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SW8160909_Historical File_20160929
PAR/' MOU N E N G 1 N E E F2 1 N G , 1 N C. 1 2 2 CINEMA DRIVE W I L M I N G T O N , NC 28403 9 1 0 - 7 9 1 - 6 7 0 7 ( O ) 9 1 0 - 7 9 1 - 6 7 6 0 ( F ) LETTER OF TRANSMITTAL To: NCDEQ Date 09.29.16 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: SW8 160909 (Express) 7245 Market Street Attn: Christine Hall Project No. 16178.PE IWe are sending: ® Originals ®Prints ❑ Shop Drawings El Calculations The following items: El Correspondence ® Plans ❑ Specifications ❑ Other as listed below Quantity Date Dwg.No. Description 2 C-6.2,Fig-1 Revised Plans(24"x 36") 2 Revised Page 3 of Form SWU-101 2 Revised portions of Stormwater Design and Erosion Control Narrative 2 Infiltration Trench Supplement(1 Original,1 Copy) 2 Infiltration Basin Supplement(1 Original,1 Copy) 1 Comment Response Letter Issue Status ®For Approval El As Requested El Construction El Bid ['For Your Use El For Review and Comment El Approved as Noted El See Remarks 'Action Taken: El No Exceptions Taken El Make Corrections Noted El Amend&Resubmit El Rejected-See Remarks El Approved as Submitted El OtherD '�f 'Remarks: RECEI a EflECELVEfl SEP 2 9 216 SEP Z 9 2616 1) t3Y: Cc: Signed: Daniel J. Fisk, PE PARAMOUNT E N G 1 N E E R I N G , 1 N C. September 28, 2016 Christine Hall— Environmental Engineer NCDEQ— DEMLR—Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Stormwater Project No. SW8 160909 7245 Market Street New Hanover County Dear Ms. Hall: On behalf of North Wilm Land, LLC, we are submitting a response to your comments dated September 28, 2016. Please find your comments listed below with our response provided in bold. 1. 15A NCAC 02H.1008(h): In order to waive the requirement for an offline bypass and vegetated filter strip for the proposed infiltration trench treating Drainage Area 1, the system is designed to infiltrate the 10-year, 24-hour storm event without discharging using one-half the infiltration rate as outlined in Section 16.3.9 of the NC BMP Manual. The provided documentation shows that the system was designed for a 7- inch design storm, which is intended to represent the 10-year, 24-hour storm event based on information from the New Hanover County Storm Water Design Manual. However, the National Oceanic and Atmospheric Administration (NOAA) is generally accepted as the industry standard for determining the design storm for a specific storm event(http://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nc). When the coordinates for this project provided in Section 1.4 of the application are entered at this website, NOAA reports the 10-year, 24-hour storm event is 7.27 inches. Please re-evaluate the system based on a 7.27-inch design storm or provide additional justification supporting the selected design storm. • County or municipality rainfall depths documented in regulated ordinances, etc. are also an industry standard for determining the design storm. However, I have rerun the HydrCAD calculations using a 7.27-inch storm. You will notice that I have adjusted the drainage area to exclude the pervious areas of the street yard that do not flow to the system. Therefore, I have updated the design method section of the narrative to reference the NOAA Precipitation Frequency Data Server, provided the NOAA print out, revised infiltration trench calcs, revised the infiltration trench supplement, revised page 3 of the application, revised the drainage area map, and revised the max wsel referenced on the detail sheet. 2. 15A NCAC 02H.1003(g)(7): EC+EI\FE SEP 2 9 2016 BY: 1 2 2 CINEMA D R I V E , W I L M I N G T C N , NC 2 8 4 D 3 PH : 1 9 1 D ) 7 9 1 - 6 7 D 7 F A X : ( 9 1 D ) 7 9 1 - 6 7 6 D • a. The impervious area allocated to Drainage Area 2 is presented inconsistently in Section IV.10 of the application and the infiltration basin supplement. Please confirm the amount of built-upon area allocated to Drainage Area 2. • Page 3 of the application has been updated to consistently show a 26,070 sf impervious area for Drainage Area 2. b. For the infiltration basin treating the runoff from Drainage Area 2, the surface area for the selected storage elevation of 46.05 ft is presented as being 4,482 ft2. However, the stage storage table provided in the calculations, lists the surface area at an elevation of 46 ft as being 4,590 ft2. Please confirm the storage surface area presented in the supplement and in the calculations. • The surface area has been revised on the calculations and supplement to show a 4,646 sf area. The provided volume was updated to reflect the revised surface area. 3. Due to the relatively minor nature of these comments, the express additional information review fee has been waived. • Noted Thank you for your attention to this matter. Sincerely, Daniel J. Fisk, PE Paramounte Engineering, Inc. flECEIVE SEP 2 9 2016 I) BY: 1 2 2 CINEMA D R I V E , W I L M I N G T O N , NC 2 B 4 0 3 PH : (9 1 O) 7 9 1 - 6 7 0 7 F A X : ( 9 1 O) 79 1 - 6 7 6 O 7245 MARKET STREET NEW HANOVER COUNTY, NC STORMWATER DESIGN AND EROSION CONTROL NARRATIVE Prepared for: North WILM Land, LLC 846 Bell Fork Rd. Jacksonville,NC 28540 flEC E I V E SEP 2 9 2016 Prepared by: BY. pAR.A.mcpur-rs.TTE N G 1 N E E 1:z 1 N G I N G. 122 Cinema Drive Wilmington,NC 28403 NC License Y: C-2846 Project#16178.PE CARO September 2016 - . y 4 8EALRevised September 2016 - 5( l 4 aEL J• 40 7245 MARKET STREET NEW HANOVER COUNTY, NORTH CAROLINA Project#16178.PE Table of Contents Design Narrative Proposed Improvements Design Method Maintenance Erosion and Sedimentation Control Specification Soils Map Reference Data USGS Map Calculations Soils Report (By Others) Page 7245 MARKET STREET NEW HANOVER COUNTY, NORTH CAROLINA Project#16178.PE DESIGN NARRATIVE North WILM Land, LLC is proposing to construct a 4,440 SF restaurant on a 2-acre site at 7245 Market Street in New Hanover County, NC. The latitude and longitude of the property are 34° 16' 28" N, 77°49' 01" W. The site is bound to the southeast by Market Street (US Highway 17), to the southwest by an existing commercially developed parcel, and to the northwest by an undeveloped parcel. The existing site is relatively flat with ground cover consisting of fair woodlands. Soils consist mainly of Leon sand(Le)(HSG A/D)with a small amount of Seagate Fine Sand (Se) (HSG C)according to the NRCS soil survey. According to the attached USGS map, the project drains to Pages Creek which has a stream classification of SA;HQW and is within the White Oak Basin. The site is not within a 1 mile of SA waters nor 575 feet of HQW. PROPOSED IMPROVEMENTS Prior to any construction activities, tree protection will be installed and approved by New Hanover County Zoning. The applicant is proposing to construct a 4,400 SF restaurant with associated parking, as well as all necessary utilities. The property is proposed to eventually be subdivided into two lots. At this time North WILM Land, LLC will own and maintain both parcels and understand that if either parcel is to be sold that a permit modification will be required to transfer the permit to the new property owner. Parcel A will comprise the restaurant and associated parking/sidewalk and will ultimately flow to the proposed [#1] Underground Infiltration System. Parcel B will be regraded for future development and stormwater runoff will be directed to [#2] Infiltration Basin. Both the Underground Infiltration System and Infiltration Basin have been designed to meet both NCDEQ water quality and New Hanover County peak attenuation requirements for their respective proposed parcels. Sedimentation and erosion control measures will involve establishing the limits of construction,installing a temporary construction entrance, silt fence, temporary diversion ditches, a temporary sediment basin (w/ skimmer), inlet protection, and outlet protection. All calculations are shown on the plans and/or in the following pages of this narrative. DESIGN METHOD Hydrologic calculations have been performed utilizing HydroCAD version 10.0 software which emplays the USDA SCS Method. The 2-year through 100-year Type-III 24-hour storm rainfall depth (precipitation data)has been taken from the NOAA Atlas I4Precipitation Frequency Data Server. Curve Number(CN)and Time of Concentration (TOC) calculations have been performed in accordance with the USDA TR-53 manual,with a minimum TOC of five(5)minutes. Hydrologic Soil Group Classifications have been taken from the USDA Web Soil Survey. In order to remove the need for an offline bypass and vegetated filter strip for the underground infiltration system, the system has been sized to infiltrate the 10-year 24-hour storm at 1 the infiltration rate reported in the Geotechnical Report as computed utilizing HydroCAD version 10.0 software and the SCS(TR-55)Method with composite curve numbers. In order to remove the need for an offline bypass and vegetated filter strip for the infiltration basin, the basin has been sized to infiltrate 2.3 times the required 1.5-inch runoff volume at the infiltration rate reported in the Geotechnical Report. MAINTENANCE Contractors shall be responsible for periodic inspection and maintenance of all indicated erosion control devices.In addition, inspection and any necessary maintenance will be required immediately following any significant storm event. Any erosion control measure that fails to function as intended shall be repaired immediately.Upon completion of construction and the establishment of stabilized ground cover, the property owner shall be responsible for any ongoing site maintenance. cEIVE SEP 21 2015 BY: EROSION AND SEDIMENTATION CONTROL SPECIFICATION PART 1 -GENERAL 1.1 RELATED DOCUMENT A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 WORK INCLUDED A. 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. B. Contractor shall, upon suspension or completion of land-disturbing activities, provide protection covering for disturbed areas. Permanent vegetation shall be established at the earliest practicable time. Temporary and permanent erosion control measures shall be coordinated to assure economical, effective, and continuous erosion and sediment control throughout the construction and post construction period. 1.3 RELATED SECTIONS A. Related Sections—The following Sections contain requirements that relate to this Section: 1. 01011—Existing Underground Utilities 2. 01015—Special Conditions for this Contract 3. 01070—Shop Drawings,Project Data&Samples 4. 02200—Earthwork,Excavation Trenching,and Backfilling 5. 02230—Site Clearing 6. 02240—Dewatering 7. 02485—Seeding General Areas 1.4 REGULATORY REQUIREMENTS A. Contractor shall be responsible for prevention of damage to properties outside the construction limits from siltation due to construction of the project. The Contractor will assume all responsibilities to the affected property owners for correction of damages that may occur. Erosion control measures shall be performed by the Contractor,conforming to the requirements of,and in accordance with plans approved by applicable state and local agencies and as per the erosion control portion of the construction drawings and these specifications. The Contractor shall not allow mud and debris to accumulate in the streets.Should the Contractor pump water from trenches during construction, appropriate siltation preventative measures shall be taken prior to discharge of pumped water into any storm drain or stream. PART 2-PRODUCTS 2.1 Open mesh biodegradable mulching cloth. 2.2 Fertilizer shall be 10-10-10 grade or equivalent. 2.3 Lime shall be dolomitic agricultural ground 1 limestone containing not less than 10 percent magnesium oxide. 2.4 Phosphate shall be 20 percent super phosphate or equivalent. 2.5 Provide grass seed mixture as shown on the plans. 2.6 Silt fence shall consist of non-biodegradable filter fabric (Trevira, Mirafi, etc.) wired to galvanized wire mesh fencing and supported by wood or metal posts. 2.7 NCDOT Class B stone for erosion control. PART 3-EXECUTION 3.1 CLEARING A Clearing and grubbing shall be scheduled and performed in such a manner that subsequent grading operation and erosion control practices can follow immediately thereafter. Excavation, borrow, and embankment operations will be conducted such that continuous operation. All construction areas not otherwise protected shall be planted with permanent vegetative cover within 7 working days after completion of active construction. All slopes shall be planted within 14 calendar days after completion of such activity. 3.2 STABILIZING A. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures.All disturbed areas not to be paved and left exposed will, within 14 calendar days of completion of any phase of grading,be planted or otherwise provided with either temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. All slopes steeper than 3:1 shall be planted or otherwise provided with either temporary or permanent ground cover,devices,or structures sufficient to restrain erosion within 7 calendar days. 3.3 REGULATORY REQUIREMENTS A. Whenever land disturbing activity is undertaken on a tract, a ground cover sufficient to restrain erosion must be planted or otherwise provided within 7 calendar days on that portion of the tract upon which further active construction is to being undertaken. B. If any earthwork is to be suspended for any reason whatsoever for longer than 7 calendar days, the areas involved shall be seeded with vegetative cover or otherwise protected against excessive erosion during the suspension period. Suspension of work in any area of operation does not relieve the Contractor of the responsibility for the control of erosion in that area. PART 4-CONSTRUCTION PHASE 4.1 PRACTICES A. Avoid dumping soil or sediment into any streambed or watercourse. Backfill for stream crossings shall be placed dry and compacted to minimize siltation of the watercourse, where applicable. B. Maintain an undisturbed vegetative buffer where possible between a natural watercourse and trenching and grading operations. C. Avoid equipment crossings of streams,creeks, and ditches where practicable. PART 5-SEDIMENT CONTROL FEATURES 5.1 GENERAL A. All devices (silt fences, retention areas, etc.), for sediment control shall be constructed at the locations indicated prior to beginning excavation on the site. All devices shall be properly maintained in place until a structure or paving makes the device unnecessary or until directed to permanently remove the device. 5.2 DESIGN APPLICATIONS A. Mulch shall be used for temporary stabilization of areas subject to excessive erosion, and for protection of seed beds after planting where required. 1. Jute,mesh,etc.should be installed as per manufacturer's instructions. B. Silt fences shall be used at the base of slopes to restrict movement of sediment from the site. C. Riprap shall be used at the proposed outfall pipes as indicated on plans. D. Establish vegetative cover on all unpaved areas disturbed by the work. 1. Preparation of Seedbed. Areas to be seeded shall be scarified a depth of 6 inches 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. a. Lime—2 ton per acre b. Nitrogen—100 pounds per acre c. P2O5—200 pounds per acre 2. Seeding. Disturbed areas along roads and ditches shall be permanently seeded with 10- 20 pounds per acre of centipede during the period from March through September. Seeding performed during the period from April to August shall be temporarily seeded with 40 pounds per acre of German Millet. The permanent vegetative cover will be over seeded at the earliest possible time as specified above. 3. Mulch all areas immediately after seeding. Mulch shall be applied and anchored as specified hereinbefore. 5.3 MAINTENANCE A. The Contractor shall be responsible for maintaining all temporary and permanent erosion control measures in functioning order. Temporary structures shall be maintained until such time as vegetation is firmly established and grassed areas shall be maintained until completion of the project. Areas which fail to show a suitable stand of grass or which are damaged by erosion shall be immediately repaired. 5.4 REMOVAL OF SEDIMENT CONTROL DEVICES A. Near completion of the project, when directed by the Owner's agent, the Contractor shall dismantle and remove the temporary devices used for sediment control during construction. All erosion control devices in seeded areas shall be left in place until the grass is established. Seed areas around devices and mulch after removing or filling temporary control devices. 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S j a5 -'' U N c - U a) OZ E aiE aa) 2 't 'E co -s o o N -C E o d ° N 2 coi m e CO CD t 2 >,`•• c 41 m, ° U o o ❑ w= co E co N 92 N a) a)0 O,c o -o C Z O .2 3 w o c E o a c �a d � aa>o z . o -o `�- E N a) o N N - 7 Q c of o o L ▪ O _ .5. E E UHW ns0 o ❑ 3N o L 3 so w/ a y ° to aL+ R L N f°q L C °_L f/1 ° O. ai a c E w O I.fi j N fa a9 L •0 `1 O y D U a1 O,. Q'O 0 >4 a -C of ` 3 1 8 " tt 0 a) NU ° arc w a�i LL a) a) — No c a°i � °1 mdcIv0 3 0 ,- o Erma) Z d, .a C •m o N ° a) a co ° d O Cy C N d a) E L ° o �a c c m �t ate) cA m a) o o .--0 S 2 2 N 0 E `, a) °° a) ron `2 — o a `o �v 3 0 v I na) E 8 o E RI c� a m RI is J N ° c in Z� I y w a c a) Lo ° `° o,`° m m ZEE a�i ° � ° `° rn o Lsc om CO al c E L 9+.. L `) co'O O) l0 W N la O OI N C >. °0Lv C . o.� >, a)— as o o w E o .oN. E °� �"o -o C fa 1— ° c !a °Cr) w v v Q❑ la O-a m 0..a cn a) ` cg ao �m �; 3 c 2 c . c >'a`wi c .a, am N N •O•) a) a) a) cp 2 °_oc o0oyo co 0o Za a` o L.�v3 0 E �`a ? 0N mid '5ao o-2. Nv co > co 2 E co w y ° ° RE L c._ ia•o a) m Oa) o ooN.0- :CO = E - E H W E QN a E co o M av ( c8 - coo in `° o ff coi E o A a) 2 7 l) U co a'o d 2 y is f- m 'o o2 n cq o. ns a o 6. m r ID Vn c ° a O o mU e c c ot i9 o H S w c-• v 0, Zp � aE .5 0 L e CC Ws ❑ 0. w e c 'm a) o w t) .c o U U ❑ Z e V) o CZ Z. m 2 J a s CI A 9 I, Z El ■' 0 ° I40 W a, a) a. Ta a a .F) a a 2 in c 0 w a, a g o a c ▪ N 0 C La 'O w a. ❑ ❑ - ❑ ❑ a m a 0 a a m CO- 0 e ❑ z a s a m id c) 6 ❑ z a s a m id m 1 C.) 12 aw g• Elga a to ° oIn to _ a) co 0 A ° ZU Hydrologic Soil Group—New Hanover County,North Carolina 7245 Market Street Hydrologic Soil Group Hydrologic Soil Group—Summary by Map Unit—New Hanover County,North Carolina(NC129) Map unit symbol Map unit name Rating Acres in AOi Percent of AOI Le Leon sand ND 2.0 96.7% Se Seagate fine sand B 0.1 3.3% Totals for Area of Interest 2.0 100.0% Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups(A, B, C, and D) and three dual classes(A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential)when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture.These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate(high runoff potential)when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff. None Specified USDA Natural Resources Web Soil Survey 7/26/2016 r611. Conservation Service National Cooperative Soil Survey Page 3 of 4 Hydrologic Soil Group—New Hanover County,North Carolina 7245 Market Street Tie-break Rule: Higher t'Ss)A Natural Resources Web Soil Survey 7/26/2016 Conservation Service National Cooperative Soil Survey Page 4 of 4 REFERENCE DATA 9/28/2016 Precipitation Frequency Data Server NOAA Atlas 14,Volume 2,Version 3 '. Location name:Wilmington, North Carolina, USA* ,4+7 "..'t ' Latitude:34.2744°, Longitude: -77.8169° 'w; ''\ Elevation:44.95 ft** I *source:ESRI Maps - **source:USGS ",+ *''`r POINT PRECIPITATION FREQUENCY ESTIMATES G.M.BonnIn,D.Martin,B.Lin,T.Parzybok,M.Yekta,and D.Riley NOAA,National MatherService,Silver Spring,Maryland PF tabular I PF graphical I Maps & aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)1 Average recurrence interval(years) Duration 1 2 5 10 25 50 100 200 500 1000 5-min 0.522 0.620 0.725 0.807 0.911 0.989 1.07 1.15 1.25 1.34 (0.486-0.563) (0.577-0.668) (0.674-0.780) (0.747-0.869) (0.840-0.979) (0.908-1.06) (0.977-1.15) (1.04-1.24) (1.13-1.35) (1.19-1.45) 10-min 0.834 0.992 1.16 1.29 1A5 1.58 1.70 1.82 1.99 2.11 (0.777-0.899) (0.923-1.07) (1.08-1.25) (1.20-1.39) (1.34-1.56) (1.45-1.69) (1.55-1.83) (1.65-1.96) (1.78-2.14) (1.88-2.28) 15{nin 1.04 1.25 1A7 1.63 1.84 2.00 2.15 2.30 2.50 2.65 (0.971-1.12) (1.16-1.34) (1.36-1.58) (1.51-1.76) (1.70-1.98) (1.83-2.15) (1.96-2.31) (2.08-2.48) (2.24-2.69) (2.36-2.86) 30-min 1A3 1.72 2.09 2.37 2.73 3.00 3.29 3.58 3.98 4.29 (1.33-1.54) (1.60-1.86) (1.94-2.25) (2.19-2.55) (2.51-2.93) (2.76-3.23) (3.00-3.54) (3.25-3.85) (3.57-4.29) (3.82-4.64) 60-min 1.78 2.16 2.68 3.08 3.63 4.07 4.54 5.02 5.70 6.26 (1.66-1.92) (2.01-2.33) (2.49-2.88) (2.85-3.32) (3.35-3.90) (3.74-4.38) (4.14-4.87) (4.55-5.41) (5.12-6.15) (5.57-6.77) 2-hr 2.10 2.57 3.27 3.85 4.70 5A3 6.21 7.08 8.37 9A7 (1.94-2.30) (2.37-2.81) (3.01-3.57) (3.54-4.21) (4.29-5.12) (4.93-5.91) (5.62-6.77) (6.35-7.70) (7.42-9.12) (8.34-10.4) 3-hr 2.25 2.74 3.51 4.17 5.15 6.01 I 6.96 8.03 9.65 11.1 (2.07-2.47) (2.52-3.00) (3.22-3.84) (3.81-4.56) (4.68-5.62) (5.43-6.56) 1(6.25-7.59) (7.14-8.73) (8.48-10.5) (9.61-12.1) 6-hr 2.79 3A0 4.36 5.19 6A4 7.53 8.76 10.1 12.2 14.1 (2.58-3.07) (3.14-3.74) (4.00-4.79) (4.75-5.69) (5.85-7.04) (6.80-8.23) (7.86-9.56) (8.99-11.1) (10.7-13.4) (12.2-15.4) 12-hr 3.27 3.99 5.14 6.15 7.68 9.05 10.6 12.3 15.0 17A (2.99-3.62) (3.64-4.40) (4.68-5.68) (5.58-6.78) (6.91-8.45) (8.09-9.92) (9.39-11.6) (10.8-13.5) (13.0-16.5) (14.9-19.1) 24-hr 3.86 - 4.68 6.06 7.27 9.13 10.8 12.7 14.8 18.2 21.1 (3.51-4.30) (4.27-5.23) (5.51-6.76) (6.59-8.10) (8.19-10.2) (9.58-12.0) (11.1-14.1) (12.8-16.5) (15.4-20.3) (17.6-23.8) 2-day 4.58 5.54 7.11 8A7 10.6 12A 14.5 16.8 20A 23.6 (4.18-5.08) (5.06-6.14) (6.48-7.89) (7.69-9.40) (9.49-11.7) (11.0-13.8) (12.7-16.1) (14.6-18.8) (17.3-23.0) (19.7-26.7) 3-day 4.89 5.90 7.52 8.92 11.0 12.9 14.9 17.2 20.8 23.9 (4.47-5.41) (5.40-6.54) (6.86-8.34) (8.11-9.89)1 (9.93-12.2) (11.5-14.3) (13.2-16.6) (15.0-19.3) (17.7-23.4) (20.0-27.0) 4-day 5.20 6.27 7.94 9.37 11.5 13A 15.4 17.7 21.1 24.2 (4.75-5.75) (5.74-6.94) (7.25-8.79) (8.52-10.4) (10.4-12.7) (11.9-14.8) (13.6-17.1) (15.4-19.7) (18.2-23.8) (20.4-27.4) 5.98 7.21 9.06 10.6 12.9 14.8 16.9 19.2 22.5 25A 7-day (5.52-6.54) (6.65-7.88) (8.35-9.91) (9.74-11.6) (11.8-14.1) (13.4-16.2) (15.2-18.5) (17.0-21.1) (19.6-25.0) (21.8-28.3) 10-day 6.76 8.09 10.0 11.7 14.0 16.0 18.1 20.4 23.8 26.6 (6.25-7.35) (7.49-8.81) (9.26-10.9) (10.7-12.7) (12.8-15.3) (14.6-17.4) (16.4-19.8) (18.3-22.4) (21.0-26.3) (23.1-29.7) 20-day 9.05 10.8 13.1 15.1 17.9 20.1 22.6 25.2 28.8 31.8 (8.43-9.76) (10.0-11.6) (12.2-14.2) (14.0-16.3) (16.5-19.3) (18.5-21.8) (20.6-24.5) (22.7-27.4) (25.7-31.6) (28.0-35.2) 30-day 11.1 13.2 1 15.8 18.0 21.0 23.3 25.8 28A 31.9 34.7 _ (10.4-11.9) (12.4-14.1) (14.9-16.9J (16.8-19.2) (19.5-22.4) (21.7-25.0) (23.8-27.7) (•s y 3•• ) . , 3 . ) 45-day 13.8 16A 19A 21.9 25.3 28.0 30.8 .. . 40.7 (13.1-14.7) (15.4-17.4) (18.3-20.7) (20.6-23.3) (23.7-27.0) (26.1-29.9) (28.5-32.9) ( p0-36.1) 34.2- 0A) eill 16.6 19.6 22.9 25.6 29.1 31.9 34.7 7.5 •% 41. .0 60-day (15 7-17 6) (18.5-20.8) (21.6-24.3) (24.1-27.1) (27.4-30.9) (29.9-33.9) (32.3-37.0) (3'r. '-.0.1) (37.8-44.3) (40.2-47. 1 Precipitation frequency(PF)estimates in this table are based on frequency analysis of partial duration series(PDS). r Numbers in parenthesis are PF estimates at lower and upper bounds of the 90%confidence interval.The probability that precipitation frequency estimates(for a given duration and average recurrence interval)wiN be greater than the upper bound(or less than the lower bound)is 5%.Estimates at upper bounds are not checked against probable maximum precipitation(PMP)estimates and may be higher than currently valid PMP values. I Please refer to NOAA Atlas i4 document for more information. Back to Top. http://hdsc.nws_noaa.gov/hdsc/prds/pfds_orintpage.html?lat=34.2744&lon=-77.8169&data=depth&units=english&series=pds 1/4 SOSID: 1425439 Date Filed: 1/30/2015 4:28:00 PM State of North Carolina Elaine F.Marshall Department of the Secretary of State North Carolina Secretary of State C2015 029 00869 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to§57D-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: North Wilm Land. LLC (See Item I of the Instructions for appropriate entity designation) 2. 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.) Terrence J. Leifheit,Organizer 101 R Middle Street Jacksonville,NC 28546 3. The name of the initial registered agent is: Martin M Brennan. Esq 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 13801 Reese Blvd, West.Suite 110 City Huntersville State:NC Zip Code: 28078 County: Mecklenburg 5. The mailing address, if different from the street address, of the initial registered agent office is: Number and Street City State:NC Zip Code: County: 6. Principal office information: (Select either a or b.) a. 12(The limited liability company has a principal office. The principal office telephone number: 910-353-1221 The street address and county of the principal office of the limited liability company is: Number and Street: 101 B Middle Street City: Jacksonville State: NC Zip Code: 28546 County: Onslow CORPORATIONS DIVISION P.O.Box 29622 RALEIGH,NC 27626-0622 (Revised January 2014) 2 (Form L-01) The mailing address,if different from the street address, of the principal office of the company is: Number and Street: City: State: Zip Code: County: b. ❑The limited liability company does not have a principal office. 7. Any other provisions which the limited liability company elects to include(e.g.,the purpose of the entity) are attached. Privacy Redaction 8. (Optional): Please provide a business e-mail address: The Secretary of State's Office will e-mail the business automatically at me aaaress provide above at no cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered,please see the instructions for this document. 9. These articles will be effective upon filing,unless a future date is specified: This is the 29 day of January ,20 15 . Signature Terrence J.Leifheit,Organizer Type or Print Name and Title The below space to be used if more than one organizer or member is listed in Item#2 above. Signature Signature Type and Print Name and Title Type and Print Name and Title Signature Signature Type and Print Name and Title Type and Print Name and Title NOTES: CORPORATIONS DIVISION P.O.Box 29622 RALEIGH,NC 27626-0622 (Revised January 2014) 3 (Form L-0I) Multiple Member LLC Operating Agreement. Manager-Managed LIMITED LIABILITY COMPANY reive t)i'1. i.R ING AGREEMENT OF 2 zo!6 North Wilni Land,I_LC. A North Carolina Limited Iiability Company Dated as of June 30, 2016 North 'i.lnt Land, LLC.A North Carolina Limited liability Company OPERATING AGREEMI7NT This Operating Agreement(the "Agreement")is made and entered into and effective as of this 30th day of dune 2016,by and among Terrence J. L i Ieit(hereinafter referred to as ivkillb r A")and Joseph D. Fazio(hereinafter referred to as "Member B")(hereinafter referred to collectively as the "Members")and North Wilm Land, LLC, a North Carolina limited Liability Company(hereinafter referred to as the "I,I.C:"). RECI I'A1,S A limited liability company named North Wilco Land,LLC,a North Carolina Limited Liability Company was formed under the laws of the Stale of North Carolina(Hereinafter referred to its the "LLC"). The Articles of Organization were tiled on January 30.2015 with the North Carolina Secretary of State(hereinafter referred to as "Articles of Organization"). In consideration of the covenants and the promises made herein, the parties hereby agree as follows: SECTION 1: MEIN['IONS .1.11 "Agreement"means this Limited Liability Company Operating Agreement,as amended. 1.2 "Articles of Organization" means the Articles of Organization which were filed on January 30, 2015 with the North Carolina Secretary of State liar'the purpose of forming this TLC. 1,3. "Code"means the Internal Revenue Code of 1986. as amended. 1.4 "Capital Account" means the amount of a tvlember'S Capital Contribution,as adjusted, including but not limited to increases due to profits or. additional contributions and decreases due to losses and distributions. 1.5 "Capital Contribution" means any contributions of tangible valve. including but not limited to cash.,property, assets.etc.. by a Member to the capital of the 1..1.(•'. Under no circumstances shall any member be given credit for a capital contributioii that is based on.a me-mber's expertise. 1.6 "Capital Interest"mans a Member's right to Capital Contributions and any rights to a return of Capital Contributions. 1.7 "Financial interest"'means a right to share in the profits, losses. incomes, es.pcuses. or other monetary items and to receive distributions all allocations Jim the I..I:C but does not include fatty Capital C'ontributions or any rights to a return of Capital Contributions. 1.8 "1..1..C" means North Wilin Land. [ I..C'. a North Carolina I.invited Liability Company under the laws of the State of North Carolina. 1.9 "LLC Interest" means an ownership interest in the LLC, which includes the Financial Interest,the right to vote. the right to participate in management,and the right to obtain information concerning the I.1.0 and any other rights granted to a Member under the Articles of Organization or this Agreement. 1.10 "Manager" or "Managers" means the persons) elected, appointed,or otherwise designated in accordance with this Agreement to manage and operate the LLC. 1.11 "Member" means any person or entity who owns any interest in this LU.', is a party to this Agreement and is accepted as a member pursuant to this Agreement but does not.include any person who holds only a Financial Interest as a result of an involuntary transfer.or assignment ora transfer or assigunient in violation of this Agreement. 1.12 "Property" means any and all assets. in whole or in part, of the I.C.C. both tangible and intangible. 1.13 "Statute" means the North Carolina Limited Liability Company Act, as amended. SECTION FORMATION i 2.1 Formation(tithe LLC The LLC.was formed pursuant to the laws of'the State of North Carolina by filing the Articles of Organization with the North Carolina Secretary of State. 2.2 Name. The name of the LI.0 is"North Wilm Land, 1,1..C." The Manager shall operate the business of the LI.0 umber such name or use such other names as the Manager deems necessary provided that such names do not violate the statute. 2.3 Principal Office. The l.LC's principal place of business will he located at 846 Bell Fork Rd..Jacksonville.ille.NC 28540 or any other location as determined by the Manager. If the principal office is located outside the state of organisation, and • the 1IC has one or more business offices in the state of of:at aniration. the Manager shall tix and designate a principal business office in the stale of organization. Branch or subordinate office rimy be established at tiny time and at any place as the 'tlanagers may determine. 2.4 kern The L1.0 will continue to exist until ttmrnlinatctf or dissoiwd in accordance with its Articles of Organization or this Agreement. 2.5 Business Purpose. The purpose of the !J.C' is to engage in any lawful activities for which an LLC may be organized under the Stature. 2.6 Registered Agent.The I,LC'`s registered agent will he peony's Jville land. i.LC or any other person or entity Nv°ith an office in the state of organization as determined by the Manager. 2.7 Registered Office.The I.1.C"s registered ofiice will be the office orate registered agent located at 846 Bell fork Rd.. Jacksonville. NC 28340 or any other location within the state of organization as determined by the Manager. SECTION 3: MEMBERSHIP 3.1 initial Members. The initial Members of the 1..1.0 are those persons or entities set forth in this Agreement. 3.2 Additional Members. Additional persons or entities may be admitted to the I.T.0 as Members, and I.I.0 Interests may be issued to those additional Members,if all of LLC Interests of the current Members consent to the admission of the additional Members on such terms and conditions as determined by all of LTC .0 interests of the Members in accordance witli the Articles of Organization and this Agreement. All new Members must sign a copy of this Agreement and agree to be bound by the terms of this Agreement. 3.3 Liability to Third Parties. No Member shall be liable liar the debts,obligations.or liabilities of the I:I.0 to a third party unless the Member agrees in writing to be liable, 3.4 Authority. No Member has the authority or power to act for or on behalf of to bind,or to incur any liability on behalf of the I.LC except as provided in this Agreement 3.5 jWithdrawal iit dr wal.'ryNo�iMember�n has the right to withdraw from the 1..I.0 as a Member except as provided to this Agreement. However, a Member has the power to • withdraw but such withdrawal shall be deemed a breach of this Agreement. if a Member does exercise such power of withdrawal wal in breach of this Agreement,the Member shall be liable to the t.LC:and the other Members for all monetary damages as a result of the breach. including but not limited to direct. indirect, incidental, and consequential damages. 'the I.I.0 and the other.Members shall not have the right to prevent the s'ithrdrawiug Member from withdrawing through the use of an injunction or othcn • i e. SECTION 4: CAP(1: I. A(C(.)t:NTS 4.1 Initial Cotitdibt t oo . 1 he initial Members ers shall contribute Capital Contributions to the 1.I..0 equating to 50.0"'n from Member A and 50,0% trc,tn Member 11 and shall receive the followi+iu I.l.( Interest: Name: Contribution I..I.0 Interest 11 Terrence 3. Leif-licit 50% 51" 2) Joseph D. Fazio 50% 4trii} Total contributions are expected to he approximately$10,000;contributions will be due upon notification from the Manager and due sithin 5 business days of the date of the notification. 4.2 Additional Contributions. Except as specifically set forth in this Agreement. no Member shall be required to make any additional Capital Contributions. 4.3 Failure to Contribute. If a Member tails to timely provide a required Capital Contribution, the 1.1C may take such action as it deems necessary and appropriate including but not limited to instituting a court proceeding to obtain payment, reducing the Member's i..i,C Interest based upon the book value of the L.LC'ait the lime of the required capital contribution.or exercising any other right or remedy available at law or equity 4.4 Capital Accounts.A Capital Account (Itereinatl:er referred to as "Capital Account")shall be established and maintained for each Member. Each Member's Capital Account will be accounted fir separately and will be maintained in accordance with generally accepted accounting principles. I lowever.a Member who has more than one I.J.0 Interest shall have only one Capital Account that reflects all of that Member's I.l..0 Interest.If a Member validly transfers his or her LLC Interest.the Capital Account of the transferring Member shall carry over to the transibre'.e Member in accordance with the Code. 4.3 AdjustmentsJo Scapital Accounts,Each Member's Capital Account shall be adjusted as follows: (:t) Incirearses. Eaich Member's Capital Account shall be increased by: )capital contributions olcash and/or property a at:its agreed upon fair market value: (2)all items of 1..1..0 income and gain !including income and gain exempt from tax), th) Decreases, Each Member`• Capital Account shall he decreased by: t,I ) distributions of cash and/or property at its agreed upon air market value:, t2) all items of l.i..0 deduction and loss !including deductions and loss exempt iroau tiax). 4.6 Advances by Members. Members ivay, at any dine advance moneys to the LI.C. An advance is a loan from the Member to the 1..1..0 and shall bear interest at the prevailing interest rate. An advance is not a Capital Contribution. In the event all of the Members agree that an advance is required to continue the business of the I,I.C. Member A and Member B shall contribute 50e.'.°a,each.of said advance. In the event any Member shall nut contribute their share ot'the advance ithin (tt) days of the agreement to advance said sum, the nou-advancing Member's share of ownership can he purchased by the advancing Member based up the book value of their interest to fund said advance. 4.7 Preemptive Rights,Each Member of the 1.I:C shall he entitled to full preemptive or preferential rights,as such rights are defined by law. to subscribe for or purchase his or her proportional part of any additional or future Ilk' Interests which may he issued by the I.I.C. 4.$ Return of Capital. No Member shall have the right to withdraw or obtain a return of his or her capital contribution except as provided in this Agreement. The return of a Member's capital contribution may not he withdrawn in the form of property other than cash except as provided in this Agreement. 4.9 Personal C utLrtantces for 1„I.,C Wee utims, 'the Members acknowledge that personal guarantees will he required to obtain loans. if requested, for the construction and improvements to be constructed cm the property to be acquired by the LLC. The Manager is directed to attempt to obtain pro rata personal guarantees based upon the percentage of ownership in the L1.0 as soon as practical after all improvements have been placed on the property. In the event a Member, as a result of its personal guarantee. shall he required to pay the principal or interest°la loan tier the LI.0 and such payment. as a percentage of the total payments then made on the loan, is in excess of a Member's LLC Interest,the excess portion of the Member's payment shall be treated as an. additional Capital Contribution under Section 4.2,and the Member's Capital Account Shall he adjusted in uceordance with Section 4.5. Additionally. such Member's LLC Interest shall also be adjusted accordingly,. SECTION 5: ALLOCATION OF PROFITS ANI) LOSSES AND DISTRIBUTIONS 5.l Determination of Profits and Losses. Profits and losses shall mean net income and net loss as determined by the hooks and records of the I.I.0 which shall be kept in accordance with generally accepted accounting principle. 5.2 wj. to ations Except as provided in the Code, all items of income, resena#es. deductions. [waim and loss shall be allocated pro rata in accordance with a Member's Contribution percentage. 5.3 Qualified Income Ofisel. Notwithstanding the above,if a Member unexpectedly receives any adjustments, allocations. or distributions described in Treasury Regulations § I.704-1(h)(2)(ii d)(4). t5)01.46)or any amendment thereto,or receives an allocation of loss which produces a negative Capital Account for any Member while any other Member has a positive Capital Account, then the items of[,1:C: income shall be specially allocated to such Member that the deficit Capital Account is eliminated. This paragraph is intended to constitute a "qualified income offset" within the meaning of treasury Regulation § I.704- 1(b)(2)(ii)(d). 5.4 Minimum Gain C"hargL'hack.. Notwithstanding the above.if there is a net decrease in LIC minimum gain during a taxable year.each Member shall be specially allocated, before any other allocation. items of income and gain for such taxable year (and. if necessary, subsequent years) in proportion to each Member's share of the net decrease in Li.0 minimum gain as determined in accordance with Treasury Regulations § 1.704-2(g)(2). This paragraph is intended to comply with the"minimum gain chargehack"provisions of Treasury Regulations § 1.70 2(It. 5.5 Section 704(c)Allocation, Notwithstanding the above, to the extend that Code 704(e)is applicable to any item of income, gain, Ioss, and deduction with respect to any property (other than cash)that has been contributed by a Member and which is required to be allocated to such Member for income tax purposes,the item shall be allocated to such Member in accordance with Code § 704(e), 5.6 'Distributions. Distribution of[.LC Assets and property shall be made only upon unanimous agreement of the Members, SECTION(: MANAGEMENT 6.1 Management, The 1,1.C shall he managed by a Manager who shall be responsible for the management of the LLC's.business and affairs. 6.2 Place of Member Meeting . Meetings of the Members shall he held at any place within the United States designated by the Members and stated in the notice of the meeting. if no place is so specified. Members'meetings shall be held at the principal office. 6,3 Special Member er Me., s. A special iYlemieg of the Members may he called at any time by one or more Members holding Intetests wllre:h. in the aggregate. constitute nut less than forty percent (40%)of the Ilk Interests. A request for a special meeting of the Members shall be in wilting. specifying die time and place of the meeting and the general nature of the business proposed to be transacted. .N he notice shall to delivered accot fatnee with paragraphs 6.4 and 6.5 below. 6.4 Notice of.Meinhers\eetiiigg. ;All lank:es of meetings of Members:drill he suit or other`vise given in accordance with paragraph 6.5 below and not less than ten (I Q1 nor more than sixty(60)days before the date of the meeting being noticed. The notice shall specify the place,date, and hour of the meeting and (a) in the ease of a special meeting,the general nature of the business to be transacted. or t b) ttl the case of the annual meeting. those mailers which arc intended to be presented for action by the Members. If'a meeting or meeting notice contains(i)a contract or transaction in which a Member has a direct or indirect Financial Interest. (ii)an amendment of the Articles of Organization.tiii)a reorganirc.ttion of the I.i.C,or (iv)a voluntary dissolution of the I.I,C. the notice shall state the general nature of such contract. transaction. amendment or proposed action. 6.5 Manner crl'tiiving Notice; Affidavit u1 Notice. Notice of any meeting,ot. Members shall be given either personally, by tint class mail. Ihesimile, telegraphic,or other written eotnrniulication,charges prepaid.addressed to each Member at the address of each Member appearing on the books of the.l.1.t.'or more recently given by the Member to the LI.0 for the purpose oh'notice. Notice shall be deemed to have been given at the time when delivered personally. deposited in the mail.or sent by facsimile.telegram,or other means of written communication. If any notice addressed to a Member at the address ol'such Member appearing on the books of the I.J..0 is returned to the TIC by the United States Postal Service marked to indicate that the United States lksttal Service is unable to deliver the notice to the Member at such address,all future notices or reports shall be deemed to have been duly given without further mailing if the same shall be available to the Member upon written demand ofthe Member at the principal office of the T.1..0 for a period of one(I)year from the date of the giving of such notice. An affidavit of the mailing or other means of giving any notice of any Members'meeting shall be executed by the Member giving such notice. and shall be filed and maintained in the books and records ot'the L.L.C. 6.6 Conduce;_ofMdrtrber Meetings. All meetings of the Members shall be presided over by the chairman of the meeting who shall he designated by a majority of the Members at the meeting. The chairman of the meeting shall determine the order of business and the procedures to be followed at the meeting. 6.7 Member Quorum. The presence, in person or by proxy,of the holder( e)of all of the I_LC Interests shall constitute a quorum at all meetings of the Members-for the transaction of business. 6.8 Member'Voting. Each Member shall have a number of votes equal to the percentage of L1,C interest held by such Member.However,sever, if a Member is not entitled to vote on a specific matter.then such Member's number of votes and 1.1.0 Interest shall not he considered li,r purposes of determining whether a quorum is present,ore.herther approval by vote of the Members has been obtained. with respect to such specific matter. An aggregate of tifly-one percent (.51"..i„)or more of the I_l.t.' Interests shall be required to approve any action, unless a greater or lesser note is required pursuant to this Apra nieiit or by Statute. Any Member entitled to vote on any matter may vote part of the votes in 1hvor of the proposal and refrain from voting the remaining votes or vote them against the proposal.but if the memberfails to specify the number of votes such Member is voting affirmatively. it will be conclusively presumed that the Member's approving vote is with respect to all votes the Member is entitled to vote. 6,9 Adjourned Member Meeting and Notice Thereof: Any Miember's meeting, annual or special,regardless ss of whether a quorum is present. may be adjourned from time to time by the vote of a majority of the LLC Interests represented at such meeting, either in person or by proxy.but in the absence of a quorum, no other business may he transacted at such meeting. When any meeting of Members, either annual or special, is adjourned to another time and place.notice need not be given of the adjourned meeting if'the time and place thereof are announced at the meeting at which the adjournment is taken, unless a new record date for the adjourned meeting is fixed,or unless the adjournment is for more than five(5)days from the date set for the original meeting, in which ease the Members shall set a new record date. Notice of any such adjourned meeting, if required,shall he given to each Member entitled to vote at the adjourned meeting in accordance with paragraphs 6.4 and 6.5 above. At any, adjourned meeting,the LLC may transact any business which might have been transacted at the original meeting. 6.10 V4'a iver of Notice or Consent by Absent Members. The transactions of any meeting of Members, either annual or special,however called and nsticed,and whenever held. shall be as valid as if it had occurred at a meeting duly held after regular call and notice, if a quorum be present either in person or by proxy.and if, either before or after the meeting,-each person entitled to vote but not present in person or by proxy,sips a written waiver of notice, a consent to the holding of the meeting,or any approval of the minutes thereof. The waiver of notice or consent shall state either the business to he transacted or the purpose of any annual or special meeting of Members. All such waivers,consents, and approvals shall be tiled with the LLC's books and records. Attendance of a person at a meeting shall constitute a waiver of notice of such meeting, unless such person objects at the beginning of the meeting. 6.11 Member,Action by Written tten Cpnse tttWithout a Meeting. Any action which may be taken at an annual or special meeting of Members may be.taken without a meeting and without prior notice, if consents in writing,setting forth the action so taken. are signed by Members holding LI.0 Interests representing the;aggregate number of votes equal to or greater than the minimum number of votes that Neould be ncccssary.to authorize or take such action at a meeting at which all f..L,C Interests entitled to vote thereon were present and voted. Alt such consen be tiled with the L.LC's books and records. 6.12 Proxies., Every Member entitled to vote shalt have the right to do so either 4 person or by one or more agents authorized by a etrittcn proxy signed by the Member and filed with the l.l.C. A proxy shail he revocable unless the prom ' specifically states t.i,;tt it is irrevocable. 6.13 Voting Trusts, it'arn Member tiles a voting trust agreement with the l.l.(. , the I.l.t' shall lake.,notice of its terms and trtiatec limitations. 6.14 ivfana : The [.l._C shall be managed by one(I) Manager.until chap„tid by an amendment to this Agreement, who shall be responsible for the management of the l..f.C"s business and affairs.The Manager must be aMember-of the l..I_U. The initial mzrviscr shnr he Member A. Terrence J. Leilheit. 6.15 Election and Term of Office of Managers. Manager shall he elected at the annual meeting of the Members and will hold office until the next annual Members' meeting. In voting for the Manager.each Member shall have a number of votes as determined in paragraph OS above, times the number of Manager positions. The candidate for each Manager position who receives the most votes shall he the elected Manager for that position. Cumulative voting for the election of Managers is permitted if one or more Members present at the meeting gives notice. before the voting begins. of their intention to accumulate votes(i.e.. cast for any candidate a number of votes greater than the number of votes which that Member would normally be entitled to cast). If anyMember has given such notice. and if the candidates'names have been placed in nominations,then all Members entitled to vote may.accumulate their votes, giving any nominated candidate a number of votes equal to the number of Managers to her elected multiplied by the number of votes to which that Member is normally entitled,or distributing the cumulative number of votes among any or all of the candidates. The elected Managers shall be those candidates(up to the number of Managers positions open for the election) • receiving the most votes. 6.16 Vacancies.A Manager vacancy shall be deemed to exist if: (a)a Manager dies, resigns,or is removed by the Members;I h)the Managers,if any,declare a Manager vacancy: (c)the authorized number of Managers is increased,or(d)if at a Members'meeting the Members fail to elect the full authorized number of Managers. However,no reduction of the authorized number of Managers shall have the effect of removing any Manager prior to the expiration of his or her term of office. Vacancies are to he filled by election at a special meeting of the Members in accordance with Section 6:cifthis Agreement. 6.17 Resignation,-Anv Manager may resign effective.upon the delivery of written notice to any Member, unless the notice specifies a latter effective date. (;.t 8 General Manager. lithe Members unanimously-elect more than one Manager, the Members shall designate one of the Manager;as the General Manager, The General Manager shall preside at all meetings of the Members. The General Manager shall have the general powers and duties of management typically Vested in the office of president of a corporation.and such other powers and elut.ie,s a may he prescribed by the Members. Designation of more than one manager require (i.19 Powers,The Manager has general supervision,direction. and control of the business of the l.lX, In addition.subject to the provisions ions of the state of organi ation's law. any limitations in the Articles of Organization and this Agreement relating to actions requiring approval by the Members,the Manager may make all decisions and take all actions on behalf of the L,I:C not otherwise provided for in this Agreement including but not limited to the following: la) select and remove all employees ol'the LLC: prescribe any powers and duties for the Officers that are consistent with law, with the Articles of't rganiration. and with this Agreement; (h} change the principal business office from one location to another within Onslow County, North Carolina: qualify the LLC to do business in any State,territory,dependency,or country: and designate any place within the United States for the holding of any Members' or Managers" meetings; (e) borrow money and incur indebtedness on behalf of the LEA.'.and cause to he executed and delivered for the LLC's purposes, in the LLC name, promissory mites. bonds, debentures,deeds oftrust.mortgages, pledges, hypothecations. and other evidences oi'debt and securities; - (d) call a meeting annual or special oldie Members at any time upon notification as set forth in paragraphs 6.4 and 6.5 above: (e) enter into, make, and.perform contracts and agreements which bind the LLC.that are necessary and appropriate in the ordinary course of business of the LI.C: to open and maintain bank and investment ant accounts and designate authorised persons to sign cheeks or drafts or give instructions concerning those accounts: (g►) maintain the assets of the LLC; • • collect.sums due and owing to the l.l:C; tie pay the debts and obligations of the LLC; (.it acquire,use,and dispose of assets during the ordinary enurses Of'hct<,in s- 6,20 limitation on Powers. 1.xecpt by unanimous written agrecinetit of the Members. a Manager of the L .4:' shall not have the authority to: • (tip enter into any ag;reetnciit contract. or commitment on hehait of the 1I.C` which would obligate any Member to fund additional capital,to guarantee a loan, Or to Increase a Member's personal liability eithei to the 1..L.0 or t o a third party: fb1 to bornm or enter into any agreement which shall result in liability+:►t'the L.LC in c.Cess OrS50,000; to l materially alter the business of the l..l.:C'.deviate from any approved business plan of the l.l.0 as set forth in this AL.reenieat. or perform any action which would make it impossible to carry on the hu iness of the l._1C; (d) pert rm any action tlittt is contrary to this Agreement; (e) place title to any I.1.0 asset or property in the name of a nominee or sell. lease,pledge, hypothecate.or grant security interest in any 1..1..0 asset or property, except in the ordinary course of business; (t commingle LLC funds with the funds of any other person or entity: ill confess a judgment against the l..LC:; (h) admit any person as a Member.except as otherwise provided in this Agreement; fi,l attempt to dissolve the L.1.C. ti.21 Place:of Manager Meetings. N/A 6.22 Matta er Meeting. immediately following any meeting of Members. the Manager shall hold a regular meeting for purposes of organization. the election of Officers, if any.and the transactions of other business. Notice of such meeting shall not he required. 6.23 Other Regular Meetings. Other regular meetings of the Manager may be held without call at such time as determined by the Managers. Such regular meetings may be held without notice. 6.24 Special Manager Meetings. N.•A 6.25 M jgerQuorutn. N/A 6.26 Manager Voting. NIA 6.27 Waiver o Notice. NIA 6.28 Adjournment, A majority of the Managers present. regardless of whether constituting a quorum. may adjourn any meeting to another time and place. 6.29 Notice of.AdjOgninent Notice cat"the tune and place of holding and ad ourncd meeting need not be given, unless the meeting is adjourned for more than twenty- four(24)hours.i.n which case notice of such time and place shall be given, prior to the time of the adjourned meeting.to the Managers who were not present at the time of the adjournment. 6.3(1 Action Without Manager Meeting. NIA 6.31 Fees and Compensation of Managers. Manager may receive such compensation, if any, for their services,and such reimbursement of expenses as may he fixed or determined by the unanimous consent of the Members. Nothing herein contained shall be construed to preclude arty Nhuaaager tre+aa serving the 1.1.0 in any other capacity as an anent,employee.or otherwise, and receiving compensation for such service upon the same unanimous written consent of the Members. 6.32 L.,iability to Child Partie s. No Manager shall be Iiaible for the debts. obligations. or liabilities of the I.I..0 to a third party unless the Manager agrees in writi.n to be liable. 6.33 Standard of Care.: t.ht¢rility_ Each Manager shall ese:reisc Such powers and otherwise perform such duties in good faith. in the matters such Manager believes to be in the best interests of the 1.1:C', and %vine such care including reasonable inquiry. using ordinary prudence. as a person in a like position would use under similar circumstances. In periistTtting the duties of a Manager, a Manager shall be entitled to rely on information. opinions. reports, or statements, including financial statements and other financial data, in which ease prepared or presented by: (a) one or more Officers or employees of the l.LC who the Manager believes to he reliable and competent in the matters presented; (h) counsel, independent accountants. or other persons as to matters which the Manager believes to be within such pe:rsoifs prolessional or expert competence;or (c) a Committee upon which the Manager does not serve,as to matters within its designated authority,which Committee the Manager believes to merit confidence,so long as in any such case, the Manager acts in good faith, after reasonable inquiry when the need therefore is.indicated by the circumstances,and without knowledge that would cause such reliance to be unwarranted. 6.34 Committees. (aa) Matmger Committees.The Managers may. by resolution adopted by a majority of the authorized number of Managers,designate one or more committees,each consisting of one or more Managers, to serve ait the pleasure of the Managers. The Managers may designate one or Managers as alternate members Ufany committee.Any such committee. to the extent provided in the resolution of the Managers,rs, shall have all the authority ol'the Managers. (I") Meetings and Actions of Manager Committees. Meetings and actions of Manager Committees shall be governed by the above paragraphs applicable to meetings and actions of the Managers as to place of meetings.regular meetings.special meetings.waiver of notice,quorum,adjournment,notice of adjournment,and action by written consent without a meeting,with such changes in the context of those paragraphs as are necessary to substitute the committee and its members for the Managers, except that: ti)the lime ot'regular committee meetings may be determined by either resolution of the Managers or by resolution of the committee: inittc,:e: (ii special commit:a:I meetings nmay also be called by resolution of the Managers;(iii) notice of special committee meetings shall also he given to all alternate members: and (iv)alternate members shall have the right to attend all meetings of the committee The Managers anity adopt rules. not inconsistent with this Agreement. for the governance of Manager Committees. SECTION 7: TRANSFER AND ASSIGNMIAT O1: Ll_C IN IERESTS 7.1 t'tansfer or Assignment of Members Interest. Except as otherwise provided in this Agreement, no Member may transfer andtor assign, in whole or part, his or her 1.LC Interest at any time. For purposes of this Agreement transfer shall mean sale, exchange. ,assignment, alienation,disposition, gift: pledge. hypothecation, encumbrance. or grant of security interest in the t_IC' Interest. 7.: Consent to Transfer_No transfer or assignment of an t.I.0 Interest.or any part thereof: will be valid without the express written consent of all of the IA.(.7 Interests,excluding the Member proposing to transfer or assign his or her IIC Interest. If an l.l..0 Interest is transferred or assigned without the consent of all of the I_LC Interests, the transferee shall lithe no rights in.nor may participate in, the management or operation of the business and Obits of the I.,I.0 nor have the right to become a Member of the I.I C Any transfer or assignment of an I IC Interest without the proper consent shall only aihct a transfer or assignment of the Member's Financial Interest, and the transferring Member shall still he hound to the terms of this Agreement. If a transfer or assignment does obtain the require consent. then the transferee shall he admitted as an additional Member pursuant to this Agreement. SECTION K: BOOKS AND RECORDS 8.1 Maintenance of Books and ReRecords. The; I.,1.0 shall establish and maintain appropriate books and records of the I.LC in accordance with generally ace,a pted accounting principals. There shall be kept at the principal office of the 1.1.0 and the registered office of the [IC.' if different.the following l.l..0 documents: (a) a current list of the name and business or.residence address of each Member and his or her Capital Contribution and I.l.0 Interest; (b) a current list of the name and business or residence address of each Manager.it'tmy; Terrence J. Leiflteit, $( Bell Fork Rd, Jacksonville, NC_2.8540 (e) a copy of the Articles of Organization and this Agreement and any amendments thereto: (d) copies oldie I.LC's federal,state. and local income tax or information returns, Warty, for the past six fiscal years: to.) copies of the financial statements of the 1.1_C, Ilion.. for the past six fiscal years. to originals or copies of all minutes.knolls by written Consent, consents to action. and waivers cal notice to Members. Member cotes, actions and consents; and tgi any other information required to be maintained by the 11C pursuant to the state of organizatio»s LTC statute. 8.2 Annual Accounting. Within ninety days after the close of each fiscal year of the I.I.C. the LLC shall cause to he prepared and submitted to each Member a balance sheet and income statement for the preceding fiscal year of the I.,I.0(or portion tlxreof)in conformity with generally accepted accounting principles and provide to the Members all information necessary for them to complete federal and state tax returns: 8,3 Inspection and Audit tights. Each Member has the right, upon reasonable request, for purposes reasonably related to the interest of that Member, to inspect and copy during normal business hours any of the l.l.0 hooks and records. Such right may be exercised by the Member or his or her agent or attorney. Any Member may require a revie4 and%or audit of the books. records, and reports of the 8.4 Bank Accounts. All funds of the LL.0 shall he deposited in the LIC's name in such banks as determined.by the Managert.$). All checks. drafts. or other orders for payment of money.notes, or other evidences of indebtedness. issued in the name of or payable to the 1.1.0 shall be signed or endorsed by such person or persons and in such manner as,from time to time,shall be determined by.the Manager(.). 8.5 Fiscal Year. The LI:C's fiscal year,shall end on December 31. 8.6 Accounting Method. Dear financial reporting purposes, the books and records of the Ll..0 shall be-kept on,the accrual method of account applied in a consistent manner and shall reflect all transaction of the L1..C`and be appropriate and adequate for the purposes of the 1.LC. SI'CTIO:N 9: TAXATION 9.1 Tax Year. The 11..C.'s taxable year shall end on December 31. 9.2 ILA Matters Partner. A majority of I.I.0 Interests at a meeting of the Members shall appoint a Tax Matters Partner pursuant to Code*6231 to represent the I.A.C. The Tait Matters Partner,on behalf of the I.LC.shall oversee the I..I,C tax affairs in the overall best interests ot'the 1.1.0 and mule all elections for federal income tax purposes. The fax Matters Partner shall have all necessary federal and state income and information tax returns prepared and filed on behalf of the 1.I.C. The determination of the Tax Matters Partner as to adjustments to the financial reports,books. records. aid returns of the l..l..C. in the absence tit ii.sutt or gross negligence, shall he final and binding upon the I:EC and all of the Members. SECTION 10: INDEMNIFICATION TIONi 10.1 Definitions: Agents.,Proceedings,and Expenses. For the purposes of this Agreement,"Agent" mc.uis any person mho is or was a Member, Manager. Officer.employee,or other agent of this 1,1�C: "Proceeding" means any threatened,pending or completed action or proceeding.whether civil,criminal. administrative,or investigative: and"expenses"means any and all costs. lies. and expenses including but not limited to court costs and attorney's fees. 10.2 Actions Oth er Thank`the 1,1.0. The l.l.0 shall indemnitY and Mild harmless any person or Agent who was or is a party.or is threatened to be made a party.to any Proceeding(other than action by or in the right of this 1.1..(')by reason of the fact that such person is or as an Agent ot'this 1,1.C. against expenses.judgments. lines. settlements. and other amounts actually and reasonably incurred in connection with such Proceeding, if that person acted in good faith and in a manner that person reasonably believed to be in the hest interest of this I.l..(',and. in the case of criminal proceeding,had no reasonable cause to believe his or her 'conduct was unlawful The termination of any Proceeding by judgment. order, settlement,conviction, or upon a plea of nolu contendere or its equivalent shall not,of itself,create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the hest interests of the LLC or that the person had reasonable cause to believe that his or her conduct wax unlawful. 10.3 Actions by the LLC. (a) This I.LC shall indemnitly any person or Agent who was or is a party,or is threatened to be made a puny. to any threatened. pending.or completed action by this 1.1,C to procure a judgment in its favor by reason of the fact that the person is or was an Agent of this 1,1,C,against expenses, actually and reasonably+ incurred by that person or Agent in connection with the defense or settlement of that action if that person or Agent acted in good faith, in a manner that person or Agent believed to be in the best interests ot'this LLC,and with such care, including reasonable inquiry,as an ordinary prudent person in a like position would use under similar circumstances. (b) No indemnification,however, shall be made under this Section: (i) with respect to any claim. issue or matter as to which that person or Agent shalt have radjuctg,ed to he liable to this 1.1..0 in the performance of person's nrAgoats duty to the 1.1.C. unless the court in which that action was brought shall d tontine upon application that the person or Agent is fairly and reasonably entitled to indemnity fcyr the expenses which the court shall determine: tit)ibr amounts paid in settling or otherwise disposing of a threatened or pending;action. with or without court approval: or(iii) for expenses incurred in defending,a threatened or pending action which is settled or otherwise disposed of without court approval. 10.•3 Sitec ssfttl I.)ef nse by Agent. to the extent that an Agent of this IJ.0 has been successful on the merits in defense of an Proceeding. the Agent shall he indemnified against expenses actually and reasonably incurred by the Agent in connection with the Proceeding. 10.5 Required Approval, Any indemnification under this Beata ion shall be made by the .1,1.0 only if authorized upon a determination by a majority vote of the L1..0 Interests of Members who were not parties to the proceeding at a duly held meeting of the Members at which a quorum is present. 10.6 Asiy°an_c .cst i.x en;es,Expenses incurred in defending any Proceeding may he advanced by the LLC before the final disposition of the Proceeding upon receipt of an undertaking by or on behalf of the Agent to repay the amount of the advance unless it shall be determined ultimately that the Agent is entitled to be indemnified. 10.7 Other Contractual Itiohts. Nothing contained in this Section shall affect any right to indemnification to which Agents of this LIC or any subsidiary may be entitled by contract, by vote of the Members.as a matter of law or equity.or otherwise. 10.8 lnsurant.e: The L.,LC may,upon a determination by the Members,purchase and maintain insurance on behalf ofany Agent of the 1.I,C against any liability which might be asserted against or incurred by the Agent in such capacity,or which might arise out of the Agent's status as such,regardless of whether the I.LC would have the power to indemnify the Agent against that liability. 10.9 Amendment to State of Organizations Laws. In the event that the state of organizations law regarding indemnification ol'Members, Managers, Directors, Officers,employees, and other Agents of an Lit,as in effect at the time of adoption of this Agreement, is subsequently amended to in any way,that increases the scope of permissible indemnification beyond that set lbrth herein, the indemnification authorized by this Section shall be deemed to be coextensive with the maximum afforded by the slate otorganizaiion's law as so amended. SEC"l ION I t: 1.I.0 CEft fliIC;V1 I.S Issuance ofl.LC Certificates, Each Memo is I.I.0 Interest shall he represented b} an LLC Certificate. Upon the execution of this Agreement and the payment of the Capital Contributions by the Member,the Manager(sI shall have the I-.t_.(.' issue one or more l_l..0 Certificates in the name of each Member ecrtil'inu that the named Member is the record holder of the I_I.0 Interests. 11.2 Transfer of I C Certificates, An LLC Interest which is transferred in accordance with the terms of this Agreement shall be transferable on the hooks of the l.t.. '. However, the trsansf'er of an LI.C: lntete'st shall not be entered until the previously issued L1.0 Certificate representing such 11C Interest is surrendered to the [IC and canceled and a replacement l..I.0 Certificate is issued to the assignee of such 1...If interest. 11.3 lost Stolen.or Destroyed Certificates,The l,1.0 shall issue a new I..1..0 Certificate in place of any 1.A.t. Certificate previously issued if the holder of the 1.1,C Certificate satisfactorily proves that a previously issued LI.,C' Certificate has been lost. destroyed, or stolen. If a Member fails to notify the 1.I.0 within a reasonable time after it has notice of the loss.destruction, or theft of an LLC Certificate.and a transfer of the I.LC Certificate,and a transfer ofthe !IC Interest represented by the LLC Certificate is registered before receiving such notification, the 1..I.,C shall haw no liability with respect to any claim against the LLC for such transfer or for a new IIC Certificate. Sl-CC I'I()N 12: TFRMINATION AND DISSOLUTION 12.1 Dissolution. The LLC shall be dissolved upon the occurrence of any of the following events: (a) the expiration of the period fixed in the Articles of Organization:• (h) the written consent of all-of the LIS' Interests: (c) the death, withdrawal.resignation,expulsion.bankruptcy or dissolution of a Member, or the occurrence of any other e =ent which terminates the Member's continued membership in the LLC,unless the business of the [ I.0 is continued by the consent of all of the remaining LI&Interests within ninety (90)days of the happening of that event. 12? Notice of Winding Up. Upon the occurrence of any of the events specified above, the LLC shall execute and tile a Notice of Winding Up. if required csith the Secretarv/J.)epartment of State of the State of North Carolina. 12.3 Conduct of Business.i pon the occurrence of any of the events specified above.a majority of the Members (excluding those Members who caused the dissolution event)shall appoint one or more of the Manager(s) to act as liquidator and wind up all LLC business and affairs. However,the I:1.:C shall continue to exist until a Articles of Dissolution have been filed Nvith the Secreta y:Department ot'State of the State of North Carolina or until a decree dissolving the l.l_.0 has been entered by a COW of competent,jurisdiction. 12,4 Distribution of Net Proceeds. t'pon the+.' a.°ttrri:nce of any of the events specified above and the completion of the funding up of 1.1.0 business and.affairs,the assets of the 1.:1.0 shall he promptlY liquidated and distributed to the following order: (a) to the payment of creditors,excluding Members, in the order of priority as provided by law; (b) to the payment of loans or advances made by the Members; (e) to the Members in proportion to their Capital Accounts after adjustments for all allocations of net profits and net loss. Where the distribution consists both of cash and non cash assets.,the cash shall be distributed first, in descending order, to the above categories. With respect to the noncash assets. which distribution values are to be based on the lair market value of the noncash asset as determined in good faith by the liquidator,the liquidator may sell the noncash assets and distribute the cash proceeds or distribute the assets in kind. in descending order.to the above categories. 12.5 Termination. The I.LC shall be terminated upon the distribution of all assets. 11te Manager(s)shall cause the I.I.0 to tile Articles of Dissolution with the Secretary of State of the State of North Carolina or take any other actions necessary to terminate the I.I.C. SECTION 13: AMI;NT MFN'1'S 13.1 Amendments by Members. This Agreement may be adopted.amended.altered. or repealed by the vote or written consent of all of the E..L.0 Interests at a meeting of the Members. SECTION 1'1Ot 1,: GENERAL PROVISIONS 4.1 Entire Agreement/Modification. This Agreement contains the entire understanding of the parties with respect to the subject matter of the Agreement.and it supersedes all prior understandings and agreements, whether written or oral,and all prior dealings afthe parties with respect to the subject matter hereof. This ! Agreement. in whale or in part.cannot be changed, modified,t itended,ar discharged orally and no waiver of compliance with any provision or condition hereof and no consent provided for herein shall be elTe'etive unless evidenced by an instrument in writing duly executed by the party against whom enforcement of any waiver,chance. modification,extension,or discharge is sought.Further,no consent or wni 'er.express or implied. to or orally breach or default shall constitute a Consent or waiver to or of an' other breach. 14.2 Partition. Each Member agrees that he or she has no right. and irrevocably waives any and all such rights. to have the.sets of the 1.t..C° partitioned. or to tile a complaint.or institute and maintain any proceeding at law or equity to have the assets of the I.l.0 partitioned. 14.3 Further Actions. Each of the Ntenihers agrees to execute,acknowledge. and deliver such additional documents. and take such further actions. as may reasonably be required from time to time to carry out each oft e provisions and the intent of this Agreement.and every agreement or document relatint hereto, or entered into in connection herewith. 14.4 Severability. If any provision of this Agreement or the application thereof to Lily,: person or circumstances shall be invalid or unenforceable to any extent.the remainder of'this Agreement and the application ot'such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 14.5 Successor and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors. legal representatives,and assigns. This Agreement may not be assigned by any party without the express written consent of the other parties. 14.6 Notices. All notices, requests,demands,and other communications made hereunder shall be in writing and shall he deemed duly given if'delivered or sent by telex, facsimile. or registered or certified mail., postage prepaid. as follows,or to such other address or person as the party may designate by notice to the other party hereunder. 14.7 Attorney's Fees. In the event of any litigation, arbitration or other dispute arising as a result of or by reason of this Agreement; the prevailing party in any such litigation,arbitration or other dispute shall be.entitled to, in addition to any damages assessed,its reasonable attorney's fees,and all other costs and expenses incurred in connection with settling or resolving such dispute, 14.8 Arbitration. (a) Broad Arbitration Clause. Any dispute, claim or controversy arising out •of this operating agreement will be settled by arbitration in Jacksonville, North Carolina. Such arbitration shall be conducted in accordance with the rules of North Carolina. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to he arbitrated.Any award issued as a result of the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. N twith,standing this provision;the aggrieved parity shall be entitled to injunctive.andior equitable relief in a court of competent jurisdiction. All costs and expenses of the arbitration. including reasonable attorney's fees.shall be allocated among the parties as determined by the arbitrator. 149 Construction. 'throughout this Agreement. the masculine. feminine. or neuter genders shall he deemed to include the masculine. f itaiitii4a.and neuter and the singular. the plural. and vice versa. The section headings of this Agreement are for convenience or reference only and do MA a part hereof and do not in any way modify, interpret, or construe the intentions of the parties. 14.10 .Execution and C;'p atcrparts. i liis Agreement mac be executed in several counterparts each of which shall he deemed to be an original.and all such counterparts when taken together shall constitute on and the same instrument. 14.11 Governing Law_ Ibis Agreement shall be governed by.and interpreted in . accordance with the laws of the State of North Carolina. The parties hereby agree that any legal action or proceeding shall he bought in the courts ot'the Slate of North Carolina. The parties timber agree to submit to the jurisdiction of the State of North Carolina and consent to the service of process in accordance with applicable procedures and rules of said jurisdiction. IN WITNESS WHEREOF, the parties hereto hart caused this Agreement to he duly executed this 30th day of June.2016. 7 7 • ett J. - -- - Joseph 1?'../1=tr io tue- c ibv- BK: RB 5990 1111113111111111111111 PG: 795-799 RECORDED: 2016024101 Ng-7 C FEE 26 00 08-01-2016 NEW HANOVER COUNTY,NC OF NC • 02:53:46 PM TAMMY THEUSCH BEASLEY REAL ESTATE BY:STEPHANIETY PEREZ REGISTER OF DEEDS EXTX$1600.00 DEPU NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax:$1,600.00 Parcel Identifier No.R04400-002-036-000 Verified by County on the day of ,20 By: Mail/Box to: Grantee This instrument was prepared by: George E.Hollodick Brief description for the Index:7245 Market Street,Wilmington THIS DEED made this 7 fir], day of July,2016,by and between GRANTOR � GRANTEE OGDEN HOLDINGS,LLC,a North Carolina limited NORTH WILM LAND;LLC,a North Carolina limited liability company liability company 1131-B Military Cutoff Road 846 Bell Fork Road Wilmington,NC 28405 Jacksonville,NC 28540 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. WITNESSETH, Grantor,for a valuable consideration paid by Grantee,the receipt of which is hereby acknowledged,has and by these presents does grant,bargain,sell and convey unto Grantee in fee simple,all that certain lot,parcel of land situated in New Hanover County,North Carolina and more particularly described on as follows: See Exhibit A attached hereto and made a part hereof("Property"). None of the property herein conveyed includes the primary residence of a Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. Grantor covenants with Grantee,that Grantor has done nothing to impair such title as Grantor received,and Grantor will warrant and defend the title against the lawful claims of all persons claiming by,under or through Grantor,other than those listed on Exhibit B: SEPARATE SIGNATURE PAGE FOLLOWS Page 1of4 BTM:640996v1 PREPARED BY/RETURN TO: THE MACDONALD LAW FIRM,PLLC 1508 MILITARY CUTOFF RD.,STE 102 WILMINGTON,NC 28403 IN WITNESS WHEREOF,Gran.:s duly executed the foregoing as of the day and year first above written. OGDEN HOLD ., By: b Jason D.Swai�7��ra i - ..•:.• State of North Carolina-County of Nov W n ev cr I,the undersigned Notary Public of the County of Newl4inover and State aforesaid,certify that Jason D. Swain, personally came before me this day and acknowledged that he is the Member/Manager of OGDEN HOLDINGS, LLC, a North Carolina limited liability company,and that by authority duly given and as the act of such entity,he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this ZVI day of 3 uly,2016. My Commission Expires: kfr 1% 426, WZA til/[ 41 fi Notary Public (Affix Seal) Notary's Printed or Typed Name `y`14`CAs'°c. 0 AR PUBOG a= S. ' 1/77410VIER vv0 •iiiiiPage 2 of 4 BTM:640996v1 EXHIBIT A Being the Mowing tract and parcel located in New Hanover tmaty,North Carolina: BEGINNING at an iron pin located in tho western right-often line of Market Sheet (US Hwy 17)sand imn pin bed the=thug oat of property owned,now m by lay Patterson and Charlotte Patterson(Book 5707, Page 1134); mince with the ewers line of Patterson North 50 deg.05 min.30 sea Went 495.01 feet to an ken rod,acid iron rod behrg in the line of property owned,now or fly,by Coswald,LLC(Book 4883,Page 903k thence with the line of Coawald the following two(2)ooaetea awl MOM (1)North 42 deg.31 min. 38 nee.East 167.49 feet to an icon rod;sad(2)South 53 deg.21 min.42 sec.Est 477.27 feet to as hun pin located in the western lino of Market beet;thence with the weaken line of Madzt boot South 36des 42 min,42 sea West 19U4 feet to tepoint and place ofBI1GJ KING and Wallace Pared 7245 Market Shed-US Hwy 17"prepared by Peramounte Engineering dated December 14,2014,Job No. 14400,reference to which is hereby made for a more pattaailar description. Page 3 of 4 BTM:640996v1 EXHIBIT B 1.2016 and subsequent years ad valorem taxes; 2.Any easements and restrictions of record; 3. Easement to Tide Water Power Company recorded in Book 278, Page 145, New Hanover County Registry; 4. Communication Systems Right-of-Way Easement Agreement in favor of American Telephone and Telegraph Company recorded in Book 1426,Page 25,New Hanover County Registry; and 5.Easement twenty(20)feet in width to AT&T,a portion of which lies along the northwestern line of the Property as shown on survey by Paramounte Engineering, Inc. entitled "Property Survey Mary L. Wallace Parcel" dated December 19,2014. Page 4 of 4 BTM:640996v1 TAMMY THEUSCH New Hanover County w� �r BEASLEYn �y `4 r Register of Deeds < 'I % h Register of Deeds 4 , . ° Vi n ;'� 11 1\ 1 . I 320 CHESTNUT ST SUITE 102 • WILMINGTON,NORTH CAROLINA 28401 \) Telephone 910-798-4530 • Fax 910-798-7751 •'t`'ungio, . _ 011. '1/2c' .T-It ... :".cil:\ I ,PA.1 .-- - .:1-"' \ 1 --... li ...,-. ..,:::.,,...ii.:i:s\. , . .; . 1,L2 .. f le-, 1 _ . �:. ` • ' i ' .. il i :.1.2:". . . .i : Li_l . - It: l�� ,o co°�,-909 ��a,.a��n r��'Sd.J 'I f;'i' � State of North Carolina, County of NEW HANOVER Filed For Registration: 08/01/2016 02:53:46 PM Book: RB 5990 Page: 795-799 5 PGS $1, 626. 00 Real Property $26.00 Excise Tax $1,600 .00 Recorder: STEPHANIE PEREZ Document No: 2016024101 DO NOT REMOVE! . This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. USGS MAP .... usesUS DEUPICTUNN.T.S.).F TIsilivIST;EINOR 11•6wNS•0 SCOTTS HILL PUMPS-ANGLE bentbe.,4.`,-•...91 US TOPO 6061110.66.236 7 1.NINVIN RIES .... • t P . . s'1... . . . • r.1 I I g , ..„......• .., , . $ 1 1 .... \ . \ SF .71 \ . ‘.... \.... 1/4. 5., • • \ 4 -." -',.- \ 45,11, V,ro ,.. \ : . • - \ . - . 1 • Imam t \-•,„a/ INN i •••••• \ . 6 '.. 4.1141144 ", \ . -...... . n,. .. . . •. .. -,.. ., . . , ''...---'...."".......%4%"3/4.........._......-•"""°.°// ' .. -.... - Me:11M - . 7. •..-9 • . .., sr ' _ ,../.0.",- Is V t. / i t a 11 t. V • i 1 : I ; 1 i . •••,t ....... . .... ,.... 12' • •As • . I • 1 • , • 2 i ,. i ..., i . . 1 :.. , . .: . .:-..1 i Peltb ..•••••.• ••••'''.. ......,,.. . , • • . SS...... . ' .• I s, % . , .. ... 1 i f .,.. ... F ral: Weed WELMINGTON reliam A &art 31 ..- s .: ? t ...., 4 P ' ',•• § .-A•i• MI' ',DOW.yore v..NA.sweapra Aner• . SCALE 114 OCC ,,,,,,..„..,„•-,,,,,, 1,...........Nam at WI...at . .. ........• :,?..":7t*".$4:71:76==7.1::7.4. ;Iv ry'LY - 8.., --....-- •K /or..a.•nor,.........6......,.. -WE,. — ••-- •- — --- ..--.--- --.., -....- ...,,..,... ....... C:...... .,...=,..1,..r..r.r...-...1.:••:-...1;....trz.r..!..-- . . ir: T.-...1...-=. :J.- -• ,...... .,......r..r.; :..: Elii ...,`""'''.7=1.r.:.,...., 1• , , ;:r.T.:."•—....:::"' -r........:14=.=g.: ,. .__. !......e B; - . I — :......... /. • . r...A.A........ SCOFFS NIEL.NC 201.1, M;3 CALCULATIONS i co IasiN 111 (Nt a ti (U � t) I Ln l0 a) Ln a) I' a) ce Q L N -C Z `v � N a C Ma E 0 a) O +-' a� N fO Z _ L N C a) � I 0 al 1 44< Z • n3 ..... P4 v • a Z Icwc < ct c U uw L`�s, v 4 CLr) O) N1- NCOaimmoLno m •(MIS .-� +-i01NI� 0OM � � � � � C Cr .1 0 CO 0 Cr 0 't 0 Ci rn rn O ,1 v -J U J jj �, J = C E 'a (n i p N =1w s II On II II p o m � � n Co C II a) o Ly rO v v. -c r LL O e to a„1 r� N! Q L N OCOu_ N L. to > a E 'y LH Li Z r o A Qw C ® c:l 10 II j !i O C Q II 0 ',,� II :6, 7 O ra C p- R MS > > O C N —IG) — cz +, O E >, L II II M c 2 Q a o v ly o @J ai C a✓ > c C c co = m w w Q N o �' la v o i o - a CQ O w ° Z ZO FCc C� 0.a) IIrn > c.- aUu? wow ® Qo .emu EE ca"i2o H � � z Eadc Eo g3. 2 300 o.1) o' a� m 4 .O o f o 2 > AA I- E o = v o v = 1- o o `L° aUaao . mmwocnQ mo ,.., o ococ > wcn ammo K 2S ) Post ( Parcel A) AP UG Infiltration c t SEP 2 9 2�ti Witte- _—= i i Subcat (Reach 'on• Link Routing Diagram for 16178.PE-7245 Market Street-State UG Infil L �� Prepared by Pararnounte Engineering, Inc., Printed 9/28/2016 _ HydroCAD®10.00-11 s/n 08877 ©2014 HydroCAD Software Solutions LLC 16178.PE - 7245 Market Street - State UG Infil Type III 24-hr 10-Yr(Type III) Rainfall=7.27" Prepared by Paramounte Engineering, Inc. Printed 9/28/2016 HydroCAD® 10.00-11 s/n 08877 ©2014 HydroCAD Software Solutions LLC Page 2 Summary for Subcatchment 2S: Post (Parcel A) Runoff = 9.22 cfs @ 12.00 hrs, Volume= 25,045 cf, Depth= 6.20" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-72.00 hrs, dt= 0.01 hrs Type III 24-hr 10-Yr(Type III) Rainfall=7.27" Area (ac) CN Description * 0.918 98 Impervious 0.097 39 >75% Grass cover, Good, HSG A 0.097 80 >75% Grass cover, Good, HSG D 1.112 91 Weighted Average 0.194 17.45% Pervious Area 0.918 82.55% Impervious Area Subcatchment 2S: Post (Parcel A) Hydrograph 10: © Runoff g_ Runoff=0.22ofs@12.00hrs Tye HI 24-hr 8= _ 10-Yr(Type III) Rainfall=7.27" 7- Runoff Area=1.11112 ac I w unotf Voiufia=25;045 of Runoff-.Depth=5.20" 5 tc=0.0 min iz 4_ 1 GN=9'1 3 _ - • 2= - • r._ / 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 Time (hours) SEP 2 9 2015 16178.PE - 7245 Market Street - State UG Infil Type III 24-hr 10-Yr(Type III) Rainfall=7.27" Prepared by Paramounte Engineering, Inc. Printed 9/28/2016 HydroCAD® 10.00-11 s/n 08877 ©2014 HydroCAD Software Solutions LLC Page 3 Summary for Pond 4P: UG Infiltration Inflow Area = 48,439 sf, 82.55% Impervious, Inflow Depth = 6.20" for 10-Yr(Type III) event Inflow = 9.22 cfs @ 12.00 hrs, Volume= 25,045 cf Outflow = 0.96 cfs @ 12.50 hrs, Volume= 25,045 cf, Atten= 90%, Lag= 30.0 min Discarded = 0.96 cfs @ 12.50 hrs, Volume= 25,045 cf Primary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Routing by Stor-Ind method, Time Span= 0.00-72.00 hrs, dt= 0.01 hrs Peak Elev= 45.58' @ 12.50 hrs Surf.Area= 10,160 sf Storage= 9,026 cf Plug-Flow detention time= 80.0 min calculated for 25,041 cf(100% of inflow) Center-of-Mass det. time= 80.0 min ( 849.7-769.7 ) Volume Invert Avail.Storage Storage Description #1 43.45' 9,665 cf Stone Bedding (Prismatic)Listed below (Recalc) 25,400 cf Overall - 1,237 cf Embedded = 24,163 cf x 40.0%Voids #2 44.08' 769 cf 15.0" Round CI. II Perf.15" ADS N-12 Pipe Inside#1 L= 627.0' 1,108 cf Overall - 1.5"Wall Thickness = 769 cf #3 44.08' 98 cf 8.0" Round ADS 6" Perf N-12 Pipe Inside#1 L= 280.0' 129 cf Overall - 0.6"Wall Thickness = 98 cf 10,532 cf Total Available Storage Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 43.45 10,160 0 0 45.95 10,160 25,400 25,400 Device Routing Invert Outlet Devices #1 Discarded 43.45' 2.000 in/hr Exfiltration over Surface area Conductivity to Groundwater Elevation = 41.42' #2 Primary 45.65' 48.0"W x 12.0" H Vert. Orifice I Box Opening C= 0.600 Discarded OutFlow Max=0.96 cfs @ 12.50 hrs HW=45.58' (Free Discharge) L1=Exfiltration ( Controls 0.96 cfs) Primary OutFlow Max=0.00 cfs @ 0.00 hrs HW=43.45' (Free Discharge) L2=Orifice/ Box Opening ( Controls 0.00 cfs) 16178.PE - 7245 Market Street - State UG Infil Type !I! 24-hr 10-Yr(Type III) Rainfall=7.27" Prepared by Paramounte Engineering, Inc. Printed 9/28/2016 HydroCAD® 10.00-11 s/n 08877 ©2014 HydroCAD Software Solutions LLC Page 4 Pond 4P: UG Infiltration Hydrograph 1-1 Inflow ,' Inflow Area=48,439 sf a Outflow 10=' ,," Inf ow=,a2z'cfs-@..12.00 hrs ❑ Discarded 9_ • outflow=0.96;cfs @ 12.50 hrs Riscar,ded=0.96'cfs 012.50 hrs 0 Primary • $F.-' ' i - -_.- - _Primarx=0.00 cfs @ 040 hrs T - I Peak Elev=45.58' 7= - - . Storage=$,026 ci N U 6- , 5- LT, 4 , 3 . 2-- 1 = /,� imiL •->/:f///%%////'F,' !/f/17. ./// ...?/:////!f!/%/f//,' • .///// ... 0 vi �f/�11 J/: ��7.77,727/7/f,77//1J/7/74'41e// 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 Time (hours) 1!ECEflECEr: - . SEP29213 Li BY: ---- - .. i NSi , / . 0 / � CO C•1) / ©. k 17 / u F-i-4 1 2 2 - G o Eta; k 0 rY a) -0 0EL.). 0 § ■ ' \ i } a) 0 cc c § 0 2 E E ....,l< © 2 g4 { a 4‹ 2 w / z c � � � ok ��� l� . d d 2 ¥ ,, as < > co N u _ « « o u u u » In U "G 2 in Lr).Ln « ala) o 'Dnorlia � � r co u Ni-fa LA' 2Ln ¥ r. q � 03 © N � � _ � pN � - 6 N • N _ U10 § f do o ��� � �1- / - � ogoom a) > ��� C « ■ II & @2 ii E ) J Il aTj ceeLn o 0 0Ln ƒ m 5 2 � D Dq � � � 7 _1 II I' II 2 0 21 Mco / 6 c 3 2 II a) K ■ .. 2 Z q &•n m 0c m iY .- >- ■ < 2 _ 0 & t c 2 II > E o E o 1 11 . > e 2 k -J 2 a-- § § \ 2 2 cu E og k � g _ a k .. 4. E ƒ § � � / § 7 � � � _ � � E E o C § § 2 ciii 2 0 n ¢ R R % al o o @ .2 a) a c « o w R 2 2 2 w w fa G 2 @ o- ■ U g o g p - 0 2 n 3 6 6 2 .. 2 ¥ £ t o § E E 0 1- f Tr Tr l- a) 2 ■ 2 ® � ® 1_ c © E o . § % e k 1 ' fu U= > • - E - = Z \ $ k 03 I a5Qac uv) & QV) « anO / / JJ > w � ammo SOILS REPORT (BY OTHERS) LMG LAND MANAGEMENT GROUP inc. Environmental Consultants April 12, 2016 Tim Clinkscales, PE Paramounte Engineering, Inc. 5911 Oleander Drive, Suite 201 Wilmington,NC 28403 Reference: Stormwater infiltration study for the proposed stormwater BMP areas for the Ogden Holding Tract, Wilmington,NC. Tim: On Tuesday, April 12. 201 Land Management Group, Inc. evaluated the proposed stormwater basin areas for the Ogden Holding Tract site located at 7425 Market Street, Wilmington,NC. The purpose of the evaluation was,to describe the soil profile, quantify the depth to the seasonal high water table (SHWT), quantify infiltration rates for the project engineer. The site boundary and soil boring locations are shown on the Google Earth aerial in Figure One. 2. • S2 ; SB 1 • Soil Boring Locations • Figure 1 Appendix A contains the soils map from NRCS. The soil profile descriptions in Appendix B show all recorded depths from the existing surface. LMG was asked to provide the infiltration rates for each boring location. The sites were evaluated at a depth that is 24 inches above the SHWT, where feasible, which is the required separation by NC DENR DWQ. The results for the borings are shown in Appendix B. All profiles have infiltration rates in excess of 0.52 in/hr. Additionally, SHWT are greater than 45 inches below the soil surface. The official published description and physical and chemical data for the Leon and Seagate soil series are shown in Appendix C for comparison. The seasonal high water table is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. There is evidence of redoximorphic features at 45 to 49"in both borings. Table two shows contemporary SHWT for each boring. In summary,this site has areas that are proposed for stormwater basin placement. These areas have soils with contemporary seasonal high water tables from 45 to 49" in both borings from the soil surface as shown in Table Two. 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 I may be reached at 910-452-0001, 910-620-1137 or at cturner@a,lmgroup.net Sincerely, edeol G. Craig Turner Vice President Land Management Group, Inc '' '*'""` 3 805 Wrightsville Ave., Suite 15 r Wilmington,NC 28403 910-452-0001: Office 910-452-0060: FAX a ;� 910-620-1137: Cell cturner@ lmgroup.net N.C. Licensed Soil Scientist,#1091 - -- . www.lmgroup.net• info@lmgroup.net•Phone: 910.452.0001 •Fax: 910.452.0060 3805 Wrightsville Ave.,Suite 15,Wilmington,NC 28403 Appendix A Test Area Map p Sod Map—New Hanover CoLnh.North Carolina i (Ogden Holding Tract) E ..0,:e -.Ike 4--. . ..:. .._ ..... ... —• —. - . . •' . • r •'-' N . • •—- . w ... . .• • .1i .? • • .. "10 . • /0 . , .„ . . . .:_•-• • •• ,, . 1, • \\.. . , • ./ III:d filif C. N . \\\•.1/".. : . . • :., ..;, . ,• - •.• .- -.• .,--. . ,. • 4.4- • , ,,,,, : • ....... i t ;44 . .. •■• Cy • 4*..., ei.r ,. OP ...,.... . ,.:.„., 6 ri "v. " .., . . •:1 I. .1- .. ...•. i 1 • 7 , - • - 1,1/4.2 r --'''• '-,....' • - .9. . ..... .. . •., , .. ... . . 7. • • •-. - • .6 11••li A'hi • - . • ..- -• •• P i Map Sals kiZiliipmelonAimsleinilr.WNW& II E. 4 wwwwwwo, A D iciet 21 IMO MO limppepftretliplimokr Camwsedn.U.WOW Wm=WINIZons Urn MEM igg Naawal Resseeces Web Sod Survey 4/12,2016 Mahood)Cooperabve Sod Survey Pape 1 013 :".'..••• ••••••:. !'-Tract Map Unit Legend ticit41Cantql:nt 44125 N'.3p%mit SyrrItAL 1 Mzp,Una Nam I Aims WAGS 1 Amami al AI31 ! DO Daman sails 1.5 L 232%1 i LB f I 413.2%[Lean sand , 3.2! I Se ;;•;,),.--°-One sand 1 1.5 1 i rf.a96 1 f Taillals for Area of loftiest SS I MA%1 Appendix B Soil Profile Descriptions TABLE TWO: Ogden Holding Tract , I _ I t 1_.___M........ E. BORING* HORIZON: DEPTH COLOR EWTIOWT TEXTURE 1 STRUCTURE CONSISTENCY PLASTICITY PERMEABILITY Onlhh r SB 1 Fill 0-15 10 YR 413,5/4 loamy fine sand w,fine,sbk friable f non-plastic 2-3 SB 1 A 15-20 10 YR ., 211 7n loamy fine sand single-grained! friable _ non-plastic 2-3 SB 1 E1 20-24 10YR 4/1 j...— loamy fine sand single-grained friable non-plastic >4 SB 1 E2 24-38 10 YR 712 r loamy fine sand single-grained friable non-plastic >4 SB 1 BW 38-49 10 YR 6/2,5/1 . fine sandy loam w,fine.sbk friable non-plastic 0.75-1,25 mcss to single SB 1 BH 49-55 10YR 3H 49/>72 loamy fine sand friable non-plastic 1 grained I 0.75-1.25 SB 1 BC 55-72 10 YR 4/2 1 loamy fine sand single-grained friable non-plastic I 1-2 goring ter €dated at 72' ' Physical Water>72"on 04-12-2016 I I �y BORING 31 HORIZON: DEPTH (" COLOR EWTIOWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY I SB 2 F.i 0-9 10 YR 4/3.3/2 loamy fine sand w,fine,sbk friable non-plastic 2-3 SB 2 A 915 10 YR.7/1,4/1 loamy fume sand single-grained friable non-plastic 2-4 - SB 2 E 15-28 r 10 YR 8/1 loamy fine sand ,single-grained I friable non-plastic >4 i SB 2 BHI 28-34 I _ 7.5 YR 4/3 loamy fine sand single-grained t friable non-plastic 1-2 SB 2 BH2 34-38 10 YR 3/1 loamy fine sand sin le-grained friable i non-plastic 0.75-1.25 SB 2 E' 38-45 10 YR 6/2 loamy fine sand 'Mlle-grained friable non-plastic 2-4 SB 2 _ BH' 45-58 10YR 3/2,2/1 45/72 loamy fine sand single-grained friable non-plastic 0.5-1.0 SB 2 BC 58-72 10YR 4/2 loamy fine sand sinqle-gralned - friable non-plastic ' >2 Boring terminated at 72" Physical Water.>72"on 04-12-2016 i 7 SHW":<,,.45" -1 i TABLE THREE BORING#1 LAT LON 1 134° 16'29.79 77°49' 00.95 2 34°16'31.07 77°49'02. 88 Appendix C Published Description and Chemical and Physical Properties Of the Leon and Seagate Soil Series LOCATION LEON FL+AL GA MD MS NC SC VA Established Series Rev. AGH, GWH, DL, JNS; GRB 03/2014 LEON SERIES The Leon series consists of very deep, very poorly and poorly drained,moderately rapid to moderately slowly permeable soils on upland flats, depressions, stream terraces and tidal areas. They formed in sandy marine sediments of the Eastern Gulf Coast Flatwoods (MLRA 152A),the Atlantic Coast Flatwoods(MLRA 153A)and to a lesser extent in the Southern Coastal Plain(MLRA 133A) and the North-Central Florida Ridge(MLRA 138).Near the type location,the mean annual temperature is about 68 degrees F., and the mean annual precipitation is about 65 inches. Slopes range from 0 to 5 percent. TAXONOMIC CLASS: Sandy, siliceous,thermic Aerie Alaquods TYPICAL PEDON: Leon sand, in a forested area(Colors are for moist soil). A--0 to 4 inches; 70 percent black(10YR 2/1) and 30 percent light gray(10YR 7/1) sand; weak fine granular structure; very friable;many fine, medium,and large roots; many clean sand grains give a salt-and-pepper appearance; very strongly acid; clear smooth boundary. (2 to 9 inches thick) Eg1--4 to 10 inches; gray(10YR 6/1) sand;common medium faint very dark gray(10YR 3/1) streaks and splotches of organic matter accumulations deposited in former root channels and krotovinas,ranging from about 20 percent in upper part to 0 percent in lower part; single grain; loose; many fine,medium, and large roots;very strongly acid; clear wavy boundary. Eg2--10 to 15 inches; gray(10YR 6/1) sand;20 percent faint light gray(10YR 7/1)oval splotches of organic matter depletions; single grain; loose; few fine and medium roots; very strongly acid; abrupt smooth boundary. (Combined thickness of the Eg horizons range from 2 to 22 inches) Bh1--15 to 18 inches; 50 percent dark brown(7.5YR 3/3) and 50 percent black(7.5YR 2.5/1) sand; weak medium and coarse subangular blocky structure; firm; common fine and medium roots; many fine and medium pores; more than 95 percent of sand grains have organic coatings; extremely acid; clear smooth boundary. Bh2--18 to 22 inches; dark brown(7.5YR 3/4) sand;weak medium and coarse subangular blocky structure; firm; few fine and medium roots; common fine and medium pores; more than 95 percent of sand grains have organic coatings; extremely acid; clear wavy boundary. (Combined thickness of the Bh horizons ranges from 4 to 50 inches) Bw and Bh--22 to 25 inches; 80 percent(Bw) dark yellowish brown(10YR 4/4)and 20 percent(Bh)dark brown(10YR 3/3) sand; very weak medium and coarse subangular blocky structure;very friable; common fine and medium pores; very strongly acid; clear wavy boundary. (0 to 15 inches thick) Eg and Bh--25 to 30 inches; 95 percent(Eg) weak red(2.5YR 5/2)and 5 percent(Bh) dark brown(7.5YR 3/3) sand; single grain; loose; common fine and medium pores; very strongly acid; diffuse irregular boundary. (0 to 10 inches thick) E'g--30 to 42 inches;pinkish gray(7.5YR 7/2) sand; single grain; loose;very strongly acid; clear wavy boundary. (0 to 36 inches thick) B'h--42 to 77 inches; 50 percent very dark brown(10YR 2/2)and 50 percent dark yellowish brown(10YR 3/4) sand; weak medium and coarse subangular blocky structure; friable; common fine and medium pores;very strongly acid; clear wavy boundary. (0 to 50 inches thick) B'w and B'h--77 to 108 inches; 60 percent(Bw)brown(10YR 4/3), 40 percent Bh of very dark brown(10YR 2/2)and very dark grayish brown(10YR 3/2) sand; very weak medium and coarse subangular blocky structure; very friable; common fine and medium pores;very strongly acid. TYPE LOCATION: Bay County, Florida.USGS Panama City Beach topographic quadrangle. Approximately 1.2 miles north of U.S. Highway 98, about 2.7 miles south of West Bay in Panama City Beach, Florida. SW 1/4, Sec. 20; T. 3 S., R. 15 W. 30 degrees 12.0 minutes 19.9 seconds N.; 85 degrees 46.0 minutes 20.4 seconds W. RANGE IN CHARACTERISTICS: The Bh horizon is within 30 inches of the soil surface. Reaction ranges from extremely acid to slightly acid throughout. In tidal areas, the soil reaction ranges from very strongly acid to moderately alkaline throughout. The A or Ap horizon has hue of 7.5YR or 10YR,value of 2 to 4, and chroma of 1 or 2; or is neutral with value of 2 to 4. When dry,this horizon has a salt-and-pepper appearance due to mixing of organic matter and sand grains. A thin 0 horizon of muck is present in some pedons. Texture is sand, fine sand,mucky fine sand,or mucky sand. The E horizon, where present, has hue of 7.5YR to 2.5Y, value of 4 to 8, and chroma of 3 to 4; or is neutral with value of 5 to 8. Streaks and splotches of organically enriched material in shades of black to gray range from common to many. Texture is sand or fine sand. The Eg or E'g horizons,where present,have hue of 7.5YR to 2.5Y,value of 4 to 8, and chroma of 1 to 3. Redoximorphic features of oval faint splotches(depletions)range from none to many. Streaks and masses of organic matter accumulation(Bh material)in shades of black to brown range from none to common. Texture is sand or fine sand. A transitional horizon may be present between the lower E horizon and the Bh 1 horizon. Where present, it has hue of 10YR or 2.5Y, value of 2 to 5, and chroma of I to 4. Thickness ranges from 0.5 to 7.0 inches. Texture is sand or fine sand. The Bh horizon has hue of 5YR to 10YR,value of 2 to 6, and chroma of 1 to 4; or is neutral with value of 2 to 4. This horizon burns white on ignition. Texture is sand, fine sand, loamy sand or loamy fine sand. The Bw horizon, where present,has hue of 5YR to 10YR, value of 2 to 6,and chroma of 1 to 4; or is neutral with value of 1 to 5. Streaks and masses of organic matter accumulation(Bh material) in shades of black to brown range from none to common. Texture is sand or fine sand. B'h, B"h. B"'h horizons, where present, have similar colors and textures as the Bh horizon but occurs below the BE, E', E" and E"'horizons. The C horizon, where present,has hue of 7.5YR to 2.5Y, value of 4 to 8,and chroma of 1 to 6. Texture is sand or fine sand. COMPETING SERIES: The Talquin and Witherbee series are the only known series in the same family. They are on similar to slightly higher positions. In addition, Talquin soils have a spodic horizon less than 6 inches in thickness and the somewhat poorly drained Witherbee soils have less than 0.06 organic carbon in the upper 12 inches of the spodic horizon. GEOGRAPHIC SETTING: Leon soils are on upland flats, depressions, stream terraces and tidal marshes of the lower Atlantic and Gulf Coastal Plain. They formed in thick beds of acid sandy marine sediments. The climate is humid subtropical. Slopes range from 0 to 5 percent. The average annual temperature ranges from 66 to 70 degrees F., and the average annual precipitation ranges from 61 to 69 inches at the sample location. GEOGRAPHICALLY ASSOCIATED SOILS: These include the Allanton, Cnaires, Chipley, Croatan, Dorovan, Foxworth, Hurricane, Kershaw, Kureb, Lakeland, Lynn Haven. Mandarin,Mascotte.Cr ustee. Ortega.Osier. Pactolus. Pamlico,Panf..ego, Plummer, Portsmouth, Pottsburg. Res;ita,Ridgeland,Ridgewood, Rutlege, Sapelo. Scranton, Surrency and Wesconnett series.Allanton, Hurricane and Pottsburg soils have a spodic horizon at depths greater than 50 inches. In addition,Allanton soils are on lower positions and have umbric epipedons, Hurricane soils are somewhat poorly drained and on higher positions and Pottsburg soils are somewhat poorly to poorly drained and on similar to slightly higher positions. Chaires, Mascotte, Olustee and Sapelo soils are on similar positions but are underlain by argillic horizons under the Bh horizon. Chipley, Foxworth,Kershaw, Lakeland,Ortega and Ridgewood soils are on higher positions and lack spodic horizons. In addition, Chipley and Ridgewood soils are somewhat poorly drained, Foxworth soils are moderately well drained to excessively drained,Kershaw, Kureb and Lakeland soils are excessively drained and Ortega soils are moderately well drained. The very poorly drained Croatan, Dorovan and Pamlico soils are on lower positions and are organic. Lynn Haven soils are on similar positions but have an umbric epipedon. The somewhat poorly drained Mandarin soils are on higher positions. Osier soils are on flood plains and lack spodic horizons. The somewhat poorly to moderately well drained Pactolus soils are on higher positions and lack spodic horizons. The very poorly drained Pantego, Pickney, Portsmouth, Rutlege and Surrency soils are on lower positions and lack spodic horizons. In addition, Pantego, Pickney, Rutlege and Surrency soils have umbric epipedons. Plummer soils are on similar to lower positions and are grossarenic. Ridgeland and Wesconnett soils and lack E horizons between the A and Bh horizons. In addition, Ridgeland soils are on slightly higher positions and are somewhat poorly drained while Wesconnett soils are in lower depressional areas and are very poorly drained. The moderately well drained Resota soils are in higher positions and have weakly expressed spodic horizons. The poorly drained Scranton soils are on similar to slighter higher positions and lack spodic horizons. DRAINAGE AND PERMEABILITY: Poorly drained and very poorly drained; moderate to moderately rapid permeability in the A and E horizons,moderate to moderately slow permeability in the Bh horizons, and rapidly permeable in the other layers. USE AND VEGETATION: Most areas of Leon soils are used for forestry, rangeland and pasture. Areas with adequate water control are used for cropland and vegetables. The natural vegetation consists of longleaf pine, slash pine,water oak,myrtle,with a thick undergrowth of sawpalmetto,running oak, fetterbush and other lyionia,inkberry (gallberry), wax myrtle, goldenrod, ligustrina, dog fennel, chalky bluestem, lowbush blueberry, creeping bluestem and pineland threeawn(wiregrass). In depressions, the vegetation is dominated by brackenfern, smooth sumac and swamp cyrilla are common. Vegetation in the tidal marshes includes bushy seaoxeye, marshhay cordgrass, seashore saltgrass, batis, and smooth cordgrass. DISTRIBUTION AND EXTENT: The Atlantic and Gulf Coastal Plain from Mississippi,Alabama,Florida, Georgia, South Carolina,North Carolina,Virginia and Maryland. The series is of large extent. MLRA SOIL SURVEY REGIONAL OFFICE (MO)RESPONSIBLE: Auburn, Alabama. SERIES ESTABLISHED: Leon County,Florida; 1905. REMARKS: Diagnostic horizons and features recognized in this pedon: Ochric epipedon-the zone from 0 to 15 inches(A,E and Eg horizons). Albic horizons -the zones from 4 to 15 inches(E and Eg horizons) and from 30 to 42 inches(E'g horizon). Spodic horizon within 30 inches -the zones from 15 to 22 inches(Bhl and Bh2 horizons) and from 42 inches to 77 inches (B'h horizon). Aquic conditions -endosaturation throughout. The water table is at depths of 6 to 18 inches for 1 to 4 months during most years. In low flats or sloughs it is at a depth of 0 to 6 for periods of more than 3 weeks during most years. It is between depths of 18 and 36 inches for 2 to 10 months during most years. It is below 60 inches during the dry periods of most years. Depressional areas are covered with standing water for periods of 6 months or more in most years. Leon soils are in MLRAs 133A, 138, 152A and 153A. ADDITIONAL DATA: IFAS Soil Characterization Data: S2-1-(1-9), S2-2-(1-8), S3-3- (1-5), S4-8-(1-9), S10-12-(1-7) S12-17-(1-7), S16-9-(1-7), S19-6-(1-5), S33-24-(1-7), S37-28-(l-8), S45-27-(1-7), S46-2-(1-6), S57-46-(1-6), S66-24-(1-8); samples by IFAS, University of Florida, Gainesville,FL. NSSL Soil Characterization Data: SO8FL-005-1 (1-10); sample by NSSL, Lincoln,NE. Soil Name Slope Airtemp FrFr/Seas Precip Elevation LEON 0-5% 65-70F 230-310 60-69 in 8-135 ft FloodL FloodH Water table Kind Months Bedrock F10051 NONE 0.5-1.5 APPARENT MAR-SEP 60-60 FL0093 NONE 0 -0.5 APPARENT FEB-SEP 60-60 FL0406 RARE COMMON 0 - 1.0 APPARENT MAR-SEP 60-60 FLO501 NONE -APPARENT- 60-60 FL0508 FREQ 0 - 0.5 APPARENT JAN-DEC 60-60 Depth Texture 3-Inch No-10 Clay% -CEC- FL0051 0- 3 S FS 0- 0 100-100 1- 5 2 - 12 FL0051 3-15 S FS 0- 0 100-100 0- 3 .3- 1 FL0051 15-30 S FS LS 0-0 100-100 2- 8 8 - 30 FL0051 30-66 S FS 0- 0 100-100 1-4 .5- 3 FL0051 66-80 0-0 100-100 2- 8 8 -30 FL0093 0-4 MK-S MK-FS 0- 0 100-100 1- 6 12 - 30 FL0093 0-4 S FS 0- 0 100-100 1- 5 2 - 12 FL0093 4-16 S FS 0- 0 100-100 0-3 .3- 1 FL0093 16-25 S FS LS 0- 0 100-100 2- 8 8 - 30 FL0093 25-80 S FS 0- 0 100-100 1-4 .5- 3 FL0406 0- 3 FS S 0- 0 100-100 1- 5 2 - 12 FL0406 0- 31K-FS MK-S 0-0 100-100 1-6 12 - 30 FL0406 3-15 FS S 0- 0 100-100 0-3 .3-1 FL0406 15-23 FS S LS 0- 0 100-100 2- 8 8 - 30 FL0406 23-80 FS S 0-0 100-100 1-4 .5-3 Depth Texture 3-Inch No-10 Clay% CEC FLO501 0- 3 MUCK 0-0 90-200 --- --- FLO501 3-17 S FS 0-0 100-100 0- 3 .3-2 FLO501 17-80 S FS LFS 0- 0 100-100 2- 8 8.0- 30 FLO508 0-26 S FS 0- 0 100-100 1-3 1.0- 12 FL0508 26-40 S FS 0- 0 100-100 2- 8 12 - 30 FL0508 40-80 S FS 0- 0 100-100 2-10 .5- 3 SOI-5 Depth pH O.M. Salin Permeab Shnk-Swll FL0051 0- 3 3.6- 6.5 0.5-4.0 0-2 6.0-20 LOW FL0051 3-15 3.6- 6.5 0.0-0.5 0-2 6.0-20 LOW FL0051 15-30 3.6- 6.5 2.0-4.0 0-2 0.6- 6.0 LOW FL0051 30-66 3.6- 6.5 0.0-0.5 0- 2 2.0-20 LOW FL0051 66-80 3.6- 6.5 1.0-3.0 0-2 0.2- 2.0 LOW FL0093 0-4 3.6- 6.5 10-20 0-2 6.0-20 LOW FL0093 0-4 3.6- 6.5 2.-5. 0-2 6.0-20 LOW FL0093 4-16 3.6- 6.5 0.- .5 0-2 6.0- 20 LOW FL0093 16-25 3.6-6.5 1.-4. 0-2 0.6- 6.0 LOW FL0093 25-80 3.6- 6.5 0.- .5 0-2 2.0-20 LOW FL0406 0-3 3.6- 5.5 0.5-4. 0-2 6.0-20 LOW FL0406 0-3 3.6-5.5 10-20 0-2 6.0-20 LOW FL0406 3-15 3.6-5.5 0.- .5 0-2 6.0-20 LOW FL0406 15-23 3.6-5.5 1.4. 0-2 0.6-6.0 LOW FL0406 23-80 3.6-5.5 0.- .5 0-2 0.6-20 LOW FL0501 0-3 3.6- 5.5 20-80 0-2 6.0-20 LOW FL0501 3-17 3.6- 5.5 0.-.5 0-2 6.0-20 LOW FL0501 17-80 3.6- 5.5 1.-4. 0-2 0.6-6.0 LOW FL0508 0-26 4.5- 8.4 1.-3. 8-16 2.0- 6.0 LOW FL0508 26-40 4.5-8.4 1.-4. 8-16 0.6-6.0 LOW FL0508 40-80 4.5- 8.4 0.-.5 2- 8 0.6- 6.0 LOW National Cooperative Soil Survey U.S.A. LOCATION SEAGATE NC+SC VA Established Series RAG/Rev. JAK 02/2008 SEAGATE SERIES MLRA(s): 153A-Atlantic Coast Flatwoods, 153B-Tidewater Area Depth Class: Very deep Drainage Class(Agricultural): Moderately well drained or somewhat poorly drained Internal Free Water 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, 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 (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(10YR 4/1)fine sand; single grained; 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 (10YR 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; few 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(10YR 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 10inches) E'--71 to 91 centimeters (about 28 to 36 inches); light gray(IOYR 7/2)fine sand; single grained; loose; few fine and medium brown(10YR 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(10YR 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(10YR 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; lat. 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: 1 to 5 milliequivalents per 100 grams of soil in the A horizon; 1 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,by volume extremely weakly to moderately cemented nodules RANGE OF INDIVIDUAL HORIZONS: Ap or A horizon: Color--hue of 10YR or 2.5Y, value of 3 to 6,chroma of 1 to 3 Texture--sand or fine sand Clay content: 0 to 3 percent E horizon(where present): Color--hue of 10YR to 5Y,value of 5 to 8, and chroma of 1 to 3, or is neutral with value of 5 to 8 Texture--sand or fine sand Clay content: 0 to 3 percent Bh horizon: Color--hue of 5YR to 10YR,value of 2 to 5, chroma of 1 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: 1 to 5 percent E'horizon(where present): Color--hue of 10YR or 2.5Y,value of 5 to 7, chroma of 1 to 4 Texture--sand or fine 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: 1 to 3 percent Bt horizon(where present): Color--hue of 10YR 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 10YR to 5Y, value of 5 to 7, and chroma of 1 or 2, or is neutral with value of 4 to 8 Texture--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 f 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 Murville 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 Ridgeland 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 Ponding 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. r National Cooperative Soil Survey U.S.A. Hall, Christine From: Dan Fisk <dfisk@paramounte-eng.com> Sent: Thursday, September 29, 2016 1:55 PM To: Hall, Christine Subject: RE: request for additional info - 7245 Market St, SW8 160909 Attachments: SWU-101-Application - Sheet 3 Rev 2016.09.29.pdf Thanks—attached is the revised sheet 3. Let me know if I missed anything. Thanks again, Daniel J. Fisk, PE PARAMOUf' TE ENGINEERING, INC. 122 Cinema Drive Wilmington, NC 28403 910-791-6707(P) 910-791-6760(F) dfisk@paramounte-eng.com www.paramounte-eng.com **PLEASE NOTE OUR NEW OFFICE ADDRESS** From: Hall, Christine [mailto:Christine.Hall@ncdenr.gov] Sent:Thursday, September 29, 2016 1:24 PM To: Dan Fisk<dfisk@paramounte-eng.com> Subject: RE: request for additional info-7245 Market St,SW8 160909 I don't mind if you want to e-mail me the updated sheet and I can print off the 2 copies. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources—State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct ch ristine.hall(7a.ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to she North Carolina Public Records L as a nd may be disclosed to third parties. — From: Dan Fisk [mailto:dfisk@paramounte-eng.com] Sent:Thursday, September 29, 2016 1:22 PM 1 To: Hall,Christine<Christine.Hall(a ncdenr.gov> Subject: RE: request for additional info-7245 Market St, SW8 160909 Christine Yes—I apologize, I completely forgot about that. I will make that revision and have two copies of the sheet dropped off. Thanks, Daniel J. Fisk, PE PARAMOUNTE ENGINEERING, INC. 122 Cinema Drive Wilmington, NC 28403 910-791-6707 (P) 910-791-6760(F) dfisk@paramounte-eng.com www.pa ra mo u me-e ng.com **PLEASE NOTE OUR NEW OFFICE ADDRESS** From: Hall, Christine [mailto:Christine.Hall@ncdenr.gov] Sent:Thursday,September 29, 2016 1:18 PM To: Dan Fisk<dfisk@paramounte-eng.com> Subject: RE: request for additional info-7245 Market St,SW8 160909 Dan, I'm taking a look at the revised items dropped off today and noticed that the handwritten edits made to Section IV.1 of the application during the submittal meeting didn't make it to the revised sheet. Can you please update this section of the revised application to reflect the proposed stormwater treatment? Thanks, Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources—State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hallcc ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 IC ""`No1r if ig Compares - .. Email corres pon i3nce to and from this address is subject to The Nonh Carolina Public Records Lew and may he disclosed to third parties. From: Flail, Christine Sent: Wednesday, September 28, 2016 11:59 AM z To: 'Dan Fisk'<dfisk@paramounte-eng.com>; 'tclinkscales@paramounte-eng.com' <tclinkscales@paramounte- eng.com>; 'tj16963@yahoo.com'<til6963@vahoo.corn> Cc:Weaver, Cameron<cameron.weaver@ncdenr.gov> Subject: request for additional info-7245 Market St,SW8 160909 Gentlemen, Attached is a pdf of the request for additional information for the subject project. There are just a few minor items that need to be confirmed. Thanks, Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources—State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall aC�ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 --"Nothu}g Co ' pares - Email cortespondeme to and from this edc: ss is nbject o the North Crrolina Public l'ccorris;Law and may he di c osea is third pa t cs. 3 PAT McCRORY r, Governor DONALD R. VAN DER. VAART Secretary Energy,Mineral& TRACY DAVIS Land Resources Dare r ENVIRONMENTAL QUALITY September 28,2016 Y%"1. Mr.Terrence Leifheit,Manager North Wilm Land,LLC 846 Bell Ford Rd. Jacksonville,NC 28540 Subject: Request for Additional Information Stormwater Project No. SW8 160909 7245 Market Street New Hanover County Dear Mr. Leifheit: The Wilmington Regional Office received and accepted an Express State Stormwater Management Permit Application for 7245 Market Street on September 21,2016. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. 15A NCAC 02H.1008(h): In order to waive the requirement for an offline bypass and vegetated filter strip for the proposed infiltration trench treating Drainage Area 1,the system is designed to infiltrate the 10-year,24-hour storm event without discharging using one-half the infiltration rate as outlined in Section 16.3.9 of the NC BMP Manual. The provided documentation shows that the system was designed for a 7-inch design storm,which is intended to represent the 10-year,24- hour storm event based on information from the New Hanover County Storm Water Design Manual. However,the National Oceanic and Atmospheric Administration(NOAA)is generally accepted as the industry standard for determining the design storm for a specific storm event (http://hdsc.nws.noaa.gov/hdsc/pfds/pfds map_cont.htanl?bkmrk=nc). When the coordinates for this project provided in Section I.4 of the application are entered at this website,NOAA reports the 10-year,24-hour storm event is 7.27 inches. Please re-evaluate the system based on a 7.27- inch design storm or provide additional justification supporting the selected design storm. 2. 15A NCAC 02H.1003(g)(7): 1,/a. The impervious area allocated to Drainage Area 2 is presented inconsistently in Section IV.10 of the application and the infiltration basin supplement. Please confirm the amount of built-upon area allocated to Drainage Area 2. b. For the infiltration basin treating the runoff from Drainage Area 2,the surface area for the selected storage elevation of 46.05 ft is presented as being 4,482 ft2. However,the stage storage table provided in the calculations, lists the surface area at an elevation of 46 ft as being 4,590 ft2. Please confirm the storage surface area presented in the supplement and in the calculations. 3. Due to the relatively minor nature of these comments,the express additional information review fee has been waived. Please keep in mind that changing one number may change other numbers and require the calculations, supplements, and other supporting documentation to be updated. Verify all numbers are correct to ensure consistency in the application documents. State of North Carolina: I Environmental Quality I Energy,Mineral and L.ndResour:es Wilmington Regional Office 1127 Cardinal Drive Extension j Wilmin9ton.NC 2•9405 910 796 7213 State Stormwater Permit No. SW8 160909 Page 2 of 2 Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to October 6, 2016, or the application will be returned as incomplete. If the project is returned and you wish to re-submit to the Express Program,you will need to reschedule the project through the Express Coordinator for the next available review date and will need to resubmit all of the required items at that time, including the application fee. If you need additional time to submit the information,please email or fax your request for a time extension to the Division at the email address or fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information,which shall be no later than 5 business days past the original due date. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please label all packages and cover letters as"Express"and reference the project name and State assigned project number on all correspondence. If you have any questions concerning this matter,please feel free to call me at(910) 796-7215 or email me at christine.hall@ncdenr.gov. Sincerely, Christine Hall Environmental Engineer GDS/canh: \\\Stormwater\Permits&Projects\2016\160909 HD\2016 09 addinfo 160909 cc: Tim Clinkscales, Paramounte Engineering Wilmington Regional Office Stormwater File State of North Carolina I Environmental Qu. Ity(Ensrnv.Mineral and Land Re,;urces Wilmington Regional Office 1127 Cardinal Drive Extens`an W:'•:rnington,NC:',S405 910 796 7215 Hall, Christine From: Hall, Christine Sent: Wednesday, September 28, 2016 11:59 AM To: 'Dan Fisk'; 'tclinkscales@paramounte-eng.com'; 'tj16963@yahoo.com' Cc: Weaver, Cameron Subject: request for additional info - 7245 Market St, SW8 160909 Attachments: 2016.09 addinfo 160909.pdf Gentlemen, Attached is a pdf of the request for additional information for the subject project. There are just a few minor items that need to be confirmed. Thanks, Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources—State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 0 Emil C1r;esroonde„c:;to and from this add:i ss is soilf ct to liliF North '.`�Records ; '� �' Caroline Pelj`r, (.�.: ir1 +F._:fi-`_i f'F"?'.•j!be GJ •'rJ, L'd(ii(';'l.rG i]uT''tri. 1 PARAMOUNTE 1 2 2 CINEMA DRIVE W I L M I N G T O N , NC 28403 9 1 0 - 7 9 1 - 6 7 0 7 ( O ) 9 1 0 - 7 9 1 - 6 7 6 0 ( F ) LETTER OF TRANSMITTAL To: NCDEQ Date 09.21.16 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: 7245 Market Street Express Attu: Christine Hall Project No. 16178.PE IWe are sending: ® Originals // Prints ❑ Shop Drawings ❑ Calculations The following items: ❑ Correspondence ® Plans ❑ Specifications ❑Other as listed below Quantity Date Dwg.No. Description 2 Revised C-1.0 (Added wetland note) 1 Form SWU-101—Original 2 Revised Stormwater Design and Erosion Control Narrative(First 4 Sheets—added language as discussed for subdivision) 1 O&M(Storm EZ)—Original Issue Status: For Approval ❑As Requested ❑ Construction ❑Bid ❑For Your Use ❑For Review and Comment ❑Approved as Noted ❑ See Remarks Action Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend&Resubmit ❑ Rejected-See Remarks El Approved as Submitted ❑ Other marks: flECEIVEj' SEP 2 1 2016 BY:_ Cc: Signed: . Daniel J. Fisk, PE CEIVED R CEI V ED SEP 21 2016 PARAMOUNTE • 1 2 2 CINEMA DRIVE W I L M I N G T O N , NC 28403 9 1 0 - 7 9 1 - 6 7 0 7 ( O ) 9 1 0 - 7 9 1 - 6 7 6 0 ( F ) LETTER OF TRANSMITTAL To: NCDEQ Date 09.21.16 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: 7245 Market Street Attn: Project No. 16178.PE lWe are sending: 1 Originals ®Prints ❑ Shop Drawings ® Calculations The following items: ❑ Correspondence ® Plans ❑ Specifications ® Other as listed below Quantity Date Dwg.No. Description 2 24"x 36"Design Documents 2 Form SWU-101 "6�7') p � 4 T>, 2 Stormwater Design and Erosion Control Narrative 'a O&M(Storm EZ) - ORIlt,ow44 TO j9bLLoW 1 $4,000 Review Fee(Check 91,0) 1 Infiltration Trench Supplement 1 Infiltration Basin Supplement Issue Status ® For Approval ❑As Requested El Construction ❑Bid El For Your Use ❑For Review and Comment ❑Approved as Noted ❑See Remarks Action Taken: El No Exceptions Taken ❑ Make Corrections Noted El Amend&Resubmit ❑ Rejected-See Remarks ❑ Approved as Submitted ❑ Other Remarks: SEP 2 1 2018 Cc_ Signed: T 0Folbt Daniel I. Fisk, PE For DEQ Use ONLYLU Reviewer: �:\l North Carolina Department of Environmental Quality Submit: AtAksp Request for Express Permit Review ` Time:_10Q.` 7 • Confirm: FILL-IN all the information below and CHECK the Permit(s)you are requesting for express review. Call and Email the completed form to the S Permit Coordinator along with a completed DETAILED narrative,site plan(PDF file)and vicinity map(same items expected in the application package of the project location.Please include this form in the application package. • Asheville Region Alison Davidson 828-296-4698;alison.davldsonancdenr.gov Provided Exis crmits related to this Pro Proiecfi • Fayetteville or Raleigh Region-David Lee 919-791-4203;david.leefncdenr.gov • Mooresville or Winston Salem-Marcia Allocco 704-235-2107;marcia.allocco(dtncdenr.gov SW • Washington Region-Lyn Hardison 252-948-3842 or lvn.hardison(tilncdenr.gov SW • Wilmington Region-Cameron Weaver 910-796-7303orcameron.weaven(ncdenr.gov NPDES NOTE:Projectlapjication received after 12 noon will be stamped in the following work day. IDES aa�zll WQ-- Project Name:72{r ARKET COMMERCIAL County:NEW HANOVER WQ Applicant:TERRY LEIFHEIT Company: NORTH WILM LAND,LLC E&S Address:846 BELL FORK ROAD City:JACKSONVILLE,State:NC Zip:28540-_ E&S Pho.,n�°f 10-353-1221,Fax:910-791-6760.Email:Ii16963@yahoo.com Other Physical LocatlOn MARKET STREET Project Drains into SMITH CREEK waters—Water classification SC(DWR Surface Water Classifications Map) Project Located in CAPE FEAR River Basin.Is project draining to class ORW waters?N within'/mile and draining to class SA waters N or within 1 mile and draining to class HQW waters?Y/N Engineer/Consultant:TIM CLINKSCALES,PE Company:PARAMOUNTE ENGINEERING,INC Address:5911 OLEANDER DR,SUITE 201 City:WILMINGTON,State:NC Zip:28403- Phone:910-791-6707.Fax:910-791-6760,Email:tclinkscales@paramounte-enq.com PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT,IF AVAILABLE • $ # JOBS ntC'O EP SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑Scoping Meeting ONLY ❑DWR, ❑DCM, ❑DEMLR,❑OTHER: SECTION TWO: CHECK ONLY THE PROGRAM(S)YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑401 Unit El Stream Origin Determination:_#of stream calls—Please attach TOPO map marking the areas in questions El Intermittent/Perennial Determination:_#of stream calls—Please attach TOPO map marking the areas in questions ❑401 Water Quality Certification ❑Isolated Wetland( linear ft or acres) ❑Riparian Buffer Authorization ❑Minor Variance ❑Major General Variance ®State Stormwater ❑General ❑SFR, ❑SFR<1 ac. ❑Bkhd&Bt Rmp, ❑Clear&Grub, El Utility ❑Other ❑Low Density ❑Low Density-Curb&Gutter #Curb Outlet Swales ❑Off-site[SW (Provide permit#)] El High Density-Detention Pond _#Treatment Systems ®High Density-Infiltration _#Treatment Systems ❑High Density-Bio-Retention _#Treatment Systems ❑High Density—SW Wetlands _#Treatment Systems El High Density-Other _#Treatment Systems/❑MOD:❑Major❑Minor❑Plan Revision ❑Redev.Exclusion SW (Provideperrrl#) ❑Coastal Management ❑Excavation&Fill ❑Bridges&Culverts ❑Structures Information ❑Upland Development ❑Marina Development ❑Urban Waterfront ❑Land Quality ❑Erosion and Sedimentation Control Plan with acres to be disturbed.(CK# &Amt. (for DEQ use)) SECTION THREE—PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT(for both scopinq and express meeting request) Wetlands on Site❑Yes 0 No Buffer Impacts:®No❑YES: _acre(s) Wetlands Delineation has been completed:El Yes❑No Isolated wetland on Property❑Yes El No US ACOE Approval of Delineation completed: ❑Yes❑No 404 Application in Process w/US ACOE: ❑Yes ® No Permit Received from US ACOE❑Yes❑No For DEQ use only Fee Split for multiple permits:(Check# ) _ Total Fee Amount$ SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA $ $ Variance(0 Maj;El Min) SW(❑HD,❑LD,❑Gen) $ 401: $ LQS $ ' Stream Deter,_ $ NCDEQ EXPRESS March 2016 7245 MARKET COMMERCIAL NEW HANOVER COUNTY, NC STORMWATER EXPRESS REVIEW NARRATIVE Prepared for: NORTH WILM LAND, LLC Prepared by: PA RAMOUNTE E N C3 I N E E R I N <3. I N C. 122 CINEMA DRIVE Wilmington,NC 28403 NC License#: C-2846 Project#16191.PE August 2016 i` 5ff1 ,\ a as d i lagssz, x +F . y ,tea. 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S I t 6 k a e i S Q lC 1 a c.a 3 ARK SITE,UTILITY and GRADING PLAN n iig P-'4ConsultingGroup,PLICTE COME. 1 - , SKYPORT HOLDINGS 11 n i1:s1 fi4.,..P.m.. t.. ; fi,,/,a H[]J959 eep I yT c�sttm bU1L41M1�.fiORVNYP n I Isswee Rtan Wright Brothers Way eee4e ,.xm„ulu�wo<'" R Town of Richlands,Onslow County,North Carolina °OiY�"�-H^""t"""" III 1 I 119 ! I 11 �• �� I� i` \ - h�� 1111 ' 9 i ." 9 ,gym 8 89 y 'e 33 9 'I �' A • V A i.I /111 WW1 11 IP!h 1 i ! Ai 2 1 ill ., — 1 gill .. j . : .-. / Ile 1 Al d L � y. Ei A i J i 1 , I t i �, _. ... _ •t ih 1 n 1. di a ,PRELEvf NARY DESIGN-NOT RELEASED FOR CONSTRUCTION 0 WTSTAIUS aiorti.aaMnox. ^` J srrE PLAN pARAivroUNTE MMOR li I ^•••^^'- DENN 4 LAND,LLC a [V puwrro waRM 22I 7245 MARKET STREET t,_Onm.Dt l 846 BELL FORK RD. HARNETT TOWNSHIP �Nath CaaoliustllQ! O w011• NEW HANOVER COUNTY,NC Pal' �i(o)fh CA �tao P➢ JACKSONVILLE.NC 28540 e� ,.. NC Limon lA G2A96 (oog=„1. :3-peos) dVIAJAIINIOIA . , ....,,/ 0 , ..., • ,/_,..-b. o ' 2 ' id N3000 .... ‘ ..., / , / / • /. • , \ / • I / / . e .• / / / / .„, .. , // , , , ,. ,, Z N3alO 3E11 NO N3000 / / // . . ,.t. . . / if \ // .'arl '10,;•-• '31 //s" 4/417,.\ / \ / :"I • / ,h *.. • / :..7? ,. / ..17 0 /1 . ''• >10M,I8 M0111AA , 31.1S / • . , . . . . {. e , • \ ,, . r . , . • • • • • . /. • • . / / 7) ,•.' DESIGN NARRATIVE North Wilm Land, LLC proposes to construct a 4400 sf commercial building along with corresponding parking at 7245 Market Street on 2.0 acres. Only 1.2 acres will be permitted with the remaining acreage to be permitted at a later time. The property drains to Smith Creek (SC,) - Cape Fear River Basin. The stormwater will be treated via underground infiltration system. DESIGN PROJECT All stormwater for the proposed development will be directed by way of a storm sewer system to an adequately designed stormwater BMP. All land disturbance activity will be design and permitted with NCDEQ Erosion Control. 7245 MARKET COMMERICAL NEW HANOVER COUNTY, NORTH CAROLINA Project#16178.PE Table of Contents DESIGN NARRATIVE DESIGN PROJECT ATTACHMENTS: SOILS MAP Ptc A.%`^t ) ‘41\C "/a , pV '\o 'D,.s••Q.& C CON ce.A > � m L. \.4(l : tNeirwc) — ‘,5 #)‘7.-C Va% /Iv 'St a.00 X 1•1• •=•••••• Lam, Ve r+ Pagel