Loading...
HomeMy WebLinkAboutSW8130111_HISTORICAL FILE_20130206STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 \'60t l i DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 6117, CUZ o � YYYYMMDD �� MC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John Skvarla Governor Director Secretary February 6, 2013 Steven Ohm, Manager PaLay Investments, LLC 6123 Lydden Road Wilmington, NC 28409 Subject: State Stormwater Management Permit No. SW8130111 The Monkey Market High Density Commercial Wet Detention Pond Project New Hanover County Dear Mr. Ohm: The Wilmington Regional Office received a complete Stormwater Management Permit Application for The Monkey Market on December 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 Title 15A NCAC 2H.1000 and Session Law 2008- 211. We are forwardingg Permit No. SW8130111 dated February 6, 2013, for the construction, operation and maintenance of the BMP's and built -upon areas associated with the subject project. This permit shall be effective from the date of issuance until February 6, 2021, 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, certification of the BMP's, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stonnwater management system, to record deed restrictions, to certify the BMP's, 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 filingg a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 1506 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 flee Is required) and/or the details of the filingg process at 6714 Mail Service Center, Raleigh, NC 27699-6 14, 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 Chris Baker, at (910) 796-7215, Sirycerely, .'"FoYChade' Wakild, P. r, Director Division of Water Quality GDS/ csb: S:IWQS1StormwateAPermits & Projects120131130111 HD12013 02 permit 130111 cc: Phil Norris, P. E., Norris & Tunstall Consulting Engineers, Inc. New Hanover County Building Inspections New Hanover County Engineering Wilmington Regional Office Stormwater File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone. 919-80763001 FAX: 919-8076492 Internal www rlmatemuality.oru NorthCarolina Natzil lly An Equal Oppotlunity \ ARrmallve Action Employer State Stormwater Management Systems Permit No. SW8 130111 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 PaLay Investments, LLC The Monkey Market 5111 Carolina Beach Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter collectively and separately 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 February 6, 2021, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 15,000 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated in Section 1.8 on page 3 of this permit, and as shown on the approved plans. The built -upon area for the future development is limited to 1,203 square feet. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 130111 6. The project shall provide a 50' wide vegetated buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers, and the mean high water line of tidal waters. 7. The following design criteria have been permitted for the infiltration basin and must be provided and maintained at design condition: a. Drainage Area, fcres: 0.69 Onsite, ft : 30,000 Offsite, ft2: N/A b. Total Impervious Surfaces, ft2: 15,000 Onsite, ft : 15,000 Offsite, ft2: N/A C. Design Storm, inches: 1.5 d. Basin Depth, feet: 0.85 e. Bottom Elevation, FMSy 20.4 f. Bottom Surface Area, ft : 6,662 g. Bypass Weir Elevation, FMSL: N/A h. Permitted Storage Volume, ft3: 6,094 i. Predevelopment 1 yr 24 hr peak flow, cfs: 0.92 j. Post -development 1 yr 24 hr peak flow, cfs: 1.84 k. Type of Soil: Stallings I. Expected Infiltration Rate, in/hr: 3 M. Seasonal High Water Table, FMSL: 18.33 n. Time to Draw Down, hours: 24.5 o. Receiving Stream/River Basin: Mott Creek / Cape Fear P. Stream Index Number: 18-82 q. Classification of Water Body: .C;Sw,, II. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. 4. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 130111 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. 6. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Records of maintenance activities must be kept for each permitted BMP. The reports will indicate the date, activity, name of person performing the work and what actions were taken. 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. A modification may be required for those deviations. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. 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 any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further development, subdivision, acquisition, lease 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. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. 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. III. GENERAL CONDITIONS This permit is not transferable to any person or entity 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 project or of the permittee or a mailing address change, the permittee shall submit a completed and signed Name/Ownership Change form to the Division of Water Quality, accompanied by the appropriate documentation as listed on the form. The approval of this request will be considered on its merits and may or may not be approved. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 130111 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project in whole or in part, nor the conveyance of common area to a third party shall constitute an approved transfer request. 4. 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. 5. 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. 6. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 7. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 8. 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 reissuance or termination does not stay any permit condition. 9. Unless specified elsewhere, permanent seeding requirements for the stormwater controls must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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 2008- 211, 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 6th day of February, 2013. NO H CAROLINA ENV1,RONMENTAL MANAGEMENT COMMISSION v , vLe ` ,vr C rles W kild, P. E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 DWQ USE ONLY 1 Date Received Fee Paid ermit Number - I Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph R - 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 fonn may be photocopied for use as an original L GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 2. Location of Project (street address): 5111 Carolina Beach Road City:Wilmington County:New Hanover Zip:28412 3. Directions to project (from nearest major intersection): Approximately 0.63 miles NW from the intersection of South College Road (NC 132) & Carolina Beach Road (NC 421). Travel 0.63 NW along Carolina Beach Road the site will be on the right. 4. Latitude:34° 08' 51" N Longitude:77° 54' 00" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New []Modification ❑ Renewal w/ Modificationt tRenewals 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 project (check one): ❑Low Density ®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 reject nutmbg� i� assigned, and the previous name of the project, if cl ffere strt�r Mh proposed, prrr��q1. q ,9((�� 4. a. Additional Project Requirements (check applicable blanks; information on required a (rmiL§ can`Ge12 obtained by contacting the Customer Service Center at 1-877-623-6748): pp ❑LAMA Major ®Sedimentation/Erosion Control:1.1 ac of Dis%y AreecGT- ❑NPDES Industrial Stormwater 0404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ®No ❑Yes If yes, see S.L. 2012-200, Part Vl: httl2:/112ortal.ncdenr.org/web/wq/ws/­su/statesw/ru les laws Form SWU-101 Version 06Aug2012 Page 1 of 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 proiect): Applicant/Organization:Palay Investments, LLC Signing Official & Title:Stephen Ohm / Member b.Contact information for person listed in item la above: Street Address:6123 Lydden Road City:Wilmington State:NC Zip:28409 Mailing Address (if applicable): City: Phone: (336 1260-1603 Email:spo4321@gmaii.com Fax: ( ) N/A 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 Owner/Organization: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: State: Zip: Mailing Address (if applicable): City: State: Zip: Phone: ( 1 Fax: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: m� � � o �/+ EI Other Contact Person/Organization: Signing Official & Title: DEC 2 7 b.Contact information for person listed in item 3a above: BY Mailing Address: Zip: Phone: ( I Fax: 4. Local jurisdiction for building permits: New Hanover County Point of Contact:Chris O'Keefe Phone #: (910 ) 798-7165 Form SWU-101 Version 06Aug2012 Page 2 of IV. ' PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Infiltration Basin 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 the 4. Total Property Area:1.65 acres River basin. 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:1.65 acres Total project area shall be calculated to exclude the following the normal yool of imppounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NM line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHI� line. The resultant project area is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 20.61 % 9. How many drainage areas does the project have?1 (For high density, count I for each proposed engineered stormwater BMP. For low density and other projects, use I for the whole property area) 10. 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 provided in the same format as below. Basin Information Draina e Area 1 Draina e Area _ Draina e Area Draina a Area Receiving Stream Name Mott Creek Stream Class * C;Sw Stream Index Number * 18-82 Total Drainage Area (so 30,000 On -site Drainage Area (so 30,000 Off -site Drainage Area (so 0 Proposed Impervious Area** (so 15,000 % Impervious Area** total 50% Impervious- Surface Area Drainage Area 1 Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 2,760 On -site Streets (so - On -site Parking (so 10,901 On -site Sidewalks (so 136 — Other on -site (so Future (so 1,203 t Off -site (so 0 Existing BUA*** (sf) i - Total (so: 1 15,000 * Stream Class and Index Number can be determined at: luttp.aortaLnedenr.or ebhuq[pslesu/classificatiotus *` Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. *"* Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. Form SWU-101 Version 06Aug2012 Page 3 of 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 http://portal.ncdenr.org/web/wq/ws/su/bmp-manual. VL 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/wq/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 at htttp: / / portal.ncdenr.org/web/wq/ws/su/maps.) 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 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 agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.oriz/pages/onestoRexRress.htmi for information on the Express progra and the associated fees. Contact the appropriate regional office Express Permit Coordinator fo additional information and to schedule the required application meeting.) 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 receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. m r � 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. tt� 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 al waters, and any coastal wetlands landward of the MHW or NHW lines. �f E�° 2 9 2�jZ j • Delineate the vegetated buffer landward from the normal pool elevation of im n e a f structures, the banks of streams or rivers, and the MHW (or NHW) of tidal wa Lr3 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 elevations. I. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). 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.) a 10. A copy of the most current property deed. Deed book: 5,6A'J Page No: 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item Ia, 2a, and/or 3a per 15A NCAC 21-1.1003(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.secretaEy.state.nc.us/Corporations/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://portal.ncdenr.org/web/wg/ws/su/statesw/forms dots. 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: Consulting Firm: Mailing Address: Phone: State: Fax: ( I IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, coinplete this section) I, (print or hjpe name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or hjpe name of person listed in Contact Infornation, item 1a) with (print or hjpe name of organization listed in Contact Information, item la) to develop 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. IBC'!FIVE DEC 2 7 2012 Form SWU-101 Version 06Aug2012 Page 5 of 6 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 up to $25,000 per day, pursuant to NCGS 143-215.6. Signatu before me this Date: a Notary Public for the State of , County of do hereby certify that day of personally appeared and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Stephen Ohm, Member 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 15A NCAC 2H .1000 and any other applicable state stormwater requirements. Signature: Date: < � rua Notary Public for the Spate of /�/pA , CcAZJj,., , County of y r e"C"t i L do hereby certify that c� Fcyt . ✓' 0 h M personally appeared before me this 26ay of beG ti L, r , 20l2 , and acJ ngw)edge t�ue executWt of It a lication for a stormwater permit. Witness my hand and official SEAL "., I uum New Hanove. ^ my North Carolina My Commission Expires Jul 19. 2015 My commission expires fiEr FIVE DEC 2 7 2012 BY: Form SWU-101 Version 06Aug2012 Page 6 of 6 - � �-_ � ., �r 8 � n _ a U u NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 14, 2013 Mr. Stephen Ohm, Member Palay Investments, LLC 6123 Lydden Rd Wilmington, NC 28409 Subject: APPLICATION RETURN The Monkey Market New Hanover County Division of Water Quality Charles Wakild, P. E. Director John E. Skvarla, III Secretary Dear Mr. Ohm: On December 27, 2012, the Division received an incomplete State Stormwater Manag menu ation for the project listed above. The application and check number 1016, in the amount of $505 ar ing turned because the application package lacked the necessary elements to accept it for review. Please r 'de following information upon the next submittal of this application package: (� 1. Seasonal High Water Table: This application had not yet been accepte ecauktthe required State soils test was scheduled for today. The soils test found the seasonal high wate ble (SHWT) to be -0.75ft higher than the expected SHWT, and therefore the bottom of the proposed in ation basin must be raised so that there is a 2ft clearance between the bottom of the baso and the SHWT. n your resubmittal please show the elevation of the existing grade at the boring, the de,to the SHWT and the resulting SHWT. 2. Purchase Agreement: Please provide a copy of Please visit DWQ's website at http://h2o.enr.state.nc.us/su/bmo 1 Please provide the requested information and return the package statutory permit review time begins upon receipt otikcomplete ap hesitate to call me at (910) 796-7331 or email me kt ke-ItMohnsi Engineer download the latest available forms. ess below. Note that the 90-day you have any questions, please do not .gov. GDS/kpj: S:\WQS\StormWatehPermits & Projects\Application Returns\2013 01 retum_app Monkey Market cc: Jody Bland, El, Norris & Tunstall Engineers, P.C. Wilmington Regional Office Stormwater File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 DENR Assistance: 1-877-623-6748 Internet: w .ncwaterouality.oro Nne orthCarofina Naturally An Equal Opportunity \ Amrmahve Action Employer DIVISION OF WATER QUALITY INFILTRATION SYSTEM INVESTIGATION NT #12095 Complete and email this form to Vincent. Lewis@ncmail.net. If there are more than 7 areas to be tested, attach a second sheet. Scheduled Site Visit Date: I��'f /�� Time: //6D Project Name: The Monkey Market County: New Hanover Street Address: 5111 Carolina Beach Road, Wilmington, NC 28412 Directions from the nearest intersection of two major roads: Approximately 0.63 miles NW from the intersection of South College Road (NC 132) and Carolina Beach Road (NC 421). The site will on the right on Carolina Beach Road. >1 acre being disturbed? ®YES ❑NO CAMA Major required? ❑YES ®NO Consultant Name: Phil Norris Phone: 910-287-5900 Consultant Firm Name: Norris & Tunstall Consulting Engineers, P.C. Bore Number 1 2 3 4 5 6 7 a Existing Ground Elevation b Proposed Bottom Elevation c Difference a minus b d Add 2 ft. Min. Bore Depth) e Hardpan Depth? Infiltration Rate OK? Approx. Elev. Of SHWT h Max. lowest bottom elev. G Comments Required Attachments: 1. Legible vicinity map. 2. Complete Soils Report. 3. PDF formatted site plan with the boring locations to be tested. Site plans should be emailed or hand -delivered only. Illegible faxed maps will not be accepted. All proposed infiltration areas and existing, active utility lines located within the proposed basin/trench must be marked and flagged. If these areas are not flagged, the Soils Scientist reserves the right to decline to do the investigation. If the proposed infiltration system will be located in an area of existing pavement and there is no open area nearby, equipment capable of breaking through the impervious layer must be provided. The soils investigation does not take the place of a soils report prepared by an appropriate professional. The Soils Scientist will only verify the soil conditions that are reported in the Soils Report, and make a determination as to the suitability of the site to meet the infiltration design requirements under NCAC 2H.1000, and assumes no liability should the system fail. S:\WQS\STORMWATER\FORMS\infiltration site visit.for Revised 8.07 Everrttr Ct. SpDt Pine 2538 �D 3 P i vagr y 2361 2363 .2574e� ,p �2575,s i 57 woods � 4 „ 2573 fdce 132 1698 421 it�`y fl BR(� 4 9 SITE Ld J v 1708 at Rd, ri 1700 4a 42l 1251 132 1242 2501 1720 VICINITY MAP NO SCALE 5 9e a�x� a 5 a p�I r A �pp s A vx y a Will His ,x aY1 ✓ 1� ® ^ 1 .� Ag AI;f 4. AA pr \ oil Ring 47 p MR n Bsa D zg�g$t' \ \ w 0 o>a..mm�w.0 ^ EiC NORRIS&TUNSTALL FOW"I.DEVEioaER GRADING, DRAINAGE AND EROSION CONSULTING ENGINEERS, INC. M CONTROL PLAN wv< (vol w-em DRIVE THEN CONVENIENT MART w-ewe 5111 CAROLINA BEACH ROAD wW�'"' ii•• !9eei WRMINGTCN.N. C. 4�LMG LAND MANAGEMENT GROUP iNc. Environmental Consultants ' December 17 , 2012 Phil Norris Norris & Tunstall Consulting Engineers, P.C. 1429 Ash Little River Road Ash, NC 28420 Reference: Soil Assessment for Proposed Storm Water BMP for the Drive-Thru Mart, Carolina Beach Road, Wilmington, NC Dear Phil, Land Management Group, Inc. evaluated the parcel for the purpose of providing site data to the engineer for his submittal of the proposed storm water BMP for the proposed business. The purpose of the evaluation was to describe the soil profiles, quantify the depth to the seasonal high water table, estimate permeability and to inform the project engineer of any potential limitations of this project within the proposed stormwater retention areas The soils at this site are mapped as Lynn Haven and Seagate in the Soil Survey of New Hanover County (USDA, 1982). Soil borings confirmed the soil to be Stallings type. The cleared site contains natural soils, with exception of the driveway, and borings were made within the proposed BMP location of the property as shown in Appendix A. The soil profile descriptions are shown in Appendix B. Soil descriptions for Lynn Haven and Stallings are shown in Appendix C. The seasonal high water table found in most soils is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. In the same way, there can be modern drainage features such as canals or ditches that have altered the hydrologic profile. Often, observed redoximorphic features are relicts of previous hydrologic conditions but not current ones. The drainage outlet for this site has been lowered significantly due to the drainage swales along side of Highway 421. Soil permeability is estimated based on soil physical properties. The following are estimates of the soils at the boring location. The site has an estimated permeability of 1.0 - 3.0 inches per hour in the lower sandy loam BT horizon at a depth of 39 inches below surface. In summary, this site has one area that is proposed for stormwater system placement. This area has soils that have seasonal high water tables that are 32" from the soil surface in the two locations. If the proposed Permanent Pool Elevation is more than 6" below the seasonal high water table elevation, then additional testing and analysis may be required to quantify any affect on adjacent wetlands, surface waters, and/or buffers where applicable. Please refer to the NC DENR DWQ February 19, 2009 Memo Article 2 subsections a-d for further guidance. Please do not hesitate to contact me if you have any questions with this report or if you wish for LMG to perform any additional site specific studies in accordance with the NC DENR DWQ guidance memo. If you have any questions about this report or need any additional information 1 may be reached at 910-452-0001, 910-620-1 137 or at eturnern,lmeroup.net . Sincerely, G. Craig Turner Vice President Land Management Group, Inc P.O. Box 2522 Wilmington, NC 28402 910-452-0001: Office 910-452-0060: FAX 910-620-1137: Cell cturner@ Imgroup.net N.C. Licensed Soil Scientist, #1091 S.0 Certification Number 57 oAzP.1 w R . Rc n SOY Map pr} TI uMart) wry 1-7 BW1 12-15 10YR 5/3 loamy sand single -grained sticky plastic 4.0-6.0 1 BW2 15-23 10YR 614 loamy sand sin le- rained non-stick non -plastic 4.0-6.0 few' loamy 1 BT7 23-38 10 YR 614 common, sand/sandy weak, fine non -sticky non -plastic 2.0.3.0 fine, subangular blocky S/6 loam few, 1 BT2 38-44 10YR 5/6 common, sandy loam weak, fine slightly sticky slightly plastic 2.43.0 fine, 10YR subangular blocky 5/2 1 BC 44-48 tOYR 5/4, 5/8/ loamy single -grained non -sticky non -plastic 6.0.10,0 712 sand/sand 1 C 48-72 10YR 8/1 sand single -grained non-stick non -plastic 6.0.10,0 Physical Water: >72" on 09-26-2012 SHW7: a 45"below ground surface 2 A 0-3 10Y 4/3 7/1 loamy sand single -grained non -slick non -plastic 2 E 3-12 10YR 8/1 613 loamy sand sin le- reined non -sticky non- lastic 2 BW1 12-15 10YR 513 loamy sand sin rained sticky plastic 4.0-6.0 2 BW2 15-23 10YR 614 loamy sand sin le- rained non-stick non -plastic 4.0-6.0 few, 2 BT1 23-38 10 YR 614 common' loamy sandisandy weak, fine non -sticky non -plastic 2 P3.0 fine, 10YR loam subangular blocky 516 few, 2 BT2 38-44 10YR 516 common, sandy loam 1'�eak, fine slightly sticky slightly plastic 2.0-3.0 fine, 10YR subangular blocky 5/2 2 BC qq-qg tOYR 5/4.5/8/ loamy loamy single-grained non -sticky non -plastic 6.0.10.0 7/ satl 2 C1 10YR 811 loamy single -grained non -sticky non -plastic 6.0.10.0 .48-67 sand/sand 2.5 YR 713, 2 C2 67-72 T5YR sand single -grained non -sticky non -plastic 6.0.10.0 516, 10YR 81 Physical Water. >72' on 09-26-2012 SHWT: @ 45" below ground surface Johnson, Kelly From: Jody Bland 0bland@ntengineers.com] Sent: Monday, January 14, 2013 3:41 PM To: Johnson, Kelly Cc: 'Phil Norris' Subject: RE: The Monkey Market (NT 12095) I think what I did since there were 2 bores in the soils report was assume an average elevation of 21 -j 21'- 2.667'=18.33' SHWT Thanks, Jody Bland, E.I. Norris & Tunstall Consulting Engineers, P.C. Brunswick Office - 9io-287-9900 Wilmington Office - 910-343-9653 Mobile - 910-512-8148 It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (910-287-5900) or reply to this e-mail and delete all copies of this message. From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: Monday, January 14, 2013 3:19 PM To: Jody Bland Subject: RE: The Monkey Market (NT 12095) The table I emailed was stapled in the soils report I got with Monkey Market as the first page of Appendix B. It sounds like it was attached in error though because I now see the 32" on page 2 as you described. Wow. What a mess. I am glad it worked out though. Can you send me the existing grade for the 32" water table, and then we will accept it & you all can work with the person assigned to this to work through whatever else needs to be done? Thanks, Kelly From: Jody Bland[mailto:jblandCcbntengineers.com] Sent: Monday, January 14, 2013 3:10 PM To: Johnson, Kelly Subject: RE: The Monkey Market (NT 12095) Attached is the soils report for Monkey Market it states on pg 2 first paragraph second sentence that the SHWT is 32...... I know we have another project (Dollar General- N. College & Long Ridge Dr.) that has a reported SHWT of 45" that we met Vince out on before Christmas, maybe the reports have been switched? IDK? See attached... Thanks, Jody Bland, E.I. Norris & Tunstall Consulting Engineers, P.C. Brunswick Office - 910-287-5900 Wilmington Office - 910-343-9653 Mobile - 910-512-8148 It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the parry receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (910-287-5900) or reply to this e-mail and delete all copies of this message. From: Johnson, Kelly[maiito:kelly.p.johnson(alncdenr.gov] Sent: Monday, January 14, 2013 2:59 PM To: Jody Bland Cc: 'Phil Norris'; 'Nancy Howell' Subject: RE: The Monkey Market (NT 12095) Then I am confused, and Vince has left until Wednesday. The table in the soils report that I received shows 45". (1 have attached both that table and Vince's report.) He told me that he found 36" and that you all were expecting 45". It sounds like from what is written below that Phil also thought Vince found the SHWT to be at 36"? But, Vince did put the 36" value in the line on the report that shows "max lowest bottom elev", which is right below the SHWT elevation. I don't know the existing grade for the borings to know how to line these up. So, what do you all want to do? Do you want me to hold this until Wed, or go ahead and return it? From: Jody Bland [mailto:jblandOntengineers.com] Sent: Monday, January 14, 2013 2:34 PM To: Johnson, Kelly Cc: 'Phil Norris'; 'Nancy Howell' Subject: RE: The Monkey Market (NT 12095) Hi Kelly, Phil just came in from his meeting with Vince earlier today. I think you guys have it backwards. Phil indicated that the soils report identified the SHWT @ 32". During Phil & Vince's meeting it was confirmed to be deeper @ 36" or 0.33' lower than reported in the soils report. Thanks, Jody Bland, E.I. Norris & Tunstall Consulting Engineers, P.C. Brunswick Office - 910-287-5900 Wilmington Office - 910-343-9653 Mobile - 910-512-8r48 It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (910-287-5900) or reply to this e-mail and delete all copies of this message. From6 Johnson, Kelly [mailto:kelly.p.johnson(&ncdenr.govl Sent: Monday, January 14, 2013 2:17 PM To: Jody Bland Cc: 'Phil Norris'; 'Nancy Howell' Subject: RE: The Monkey Market (NT 12095) Jody, Vince:just gave me the site report. I understand that the SHWT was higher than expected. Please see the attached letter. KJ From: Jody Bland[mailto:jbland(@ntengineers.comj Sent: Monday, January 07, 2013 8:52 AM To: Lewis, Vincent; Johnson, Kelly Cc: 'Phil Norris'; 'Nancy Howell' Subject: FW: The Monkey Market (NT 12095) Hi Mr. Lewis, Sorry for the confusion. It appears that Nancy inadvertently sent it to the wrong email address. Nancy, Please update Mr. Lewis' contact information. Thanks, Jody Bland, E.I. Norris & Tunstall Consulting Engineers, P.C. Brunswick Office - 910-267-5900 Wilmington Office - 910-343-9653 Mobile - 910-5ia-8i48 It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used,by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (910-287-5900) or reply to this e-mail and delete all copies of this message. From: Nancy Howell[mailto:nhowell(cbntengineers.coml Sent: Friday, January 04, 2013 9:22 AM To: vincent.lewis(c ncdenr.gov Cc: 'Johnson, Kelly'; Jbland(o)ntengineers.com; pnorrisPntengineers.com Subject: FW: The Monkey Market (NT 12095) Mr. Lewis, Please see the attached request. Nancy Please note my new email address is nhowell@ntenaineers.com Nancy E. Howell Brunswick Office Manager nhowell@nteneineers.com 910-287-5900 Norris & Tunstall Consulting Engineers, P.C. 1429 Ash Little River Road Ash, NC 28420 It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Nancy Howell[maiito:nhowellantengineers.com] Sent: Tuesday, December 18, 2012 5:27 PM To: 'vincent.lewis@ncdenr.gov' Subject: The Monkey Market (NT 12095) Mr. Lewis, We are requesting a infiltration system investigation for the above subject project. Attached are the investigation form, the vicinity map, Soils report, and pdf of the site plan. Please let us know if you need any additional information. Nancy Please note my new email address is nhowell(dntengineers.com Nancy E. Howell Brunswick Office Manager nhowell@nteneineers.com 910-287-5900 Norris & Tunstall Consulting Engineers, P.C. 1429 Ash Little River Road Ash, NC 28420 Please note that our offices will be closed from December 24th through January 1st for the Holiday Season. It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. in transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. No virus found in this message. Checked by AVG - www.avp.com Version: 2013.0.2805 / Virus Database: 2637/6009 - Release Date: 01/04/13 No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.2890 / Virus Database: 2638/6032 - Release Date: 01/14/13 No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.2890 / Virus Database: 2638/6032 - Release Date: 01/14/13 No virus found in this message. Checked by AVG - www.aviz.com Version: 2013.0.2890 / Virus Database: 2638/6032 - Release Date: 01/14/13 Johnson, Kelly From: Johnson, Kelly Sent: Friday, January 04, 2013 9:09 AM To: 'Phil Norris' Cc: ' 'Jody Bland'; Lewis, Vincent Subject: RE: Monkey Market Phil, I talked to Vince this morning, and he has not received a soil visit request for this? Please get with him to set one up. Also, in the future, please get with Vince to get the site visit prior to submitting the application. The application isn't accepted until we get that report, so there isn't any gain in terms of the submittal date by setting up the site visit after the package is submitted. Technically, I am supposed to send back applications that don't have his report when they arrive. I try to work with people on that, but it has become more difficult lately. As for the rest of the items, I will leave the notes on file and if the reviewer needs to follow up they will. Thanks, KJ From: Phil Norris[mailto:pnorris(a)ntengineers.coml Sent: Thursday, January 03, 2013 2:13 PM To: Johnson, Kelly Cc: 'Jody Bland'; Lewis, Vincent Subject: RE: Monkey Market Kelly, In response to your questions, we offer the following response: 1) Soils: a. A request was sent to Vince Lewis on December 18, 2012. b. The soils report indicates between 1-3 in/hr. Calculations use y: of the reported rate for 1.5 in/hr to infiltrate the 10 year storm. c. Based on the two soil boring locations an average grade elevation was assumed to be elevation 21. Based on the assumption the SHWT equates to 21'-2.67'=18.33' 2) Applicant: a. The applicant is the purchaser of the property. b. We cannot answer this questions but the reports have been filed with the Secretary of the State there doesn't appear to be an issue with them on the website. Should you have any further questions, please advise. Phil Norris Please note my new address is pnorris(d)ntenaineers.com J. Phillip Norris, P.E. Norris & Tunstall Consulting Engineers, P.C. 1429 Ash Little River Road Ash, NC 28420 910-287-5900 (phone) 910-287-5902 (fax) It is the professional opinion of Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic information provides design information current as of the date of its release. It shall be the responsibility of the party receiving the data to examine it to see that it contains the necessary files and information requested. In transferring the files in electronic media format, Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Norris & Tunstall Consulting Engineers, P.C. and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data. From: Johnson, Kelly[mailto:kelly.p.iohnson(dncdenr.gov] Sent: Friday, December 28, 2012 9:43 AM To: Phil Norris Subject: Monkey Market Phil, We received this application, and I have a couple of questions for you: 1.) Soils: a. Has Vince been out to the site? If not, please contact him for his site visit at 910.796.7378. b. Infil Rate: The soils report cover says that the rate is 1-3 in/hr, but the supplement says 3in/hr? c. Elevations: The soils report provides the depths to the SHWT from existing grades, but does not show the elevation of existing grades. Please provide the existing grade elevations for the borings. 2.) Applicant: a. Applicant: Is the applicant the owner, lessee, purchaser or developer? There is foreclosure paperwork in the package, but I don't know how this relates to the applicant listed? Please see Section III(1)(c). b. Sec of State: The Secretary of State shows that the LLC is member -managed but it lists managers of the organization. Why is that? That is unusual. Thanks, Kelly *** My email has changed to kellv.o.iohnsonCdncdenr.gov ICCI I I�01�I&SOIA, Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, INC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be disclosed to third parties. No virus found in this message. Checked by AVG - www.aviz.com Version: 2012.0.2221 / Virus Database: 2637/5495 - Release Date: 12/29/12 Complet�er�/ ss Review Checklist Project Name: � y �O�kEM f ' /R-Q t -7 Received Date: dl C Project Location: CAJtS E -YLAA Accepted Date: Lj CZA Rule(s) 13To08 Coastal 1-11995 Coastal Phase II (WiRO) Universal 1:11988 Coastal (Type of Permit: ew or Mod or PR (Existing Permit # (Mod or PR): MPE Cert on File? Density: OD or LD Type: Conimerctal or Residential uNCG: %: (%OK?) Stream Class: C •)SI.J MSA Map MOffsite to SW8 Subdivided?: S6clivisN or Single Lot I MORW Mao nExemot Paperwork Emailed Engineer on: 118,applement(s) (1 original per BMP) BMP Type(s): 19b DO&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures R��t�M� �YJota(1�4i(�( 4.. Corp or LLC: Sig. Auth. per SoS or I� etter ��os`o,.' Note to Reviewer $505 (within 6mo) � I� ( aQUCF1M C LJ"oils Report with SHWT a Esc cNinCC �N 0 n alculations (signed/sealed) 5 -� �c 5yP-X Srovv F1No obvious errors ttSfS0� nn-nsity includes common areas, etc Restrictions, if su & Notarized V >041 1 -22; Plans M2 Sets Grading Vicinity Map Legend O irc( '41/ 0 wtiyy 31y%k cmSeQP t Cwfdt \etle(> �,t�S 1- Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Wetlands: Delineated or No Wetlands Layout (proposed BUA dimensions) �DA Maps Project Boundaries . ,y\cmov d ho+ QX 44�4 �cxc,v-�)s SoAS MJkWt ly Infiltration �a Wet Pond offsite ^q� Q Soils Report \ °Q Soils Report MPE Cert for Master Lot #: SHWT: (6.33 �SHWT: Deed Rest for Master Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) 1127 Floral Parkway Suite 400 Wilmington, NC 28403 (910) 343-9653 (910) 343-9604 Fax John S. Tunstall, PE December21, 2012 Ms. Jo Casmer Norris & Tunstall Consulting Engineers, P.C. NC DENR / Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Submittal The Monkey Market New Hanover County, NC ' N&T Project No. 12095 Dear Ms. Casmer: 1429 Ash -Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Norris, P.E. Enclosed are two (2) sets of plans for the above referenced project, which include the drainage area plans, one (1) set of calculations, one (1) copy of the stormwater narrative, one (1) USGS map, one (1) copy of the soils / infiltration system report, one (1) copy of the deed, one (1) copy of the Articles of Organization, the original Division of Water Quality Stormwater Management Permit application, the original SW-401 Infiltration Basin Supplement form, the original Infiltration Basin Operation and Maintenance Agreement and a $505.00 check for the permit review fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. J. hilli Norris, P. P PN/neh 12095 12-21-12-s-sw-ftr Enclosures cc: Stephen Ohm / Palay Investments, LLC DEC 2 7 2011 8 NCBELS License C-3641 STORMWATER SYSTEM & EROSION CONTROL NARRATIVE The Monkey Market New Hanover County, North Carolina For Palay Investments, LLC 6123 Lydden Road Wilmington, NC 28409 (336) 260-1603 December 2012 Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 1127 Floral Parkway, Suite 400 Wilmington, North Carolina 28403 (910) 343-9653 (910) 343-9604 (Fax) License # C-3641 N&T Project No. 12095 r 1�IVE' DEC 2 7 2012 BY NARRATIVE DESCRIPTION: The project site is a 1.65 acre tract located in New Hanover County, North Carolina. The soils of the site consist of fine sandy soils and grades ranging from 0% to 2%. Approximately 1.11 acres will be graded to allow construction of a drive thru convenience store with paved parking and paved access. The runoff from the site is estimated using the SCS peak discharge method 10-year design storm and rainfall data for the area. Construction is scheduled to begin as soon as all permits and approvals are obtained. The project consists of a drive thru convenience store and paved parking and access. Approximately 1.11 acres will be disturbed and 0.34 acres (21t%) will be covered by impervious surfaces. EROSION CONTROL MEASURES: The attached plans and specifications outline the requirements for erosion control measures. Silt fencing will be provided along the perimeter and at each side of the entrance drive where stormwater would be expected to sheet flow from disturbed areas directly to adjacent property. Gravel check dams will not be provided unless the Contractor has to temporarily discharge into an open ditch instead of the proposed storm drain outfall. A gravel construction entrance will be constructed at the entrance. Maintenance will be provided by the grading contractor and developer. STORMWATER MANAGEMENT MEASURES: The project site is located in New Hanover County. Land disturbing on the site will exceed one acre, which requires the site to comply with the County and State Regulations. The stormwater runoff from the development will be directed to the infiltration basin. The stormwater detention pond was designed to accommodate this site at 20.6% impervious area lot coverage. CONSTRUCTION SEQUENCE: The Contractor will install the gravel construction entrance and silt fence prior to beginning any clearing and grading operations. Additional silt fence will be installed when and if conditions warrant during construction. Disturbed areas will be landscaped or seeded upon completion. EROSION CONTROL NOTES AND MAINTENANCE PLAN 1. All erosion and sediment control measures will be checked for stability and operation following every runoff -producing rainfall, but in no case, less than once every week and within 24 hours of every half -inch rainfall. 2. All points of egress will have construction entrances that will be periodically top - dressed with an additional 2 inches of #4 stone to maintain proper depth. They will be maintained in a condition to prevent mud or sediment from leaving the site. Immediately remove objectionable material spilled washed or tracked onto the construction entrance or roadways. 3. Diversion ditches will be cleaned out immediately to remove sediment or obstructions from the flow area. The diversion ridges will also be repaired. Swales must be temporarily stabilized within 21 calendar days of cease of any phase of activity associated with a swale. 4. Sediment will be removed from behind the sediment fence when it becomes half filled. The sediment fence will be repaired as necessary to maintain a barrier. Stakes must be steel. Stake spacing will be 6 feet max. with the use of extra strength fabric, without wire backing. Stake spacing will be 8 feet max. when standard strength fabric and wire backing are used. If rock filters are designed at low points in the sediment fence, the rock will be repaired or replaced if it becomes half -full of sediment, no longer drains as designed or is damaged. Land Quality Requires: 5. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. All slopes will be stabilized within 21 calendar days. All other areas will be stabilized within 15 working days. Water Quality Requires: 6. All seeded areas will be fertilized, reseeded as necessary and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. All perimeter dikes, swales, ditches, perimeter slopes, all slopes steeper than 3' horizontal to 1' vertical (3:1) and all high quality water (HQW) zones shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within seven (7) calendar days from the last land -disturbing activity. All other disturbed areas shall be provided temporary or permanent stabilization with ground cover as soon as practicable but in any event within fourteen (14) calendar days from the last land -disturbing activity. 7. Flocculants will be used to address turbidity issues. The pumps, tanks, hoses and inject systems will be checked for problems or turbid discharges daily. 8. Refer to new NPDES rules regarding basin outlet structures and skimmers shall withdraw water from the surface. SECTION 02920 SOIL EROSION AND SEDIMENTATION CONTROL 1. GENERAL 1.1 Contractor shall take every reasonable precaution throughout construction to prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments, ground surfaces, or other property as required by State and Local regulations. 1.2 The Contractor shall install all required silt fences, and construction entrances at the initiation of work, and have these measures reviewed and approved by the local permit authority prior to clearing and grading operations. 1.3 The Contractor shall, within 21 days of suspension or completion of land disturbing activities, provide permanent protective covering for disturbed areas. Temporary and permanent erosion control measures shall be coordinated to assure economical, effective, and continuous erosion and siltation control throughout the construction and post -construction period. Use the specked seed for both temporary and permanent seeding. 2. PRODUCTS 2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion. 2.2 Fertilizer shall be 10-10-10 grade or equivalent. 2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10 percent magnesium oxide. 2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other suitable material free of undesirable weed seed. 2.5 Phosphate shall be 20 percent superphosphate or equivalent. 2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm weather planting and unhulled for cool weather planting. Purity of seed shall be a minimum of 98 percent and germination shall be a minimum of 85 percent. 2.7 Silt fence shall consist of NCDOT Class A fabric supported by metal posts spaced not more than 6 feet on center. The bottom of the fabric shall be buried a minimum of 6 inches. 2.8 Gravel for check dams shall be #57 washed stone. 2.9 Aggregate for construction entrance shall be #4 washed stone. 2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B as shown. 3. EXECUTION 3.1 General: Take every practicable measure during construction or suspension to work to minimize erosion and siltation. Measures should include good construction practices, temporary physical barriers to sediment travel, settling basins for new ditches, and establishment of vegetative cover. 3.2 Construction Practices 3.2.1 Avoid dumping soil or sediment into any wetland or watercourse. 3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural watercourse and trenching and grading operations. 3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable. 3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise shown or directed. 3.3 Temporary Physical Barriers are required where sedimentation on offsite property or excessive erosion is a problem. 3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive erosion and for protection of seedbeds after planting where required. 1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1,000 square feet and wood chips at a rate of 500 pounds per 1,000 square feet. Jute and mesh should be installed as per manufacturer's instructions. 2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000 gallons per acre. Asphalt emulsion used for anchoring straw should be applied at a rate of 150 gallons per ton of straw. 3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment from the site. Clean silt fence of accumulated sediment after each rainfall event or when it exceeds a depth of 0.5 feet above natural grade. 3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall consist of Class A or Class B erosion control stone at minimum two feet high and three feet thick across the watercourse, with a one foot thick layer of gravel on upstream side. Remove sediment if accumulated to a depth of 1.0 feet at upstream face. 3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all unpaved areas disturbed by the work. 3.4.1 Preparation of Seedbed: Areas to be seeded shall bey scarfed to a depth of 4 inches and until a firm, well pulverized, uniform seedbed is prepared. Lime, phosphorous and fertilizer shall be applied during the scarification process in accordance with the following rates: Lime: 45 pounds per 1000 square feet Phosphorous: 20 pounds per 1,000 square feet Fertilizer: 17 pounds per 1000 square feet 3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square feet of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4 inch. Regrade and seed eroded areas immediately 3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as specified hereinbefore. Reapply as necessary to retain cover until grass is established. 3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by 6 inches thick at each entrance to the site used by construction vehicles, until such time as the permanent roadway is constructed. Remove soil if accumulated to a depth greater than 0.5 inches. 3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all temporary and permanent erosion control measures. Temporary structures shall be maintained until such time as vegetation is firmly established in the area protected by the structure. Permanent streambank protection and grassed areas shall be maintained until completion of the project. Areas that fail to show a suitable stand of grass or which are damaged by erosion shall be immediately repaired. END OF SECTION PALAY INVESTMENTS O 6 6013 STEWART BEND RD GIBSONVILLE, NC 27249-8743 66-1121531 1a as �,c�i NC n �1V� �rAY� Ce�1 F1Jt..'' C4nC\ Ci0 1�>r7 030E.' "CH BANKING AND TRUST COMPANY (�a 11- -BANK BST BBT.Com ': 0 5 3 10 b 1 2 b ------ T� Of WATF9 Date: /- 7 Z - 43 Project Nome: Project No: -:5L-7F/3,j/// County: The Wilmington Regional Office of the Division of Water Quality received your Stormwater Permit Application 6 $505 fee on Your project will be reviewed within 75 days of receipt 4 you will be notified if additional information is needed. Pleas¢ be advised that the construction of built -upon area may not commence until the Stormwater Permit is issued. If you have any questions please contact any member of the Stormwater review staff in the Wilmington Regional Office at (910) 796-7215. 7o Casmer Administrative Assistant 0 1000 2000 3000 FEET 3 Ji 4 :� Prepared by: Mail After Recording to: Brief Description for the Index: 1111111111111 2010033633 FDR REGISTPRTION REGISTER OF DEEDS IS MrNNNHAWVEP CODNTTNC 2010 MY 23 S.SB:44 0 BK.5521 pG•.1agwj9 FEEV7.00 109 1 V190 James R. Prevane, Jr., (sb) Parcel ID # &&I Im- -0jr7 -� PREVATTE & PREVATTE, PLLC J/ P. O. Box 10969, Southport, NC 29461 5111 Carolina Beach Road, Wilmington, NC 29412 NOTICE OF FORECLOSURE OF A DEED OF TRUST NEW HANOVER COUNTY, NORTH CAROLINA N.C.G.S.45-38 THIS INSTRUMENT, made this the 3rd day of November, 2010, Jessie G. Yates, III and Kenneth W. Mabe, Security Savings Bank, Melissa L. Yates Trustee Beneficiary Grantors The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. The undersigned Substitute Trustee hereby files this Notice of Foreclosure on that debt or other obligation in the original amount of $1,400,000.00 secured by the Deed of Trust executed by JESSIE G. YATES, III AND MELISSA L. YATES, Grantors, KENNETH W. MABE, Trustee and SECURITY SAVINGS BANK, Beneficiary dated FEBRUARY 20, 2008, and recorded on FEBRUARY 20, 2008 in Book 5280 at pages 2887-2894 of the New Hanover County Public Registry pursuant to the provisions of G.S. 45-38. Said Deed of Trust was foreclosed,on OCTOBER 22, 2010, and the lands conveyed thereby to SECURITY SAVINGS BANK by Substitute Trustee's Deed recorded on '2010. The Substitution of Trustee for the Deed of Trust was recorded in Book 5499 at page 383-386 on JULY 22, 2010. EOPOVE DEC 272012 BY: r:4 IN WITNESS WHEREOF, the Substitute Trustee has set his ] written. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK and year first above Jr., Substitute Trustee 1, MARY E. DAVIS, a Notary Public of Brunswick County, North Carolina, do hereby certify that JAMES R. PREVATTE, JR., Substitute Trustee, personally appeared before me this day and acknowledged the execution of the foregoing notice o oreclosurc. )) Witness my hand and notarial seal this the—d day of OPi=" At k , 2010. My Commission Expires JULY 07, 2012 Mary E. Davis, Notary Public � ��' � DAN18 B ry c , NC '. 0j NTY. �� SH' JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 •fNttMttffttNftf ttf ff f11 fN111NfN1fNf RNf1..N........NN......NINNtt.N.NON...Nf f1NN.NIN1N1Nt Filed For Registration: 1112312010 09:58:44 AM Book: RE 5527 Page: 1891-1893 Document No.: 2010033633 3 PGS $17.00 Recorder: CARTER, CAROLYN State of North Carolina, County of Now Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2010033633* 2010033633 THIS INSTRUMENT PREPARED BY: Security Savings Bank PO Box 10069 Southport, NC 28461 LOAN NUMBER: C-08-02-000097 I 00800NOW,, FOR REGI&TRRTION REGrSTER OF DEEDS NENRHRNOVERPCONNT" R YOOB ", " 03 54 31 NC PM BK:52@0 PG: V7_; FEE: $31. 0p 16T 120/7143 AFTER RECORDING RETURN TO: Security Savings Bank PO Box 10069 Southport, NC 29461 (Space Above This Line For Recording Data) COMMERCM L REAL ESTATE DEED OF TRUST COMMERCIA1. MAL ESTATE DEED OF TRUST ("Security Instrument") is made on February 20, 2008 raj �ose address is 5146 Old Hwy 41, Wallace, North Carolina 28466 ; and Melissa L Yates, "` ���} bld Hwy 41, Wallace, North Carolina 28466 the grantor(s) ("Grantor"). The trustee is Kenneth W. Mahe whose address is 300 N Howe St, Southport, North Carolina 28461 , ("Trustee"). The beneficiary is Security Savings Bank whose address is PO Box 10069, Southport, North Carolina 29461 ("Lender"), which is organized and existing under the laws of the state of North Carolina. Grantor in consideration of loans extended by Lender up to a maximum principal amount of One Million Four Hundred Thousand and 001100 Dollars ($1,400,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following described property located in the County of New Hanover, State of North Carolina: Address: 5111 Carolina Beach Rd., Wilmington, North Carolina 29412 Legal Description: Exhibit A Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditament&, equipment, rents, income, profits and royalties, personal goods of whatever description and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above. described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in connection with the above -described real property, payment awards, amounts received from eminent domain, amounts received from any and all insurance payments, and timber which may now or later be located, situated, or affixed on and used in connection therewith (hereinafter called the "Property"). RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. emo imovdghcmV."a&ram. 1� 3WAXPs-]oos.min Samar Iwhunm • OIMr7 Pye 1 d6 raD96rJ.113 . Fa 6149361r6r hLi NriI " ll�t)�j\� �y� r,� , — rc.:J� tzW� � The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same force and effect as if fully set forth herein. INDEBTEDNESS. Ibis Security Inatni ent secures the principal amount shown above as may be evidenced by a promissory note or notes of even, prior or subsequent date hereto, including future advances and every other indebtedness of any and every kind now or hereafter owing from Grantor to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). This Security instrument is given wholly or partly to secure future obligations that may be secured hereunder. MATURITY DATE. The Indebtedness, if not paid earlier, shall be due and payable on February 20, 2013. FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if such advances were made on the date of this Security instrument, regardless of the fact that from time to time there may be no balance due under the note and regardless of whether the Lender is obligated to make such future advances. CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collaternlize all of its indebtedness and obligations to the Lender, howsoever arising and whensoever incurred. WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, warrants, covenants and agrees with Lender, its successors and assigns, as follows; Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this Security Instrument and Related Documents in accordance with the terms contained therein. Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the Property. Grantor covenants that the Property is unencumbered and free of all lima, except for encumbrances of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally the title to the Property against any and all claims and demands whatsoever, subject to the easements, restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of exceptions to coverage in any abstract of title or tick insurance policy insuring Lender's interest in the Property. Condition of Property. The Grantor promises at all times to preserve and to maintain the Property and every part thereof in good repair, working order, and condition and will from time to time, make all needful and proper repairs so that the value of the Property shall not in any way be impaired. Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its present location, except for replacement, maintenance and relocation in the ordinary course of business. Alterations to the Property. Grantor promises to abstain from the commission of any waste on the Property. Further, Grantor shall make no material alterations, additions or improvements of any type whatever to the Property, regardless of whether such alterations, additions or improvements would increase the value of the Property, nor permit anyone to do so except for tenant improvements and completion of items pursuant to approved plans and specifications, without Lender's prior written consent, which consent may be widdwld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all public authorities having jurisdiction over the premises relating to the use, occupancy and maintenance thereof and shall upon request promptly submit to Lender evidence of such compliance. Due on Sale - Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of, except as herein provided, any or all of its interest in any part of or all of the Property without first obtaining the written consent of Lender. if any encumbrance, lien, transfer or sale or agreement for these is crested, Lender may declare immediately due and payable, the entire balance of the Indebtedness. 0200&2"Cggftk CMWV *NM-MWa 20 1I.I82 on...cuWimaMesoa'a CamnvcilaalYMeaaviry lvticuvzl-IaA00'1 PW2of6 t00.%r-tl23-Fa 615a161PW Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if requested by Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Leader's approval, which shall not be unreasonably withheld All insurance policies most provide that Lender will get a minimum of 10 days notice prior to cancellation At Lender's discretion, Grantor may be required to produce receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lender may do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to nuke payment of loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the damage or loss or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor. Payment of Taus and Other Applicable Charges. Grantor promises to pay and to discharge liens, encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied or assessed against Grantor or the Property. Environmental Laws and Hazardous or Toxic Materials. Grantor and every tenant have been, are presently and shall continue to be in strict compliance with any applicable local, state and federal environmental laws and regulations. Further, neither Grantor nor any tenant shall manufacture, store, handle, discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the Property, except to the extent the existence of such materials has been presently disclosed in writing to Lender. Grantor will immediately notify Lender in writing of any assertion or claim made by any party as to the possible violation of applicable state and federal environmental laws including the location of any hazardous or toxic materials on or about the Property. Grantor indemnifies and holds Lender harmless from any liability or expense of whatsoever nature incurred directly or indirectly as a result of Grantors violation of applicable local, state and federal environmental laws and regulations or Grantor's involvement with hazardous or toxic materials. Financial Wormation. Grantor agrees to supply Lender such financial and other information concerning its affairs and the status of any of its assets as Lender, from time to time, may reasonably request Grantor further agrees to permit Lender to verify accounts as well as to inspect, copy and to examine the books, records and files of Grantor. Lender's Right to Eater. The Lender or Lender's agents shall have the right and access to inspect the Property at all reasonable torus in order to attend to Lenders interests and ensure cor*liance with the terms of this Security Instrument. If the Property, or any part thereof, shall require inspection, repair or maintenance which the Grantor has failed to provide, the Lender, after reasonable notice, may enter upon the Property to effect such obligation; and the cost thereof shall be added to the Indebtedness and paid on the Lender's demand by the Grantor. ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the htdebtedneas and the performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all rem, income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Grantor is not in default, Grantor may receive, collect and enjoy all Rents accruing from Ore Property, but not more than one month in advance of the due date. Lender may also require Grantor, tenant and any other user of the Property to make payments of Rents directly to Lender. However, by receiving any such paymema, Lender is not, and shall not be considered, an agent for any party or entity. Any amounts collected may, at the Lender's sole discretion, be applied to protect the Lenders interest in the Property, including but not limited to the payment of taxes and insurance premiums and to the Indebtedness. At Lenders sole discretion, all leases, subleases and licenses must first be approved by Lender. CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any other action Further, Lender shall be permitted to participate or intervene in any of the above described proceedings in any marmer it shall at its sole discretion determine. Lender is hereby given full power, right and authority to e300-M COWS,* Co VW. S}A Inc. WA-CM-M 11.182 �w..amptimssy¢ao.00m Cwms,ch Sue 5avnrimnwe+-a1A6U1 pw 3 a6 W LM-Fa616mlw receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in its sole discretion, to apply said awards to the Indebtedness, whether or not then due or otherwise in accordance with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of such payments. GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantor will execute and deliver to the Lender, andif appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and rents, security agreements, pledges, financing statements, or such other document as Lender may require, in Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness, or the lien or security interest created by this Security Instrument. ATTORNEY -IN -FACT. Grantor appoints Lender as attorney -in -fact on behalf of Grantor. If Grantor fails to fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those obligations mentioned in the preceding paragraph, Lender as attorney -in -fat may fulfill the obligations without notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor. EVENTS OF DEFAULT. The following events shall constitute default under this Security Instrument (each an "Event of Default"): (a) Failure to make required payments when due under Indebtedness; (b) Faihtre to perform or keep any of the covenants of this Security Instrument or a default under any of the Related Documents; (c) The making of any oral or written statement or assertion to the Lender that is false or misleading in any material respect by Grantor or any person obligated on the Indebtedness; (d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person or entity obligated on the Indebtedness; (e) Any assignment by the Grantor for the benefit of the Grantor's creditors; (1) A material adverse change occurs in the financial condition, ownership or management of Grantor or any person obligated on the Indebtedness; or (g) The Lender deems itself insecure for any reason whatsoever. REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, without demand or notice, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance provided for herein, make such repairs, cause the abstracts of title or title insurance policy and tax histories of the Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none were furnished to it, and procure title reports covering the Property, including surveys. The amounts paid for any such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on the Indebtedness until paid In the event of foreclosure, the abstracts of title or title insurance shall become the property of the Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE EVENT THE LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE GRANTOR HEREBY WAIVES ANY RIGHT TO ANY NOTICE OTHER THAN THAT PROVIDED FOR SPECIFICALLY BY STATUTE, OR TO ANY JUDICIAL HEARING PRIOR TO SUCH SALE OR OTHER EXERCISE OF RIGHTS. Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option, declare the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof and, if permitted by state law, is authorized and empowered to sell or to cause the Property to be sold at public auction, and to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at law, pursuant to the statute in such case made and provided, and out of the proceeds of the sale to retain the suns then due hereunder and all costs and charges of the sale, including attorneys' fees, rendering any e]ORI-M CM?09 Cotes Syq l WA -CM - ZM. 11, W " .Cwvhwrayaa . Co...cW RWa .S=uM lM"wiml- DIAODt PW4a6 1pLL96f-8522-ra616A IM surphms to the party or parties entitled to it The recitals in the t wice's deed shall be prima facie evidence of the truth of the statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale pursuant to applicable law. Any such We or a sale made pursuant to a judgment or a decree for the foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this Mortgage in any maffier authorized by law shall be deemed as exercise of the above option. Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment and waives notice of any application therefor. NO WAIVER. No delay or failure of Lender to exercise any right remedy, power or privilege hereunder shall affect that right remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lenders right at any time, before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the Related Docurrients. SUBSTITUTE TRUSTEE. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by law. SURVIVAL. The Lender's rights in this Security Instrument will continue in its successors and assigns. This Security Instrument is binding on all heirs, executors, administrators, assigns and successors of the Grantor. NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand given by Lender to any party is considered effective when it is deposited in the United States Mail with the appropriate postage, mailed to the address of the party given at the beginning of this Security Instrument unless an alternative address has been provided to Lender in writing. To the extent permitted by law, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform Commercial Code, as enacted in the state where the Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of nonpayment presentment protest, notice of dishonor and any other notice. TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, JUDICIAL OR OTHERWISE, PRIOR TO THE LENDER EXERCISING ITS RIGHTS UNDER THIS SECURITY INSTRUMENT. WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to the extent permitted by law. LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any litigation because of the existence of the Indebtedness or ibis Security hnstnument as well as court costs, collection charges and reasonable attom eys' fees and disbursements. ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. e 2W4m cw,gbl CmyBme syreu, ivc. ]MN�6- lg16.11.1rr wv.smg6menynrm.can CPrnvciY ad aHY Sm."WYYIOW-1U 7 PW 5Pr6 rA M4M-Fa 616 1161 GOVERNING LAW AND AMMICTION. This Security Instrument will be governed by the laws of the State of North Carolina. SEVERABULXrY. If a court of competent jurisdiction determines any term or provision of this Security Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of the Security Instrument without invalidating the remainder of either the affected provision or this Security Instrument WAIVER OF JURY TRIAL. All parties to this Deed of Trust waive any right to trial by jury to the extent allowed by law. This jury trial waiver applies to any claims or disputes related or incidental to the relationship established between the parties to this Deed of Trust. ORAL AGREEMENTS DISCLAIMER This Security Instrument represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and and stood. Sin sealed by Grantor (a): Jes Yates, Ili Date Melissa L Yates Date Indi itially Individually Witnessed � Name: Date Name: Date INDIVIDUAL ACKNOWLEDGMENT STATE OF NORTH CAROLINA ) COUNTY OF NEW HANOVER ) III a ffiNNINAIM, do hereby certify that Jesse G Yates/Melissa L Yates; personally appeared before me this day and they acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this: 08, both being person Ily known to me. My commission expires: Sum A V\- A jai ce �� PN P. p �c C2 (Official Seal) Z • NOTARY •*• PUBLIC U= •2� y0�ER ''Illilll�\ e 200,.7006 C6py+yk CwVh. S„t®, ts],OA-CCa6-m006.11.10 v....nph yn . Ca6maailPslfi m SsutrFga6a6 !00'➢WI=.Fa6169r 3W EKMIT '*e All of Tract B in the Overton Division as the same is shown on map recorded in Map Book 35 at Page 33 in the New Hanover County Registry, and being the some lands described in deed recorded In Book 1938 at Page 874 in said Registry. /LINTY. �� y1r r v 1� 3 AitcIItl! REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 02120/2008 03:54:31 PM Book: RE 5280 Page: 2887-2804 Document No.: 2008007143 Orr 8 PGS $32.00 Recorder. JOHNSON, CAROLYN State of North Carolina, County of New Hanover DOCUMENT OF POOR (QUALITY YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2008007143* zooeoonaa North Carolina Secretary of State North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Date: 12/5/2012 Click here to: View Document Filings I File an Annual Report Print a Pre -populated Annual Report Fillable PDF Form I Amended A Previous Annual Report I Corporation Names Name Name Type NC PALAY INVESTMENTS LLC LEGAL Limited Liability Company Information SOSID: 1223368 Status: Current -Active Effective Date: 9/28/2011 Annual Report Due Date: 4/1512012 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: Office Address: Mailing Address: Principal Office Office Address: Mailing Address: Officers Title: Name: Business Address: Title: Name: Business Address: OHM,STEPHEN 6123 LYDDEN RD WILMINGTON NC 28409 6123 LYDDEN RD WILMINGTON NC 28409 6123 LYDDEN RD WILMINGTON NC 28409 6123 LYDDEN RD WILMINGTON NC 28409 MANAGER BRITTNI OHM 6123 LYDDEN RD WILMINGTON NC 28409 MANAGER STEPHEN PERRY OHM 6123 LYDDEN RD WILMINGTON NC 28409 FCF__0VE'P_ DEC 2 7 2012 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 3763 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=9842112 C201127100188 SOSID: 1223368 Date Filed: 9/28/20113:17:00 PM ` Elaine F. Marshall North Carolina Secretary of State State of North Carolina C201127100188 Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: PaLay Investments LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no dare for dissolution is specified, there shall be no limit on the duration of the limited liability company.) 3. The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer or both. Note: This document must be signed by all persons listed here). Bethany Benson - Organizer - 5668 E 61st Street Commerce, CA 90040 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 6013 Stewart Bend Rd City, State, Zip Code Gibsonville, NC 27249 County Guilford 5. The mailing address, if different from the street address, of the initial registered office is: 6. The name of the initial registered agent is: Stephen Ohm 7. Principal office information: (Select either a or b) a. 0 The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 6013 Stewart Bend Rd. City, State, Zip Code Gibsonville, NC County Guilford The mailing address, if different from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. C201127100188 S. Check one of the following: ✓ (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing, unless a date and/or time is specified: This is the 23rd day of September 2011 i Bethany Benson, Organizer Type or Print Name and Title NOTES: I. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-01) Instructions for Filing Date 14e Design \�V-e) Norris & Tunstall I Consulting Engineers, P.C. Wilmington NC Brunswick County: NC Sheet 170�f Check Job For Job No. lfi6 Mw WWAL '9(&-MvUATYL 7 1—j +1 is- ------------ L L Date , Design Norris & Tunstall Wilmington, NC She 1�otf�] 1211 I . J)4e, I Consulting Engineers,P.C. Brunswick County, NC 7et For M )20'95 1S Predevelopment Subcat Reach Aon Ink 2S Post Development 77 Infil Basin H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Type 1/124-hr 1 YR Rainfall=3.80" Prepared by Norris & Tunstall Consulting Engineers HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 12/18/2012 Time span=0.00-25.00 hrs, dt=0.05 hrs, 501 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment IS: Predevelopment Runoff Area=30,000 sf Runoff Depth=1.20" Tc=5.0 min CN=70 Runoff=0.92 cfs 0.069 of Subcatchment 2S: Post Development Runoff Area=30,000 sf Runoff Depth=2.28" Tc=5.0 min CN=85 Runoff=1.84 cfs 0.131 of Pond 1P: Infil Basin Peak Elev=20.68' Storage=1,924 cf Inflow=1.84 cfs 0.131 of Primary=0.24 cfs 0.131 of Secondary=0.00 cfs 0.000 of Outflow=0.24 cfs 0.131 of HAPROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Prepared by Norris & Tunstall Consulting Engineers HvdroCAD® 7.10 s/n 000479 @ 2005 HvdroCAD Software Type /// 24-hr 1 YR Rainfall=3.80" Subcatchment 1S: Predevelopment Runoff = 0.92 cfs @ 12.09 hrs, Volume= 0.069 af, Depth= 1.20" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-25.00 hrs, dt= 0.05 hrs Type III 24-hr 1 YR Rainfall=3.80" Area (sf) CN Description 30,000 70 Woods, Good, HSG C Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (fUsec) (cfs) 5.0 Direct Entry, Subcatchment 1S: Predevelopment Hydrograph Type III 24-hr 1 YR Rainfall=3.80rr Runoff Area=30,000 sf Runoff Volume=0.069 of Runoff Depth=1.20rr Tc=5.0 min CN=70 7 8 9 10 11 12 13 14 15 16 17 18 Time (hours) —Runoff H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Type/1/ 24-hr 1 YR Rainfall=3.80" Prepared by Norris & Tunstall Consulting Engineers u... i,, r 4ncn 7 1n cln nnn479 M 2005 HvdroCAD Software Solutions LLC 12/18/2012 Subcatchment 2S: Post Development Runoff = 1.84 cfs @ 12.08 hrs, Volume= 0.131 af, Depth= 2.28" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-25.00 hrs, dt= 0.05 hrs Type III 24-hr 1 YR Rainfall=3.80" Area (sf) CN Description 15,000 98 Paved parking & roofs 15,000 72 Woods/grass comb.,Good HSG C 30,000 85 Weighted Average Tc Length Slope Velocity Capacity Description 5.0 0 Direct Entry, Subcatchment 2S: Post Development Hydrograph Type III 24-hr 1 YR Rainfall=3.80" Runoff Area=30,000 sf Runoff Volume=0.131 of Runoff Depth=2.28" Tc=5.0 min CN=85 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Time (hours) Runoff H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Type l// 24-hr f YR Rainfall=3.80" Prepared by Norris & Tunstall Consulting Engineers HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 12/18/2012 Pond 1P: Infil Basin Inflow Area = 0.689 ac, Inflow Depth = 2.28" for 1 YR event Inflow = 1.84 cfs @ 12.08 hrs, Volume= 0.131 of Outflow = 0.24 cfs @ 12.66 hrs, Volume= 0.131 af, Atten= 87%, Lag= 35.1 min Primary = 0.24 cfs @ 12.66 hrs, Volume= 0.131 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-25.00 hrs, dt= 0.05 hrs Peak Elev= 20.68' @ 12.66 hrs Surf.Area= 6,998 sf Storage= 1,924 cf Plug -Flow detention time= 60.9 min calculated for 0.131 of (100% of inflow) Center -of -Mass det. time= 60.9 min ( 878.6 - 817.7 ) Volume Invert Avail.Storage Storage Description #1 20.40' 12,188 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 20.40 6,662 0 0 22.00 8,573 12,188 12,188 Device Routing Invert Outlet Devices #1 Primary 0.00' 1.500 in/hr Exfiltration over Surface area #2 Secondary 21.25' 14.0' long x 20.0' breadth Emergency Spillway Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=0.24 cfs @ 12.66 hrs HW=20.68' (Free Discharge) t1=Exfiltration (Exfiltration Controls 0.24 cfs) Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=20.40' (Free Discharge) 2=Emergency Spillway ( Controls 0.00 cfs) H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Prepared by Norris & Tunstall Consulting Engineers HydroCAD® 7.10 sln 000479 © 2005 HydroCAD Software Pond 1P: Infil Basin Hydrograph Type 11124-hr 1 YR Rainfall=3.80" Inflow Area=0.689 ac Peak Elev=20.68' Storage=1,924 cf 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Time (hours) —Inflow Outflow Primary Secondary H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Type 111 24-hr 1 YR Rainfall=3.80" Prepared by Norris & Tunstall Consulting Engineers HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 12/18/2012 Hydrograph for Pond 1 P: Infil Basin Time Inflow Storage Elevation Outflow 0.00 0.00 0 20.40 0.00 0.00 0.00 0.50 0.00 0 20.40 0.00 0.00 0.00 1.00 0.00 0 20.40 0.00 0.00 0.00 1.50 0.00 0 20.40 0.00 0.00 0.00 2.00 0.00 0 20.40 0.00 0.00 0.00 2.50 0.00 0 20.40 0.00 0.00 0.00 3.00 0.00 0 20.40 0.00 0.00 0.00 3.50 0.00 0 20.40 0.00 0.00 0.00 4.00 0.00 0 20.40 0.00 0.00 0.00 4.50 0.00 0 20.40 0.00 0.00 0.00 5.00 0.00 0 20.40 0.00 0.00 0.00 5.50 0.00 0 20.40 0.00 0.00 0.00 6.00 0.00 0 20.40 0.00 0.00 0.00 6.50 0.00 0 20.40 0.00 0.00 0.00 7.00 0.00 0 20.40 0.00 0.00 0.00 7.50 0.00 1 20.40 0.00 0.00 0.00 8.00 0.01 2 20.40 0.00 0.00 0.00 8.50 0.01 4 20.40 0.01 0.01 0.00 9.00 0.02 7 20.40 0.02 0.02 0.00 9.50 0.03 11 20.40 0.02 0.02 0.00 10.00 0.04 16 20.40 0.04 0.04 0.00 10.50 0.06 24 20.40 0.05 0.05 0.00 11.00 0.08 34 20.41 0.07 0.07 0.00 11.50 0.15 60 20.41 0.13 0.13 0.00 12.00 1.22 516 20.48 0.23 0.23 0.00 12.50 0.40 1,893 20.68 0.24 0.24 0.00 13.00 0.17 1,881 20.68 0.24 0.24 0.00 13.50 0.14 1,719 20.65 0.24 0.24 0.00 14.00 0.11 1,512 20.62 0.24 0.24 0.00 14.50 0.10 1,270 20.59 0.24 0.24 0.00 15.00 0.09 1,008 20.55 0.24 0.24 0.00 15.50 0.07 727 20.51 0.24 0.24 0.00 16.00 0.06 426 20.46 0.23 0.23 0.00 16.50 0.05 110 20.42 0.23 0.23 0.00 17.00 0.05 25 20.40 0.05 0.05 0.00 17.50 0.04 21 20.40 0.04 0.04 0.00 18.00 0.04 18 20.40 0.04 0.04 0.00 18.50 0.04 17 20.40 0.04 0.04 0.00 19.00 0.03 16 20.40 0.03 0.03 0.00 19.50 0.03 15 20.40 0.03 0.03 0.00 20.00 0.03 14 20.40 0.03 0.03 0.00 20.50 0.03 14 20.40 0.03 0.03 0.00 21.00 0.03 13 20.40 0.03 0.03 0.00 21.50 0.03 12 20.40 0.03 0.03 0.00 22.00 0.03 12 20.40 0.03 0.03 0.00 22.50 0.02 11 20.40 0.02 0.02 0.00 23.00 0.02 11 20.40 0.02 0.02 0.00 23.50 0.02 10 20.40 0.02 0.02 0.00 24.00 0.02 9 20.40 0.02 0.02 0.00 24.50 0.00 0 20.40 0.00 0.00 0.00 25.00 0.00 0 20.40 0.00 0.00 0.00 H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Type 111 24-hr 1 YR Rainfall=3.80" Prepared by Norris & Tunstall Consulting Engineers HvdroCADO 7.10 s/n 000479 © 2005 HvdroCAD Software Solutions LLC 12/18/2012 Stage -Area -Storage for Pond 1 P: Infil Basin Elevation Surface Storage (feet) (sq-ft) (cubic -feet) 20.40 6,662 0 20.42 6,686 133 20.44 6,710 267 20.46 6,734 402 20.48 6,758 537 20.50 6,781 672 20.52 6,805 808 20.54 6,829 944 20.56 6,853 1,081 20.58 6,877 1,219 20.60 6,901 1,356 20.62 6,925 1,495 20.64 6,949 1,633 20.66 6,973 1,772 20.68 6,996 1,912 20.70 7,020 2,052 20.72 7,044 2,193 20.74 7,068 2,334 20.76 7,092 2,476 20.78 7,116 2,618 20.80 7,140 2,760 20.82 7,164 2,903 20.84 7,188 3,047 20.86 7,211 3,191 20.88 7,235 3,335 20.90 7,259 3,480 20.92 7,283 3,626 20.94 7,307 3,772 20.96 7,331 3,918 20.98 7,355 4,065 21.00 7,379 4,212 21.02 7,403 4,360 21.04 7,426 4,508 21.06 7,450 4,657 21.08 7,474 4,806 21.10 7,498 4,956 21.12 7,522 5,106 21.14 7,546 5,257 21.16 7,570 5,408 21.18 7,594 5,560 21.20 7,618 5,712 21.22 7,641 5,864 21.24 7,665 6,017 21.26 7,689 6,171 21.28 7,713 6,325 21.30 7,737 6,480 21.32 7,761 6,634 21.34 7,785 6,790 21.36 7,809 6,946 21.38 7,832 7,102 21.40 7,856 7,259 Elevation Surface Storage (feet) (sq-ft) (cubic -feet) 21.42 7,880 7,417 21.44 7,904 7,574 21.46 7,928 7,733 21.48 7,952 7,892 21.50 7,976 8,051 21.52 8,000 8,211 21.54 8,024 8,371 21.56 8,047 8,531 21.58 8,071 8,693 21.60 8,095 8,854 21.62 8,119 9,016 21.64 8,143 9,179 21.66 8,167 9,342 21.68 8,191 9,506 21.70 8,215 9,670 21.72 8,239 9,834 21.74 8,262 9,999 21.76 8,286 10,165 21.78 8,310 10,331 21.80 8,334 10,497 21.82 8,358 10,664 21.84 8,382 10,832 21.86 8,406 10,999 21.88 8,430 11,168 21.90 8,454 11,337 21.92 8,477 11,506 21.94 8,501 11,676 21.96 8,525 11,846 21.98 8,549 12,017 22.00 8,573 12,188 H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Type 111 24-hr 10 YR-NHC Rainfall=7.00" Prepared by Norris & Tunstall Consulting Engineers HydroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Solutions LLC 12/18/2012 Time span=0.00-25.00 hrs, dt=0.05 hrs, 501 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment 1S: Predevelopment Runoff Area=30,000 sf Runoff Depth=3.62" Tc=5.0 min CN=70 Runoff=2.92 cfs 0.208 of Subcatchment 2S: Post Development Runoff Area=30,000 sf Runoff Depth=5.25" Tc=5.0 min CN=85 Runoff=4.15 cfs 0.301 of Pond 1P: Infil Basin Peak Elev=21.22' Storage=5,846 cf Inflow=4.15 cfs 0.301 of Primary=0.27 cfs 0.301 of Secondary=0.00 cfs 0.000 of Outflow=0.27 cfs 0.301 of H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Type /// 24-hr 10 YR-NHC Rainfall=7.00" Prepared by Norris & Tunstall Consulting Engineers Pond 1P: Infil Basin Inflow Area = 0.689 ac, Inflow Depth = 5.25" for 10 YR-NHC event Inflow = 4.15 cfs @ 12.07 hrs, Volume= 0.301 of Outflow = 0.27 cfs @ 13.69 hrs, Volume= 0.301 af, Atten= 94%, Lag= 96.9 min Primary = 0.27 cfs @ 13.69 hrs, Volume= 0.301 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-25.00 hrs, dt= 0.05 hrs Peak Elev= 21.22' @ 13.69 hrs Surf.Area= 7,639 sf Storage= 5,846 cf Plug -Flow detention time= 201.2 min calculated for 0.301 of (100% of inflow) Center -of -Mass det. time= 200.8 min ( 995.0 - 794.2 ) Volume Invert Avail.Storage Storage Description #1 20.40' 12,188 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 20.40 6,662 0 0 22.00 8,573 12,188 12,188 Device Routing Invert Outlet Devices #1 Primary 0.00' 1.600 in/hr Exfiltration over Surface area #2 Secondary 21.25' 14.0' long x 20.0' breadth Emergency Spillway Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=0.27 cfs @ 13.69 hrs HW=21.22' (Free Discharge) t1=Exfiltration (Exfiltration Controls 0.27 cfs) Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=20.40' (Free Discharge) 2=Emergency Spillway ( Controls 0.00 cfs) HAPROJECTS\2012\1 2095\1 2095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Prepared by Norris & Tunstall Consulting Engineers HvdroCAD® 7.10 s/n 000479 © 2005 HydroCAD Software Type 111 24-hr 10 YR-NHC Rainfall= 7. 00" Pond 1P: Infil Basin Hydrograph Inflow Area=0.689 ac Peak Elev=21.22' Storage=5,846 cf 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 Time (hours) Inflow outeow Pnmary Secondary H:\PROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Prepared by Norris & Tunstall Consulting Engineers Type 111 24-hr 10 YR-NHC Rainfall=7.00" Hydrograph for Pond 1 P: Infil Basin Time Inflow Storage Elevation Outflow Primary Secondary (hours) (cfs) (cubic -feet) (feet) (cfs) (cfs) (cfs) 0.00 0.00 0 20.40 0.00 0.00 0.00 0.50 0.00 0 20.40 0.00 0.00 0.00 1.00 0.00 0 20.40 0.00 0.00 0.00 1.50 0.00 0 20.40 0.00 0.00 0.00 2.00 0.00 0 20.40 0.00 0.00 0.00 2.50 0.00 0 20.40 0.00 0.00 0.00 3.00 0.00 0 20.40 0.00 0.00 0.00 3.50 0.00 0 20.40 0.00 0.00 0.00 4.00 0.00 0 20.40 0.00 0.00 0.00 4.50 0.00 0 20.40 0.00 0.00 0.00 5.00 0.00 1 20.40 0.00 0.00 0.00 5.50 0.01 3 20.40 0.01 0.01 0.00 6.00 0.01 5 20.40 0.01 0.01 0.00 6.50 0.02 7 20.40 0.02 0.02 0.00 7.00 0.02 10 20.40 0.02 0.02 0.00 7.50 0.03 14 20.40 0.03 0.03 0.00 8.00 0.04 19 20.40 0.04 0.04 0.00 8.50 0.06 26 20.40 0.06 0.06 0.00 9.00 0.08 35 20.41 0.08 0.08 0.00 9.50 0.11 46 20.41 0.10 0.10 0.00 10.00 0.13 59 20.41 0.13 0.13 0.00 10.50 0.18 77 20.41 0.17 0.17 0.00 11.00 0.24 102 20.42 0.22 0.22 0.00 11.50 0.40 241 20.44 0.23 0.23 0.00 12.00 2.83 1,839 20.67 0.24 0.24 0.00 12.50 0.84 5,341 21.15 0.26 0.26 0.00 13.00 0.36 5,751 21.21 0.26 0.26 0.00 13.50 0.29 5,840 21.22 0.27 0.27 0.00 14.00 0.23 5,828 21.22 0.27 0.27 0.00 14.50 0.20 5,738 21.20 0.26 0.26 0.00 15.00 0.18 5,602 21.19 0.26 0.26 0.00 15.50 0.15 5,421 21.16 0.26 0.26 0.00 16.00 0.12 5,195 21.13 0.26 0.26 0.00 16.50 0.11 4,934 21.10 0.26 0.26 0.00 17.00 0.10 4,655 21.06 0.26 0.26 0.00 17.50 0.09 4,358 21.02 0.26 0.26 0.00 18.00 0.08 4,043 20.98 0.26 0.26 0.00 18.50 0.07 3,717 20.93 0.25 0.25 0.00 19.00 0.07 3,387 20.89 0.25 0.25 0.00 19.50 0.06 3,055 20.84 0.25 0.25 0.00 20.00 0.06 2,720 20.79 0.25 0.25 0.00 20.50 0.06 2,382 20.75 0.25 0.25 0.00 21.00 0.06 2,044 20.70 0.24 0.24 0.00 21.50 0.05 1,705 20.65 0.24 0.24 0.00 22.00 0.05 1,364 20.60 0.24 0.24 0.00 22.50 0.05 1,023 20.55 0.24 0.24 0.00 23.00 0.05 681 20.50 0.24 0.24 0.00 23.50 0.04 337 20.45 0.23 0.23 0.00 24.00 0.04 43 20.41 0.09 0.09 0.00 24.50 0.00 1 20.40 0.00 0.00 0.00 25.00 0.00 0 20.40 0.00 0.00 0.00 HAPROJECTS\2012\12095\12095 CALCS\Storm Water\ 12095 Pre-Post-NCDENR-12-18-12 Prepared by Norris & Tunstall Consulting Engineers HvdroCADO 7.10 s/n 000479 © 2005 HvdroCAD Software Type Ill 24-hr 10 YR-NHC Rainfall=7.00" Stage -Area -Storage for Pond 1 P: Infil Basin Elevation Surface Storage (feet) (sq-ft) (cubic -feet) 20.40 6,662 0 20.42 6,686 133 20.44 6,710 267 20.46 6,734 402 20.48 6,758 537 20.50 6.781 672 20.52 6,805 808 20.54 6,829 944 20.56 6,853 1,081 20.58 6,877 1,219 20.60 6,901 1,356 20.62 6,925 1,495 20.64 6,949 1,633 20.66 6,973 1,772 20.68 6.996 1,912 20.70 7,020 2,052 20.72 7,044 2,193 20.74 7,068 2,334 20.76 7,092 2,476 20.78 7,116 2,618 20.80 7,140 2,760 20.82 7,164 2,903 20.84 7,188 3,047 20.86 7,211 3,191 20.88 7,235 3,335 20.90 7,259 3,480 20.92 7,283 3,626 20.94 7,307 3,772 20.96 7,331 3,918 20.98 7,355 4,065 21.00 7,379 4,212 21.02 7,403 4,360 21.04 7,426 4,508 21.06 7,450 4,657 21.08 7,474 4,806 21.10 7,498 4,956 21.12 7,522 5,106 21.14 7,546 5,257 21.16 7,570 5,408 21.18 7,594 5,560 21.20 7,618 5,712 21.22 7,641 5,864 21.24 7,665 6,017 21.26 7,689 6,171 21.28 7,713 6,325 21.30 7,737 6,480 21.32 7,761 6,634 21.34 7,785 6,790 21.36 7,809 6,946 21.38 7,832 7,102 21.40 7,856 7,259 Elevation Surface Storage (feet) (sq-ft) (cubic -feet) 21.42 7,880 7,417 21.44 7,904 7,574 21.46 7,928 7,733 21.48 7,952 7,892 21.50 7,976 8,051 21.52 8,000 8,211 21.54 8,024 8,371 21.56 8,047 8,531 21.58 8,071 8,693 21.60 8,095 8,854 21.62 8,119 9,016 21.64 8,143 9,179 21.66 8,167 9,342 21.68 8,191 9,506 21.70 8,215 9,670 21.72 8,239 9,834 21.74 8,262 9,999 21.76 8,286 10,165 21.78 8,310 10,331 21.80 8,334 10,497 21.82 8,358 10,664 21.84 8,382 10,832 21.86 8,406 10,999 21.88 8,430 11,168 21.90 8,454 11,337 21.92 8,477 11,506 21.94 8,501 11,676 21.96 8,525 11,846 21.98 8,549 12,017 22.00 8,573 12,188 SCISID: 1223368 Date Filed: 9/4/2012 9:51:00 ANI Elaine F. Marshall North Carolina Secretary of State AMENDED LIMITED LIABILITY COMPANY C201223000079 NAME OF LIMITED LIABILITY COMPANY: PaLay Investments LLC SECRETARY OF STATE ID NUMBER: 1223368 STATE OF FORMATION: NC �s u"0* REPORT FOR THE YEAR: 2012 ORIGINAL DOCUMENT ID: CA201204700402 SECTION A: changes 1. NAME OF REGISTERED AGENT: Stephen Ohm 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTE$ CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS A COUNTY 4, REGISTERED OFFICE MAILING ADDRESS rf,ltnhtFd�rt A$404"4G47,149fU`IA. ul.,n AIC_�_ �tryocl SECTION B: PRINCIPAL OFPI INPORMA1= 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investment 2. PRINCIPAL OFFICE PHONE NUMBER: 3362601603 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS A COUNTY Sr PRINCIPAL OFFICE MAILING ADDRESS raus2ewaaBeRdaa 61 a Ayd n a,1 6el a Stew. I SendAd all' Rd vc a oq�� CJ:Ir».ar�4oa SECTION C: MANAGER38WJU PRWDROANIZM (Enter addl0onal ManageNMemberstOrganlzero In SeCOGn E.) NAME: Stephen Perry Ohm NAME: Brittni Ohm NAME: TITLE: Manager TITLE: Manager TITLE: ADDnRg$9i .,. . 60fl3TEWett'BERtfRd L1�a L� n I? 1 boT3T! r G►� dAe�Qd SECTION D: CERTIFICATION OF ANN .A1 oe-ORT Section D must be Completed in Its entirelyb Y a peroonlbuaineea entity, ewNATURe . Form muo 0!pan ! MlNnA=naI1Wd~ Somw C d M fwm. DATE P M w Type Nun at MWAWNWAW (nAnau�f TRLE THIS ENTRY DOES NOT QUALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTION GRANTED UNDER SL2010.21 aLA7MR THIgANMgt pFFtfRT WITHM RFD1q FI 'RFPDiltOn MAIL TO.- s.wWyaelW, Coryontlonl DMpoq Pan Oaks SO 2sam, RWIah. Ne 27e2"526 ml r* (2095 LMG LAND MANAGEMENT GROUP iNG Environmental Consultants December 17. 2012 Phil Norris Norris & Tunstall Consulting Engineers, P.C. 1429 Ash Little River Road Ash, NC 28420 Reference: Soil Assessment for Proposed Storm Water BMP for the Drive-Thru Mart. Carolina Beach Road. Wilmington, NC Dear Phil. Land Management Group, Inc. evaluated the parcel for the purpose ol'providing site data to the engineer for his submittal of the proposed storm water BMP for the proposed business. The purpose of the evaluation was to describe the soil profiles, quantify the depth to the seasonal high water table. estimate permeability and to inform the project engineer of any potential limitations of this project within the proposed stormwater retention areas The soils at this site are mapped as Lynn Haven and Seagate in the Soil Survey of New Hanover County (USDA, 1982). Soil borings confirmed the soil to be Stallings type. The cleared site contains natural soils, with exception of the driveway, and borings were made within the proposed BMP location of the property as shown in Appendix A. The soil profile descriptions are shown in Appendix B. Soil descriptions for Lynn Haven and Stallings are shown in Appendix C. The seasonal high water table found in most soils is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. In the same way, there can be modern drainage features such as canals or ditches that have altered the hydrologic profile. Often, observed redoximorphic features are relicts of previous hydrologic conditions but not current ones. The drainage outlet for this site has been lowered significantly due to the drainage swales along side of Highway 421. Soil permeability is estimated based on soil physical properties. The following are estimates of the soils at the boring location. The site has an estimated permeability of 1.0 - 3.0 inches per hour in the lower sandy loam 13T horizon at a depth ol'39 inches below surface. DEC 2 Y 2012 BY' In summary, this site has one area that is proposed for stormwater system placement This area has soils that have seasonal high water tables that are 32" from the soil surface in the two locations. If the proposed Permanent Pool Elevation is more than 6" below the seasonal high water table elevation, then additional testing and analysis may be required to quantify any affect on adjacent wetlands, surface waters. and/or buffers where applicable. Please refer to the NC DENR DWQ February 19, 2009 Memo Article 2 subsections a-d for further guidance. Please do not hesitate to contact me if you have any questions with this report or il'you wish for LMG to perform any additional site specific studies in accordance with the NC DENR DWQ guidance memo. If you have any questions about this report or need any additional information I may be reached at 910-452-0001, 910-620-1137 or at eturner a Imgroup.net . Sincerely. G. Craig Turner Vice President Land Management Group, hic P.O. Box 2522 Wilmington, NC 28402 910-452-0001: Office 910-452-0060: 17AX 910-620-1137: Cell eturner a Imgroup.net N.C. Licensed Soil Scientist. 41091 �ZMIMTZTWI� ryen nyyayiy acn M uoma ea Hm� 1 BW1 12-15 10YR 513 loamy sand single -grained stickplastic 4.0-6.0 1 BW2 15-23 1CYR 614 loamy sand sin le- rainetl non-stick non -plastic 4.0-6.0 few, loamy 1 BTi 23-38 10 YR 6/4 common, sand/sandy weak, fine non -sticky non -plastic 20-3.0 fine, 10YR subangular blocky 5/6 loam few, 1 BT2 38-44 10YR 5/6 common, sandy loam weak, fine slightly sticky slightly plastic 2.0-3.0 fine, 10YR subangular blocky 5/2 1 BC 44-48 1CYR 5/4. 5/8/ loamy single -grained non -sticky non -plastic 6.0-10.0 7/2 sand/sand 1 C 48-72 1CYR 811 sand I single -grained non-stick I non -plastic 6.0-10.0 Physical Water: >72' on 09-26-2012 SHW7: @ 45"below round surface 2 A 0-3 10Y 4/3, 7/1 loam sand single -grained non-stick non- lastic 2 E 3-12 1CYR 611, 6/3 loam sand single -grained non-stick non -plastic 2 BW1 12-15 10YR 5/3 loam sand single -grained stick plastic 4.0-6.0 2 BW2 15-23 10YR 6/4 loam sand single -grained non -slick non -plastic 40-6.0 few, 2 BTi 23-38 10 YR 6l4 m Comm sand) anloamy dy weak, fine non -sticky non -plastic 2.0-3.0 fine, YR subangular blocky 5/6 loam few, 2 BT2 38-44 10YR 516 common, sandy loam weak, fine slightly sticky slightly plastic 2.0-3.0 fine, lOVR subangular blocky 5/2 2 BC 44-48 1CYR 514, 5181 loamy single -grained non -sticky non -plastic 6.0-10.0 7/2 sandlsand 2 C1 48-67 10YR Bit loamy single -grained non -sticky non -plastic 6.0-10.0 sand/sand 25 YR 713, 2 C2 67-72 7 5YR sand single -grained non -sticky non -plastic 6.0-10.0 5/6, 10YR 8.1 Physical Water. >72'on 09-26-2012 SHWi: 45' below rountl surface Appendix C Published Description and Chemical and Physical Properties Of the Lynn Haven and Seagate Soil Series 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) Bhl--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 tine 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 (I OYR 5/3) and light yellowish brown (I 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 I OYR, value of 2 or 3, and chroma of I to 3. Texture is muck. The A horizon has hue of 10YR, value of 2 or 3, and chroma of I or 2; or is neutral with value of 2 or 3. When dry, this horizon has a salt -and -pepper appearance due to mixin�' of organic matter and white sand grains. Texture is sand, fine sand or mucky fine sand. The Eg or E horizon, where present, has hue of I OYR or 2.5YR, value of 4 to 7, and chroma of I 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 Bill horizon has hue of 5YR to I OYR. value of 2 or 3, and chroma of I to 4. Sand grains are coated with organic matter. Vertical or horizontal tongues or pockets of grayish sand occur in the Bill 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 I 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. Baymeade, Blanton, Evergreen, Hurricane, Kershaw, Kingsferry, Kureb, Lakeland, Leon. Mandarin, Mwville, Olustee. Osier, Plummer, Pottsbura, 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 I-laven 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. 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. (Bh I and Bh2 horizons). National Cooperative Soil Survey U.S.A. LOCATION SEAGATE NC+SC VA Established Series RAG/Rev..I A K 02/2008 SEAGATE SERIES MLRA(s): 153A-Atlantic Coast Flatwoods, 15313-Tidewater Area Depth Class: Very deep Drainage Class (Agricultural): Moderately well drained or somewhat poorly drained Internal Free eater Occurrence: Moderately deep. persistent Flooding Frequency and Duration: None Ponding Frequency and Duration: None Slowest Saturated Hydraulic Conductivity: Moderately high (4.23 to 10.00 micrometers per second) Landscape: Lower Coastal plain Landform: Marine terraces. Flats, natwoods Geomorphic Component: Talfs and dips Hillslope Profile Position: Not assigned Parent Material: Sandy and loamy marine deposits Slope: 0 to 3 percent Elevation (type location): 7.6 meters (about 25 feet) Frost Free Period (type location): 217 days Mean Annual Air Temperature (type location): 17.2 degrees C. (about 63 degrees F.) Mean Annual Precipitation (type location): 1350 millimeters (about 53 inches) TAXONOMIC CLASS: Sandy over loamy, siliceous, active. thermic Typic Haplohumods TYPICAL PEDON: Seagate fine sand, cultivated. (Colors are for moist soil unless otherwise stated.) Ap--0 to 20 centimeters (about 0 to 8 inches); dark gray (I OYR 4/1) fine sand; single -rained; loose; many fine roots: many clean sand grains; slightly acid: abrupt smooth boundary. (8 to 20 centimeters thick, about 3 to 8 inches thick) E--20 to 30 centimeters (about 8 to 12 inches): light gray (IOYR 7/1) fine sand; single grained; loose; few medium roots moderately acid; clear wavy boundary. (0 to 30 centimeters thick, about 0 to 12 inches) Bh--30 to 58 centimeters (about 12 to 23 inches); dark brown (7.5YR 3/2) fine sand: massive: friable; many weakly cemented nodules; many sand grains coated with organic matter: icw clean sand grains: strongly acid: abrupt irregular boundary. (5 to 65 centimeters thick, about 2 to 25 inches) BE--58 to 71 centimeters (about 23 to 28 inches): brown (I OYR 5/3) fine sand; single grained; loose; few fine weakly cemented concretions; many sand grains coated with organic matter; common clean sand grains; strongly acid; clear wavy boundary. (0 to 25 centimeters thick, about 0 to I Oinches) E'--71 to 91 centimeters (about 28 to 36 inches): light gray (I OYR 7/2) fine sand; single grained: loose; few fine and medium brown (IOYR 5/3) concretions: moderately acid; clear smooth boundary. (0 to 25 centimeters thick. about 0 to 10 inches) Bt--91 to 102 centimeters (about 36 to 40 inches); brownish yellow (10YR 6/6) sandy loam: weak medium subangular blocky structure; friable; many medium distinct light gray (1 OYR 7/2) iron depletions; sand grains are coated and bridged with clay; few faint discontinuous clay films on faces of peds; strongly acid; clear wavy boundary (0 to 20 centimeters thick, about 0 to 8 inches) Btg--102 to 200 centimeters (about 40 to 78 inches); light gray (1 OYR 7/1) clay loam; weak medium subangular blocky structure; firm; plastic: sticky; very strongly acid. (12 to 100 centimeters thick. about 5 to 40 inches) TYPE LOCATION: New Hanover County, North Carolina: 0.4 mile north of junction of North Carolina Highway 132 and U.S. Highway 421, 300 yards west of U.S. Highway 421. 20 feet north of field road; USGS Wilmington, NC topographic quadrangle; Iat. 34 degrees 08 minutes 33 seconds N. and long. 77 degrees 53 minutes 50 seconds W., NAD 83. RANGE IN CHARACTERISTICS: Depth to top of spodic horizon: 25 to 50 centimeters (about 10 to 20 inches) Depth to loamy horizons: Greater than 50 centimeters (about 20 inches) Depth to bedrock: Greater than 200 centimeters (about 78 inches) Depth to seasonal high water table: 50 to 75 centimeters (about 20 to 30 inches). November to April (originally, 1.5 to 2.5 feet) Thickness of the A and B horizons: 90 to more than 150 centimeters (about 36 to more than 60 inches) (Effective) Cation Exchange Capacity: I to 5 milliequivalents per 100 grams of soil in the A horizon: I to 2 in E horizon: 2 to 7 in the Bh horizon, and 4 to 8 in the Bt horizon Shrink -swell potential: Low Organic matter content: 0.0 to 0.5 percent in the A and E horizon: 0.5 to 2.0 in the Bh horizon; and 0.0 to 0.2 in the Bt and C horizon Soil Reaction: Extremely acid (3.5) to moderately acid (6.0). unless limed Other Soil Features: The Bh horizon contains 0 to 50 percent, byvolume extremely weakly to moderately cemented nodules RANGE OF INDIVIDUAL HORIZONS: Ap or A horizon: Color --hue of I OYR or 2.5Y. value of 3 to 6, chroma of I to 3 Texture --sand or line sand Clay content: 0 to 3 percent E horizon (where present): Color --hue of I OYR to 5Y, value of 5 to 8, and chroma of I to 3, or is neutral with value of5to8 Texture --sand or fine sand Clay content: 0 to 3 percent Bh horizon: Color --hue of 5YR to I OYR. value of 2 to 5, chroma of I to 4 Texture --sand; fine sand, or loamy fine sand Special Features --This horizon is friable to firm. most sand grains are coated with organic materials; clean sand grains range from few to common. Clay content: I to 5 percent F horizon (where present): Color --hue of I OYR or 2.5Y, value of 5 to 7. chroma of I to 4 Textw•e--sand or tine sand Redoximorphic features (where present) --iron depletions in,shades of brown, yellow, or gray and masses of oxidized iron in shades of red, yellow, or brown Clay content: I to 3 percent Bt horizon (where present): Color --hue of I OYR or 2.5Y. value of 5 to 7. chroma of 3 to 8 Texture --sandy loam or sandy clay loam Redoximorphic features (where present) --iron depletions in shades of brown, yellow, or gray and masses of oxidized iron in shades of red, yellow, or brown Clay content: 10 to 35 percent Btg horizon: Color --hue of I OYR to 5Y, value of 5 to 7, and chroma of I or 2. or is neutral with value of 4 to 8 Texlnre--sandy clay loam or clay loam Clay content: 10 to 35 percent Redoximorphic features (where present) --iron depletions in shades of brown, yellow, or gray and masses of oxidized iron in shades of red, yellow. or brown COMPETING SERIES: None GEOGRAPHIC SETTING: Landscape: Lower Coastal plain Landform: Marine terraces. flats, flatwoods Geomorphic Component: Talfs and dips Hillslope Profile Position: Not assigned Parent Material: Sandy and loamy marine deposits Slope: 0 to 3 percent Elevation (type location): 7.6 meters (about 25 feet) Frost Free Period: 190 to 240 days Mean Annual Air Temperature (type location): 14.4 to 18.3 degrees C. (about 58 to 65 degrees F.) Mean Annual Precipitation (type location): 1015 to 1475 millimeters (about 40 to 58 inches) GEOGRAPHICALLY ASSOCIATED SOILS: Baymeade soils --do not have a continuous spodic horizon; on higher parts of the landscape Kureb soils --do not have a continuous spodic horizon and have less than 5 percent fines to a depth of 2 meters; on higher parts of the landscape Leon soils --are poorly or very poorly drained, on lower parts of the landscape Lynn Haven soils --do not have an underlying argillic horizon and are poorer drained, on lower parts of the landscape Mascotte soils --are poorly or very poorly drained, on lower parts of the landscape MUrVllle soils --do not have an underlying argillic horizon and are very poorly drained, on lower parts of the landscape Olustee soils --are poorly drained, on lower parts of the landscape Onslow soils --have thinner sandy surface layers Rideeland soils --do not have underlying loamy B horizons DRAINAGE AND PERMEABILITY: Drainage Class (Agricultural): Moderately well drained or somewhat poorly drained Internal Free Water Occurrence: Moderately deep, persistent Flooding Frequency and Duration: None Pending Frequency and Duration: None Slowest Saturated Hydraulic Conductivity: Moderately high (4.23 to 10.00 micrometers per second) USE AND VEGETATION: Major uses: Woodland or urban development Dominant vegetation: Where cultivated --corn, soybeans, peanuts, and blueberries Where wooded --turkey oak, post oak, red oak, longleaf pine, and loblolly pine. Some native understory plants are wax myrtle, pineland threeawn, bushy beard grass. little bluestem, bitter gallberry, large gallberry, and dwarf' huckleberry DISTRIBUTION AND EXTENT: Distribution: North Carolina and possibly South Carolina, Georgia, and Florida. Extent: Moderate, about 15,000 acres. MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Raleigh, North Carolina SERIES ESTABLISHED: New Hanover County, North Carolina; 1974. REMARKS: 08/1985. The classification of the Seagate series is revised to comply with the addition of Cation -exchange activity classes in Soil Taxonomy. 02/2008. Seagate soils typically do not have sufficient organic carbon content in the spodic horizon for classification in the Humod suborder. Additional information is needed to determine the correct taxonomic placement. The most likely classification is Oxyaquic Alorthods; however. the Alorthods great group is being studied and major revision is anticipated. Seagate soils will remain as historically classified until a future investigation can be completed. Diagnostic horizons and soil characteristics recognized in this pedon: Ochric epipedon--the zone from the surface to a depth of 30 centimeters (Ap and E horizons) Albic horizon --the zone from 20 to 30 centimeters (E horizon) Spodic horizon --the zone between depths of 30 and 58 centimeters (Bh horizon) Argillic horizon --the zone between depths of 71 to 168 centimeters (Bt and Btg horizons) Series control section --the zone from 0 to 200 centimeters ADDITIONAL DATA: N.C. State University Soils Department Laboratory Data. National Cooperative Soil Survey U.S.A. [ He Edit View Doajment Tools Window Help 25 (E) C7 A40j)j, 3k VIP k Can 1% C�. 7. HE16 'V 00.4 le N *. % ct, j C=�