 3 30 35.01 27.50 30.23 2.50 4.91 7.13 0.79 31.02 0.621 98.0 28.00 30.84 2.50 4.91 7.13 0.79 31.63 0.621 0.621 0,609 0.10 0.08 4 18 3.68 29.00 30.92 1.50 1.77 2.08 0.07 30.99 0,105 24.0 29.20 30.95 1.50 1.77 2.08 0.07 31.01 0.105 0.105 0.025 0.10 0.01 5 30 28.77 28.00 30.92 2.50 4.91 5.86 0.53 31.46 0.420 264 28.30 32.03 2.50 4.91 5.86 0.53 32.56 0.419 0.419 1.107 0.10 0.05 6 18 2.92 29.30 32.08 1.50 1.77 1.65 0.04 32.12 0.066 24.0 29.50 32.10 1.50 1.77 1.65 0.04 32.14 0.066 0.066 0,016 0.10 0.00 7 24 11.56 28.80 32.08 2.00 3.14 3.68 0.21 32.29 0.223 40.0 29.00 32.17 2.00 3.14 3.68 0.21 32.38 0.223 0.223 0.089 0.10 0.02 8 24 8.90 29.00 32.19 2.00 3.14 2.83 0.12 32.32 0.132 222 29.40 32.49 2.00 3.14 2.83 0.12 32.61 0.132 0.132 0.293 0.10 0.01 9 18 4.41 29.90 32.50 1.50 1.77 2.49 0.10 32.59 0.150 24.0 30.00 32.53 1.50 1.77 2.49 0.10 32.63 0.150 0.150 0.036 0.10 0.01 10 18 1.23 29.50 32.19 1.50 1.77 0.69 0.01 32.20 0.012 24.0 29.70 32.20 1.50 1.77 0.69 0.01 32.20 0.012 0.012 0.003 0.10 0.00 11 24 12.87 28.80 32.08 2.00 3.14 4.10 0.26 32.34 0.276 86.0 29.00 32.32 2.00 3.14 4.10 0.26 32.58 0.276 0.276 0.237 0.10 0.03, 12 24 9.29 29.00 32.35 2.00 3.14 2.96 0.14 32.48 0.144 2.0 29.10 32.35 2.00 3.14 2.96 0.14 32.48 0.144 0.144 0.003 0.10 0.01 13 18 8.57 29.60 32.36 1.50 1.77 4.85 0.37 32.73 0.568 178 30.00 33.37 1.50 1.77 4.85 0.37 33.74 0.568 0.568 1.010 0.10 0.04 14 18 1.89 30.00 33.41 1.50 1.77 1.07 0.02 33.43 0.028 2.0 30.10 33.41 1.50 1.77 1.07 0.02 33.43 0.028 0.028 0.001 0.10 0.00 15 18 2.86 29.50 32.35 1.50 1.77 1.62 0.04 32.39 0.063 24.0 29.70 32.36 1.50 1.77 1.62 0.04 32.40 0.063 0.063 0.015 0.10 0.00 16 18 1.43 29.70 32.36 1.50 1.77 0.81 0.01 32.37 0.016 2.0 29.80 32.37 1.50 1.77 0.81 0.01 32.38 0.016 0.016 0.000 0.10 0.00 17 18 4.79 30.00 33.41 1.50 1.77 2.71 0.11 33.52 0.177 24.0 30.20 33.45 1.50 1.77 2.71 0.11 33.57 0.177 0.177 0.043 0.10 0.01 18 18 2.40 30.20 33.46 1.50 1.77 1.36 0.03 33.49 0.044 2.0 30.30 33.46 1.50 1.77 1.36 0.03 33.49 0.044 0.044 0.001 0.10 0.00 19 18 1.84 29.20 30,95 1.50 1.77 1.04 0.02 30.97 0.026 2.0 29.30 30.95 1.50 1.77 1.04 0.02 30.97 0.026 0.026 0.001 0.10 0.00 Project File: Wildflower-2A-DOT.stm I-D-F File: WILMINGTON.IDF Total number of lines: 19 Run Date: 10-25-2012 NOTES: Initial tailwater elevation = 29.5 (ft) , ' Crown depth assumed., " Critical depth assumed. r Wildflower Subdivision Outer Boundary Area = 25.703 acres Project Area Pond No.1 = 501,522 sf Project Area Pond No.2 = 518,540 sf 24700.8 Sq. Feet 0.6 Acres 411/ai 24898.5 Sq. Feet 0.6 Acres 31656.2 Sq. Feet 0.7 Acres t 47263.3 Sq. Feet\ \1R92%2.2\S,,' 1.1 Acres ^, !ands . Fee res 1 Sq. 45670.1 Sq. Feet 1.0 Acres 00� 97.7 Sq. Feet 0.8 Acres 52.4 Sq. 0.3 Acres 0.2 Acres F � by Po 45629.8 Sq. Feet 1.0 Acres O � 9 2� 46507.0 Sq. Feet 1.1 Acres Net Project Area = 518540 sf 11.90 Acres \ 537557.3 Sq. Feet 12.3 Acres " Wildflower Subdivision" Drainage Area Map Scale: 1"= 100' September 2012 43502.5 Sq. Feet 1.0 Acres Z c� 1�A 39893.8 Sq. Feet 0.9 Acres a ra oa o 21738.E Sq, feet � 9 Future 4 Lots 03 0.5 Acres 52839.2 Sq. Feet N 11, '•� 1.2 Acres 30299.9 Sq. Feet 0.7 Acres 5.9 Sq. 0.2 Acr Remote Lots 50911.2 Sq. Fe SQ gee P ! \ 6• 26969.3 Sq. Feet 1.2-Acres t,9- 0:6-Acres- - et 12Acqes F 13114Ne t Project re 01522 sf Acres Regulated Wetlands y11510.2 0.3 80537.8 Sq. Feet 1.8 Acres 11616. Sq. et 0.3 cres HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS, ENGINEERS & LAND PLANNERS ILM FLORAL PARKWAY W 123 FLORA N.C. 28403 PHONE: (910) 343-8002 LICENSE C-0597 Drawing No.10010-DA-MAP.dwg 1353.5 Sq. Feet 1-3A 0.0 Acres 1-3 24067.9 0.6 DA + Forebay = 85% f cL.�- Future 5 Lots 50911.2 Sq. Feet 1.2 Acres W 4 Q CD O T- 10.2,5. t i State Stormwater Management Systems Permit No. SW8 120911 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 WFDC, LLC Wildflower Subdivision Albemarle Road & Sturbridge Drive, New Hanover County FOR THE construction, operation and maintenance of two (2) wet detention ponds in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter separately and collectively 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 November 28, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for sixty-six (66) lots; each allowed a maximum of 3,500 square feet of built -upon area. 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems. The wet ponds designated as Pond 1 and Pond 2, have been designed to treat the runoff from 150,457 and 194,452 square feet of impervious area, respectively. 4. The maximum built -upon area allowed for the entire subdivision is 344,909 square feet. The project shall provide and maintain a 50' wide vegetative buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. Page 2 of 9 State Stormwater Management Systems Permit No. SW8 120911 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times: Pond # 1 Pond # 2 Drainage Area, acres: Onsite, ft2: Offsite, ft2: 11.51 501,522. None 11.90 518,540 None Total Impervious Surfaces, acres: Onsite, ft2: Offsite, ft2: 3.45 150,457 None 4.46 194,452 None Design Storm, inches 1.5 1.5 Average Pond Design Depth, feet 4.5 4.5 TSS removal efficiency 90% 90% Permanent Pool Elevation, FMSL 25.5 27.5 Permanent Pool Surface Area, ft2 25,000 16,500 Permitted Storage Volume, ft3 29,125 29,875 Temporary Storage Elevation, FMSL 26.5 29.0 Pre-dev. 1 yr-24 hr. discharge rate, cfs 5.8 6.0 Controlling Orifice, in 2"0 pipe 2"0 pipe Orifice discharge rate, cfs 0.06 0.07 Permanent Pool Volume, ft3 118,650 71,125 Forebay Volume, ft3 24,275 14,425 Fountain Horsepower 1/3 1/4 . Receiving Stream/River Basin Spring Branch / Cape Fear Stream Index Number 18-74.63-1 Classification of Water Body "C;Sw" If. SCHEDULE OF COMPLIANCE 1. No person or entity, including the permittee, shall alter any component of the approved stormwater drainage system shown on the approved plans, unless and . until the Division has approved of the revised plan. 2. The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area limits, grading, and the storm drainage system established by this permit, the permit documents, the approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 3. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. 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. 1. Page 3 of 9 • State Stormwater Management Systems Permit No. SW8 120911 5. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further development, subdivision, acquisition, or sale of any, 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. d. Alteration of any aspect of the approved stormwater drainage system and/or the approved stormwater BMPs. e. The construction of any permitted future development areas shown on the approved plans. 7. All stormwater collection and treatment systems must be located in either public rights -of -way or dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common area and easements, in accordance with the approved plans. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 10. 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. 11. 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. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4 of 9 State Stormwater Management Systems Permit No. SW8 120911 14. 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 120911, 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 3,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, -slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. h. Built -upon area in excess of the permitted amount will require a permit modification. i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. j. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S. 143, Article 21. k. If permeable pavement BUA credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction. 15. 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. 16. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The project and the stormwater facility must be in compliance with all permit conditions. Any items not in compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. Page 5 of 9 State Stormwater Management Systems Permit No. SW8 120911 17. If the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain 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 from 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 1/3 hp for Pond 1 and 1/4 hp for Pond 2. 18. If permeable pavement BUA credit is desired, the permittee must submit a request to modify this permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a proposed amendment to the deed restrictions and protective covenants for the subdivision, and a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. At least 30 days prior to a change of ownership, or a name change of the permittee or of the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change form, to the Division of Water Quality, accompanied by the supporting documentation as listed on the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. Neither the sale of the project in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 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. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily 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. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting the permitted stormwater management facility. Page 6 of 9 State Stormwater Management Systems Permit No. SW8 120911 7. The permit issued shall continue in force and effect until revoked or terminated. 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. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. The permittee shall maintain a copy of the permit, O&M Agreements, and the approved plans at all times. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit issued this the 28th day of November, 2012. CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 120911 Page 7 of 9 D,WQ USE ONL-Y:.. Ilrr Date R ceived Fee Paid er it Nu ber - Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, n specifications, letters, operation and maintenance agreements, etc.): W /l_(_�L W Yiv yc/ 6 l/ 1 d 1 S i n in 2. Location of Project (street address): 3. TlirnrHnnc hn (from nearest major intersection): 4. Latitude: 3 7 sr' S " N Longitude: rY S W" W of the main entrance to the project. IL PERMIT INFORMATION: 1. a. Specify whether project is (check one): Tew ❑Modification ❑ Renewal w/ Modificationt tRenetuals with modifications also requires SWU-102 - Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number its issue date (if known) , and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of prrojee (check one): ❑Low Density t�i High Density ❑Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major imentation/Erosion Control: 24• 2 ac of Disturbed Area ❑NPDES Industrial Stormwater 404/401 Permit: Proposed Impacts C•2_43 fie_' b.If any of these permits have already been issue date and the type of each permit:_ please provide the Project Name, Project/Permit Number, 5. Is the project located within 5 miles of a public airport? ❑No Wes 2.2- M,I&S If yes, see S.L. 2012-200 1� VeLhttu/luortaLuLcienr ore/web/wa/ws/su/statesw/rules laws SEP 2 0 2012 Form SWU-101 Version 06Aug2012 "R&, Page 1 of 6 III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the projec W t): A ....1:�n n1/(lraani za Hnn• FVdiTG , LLG Signing Official & Title: %Ar ► e-'P tl ' / b.Contact information for person listed in item la above: Street Street Address: 1 � 1 G lc h /1'/lve��Pi /"d City: State: �1%G Zip: Mailing Add�fapphicalle): P0. b&-J, '3rn / City: ` I t" - �/ h State: /y li Zip: Phone: (��� / 9 %i' 06 / � Fax: ( 9/ t2 1 y Z ' alp eP Email: t�� '� C yy1P.�bviG0 /� IM c. Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Signing C b.Contact information for person listed in item 2a above: Street Address: 120 l9 k-1 /YQXA- v City: _ o p Sttate: /� G Zip: 7 U�fO Mailing//Address ifapplicable): /" 0 �ot 3(. V A� City: Wi N"I �Dre4. ty/ State: /' G Zip: Z�yOb Phone (_q�� /6 2 - 2 ` ! N Fax: Email: k1le c4,0 3. a. (Optional) Print the name and title of another contact such as the projects construction supervisor or other person who can answer questions about the project: Other Contact Signing Official & b.Contact information for person listed in item 3a above: Mailing Address: a SEP Phone: Fax: 4. Local jurisdiction for building permits: JULLJ 14 WVVA- �e Point of Contact: XU5it i -r -h N 4 Phone #: %^ G Form SWU-101 Version 06Aug2012 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, blitft summarize how the stormwaterr runoff will be treated. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to theRiver basin. 4. Total Property Area: Z H. S-3 acres I 5. Total Coastal Wetlands Area: L_acres 6. Total Surface Water Area: 0 acres I Full Total Pro erty Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area 3 • yf I acres Total project area shall be calculated to exclude the following the norinal pool of imppou��nded structures, the area between the bunks of streams and rivers, the area below the Normal Higgl�i Water (NHIN) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlatds landward of the NHW (or MHW) line nmy be included in the total project area. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 33 • How many drainage areas does the project have? 2, (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area orovided in the same format as below.-D_ _ , e P.A't 2, .Basin Information luP 1 _ Draina e Area _ Draina e Area _ Draina e AreaReceiving Stream Name S �"Stream ClassG WDramage StJStream Index Number* 1 - i! • 63- )Total Drainage Area (so 0 On -site Drainage Area (sf) — Off -site Drainage Area (so Proposed Impervious Area s $ % t S 2 Impervious Area** total 0 • SnO impervious** Surface.Aiea' ° Draina e Area _ Draina e Area _ Draina e Area _ Drainage Area On -site Buildings/Lots (SOQ V0O ZG 0490 On -site Streets (so 2- 0 On -site Parking (so On -site Sidewalks (so S $ S s Other on -site (so — — Future (so j S 3 ZO �1 Off -site (so — Existing BUA*** (so Total (so: Sr% Z * Stream Class and Index Number can be determined at: luny/portal nrnenr orgiweoAuutuisicsui rrr +u «may p ** tinge vious area is defined as the built upon area including, but not limited to, building Sr�lstUkMgjditdaJr_ si eewalks, gravel areas, etc. *** Report only that muount of existing BUA that will remain after development. Do not r rt ail Sri, ti r tl is to be removed and which will be replaced by new BUA. 6gm� Form SWU-101 Version 06Aug2012 Page 3 of 6 11.How was the off -site impervious area listed above determined? Provide documentation. Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http7//portal.ncdenr.org/­web/wqlwsZsu/biii1?-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http'//portal ncdenr org/web/wg/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map athttp•//portal.iicdenr.org/­­webZ q/ws/suilmaps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http / / portal ncdenr org/ web/ wq / ws / su / statesw/ forms _does. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed signed and dated) and O&M INS 6) agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to :C25 LA httpI- www.envhelp.orgZl2ages/onestopexl2ress.htmI for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) _ ! 1 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the DGT= receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:( a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevakig��+ � p V E: 1. Details of roads, drainage features, collection systems, and stormwater co 'ba�iire� in. Wetlands delineated, or a note on the plans that none exist. (Must be delinAatedd bXaF� 2��2 qualified person. Provide documentation of qualifications and identify the1.------T er made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runocalculations. o. Drainage areas delineated (included in the main set of plans, not as a separate documen p. Vegetated buffers (where required). Form SWU-101 Version 06Aug2012 Page 4 of 6 9. •Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: ��✓ O Page No: 'Z8¢_ 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC 02LA Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hqp•//www.secretary.state.nc.usZCorl2orations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http //Vortal.ncdenr.org/ web/ wq / wsZ su / statesw/ forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: DGV`d 5 Pal-kS Consulting Mailing Ad FA Phone: 1/0 ( 11 i J 3 9 3- $ 00 Z Email: rJNO/1ts kJ.St1vN•Gp""t State: /t/ 4 Zip: Z9y4-3 Fax: ( 910 ) 393 - fiYl IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) CMM Pro f1&XIis / L L G `►•tx, I, (print or hype name of person listed in Contact Information, item 2a) ]n ('a/to. 4. %V'Z4 tM certify that I own the property identified in this permit application, and thus give permission to (print or hype name of person listed in Contact Information, item la) tvil . CA. re A a ith (print or hype name of organization listed in Contact Information, itent la) Ld Fry', LLC- to dev lop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. SEP 2 0 2012 t;Y:__ Form SWU-101 Version 06Aug2012 Page 5 of 'As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of u toM er day, pursuant to NCGS 143-215.6. GkR Pro��ikS�tL� SienIi,ature: 7-1 `(-L, Date: I 7 o ne a • �t a' Aie a Notary Public for the State of p3oe4rt� OA(6)^A •County of NVA,,j A-an4 .g4w do hereby certify that la NV 0 v ` �A• l-4-"tlon personally appeared before me this IV day of Ge a n^be4 :zot2 , and acknow dge the due execution of the application for a stormwater permit. Witness my hand and official seal, /L O GF NOTARY = =y PUBLIC 2` //;���VER G�J���\• 111111\ X. APPLICANT'S CERTIFICATION SEAL My commission expires -'4 - t 1- ) f' I, (print or hype name of person listed in Contact Information, item la) LO F5 AG L LG certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15AX�CAC 2H .1000 and any other applicable state stormwater requirements. c:,....,a,...,,. (,i/JCI LLGl 0r� 1111/%ln , . , AJAvtur4c _ Date: a Notary Public for the State of N017r1. laru is .a,, County of Np� J }-kc% o"e r do hereby certify that 1 A \I cuy- �Al e.rv\e.rnn personally appeared before me this I Y day of -- o a , and acknowledge the due ecution of the application for a stormwater permit. Witness my hand and official seal, �^ 7/l NOTARY = =ymm PUBLIC 2= gNOVERI��Ja�\\ MCF.1111 My commission ECEIVE11 SEP 2 0 2012 BY: Form SWU-101 Version 06Aug2012 Page 6 of 6 David Hollis From: David Hollis Sent: Tuesday, November 27, 2012 10:26 AM To: 'Pusey, Steven' ftep Cc: Bill Cameron (bill@cameronco.com); Greg Wayne NQv Subject: RE: Wildflower DENR permit status 2 Attachments: Wildflower -extra DENR.pdf Za,� Steve We went out last week and field read elevations, ditches and culvert inverts as reported on the attached supplemental plan, and as you can verify, the drainage patterns are as I described them in my previous correspondence with you. I will run you several hard copies for your files, but I didn't change Sheets 1-6 so our previous submittals should be good. We look forward to receiving your permit. Thanks. David From: Pusey, Steven[mailto:steven.puseyCancdenr.gov] Sent: Monday, November 19, 2012 5:43 PM To: David Hollis Cc: Lewis,Linda Subject: RE: Wildflower DENR permit status David After reviewing the revised plans, everything looks good except it is difficult to tell how the drainage flows for the questionable offsite lots (261- 264, & 220 - 224). Some of these lots may have runoff from impervious draining towards the back instead of the street. Therefore, you need to show the existing topo contour lines for all the questionable lots to prove that the runoff drains towards the street and does not go to the pond. Also, for the street, Morning Glory Ct., please show the existing drainage swales and any associated culvert pipes under the roads (i.e.- at the intersection of Morning Glory Ct. & Albemarle Road). Also, please show drainage arrows for both Morning Glory Ct. and Albemarle Rd. in the offsite areas for clarity. Please resubmit two (2) sets of plans as soon as possible, however, no later than November 29, 2012. Please call if you have any questions. Thanks, Steve Pusey 910-796-7334 From: David Hollis [mailto:dhollis(andsilm.com] Sent: Friday, November 16, 2012 12:15 PM To: Pusey, Steven BY: NOV 2 7 2012 Cc: Bill Cameron (billObcameronco.com); Greg Wayne Subject: RE: Wildflower DENR permit status Steve: The revised sets will be delivered to your office within the hour. Thanks. David From: Pusey, Steven [maiIto: steven.puseyCa ncdenr.00v] Sent: Friday, November 16, 2012 10:05 AM To: David Hollis Cc: Bill Cameron (bill(alcameronco.com); Greg Wayne Subject: RE: Wildflower DENR permit status David, It looks like we're going to need some more detail on the plans. Here's a list of additional items and/or corrections that are required: 1. On Sheet 1 of 6: The note about delineated 404 wetlands references Action ID 2007-00530. However, the wetlands survey shows SAW 2008-03315. Please revise note as needed. 2. Please explain how you calculated the total number of plants required for the vegetated shelf. It appears that there may not be enough plants if the formula is shelf area (sf) / 200 sf x 50 plants. The note should be changed on the plans in order to reflect the correct calculation and amount of plants. 3. Please provide road details such width, cul-de-sac radius, and pavement details. 4. Please dimension the sidewalk width. 5. Please change the WSEL elevation to 25.5 on outlet structure detail on sheet 2 of 6 for Pond 1. 6. Please re -label outlet structure detail on sheet 3 of 6 to Pond 2. 7. Is there any offsite drainage area going to the ponds? It looks like there may be some area around intersection of Morning Glory and Albemarle Roads (Lots 261— 264). Also, check Lots 220 — 224 offsite. I look forward to your earliest response. However, please respond no later than November 27, 2012. Let me know if you have any questions. Thanks, Steve Pusey DWQ 910-796-7334 From: David Hollis [mailto:dhollis(o)hdsilm.com] Sent: Thursday, November 15, 2012 8:58 AM To: Pusey, Steven Cc: Bill Cameron (bill(o)cameronco.com); Greg Wayne Subject: RE: Wildflower DENR permit status Thanks. From: Pusey, Steven [maiIto: steven.puseyClo ncdenr.gov] Sent: Thursday, November 15, 2012 8:56 AM To: David Hollis Subject: RE: Wildflower DENR permit status David, The file is in Linda Lewis' office for final review. I suppose the permit will go out within a week as it is now in the final stages. Steve From: David Hollis (mailto:dhollis(obadsilm.com] Sent: Wednesday, November 14, 2012 3:50 PM To: Pusey, Steven Cc: Bill Cameron (bilMcameronco.com); Greg Wayne Subject: Wildflower DENR permit status Steve: Could you please give us a status update on Wildflower SW8 120911? Bill Cameron's contractor has commenced preliminary timbering and grading. Thanks. David Hanover Design Services, P.A. Land Surveyors, Engineers, Land Planners (A November 16, 2012 Mr. Steve Pusey, Environmental Engineer Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Response to emailed RAI Arl� High Density Storm Water Project, Wildflower Subdivision, New Hanover County®, HDS Project No. 10010, NCDENR SW8 120911 Steve: Attached please find three sets of the permit drawings, revised as per your requests as follows: 1 revised the wetlands SAW note as directed. 7✓ I revised the plant calculations and added the pond perimeter basis as requested. ✓3/I've attached the NCDOT Sheet 1 of 1 to the sets with all the roadway details and geometry. ✓4/l added more notes defining the 5' sidewalk width as requested. (,5. Changed the WSEL on Sheet 2 for Pond 1 as directed. L6-�Re=labeled the outlet structure detail correctly as noted. here is no offsite drainage to be directed to the ponds. Albemarle Road breaks at the property line with the exsting portion draining to roadside ditches towards the East and Lots 263 and 264 drain to this ditch and then through an exsting Swale opposite Morning Glory Court to the South. We are collecting Lots 64-68 through a channel in the rear and then piping it under this existing swale and then into the pond. Likewise Lots 60-63 drain to the rear channel and are then piped to the pond - the other exsting lots drain to the roadside ditches. Additionally, Lots 261-262 drain to the roadside ditches and not to the pond. All the other new lots to the West of the property line will drain to the new curbed road and be piped to the ponds. The lots in Crestwood drain to the existing interceptor ditch at the NW PL and likewise do not enter the ponds. I trust this response to your review comments will allow you to finish processing the permit. We now have the land disturbing permit and New Hanover County stormwater "Authorization to Construct" in hand and the contractor has commenced operations. Thanks. Sincerely, ��J c David S. Hollis, PE, PLS Hanover Design Services dhollis@hdsilm.com 343-Office ME C E I VO E� 343-9941 9941 Fax 10010-GS-3.doc NOV 16 2012 BY:----- 1123 Floral Parkway Wilmington, N.C. 28403 Phone (910) 343-8002 Fax 9f0) 343-9941 Business Firm License No. C-0597 Pusey, Steven From: Pusey, Steven Sent: Friday, November 16, 2012 10:05 AM To: 'David Hollis' Cc: Bill Cameron (bill@cameronco.Gom); Greg Wayne Subject: RE: Wildflower DENR permit status David, It looks like we're going to need some more detail on the plans. Here's a list of additional items and/or corrections that are required: 1. on Sheet 1 of 6: The note about delineated 404 wetlands references Action ID 2007-00530. However, the wetlands survey shows SAW 2008-03315. Please revise note as needed. 2. Please explain how you calculated the total number of plants required for the vegetated shelf. It appears that there may not be enough plants if the formula is shelf area (sf) / 200 sf x 50 plants. The note should be changed on the plans in order to reflect the correct calculation and amount of plants. 3. Please provide road details such width, cul-de-sac radius, and pavement details. 4. Please dimension the sidewalk width. S. Please change the WSEL elevation to 25.5 on outlet structure detail on sheet 2 of 6 for Pond 1. 6. Please re -label outlet structure detail on sheet 3 of 6 to Pond 2. 7. Is there any offsite drainage area going to the ponds? It looks like there may be some area around intersection of Morning Glory and Albemarle Roads (Lots 261— 264). Also, check Lots 220 — 224 offsite. I look forward to your earliest response. However, please respond no later than November 27, 2012. Let me know if you have any questions. Thanks, Steve Pusey DWQ 910-796-7334 From: David Hollis [mailto:dhollis(a)hdsilm.coml Sent: Thursday, November 15, 2012 8:58 AM To: Pusey, Steven Cc: Bill Cameron (bill(alcameronco.com); Greg Wayne Subject: RE: Wildflower DENR permit status Thanks. From: Pusey, Steven[mailto:steven.pusey(a)ncdenr.gov] Sent: Thursday, November 15, 2012 8:56 AM To: David Hollis Subject: RE: Wildflower DENR permit status David, The file is in Linda Lewis' office for final review. I suppose the permit will go out within a week as it is now in the final stages. At, 2GVfU Hanover Design Services, P.A. Land Surveyors, Engineers, Land Planners (A October 29, 2012 Mr. Steve Pusey, Environmental Engineer Department of Environment and Natural Resources COD Division of Water Quality one 127 Cardinal Drive Extension�� Wilmington, NC 28405-3845 Re: Response to RAI High Density Storm Water Project, Wildflower Subdivision, New Hanover County HDS Project No. 10010, NCDENR SW8 120911 Steve: Attached please find two sets of the permit drawings, revised as per your requests and also as per some NCDOT revisions as follows: ✓ 1. 1 added the wetlands extents more clearly as per the approved delineation map, and removed "future" as requested. I added CL Spring Branch also as per that map. Although the USGS Quad clearly shows the Spring Branch "blue line" going south only at the ditch intersection, my understanding is that in negotiations with the Corps, they wanted the eastern ditch to be also designated Spring Branch, at least to the extents of the flood plain mapping, where they indicated the designation starts / stops. I added the 50' from top of bank stream vegetative buffer up to that location as required. The drainage easement as we show it was previously recorded, with the "subject to relocation" caveat in the deed. ✓2. 1 added a note in several places that BMPs and swales must be located in drainage easements, to be recorded in the final subdivision plats, as requested. ✓3. Could you please "fine tune" the latitude and longitude on the application to 34-15-15 and 77-51-45 respectively? Thanks. Sorry I was a little sloppy. /4. Attached envelope contains the signed and notarized restrictive covenants statement from Bill Cameron. ./ 5. The pond dimensions were clearly delineated on Sheet 4 in the insets, so I didn't revise this sheet. DOT requested some major revisions to the storm sewer system placement and alignment, but not anything else that will affect the parameters of your permit, or any of the numbers or inputs, but I've attached a copy of the additional calculations FYI. I trust this response to your review comments will allow you to process the permit satisfactorily. We now have the land disturbing permit and New Hanover County stormwater "Authorization to Construct" in hand. Thanks. Please let me know if you have any questions or require additional information. Sincer. David S. Hollis, PE, PLS Hanover Design Services dhollis@hdsilm.com 343-8002 Office 343-9941 Fax 10010-GS-2.doc OCT 3 0 2012 BY: 1123 Floral Parkway Wilmington, N.C. 28403 Phone (910) 343-8002 Fax 910) 343-9941 Business Firm License No. C-0597 Additional Stormwater & Storm Sewer Calculations for Wildflower Subdivision PREPARED FOR WFDC, LLC PO Box 3649 Wilmington, NC 28406 910-762-2676 CARD( I—"J'%' o `• A �� 20047 i a I j • O 4 .0 � f0.2 ✓ • t2_ David S. Hollis, PE, PLS Hanover Design Services, PA 1123 Floral Parkway Wilmington, NC 28403 PECEM= ICT 3 0 I'll Hydraflow Plan View C4- 0 eD Project file: Wildflower-1DOT.stm I OF file: WILMINGTON.IDF I No. Lines: 14 110-25-2012 Hydraflow Inlet Report f�CT Page 1 Line No Line ID A (ac) Inlet time (min) I (in/hr) C Q = CIA (cfs) Q carry (cfs) Q capt (cfs) Q byp (cfs) June type Curb Inlet Hit L (in) (ft) Grate Inlet area L W (sgft) (ft) (ft) Gutter So W Sw Sx (ftlft) (ft) (ft/ft) (ft/ft) Flow depth spread (ft) (ft) Byp line No 1 1-1 TO 1-2 0.00 0.0 0.00 0.60 0.00 0.00 0.00 0.00 MH 0.0 0.00 0.00 0.00 0.00 Sag 0.00 0.000 0.000 0.00 0.00 Offsite 2 1-2 TO 1-3 0.55 10.0 4.99 0.60 1.65 0.00 1.64 0.00 Comb 6.0 3.00 0.00 2.98 1.98 1.000 2.50 0.042 0.021 0.09 2.14 12 3 1-3 TO 1-3A 0.03 10.0 4.99 0.60 0.09 0.00 0.09 0.00 Comb 6.0 3.00 0.00 2.98 1.98 0.013 2.50 0.042 0.021 0.07 1.67 5 4 1-3A TO 1-313 1.21 15.0 4.35 0.60 3.16 0.00 3.16 0.00 Hdwl 0.0 0.00 0.00 0.00 0.00 0.000 0.00 0.000 0.000 0.00 0.00 3 5 1-3A TO 1-4 0.26 10.0 4.99 0.60 0.78 0.00 0.71 0.07 Comb 6.0 3.00 0.00 2.98 1.98 0.017 2.50 0.042 0.021 0.14 4.17 6 6 1-4 TO 1-5 0.62 10.0 4.99 0.60 1.86 0.11 1.97 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.18 4.29 12 7 1-5 TO 1-6 0.22 10.0 4.99 0.60 0.66 0.00 0.61 0.04 Comb 6.0 3.00 3.09 2.98 1.98 0.005 2.50 0.042 0.021 0.17 5.60 6 8 1-6 TO 1-6A 0.11 10.0 4.99 0.60 0.33 0.00 0.33 0.00 Comb 6.0 3.00 3.09 2.98 1.98 0.005 2.50 0.042 0.021 0.13 369 12 9 1-6A TO 1-7 0.70 15.0 4.35 0.60 1.83 0.25 2.08 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.18 4.29 8 10 1-7 TO 1-8 0.50 15.0 4.35 0.60 1.30 0.00 1.05 0.25 Comb 6.0 3.00 3.09 2.98 1.98 0.015 2.50 0.042 0.021 0.18 6.07 9 11 1-8 TO 1-8A 1 00 20.0 3.86 0.60 2.32 0.00 1.67 0.65 Comb 6.0 3.00 3.09 2.98 1.98 0.015 2.50 0.042 0.021 0.21 7.50 14 12 1-5 TO 1-5A 0.27 10.0 4.99 0.60 0.81 0.00 0.81 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.10 2.38 6 13 1-7 TO 1-7A 0.46 15.0 4.35 0.60 1.20 0.00 1.20 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.13 3.10 7 14 DBL 1-7A 0.46 15.0 4.35 0.60 1.20 0.65 1.84 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.17 4.05 13 Project File: Wildflower-1DOT.stm I-D-F File: WILMINGTON.IDF Total number of lines: 14 Run Date: 10-25-2012 NOTES: Inlet N-Values = 0.012 ; Design depth for grate(s) = 0.3 (ft); Intensity = 89.54 / (Inlet time + 18.80) ^ 0.86; Return period = 2 Yrs. ; ' Indicates Known Q added Hydraflow Storm Sewer Tabulation 6)C.D©T ►C9 Page 1 Station Line To Line Len (ft) Drng Area Incr Total (ac) (ac) Rnoff coeff (C) Area x C Incr Total Tc Inlet Syst (min) (min) Rain (1) (in/hr) Total flow (cfs) Cap full (cfs) Val (ft/s) Pipe Size Slope (in) (%) Invert Elev Up Dn (k) (k) HGL Elev Up Dn (ft) (ft) Grnd I Rim Elev Up Dn (ft) (k) Line ID " 1 End 25.0 0.00 6.39 0.60 0.00 3.83 0.0 24.7 4.6 22.04 64.62 3.16 36 0.80 25.20 25.00 28.01 28.00 30.00 28.00 1-1 TO 1-2 2 1 162.0 0.55 6.39 0.60 0.33 3.83 10.0 23.8 4.7 22.04 31.09 3.15 36 0.19 25.50 25.20 28.34 28.20 34.30 30.00 1-2 TO 1-3 3 2 25.0 0.03 5.84 0.60 0.02 3.50 10.0 23.7 4.7 19.98 39.74 4.13 30 0.80 26.20 26.00 28.53 28.50 34.30 34.30 1-3 TO 1-3A 4 3 42.0 1.21 1.21 0.60 0.73 0.73 15.0 15.0 5.6 4.07 17.55 3.38 18 2.38 29.00 28.00 29.77 29.50 32.00 34.30 1-3A TO 1-3B 5 3 122.0 0.26 4.60 0.60 0.16 2.76 10.0 23.0 4.8 15.80 17.99 3.23 30 0.16 26.50 26.30 28.94 28.80 32.20 34.30 1-3A TO 1-4 6 5 84.0 0.62 4.34 0.60 0.37 2.60 10.0 22.5 4.8 14.95 11.96 4.76 24 0.24 27.20 27.00 29.31 29.00 31.10 32.20 1-4 TO 1-5 7 6 156.0 0.22 3.45 0.60 0.13 2.07 10.0 21.7 4.9 11.32 8.77 3.61 24 0.13 27.40 27.20 29.68 29.35 31.60 31.10 1-5 TO 1-6 8 7 24.0 0.11 3.23 0.60 0.07 1.94 10.0 21.5 4.9 10.59 15.82 3.37 24 0.42 27.50 27.40 29.75 29.70 31.60 31.60 1-6 TO 1-6A 9 8 140.0 0.70 3.12 0.60 0.42 1.87 15.0 20.7 5.0 10.17 14.64 3.24 24 0.36 28.00 27.50 30.00 29.76 31.20 31.60 1-6A TO 1-7 10 9 110.0 0.50 1.50 0.60 0.30 0.90 15.0 20.1 5.0 3.37 5.94 1.99 18 0.27 28.80 28.50 30.10 30.01 32.10 31.20 1-7 TO 1-8 11 10 24.0 1.00 1.00 0.60 0.60 0.60 20.0 20.0 5.1 2.08 10.39 1.22 18 0.83 29.00 28.80 30.30 30.30 32.10 32.10 1-8 TO 1-8A 12 6 24.0 0.27 0.27 0.60 0.16 0.16 10.0 10.0 6.3 1.05 10.39 0.60 18 0.83 27.90 27.70 29.35 29.35 31.10 31.10 1-5 TO 1-5A 13 9 24.0 0.46 0.92 0.60 0.28 0.55 15.0 15.0 5.6 4.05 10.39 2.37 18 0.83 28.70 28.50 30.03 30.01 31.20 31.20 1-7 TO 1-7A 14 13 2.0 0.46 0.46 0.60 0.28 0.28 15.0 15.0 5.6 2.51 25.44 1.44 18 5.00 28.80 28.70 30.20 30.20 31.20 31.20 DBL 1-7A Project File: Wildflower-1DOT.stm I-D-F File: WILMINGTON.IDF Total number of lines: 14 Run Dale: 10-25-2012 NOTES: Intensity = 121.80 / (Tc + 23.50) ^ 0.84; Return period = 10 Yrs. ; Initial tailwater elevation = 28.00 (ft) Total flows limited to inlet captured flows. Hydrafiow Summary Report 2S-Cam Page 1 Line Line ID Flow Line Line Invert Invert Line HGL HGL Minor Dns No. rate size length EL Dn EL Up slope down up loss line (cfs) (in) (it) (ft) (ft) N (ft) (ft) (ft) No. 1 1-1 TO 1-2 25.18 36 c 25.0 25.00 25.20 0.800 28.00 28.02 0.02 End 2 1-2 TO 1-3 25.18 36 c 162.0 25.20 25.50 0.185 28.20 28.38 002 1 3 1-3 TO 1-3A 22.85 30 c 25.0 26.00 26.20 0.800 28.50 28.54 0.04 2 4 1-3A TO 1-3B 4.66 18 c 42.0 28.00 29.00 2.381 29.50 29.82 0.03 3 5 1-3A TO 1-4 18.06 30 c 122.0 26.30 26.50 0.164 28.80 29.00 0.02 3 6 1-4 TO 1-5 17.11 24 c 84.0 27.00 27.20 0.238 29.02` 29.43' 0.05 5 7 1-5 TO 1-6 12.95 24 c 156.0 27.20 27.40 0.128 29.48' 29.91` 0.03 6 8 1-6 TO 1-6A 12.13 24 c 24.0 27.40 27.50 0.417 29.94' 30.00` 0.02 7 9 1-6A TO 1-7 11.66 24 c 140.0 27.50 28.00 0.357 30.02' 30.34' 0.02 8 10 1-7 TO 1-8 3.77 18 c 110.0 28.50 28.80 0.273 30.36' 30.48' 0.01 9 11 1-8 TO 1-8A 2.33 18 c 24.0 28.80 29.00 0833 30.49 30.50 0.00 10 12 1-5 TO 1-5A 1.20 18 c 24.0 27.70 27.90 0.833 29.48' 29.48' 0.00 6 13 1-7 TO 1-7A 4.71 18 c 24.0 28.50 28.70 0.833 30.36' 30.40' 0.01 9 14 DBL 1-7A 2.94 18 c 2.0 28.70 28.80 5.000 30.41' 30.41' 0.00 13 Project File: Wildflower-1 DOT.stm I-D-F File: WILMINGTON.IDF Total No. Lines: 14 Run Date: 10-25-2012 NOTES: c = circular; e = elliptical; b = box; Return penod = 25 Yrs.; ' Indicates surcharge condition. Page 1 Hydraflow Hydraulic Grade Line Computations C 25 -b%.,- Line Size (in) Q (cfs) Downstream Invert HGL Depth Area Val Val EGL Sf elev elev head elev (ft) (ft) (ft) (sgft) Otis) (ft) (ft) N Len (ft) Upstream Invert HGL Depth Area Val Vel EGL Sf elev elev head elev (ft) (ft) (ft) (sgft) (ft/s) (ft) (ft) N Check Ave Enrgy Sf loss (%) (ft) JL coeff (K) Minor loss' (ft) 1 36 25.18 25.00 28.00 3.00 7.07 3.56 0.20 28.20 0.122 25.0 25.20 28.02 2.82 6.89 3.65 0.21 28.22 0.105 0.113 0.028 0.10 0.02 2 36 25.18 25.20 28.20 3.00' 7.07 3.56 0.20 28.40 0.122 162 25.50 28.38 2.88 6.97 3.61 0.20 28.58 0.106 0.114 0.184 0.10 0.02 3 30 22.85 26.00 28.50 2.50' 4.91 4.66 0.34 28.84 0.265 25.0 26.20 28.54 2.34 4.78 4.78 0.35 28.90 0.229 0.247 0.062 0.10 0.04 4 18 4.66 28.00 29.50 1.50" 1.77 2.64 0.11 29.61 0.168 42.0 29.00 29.82 0.82" 0.99 4.69 0.34 30.17 0,491 0.330 N/A 0.10 0.03 5 30 18.06 2630 28.80 2.50' 4,91 3.68 0.21 29.01 0.165 122 26.50 29.00 2.50 4.91 3.68 0.21 29.21 0.163 0.164 0.200 0.10 0.02 6 24 17.11 27.00 29.02 2.00 3.14 5.45 0.46 29.48 0.488 84.0 27.20 29.43 2.00 3.14 5.45 0.46 29.89 0.488 0.488 0.410 0.10 0.05 7 24 12.95 27.20 29.48 2.00 3.14 4.12 0.26 29.74 0.279 156 27.40 29.91 2.00 3.14 4.12 0.26 30.18 0.279 0.279 0.436 0.10 0.03 8 24 12.13 27.40 29.94 2.00 3.14 3.86 0.23 30.17 0.245 24.0 27.50 30.00 2.00 3.14 3.86 0.23 30.23 0.245 0.245 0.059 0.10 0.02 9 24 11.66 27.50 30.02 2.00 3.14 3.71 0.21 30.23 0.226 140 28.00 30.34 2.00 3.14 3.71 0.21 30.55 0.226 0.226 0.317 0.10 0.02 10 18 3.77 28.50 30.36 1.50 1.77 2.13 0.07 30.43 0.110 110 28.80 30.48 1.50 1.77 2.13 0.07 30.55 0.110 0A 10 0.121 0.10 0.01 11 18 2.33 28.80 30.49 1.50 1.77 1.32 0.03 30.51 0.042 24.0 29.00 30.50 1.50 1.77 1.32 0.03 30.52 0.040 0.041 0.010 0.10 0.00 i 12 18 1.20 27.70 29.48 1.50 1.77 0.68 0.01 29.48 0.011 24.0 27.90 29.48 1.50 1.77 0.68 0.01 29.49 0.011 0.011 0.003 0.10 0.00 13 18 4.71 28.50 30.36 1.50 1.77 2.66 0.11 30.47 0.171 24.0 28.70 30.40 1.50 1.77 2.66 0.11 30.51 0.171 0.171 0.041 0.10 0.01 14 18 2.94 28.70 30.41 1.50 1.77 1.66 0.04 30.45 0.067 2.0 28.80 30.41 1.50 1.77 1.66 0.04 30.46 0.067 0.067 0.001 0.10 0.00 Project File: Wildflower-1 DOT.stm I-D-F File: WILMINGTON.IDF Total number of lines: 14 Run Date. 10-25-2012 NOTES: Initial tailwater elevation = 28 (ft) , ' Crown depth assumed., " Critical depth assumed. Hydraflow Summary Report U "C Imo' (T ' Page 1 Line Line ID Flow Line Line Invert Invert Line HGL HGL Minor Dns No. rate size length EL Dn EL Up slope down up loss line (cfs) (in) (ft) (ft) (ft) N (ft) (ft) (ft) No. 1 1-1 TO 1-2 30.08 36 c 25.0 25.00 25.20 0.800 28.00 28.03 0.03 End 2 1-2 TO 1-3 30.08 36 c 162.0 25.20 25.50 0.185 28.20 28.47 0.03 1 3 1-3 TO 1-3A 27.38 30 c 25.0 26.00 26.20 0.800 28.50 28.57 0.05 2 4 1-3A TO 1-3B 5.58 18 c 42.0 28.00 29.00 2.381 29.50 29.90 0.04 3 5 1-3A TO 1-4 21.65 30 c 122.0 26.30 26.50 0.164 28.80" 29.09" 0.03 3 6 1-4 TO 1-5 20.56 24 c 84.0 27.00 27.20 0.238 29.12" 29.71' 0.07 5 7 1-5 TO 1-6 15.44 24 c 156.0 27.20 27.40 0.128 29.78" 30.40" 0.04 6 8 1-6 TO 1-6A 14.51 24 c 24.0 27.40 27.50 0.417 30.44" 30.52" 0.03 7 9 1-6A TO 1-7 13.97 24 c 140.0 27.50 28.00 0.357 30.55" 31.01" 0.03 8 10 1-7 TO 1-8 4.37 18 c 110.0 28.50 28.80 0.273 31.04" 31.20" 0.01 9 11 1-8 TO 1-8A 2.70 18 c 24.0 28.80 29.00 0.833 31.21' 31.22" 0.00 10 12 1-5 TO 1-5A 1.52 18 c 24.0 27.70 27.90 0.833 29.78" 29.78" 0.00 6 13 1-7 TO 1-7A 5.73 18 c 240 28.50 28.70 0.833 31.04" 31.10" 0.02 9 14 DBL 1-7A 3.61 18 c 20 28.70 28.80 5.000 31.12' 31.12" 0.01 13 Project File: Wildflower-1DOT.stm I-D-F File: WILMINGTON.IDF Total No. Lines: 14 Run Date: 10-25-2012 NOTES: c = circular; e = elliptical; b = box; Return period = 100 Yrs.; " Indicates surcharge condition. Hydraflow Hydraulic Grade Line Computations "4C -� Page 1 Line Size (in) Q (cfs) Downstream Invert HGL Depth Area Vel Vel EGL Sf elev elev head elev (ft) (ft) (ft) (sgft) (f/s) (ft) (ft) N Len (ft) Upstream Invert HGL Depth . Area Val Val EGL Sf elev elev head elev (ft) (ft) (ft) (sgft) (ft/s) (ft) (ft) N Check Ave Enrgy Sf loss (%) (ft) JL coeff (K) Minor loss (ft) 1 36 30.08 2500 28.00 3.00 7.07 4.26 0.28 28.28 0.173 25.0 25.20 28.03 2.83 6.91 4.36 0.29 28.32 0.150 0.162 0.040 0.10 0.03 2 36 30.08 25.20 28.20 3.00' 7.07 4.26 0.28 28.48 0.173 162 25.50 28.47 2.97 7.06 4.26 0.28 28.75 0.159 0.166 0.269 0.10 0.03 3 30 27.38 26.00 28.50 2.50' 4.91 5.58 0.48 28.98 0.380 25.0 26.20 28.57 2.37 4.81 5.69 0.50 29.07 0.329 0.354 0.089 0.10 0.05 4 18 5.58 28.00 29.50 1.50' 1.77 3.16 0.15 29.65 0.240 42.0 29.00 29.90 0.90" 1.11 5.03 0.39 30.29 0.530 0.385 N/A 0.10 0.04 5 30 21.65 26.30 28.80 2.50' 4.91 4.41 0.30 29.10 0.237 122 26.50 29.09 2.50 4.91 4.41 0.30 29.39 0.237 0.237 0.290 0.10 0.03 6 24 20.56 27.00 2912 2.00 3.14 6.55 0.67 29.79 0.705 84.0 27.20 29.71 2.00 3.14 6.55 0.67 30.38 0.704 0.705 0.592 0.10 0.07 7 24 15.44 27.20 29.78 2.00 3.14 4.92 0.38 30.15 0.397 156 27.40 30.40 2.00 3.14 4.92 0.38 30.77 0.397 0.397 0.620 0.10 0.04 8 24 14.51 27.40 30.44 2.00 3.14 4.62 0.33 30.77 0.351 24.0 27.50 30.52 2.00 3.14 4.62 0.33 30.85 0.351 0.351 0.084 0.10 0.03 9 24 13.97 27.50 30.55 2.00 3.14 4.45 0.31 30.86 0.325 140 28.00 31.01 2.00 3.14 4.45 0.31 31.32 0.325 0.325 0.455 0.10 0.03 10 18 4.37 28.50 31.04 1.50 1.77 2.47 0.09 31.13 0.147 110 28.80 31,20 1.50 1.77 2.47 0.09 31.30 0.147 0.147 0.162 0.10 0.01 11 18 2.70 28.80 31.21 1.50 1.77 1.53 0.04 31.25 0.057 24.0 29.00 31.22 1.50 1.77 1.53 0.04 31.26 0.057 0.057 0.014 0.10 0.00 12 18 1.52 2770 29.78 1.50 1.77 0.86 0.01 29.79 0.018 24.0 27.90 29.78 1.50 1.77 0.86 0.01 29.79 0.018 0.018 0.004 0.10 0.00 13 18 5.73 28.50 31.04 1.50 1.77 3.24 0.16 31.20 0.254 24.0 28.70 31.10 1.50 1.77 3.24 0.16 31.26 0.254 0.254 0.061 0.10 0.02 14 18 3.61 28.70 31.12 1.50 1.77 2.05 0.07 31.18 0.101 2.0 28.80 31.12 1.50 1.77 2.04 0.07 31.18 0.101 0.101 0.002 0.10 0.01 Project File: Wildflower-1 DOT.stm I-D-F File: WILMINGTON.IDF Total number of lines: 14 Run Date: 10-25-2012 NOTES: Initial tailwater elevation = 28 (it) , ' Grown depth assumed., " Critical depth assumed. Hydraflow Plan View ,1s 0i5 _ a 13 2 Proiect file: Wildflower-2A-DOT.stm I OF file: WILMINGTON.IDF I No. Lines: 19 1 10-25-2012 Hydraflow Inlet Report � �-�- tw(eaj- 2-�� Page 1 Line No Line ID A (ac) Inlet time (min) I (in/hr) C Q = CIA (cfs) Q carry (cfs) Q rapt (cfs) Q byp (cfs) June type Curb Inlet Hit L (in) (ft) Grate Inlet area L W (sgft) (ft) (ft) Gutter So W I Sw Sx (full (ft) (ft/ t) (ft/ft) Flow depth spread (ft) (ft) Byp line ' No 1 2-1 TO 2-2 0.00 0.0 0.00 0.60 0.00 0.00 0.00 0.00 MH 0.0 0.00 0.00 0.00 0.00 Sag 0.00 0.000 0.000 0.00 0.00 Offsite 2 2-2 TO 2-3 1.09 20.0 3.86 0.60 2.52 0.00 2.52 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.21 5.00 1 3 2-3 TO 2-4 0.50 10.0 4.99 0.60 1.50 0.00 1.50 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.15 3.57 2 4 2-4 to 2-4A 0.36 10.0 4.99 0.60 1.08 0.00 1.08 0.00 Comb 6.0 3.00 0.32 1.98 3.09 Sag 2.50 0.042 0.021 0.16 3.81 2 5 2-4 TO 2-5 0.28 10.0 4.99 0.60 0.84 0.00 0.84 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.10 2.38 3 6 2-5 TO 2-6 0.57 10.0 4.99 0.60 1.71 0.00 1.71 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.16 3.81 4 7 2-5 TO 2-7 0.28 10.0 4.99 0.60 0.84 0.00 0.84 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.10 2.38 5 8 2-7 TO 2-8 1.07 20.0 3.86 0.60 2.48 0.00 2.48 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.20 4.76 7 9 2-8 TO 2-8A 1.05 20.0 3.86 0.60 2.43 0.00 2.43 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.20 4.76 10 10 2-7 TO 2-7A 0.24 10.0 4.99 0.60 0.72 0.00 0.72 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.09 2.14 7 11 2-5 TO 2-9 0.14 10.0 4.99 0.60 0.42 0.00 0.42 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.07 1.67 10 12 DBL 2-9 0.14 10.0 4.99 0.60 0.42 0.00 0.42 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.07 1.67 11 13 DBL 2-9 TO 2-10 0.41 16.0 4.35 0.60 1.07 0.00 1.07 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.12 2.86 12 14 DBL 2-10 0.41 15.0 4.35 0.60 1.07 0.00 1.07 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.12 2.86 13 15 2-9 TO 2-9A 0.28 10.0 4.99 0.60 0.84 0.00 0.84 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.10 2.38 6 16 DBL 2-9A 0.28 10.0 4.99 0.60 0.84 0.00 0.84 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.10 2.38 15 17 2-10 TO 2-1 oA 0.52 15.0 4.35 0.60 1.36 0.00 1.36 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.14 3.33 16 18 DBL 2-10A 0.52 15.0 4.35 0.60 1.36 0.00 1.36 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.14 3.33 17 19 DBL 24A 0.36 10.0 4.99 0.60 1.08 0.00 1.08 0.00 Comb 6.0 3.00 3.09 2.98 1.98 Sag 2.50 0.042 0.021 0.12 2.86 4 Project File: Wildflower-2A-DOT.stm 1-0-F File: WILMINGTON.IDF Total number of lines: 19 Run Date: 10-25-2012 NOTES: Inlet N-Values = 0.013 ; Design depth for grate(s) = 0.3 (ft); Intensity = 89.54 / (Inlet time + 18.80) " 0.86; Return period = 2 Yrs. ; ' Indicates Known Q added Hydraflow Storm Sewer Tabulation Page 1 Station Line To Line Len (ft) Drng Area Incr Total (ac) (ac) Rnoff coeff (C) Area x C Incr Total Tc Inlet Syst (min) (min) Rain (1) (inlhr) Total flow (cfs) Cap full (cfs) Val (ft/s) Pipe Size Slope (in) (%) Invert Elev Up Dn (ft) (ft) HGL Elev Up Dn W M Grind / Rim Elev Up Dn (ft) (ft) Line ID 1 End 55.0 0.00 8.50 0.60 0.00 5.10 0.0 24.5 4.7 28.98 43.57 4.13 36 0.36 26.70 26.50 29.57 29.50 31 00 30.00 2-1 TO 2-2 2 1 160.0 1.09 8.50 0.60 0.65 5.10 20.0 23.6 4.7 28.98 31.29 4.11 36 0.19 27.00 26.70 29.94 29.70 32.20 31.00 2-2 TO 2-3 3 2 98.0 0.50 7.41 0.60 0.30 4.45 10.0 23.1 4.8 25.68 31.74 5.36 30 0.51 28.00 27.50 30.26 30.00 32.30 32.20 2-3 TO 2-4 4 3 24.0 0.36 0.72 0.60 0.22 0.43 10.0 10.0 6.3 2.72 10.39 1.60 18 0.83 29.20 29.00 30.51 30.50 32.30 32.30 2-4 to 24A 5 3 264.0 0.28 6.19 0.60 0.17 3.71 10.0 21.6 4.9 21.06 14.98 4.29 30 0.11 28.30 28.00 31.09 30.50 33.00 32.30 2-4 TO 2-5 6 5 24.0 0.57 0.57 0.60 0.34 0.34 10.0 10.0 6.3 2.16 10.39 1.22 18 0.83 29.50 29.30 31.13 31.12 33.00 33.00 2-5 TO 2-6 7 5 40.0 0.28 2.64 0.60 0.17 1.58 10.0 21.4 4.9 8.40 17.33 2.68 24 0.50 29.00 28.80 31.17 31.12 33.00 33.00 2-5 TO 2-7 8 7 222.0 1.07 2.12 0.60 0.64 1.27 20.0 20.1 5.0 6.44 10.40 2.06 24 0.18 29.40 29.00 31.32 31.18 33.00 33.00 2-7 TO 2-8 9 8 24.0 1.05 1.05 0.60 0.63 0.63 20.0 20.0 5.1 3.19 7.34 1.83 18 0.42 30.00 29.90 31.41 31.40 33.00 33.00 2-8 TO 2-8A 10 7 24.0 0.24 0.24 0.60 0.14 0.14 10.0 10.0 6.3 0.91 10.39 0.51 18 0.83 29.70 29.50 31.18 31.18 33.00 33.00 2-7 TO 2-7A 11 5 86.0 0.14 2.70 0.60 0.08 1.62 10.0 16.1 5.5 9.44 11.82 3.00 24 0.23 29.00 28.80 31.25 31.12 33.00 33.00 2-5 TO 2-9 12 11 2.0 0.14 2.00 0.60 0.08 1.20 10.0 16.1 5.5 6.79 54.79 2.16 24 5.00 29.10 29.00 31.27 31.26 33.00 33.00 DBL 2-9 13 12 178.0 0.41 1.86 0.60 0.25 1.12 15.0 15.1 5.6 6.26 5.39 3.54 18 0.22 30.00 29.60 31.81 31.27 33.80 33.00 DBL 2-9 TO 2 14 13 2.0 0.41 0.41 0.60 0.25 0.25 15.0 15.0 5.6 1.38 25.44 0.78 18 5.00 30.10 30.00 31.83 31.83 33.80 33.80 DBL 2-10 15 11 24.0 0.28 0.56 0.60 0.17 0.34 10.0 10.0 6.3 2.12 10.39 1.20 18 0.83 29.70 29.50 31.27 31.26 33.00 33.00 2-9 TO 2-9A 16 15 2.0 0.28 0.28 0.60 0.17 0.17 10.0 10.0 6.3 1.06 25.44 0.60 18 5.00 29.80 29.70 31.27 31.27 33.00 33.00 DBL 2-9A 17 13 24.0 0.52 1.04 060 0.31 0.62 15.0 15.0 5.6 3.50 10.39 1.98 18 0.83 30.20 30.00 31.85 31.83 33.80 33.80 2-10 TO 2-10 18 17 2.0 0.52 0.52 0.60 0.31 0.31 15.0 15.0 5.6 1.75 25.44 0.99 18 5.00 30.30 30.20 31.86 31.86 33.80 33.80 DBL 2.10A 19 4 2.0 0.36 0.36 0.60 0.22 0.22 10.0 10.0 6.3 1.36 25.44 0.78 18 5.00 29.30 29.20 30.70 30.70 32.30 32.30 DBL 24A Project File: Wildflower-2A-DOT.stm I-D-F File: WILMINGTON.IDF Total number of lines: 19 Run Date: 10-25-2012 NOTES: Intensity = 121.80 / (Tc + 23.50) ^ 0.84; Return period = 10 Yrs. ; Initial tailwater elevation = 29.50 (ft) Total flaws limited to inlet captured flows. Hydraflow Summary Report IMP GC""`k-t� 2.5 -(�V� Page Line Line ID Flow Line Line Invert Invert Line HGL HGL Minor Dns No. rate size length EL Dn EL Up slope down up loss line (cfs) (in) (ft) (ft) (ft) (%) (ft) (ft) (ft) No. 1 2-1 TO 2-2 33.13 36 c 55.0 26.50 26.70 0.364 29.50 29.60 0.03 End 2 2-2 TO 2-3 33.13 36 c 160.0 26.70 27.00 0.187 29.70 3000 0.03 1 3 2-3 TO 2-4 29.33 30 c 98.0 27.50 28.00 0.510 30.03 30.42 0.06 2 4 2-4 to 2-4A 3.10 18 c 24.0 29.00 29.20 0.833 30.50 30.51 0.01 3 5 2-4 TO 2-5 24.08 30 c 264.0 28.00 28.30 0.114 30.50' 31.28' 0.04 3 6 2-5 TO 2-6 2.45 18 c 24.0 29.30 29.50 0.833 31 31' 31.32' 0.00 5 7 2-5 TO 2-7 9.64 24 c 40.0 28.80 29.00 0.500 31.31 • 31.38' 0.01 5 8 2-7 TO 2-8 7.40 24 c 222.0 2900 29.40 0.180 31.39' 31.59' 0.01 7 9 2-8 TO 2-8A 3.67 18 c 24.0 29.90 30.00 0.417 31.60' 31.63' 0.01 8 10 2-7 TO 2-7A 1.03 18 c 24.0 29.50 29.70 0.833 31.39' 31.39' 0.00 7 11 2-5 TO 2-9 10.78 24 c 86.0 28.80 29.00 0.233 31.31' 31.48' 0.02 5 12 DBL 2-9 7.77 24 c 2.0 29.00 29.10 5.000 31.50' 31.50' 0.01 11 13 DBL 2-9 TO 2-10 7.16 18 c 178.0 29.60 30.00 0.225 31.51' 32.22' 0.03 12 14 DBL 2-10 1.58 18 c 2.0 30.00 30.10 5.000 32.24` 32.24' 0.00 13 15 2-9 TO 2-9A 2.41 18 c 24.0 29.50 29.70 0.833 31.50' 31.51' 000 11 16 DBL 2-9A 1.21 18 c 2.0 29.70 29.80 5.000 31.51' 31.51' 0.00 15 17 2-10 TO 2-10A 4.01 18 c 24.0 30.00 30.20 0.833 32.24' 32.27' 0.01 13 18 DBL 2-10A 2.00 18 c 2.0 30.20 30.30 5.000 32.28' 32.28` O.00 17 19 DBL 2-4A 1.55 18 c 2.0 29.20 29.30 5.000 30.70 30.70 0.00 4 Project File: Wildflower-2A-DOT.stm I-D-F File: WILMINGTON.IDF Total No. Lines: 19 Run Date: 10-25-2012 NOTES: c = circular; e = elliptical; b = box; Return period = 25 Yrs.; ' Indicates surcharge condition. Hydraflow Hydraulic Grade Line Computations ��� ��'�'� Page, Line Size (in) Q (cfs) Downstream Invert HGL Depth Area Vol Vel EGL Sf elev elev head elev (ft) (ft) (ft) (sgft) (ftls) (ft) (ft) N Len (ft) Upstream Invert HGL Depth Area Vel Vol. EGL Sf elev elev head elev (ft) (ft) (ft) (sgft) (ft/s) (ft) (ft) N Check Ave Enrgy Sf loss N (ft) JL coeff (K) Minor loss, (ft) 1 36 33.13 26.50 29.50 3.00 7.07 4.69 0.34 29.84 0.210 55.0 26.70 29.60 2.90 7.00 4.74 0.35 29.95 0.184 0.197 0.109 0.10 0.03 2 36 33.13 26.70 29.70 3.00' 7.07 4.69 0.34 30.04 0.210 160 27.00 30.00 3.00 7.07 4.69 0.34 30.34 0.206 0.208 0.333 0.10 0.03 3 30 29.33 27.50 30.03 2.50 4.91 5.98 0.56 30.59 0.436 98.0 28.00 30.42 2.42 4.86 6.03 0.57 30.99 0.383 0.410 0.401 0.10 0.06 4 18 3.10 29.00 30.50 1.50' 1.77 1.75 0.05 30.55 0.074 24.0 29.20 30.51 1.31 1.64 1.89 0.06 30.56 0.067 0.071 0.017 0.10 0.01 5 30 24.08 28.00 30.50 2.50' 4.91 4.91 0.37 30.87 0.294 264 28.30 31.28 2.50 4.91 4.91 0.37 31.65 0.294 0.294 0.776 0.10 0.04 6 18 2.45 29.30 31.31 1.50 1.77 1.39 0.03 31.34 0.047 24.0 29.50 31.32 1.50 1.77 1.39 0.03 31.35 0.046 0.047 0.011 0.10 0.00 7 24 9.64 28.80 31.31 2.00 3.14 3.07 0.15 31.46 0.155 40.0 29.00 31.38 2.00 3.14 3.07 0.15 31.52 0.155 0.155 0.062 0.10 0.01 8 24 7.40 29.00 31.39 2.00 3.14 2.36 0,09 31.48 0.091 222 29.40 31.59 2.00 3.14 2.36 0.09 31.68 0.091 0.091 0.203 0.10 0.09 9 18 3.67 29.90 31.60 1.50 1.77 2.08 0.07 31.67 0.104 24.0 30.00 31.63 1.50 1.77 2.07 0.07 31.69 0.104 0.104 0.025 0.10 0.01 10 18 1.03 29.50 31.39 1.50 1.77 0.58 0.01 31.40 0.008 24.0 29.70 31.39 1.50 1.77 0.58 0.01 31.40 0.008 0.008 0.002 0.10 0.00 11 24 10.78 28.80 31.31 2.00 3.14 3.43 0.18 31.50 0.194 86.0 29.00 31.48 2.00 3.14 3.43 0.18 31.66 0.194 0.194 0.166 0.10 0.02 12 24 7.77 29.00 31.50 2.00 3.14 2.47 0.10 31.59 0.101 2.0 29.10 31.50 2.00 3.14 2.47 0.10 31.60 0.100 0.101 0.002 0.10 0.01 13 18 7,16 29.60 31.51 1.50 1.77 4.06 0.26 31.77 0.397 178 30.00 32.22 1.50 1.77 4.05 0.26 32.47 0.397 0.397 0.706 0.10 0.03 14 18 158 30.00 3224 1.50 1.77 0.89 0.01 32.25 0.019 2.0 30.10 32.24 1.50 1.77 0.89 0.01 32.25 0.019 0.019 0.000 0.10 0.00 15 18 2.41 29.50 31.50 1.50 1.77 1.36 0.03 31.53 0.045 24.0 29.70 31.51 1.50 1.77 1.36 0.03 31.54 0.045 0.045 0.011 0.10 0.00 16 18 1.21 29.70 31.51 1.50 1.77 0.68 0.01 31.52 0.011 2.0 29.80 31.51 1.50 1.77 0.68 0.01 31.52 0.011 0.011 0.000 010 0.00 17 18 4.01 30.00 32.24 1.50 1.77 2.27 0.08 32.32 0.124 24.0 30.20 32.27 1.50 1.77 2.27 0.08 32.35 0.124 0.124 0.030 0.10 0.01 18 18 2.00 30.20 32.28 1.50 1.77 1.13 0.02 32.30 0.031 2.0 30.30 32.28 1.50 1.77 1.13 0.02 32.30 0.031 0.031 0.001 0.10 0.00 19 18 1.55 29.20 30.70 1.50• 1.77 0.88 0.01 30.71 0.019 2.0 29.30 30.70 1.40 1.72 0.90 0.01 30.71 0.016 0.017 0.000 0.10 0.00 Project File: Wildflower-2A-DOT.stm I-D-F File: WILMING I ON.IDF Total number of lines: 19 Run Date: 10-25-2012 NOTES: Initial tailwater elevation = 29.5 (ft) , ' Crown depth assumed., "' Critical depth assumed. WFDC, LLC Post Office Box 3649 - Wilmington, NC 28406 (910) 762-2676 • Fax (910) 762-2680 October 25, 2012 Mr. Steve G. Pusey NCDENR 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RE: Stormwater Project No. SW8 120911 Dear Mr. Pusey: Please find enclosed hereto a signed and notarized Restrictions statement for the above referenced project. Thank you for your assistance in processing this permit application. Very truly yours. WFDC. LLC By: William H. Cameron, Manager WHC:dp Enclosure i� OCT 3 0 2012 NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor October 22, 2012 Division of Water Quality Charles Wakild, P. E. Director William H. Cameron, Manager WFDC, LLC 1201 Glen Meade Road Wilmington, NC 28401 Subject: Request for Additional Stormwater Project No. Wildflower Subdivision New Hanover County Dear Mr. Cameron Information SW8 120911 Dee Freeman Secretary The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for Wildflower Subdivision on September 24, 2012. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Please delineate all wetlands on site for the E&SC & WQ Plan sheets 1 through 3 of 6, as shown on your Cover Sheet 1 of 4 and the wetlands map. The note for "Future" should be removed on plan sheets 1 & 2 of 6 because development is not allowed in the wetlands. In addition, please change C/L of ditch to C/L of Spring Branch (as shown on the wetlands map) for Cover Sheet 1 of 4 and E&SC & WQ Plan sheets 1 through 3 of 6. Also on these plan sheets, please add the 50' stream buffer per 2008 Coastal Stormwater Rules. The 50' wide vegetative buffer should be measured from the top of bank of each side of the stream. A drainage easement should not apply adjacent to the stream. 2. All BMP's and swales must be located in a recorded drainage easement. Please show the locations of all access/drainage easements on the plans, to be recorded with the final plat. 3. Please check the latitude and longitude provided on the application for accuracy. It appears to be incorrect. 4. Please provide a signed and notarized deed restriction statement for this subdivision. Please provide dimensions for each line and arc formed by the permanent pool contour of each wet detention pond. Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms to ensure that the numbers are consistent throughout. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX, 910-350-20041 DENR Assistance1-877-623-6748 Internet: w .nmaterquality org TnCn.i..1/A nnn.. n.n.\I..n CmNnvn. William H. Cameron Project # SW8120911 October 22, 2012 Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to November 22, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at steven.pusey@ncdenr.gov. Sincerely, Steve G.Pusey Environmental Engineer GDS/sgp: S:IWQSIStormwaterlPermits & Projects120121120911 HD12012 addinfo 120911 cc: David Hollis, PE, PLS — Hanover Design.Services, PA Wilmington Regional Office Stormwater File Nee i of Johnson, Kelly From: Donna Pardue [donna@cameronco.com] Sent: Tuesday, September 25, 2012 1:49 PM To: Johnson, Kelly, dhollis@hdsilm.com Cc: Bill Cameron Subject: WFDC, LLC - Operating Agreement Attachments: WFDC, LLC - Operating Agreement.pdf Please find attached the signed Operating Agreement for WFDC, LLC. Have a wonderful day! Donna Donna Pardue CAMERONMANAGEMENT, INC. Post Olhce Box 3649 1201 Glen Mead Road (28401) Wilmington, North Carolina 28406 Phone: 910-762-2676 Fax: 910-762-2680 OPERATING AGREEMENT OF WFDC, LLC THIS OPERATING AGREEMENT (this "Agreement') of WFDC, LLC, (the "Company"), a limited liability company organized pursuant to the North Carolina Limited Liability Company Act, is executed effective as of July 6, 2012, by and among the Company and the persons executing this Agreement as the initial Members (as defined below). ARTICLE I - DEFINITIONS 1.1 Definitions. The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): (a) "Act" means the North Carolina Limited Liability Company Act, as the same may be amended from time to time. (b) "Adjusted Capital Account' means, with respect to a Member, the balance in such Members 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 of Organization" means the Articles of Organization of the Company filed with the Secretary of State, as amended or restated from time to time. (d) "Capital Account' means for each Member the account established pursuant to Section 7.2 hereof and maintained in accordance with the provisions of this Agreement. (e) "Capital Contribution" means any contribution to the capital of the Company in cash or property by a Member whenever made. (f) "Code" means the Internal Revenue Code of 1986, as amended from time to time (and any corresponding provisions of succeeding law). (g) "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 Manager, 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 Manager deems 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 July 6; 2012, and continue through December 31, 2012. (i) "Income" means, for each Fiscal Year or other period, each item of income and gain as determined, recognized and classified for federal income tax purposes, provided that any"; income or gain that is exempt from federal income tax shall be included as if it was an item of taxable income. G) "Initial Capital Contribution" means the initial contribution to the capital of the Company made by a Member pursuant to Section 7.1(a) of this Agreement. (k) "Loss" means, for each Fiscal Year or other period, each item of loss or deduction as determined, recognized and classified for federal income tax purposes, increased by (i) expenditures described in Section 705(a)(2)(B) of the Code, (ii) expenditures contemplated by Section 709 of the Code (except for amounts with respect to which an election is properly made under Section 709(b) of the Code); and (iii) expenditures resulting in a deduction for a loss incurred in connection with the sale or exchange of Company property that is disallowed to the Company under Section 267(a)(1) or Section 707(b). (1) "Majority in Interest" means, with respect to any referenced group of Members, a combination of any of such Members who, in the aggregate, own more than fifty percent (50%) of the Membership Interests owned by all of such referenced group of Members. (m) "Manager" means the initial Manager named in the Articles of Organization of the Company, or any other Person that succeeds such Manager in his capacity as manager or any other Persons elected to act as Manager of the Company as provided herein. (n) "Member" means each Person designated as a member of the Company on Schedule I hereto, or any additional member admitted as a member of the Company in accordance with Article IX. "Members" refers to such Persons as a group. (o) "Membership Interest" means all of a Member's rights in the Company, including without limitation, the Member's shareof the profits and losses of the Company, the right to receive distributions of the Company's assets, any right to vote and any right to participate in the management of the Company as provided in the Act and this Agreement. As to any Member, Membership Interest shall mean the percentage set forth opposite such Member's name on Schedule I hereto. (p) "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. (q) "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. (r) "Related party" means a descendant of Bruce B. Cameron, Sr., and wife, Lottie F. Cameron, and/or a trust for the sole benefit of one or more descendants of Bruce B. Cameron, Sr., and wife, Lottie F. Cameron. "Related party" shall include persons born out of wedlock and adopted persons. 2 (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). ARTICLE II - FORMATION OF THE COMPANY 2.1 Formation. The Company was formed on July 6, 2012, upon the filing with the Secretary of State of the Articles of Organization of the Company. In consideration of the mutual premises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the rights and obligations of the parties and the administration and termination of the Company shall be governed by this Agreement, the Articles of Organization and the Act. 2.2 Name. The business and affairs of the Company shall be conducted under the name WFDC, 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 1201 Glen Meade Road, Wilmington, New Hanover County, North Carolina 28401, and the name of its initial registered agent at such address shall be William H. Cameron. 2.4 Principal Place of Business. The principal place of business of the Company within the State of North Carolina shall be 1201 Glen Meade Road, Wilmington, New Hanover County, North Carolina 28401. The Company may locate its places) of business and registered office at any other place or places as the Manager may from time to time deem necessary or advisable. 2.5 Term. The duration of the Company shall be unlimited, in accordance with the Company's Articles of Organization, unless the Company is earlier dissolved and its affairs wound up in accordance with the provisions of this Agreement or the Act. 2.6 Purposes and Powers. (a) The Company may engage in any lawful business for which limited liability companies may be organized under the Act unless a more limited purpose is stated in the Articles of Organization. (b) The Company shall have any and all powers which are necessary or desirable to carry out the purposes and business of the Company, to the extent the same may be legally exercised by limited liability companies under the Act. The Company shall carry out the foregoing activities pursuant to the arrangements set forth in the Articles of Organization and this Agreement. 3 2.7 Nature of Members' Interests. The interests of the Members in the Company shall be personal property for all purposes. Legal title to all Company assets shall be held in the name of the Company. Neither any Member nor a successor, representative or assign of such Member, shall have any right, title or interest in or to any Company property or the right to partition any real property owned by the Company. Interests may be evidenced by a certificate of membership interest issued by the Company, in such form as the Manager may determine. ARTICLE III - RIGHT AND DUTIES OF THE MANAGER 3.1 Management. The business and affairs of the Company shall be managed by the Manager. In addition to the powers and authorities expressly conferred by this Agreement upon the Manager, the Manager shall have full and complete authority, power and discretion to manage and control the business of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary to or incident to the management of the Company's business, except only as to those acts and things as to which approval by the Members is expressly required by the Articles of Organization, this Agreement, the Act or other applicable law. 3.2 Number and Qualifications. There shall initially be one Manager of the Company. 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. Such Majority of the Members shall have the right, power, and authority to adopt an amendment to this Agreement reflecting the fact that there are more than one Manager, and to provide for operation of the Company by more than one Manager. The name and consent of the Manager to serve as such shall be evidenced on Schedule II attached hereto and made a part hereof, as amended upon any change of the Manager. The Manager need not be a resident of the State of North Carolina or a Member of the Company. 3.3 Election and Term of Office. The Manager shall be elected at the annual meeting of the Members (except as provided in Sections 3.5 and 3.6). The Manager shall hold office until the Manager's successor shall have been elected and qualified, or until the death or dissolution of the 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. Any Manager of the Company may resign at any time by giving written notice to all of the Members of the Company. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 3.5 Removal. At any special meeting of the Members called expressly for that purpose, the Manager may be removed at any time, either with or without cause, by the affirmative vote of a Majority in Interest of all the Members then entitled to vote at any election of the Manager. 4 3.6 . Vacancies. Any vacancy occurring for any reason in the Manager of the Company may be filled by the affirmative vote of a Majority in Interest of all the Members then entitled to vote at any election of the Manager. 3.7 Inspection of Books and Records. The Manager shall have the right to examine all books and records of the Company for a purpose reasonably related to the Manager's position as a Manager. 3.8 Compensation. The compensation of the Manager of the Company shall be fixed from time to time by an affirmative vote of a Majority in 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 receiving such salary by reason of the fact that he is also a Member of the Company. ARTICLE IV - MEMBERS 4.1 Names and Addresses of Members. The names, addresses and Membership Interests of the Members are as reflected in Schedule I attached hereto and made a part hereof, which Schedule shall be as amended by the Company as of the effectiveness of any transfer or subsequent issuance of any Membership Interest. 4.2 Admission of Members (a) In the case of a Person acquiring a Membership Interest directly from the Company, the Person shall become a Member with respect to such Membership Interest on compliance with the requirements of Article IX and making the Capital Contributions specified in Section 7.1. (b) An assignee of a Membership Interest shall become a Member on compliance with the requirements of Article IX. (c) Any Person may become a Member unless such Person lacks capacity or is otherwise prohibited from being admitted by applicable law. ARTICLE V - MEETINGS OF MEMBERS 5.1 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 by the Manager from time to time and stated in the notice of the meeting. The purposes of the annual meeting need not be enumerated in the notice of such meeting. 5.2 Special Meetings of Members. Special meetings of the Members may be called by the Manager or by the holder(s) 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. 5.3 Notice of Meetings of Members. Written notice stating the place, day and hour of the meeting and, additionally in the case of special meetings, stating the principal place of business of the Company as the location and the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) nor more than sixty (60) days before the date of the meeting, to each Member of record entitled to vote at such meeting. 5.4 Record Date. For the purpose of determining Members entitled to notice of or to vote at any meeting of members or any adjournment thereof, or Members entitled to receive payment of any distribution, or to make a determination of Members for any other purpose, the date on which notice of the meeting is mailed or the date on which such distribution is declared, as the case may be, shall be the record date for such determination of Members. When a determination of Members entitled to vote at any meeting of Members has been made as provided in this Section, such determination shall apply to any adjournment thereof. 5.5 Quorum. A Majority in Interest of the Members shall constitute a quorum at all meetings of the Members, except as otherwise provided by law or this Agreement. Once a quorum is present at the meeting of the Members, the subsequent withdrawal from the meeting of any Member prior to adjournment or the refusal of any Member to vote shall not affect the presence of a quorum at the meeting. If, however, such quorum shall not be present at the opening of any meeting of the Members, the Members entitled to vote at such meeting shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until the holders of the requisite amount of Membership Interests shall be present or represented. 5.6 Actions by Members Other than for Election of the Manager. Except for a matter for which the affirmative vote of the holders of a greater portion of the Membership Interests entitled to vote is required by law, the Articles of Organization or this Agreement, the act of Members shall be the affirmative vote of a Majority in Interest of all the Members represented and voting at the meeting. Members may participate in any meeting of the Members by means of a conference telephone or similar communications equipment, provided all persons participating in the meeting can hear one another, and such participation in a meeting shall constitute presence in person at the meeting. 5.7 Action by Members to Elect the Manager. For purposes of voting on the election of the Manager, the Manager shall be elected at any meeting of the Members at which a quorum is present by a Majority in Interest of all the Members represented and voting at the meeting. 5.8 List of Members Entitled to Vote. The Manager shall make, at least ten (10) days before each meeting of Members, a complete list of the Members entitled to vote at such meeting, or any adjournment of such meeting, arranged in alphabetical order, with the address of and the Membership Interest held by each, which list, for a period of ten (10) days prior to such meeting, shall be kept on file at the registered office of the Company and shall be subject to inspection by any Member at any time during usual business hours. Such list shall also be produced and kept open at the time and place of the meeting and shall be subject to inspection of any Member during the whole time of the meeting. However, failure to comply with the requirements of this Section shall not affect the validity of any action taken at such meeting. 0 5.9 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 this Agreement or the laws of North Carolina. 5.10 Action of Members by Written Consent. Any action of the Members maybe taken by written consent without a meeting. Any such action which may be taken by the Members without a meeting shall be effective only if the consents are in writing, set forth the action so taken, and are signed by all Members eligible to vote on such action. ARTICLE VI - LIMITATION OF LIABILITY AND INDEMNIFICATION OF MANAGER AND MEMBERS 6.1 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 a Member, except as provided 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 the Manager and Members, then the liability of a Manager or Member of the Company shall be eliminated or limited to the fiillest 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. 6.2 Indemnification. The Company shall indemnify the Manager and Members to the fiillest extent permitted or required by the Act, as amended from time to time, and the Company may advance expenses incurred by the Manager or Member upon the approval of the Manager 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 by the Company against such expenses. The Company may also indemnify its employees and other representatives or agents up to the fullest extent permitted under the Act or other applicable law, provided that the indemnification in each such situation is first approved by Members owning a Majority in Interest. 6.3 Other Rights. The indemnification provided by this Agreement shall: (i) be deemed exclusive of any other rights to which a person seeking indemnification may be entitled under any statute, agreement, vote of Members or action by a disinterested Manager, 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. 6.4 Report to Members. The details concerning any action to limit the liability, indemnify or advance expenses 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 VII - CONTRIBUTIONS TO CAPITAL AND CAPITAL ACCOUNTS; LOANS 7.1 Capital Contribution; Loans. (a) Upon execution of this Agreement, each Member agrees to contribute cash and property to the Company as set forth as the Initial Capital Contribution of such Member on Schedule I, attached hereto. (b) If the Manager determines that the Initial Capital Contributions are insufficient to carry out the purposes of the Company, the Manager shall 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's to the Company pro -rats in accordance with such Member's then existing Membership Interest within the time period approved by the Majority in Interest of the Members. In the event any Member fails to fulfill any commitment to contribute additional capital (the "Defaulting Member'l, the Manager may elect to allow the remaining Members (the "Lending Members") to contribute to the Company, pro rata by Membership Interest, such Additional Capital Contribution. All amounts so contributed by the Lending Members shall be considered a loan to the Defaulting Member bearing interest at the prime rate, as set out in the Wall Street Journal on the date of the loan, plus three percent (3%) simple interest, until repaid. In addition, until all of such loans are repaid by the Defaulting Member, all distributions from the Company which would have been paid to the Defaulting Member shall be paid to the Lending Members in proportion to the then outstanding interest and principal of such loans. (c) No Member shall be paid interest on any Capital Contribution to the Company. (d) In addition to the loans to the Defaulting Member provided for in Section 7.1(b) above, upon approval of the terms thereof by the Manager, any Member may make a loan to the Company upon commercially reasonable terms. Loans by a Member to the Company shall not be considered Capital Contributions. 7.2 Capital Accounts. (a) The Company shall maintain a separate capital account (each a "Capital Account") for each Member pursuant to the principles of this Section 7.2 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 7.1 and (ii) such Member's allocable share of Company Income and Net Income pursuant to Section 8.1. Such Capital Account shall be decreased by (i) the amount of cash distributed to the Member by the Company pursuant to Section 8.2 and (ii) such Member's allocable share of Loss and Net Loss pursuant to Section 8.1. (b) The provisions of this Section 7.2 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 1.7041(b). The Members intend that such provisions be interpreted and applied in a manner consistent with such Treasury Regulations. The Manager is authorized to modify the manner in which the Capital Accounts are maintained if the Manager determines that such modification (i) is required or prudent to comply with the Treasury Regulations and (ii) is not likely to have a material effect on the amounts distributable to any Member upon the dissolution of the Company. 7.3 Withdrawal or Reduction of Members' Contributions to Capital. (a) No Member shall have the right to withdraw all or any part of its Capital Contribution or to receive any return on any portion of its Capital Contribution, except as may be otherwise specifically provided in this Agreement. Under circumstances involving a return of any Capital Contribution, no Member shall have the right to receive property other than cash. (b) No Member shall have priority over any other Member, either as to the return of Capital Contributions or as to the Income, Net Losses or distributions; provided that this subsection shall not apply to loans (as distinguished from Capital Contributions) which a Member has made to the Company. 7.4 Liability of Members. No Member shall be liable for the debts, liabilities or obligations of the Company beyond his or its respective Initial Capital Contribution and any Additional Capital Contribution required of such Member pursuant to Section 7.1(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 V HI - ALLOCATIONS, DISTRIBUTIONS, ELECTIONS AND REPORTS 8.1 Allocations. Subject to the provisos set forth below in this Section 8.1, 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 8.1, 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), 1.704-1(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 pro rats 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 (b)(2)(ii)(d) of the Treasury Regulations and this proviso shall be interpreted consistently with such Treasury Regulation. 8.2 Distributions. The Manager shall distribute Distributable Cash and other property at such times and in such amounts as he may determine, in his sole discretion. All such 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 8.3, all distributions of Distributable Cash and property shall be made at such time as determined by the Manager. 8.3 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. 8.4 Allocations for Tax Purposes. 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 8.1. In the event of a transfer of, or other change in, an 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 Manager. 8.5 Tax Status, Elections and Modification 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 Manager, in his 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 the Manager, acting in his sole and absolute discretion. (c) The Manager 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" a 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. 8.6 Tax Matters Partner. The Manager, if he or she is a Member, shall serve as the "tax matters partner" for federal income tax purposes, or if the Manager is not a Member, he or she 10 shall designate a Member to serve as the "tax matters partner". The Manager shall designate a Manager who is a Member, or, if the Manager is not a Member, one of the Members to serve as the "tax matters partner" for federal income tax purposes. The tax matters partner is authorized and required to represent the Company in connection with all examinations of the Company's affairs by tax authorities, including resulting administrative and judicial proceedings, and to expend Company funds for professional services and costs associated therewith. The tax matters partner shall have the final decision making authority with respect to all Federal income tax matters involving the Company. The Members agree to cooperate with the tax matters partner and to do or refrain from doing any or all things reasonably required by the tax matters partner to conduct such proceedings. Any direct out-of-pocket expense incurred by the tax matters partner in carrying out his obligations hereunder shall be allocated to and charged to the Company as an expense of the Company for which the tax matters partner shall be reimbursed. 8.7 Records and Reports. At the expense of the Company, the Manager shall maintain records and accounts of all operations and expenditures of the Company. The Company shall keep at its principal place of business the records required by the Act to be maintained there. 8.8 Books of Account. (a) The Company shall maintain the Company's books and records and shall determine all items of Income, Loss, Net Income and Net Loss in accordance with the method of accounting selected by the Manager, consistently applied. All of the records and books of account of the Company, in whatever form maintained, shall at all times be maintained at the principal office of the Company and shall be open to the inspection and examination of the Members or their representatives during reasonable business hours. Such right may be exercised through any agent or employee of a Member designated by it or by an attorney or independent certified public accountant designated by such Member. Such Member shall bear all expenses incurred in any examination made on behalf of such Member. (b) All expenses in connection with the keeping of the books and records of the Company and the preparation of audited or unaudited financial statements required to implement the provisions of this Agreement or otherwise needed for the conduct of the Company's business shall be borne by the Company as an ordinary expense of its business. 8.9 Company Tax Return and Annual Statement. The Manager shall cause the Company to file a Federal income tax return and all other tax returns required to be filed by the Company for each Fiscal Year or part thereof, and shall provide to each person who at any time during the Fiscal Year was a Member with an annual statement (including a copy of Schedule K-1 to Internal Revenue Service Form 1065) indicating such Member's share of the Company s income, loss, gain, expense and other items relevant for Federal income tax purposes. Such annual statement may be audited or unaudited as required by the Manager. 8.10 Bank Accounts. The bank account or accounts of the Company shall be maintained in the bank approved by the Manager. The terms governing such accounts shall be determined by the Manager and withdrawals from such bank accounts shall only be made by such parties as may be approved by the Manager. 11 ARTICLE IX - TRANSFERABILITY OF MEMBERSHIP INTERESTS; ADMISSION OF MEMBERS 9.1 Transferability of Membership Interests. The term "transfer" when used in this Agreement with respect to a Membership Interest includes any transfer, including, but not limited to a sale, assignment, gift, pledge, exchange, transfer by death, foreclosure, sale under execution, sale under order of a court, or other disposition. A Member shall not at any time transfer its Membership Interest except in accordance with the conditions and limitations set out in Section 9.2. Any transferee of a Membership Interest by any means shall have only the rights, powers and privileges set out in Section 9.4 or otherwise provided by law and shall not become a Member of the Company except as provided in Section 9.5. 9.2 Restrictions on Transfers of Membership Interest. All or part of a Membership Interest may be transferred to a person who is not a Related Party to the Transferor only with the prior written approval of the Manager, which approval may be granted or denied in the sole discretion of the Manager. The Manager may require the proposed transferee to furnish the Company with an opinion of counsel, satisfactory in form and substance to the Manager, 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 not adversely affect the Company from being taxed as a partnership for Federal income tax purposes. 9.3 Transfer to Related Parties. The restrictions on transfer in Sections 9.1 and 9.2 shall not apply to a transfer of a Membership Interest to a Related Party. 9.4 Rights of Transferee. Unless and until admitted as a Member of the Company in accordance with Section 9.5, 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. 9.5 Admission of Transferees as Members. A transferee of a Membership Interest may be admitted as a Member of the Company upon fiunishing to the Company all of the following: (a) The written consent of a Majority in Interest of the Members; (b) The acceptance, in a form satisfactory to the Manager, of all the terms and conditions of this Agreement; and (c) Payment of such reasonable expenses as the Company may incur in connection with his admission as a Member. 9.6 Admission of New Members. New Members to the Company may only be admitted with the unanimous consent of a Majority in Interest of the Members, upon compliance with all terms specified by the Manager, Section 4.2(a) or Sections 9.1 and 9.2 as applicable, and, if the 12 Manager so requires, upon receipt by the Company of an opinion of counsel, satisfactory in form and substance to the Manager, that neither the offering nor the proposed sale of the Membership Interest will violate any Federal or applicable state securities law and that neither such offering or sale will adversely affect the Company from being taxed as a partnership for Federal income tax purposes. ARTICLE X - DISSOLUTION AND TERMINATION 10.1 Withdrawal. Except as otherwise provided in this Agreement, no Member shall at any time retire or withdraw from the Company or withdraw any amount out of his Capital Account. Any Member retiring or withdrawing in contravention of this Section 10.1 shall indemnify, defend and hold harmless the Company and all other Members (other than a Member who is, at the time of such withdrawal, in default under this Agreement) from and against any losses, expenses, judgments, fines, settlements or damages suffered or incurred by the Company or any such other Member arising out of or resulting from such retirement or withdrawal. 10.2 Dissolution (a) The Company shall be dissolved upon the first of the following to occur: (i) Upon the election to dissolve the Company by a Majority in Interest of the Members; (ii) Upon the happening of any event of withdrawal (as defined in the Act) with respect to any Member, unless there is at least one remaining Member and the business of the Company is continued by the written consent of the Manager 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 (iii) 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 X. (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 10.3. (d) Upon dissolution of the Company, the Manager may cause any part or all of the assets of the Company to be sold in such manner as the Manager shall determine in an effort to obtain the best prices for such assets; provided, however, that the Manager may distribute assets of the Company in kind to the Members to the extent practicable. 13 10.3 Articles of Dissolution. Upon the dissolution and commencement of the winding up of the Company, the Manager 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. 10.4 Dissolution 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. 10.5 Distributions in Kind. If a Majority in Interest of the Members shall so elect, the assets of the Company shall be distributed in kind, insofar as possible. If any assets of the Company are distributed in kind, such assets shall be distributed to the Members entitled thereto as tenants -in -common in the same proportions as the Members would have been entitled to cash distributions if such property had been sold for cash and the net proceeds thereof distributed to the Members. In the event that distributions in kind are made to the Members upon dissolution and liquidation of the Company, the Capital Account balances of such Members shall be adjusted to reflect the Members' allocable share of gain or loss which would have resulted if the distributed property had been sold at its fair market value. ARTICLE XI - MISCELLANEOUS PROVISIONS 11.1 Competing Business. Except as otherwise expressly provided in this Agreement or the Act, neither the Manager 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 businesses or properties similar to or in the same geographical area as those held by the Company. Except as otherwise provided in this Agreement or the Act, any investment in or conduct of 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. 11.2 Member Representations and Agreement. Notwithstanding anything contained in this Agreement to the contrary, each Member hereby represents and warrants to the Company, the Manager and to each other that: (a) the Membership Interest of such Member is acquired for investment purposes only, for the Member's own account, and not with a view to or in connection 14 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; (b) such Member, alone or together with the Member's representatives, possesses such expertise, knowledge and sophistication in financial and business matters generally, and in the type of transactions in which the Company proposes to engage in particular, that the Member is capable of evaluating the merits and economic risks of acquiring and holding the Membership Interest and the Member is able to bear all such economic risks now and in the future; (c) such Member has had access to all of the information with respect to the Membership Interest acquired by the Member under this Agreement that the Member deems necessary to make a complete evaluation thereof and has had the opportunity to question the other Members and the Manager (if any) concerning such Membership Interest; (d) such Member's decision to acquire the Membership Interest for investment has been based solely upon the evaluation made by the Member; (e) such Member is aware that the Member must bear the economic risk of an investment in the Company for an indefinite period of time because Membership Interests have not been registered under the 1933 Act or under the securities laws of various states and, therefore, cannot be sold unless such Membership Interests are subsequently registered under the 1933 Act and any applicable state securities laws or an exemption from registration is available; (f) such Member is aware that only the Company can take action to register Membership Interests and the Company is under no such obligation and does not purpose to attempt to do so; (g) such Member is aware that this Agreement provide restrictions on the ability of a member to sell, transfer, assign, mortgage, hypothecate or otherwise encumber the Member's Membership Interest; (h) such Member agrees that the Member will truthfully and completely answer all questions, and make all covenants, that the Company or the Manager may, contemporaneously or hereafter, ask or demand for the purpose of establishing compliance with the 1933 Act and applicable state securities laws; and (i) if that Member is an organization, that it is duly organized, validly existing, and in good standing under the laws of its state of organization and that it has full organizational power and authority to execute and agree to this Agreement and to perform its obligations hereunder. 11.3 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 device to the attention of such person with receipt acknowledged. (c) All notices, demands and requests so given shall be deemed received: (i) when actually received, if personally delivered, deposited for next day delivery with an overnight courier or telecopied, or (ii) as indicated upon the return receipt if deposited in the United States mail. 15 (d) The Manager 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 Section 11.3(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. 11.4 No Action. No Member shall have any right to maintain any action for partition with respect to the property of the Company. 11.5 Amendments. Except as provided in Sections 3.2 and 8.5(c), this Agreement or the Articles of Organization may only be amended or modified by a writing executed and delivered by each of the Members. 11.6 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. 11.7 Entire Agreement. This Agreement, including all schedules to this Agreement, as amended from time to time in accordance with the terms of this Agreement, contains the entire agreement among the parties relative to the subject matters hereof. 11.8 Waiver. No consent or waiver, express or implied, by any Member to or for any breach or default by any other Member in the performance by such other Member of his or its obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other Member of the same or any other obligations of such other Member under this Agreement. Failure on the part of any Member to complain of any act or failure to act'of any of the other Members or to declare any of the other Members in default, regardless of how long such failure continues, shall not constitute a waiver by such Member of his or its rights hereunder. 11.9 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby, and the intent of this Agreement shall be enforced to the greatest extent permitted by law. 11.10 Binding Agreement. Subject to the restrictions on transferability set forth in this Agreement, this Agreement shall inure to the benefit of and be binding upon the undersigned Members and their respective legal representatives, successors and assigns. lt7 l 1.11 Tense and Gender. Unless the context clearly indicates otherwise, the singular shall include the plural and vice versa. Whenever the masculine, feminine or neuter gender is used inappropriately in this Agreement, this Agreement shall be read as if the appropriate gender was used. 11.12 Captions. Captions are included solely for convenience of reference and if there is any conflict between captions and the text of this Agreement, the text shall control. 11.13 Benefits of Agreement. Nothing in this Agreement expressed or implied, is intended or shall be construed to give to any creditor of the Company or any creditor of any Member or any other person or entity whatsoever, other than the Members and the Company, any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provisions herein contained, and such provisions are and shall be held to be for the sole and exclusive benefit of the Members and the Company. 11.14 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 may be detached and affixed to a single counterpart, which single counterpart with multiple executed signature pages affixed thereto constitutes the original counterpart instrument. All of these counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a single signature page. IN WITNESS WHEREOF, the undersigned, being the initial Manager and all of the Members of the Company, have caused this Agreement to be duly adopted by the Company as of the day and year first above written and do hereby assume and agree to be bound by and to perform all of the terms d provisions set forth in this Agreement. William H. Cameron, Manager Rachel Camp, Member CAMERON COMPANl�, L.L.C., Member I Rachel MacRae, Member 17 Names and Addresses of Initial Members Cameron Company, L.L.C., 1201 Rachel Camp Rachel MacRae SCHEDULEI Initial Capital Contributions $76,044.22 $14,483.58 $ 9,472.20 $100,000.00 Membership Interests 76.0442181% 14.4835808% 9.4722011% 100.0000000% 18 SCHEDULEII Manager of the Company William H. Cameron, 1201 Glen Meade Road, Wilmington, North Carolina 28401 1 hereby consent to be designated as manager of WFDC, LLC, and hereby consent to serve as such manager. William H. Cameron, Manager 19 Review Checklist Project Name: VS1 01\J Received Date: ab �p-r 6a.,1 a Project Location: Accepted Date: 9��O%' r� Rule(s) 2008 Coastal [-]1995 Coastal ❑Phase II (WiRO) Universal ❑1988 Coastal Type of Permit New)or Mod or PR Existing Permit # (Mod or PR): ]PE Cert on File? Density: (HD) or LD %: g;$ (% OK? Type: Commercial or esidential "NCG: OOffsite to SW8 nExempt Stream Class: C� SA Map I Subdivided?: S bdivisi n or Single Lot �--t 1 IORW Man Paperwork Emailed Engineer on: q III /I a, Su plement(s) (1 original per BMP) BMP Type(s): (79%NDS I C(b% 90-cm with correct/original signatures (1 original per BMP except LS/VFS and swales) ]Application with correct/original signatures 3� I W� C� 6-9 or LLC: Sig. Auth. per SoS or letter L_J$505 (within 6mo) O&otrs-�Report with SHWT 1 ❑Calculations (signed/sealed) nNo obvious errors Note to Reviewer: -\�vQCH/t5� /y('UtD41ry1G.L�� -n,VA) nsity includes common areas, etc Restrictions, if subdivided: VO-L� 6-V-' 5{43�O Signed & Notarized Plans F12 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend ODA Maps El Project Boundaries Intltration Wet Pond Offsite Soils Report OwIrs Report �PE Cert for Master Lot #: SHWT: Deed Rest for Master ❑Lot # Matches Masser O`PMPWT. BUA Per Visited: BUA Proposed (Offsite): sf Additional Information:� BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Preaosed- $ L Proposed: Proposed: a5.5 a . yT'a \'• l) a J •/ m s •fit l i 1 l a o i i STORMWATER CALCULATIONS and Stormwater Management for Wildflower Subdivision PREPARED FOR WFDC, LLC PO Box 3649 Wilmington, NC 28406 910-762-2676 H GARO1,> 'rCCn�� SEAL 20007 David S. Hollis, PE, PLS - I :p- I?-, Hanover Design Services, PA 1123 Floral Parkway Wilmington, NC 28403 C-0597 r=CEIVE SEP 2 0 2012 BY: STORMWATER MANAGEMENT NARRATIVE for Wildflower Subdivision Prepared for: WFDC,LLC PO Box 3649 Wilmington, NC 28406 September 2012 PROJECT DESCRIPTION and NARRATIVE — This project is to construct a single-family residential subdivision off of an existing roadway (Albemarle Road) in New Hanover County (Tax Parcel No. R05000-001-001-000, Zsned R-10, proposed Performance Density). The parcel itself is 25.62 acres, of which 23.40 will be the "project area" (not wetlands or unsuitable soils) and the proposed land disturbance is to be about 22 acres with the additional impervious proposed about 344,900 sf, requiring this project to obtain land disturbing, stormwater management, and water quality permits from the County and State. To comply with the County's Stormwater Ordinance, two grassed wet retention / detention ponds are proposed to control the post -development runoff rates to pre -development levels for the 2-, 10-, and 25-year rainfall events, and pass the 100-year storm safely, as well as retain the first 1.5" of runoff from all impervious surfaces for 2 to 5 days to comply with State water quality rules. A storm sewer system designed for the 25-year event is proposed to collect all runoff and direct it to the ponds. The ponds will also serve as sediment basins during construction to prevent any sediment from leaving the site or entering adjacent regulated wetlands. Storm sewer and pond routing calculations are attached. Erosion and sediment control measures are required during any construction activities. For more details and further explanation of the scope and specifics of this proposed project, please refer to the submitted "Erosion and Sediment Control and Water Quality Plans for Wildflower Subdivision", prepared by Hanover Design Services, and the associated attachments. 100 1 0-namfive.do Marmwer Design Services 1123 Floral Pkwy. Wilmington, NC 28403 w 0 a Name Cape Fear River Basin Index Number Classification Class Date IDes rc iption Special Designation South Prong Anderson Creek 18-23-32-2 C 04/01/59 [From source to Anderson Creek South Prong McLeod Creek 18-23-29-1-2 C 09/01/74 'From source to McLeod Creek South Prong Richland Creek 17-22-2 C 04/01/59 From source to Richland Creek South Prong Stinking Quarter Creek 16-19-8-2-(2) WS-V;NSW 08/11/09 From dam at Kimesville Lake to Stinking Quarter Creek South Prong Stinking Quarter Creek (Kimesville lake) 16-19-8-2-(1) WS-V,B;NSW 08/11/09 ;From source to dam at Kimesville Lake — South River 18-68-12-(0.5) C;Sw 04/01/59 From source to Big Swamp South River 18-68-12-(8.5) C;Sw,ORW:+ 06/01/94 (From Big Swamp to Black River I i15A NCAC 02B .0225 (e)(9) Southport Restricted Area 18-88-3.5 SC 01/01/85 Beginning at a point on the west bank of the Cape Fear River 1000 yards upstream of Price Creek, thence in Ian easterly direction to the eastern border of the Lower Cape Fear River Channel, thence in a direction along along the eastern border of th Spearmans Mill Creek 18-68-2-15 C;Sw 04/01/59 ;From source to Six Runs Creek ' Spring Branch 18-68-12-2-4-1-2 C;Sw 07/01/73 From source to Starlins Swamp Spring Branch 18-46-3 C 04/01/59 ,From source to —Turnbull Creek Spring Branch 18-74-63-1 C;Sw 09/01/74 rFrom source to Smith Creek L-- ____-_____ Spring Valley Lake 18-23-6 WS-111,B 08/03/92 .Entire lake and connecting stream to Thagards Lake, Little River Squash Branch 18-76-1-4 C;Sw 04/01/59 From source to Greenfield Lake, Greenfield Creek Squirrel Creek 16-11-8-(2) WS-III;NSW,CA 08/03/92 From a point 0_4 mile downstream of Guilford County SR 1001 to Lake Townsend, Reedy Fork Thursday, February 09, 2012 Based on Classifications as of 20120208 Page 82 of 98 G��.JQIe Address New Hanover NC Get Google Maps on your phone Text the word"GMAPS'to466453 a m I�Iw�cr Or fc rdYa'gnr0.% Inv _ P1 r.a'is - 4: 'lidn�r'<511 Or 14 4 n n�FPfn k+ 3 Lcre renllYson Ry l7a •:r ,d�:estlnai o e Spnngmew '1911'Jlj JrP O' Jq Qa L:'rp'I Ln ilL'UfC RI( C� Gdv ii/. 4 I l ro oi0v pngh Pkwy 1P 01 •a 5 e I 3 0 Coln. Ol z o v 2 Cardinal Cedar Rldae � Place el$1 „I dqa Dl 0 i Slokley �,d Mark +- e, C%er W "cn aw � C`' o p Z Centre C� e 11 o Imand �' 4 q Greens Aiege Marken :ommerdal l'_J Ral Sl Ne la ,=od,,�n m F� "i !. 11 .oa^ V Dann 114hts u` 1n Easnvccd rvlonks o Hnslness Park G, 4Gr Comer Cor, Smith Creek q ° ne nEror.as Home Deool station •� ti e+r 1d rt, cr, rersM Q t1. L162hy >' 1'dor. 'r d aCI asset commons ,1.`Me'° Longl_at a� ;tP 1 9an'r"R� 8 Acres `°v eF ®Qc ed Fib®2012Google Mapdata7920l2Googre-, Racine Drve C9, ,r http: //maps. google.com/maps?f=q&source=s_q&hl=en&geocode=&q=New+Hanover,+N... 9/13/2012 Wildflower wet detention / retention ponds summary: POND No. 1 Project Area = 501,522sf (531,149sf+50,911sf-80,538sf wet) = 11.51 acres Roadways (BC to BC) = 25,552sf Sidewalks (5' wide) = 4,585sf Lots (30 @ 3500sf each) = 105,000sf Future, or other = 15,320sf Total impervious = 150,457sf = 30% is �roM Project Area = 518,540sf (537,557sf - 19,017sf wetlands) = 11.90 acres Roadways (BC to BC) = 52,080sf Sidewalks (5' wide) = 6,554sf Lots (36 @ 3500sf each) = 126,000sf Future, or other = 9,818sf Total impervious = 194,452sf = 37.5% 10010-DWQ.doc Hanover Design Services 1123 Floral Pkvvy. Wilmington, NC 28403 Wildflower wet detention / retention pond POND No. 1 Additional Calculation Summary for NCDENR / DWQ : WATER QUALITY CONSIDERATIONS - Impervious area calculations: See Project Data Sheet TOTAL IMPERVIOUS = 150,457 sf TOTAL AREA DRAINING TO POND = 11.51 acres = 501,522 sf SA REQUIRED: 150457 / 501522 = 0.30 or 30% At 4.5' average depth, 90% TSS removal, from chart - SA/DA factor = 2.5 501522 x 0.01 x 2.5 = 12,600 sf SA REQUIRED At Elev. = 25.5 25,000 sf SA PROVIDED VOLUME REQUIRED: R=[(P)(Pj)(Rv)/12](A) SEE PAGES A.1 and A.2, "Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs" (P)= 1.5" (Pj) = 0.9 (Rv►= 0.05 + 0.9(150457/501522) = 0.320 (A)= 501522 R= [(1.5)(0.320)/121(501522) = 0.461 acre-feet = 20,100 cf REQUIRED STORAGE At Elev. = 26.5 = 29,125 cf PROVIDED STORAGE DRAWDOWN: Average head from storage elevation to orifice - 26.5 - 25.5 / 3 = 0.33 volume: 6" PVC w/ 2" hole drain to draw -down pond required storage Orifice equation: Q = CA(2gh)"1/2 Q = 0.6(.0218)164.4 X 0.33►" 1/2 = 0.0606 cfs T = 331,000 sec. = 3.8 days OKAY FOREBAY REQUIREMENTS - Approximate required capacity = 118,650 X 20% = 23,730 cf Provided capacity = 24,275 cf OKAY Forebay 1 is approx.. 85% of drainage area, Forebay 2 is 15% of drainage area 10010-DW4.doc Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403 Wildflower - Pond 1 STAGE -STORAGE TABLES: MAIN BODY OF POND - BUILD -OUT CONDITION Above WSEL INCR. INCR. INCR. ELEV. AREA VOL. STORAGE STORAGE (ft) (Sfl (co (co (ac-ft) 25.5 25,000 - - - 26.0 30,000 13,750 13,750 0.32 26.5 31,500 15,375 29,125 0.67 27.0 33,000 16,125 45,250 1.04 28.0 35,000 34,000 79,250 1.82 29.0 38,000 36,500 115,750 2.66 30.0 41,000 39,500 155,250 3.56 STATE STORAGE VOLUME - 29,125 0.67 stage I00l0.xls Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403 I Wildflower - Pond 1 STAGE - STORAGE TABLES: MAIN BODY OF POND - Below WSEL MAIN INCR. INCR. ELEV. AREA VOL. STORAGE (ft) (sl) (el) (el) 25.5 17,000 - - 25.0 15,500 8,125 8,125 24.0 13,750 14,625 22,750 23.0 12,500 13,125 35,875 22.0 11,000 11,750 47,625 21.0 9,500 10,250 57,875 m w 20.0 8,000 8,750 66,625 19.0 7,000 7,500 74,125 N 18.0 5,500 6,250 80,375 17.0 4,500 5,000 85,375 16.0 3,500 4,000 89,375 15.0 2,500 3,000 92,375 14.0 1,500 2,000 94,375 FORE, BAY 1 (Approx.85%) FOREBAY 2 (Approx.15%) INCR. INCR. AREA VOL. STORAGE (so (el) (el) 6,000 - - 4,500 2,625 2,625 4,000 4,250 6,875 3,500 3,750 10,625 3,000 3,250 13,875 2,500 2,750 16,625 2,000. 2,250 18,875 1,500 1,750 20,625 Note: 3:1 side slopes below normal pool shelf, 2:1 forebay slopes Pond maybe over -excavated for sediment storage. Average depth= 4.7 (volume/SA) TOTAL SURFACE AREA - 25,000 FOREBAY - TOTAL POND VOLUME - 118,650 Percent Volume= TOTAL FOREBAY VOLUME - 24,275 PERCENT OF TOTAL - 20% storage-10010.x1s 20% INCR. INCR. AREA. VOL. STORAGE (so (el) (el) 2,000 - - 1,200 800 800 900 1,050 1,850 700 800 2,650 500 600 3,250 300 400 3,650 Wildflower wet detention / retention pond POND No. 2 Additional Calculation Summary for NCDENR / DWQ : WATER QUALITY CONSIDERATIONS - Impervious area calculations: See Project Data Sheet TOTAL IMPERVIOUS = 194,452 sf TOTAL PROJECT AREA POND 2 = 11.90 acres = 518,540 sf SA REQUIRED: 194452 1518540 = 0.375 or 37.5% At 4.3' average depth, 90% TSS removal, from chart - SA/DA factor = 3.1 518540 x 0.01 x 3.1 = 16,075 sf SA REQUIRED At Elev. = 27.5 16,500 sf SA PROVIDED VOLUME REQUIRED: R=[(P)(Pj)(Rv)/12](A) SEE PAGES A.1 and A.2, "Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs" (P) = 1.5" (Pj) = 0.9 (Rv)= 0.05 + 0.9(194452/518540) = 0.3875 (A)= 518540 R= [(1.5)(0.3875/12](518540) = 0.58 acre-feet 25,120 cf REQUIRED STORAGE At Elev. = 29.0 = 29,875 cf PROVIDED STORAGE DRAWDOWN: Average head from storage elevation to orifice - 29.0 - 27.5 / 3 = 0.5 volume: 6" PVC w/ 2" hole drain to draw -down pond required storage Orifice equation: Q = CA(2gh)^1/2 Q = 0.6(.0218)(64.4 X 0.5)"1/2 = 0.0742 cfs T = 338,500 sec. = 3.9 days OKAY FOREBAY REQUIREMENTS - Approximate required capacity = 71,125 X 20% = 14,225 cf Provided capacity = 14,425 cf OKAY urzrjte>s.yffieaw'M Hanover Design Ser m 1123 Floral Pkwy. Wilmington, NC 28403 Wildflower - Pond 2 STAGE - STORAGE TABLES: MAIN BODY OF POND - BUILD -OUT CONDITION Above WSEL INCR. INCR. INCR. ELEV. AREA VOL. STORAGE STORAGE (ft) (so (co (co (ac-ft) 27.5 16,500 - - - 28.0 20,000 9,125 9,125 0.21 28.5 20,750 10,188 19,313 0.44 29.0 21,500 10,563 29,875 0.69 30.0 23,500 22,500 52,375 1.20 31.0 25,500 24,500 76,875 1.76 32.0 28,000 26,750 103,625 2.38 STATE STORAGE VOLUME - 29,875 0.69 stage10010-2.x1s Hanover Design Services 1123 F&W PkWry. W11m"ington, NC 28403 Wildflower - Pond 2 STAGE - STORAGE TABLES: MAIN BODY OF POND - Below WSEL FOREBAY 1 MAIN INCR. INCR INCR. INCR. ELEV. AREA VOL. STORAGE AREA VOL. STORAGE (ft) (sl) (cl) (cl) - (so (cl) (cf) 27.5 12,000 - - 4,500 - - 27.0 10,000 5,500 5,500 3,600 2,025 2,025 26.0 8,900 9,450 14,950 3,000 3,300 5,325 25.0 7,700 8,300 23,250 2,400 2,700 8,025 d 24.0 6,700 7,200 30,450 1,900 2,150 10,175 8 N ; 23.0 5,700 6,200 36,650 1,400 1,650 11,825 22.0 4,800 5,250 41,900 1,000 1,200 13,025 21.0 4,000 4,400 46,300 700 850 13,875 20.0 3,200 3,600 49,900 400 550 14,425 S 19.0 2,600 2,900 52,800 18.0 1,900 2,250 55,050 17.0 1,400 1,650 56,700 Note: 3:1 side slopes below normal pool shelf, 2:1 forebay slopes Pond may be over -excavated for sediment storage. Average depth= 4.3 (volume/SA) TOTAL SURFACE AREA - 16,500 FOREBAY - TOTAL POND VOLUME - 71,125 Percent Volume= TOTAL FOREBAY VOLUME - 14,425 PERCENT OF TOTAL - 20% storage-10010.xis 20% STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR WILDFLOWER This Declaration, Made the day of , 2012, by WFDC, LLC, a North Carolina Limited Liability Company, hereinafter referred to as "Declar- ant" or "Developer" for the purposes hereinafter stated; WITNESSETH: Whereas, Declarant is the owner of certain real property in New Hanover County, North Carolina, known as WILDFLOWER, which is shown on a plat (the "Plat") recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book _, Page to which reference is made for a more particular description (the "Property'). NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold and conveyed subject to the North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following easements, restrictions, covenants, and conditions. ARTICLE I. DEFINITIONS In addition to other terms defined herein, the following capitalized terms shall have the following meanings as used herein: SECTION 1. Additional Prooertv shall mean and refer to any lands, in addition to the above described Property, annexed to and made a part of the Planned Community, whether such lands are now owned or hereafter acquired by Declarant or others, and whether developed by Declarant or others. SECTION 2. Allocated Interest shall mean the Common Expense Liability and votes in the Association allocated to each Lot. SEP 2 0 2012 BY: SECTION 3. Association shall mean and refer to Wildflower Homeowners' Association, Inc., a North Carolina non-profit Limited Liability Company, its successors and assigns, the owners association organized pursuant to the Act for the purposes set forth herein. SECTION 4. Common Elements shall mean and refer to all lands and easements within or appurtenant to the Planned Community owned or enjoyed by the Association, other than a Lot, and intended for the common use and enjoyment of the Owners, including, without limitation, storm water retention ponds within the Planned Community. Common Elements shall also include any areas designated on any plats for the Planned Community as "Open Space", "Common Area", "Common Element", "Recreation Area", "Amenity Area", "conservation area(s)", or other similar designation. SECTION 5. Common Expenses means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. SECTION 6. Common Expense Liability means the liability for Common Expenses allocated to each Lot as permitted by the Act, this Declaration or otherwise. SECTION 7. Declarant shall be used interchangeably with Developer (which designations shall include singular, plural, masculine and neuter as required by the context) and shall mean and refer to WFDC, LLC, its successors and assigns, if such successors or assigns should acquire undeveloped property from the Declarant or a Lot not previously disposed of for the purpose of development and reserves or succeeds to any Special Declarant Right. SECTION 8. Declarant Control Period shall have the meaning set forth in Article III hereof. SECTION 9. Declaration shall mean this instrument as it may be from time to time amended or supplemented. SECTION 10. Executive Board or Board shall be used interchangeably with the Board of Directors and means the body, regardless of name, designated in this Declaration or otherwise to act on behalf of the Association. SECTION 11. Limited Common Elements shall mean areas and facilities within any Lot which are for the exclusive use of the Lot Owner but which the Association is obligated to maintain pursuant to the terms of this Declaration. The Limited Common Elements shall consist of none (if none, so state). SECTION 12. LgIW shall mean and refer to any portion of the Planned Community designated for separate ownership by a Lot Owner. SECTION 13. Lot Owner or Owner shall mean the Declarant or other Person who owns a fee simple title to any Lot, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 14. Master Association means a master association as defined in the Act. SECTION 15. Person means a natural person, Limited Liability Company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, or agency or other legal or commercial entity. SECTION 16. Planned Community shall mean and refer to the Property plus any Additional Property made a part of the Planned Community by the exercise of any Special Declarant Right. SECTION 17. Purchaser means any Person, other than the Declarant or a Person in the business of selling real estate for the purchaser's own account, who by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for an obligation. SECTION 18. Reasonable Attorneys' Fees means attorneys' fees reasonably incurred without regard to any limitations on attorneys' fees which otherwise may be allowed by law. SECTION 19. Special Declarant Rights means rights reserved for the benefit of the Declarant including without limitation the right (i) to complete improvements intended or planned by Developer for the Property or Additional Property; (ii) to exercise any development or other right reserved to the Declarant by this Declaration or otherwise; (iii) to maintain within the Planned Community sales offices, management offices, construction offices/trailers, signs advertising the Planned Community, and models; (iv) to use the Common Elements for the purpose of making improvements within the Planned Community; (v) to make the Planned Community part of a larger planned community or group of planned communities; (vi) to make the Planned Community subject to a Master Association; (vii) to appoint or remove any officer or Executive Board member of the Association or any Master Association during the Declarant Control Period or (viii) to permit other land to be annexed to and made part of the Planned Community in accordance with the terms of this Declaration. SECTION 20. Stormwater Permit shall mean State Stormwater Permit # issued by the North Carolina Division of Water Quality (DWQ), Department of Environment and Natural Resources (DENR). ARTICLE II. PROPERTY RIGHTS AND EASEMENTS SECTION 1. Owners' Property Rights and Easement of Eniovment. Every Owner shall have and is hereby granted a right and easement of enjoyment in and to the Common Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association may make and amend reasonable rules and regulations governing use of the Common Elements by the Owners; (b) The Association may grant a security interest in or convey the Common Elements, or dedicate or transfer all or part of the Common Elements, to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by at least eighty percent (80%) of the Members, excluding the Developer; provided, however, that the Association may without the consent of the Owners grant easements, leases, licenses and concessions through or over the Common Elements. No conveyance or encumbrance of Common Elements shall deprive any Lot of its rights of access or support. SECTION 2. Easements in Favor of Declarant and the Association. The following easements are reserved to Declarant and the Association, their agents, contractors, employees, successors and assigns: (a) easements as necessary in the lands constituting the Common Elements and the rear and front ten feet of each Lot and side five feet of each Lot for the installation and maintenance of utilities and drainage facilities (including the right to go upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Property or any Additional Property recorded or to be recorded in the office of the Register of Deeds of the county where the Planned Community is located; the right to cut drain ways, swales and ditches for surface water whenever such action may appear to the Developer or the Association to be necessary in order to maintain reasonable standards of health, safety and appearance; the right to cut any trees, bushes or shrubbery; the right to make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance; and the right to locate wells, pumping stations, and tanks within residential areas, or upon any Lot with the permission of the Owner of such Lot). No structures or plantings or other material shall be placed or permitted to remain upon such easement areas or other activities undertaken thereon which may damage or interfere with the installation or maintenance of utilities or other services, or which may retard, obstruct or reverse the flow of water or which may damage or interfere with established slope ratios or create erosion. These easement areas (whether or not shown on the recorded plats for the Planned Community) but not the improvements within such areas shall be maintained by the respective Owner except those for which a public authority or utility company is responsible. (b) easements over .all private streets, if any, access easements, and Common Elements within the Planned Community as necessary to provide access, ingress and egress, to and the installation of utilities for any Additional Property. (c) an easement of unobstructed access over, on, upon, through and across each Lot and the Limited Common Elements located thereon, if any, at all reasonable times to perform any maintenance and repair to the Limited Common Elements required by this Declaration SECTION 3. Other Easements. The following additional easements are granted by Declarant: (a) an easement to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services, to enter upon all Lots and Common Elements in the performance of their duties. (b) in case of any emergency originating in or threatening any Lot or Common Elements, regardless of whether any Lot Owner is present at the time of such emergency, the Association or any other person authorized by it, shall have the immediate right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners. (c) the Association is granted an easement over each Lot for the purposes of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in accordance with this Declaration. SECTION 4. Nature of Easements. All easements and rights described herein are perpetual easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the Declarant and the Association, their successors and assigns, and any Owner, purchaser, mortgagee and other person having an interest in the Planned Community, or any part or portion thereof, regardless of whether or not reference is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration. ARTICLE III. HOMEOWNERS' ASSOCIATION SECTION 1. Formation of Association. The Association shall be incorporated no later than the date the first Lot in the Planned Community is conveyed. The Association is a nonprofit Limited Liability Company organized pursuant to the Nonprofit Limited Liability Company Act of the State of North Carolina for the purpose of establishing an association for the Owners of Lots to operate and maintain the Common Elements and any Limited Common Elements in accordance with this Declaration, its Charter and Bylaws The Association shall be empowered to perform and/or exercise those powers set forth in the Act as it may be amended from time to time, in addition to any powers and authority otherwise granted to it. SECTION 2. Membership. Every Lot Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Lot ownership. SECTION 3. Voting Rights. The Association shall have two classes of voting Membership. Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional voting with respect to any Lot is prohibited. Class B. The Declarant shall be a Class B Member and shall be entitled to three (3) votes for each Lot owned. The Class B Membership shall cease and be converted to Class A Membership on the happening of any of the following events, whichever occurs earlier: (a) when the total vote outstanding in the Class A Membership equals the total vote outstanding in the Class B Membership; or (b) on December 31, 2020; or (c) upon the voluntary surrender of all Class B Membership by the holder thereof. The period during which there is Class B Membership is sometimes referred to herein as the "Declarant Control Period". During the Declarant Control Period, the Declarant shall have the right to designate and select the Executive Board of the Association and the right to remove any person or persons designated and selected by the Declarant to serve on the Executive Board, and to replace them for the remainder of the term of any person designated and selected by the Declarant to serve on the Executive Board who may resign, die, or be removed by the Declarant. SECTION 4. Government Permits. After completion of construction of any facilities required to be constructed by Declarant pursuant to permits, agreements and easements for the Planned Community, all duties, obligations, rights and privileges of the Declarant under any water, sewer, stormwater and utility agreements, easements and permits for the Planned Community with municipal or governmental agencies or public or private utility companies, shall be the duties, rights, obligations, privileges and the responsibility of the Association, notwithstanding that such agreements, easements or permits have not been assigned or the responsibilities thereunder specifically assumed by the Association. There are additional provisions made in this Declaration concerning stormwater facilities and the Stormwater Permit. SECTION 5. Common Elements. The Association shall at its sole cost and expense be responsible for the operation and maintenance of each Common Element within the Planned Community from the date of completion of its construction or improvement by the Developer, whether or not (i) such Common Element has actually been deeded to the Association, or (ii) any permit issued by'a governmental agency to Declarant for the construction and operation of the Common Element has been transferred from the Declarant to the Association or assumed by the Association. If the Declarant is required by any government agency to provide any operation or maintenance activities to a Common Element for which the Association is liable to perform such operation and maintenance pursuant to this section, then the Association agrees to reimburse the Declarant the cost of such operation and maintenance within 30 days after Declarant renders a bill to the Association therefor. The Association agrees to levy a Special Assessment within 30 days of receipt of such bill to cover the amount thereof if it does not have other sufficient funds available. Declarant shall be entitled to specific performance to require the Association to levy and collect such Special Assessment. SECTION 6. Insurance. The Executive Board on behalf of the Association, as a Common Expense, may at all times keep the Common Elements and other assets of the Association, if any, insured against loss or damage by fire or other hazards and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect such property, which insurance shall be payable in case of loss to the Association for all Members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by Members or their mortgagees. At a minimum, the Executive Board shall maintain the insurance coverages required by the Act. SECTION 7. Architectural Control Committee. The Executive Board shall perform all duties of the Architectural Control Committee if no such committee is appointed by it, subject, however, to the Special Declarant Rights. Any Architectural Control Committee appointed by the Executive Board shall consist of at least 3 members. ARTICLE IV. COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments. Each Lot Owner covenants and agrees to pay to the Association the following assessments (collectively the "Assessments"): A. Annual Assessments; B. Special Assessments; C. Insurance Assessments; D. Ad Valorem Tax Assessments; and E. Working Capital Assessments. The Assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made. Each such Assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them. SECTION 2. Puroose of Annual Assessments. The Annual Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and residents of the Planned Community and for the maintenance, repair, improvement and replacement of the Common Elements and any Limited Common Elements. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Operations, maintenance and improvement of the Common Elements, and any Limited Common Elements, including payment of utilities; enforcing this Declaration; paying taxes, insurance premiums, legal and accounting fees and governmental charges; establishing working capital; paying dues and assessments to any organization or Master Association or other association of which the Association is a member; and in addition, doing any other things necessary or desirable as determined by the Executive Board to keep the Common Elements and Limited Common Elements in good operating order and repair. SECTION 3. Annual Assessments. The Executive Board shall adopt a proposed annual budget at least 90 days before the beginning of each fiscal year of the Association. Within 30 days after adoption of the proposed budget for the Planned Community, the Executive Board shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to consider its ratification, including a statement that the budget may be ratified without a quorum. The budget is ratified unless at the meeting a majority of all of the Lot Owners in the Association rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify a subsequent budget proposed by the Executive Board. The Annual Assessment for each Lot shall be established based on the annual budget thus adopted; provided, however, that the first Annual Assessment shall be set by the Declarant prior to the conveyance of the first Lot to an Owner. The date in each Fiscal Year upon which the Annual Assessment shall become due and payable shall be established by the Executive Board. The Executive Board shall have the authority to require the Assessments to be paid in periodic installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. SECTION 4. Special Assessments. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to the year only for the following purposes: A. To defray, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements and any Limited Common Elements, including fixtures and personal property related thereto, provided that any such Special Assessment shall have the assent of two-thirds (2/3) of the Members of each class who are voting in person or by proxy at a meeting duly called for this purpose. Written notice of any meeting of Owners called for the purpose of approving such Special Assessment shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. 7 B. Without a vote of the Members, to provide funds to reimburse the Declarant as provided for in Article III, Section 5, hereof. , SECTION 5. Insurance Assessments. All premiums on insurance policies purchased by the Executive Board or its designee and any deductibles payable by the Association upon loss shall be a Common Expense, and the Association may at any time levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay the cost of all such deductibles and insurance premiums not included as a component of the Annual Assessment. SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the Common Elements, if any, shall be a common expense, and the Association may at any time of year levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual Assessments, which shall be in an amount sufficient to pay ad valorem taxes not included as a component of the Annual Assessment. SECTION 7. Working Capital Assessments. At the time title to a Lot is conveyed to an Owner by Declarant, the Owner shall pay the sum of $200.00 to the Association as working capital to be used for operating and capital expenses of the Association. Such amounts paid for working capital are not to be considered as advance payment of the Annual or any other Assessments. SECTION 8. Rate of Assessment. The Association may differentiate in the amount of Assessments charged when a reasonable basis for distinction exists, such as between vacant Lots of record and Lots of record with completed dwellings for which certificates of occupancy have been issued by the appropriate governmental authority, or when any other substantial difference as a ground of distinction exists between Lots. However, Assessments must be fixed at a uniform rate for all Lots similarly situated. SECTION 9. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant. SECTION 10. Effect Of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted. The Association may also establish and collect late fees for delinquent installments. SECTION 11. Lien for Assessments. The Association may file a lien against a Lot when any Assessment levied against said Lot remains unpaid for a period of 30 days or longer. (a) The lien shall constitute a lien against the Lot when and after the claim of lien is filed of record in the office of the Clerk of Superior Court of the county in which the Lot is located. The Association may foreclose the claim of lien in like manner as a mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General Statutes. Fees, charges, late charges, fines, interest, and other charges imposed pursuant to Sections 47F-3-102,47F-3-107,47F-3-107.1 and 47F-3-115 of the Act are enforceable as Assessments. (b) The lien under this section shall be prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in the office of the Clerk of Superior Court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. (c) The lien for unpaid assessments is extinguished unless proceedings to enforce the tax lien are instituted within three years after the docketing of the claim of lien in the office of the Clerk of Superior Court. (d) Any judgment, decree, or order in any action brought under this section shall include costs and reasonable attorneys' fees for the prevailing party. (e) Where the holder of a first mortgage or deed of trust of record, or other purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable for the Assessments against the Lot which became due prior to the acquisition of title to the Lot by such purchaser. The unpaid Assessments shall be deemed to be Common Expenses collectible from all of the Lot Owners including such purchaser, its heirs, successors and assigns. (f) A claim of lien shall set forth the name and address of the Association, the name of the record Owner of the Lot at the time the claim of lien is filed, a description of the Lot, and the amount of the lien claimed. ARTICLE V RIGHTS OF DEVELOPER The Declarant shall have, and there is hereby reserved to the Declarant, the Special Declarant Rights as herein defined and the following rights, powers and privileges which shall be in addition to the Special Declarant Rights and any other rights, powers and privileges reserved to the Declarant herein: SECTION 1. The Architectural Control Committee/Executive Board. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own any Lot within the Property or any Additional Property. The Declarant shall be entitled during the Declarant Control Period to appoint and remove the officers and members of the Executive Board. 10 SECTION 2. Plan of Planned Community. The right to change, alter or re- designate the allocated planned, platted, or recorded use or designation of any of the lands constituting the Planned Community including, but not limited to, the right to change, alter or re -designate road, utility and drainage facilities and easements and to change, alter or re -designate such other present and proposed amenities, Common Elements, or facilities as may in the sole judgment and discretion of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any subdivision of the Property or Additional Property in order to create one or more modified Lots; to further subdivide tracts or Lots shown on any such subdivision plat into two or more Lots; to recombine one or more tracts or Lots or a tract and Lots to create a larger tract or Lot (any Lot resulting from such recombination shall be treated as one Lot for purposes of Assessments); to eliminate from this Declaration or any plats of the Planned Community Lots that are not otherwise buildable or are needed or desired by Declarant for access or are needed or desired by Declarant for use as public or private roads or access areas, whether serving the Planned Community or other property owned by the Declarant or others, or which are needed for the installation of utilities, Common Elements or amenities, and to take such steps as are reasonably necessary to make such re -platted Lots or tracts suitable and fit as a building site, access area, roadway or Common Elements. The Declarant need not develop, or develop in any particular manner, any lands now owned or hereafter acquired by the Declarant, including any lands shown on plats of the Planned Community as "Future Development'. Any such lands shall not be subject to this Declaration unless Declarant expressly subjects them hereto by filing of a supplemental declaration in the Register of Deeds office of the county where the Planned Community is located. Declarant is required by DWQ to state herein the maximum allowed built -upon area for all lots which Declarant has planned to develop within the Planned Community. By listing the maximum built -upon area herein for all such lots, Declarant does not obligate itself to develop in any particular manner or for any particular uses any lands now owned or hereinafter acquired by Declarant which are not shown on the recorded plats referenced herein. SECTION 3. Amendment of Declaration by the Declarant. This Declaration may be amended without Member approval by the Declarant, or the Board of the Association, as the case may be, as follows: A. In any respect, prior to the sale of the first Lot. B. To the extent this Declaration applies to Additional Property. C. To correct any obvious error or inconsistency in drafting, typing or reproduction. D. To qualify the Association or the Property and Additional Property, or any portion thereof, for tax-exempt status. E. To incorporate or reflect any platting change as permitted by this Article or otherwise permitted herein. F. To conform this Declaration to the requirements of any law or governmental 11 agency having legal jurisdiction over the Property or any Additional Property or to qualify the Property or any Additional Property or any Lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any Limited Liability Company or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls, construction standards, aesthetics, and matters affecting the public health, safety and general welfare. A letter from an official of any such Limited Liability Company or agency, including, without limitation, the Department of Veterans Affairs, U. S. Department of Housing and Urban Development, the Federal Home Loan Mortgage Limited Liability Company, Government National Mortgage Limited Liability Company, or the Federal National Mortgage Association, requesting or suggesting an amendment necessary to comply with the requirements of such Limited Liability Company or agency shall be sufficient evidence of the approval of such Limited Liability Company or agency, provided that the changes made substantially conform to such request or suggestion. The Declarant may at any time amend this Declaration to change the maximum allowable built -upon area as permitted by DENR. Notwithstanding anything else herein to the contrary, only the Declarant, during the Declarant Control Period, shall be entitled to amend this Declaration pursuant to this Section. SECTION 4. Annexation of Additional Property. Declarant may annex to and make a part of the Planned Community any other real property, whether now owned or hereafter acquired by Declarant or others, and whether developed by the Declarant or others (the "Additional Property"). Annexation of Additional Property to the Planned Community shall require the assent of 67 percent of the Class A Members who are voting in person or by proxy at a meeting called for this purpose; provided, however, Additional Property may be annexed to the Planned Community without the assent of the Members so long as the Additional Property is used for residential purposes, roads, utilities, drainage facilities, amenities, and other facilities not inconsistent with residential developments. Subdivisions from Additional Property need not have the same name as prior portions of the Planned Community. ARTICLE VI. USE RESTRICTIONS. ARCHITECTURAL CONTROL AND MAINTENANCE SECTION 1. Approval of Plans for Building and Site Improvements. No dwelling, wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee. If the Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, 12 approval will not be required and full compliance with this Article will be deemed to have occurred . Refusal or approval of any such plans, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Architectural Control Committee shall be deemed sufficient. One copy of all plans and related data shall be furnished to the Architectural Control Committee for its records. The Architectural Control Committee shall not be responsible for any structural or other defects in plans and specifications submitted to it or in any structure erected according to such plans and specifications. SECTION 2. Minimum Standards for Site Improvements. A. Each dwelling shall have a minimum of 1,800 square feet of enclosed, heated dwelling area; provided, however, the Architectural Control Committee may permit a dwelling to have a minimum of 1,700 square feet if the Committee in its sole discretion finds that the variance will not adversely impact property values within the Planned Community. The term "enclosed, heated dwelling area" shall mean the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open/screened porches, and like areas. B. Since the establishment of inflexible building setback lines for location of houses on Lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved absolutely by the Architectural Control Committee; provided, however, that no structure shall be constructed closer to a Lot line than is permitted by applicable governmental regulations. C. The exterior of all dwellings and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency, natural calamities, or the complexity of design and construction. D. All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. Mail and newspaper boxes shall not be allowed on any Lot (the Declarant is providing centralized mailboxes). Design of mail and newspaper boxes shall be furnished by the Architectural Control Committee. Fences shall be permitted on any Lot; provided, however, that the design, placement, and materials of any fence are approved by the Architectural Control Committee. Clotheslines are not permitted on any Lot. E. Off street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or 13 turf stone, or any other material approved by the Architectural Control Committee. F. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot for the purpose of illumination shall be clear, white or non -frost lights or bulbs. SECTION 3. Use Restrictions. A. Land Use And Building Type. No Lot shall be used for any purpose except for residential purposes, subject, however, to the rights of the Declarant contained herein. All numbered Lots are restricted for construction of one single family dwelling (plus, a detached garage, if there is not one attached to the residence, and such other accessory buildings as may be approved by the Architectural Control Committee). B. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole or the specific area. C. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Architectural Control Committee. D. Vehicles/Boats. No boat, motor boat, personal water craft, camper, trailer, motor or mobile homes, tractor/trailer, construction equipment or similar type vehicle/equipment, shall be permitted to remain on any Lot or on any street at any time, without the written consent of the Association. No inoperable vehicle or vehicle without current registration and insurance will be permitted on any Lot, street or Common Element. All lawn maintenance equipment shall be stored, when not in use, in a method so as not to be visible from the street. The Association shall have the right to have all such vehicles boats or equipment towed away at the owner's expense. No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas and not visible from the street. E. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that domesticated dogs, domesticated cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all times kept properly leashed or under the control of their owner and do not become a nuisance. F. Statuary. TV Satellite Dishes and Outside Antennas. No yard statuary or TV satellite signal receiving dishes are permitted on any Lot and no outside radio or television 14 antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted by the Architectural Control Committee; provided, however, satellite dishes not over 1 S" in diameter which cannot be seen from the street are permitted. G. Construction in Common Elements. No Person shall undertake, cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Association. H. Signs. No signs (including "for sale" or "for rent" signs) shall be permitted on any Lot or in the Common Elements without permission of the Executive Board; provided, however, the Declarant may, so long as Declarant owns any Lot, maintain for sale signs on Declarant's Lots and maintain signs on the Common Elements advertising the Plannned Community. I. Subdividing. Subject to any rights reserved to the Declarant herein, no Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Declarant during the Declarant Control Period and thereafter by the Executive Board. SECTION 4. Maintenance. Each Lot Owner shall keep his Lot free from weeds, underbrush or refuse piles, or unsightly growth or objects. All structures shall be kept neat and in good condition and repair. All shrubs, trees, grass and plantings shall be kept neatly trimmed and properly cultivated. In the event that any maintenance activities are necessitated to any Common or Limited Common Element by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may be added to and become a part of the Annual Assessment levied against said Owner's Lot. ARTICLE VII STORMWATER PERMIT/FACILITES SECTION 1. Stormwater Permit. The Association and each of its Members agree that at anytime after (i) all work required under the Stormwater Permit has been completed (other than operation and maintenance activities), and (ii) the Developer is not prohibited under DENR regulations from transferring the Stormwater Permit for the Planned Community to the Association, the Association's officers without any vote or approval of Lot Owners, and within 10 days after being requested to do so, will sign all documents required by DENR for the Stormwater Permit to be transferred to the Association and will accept a deed conveying such facilities to the Association (if not already deeded); provided, however, that at the time the Developer requests that the Association accept transfer of the Stormwater Permit, the Developer has delivered to the Association a certificate from an engineer licensed in the State of North Carolina, dated no more than 45 days before the date of the request, that all stormwater retention ponds, swales and related facilities are constructed in accordance with the plans and specifications therefore. If the Association fails to sign 15 the documents required by this paragraph or to accept a deed conveying such facilities, the Developer shall be entitled to specific performance in the courts of North Carolina requiring that the appropriate Association officers sign all documents necessary for the Stormwater Permit to be transferred to the Association and accept a deed conveying such facilities to the Association. Failure of the officers to sign as provided herein shall not relieve the Association of its obligations to operate and maintain the stormwater facilities covered by the Stormwater Permit. SECTION 2. Stormwater Facilities Operation and Maintenance. Any stormwater retention ponds and related facilities for the Planned Community which have or are to be constructed by or on behalf of Declarant constitute Common Elements and, subject only to the provisions of Section 3 of this Article VII, the Association, at its sole cost and expense, is responsible for the operation and maintenance of such facilities. Such operation and maintenance shall include, but not be limited to, compliance with all of the terms and obtaining any renewals of the Stormwater Permit. Except as provided in Section 3 of this Article VII, the Association shall indemnify and hold harmless the Developer form any obligations and costs under the Stormwater Permit for operation and maintenance of the stormwater retention ponds and related facilities. SECTION 3. Damage to Storm Water Facilities. The Declarant shall at its sole cost and expense be responsible for repairing any damage to storm water facilities caused by the Developer's development activities. The Developer shall not be responsible for damages to stormwater retention ponds and related facilities caused by any other cause whatsoever, including but not limited to construction of residences or other activities by Owners, their agents and contractors, upon their Lots, acts of God, and the negligence of others. Lot Owners shall be responsible for damages to such stormwater facilities caused by construction of buildings or other activities upon the Owner's Lot. Each Owner, shall within 30 days after receipt of notice of damage to stormwater facilities, repair the damage at the Owner's sole cost and expense to return them to the state required by,the storm water plans and specifications for the Planned Community. If the Lot Owner fails to do so within said 30-day period, the Association shall perform the work and the cost of the work shall be added to the Annual Assessment due from the Lot Owner. SECTION 4. Enforcement Of Storm Water Runoff Regulations. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved plan may not take place 16 without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area per lot is 3500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. ARTICLE VIII LOTS SUBJECT TO DECLARATION/ENFORCEMENT SECTION 1. Lots Subiect to Declaration. The covenants and restrictions contained in this Declaration are for the purpose of protecting the value and desirability of the Planned Community and the Lots. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot, their heirs, successors and assigns, as though such provisions were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless terminated by the Lot Owners. SECTION 2. Enforcement and Remedies. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in equity) by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns. The Executive Board shall be entitled to enforce its Articles of InLimited Liability Company, Bylaws and Rules and Regulations. In addition to the remedies otherwise provided for herein concerning the collection of Assessments, the following remedies shall be available: A. Association to Remedy Violation. In the event an Owner (or other occupant of a Lot) is in violation of or fails to perform any maintenance or other activities required by this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the Executive Board, after 30-days notice, may enter upon the Lot and remedy the violation or perform 17 the required maintenance or other activities, all at the expense of the Owner. The full amount of the cost of remedying the violation or performing such maintenance or other activities shall be chargeable to the Lot, including collection costs and reasonable attorneys' fees. Such amounts shall be due and payable within 30 days after Owner is billed. If not paid within said 30 day period, the amount thereof may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. In the event that any maintenance activities are necessitated to any Common or Limited Common Elements by the willful act or active or passive negligence of any Owner, his family, guests, invitees or tenants, and the cost of such maintenance, repair or other activity is not fully covered by insurance, then, at the sole discretion of the Executive Board, the cost of the same shall be the personal obligation of the Owner and if not paid to the Association upon demand, may immediately be added to and become a part of the Annual Assessment levied against said Owner's Lot. B. Fines. The Association may in accordance with the procedures set forth in the Act establish a schedule of and collect fines for the violation of this Declaration or of the Association's Articles of Incorporation, Bylaws or Rules and Regulations. If an Owner does not pay the fine when due, the fine shall immediately become a part of and be added to the Annual Assessment against the Owner's Lot and may be enforced by the Association as all other Assessments provided for herein. C. Suspension of Services and Privileges. The Association may, in accordance with the procedures set forth in the Act suspend all services and privileges provided by the Association to an Owner (other than rights of access to Lots) for any period during which any Assessments against the Owner's lot remain unpaid for at least 30 days or for any period that the Owner or the Owners Lot is otherwise in violation of this Declaration or the Association's Charter, Bylaws, or Rules and Regulations. SECTION 3. Miscellaneous. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The remedies provided herein are cumulative and are in addition to any other remedies provided by law. ARTICLE IX: GENERAL PROVISIONS SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a first lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Planned Community or the property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in the payment of Assessments or charges owed by any Owner of any property which is security for the loan, (f) receive written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association, (g) receive written notice of any proposed action that requires the content of a specified 18 percentage of mortgage holders, and (h) be furnished with a copy of any master insurance policy. SECTION 3. Utility Service. Declarant reserves the right to subject the Property to contracts for the installation of utilities, cable TV and street lighting, which may require an initial payment and/or a continuing monthly payment by the Owner of each Lot. Each Lot Owner will be required to pay for any water connections, sewer connections, impact fees or any other charges imposed by any entity furnishing water, sewer or other utility service to the Lots. In the alternative, the Developer may collect such connection, impact and other fees, and charges directly from the Lot Owners. All Lot Owners shall be required, for household purposes, to use water and sewer supplied by the companies/governmental units servicing the Planned Community. Separate water systems for outside irrigation and other outdoor uses shall not be permitted without the consent of the Architectural Control Committee. SECTION 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. SECTION 5. Amendment of Declaration. Except in cases of amendments that may be executed by the Declarant under this Declaration or by certain Lot Owners under Section 47F-2-118(b) of the Act, this Declaration may be amended by affirmative vote or written agreement signed by Owners of Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated, or by the Declarant if necessary for the exercise of any Special Declarant Right or development or other right reserved to the Declarant herein. SECTION 6. FHAA/A Approval. So long as there is Class B membership, annexation of Additional Properties, dedication of Common Elements and amendments to this Declaration must be approved by the Federal Housing Administration and/or the Department of Veterans Affairs, as the case may be, if either of those agencies has approved the making, insuring or guaranteeing of mortgage loans within the Planned Community. SECTION 7. North Carolina Planned Community Act. It is the intent of the Declarant to comply with the requirements imposed on the Planned Community by the Act and to the extent any of the terms of this Declaration violate the Act, the terms of the Act shall control. IN TESTIMONY WHEREOF, Declarant has caused this Declaration to be signed in its corporate name by its president pursuant to authority of Declarant's Board of Directors as of the day and year first above written. WFDC, LLC MR 19 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public, certify that personally came before me this day and acknowledged that he/she is the Vice President of WFDC, LLC, a Limited Liability Company, and that he, as Vice President, being authorized to do so, executed the foregoing on behalf of said Limited Liability Company. Witness my hand and seal, this the day of , 2012. My commission expires (SEAL) 20 REALTORW CommercialA//iance REALToRe North Carolina Association of REALTORSe AGREEMENrr FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT, including any and all addenda attached hereto ("Agreement"). is by and between W F17G L LG a(n),N.G l:.s.,r _ t..t ls_l.%o .i„--ra..wv _ _ ("Boyce), and a(n) A/-e. f. ,r�r' I,:L:I.i fi un. ("Shcet"). (individual or Stateoffondafion tvdeofentitvl FOR AND IN CONSMERATION OF THE MUTUAL PROMISES.SEf FORTH H8REIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACINOW[EDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) nr�n.Yt_�_ (Address) O 1 oL tJi l4e A/a r bn,-r NV<.-7 f-knwn_ �, Covep AILA �.c�rnLnk Plat Reference Lots) , Block or Section , as shown on Plat Book or Slide County concistingo of _actei "11-f this box is checked, "Propertyr' shall mean that property described on EThbit A attached hereto and incorporated herewith by reference, (For information purposes: n the tax panel number of the Property is: ; and, (u) some or all of the Property, consisting ofapproximately acres, is described in Deed Book Page No. County.) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, . itemized on Exhibit A. a _ _ (b)-Purchase shall mean the sum of Dollars, payable on thefollowing terms: (i) "Earnest Money; " shall mean e�v'4 Dollars or terms as follows: Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be promptly deposited in escrow with AIA (name of persontentity with whom deposited), to be applibd as pact payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Section 10 herein. Page tof8 ECE0VE This form jointly approved by. SEP 2-0 2012 ARDFORM580-T North Carolina Bar Association Revised In011 iouatoR" North Carolina /�/ on of REALTORS&, Inc. 712011 Buyer Initials , II /� �"Seller Initials BY: Mvm rlvi®mtiec l]OrWar/udc Rod Y(dmierpgNC26lOr lYmcflO.]Q26T6 E¢914Y�26V! ie - IrA ReL - FiaduoeC MN.aVEum®6yypWp�c 7EOt0E�en rBe RuaJ. ria90r. tiC4+"� rwr.:.a....:.mm ❑ ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check --only ONE box) ❑ ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART. PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN % (Buyer's Taxpayer Identification Number is: ) ❑ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES "INCURRED BY 11fAU�TAIt�ING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. $ (u) Proecedc of a new loan in the amount of Dollars for a term of years, with an amortization period not to exceed years, at an interest rate not to exceed % per annum with mortgage loan discount points not to exceed % of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall pay all costs associated with any such loan. • :.l Td:ve.-o „r . ,,,,,,,,,tn, ry note secured by a deod of tmst, said promissory note in the amount of n / Dollars being payable over a tam of ->e years, with an amornaa.on period of years, payable in .. monthly installments of principal, together with accrued interest on the outstanding Principalbalanceat the rate of percent (_ %) per annum in the amount of $ , with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment (NOTE: In the event of Buyers subsequent default upon a promissory note and deed of trust given hereunder, Sellers remedies may be limited to foreclosure of the Property. H the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. H such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) $ (iv) Assmmption of that unpaid obligation of Seller secured by a deed of tout on the Property, such .. obligation having an outstanding principal balance of $ and evidenced by a note bearing interest at the rate of percent ( Va) per annum and a current payment amount of $ The obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lenders approval Buyer agrees to use its best efforts to secure such approval and to advise Seller immediately upon receipt of the lender's decision. Approval must be granted on or before . On or before this date, Buyer has the right to terminate this Agreement for failure to be able to assume the town descnbed above by delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such ... notice, this Agreement stall be null and void and Earnest Money shall be refunded to Buyer. If Buyer faits to deliver such notice, then Buyer will be deemed to have waived die loan condition. Unless provided otherwise in Section 3 hemol; Buyer shall pay all fees and costs associated with any such assumption, including any assumption fee charged by the tender. At or before Closing, Seller shall assign to Buyer all interest of Seller in any cement reserves or escrows held by the tender, any property management company and/or Setts, including but not limited to any tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for which Seller shall be credited said amounts at Closing. 01 t :ash. h,12u. - of Purchase Price, at Closing in the amount of Dollars Page 2of8 Buyer' Initials Seller Initials {/ STANDARD FORMS80 T Revised 112011 ® V2011 I'mdwad vPoh VPF ..9 by44niprx 18070 Me. MA. Road. Fraser. Mitlh�g. 48026 Tat (c) V" shall mean the date and time of recording of the deed_ Closing shall occur on or before lYie:,%br 137- Zot L or i✓/A (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. (e) "Examination " shall mean the period beginning on the Contract Date and extending through �eu�hx 1i7A/2 TIMELY OF THE ESSENCE AS TO THE EXAMINATIONPERLOD. (9) mean: Acting as: ❑ Seller's Agent; Q Dual Agent and _ )VIA Acting as: Q Buyer's Agent ❑ Selices (Sub) Agent; G except as same may be changed pursuant to Section 12. (h) "Rw's NMAdd shall be as follows: P-fl- 13�n 3GY�J Gar/wii�fo+ ('Listing Agency"), ("Listing Agent" - License # ) ("Selling Agency"), ("Selling AgeaC- License # ) Dual Agent except as same may be changed pursuant to Section 12. (i) If this block is marked, additional tams of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) Section 2. Sale of Property and Payment of Purchase Price: Sella agrees to sell and Buyer agrees to buy the Properly for the Purchase Price. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue .stamps), any deferred or rollback taxes, and other conveyance fees or taxes required bylaw, and the following: , , �^Q _ Page 3of8 Buyer Initials V Sellerinitials Reduced with =PFMV& by zV-OgM 18070 Ft teen Mile Road. Fraser. Middgm d8M WMMM u� Ok a STANDARD FORM S80-T Revised 1/2011 ® 71"11 Tat Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement and the following: A - Each party shall pay its own attorney's fees. Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyers and Seller's agents and.attomeys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurers agent's) file to Buyer and both Buyer's and Sellers agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Sellers request, provide to Seller copies of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earnest Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. Section S. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) I.e = (if applicable) and (c) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fired sum of money, such as deeds of trust, mortgages orstatutoryliens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions: (a) New Loan: The Buyer must be able to obtain the loan, if any, referenced in Section l ftii). Buyer must be able to obtain a firm commitment for this loan on or before /V /'4 , effective through the date of Closing. Buyer agrees to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lenders decision. On or before the above date, Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section l(b)(ii) by delivering to Seller written notice of termination by the above date, lime being of the essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will be deemed to have waived the loan condition_ Notwithstanding the foregoing, after the above date, Seller may request in writing fiom Buyer a copy of the commitment letter. If Buyer fails to provide Seller a copy of the commitment letter within five (5) days of receipt of Seller's request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment letter, and Buyer shall receive a return of Earnest Money. (b) Qualification for Financing: If Buyer is to assume any indebtedness in connection with payment of the Purchase Price, Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing immediately upon lenders decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money. (c) Title Examination: After the Contract Date, Buyer shall, at Buyers expense, cause a title examination to be made of the Property before the end of the Examination Period In the event that such title examination shall show that Sellces title is not fee simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. (d) Same Condition- If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Eames( Money or (it) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Sellers insurance proceeds payable on account of the damage or destruction applicable to the Property. ' �, ^' Page 4 of 8 Buyer Initials Vt/W Seller Initials �[I/'y STANDARD FORM580-T Revised 1/2011 ® 712011 Pmduoed wnh VVFOM* byrlpLogix 18070 Fuser t,Lle Road. Fraser. x eV= 48M m arum Tat (c) inspections: Buyer, its agents or representatives, at Buyers expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing, conducting limber cruises, and surveying the Property. Buyer shall conduct all such on -site inspections, examinations, soil boring and other testing, timber cruises and surveying of the Property in a good and workmanlike manner, shall repair any damage to the Property caused by Buyers entry and on -site inspections and shall conduct same in a manner that does not unreasonably interfere with Sellers or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on -site inspections outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this Section 6(e) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyers expense, promptly repair any damage to the Property caused by Buyer's entry and on -site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): cif this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. O If this box is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded or not - "Leases") and the following provisions are hereby made a part of this Agreement. (a) All Leases shall be itemized on Exhibit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Sellers interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease), and Seller agrees to use its best efforts to effect such assignmenL Any assignment required under this Section 7 shall be requited to be delivered at or before Closing by Seller in addition to those deliveries required under Section 1 I of this Agreement. (e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to obtain any tenant 'signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attomment agreements in such form as Buyer may reasonably request Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302A) and amendments thereto, or such substances, materials and wastes, which arc or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the �/l� Ptag� 5 of Buyer Initials " v ' �/ Seller Initials \ / I / t�� STANDARD FORM 580-T Revised I/1011 ® 7/2011 ProdLMd with by Mtogk IW70 Rfteen We Road. Fraser. Midrgan 48M nmer rU agtK a Ten Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601): Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be home by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: In the event that any of the conditions hereto are not satisfied, or in the event of a breach of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, than the Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, or alternatively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A-12. Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a general warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms and a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall pay to Seller the Purchase Price. At Closing, the Earnest Money shall be applied as part of the Purchase Price, The Closing shall be conducted by Buyees attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein.. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given and received on the date delivered in person or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith_ Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all patties hereto. Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective communication for the purposes of this Section 14. This Agreement shalt be binding upon and inure to the benefit of the parties, their, .heirs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws: (a) Sell et Knowledge: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (tv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert 'None or the identification of any matters relating to (1) through (iv) above, if any): Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment is defined as an assessment -that is under formal consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller herein, if any. Seller represents that the regular owners' association dues, if any, are S '1V'1/e per Page 6 of 8 Buyer Initials Seller Initials STANDARD FORM S80-T Revised M011 ® 72011 Produced with mpF—r& M'zipl-o& 18070 Fdteen Lee Road, Frier. Mi mgm 480M w 210mir� Tcst (b) Compliance, awe: To Sellers actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any fads which might result in any such action, suit or other proceeding. Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this AgreemeaL .Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This form has only been approved for use in North Carolina. Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging party, as shall be required to give effect to this provision. Section 20. Memorandum of Contract- Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be accessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying patty for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that (i) except as to the Brokers designated under Section I(f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (u) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. ❑ EIFS/SYNTHETIC STUCCO: if the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF REALTORSO, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Page 7 of 8 Buyer Initials �IL Seller Laitialt ,1/A1[ = Produced wan zpFo meta byz p-oglx 18070 Fift rn Mile Road, Fraser. Kd4gm t=6 rm .o=� STANDARD FORM S80-T Revised 1/2011 ®7/2011 Test BUYER: Individual - Date: Date: Business Entity biFnC-, ttc of Entity) By- ., Name: Title: / t Ljv Date: i— l K- l Z SELLER: Individual Date: Date- Business Entity C 2&K paq, ati GL/ By. Name: / i - Title• Mwe rr Date: �E /A{ / 7i The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in .accordance with the terms hereoL y / (Name of Firm) Date: By: Page 8 of 8 Pmduoed wah zVfonnS byzyingm 18070 FMeen Mae Road. Fraser. Middgan 480M lromers of STANDARD FORM SWT Revised 12011 . 0 7/2011 Tat EXHIBIT A Tract 1 and Tract 3 as shown on the plat of survey entitled "Minor Division and Recommendation Plat Cameron Company, LLC Carolina Coast Holdings, LLC' prepared by Hanover Design Services, P.A. dated September 18, 2007 and recorded in Map Book 52 Page 118 of the New Hanover County Registry. EXHIBIT B All principal and accrued interest at 6% compounded per annum shall be paid on or before 24 months from the date of closing. A lot release fee of $ 16,000 will be paid by Buyer at each lot sale and seller will release from the Deed of Trust each sold lot upon receipt of the lot release fee. RETURNED TO J'cJfns, O'k.t.c_ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 2DW29509 FOR REOISTMTION REGISTER OF DEEDS PERECCA P SMITH NEW HANOVER COUNTY. NC 2008 JUL 14 09:44 15 M BK:5330 PG 2843-2847 FEE 523.00 XTRlN9Ewt I P0XIM Tax Parcel No.: RD5000-001-002-000 R05000-001-001-000 THIS DEED, made and entered into this llth day of July, 2008, by and between CAMERON COMPANY, L.L.C., a North Carolina limited liability company, RACHEL C. CAMP (formerly Rachel C. Fox, acting by and through her attorney -in -fact, William H. Cameron), and husband, JOHN M. CAMP, JR. (acting by and through his attorney -in -fact, William H. Cameron), of Franklin, Virginia, and RACHEL CAMERON MacRAE (divorced, acting by and through her attorney -in -fact, William H. Cameron), of New Hanover County, North Carolina, parties of the first part; and CRR PROPERTIES, L.L.C., a North Carolina limited liability company, whose mailing address is P.O. Box 3649, Wilmington, NC 28406, party of the second part; W I T N E S S E T H: That the said parties of the first part, in consideration of TEN ($10.00) DOLLARS and other good and valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have given, granted, bargained, and sold, and by these presents do give, grant, bargain, sell and convey unto the said party of the second part, its successors and assigns, all that certain real estate lying and being in New Hanover County, North Carolina, bounded and described as follows, to -wit: All of Tract 1 and Tract 3 as shown on a map entitled "Minor Division and Recombination Plat Cameron Company, LLC Carolina Coast Holdings, LLC", recorded in Map Book 52, Page 118 of the New Hanover County Registry, reference to which map is hereby made for a more particular and detailed description. Subject to 2008 taxes, and easements and restrictions of record applicable to the above property, if any. Together with all and singular the lands, tenements, easements, and appurtenances thereunto belonging or in anywise appertaining. _ SGSr " lam. It SEP 2 0 2012 1 �� TO HAVE AND TO HOLD the aforesaid real estate and all privileges and appurtenances thereunto belonging to the said party of the second part, its successors and assigns, Forever. And the said parties of the first part do covenant that they are seized of said premises in fee and have the right to convey the same in fee simple; that the same are free from encumbrances, except as stated above; and that they will WARRANT and DEFEND the said title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Cameron Company, L.L.C., has caused this instrument to be executed under seal in its company name by two of its Managers, who have hereunto set their hands and seals, and the said Rachel C. Camp (formerly Rachel C. Fox, acting by and through her attorney -in - fact, William H. Cameron) and husband John M. Camp, Jr. (acting by and through his attorney -in -fact, William H. Cameron), and Rachel Cameron MacRae (acting by and through her attorney -in -fact, William H. Cameron), have hereunto set their hands and seals, as of day and year first above written. CAMERON COMPANY, L.C. Manager r By ILL(SEAL) Manager RACHEL C. C (SEAL) By (SEAL) ill am Cameron, her attorney -in -fact JOHN M. C P, (SEAL) By (SEAL) Williab H. Cameron, attorney -in -fact RACHEL���O�cRAE (SEAL) By�(SEAL) Willian H. Cameron, her attorney -in -fact 2 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 7�$enno S•�l vCAQa a Notary Public of the County of }! and State of North Carolina, do hereby certify that w,ll,o,., 4F. .. .. and Managers of CAMERON COMPANY, L.L-C., a North Carolina manager -managed limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS, my hand and official stamp or seal this the 1\H" day of July, 2008. Notary tublic n � gcei,ut I1111!l!!r Printed Name of Notary ` R� P'�R��i� `�_ G . - My Commission Expires: yNOTARY-II-]el\ "'� PUBLIC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 3, a Notary Public of rat, 1-1_s,.o per County, North Carolina, do hereby certify that WILLIAM H. CAMERON, attorney -in -fact for RACHEL C. CAMP personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of RACHEL C. CAMP and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of New Hanover County, North Carolina, in Book 1455, Page 330 on the 9th day of May, 1989, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said WILLIAM H. CAMERON acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said RACHEL C. CAMP. WITNESS, my hand and official stamp or seal this the 1� day of July, 2008. Notary Ablic �CY\1�0. �•�nC p..JG Printed Name of Notary Public My commission expires: 44-11-doll `��\+MA j I04Ro,_, NOTARY = 'PUBLIC �,'�l��t CO STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, n a•�nrp�1C , a Notary Public of anew iin.o" r County, North Carolina, no hereby certify that WILLIAM H. CAMERON, attorney -in -fact for JOHN M. CAMP, JR., personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of JOHN M. CAMP, JR., and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of New Hanover County, North Carolina, in Book 1455, Page 331 on the 4th day of May, 1989, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said WILLIAM H. CAMERON acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said JOHN M. CAMP, JR. WITNESS, my hand and official stamp or seal this the It day of July, 2008. J Notary Public Printed inted Name of Notary Publi$?�R I, 611 My commission expires: 44-II-701\ = NOTARY PUBLIC= STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, �� �. �ardae a Notary Public of IJew IIn . uer County, North Carolina, do hereby certify that WILLIAM H. CAMERON, attorney -in -fact for RACHEL CAMERON MacRAE (divorced) personally appeared before me this day, and being by me duly sworn, says that he executed the foregoing and annexed instrument for and in behalf of RACHEL CAMERON MacRAE, and that his authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of New Hanover County, North Carolina, in Book 1545, Page 699 on the 25th day of April, 1991, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney; that the said WILLIAM H. CAMERON acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the said RACHEL CAMERON MacRAE. WITNESS, my hand and official stamp or seal this the 1_L`day of July, 2008. otary 06blic Printed Name of Notary Publi���- , I p,a0 ZZO _ My commission expires: H-II';Z01\ - NOTARY PUBLICi` :At0 Ri Illl�•��� REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 HYYf4RMHRHfY11RY/I fYYi'iHIII(IYHIRHii4YRYfHY'1iiH'kIYRHHR1YYfi'YMtYf YYRHIHHHHRHIHYIYIHHHHHHMkIIHf11RRi1 Filed For Registration: 071M008 09:44:15 AM Book: RE 5330 Page: 2843-2847 Document No.: 2008029509 DEED 5 PGS $23.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2008029509* OCRQEWOF 2008029509 Hanover Design Services, P.A. Land Surveyors, Engineers, Land Planners September 18, 2012 Ms. Georgette Scott, Stormwater Supervisor Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: New Submittal High Density Storm Water Project Wildflower subdivision New Hanover County HDS Project No. 10010 Dear Georgette: Please find: • A check for $505.00 • One application and one copy • One Wet Pond Supplement and O&M Agreement (and copies) • Two sets of plans • One Copy of the Storm Water Calculations PROJECT DESCRIPTION — The purpose of this project is to construct a residential subdivision and two storm water ponds. The water quality detention/retention ponds have been sized to treat all impervious surface runoff for the aforementioned project. There is no off -site drainage. A High Density Storm Water permit is to be applied for and approved before any impervious construction will commence. The site is located between Albemarle Road and Sturbridge Drive in New Hanover County. The project area contains 23.4 net acres. To comply with the County's Stormwater Ordinance and also DENR requirements, a grassed wet retention / detention pond is proposed to control the post -development runoff rates to pre -development levels for the 2-, 10-, and 25-year rainfall events, and pass the 100-year storm safely, as well as retain the first 1.5" of runoff from all impervious surfaces for 2 to 5 days to comply with State water quality rules. A storm sewer system is proposed to collect all runoff and direct it to the pond. Please let me know if you have any questions. ere y David S. Hollis, PE, PLS Hanover Design Services dhollis@hdsilm.com 343-8002 Office 343-9941 Fax 10010-GS-1.doc IER1 Er�iv'' . SEP 10 1011 BY: Rn SEP 2 0 2012 1123 Floral Parkway Wilmington, N.C. 28403 Phone (910) 343-8002 Fax 9f0) 343-9941 Business Firm License No. C-0597 Aydrograph Summary Report Page 1 Hyd. No. Hydrograph type (origin) Peak flow (cfs) Time interval (min) Time to peak (min) Volume (cuft) Return period (yrs) Inflow hyd(s) Maximum elevation (ft) Maximum storage (cuft) Hydrograph description 1 Rational 5.80 1 45 15,649 2 --- -- ---- PRE-DEV 2-YR 2 Rational 7.94 1 45 21,447 10 -- PRE-DEV 10-YR 3 Rational 9.25 1 45 24,968 25 --- ---- - — - PRE-DEV 25-YR 4 Rational 21.89 1 30 39,406 2 — -- POST-DEV 2-YR 5 Rational 29.35 1 30 52,831 10 -- --- -- POST-DEV 10-YR 6 Rational 33.98 1 30 61,160 25 — POST-DEV 25-YR 7 Rational 41.16 1 30 74,088 100 — --- --- POST-DEV 100-YR 8 Reservoir 7.85 1 54 54,500 100 7 27.55 63,929 100-YR ROUTED 9 Reservoir 1.59 1 58 20,697 2 4 26.77 37,951 2-YR ROUTED 10 Reservoir 4.24 1 56 33,596 10 5 27.09 48,337 10-YR ROUTED 11 Reservoir 5.90 1 55 41,764 25 6 27.27 54,351 25-YR ROUTED 12 Rational 21.89 1 30 39,406 2 -- -- -- 1-year post ration 13 Reservoir 1.59 1 58 20,697 2 12 26.77 37,951 1-year routed 14 Rational 5.80 1 45 15,649 2 -- 1-year rational pr Hanover Design Services 1123 Floral Pkwy. Wilmington, INC 28403 Pro-1. file: 10010-Pond 1.GPW OFF file: WILMINGTON.IDF Run date: 09-10-2012 Reservoir Report Page 1 Reservoir No. 1 - Wildflower 1 Pond Data Pond storage is based on known contour areas Stage / Storage Table Stage Elevation ft ft 0.00 25.50 0.50 26.00 1.00 26.50 1.50 27.00 2.50 28.00 3.50 29.00 4.50 30.00 Contour area Incr. Storage Total storage sgft cuft cult 25,000 0 0 30,000 13,750 13,750 31,500 15,375 29,125 33,000 16,125 45,250 35,000 34,000 79,250 38,000 36,500 115,750 41,000 39,500 155,250 Culvert / Orifice Structures [A] [B] [C] [D] Rise in = 18.0 3.0 0.0 0.0 Span in = 18.0 3.0 0.0 0.0 No. Barrels = 1 1 0 0 Invert El. ft = 25.50 25.50 0.00 0.00 Length ft = 40.0 15.0 0.0 0.0 Slope % = 0.25 0.10 0.00 0.00 N-Value = .012 .011 .013 .000 Orif. Coeff. = 0.60 0.60 0.60 0.00 Multi -Stage = ----- Yes No No Stage / Storage / Discharge Table Weir Structures [A] Crest Len ft = 3.0 Crest El. ft = 26.50 Weir Coeff. = 3.30 Eqn. Exp. = 1.50 Multi -Stage = Yes English I131 [C] [D] 16.0 30.0 0.0 27.50 28.50 0.00 3.30 3.00 0.00 1.50 1.50 0.00 Yes No No Tailwater Elevation = 25.50 ft Note All outflows have been analyzed under inlet and outlet control. Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Discharge ft cuft ft cfs cfs cfs cfs cfs cfs cfs cfs cfs 0.00 0 25.50 0.00 0.00 --- --- 0.00 0.00 0.00 --- 0.00 0.50 13,750 26.00 0.89 0.11 --- --- 0.00 0.00 0.00 --- 0.11 1.00 29,125 26.50 2.27 0.18 --- - 0.00 0.00 0.00 --- 0.18 1.50 45,250 27.00 3.08 0.05 --- --- 3.50 0.00 0.00 -- 3.08 2.50 79,250 28.00 10.23 0.00 --- - 18.19 18.67 0.00 --- 10.23 3.50 115,750 29.00 14.11 0.00 --- --- 39.13 97.00 31.82 --- 45.93 4.50 155,250 30.00 16.48 0.00 --- --- 64.82 208.71 165.34 --- 181.82 Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403 Reservoir Report Page 1 English Reservoir No. 1 - Wildflower 1blocked Pond Data Pond storage is based on known contour areas Stage / Storage Table Stage Elevation Contour area Incr. Storage Total storage ft ft sgft cuft cuft 0.00 25.50 25,000 0 0 0.50 26.00 30,000 13,750 13,750 1.00 26.50 31,500 15,375 29,125 1.50 27.00 33,000 16,125 45,250 2.50 28.00 35,000 34,000 79,250 3.50 29.00 38,000 36,500 115,750 4.50 30.00 41,000 39,500 155,250 Culvert / Orifice Structures Weir Structures [A] IBl [C] [D] [A] [Bl [C] [D] Rise in = 18.0 3.0 0.0 0.0 Crest Len ft = 0.0 0.0 30.0 0.0 Span in = 18.0 3.0 0.0 0.0 Crest El. ft = 26.50 27.50 28.50 0.00 No. Barrels = 0 0 0 0 Weir Coeff. = 3.30 3.30 3.00 0.00 Invert El. ft = 25.50 25.50 0.00 0.00 Eqn. Exp. = 1.50 1.50 1.50 0.00 Length ft = 40.0 15.0 0.0 0.0 Multi -Stage = Yes Yes No No Slope % = 0.25 0.10 0.00 0.00 N-Value = .012 .011 .013 .000 Orif. Coeff. = 0.60 0.60 0.60 0.00 Multi -Stage = ---- Yes No No Tailwater Elevation = 25.50 ft Note: al outflows have been analyzed under'nlet and outlet central Stage / Storage / Discharge Table Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Discharge ft cuft ft cfs cfs cfs cfs cfs cfs cfs cfs cfs 0.00 0 25.50 0.00 0.00 --- --- --- --- 0.00 --- 0.00 0.50 13,750 26.00 0.00 0.00 --- --- --- --- 0.00 --- 0.00 1.00 29,125 26.50 0.00 0.00 --- --- --- --- 0.00 --- 0.00 1.50 45,250 27.00 0.00 0.00 --- --- --- --- 0.00 --- 0.00 2.50 79,250 28.00 0.00 0.00 --- --- --- --- 0.00 --- 0.00 3.50 115,750 29.00 0.00 0.00 --- --- --- --- 31.82 --- 31.82 4.50 155,250 30.00 0.00 0.00 - -- --- --- 165.34 --- 165.34 Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403 Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 284M Project: 10010-Pond 2.GPW IDF: WILMINGTON.IDF 14 hyd's 09-06-2012 Hanover Design Services, P.A. Land Surveyors, Engineers, Land Planners L Wildflower Subdivision Ponds — SHWT determination PONDS 1 & 2 Field visit: 9-05-12 References: Soils at this site are mapped as Leon and Lynn Haven Series fine sandy loams and sands (USDA NRCS National Cooperative Soil Survey map and Official Series Description attached), moderately poorly drained soils with rapid to moderately slow permeability and moderate slopes of 0-5%. Observations: Two soil borings were observed as follows (location map attached); one at each of the pond locations as follows: Pond No. 1 — Lynn Haven Series predominant - The seasonal high water table is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction, indicated by colors of chrome 2 or less (Munsell) at greater than 2% of soil volume in mottles or a distinct horizon subdivision. There was evidence of redoximorphic features at about 8" (0.7') in the first bore (B1) with a distinct gray to grayish -brown chroma. This observation was in line with the expected depth to seasonal high water in the soil profile of 0-6". Elevation at the boring for Bl was approximately 26.5 MSL, resulting in a SHWT elevation of 25.8 MSL (26.5 — 0.7 = 25.8). Pond No. 2 — Leon Series predominant - Additionally, a second bore (132) at the second pond location was taken. There was evidence of redoximorphic features at about 8" (0.7') in the second bore (132) with a distinct gray chroma. This observation was also in line with the expected depth to seasonal high water in the soil profile of 0-6". Elevation at the boring for B2 was approximately 28.6 MSL, resulting in a SHWT elevation of 27.9 MSL (28.6 — 0.7 = 27.9). The two observations resulted in observed SHWT elevation as indicated above and the proposed WSEL of the ponds will be designed within 6" either way (at 25.5 for Pond No. 1 and 27.5 for Pond No. 2). Summary: Observed indications of SHWT depth were in line with predicted values. David S. Hollis, PE, PLS 10010-SH WT.doc >�o�EESSlQN9,9 '•�� �aQ SEAI !� --28007 � • t 19Lj� S. •NO�'�.. 1123 Floral Parkway Wilmington, N.C. 28403 Phone (910) 343-8002 Fax 910) 343-9941 Business Firm License No. C-0597 " Wildflower Subdivision" Impervious Area Map Scale: NTS September 2012 Sidewalk 808.8 Sq. Feet 0.0 Acres Pond No.2 Roadway = 52,080 sf Sidewalks = 6,554 sf Lots = 126,000 sf Future (other) = 9,818 sf Total Impervious = 194,452 sf, 37.5% Pond No.2 POND 2 Total Sidewalk 6554 Sq. Feet 0.2 Acres sidewalk 3630.2 Sq. Feet 0.1 Acres POND 2 Roadway Back to Back 52080.2 Sq. Feet 1.2 Acres PnNr) 1 A Pond No.1 0 u Pond No.1 Roadway = 25,552 sf Sidewalks = 4,585 sf Lots = 105,000 sf Future (other) = 15,320 sf Total Impervious = 150,457 sf, 30% POND 1 Roadway Back to Back 25551.8 Sq. Feet 0.6 Acres HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS, ENGINEERS & LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE: (910) 343-8002 LICENSE C-0597 Drawing No.10010-IMP-MARdwg Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403 r-1) in �- [� o , D U:S. ARMY CORPS OF ENGINEERS; L uMg#p WILMINGTON DISTRICT, County: New Hanover USGS Quad: Wilmington Action 1D. SAWSAW-2�08-03315 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Agent/Applicant:; Southern'Eit - Group, Inc. Property Owner: WFDC, LLC 'Attn� Dana Lutheran Attn: Mr. Bill Cameron 5315 S College Rd Ste E Address: P.O. Box 3649 Wilmina C.28412, Wilmington NC 28406 TeleplroneNo.: (910), 762-2676 Size and location of property (water body, road name/number, town, etc.): _— -_ ---. _r ,, w,Rtvd_'in wetll North Carolina. Parcel ID R05000-001-001-0 Description of projects aarea_and activity: Applicable Law: ® Section 404 (Clean WaterAct, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 29 (910)452-2711 The 40.77 acre property'is located at 0 order and/or aPProoriate legal acrwn. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NW Ps are scneuuxu �� ai public reissued, prior to arecre s$sued'Furthermore, if you commence oriare undeinformed ntrac to changes vencetthispact s. dry beforeuthe date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months -from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of thtion 401 Water Quality Certification. You nationwide permit. Activities subject to Section 404 (as indicated aboye) may also require an individuaLSec[i should contact the NC Division of Water Quality (telephone (919) 733-1756) to determine Section 401 requirements. For activities occurringwithin the'twenty coastal counties subject to regulation under the Coastal.Area management verification (C does) prior to beginning work you must contact the N.C. Division of Coastal Management .This Department al the Army not relieve the permittee of the responsibility to obtain any other required Federahverificatistate or on lettecal Ppertaitis) w Il not The our review construction/presence of this utility line (to which this Nationwide Permit (NWP) of any future proposed impacts. The presence of this,utiiity line will not be an -adequate justification for future.impacts (e.g., additional utility lines muse W�Ilexamine any future proposaictional waters of l to tuPact juri diction we U.S. because the ater on sof the U.S. toline ens re that you diehavelocation of the other utility lines). avoided, minimized, and/or mitigated for unavoidable impacts. if there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Emil ughes at (910) 251-4635. c Date: August 30, 2012 Corps Regulatory Official Expiration Date of Verification: An ust 30 01 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters,of the US including wetlands within the above described project area. This preliminary -determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33'CFR Part 331)., ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10,of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not,to exceed,five years from the date of this notification, ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (C WA)(33 USC § 13"). Unless there is a change in the law or our published regulations, this determination -may be relied upon for a period not to exceed five years from the date of this notification. ❑ The jurisdictional areasmithin the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _ Action ID"_ Basis of Jurisdictional Determination: This site exhibits wetland criteria as described to the 1987 Corps Wetland Delineation **It is not necessary to submit an RFA form to'the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: hq Date 8/30/2012 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. �eJ SAW-2008-03315 SPECIAL CONDITIONS: In order to compensate, for impacts to 0.244 acres of non -riparian wetlands, the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP.at;a 2:1 ratio, sufficient to perform the restoration of 0.488_ acres of non - riparian wetlands in the Cape Fear River.Basin, Cataloging Unit 03030005. Construction within jurisdictional areas on the'pioperly shall begin only after the permittee has made full.payment to thcVC.EEP and provided a copy of the payment' documentation to the Corps and the NCEEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliancemith the NCEEP In -Lieu Fee Instrument, approved by the United States Army Corps of Engineers, Wilmington.District on July, 28, 2010. c- Corps Regulatory Official: Date: 3D 7 - The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http:l/repulatory.usacesurvev.com/ to complete the survey online. Copy Furnished: NCDENR-DWO Attn: Chad Coburn, 127 Cardinal Drive Ezt, Wilmington, NC 28403 NRWIpM. Nux WFDC, LLC -WILDFLOWER m\u"`Np PERFORMANCE RESIDENTIAL DEVELOPMENT wv ,W42.. NEW N.WV.OI CWMIT FARM UAUM/. '' �•.`ur . � � :. �C Pa BPo LN ,'•`w ��sj �lJN n R w m 1YlYRIr1, IK i1b1 wr\ R • In •� ^^�': ?^S n N i N ' � \ ` ° :LsYkf$,•Eii�!�i': : n I, w n taan°rNM 1 � •. N S . IiR 1 \ FDi. _-.. '•;. . • PCs i �G. Nam. • 1• '1 Rp®�aINQ ` Q 11� I' LUe.'Fipnclt'pn}s: m... ht.. 1 47 p.OVAI-Ac_ To}al p.2.4l At! - WE DATA W P1Afi1Ni R¢SOmmlLmmO .m�rv+ar¢wlwwelcaem v�snavu�.x mrwr otveowvrt RNow:m aNxLnFsmm ama. toss ry was y N -om • nen ueixvnwumumnm nsmrxm,Ixx• imab7wlw ¢Rmsrct�norsRrt tsomlm �x¢m•I.na¢s Piml9Fll•I.NM¢., ACIRfVMVdlm=lm 11 rip III IQEQNEUNKiRpV � HANOVER DESIGN SERVICES, PA ELIMINARY PLAN S-24-12 WEILAND DETAIL WFDC; LLC WILD FLOWER AREA TRACT NEW NANOVER COIMtt N NCRTN CMtOUM 33 \\ WETLAND IMPACT No.1 \� 1922 Sq. Feet° / \ \ 0.044. Acres / 32 \, \ TO CON ONE CON LB\ \ l29 '� 'L7 \ MOlOF a IENOMA L6 FOR'(COURT 35 / L2 \ v / 36 \ / \\30 \\> \\ WETLAND \ 29 , \\ \\ 37 V `yam a \\ / _ m LANE BEARING DISTANCE L1 N 3721 09 W 2.18 L2 N 78'37 50 W 27.40 L3 S 87.17'2B� W 29.05 L4 N 450315 W 48.06 L5 N 2WO7 20 E 36.25 L8 N B991 31 E 40.35 L7 S SF29 05 E 42.48 LB 5 SU28 IS- E 44.81 19 5-46'5109 E 20.78 11 N M 1 2626 E 59.54 L11 N W4034 E 25.86 Lit S 46.5109 E 18.62 L73 T 01'31'5B' E 56.83' L14 5 15-15 54 E 34.87 L15 S 10.05 01 W 28.38 716 5 Z7.4 555 E 50.4.9 L 77 S 29'04 40 . E 46.39 L18 S 5V28'46' W 29.29' 99 N BS'5550 W 25.04 N 52-00 54 W 31.58 L21 W 2Ir30 16 W 20.67 L22 IN 01'1849 W 54.60 L23 N 19'1204IN 34.47 L24 IN 3Tr;9 08 IN 39.39 L25 IN' 39'21 O9 W 24.74 0 N 53'25 E 11 57.77 L27 N W 3< W 57.94 L2B IN B6'28 18' W 30.87' L79 5D' 25' 0 50, SCALE 04 FEET 1 INCH - 50 FEET THIS YAP 15 NOT FOR RECORDATION HANOVER DESIGN SERVICES, P.A. LAND SURVEYORS ENGINEERS & LAND PLANNERS PHONE.' FLORAL PARKWAY. W-WNCTM,1N.C. 2IM03 343-0002 FAX (910) 343-9941 FIRM CERTIFICATE C-O597 GERMED Z 4 L2012 WILM. FLD. OFC. FMMS\10010-wmdmmw\VCTAND\WETLAND IMPACT f.&g ;?4 Caa4 en4 F YdAif-sa-, P& zoFL WETLAND DETAIL WFDC, LLC WILD FLOWER AREA TRACT RARNETT TOMNSID' FEW HANOVER CODNTV ROM CARD INA CRR PROPERTIES. LLC PO DIC 31549 / 8 VSBOX NC 2B40B OMER4 II \ \ / 8WETLAND IMPACT No. 2 \ \ 9.2 Sq. Feet \ \ .203 Acres 52 /Log L12 IS 7C4479' E 1 44.62' L13 IS 64'45 31 E 30.03 1.14 5'22101 E 31.97 Lis S 3102 0 AD W 2324 1.16 IN 59'0255 IN 15937 r s 5 All ea����JAJ2 �\ T C"`Rf£Fry S RT 1 4 1 3 i0' 25 0 50' SCALE IN FEET 1 NCH - 50 FEET TITS NAP IS NOT FOR RECORDATION HANOVER DESIGN SERVICES, P.A. LAND SAIVETLTRS ENGINEERS, c LAND PLANNERS 1123 FLORAL PARXINAY XILNNGTDN, N.C. 25403 1 1 PHONE 02 Dj'LJC FAA: (B70) 34 4941 543-U FIIOI CEROFlCATS CATE C-0597 t NATIONWIDE PERMIT 29 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Residential Developments. Discharges of dredged or fill material into non -tidal waters of the United States for the construction or expansion of a single residence, a multiple'uriit residential development, or a residential subdivision. This NWP authorizes the construction of building foundations and building pads and attendant features'that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages,,yards, utility lines, storm water management facilities, septic fields, and,recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an -integral part of the residential development). The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the' United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters. Subdivisions: For residential subdivisions, the aggregate.total loss of waters of United States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the United States associated with development of individual subdivision'lots. Notification: The permittee must submit a pre -construction notification -to the district engineer prior to commencing the activity. (See general condition 31.) (Sections I0'and 404) NATIONWIDE PERMIT CONDITIONS The following General Conditions must be followed in order for any uthorization by a N .;'P to be valid: 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United, States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense'•to the United States. No claim shall be made against'the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Mieratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must'be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. LOCATION LYNN HAVEN FL+GA NC SC Established Series Rev, GRB 03/2009 LYNN HAVEN SERIES The Lynn Haven series consists of very deep, poorly and very poorly drained, moderate or moderately rapid permeable soils in low areas and depressions the Gulf Coast and Atlantic Flatwoods. They formed in thick deposits of sandy marine sediments. Near the type location, the mean annual temperature is about 68 degrees F., and the mean annual precipitation is about 55 inches. Slopes range from 0 to 5 percent. TAXONOMIC CLASS: Sandy, siliceous, thermic Typic Alaquods TYPICAL PEDON: Lynn Haven fine sand --range. (Colors are for moist soil) A--O to 12 inches; black (1 OYR 2/1) fine sand; weak fine granular structure; friable; many fine and medium roots; strongly acid; clear wavy boundary. (8 to 20 inches thick) Eg--12 to 16 inches; gray (N 6/0) fine sand; single grain; loose; common fine and medium roots; many uncoated sand grains; very strongly acid; abrupt wavy boundary. (2 to 18 inches thick) Bh1--16 to 22 inches; dark reddish brown (5YR 3/2) fine sand; weak fine granular structure; friable; many fine and medium roots; few fine and medium pores; sand grains coated with organic matter; very strongly acid; gradual wavy boundary. Bh2--22 to 30 inches; dark brown (7.5YR 3/2) fine sand; weak fine granular structure; friable; few fine roots; few fine pores; most sand grains are coated with organic matter; few small pockets of uncoated sand grains; very strongly acid; gradual wavy boundary. (Combined thickness of the Bh horizons is from 6 to more than 50 inches thick.) Cg--30 to 75 inches; gray (5Y 6/1) fine sand; single grain; loose; common medium distinct brown (1 OYR 5/3) and light yellowish brown (1 OYR 6/4) masses of iron accumulation; very strongly acid. TYPE LOCATION: Bay County, Florida. Approximately 1 mile south of intersection of U. S. Highway 98 and State Highway 392 and about 50 feet east of Highway 392 in Sec. 4, T. 4 S., R. 15 W. RANGE IN CHARACTERISTICS: Reaction ranges from extremely acid to strongly acid throughout the profile. The Oa, horizon, where present, is less than 7 inches thick. It has hue of 5YR to 1 OYR, value of 2 or 3, and chroma of 1 to 3. Texture is muck. The A horizon has hue of I OYR, value of 2 or 3, and chroma of 1 or 2; or is neutral with value of 2 or 3. When dry, this horizon has a salt -and -pepper appearance due to mixing of organic matter and white sand grains. Texture is sand, fine sand or mucky fine sand. Hanover Design Services 1123 floral Pkwy. Wilmington, NC 28403 https://soilseries.sc.egov.usda.gov/OSD_Docs/L/LYNN_HAVEN.htm] 8/28/2012 The Eg or E horizon, where present, has hue of 1 OYR or 2.5YR, value of 4 to 7, and chroma of 1 or 2; or 'is neutral with value of 5 to 7. Redoximorphic features in shades of yellow and brown range from none to common. Texture is sand or fine sand. The Bh horizon has hue of 5YR to ] OYR, value of 2 or 3, and chroma of 1 to 4. Sand grains are coated with organic matter. Vertical or horizontal tongues or pockets of grayish sand occur in the Bh horizon in some pedons. Texture is sand, fine sand, loamy sand or loamy fine sand. Some pedons have a C/B horizon with hue of 1 OYR to 5YR, value of 3 to 5, and chroma of 3 or 4 with redoximorphic features in shades of gray, brown, or yellow. Texture is sand, fine sand, loamy sand or loamy fine sand. Some pedons have a bisequum of E'g and B'h. Colors and textures are similar to the Eg and Bh horizons. The Cg horizon has hue of 7.5YR to 5Y, value of 4 to 7, and chroma of 1 to 3. Redoximorphic features in shades of brown, yellow, or red range from few to many. Texture is sand, fine sand, loamy sand or loamy fine sand. COMPETING SERIES: These include Boulogne and the very poorly drained Wesconnett series. Boulogne and Wesconnett soils do not have E horizons immediately below the A horizon. GEOGRAPHIC SETTING: Lynn Haven soils are on low.areas and in depressions of the Gulf Coast and Atlantic Flatwoods. They formed in thick beds of marine sand. The climate is warm and humid. Slopes range from 0 to 5 percent. The average annual air temperature ranges from 65 to 70 degrees F., and the average annual precipitation ranges from 50 to 60 inches. GEOGRAPHICALLY ASSOCIATED SOILS: These include the Allanton, Bavmeade, Blanton, Evergreen. Hurricane, Kershaw, Kingsferry, Kureb, Lakeland, Leon, Mandarin, Murville, Olustee, Osier, Plummer, Pottsburg Rutlege, Scranton, and Seagate series. Allanton, Hurricane and Pottsburg soils have a Bh horizon at depths greater than 50 inches. The Baymeade, Blanton, Kershaw, Kureb, Lakeland, Osier, Plummer, Rutlege, and Scranton soils do not have Bh horizons. Evergreen soils have a histic epipedon. Kingsferry soils have a Bh horizon between a depth of 30 and 50 inches. Leon soils lack an umbric epipedon. Olustee soils have Bt horizons below the Bh horizon. Murville soils do not have E horizons immediately below the A horizon. Seagate soils are better drained and have argillic horizons beneath the Bh horizons. DRAINAGE AND PERMEABILITY: poorly or very poorly drained; moderately rapid or moderate permeability. USE AND VEGETATION: Most areas of Lynn Haven soils remain in their natural state. A few small areas are used for truck crops and pasture land. The native vegetation consists of slash pine, longleaf pine, or cypress and bay trees with an undergrowth of sawpalmetto, gallberry, fedderbush, huckleberry, and pineland threeawn. In depressions, cypress and bay trees are denser along with blackgum, red maple, and Ogeechee lime. The shrubs include fetterbush, Virginia willow, buttonbush, and waxmyrtle. Common herbaceous plants and vines include muscadine grape, greenbriars, and poison -ivy, along with maidencane grass, cinnamon fern and sphagnum. DISTRIBUTION AND EXTENT: Florida, Georgia, North Carolina and South Carolina. The series is of moderate extent. Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403 https://soilseries.sc.egov.usda.gov/OSD_Docs/L/LYNN_HAVEN.html 8/28/2012 4 MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Auburn, Alabama. SERIES ESTABLISHED: Florence and Sumter Counties, South Carolina; 1969. REMARKS:'The water table is at 0 to 6 inches for periods of 2 to 6 months annually and within a depth .. of 40 inches for more than 6 months during most years; during extended dry periods it is below 40 inches. Depressional areas are ponded for long duration in most years. Diagnostic horizons and features recognized in this pedon: Umbric epipedon - The zone extending from the surface to a depth of 12 inches. (A horizon). Albic horizon - The zone between 12 and 16 inches. (E horizon). Spodic horizon - The zone between 16 and 30 inches. (Bhl and Bh2 horizons). National Cooperative Soil Survey U.S.A. Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403 https:#soilseries.sc.egov.usda.gov/OSD_Docs/L/LYNN_HAVEN.htm] 8/28/2012 LOCATION LEON FL+AL GA MD MS NC SC VA Established Series Rev. AGH, GWH, DL, JNS 03/2009 LEON SERIES The Leon series consists of very deep, poorly and very poorly drained, moderately to moderately slowly permeable soils on upland flats, depressions, stream terraces and tidal areas. They formed in sandy marine sediments of the Atlantic and Gulf Coastal Plain. Near the type location, the mean annual temperature is about 68 degrees F., and the mean annual precipitation is about 65 inches. Slopes range from 0 to 5 percent. TAXONOMIC CLASS: Sandy, siliceous, thermic Aeric Alaquods TYPICAL PEDON: Leon sand --forested; slash pine, gallberry, wax myrtle, saw palmetto, goldenrod, lyonia ligustrina, dog fennel, and lowbush blueberry. (Colors are for moist soil) A--O to 4 inches; 70 percent black (I OYR 2/1) and 30 percent light gray (I OYR 7/1) sand; weak fine granular structure; very friable; many fine, medium, and large roots; many clean sand grains give a salt - and -pepper appearance; very strongly acid; clear smooth boundary. (2 to 9 inches thick) Egl--4 to 10 inches; gray (I OYR 6/1) sand; common medium faint very dark gray (1OYR 3/1) streaks and splotches of organic matter accumulations deposited in former root channels and krotovinas, ranging from about 20 percent in upper part to 0 percent in lower part; single grain; loose; many fine, medium, and large roots; very strongly acid; clear wavy boundary. (2-12 inches thick) Eg2--10 to 15 inches; gray (I OYR 6/1) sand; 20 percent faint light gray (I OYR 7/1) oval splotches of organic matter depletions; single grain; loose; few fine and medium roots; very strongly acid; abrupt smooth boundary. (2 to 13 inches thick) Bhl--15 to 18 inches; 50 percent dark brown (7.5YR 3/3) and 50 percent black (7.5YR 2.5/1) sand; weak medium and coarse subangular blocky structure; firm; common fine and medium roots; many fine and medium pores; more than 95 percent of sand grains have organic coatings; extremely acid; clear smooth boundary. Bh2--18 to 22 inches; dark brown (7.5YR 3/4) sand; weak medium and coarse subangular blocky structure; firm; few fine and medium roots; common fine and medium pores; more than 95 percent of sand grains have organic coatings; extremely acid; clear wavy boundary. (Combined thickness of the Bh horizons ranges from 4 to 35 inches) Bw and Bh--22 to 25 inches; 80 percent (Bw) dark yellowish brown (1 OYR 4/4) and 20 percent (Bh) dark brown (1 OYR 3/3) sand; very weak medium and coarse subangular blocky structure; very friable; common fine and medium pores; very strongly acid; clear wavy boundary. (0 to 14 inches thick) Eg and Bh--25 to 30 inches; 95 percent (Eg) weak red (2.5YR 5/2) and 5 percent (Bh) dark brown (7.5YR 3/3) sand; single grain; loose; common fine and medium pores; very strongly acid; diffuse Hanover Design Services 1123 Floral P". WilrniVon, NC 28403 https:Hsoilseries.sc.egov.usda.gov/OSD_Docs/L/LEON.html 8/28/2012 irregular boundary. (0 to 10 inches thick) 1 E'g--30 to 42 inches; pinkish gray (7.5YR 7/2) sand; single grain; loose; very strongly acid; clear wavy boundary. (0 to 36 inches thick) B'h--42 to 77 inches; 50 percent very dark brown (1 OYR 2/2) and 50 percent dark yellowish brown (1 OYR 3/4) sand; weak medium and coarse subangular blocky structure; friable; common fine and medium pores; very strongly acid; clear wavy boundary. (0 to 50 inches thick) B'w and B'h--77 to 108 inches; 60 percent (Bw) brown (1 OYR 4/3), 40 percent Bh of very dark brown (1 OYR 2/2) and very dark grayish brown (1 OYR 3/2) sand; very weak medium and coarse subangular blocky structure; very friable; common fine and medium pores; very strongly acid. TYPE LOCATION: Bay County, Florida. USGS Panama City Beach topographic quadrangle. Approximately 1.2 miles north of U.S. Highway 98, about 2.7 miles south of West Bay in Panama City Beach, Florida. SW 1/4, Sec. 20; T. 3 S., R. 15 W. 30 degrees 12.0 minutes 19.9 seconds N.; 85 degrees 46.0 minutes 20.4 seconds W. RANGE IN CHARACTERISTICS: The Bh horizon is within 30 inches of the soil surface. Reaction ranges from extremely acid to slightly acid throughout. In tidal areas, the soil reaction ranges from very strongly acid to moderately alkaline throughout. The A or Ap horizon has hue of 7.5YR or 1 OYR, value of 2 to 4, and chroma of 1 or 2; or is neutral with value of 2 to 4. When dry, this horizon has a salt -and -pepper appearance due to mixing of organic matter and sand grains. A thin O horizon of muck is present in some pedons. Texture is sand, fine sand, mucky fine sand, or mucky sand. The E horizon, where present, has hue of 7.5YR to 2.5Y, value of 4 to 8, and chroma of 3 to 4; or is neutral with value of 5 to 8. Streaks and splotches of organically enriched material in shades of black to gray range from common to many. Texture is sand or fine sand. The Eg or E'g horizons, where present, have hue of 7.5YR to 2.5Y, value of 4 to 8, and chroma of 1 or 2. Redoximorphic features of oval faint splotches (depletions) range from none to many. Streaks and masses of organic matter accumulation (Bh material) in shades of black to brown range from none to common. Texture is sand or fine sand. A transitional horizon may be present between the lower E horizon and the Bhl horizon. Where present, it has hue of 1 OYR, value of 2 to 4, and chroma of 1. Thickness ranges from 0.5 to 2.0 inches. Texture is sand or fine sand. The Bh horizon has hue of 5YR to I OYR, value of 2 or 4, and chroma of 1 to 4; or is neutral with value of 2 to 4. This horizon bums white on ignition. Texture is sand, fine sand, loamy sand or loamy fine sand. The Bw horizon, where present, has hue of 5YR to 1 OYR, value of 2 or 4, and chroma of 3 to 4; or is neutral with value of 2 to 4. Streaks and masses of organic matter accumulation (Bh material) in shades of black to brown range from none to common. Texture is sand or fine sand. B'h, B"h. B"'h horizons, where present, have similar colors and textures as the Bh horizon but occurs below the BE, E', E" and E"' horizons. https://soilseries.sc.egov.usda.gov/OSD Docs/L/LEON.htm] Hanover DesAgn SeN1Ce8 1123 Floral Pkwy. Wilmington. NC 28403 8/28/2012 The C horizon, where present, has hue of 7.5YR to 2.5Y, value of 4 to 8, and chroma of I to 6. Texture is sand or fine sand. COMPETING SERIES: The Talquin and Witherbee series are the only known series in the same family. They are on similar to slightly higher positions. In addition, Talquin soils have a spodic horizon less than 6 inches in thickness and the somewhat poorly drained Witherbee soils have less than 0.06 organic carbon in the upper 12 inches of the spodic horizon. GEOGRAPHIC SETTING: Leon soils are on upland flats, depressions, stream terraces and tidal marshes of the lower Atlantic and Gulf Coastal Plain. They formed in thick beds of acid sandy marine sediments. The climate is humid subtropical. Slopes range from 0 to 5 percent. The average annual temperature ranges from 66 to 70 degrees F., and the average annual precipitation ranges from 61 to 69 inches at the sample location. GEOGRAPHICALLY ASSOCIATED SOILS: These include the Chipley, Foxworth, Hurricane, Kershaw, Lakeland, Lynn Haven, Mascotte Olustee, Ortega, Osier, Plummer, Portsmouth, Pottsbm r, Ridgeland, Scranton, and Wesconnett series. Chipley, Foxworth, Kershaw, Lakeland, and Ortega soils are on higher positions and lack spodic horizons. In addition, Chipley soils are somewhat poorly drained, Foxworth soils are moderately well drained to excessively drained, Kershaw and Lakeland soils are excessively drained, and Ortega soils are moderately well drained. Hurricane and Pottsburg soils have a spodic horizon at depths greater than 50 inches. In addition, Hurricane soils are somewhat poorly drained and on higher positions and Pottsburg soils are somewhat poorly to poorly drained and on similar to,slightly higher positions. Lynn Haven soils are on similar positions but have an umbric epipedon. Mascotte and Olustee soils are on similar positions but are underlain by argillic horizons under the Bh horizon. Osier soils are on flood plains and lack spodic horizons. Plummer soils are on similar to lower positions and are grossarenic. The very poorly drained Portsmouth is on lower positions and lack spodic horizons. Ridgeland and Wesconnett soils and lack E horizons between the A and Bh horizons. In addition, Ridgeland soils are on slightly higher positions and are somewhat poorly drained while Wesconnett soils are in lower depressional areas and are very poorly drained. The poorly drained Scranton soils are on similar to slighter higher positions and lack spodic horizons. DRAINAGE AND PERMEABILITY: Poorly drained and very poorly drained; moderate to moderately rapid permeability in the Bh horizons, moderate to moderately slow permeability in the Bh horizons, and rapidly permeable in the other layers. USE AND VEGETATION: Most areas of Leon soils are used for forestry, rangeland and pasture. Areas with adequate water control are used for cropland and vegetables. The natural vegetation consists of longleaf pine, slash pine, water oak, myrtle, with a thick undergrowth of sawpalmetto, running oak, fetterbush and other lyionia, inkberry (gallberry), chalky bluestem, creeping bluestem and pineland threeawn (wiregrass). In depressions, the vegetation is dominated by brackenfern, smooth sumac and swamp cyrilla are common. Vegetation in the tidal marshes includes bushy seaoxeye, marshhay cordgrass, seashore saltgrass, batis, and smooth cordgrass. DISTRIBUTION AND EXTENT: The Atlantic and Gulf Coastal Plain from Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Virginia and Maryland. The series is of large extent. MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Auburn, Alabama. SERIES ESTABLISHED: Leon County, Florida; 1905. Hanover Design Services 1123 Floral Pkwy. REMARKS: Diagnostic horizons and features recognized in this pedon: Wilmington, NC 28403 https:Hsoilseries.sc.egov.usda.gov/OSD_Docs/L/LEON.html 8/28/2012 Ochric epipedon - the zone from 0 to 15 inches (A, E and Egg horizons). Albic horizons - the zones from 4 to 15 inches (E and Eg horizons) and from 30 to 42 inches (E'g horizon). Spodic horizon within 30 inches - the zones from 15 to 22 inches (Bhl and Bh2 horizons) and from 42 inches to 77 inches (B'h horizon). Aquic conditions - endosaturation throughout. The water table is at depths of 6 to 18 inches for 1 to 4 months during most years. In low flats or sloughs' it is at a depth of 0 to 6 for periods of more than 3 weeks during most years. It is between depths of 18 and 36 inches for 2 to 10 months during most years. It is below 60 inches during the dry periods of most years. Depressional areas are covered with standing water for periods of 6 months or more in most years. ADDITIONAL DATA: IFAS Soil Characterization Data: S2-1-(1-9), S2-2-(1-8), S3-3-(1-5), S4-8-(1- 9), S10-12-(1-7) S12-17-(1-7), S16-9-(1-7), S19-6-(1-5), S33-24-(1-7), S37-28-(1-8), S45-27-(1-7), S46-2-(1-6), S57-46-(1-6), S66-24-(1-8); samples by IFAS, University of Florida, Gainesville, FL. NSSL Soil Characterization Data: S08FL-005-1 (1-10); sample by NSSL, Lincoln, NE. Soil Name Slope Airtemp FrFr/Seas Precip Elevation LEON 0-5% 65-70F 230-310 60-69 in 8-135 ft FloodL F1oodH Water table Kind Months Bedrock F10051 NONE 0.5-1.5 APPARENT MAR-SEP 60-60 FL0093 NONE 0 - 0.5 APPARENT FEB-SEP 60-60 FL0406 RARE COMMON 0 - 1.0 APPARENT MAR-SEP 60-60 FL0501 NONE - APPARENT - 60-60 FL0508 FREQ 0 - 0.5 APPARENT JAN-DEC 60-60 Depth Texture 3-Inch No-10 Clay% -CEC- FL0051 0- 3 S FS 0- 0 100-100 1- 5 2 - 12 FL0051 3-15 S FS 0- 0 100-100 0- 3 .3- 1 FL0051 15-30 S FS LS 0- 0 100-100 2- 8 8 - 30 FL0051 30-66 S FS 0- 0 100-100 1- 4 .5- 3 FL0051 66-80 0- 0 100-100 2- 8 8 - 30 FL0093 0- 4 MK-S MK-FS 0- 0 100-100 1- 6 12 - 30 FL0093 0- 4 S FS 0- 0 100-100 1- 5 2 - 12 FL0093 4-16 S FS 0- 0 100-100 0- 3 .3- 1 FL0093 16-25 S FS LS 0- 0 100-100 2- 8 8 - 30 FL0093 25-80 S FS 0- 0 100-100.1- 4.5- 3 FL0406 0- 3 FS S 0- 0 100-100 1- 5 2 - 12 FL0406 0- 3 MK-FS MK-S 0- 0 100-100 1- 6 12 - 30 FL0406 3-15 FS S 0- 0 100-100 0- 3 .3-1 FL0406 15-23 FS S LS 0- 0 100-100 2- 8 8 - 30 Services FL0406 23-80 FS S 0- 0 100-100 1- 4 .5-3 1123 23 Floral Pkwy. Wilmington, NC 28403 https:Hsoilseries.sc.egov.usda.gov/OSD_Docs/L/LEON.html 8/28/2012 Depth Texture 3-Inch No-10 Clay% CEC FL0501 0- 3 MUCK 0- 0 90-200 --- --- FL0501 3-17 S FS 0- 0 100-100 0- 3 .3- 2 FL0501 17-80 S FS LFS 0- 0 100-100 2- 8 8.0- 30 FL0508 0-26 S FS 0- 0 100-100 1- 3 1.0- 12 FL0508 26-40 S FS 0- 0 100-100 2- 8 12 - 30 FL0508 40-80 S FS 0- 0 100-100 2-10 .5- 3 S0I-5 Depth pH O.M. Salin Permeab Shnk-Swll FL0051 0- 3 3.6- 6.5 0.5-4.0 0- 2 6.0-20 LOW FL0051 3-15 3.6- 6.5 0.0-0.5 0- 2 6.0-20 LOW FL0051 15-30 3.6- 6.5 2.0-4.0 0- 2 0.6- 6.0 LOW FL0051 30-66 3.6- 6.5 0.0-0.5 0- 2 2.0-20 LOW FL0051 66-80 3.6- 6.5 1.0-3.0 0- 2 0.2- 2.0 LOW FL0093 0- 4 3.6- 6.5 10-20 0- 2 6.0- 20 LOW FL0093 0- 4 3.6- 6.5 2.-5. 0- 2 6.0- 20 LOW FL0093 4-16 3.6- 6.5 0.- .5 0- 2 6.0- 20 LOW FL0093 16-25 3.6- 6.5 L-4. 0- 2 0.6- 6.0 LOW FL0093 25-80 3.6- 6.5 0.- .5 0- 2 2.0- 20 LOW FL0406 0- 3 3.6- 5.5 0.5-4. 0- 2 6.0- 20 LOW FL0406 0- 3 3.6- 5.5 10-20 0- 2 6.0- 20 LOW FL0406 3-15 3.6- 5.5 0,5 0- 2 6.0- 20 LOW FL0406 15-23 3.6- 5.5 L-4. 0- 2 0.6- 6.0 LOW FL0406 23-80 3.6- 5.5 0,5 0- 2 0.6- 20 LOW FL0501 0- 3 3.6- 5.5 20-80 0- 2 6.0- 20 LOW FL0501 3-17 3.6- 5.5 0.-.5 0- 2 6.0- 20 LOW FL0501 17-80 3.6- 5.5 L-4. 0-*2 0.6- 6.0 LOW FL0508 0-26 4.5- 8.4 1.-3. 8-16 2.0- 6.0 LOW FLO508 26-40 4.5- 8.4 L-4. 8-16 0.6- 6.0 LOW FL0508 40-80 4.5- 8.4 0.-.5 2- 8 0.6- 6.0 LOW National Cooperative Soil Survey U.S.A. Hanover Design Services 1123 Floral Pkwy. Wilmington, NC 28403, https://soilseries.sc.egov.usda.gov/OSD_Docs/L/LEON.html 8/28/2012 N 34' 15 27 I i i I 34'15S t Soil Map —New Hanover County, North Carolina (Wilflower NHC) i& .s , •��i. ��"'i• I:,,;qy,+; � _ r �! o+��'.,-,> _y�T,A�xit .-- ^:�>- � � ,, j�A>W, r. "� �„�.,�°n �, . �� �-s+ . �i.' qa f` r`V "ay�. r �' s , ��r uR� Z�'�^ �'^.��� �'��f! "5'"�u,�t<,)" aJ 1,�°5 , � _ ,' I' pia �riS�^'•�+'a# ?' /' _.» R 1 ff..- y (.' K „ + / r ash ,/�� 'M 9,-„ �'�";<<}'{�ry y� e^ • / Mr a! 5��-�.`�� W ..+W •'�+ � �' `^ j � .��'1 µ,IW qRr ��M+p k).C/1 11} �i�t "WW.ii� i '�+ '.r 'G '. "J iy�y�ty,+.y �41l:Yp �' ;,,{�`"�' �'�: ` `rh� 4+'�{`�h L�^. �` ,:1. �e, , ,.f>,, .�}!i, �"�iP r `Of`-�•1Yif'.,"Y .<� AJ ) .r• t 1 i� _,.� h �6[^ l " 1 tt e{,j�s�. .,fi. f iu •�,�`1A. `'_ ,y: �i �Im � y�m�' 'r Y� S (f VI al, f �� •F't t1,dT �yi y'�' �^- � J� + 8 C � .d" -ya•.� Fir I�r, '^I , :I;�� 3r; ,reA `^Y� Aq, �. ck yy SR°I I L'a. +."'` �i. ' d"•vl S , V i i I.e� '4 Y ^' Y't' 1 �� , A5^'£• T"(FJ n'KM1q ^✓ .A i .. '''"�'r iY '' � �! L: . ✓� '•1 '�...�JCY. a � �„ ;'�f� - _ t FI.. ti�N, f!'?�»°�?+A.a�O:�i.,';: �.d:.'�•'�.^w � ,1 k"«�+, I� p'y:r� # if ry � u5 .i'.�(�. `•,s�.if�� .� / f r ip �i +, . � ` �r � � I. �'G�QI/��:G.•'" 3 Ni'`�' h i + f" �t l �R. `s .� :. `4 'F,r r ,' 1 '+^°c fi 3 ^E•. •;' S � ,,� n' .�.. 'Yip .mot '„ram1 r",�e°°4 ^�1 'F ` � ' '•��9i- �" '� fI �.A1! 4' `` �.r kl`af �e,y{1"�''p�'pwi W2,`F�r" '�y sew 4 yY�e� ..,t, i `K '�'t �'` y'1 �! tt' � k. � ,�i� � A f✓`� . f�j +I fj . � C J' ,r "e yw^ �1,� � IJ' ar 'L ��C <, ti h i I �O uw,,`tfti �R .y+'�k' fir' / y„1r 'Ms V p^� ,''d "t �, r`E 4 , •.;'" >�yt'�^ r � �+, 1 +.""7fi`"'7r„"' '1T""—,,'��a�Rw',`—T"��ti1���,.�+' YF'/„7sr�i '"='.'�__,.. -e•, y .�(g+. .Mq, �. <F �•-, n �Y��,�il�tio �.;� 'I'� 47 t `�q t+,f% *.. A.'�Wj� � iH' }�� y - ;' E ., s �.'. +Y'T '� 4':,, '1 .�., � i�>� t, t��`11 1..{ ''lt�we:� �ARt++.'.t.l`. `.✓f%I.r ��,.. a. &r a 4.n �Yru �� i{x 1.�7 1 Z a 238000 236100 2'82W 238300 23&100 238500 230600 23fi]00 236800 238900 Vhp Seale 1,4]40 if WnktlonAvm (85"x 11') sheet n Y y bL T' LY"L7�/ N Meters n 0 50 700 200 300 Feet 0 250 500 1,000 1,500 USDA Natural Resources Web Soil Survey S Conservation Service National Cooperative Soil Survey 828/2012 Page 1 of 3 W 15 28" W 156' Soil Map -New Hanover County, North Carolina (WilFlower NHC) MAP LEGEND MAP INFORMATION Area of Interest (AOI) IZ Very Stony Spot Map Scale: 1:4,740 if printed on A size (8.6' x 11") sheet O Area of Interest (AOI) t Wet Spot The soil surveys that comprise your ACI were mapped at 1:15,840. Sells Q Soil Map Units Other Warning: Soil Map may not be valid at this scale. Special Point Features Special -� Line Features Enlargement of maps beyond the scale of mapping g y pp g can cause Gully misunderstanding of the detail of mapping and accuracy of soil line Blowout P" Short Steep Slope placement. The maps do not show the small areas of contrasting ® Borrow Pit "'w soils that could have been shown at a more detailed scale. •� Other X Clay Spot Political Features Please rely on the bar scale on each map Sheet for accurate map 6 Closed Depression ! Cities measurements. X Gravel Pit Water Features gource of Map: Natural Resources Conservation Service Web Soil Survey tit ebsoilsurvey.nres usda gov Gravelly Spot ,.... Streams and Canals UTM Zone 18N NAD83 ,Coordinate System:m: Z on © Landfill Transportation This product is generated from the USDA-NRCS certified data as of A Lava Flow ,,""0 Rails the version dale(s) listed below. ,gc, Marsh or swamp N Interstate Highways Soil Survey Area: New Hanover County, North Carolina US Routes r Survey Area Data: Version 13, Jul 6, 2012 ;r Mine or Quarry N N Major Roads Dale(s) aerial Images were photographed: 6/17/2006 Qo Miscellaneous Water o. m Local Roads - The orthopfioto or other base map on which the soil lines were O. Perennial Water compiled anddigitlzed probably differs from the background v Rock Outcrop imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. } Saline Spot .. Sandy Spot a Severely Eroded Spot _ _ _- 0 Sinkhole it Slide or Slip A Sodic Spot' - Spoil Area Q Stony Spot USDA Natural Resources ® Conservation Service Web Soil Survey National Cooperative Soil Survey 8/26/2012 Page 2 of 3 Soil Map -New Hanover County, North Carolina Pi�AHEP.R�7�C[N Map Unit Legend ' New Hanover County, North Carolina (NC129)' , Map dni{SymtioI Map Unit Name Acres in A& ', � , Percent of AOI Be Baymeade fine sand, 1 to 6 percent slopes 2.2 2.9% JO Johnston soils 5.9 7.6% Kr Kureb sand, 1 to 8 percent slopes 12.4 16.1 % Le Leon sand 10.1 13.1 % Ly Lynn Haven fine sand 10.9 14.1 % Mu Murville fine sand 3.9 5.0% Se Seagate fine sand 31.7 41.1 % Totals for Area of Interest 77.0 100.0% Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey Hanover Desgn Services 1123 Floral Pkwy. Wilmington, INC 28403 8/28/2012 Page 3 of 3 NEW HANOVER COUNTY Sam Burgess PLANNING & INSPECTIONS Senior Planner DEPARTMENT 230 Government Center Dr, Suite 110 Wilmington, NC 28403 AGENCY CHECKLIST 910-798-7441 phone 910-798-7053 fax sburgess@nhcgov.com wwu,.nhcgov.com Project Name:(.wa 020t:0w) Date: A%., , i 10 2012 V Preliminary Plan (Conventional, erfo ce High Density) • Engineering/Jim Iannucci/Jason Clark • Soil & Water Conservation District/ Dru Harrison EC E BVE • Emergency Services/ Warren Lee • Fire Services/ Matt Davis/Tom Sosebee AUG 0 8 1011 • E911/ Deborah Cottle • Environmental Health/Cathy Timpy (only if plan proposes well or septic tank) BY: • Cape Fear Public Utility Authority/ Bernice Johnson/Ken Harrell Additional Agencies: • Corps of Engineers/ Emily Hughes • School System/ Mick Wayne • NCDOT/ David Leonard • MPO/ Tara Murphy • Division of Coastal Management/ Robb Mairs (plan sent if land is adjacent to coastal water) • D.E.M./ Linda Lewis • City of Wilmington Development Services/ Ron Satterfield _Minor Subdivisions are sent to the following agencies for additional comments. • Engineering/ Jim Iannucci/Jason Clark • Environmental Health/ Cathy Timpy • CFPUA/ Bemice Johnson/Kent Harrell Final subdivisions are sent to the following agencies for additional comments. • Fire Services/ Matt Davis/Tom Sosebee • Engineering/ Jim Iannucci/Jason Clark • CFPUA/ Bernice Johnson/Kent Harrell Upon receipt, please provide your written comments on the attached site plan back to Planning & Inspections within (3) three weeks. Sender Comments: PAlpo o e cnN, kc\&,A oiLa 40.4 71•iw•