Loading...
HomeMy WebLinkAboutSW8060133_HISTORICAL FILE_20060220STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 O�o0133 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS �. HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 200y 022a YYYYMMDD \NATF Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 20, 2006 Mr. John Lare, Manager M & John Properties, LLC, Manager Park at Village Oaks, LLC 315 Friday Drive Wilmington, NC 28411 Subject: Stormwater Permit No. SW8 060133 Village Oaks Apartments High Density Project Brunswick County Dear Mr. Lare: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Village Oaks Apartments on February 10, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 060133 dated February 20, 2006, for the construction of the subject project. This permit shall be effective from the date of issuance until February 20, 2016. and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Robert Gordon, or me at (910) 796-7215. Sincerely, / Edward Beck Regional Supervisor Surface Water Protection Section ENB/rdg: S:\WQS\STORMWAT\PERMIT\060133.feb06 cc: Mark Hargrove, PE, Withers & Ravenel Delaney Aycock, Brunswick County Building Inspections Jeff Phillips, Brunswick County Engineering Robert Gordon Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicet-877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.enr.state.ncus NorthCaro/lina An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Natura llf State Stormwater Management Systems Permit No. SW8 060133 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO John Lare & Park at Village Oaks, LLC Village Oaks Apartments Brunswick County FOR THE construction, operation and maintenance of 2 wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 20, 2006, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. Pond # 1 has been designed to handle the runoff from 83,558 square feet of impervious area. Pond # 2 has been designed to handle the runoff from 93,821 square feet of impervious area. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. There is no built -upon area allocated for future development in this permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 060133 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: , 'Ppnd., Drainage Area Onsite Offsite Acrps ft ft2 2.94 128,065 0 3.02 131,594 0 Total Impervious Surfaces ft 83,558 93,821 Design Storm inches 1 1 Pond Depth feet 5.0. 5.0 TSS removal efficiency % 90 90 Permanent Pool Elevation FMSL 16.0 16.0 Permanent Pool Surface Area ft 6,056 6,978 Permitted Storage Volume ft 7,315 7,746 Temporary Storage Elevation FMSL 17.1 17.0 Controlling Orifice "0 pipe 1.25 1.25 Permitted Forebay Volume ft 2,419 2,495 Receiving Stream Ut of Sturgeon Creek River Basin c Nf. Cape Fear Stream Index Number 18-77-1 Classification of Water Body C;Sw IL SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. q. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 7 State Stormwater Management Systems Permit No. SW8 060133 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for a fountain in either pond is 1/8 horsepower. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. . 9. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 060133 13. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 20th day of February, 2006. NORTH QAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ior/-man vv. r%umeK, r.t., birecior Division of Water Quality By Authority of the Environmental Management Commission, Page 5 of 7 State Stormwater Management Systems Permit No. SW8 060133 Village Oaks Apartments Stormwater Permit No. SW8 060133 Brunswick Countv Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 6 of 7 State Stormwater Management Systems Permit No. SW8 060133 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do riot cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspections Page 7 of 7 OFFICE'USF,ONLY ! Date Received Fee Paid Permit Number 12 o bbo i 3 State of North Carolina Department of Environmental and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This Jbrm may be photocopied,for use as an original L GENERAL INFORMATION Applicants name (specify the name of the corporation, individual, etc. who owns the project): Park at Village Oaks, L.L.C. 2. print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Cl John Lare, Managing Member M 430k. PrLpez-+, e:;k., L.i_C_ mcnwc 3. Mailing Address for person listed in Item 2 above: 315 Fridav Drive City: Wilmington State: NC "Lip: 28411 Telephone Number: 910-686-7188 4. Project Nam(subdivision,facility, (subdivisi, fm acility, or establishment name — shouldnt be consistewith m project name on plans, specifications, letters, operation and maintenance agreements, etc.): Village Oaks Apartments 5. Location of Project (street address): 413, 415, 417, and 419 ViIWw Road City: Leland County: 6. Directions to project (from nearest major intersection): From Wilmington take US HWY 74 to the NC-133S ramp toward Soutbport/Oak Island, then take a right onto Village Road, and the site will be on your left. 7. Latitude: 340 14' N Longitude: 780 00' W of project. 8. Contact person who can answer questions about the project:: Name: Mark N. Hargrove. PF Telephone Number: 910-256-9277 II. PERMIT INFORMATION: Specify whether project is (check one): X New Renewal Modification ForinSWU-101 Version3.99 Page I of4 2. 3. 4. If this application is being* submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue dale (if known) Specify the type of project (check one): Low Density X High Density _ Redevelop Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control General Permit - Other 404/401 Permit X NPDES Stormwatcr Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748 III. PROJECT INFORMATION In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Storm water will be treated by the use of two wet detention ponds sized to handle 90%'TSS removal. 2. Stormwater runoff from this project drains to the Cape Scar River Basin. 3. Total Project Area: 9.52 acres. 4. Project Built Upon Area: 42.8 %. 5. How many drainage areas does the project have? 2 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach and additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area I Drainage Area 2 Receiving Stream Name Unnamed trib. of Stur geon Creek Unnamed trib. of Stur geon Creck Receiving Stream Class C; SW C; SW Drainage Area 128,065 sf 131,594 sf Existing Im envious*Area -0- -0- Pro posed Im crvious* Area 83,558 sf 93,821 sf Impervious* Area Total 65.2% 71.3% Impervious* Surface Arca Drainage Area I Drainage Area 2 On -Site Buildings 34,079 sf 30,358 sf On -Site Streets - 0 - - 0 - On -Site Parking 45,142 sf 59,364 sf On -Site Sidewalks 4,337 sf 4,099 sf Other On -Site (future) - 0 - - 0 - 017=Site - 0 - - 0 - Total: 83,558 sf "Total: 93,821 sf *Impervious area is defined as the Guilt upon area including, but not limited to, buildings, roads, parking areas, sideivulkv, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 How was the off -site impervious area listed above derived? 1V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, out parcels, and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size, and the allowable built -upon area for each lot must be provided as an attachment. 1. 7be following covenants are huended to ensure ongoing compliance with state stornnvater management permit number us issued by the Division (?f Water Quality. These covenants may not he changed or deleted without the consent of the State. 2. No more than 177,379 square feet of any lot shall be covered by structures or imlierviou s materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but not include wood decking or the water surface ofswinuning pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. d. Built -aeon area in excess of the permitted amount requires a state slornnvater management permit modification prior to construction. 5. All permitted runoff from the ou[parcels or future development shall he directed into the permitted stormwater control system. These cormections to the storrrnvalet• control •vystemr shall be per formed in a manner that maintains the integrity and petformanc•e r f the system as permitted. By your signature below, you certify that the recorded (Iced restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the Slate, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. form SWU-102 Wet Detention Basin Supplement form SWU-103 Infiltration Basin Supplement form SWU-104 Low Density Supplement form SWU-105 Curb Outlet System Supplement Norm SWU-106 Oft=Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement I'orm SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stonnwater Management Permit Application Form AWA • One copy of the applicable Supplement Form(s) for each 13MP / Permit application processing fee of $4m-"payable to NCDENR).fgVt J MPAI ! • Detailed narrative description of stormwater treatmenUmanagement MAC • Two copies of plans and specifications, including: 1 - Development/ Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off=site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Withers & Ravenel, Inc. Mailing Address: 7040 Wrightsville Avenue, Suite 101 City Wilmington State: NC Zip: 28403 Phone: 910-256-9277 VIIL APPLICANT'S CERTIFICATION Fax: 910-256-2584 I, (grin[ or type name (f person listed in General Information, !lent 2) John Lare certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H.1000. ,.ay -ems' Signature: Date: Form SWU-101 Version 3.99 Page 4 of4 WITHERS &- IRAVENEL ENGINEERS IPLANNERS ISURVEYORS 7040 Wrightsville Avenue, Suite loi WILMINGTON, NORTH CAROLINA, 28403 (910) 256-9277 FAX (910) 256-2584 To: Robert Gordon NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter MYEROFT°°NSV1MiM L DATE 02/10/06 JOB NO. 20 02.01 1 ATTENTION Robert Gordon PHONEW 00 RE: Village Oaks Apartments ® Attached ❑ Under separate covervia ❑ Prints ® Plans ❑ Samples ❑ Change order ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 2 01/1 /06 20 02.01 Site plans for review and approval of Village Oaks Apartments 1 Comment Response Letter 1 Insert for Stormwater Management Permit Application Form 1 To oZone map reference to verify coordinates 1 Insert for Wet Detention Basin Supplement for Pond No. 1 1 Insert for Wet Detention Basin Supplement for Pond No. 2 1 Operating Agreement THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Foryouruse ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US f'74ITJ:17 E91 For review and a ❑ Resubmit 2 copies for approval ❑ Submit _ copies for distribution ❑ Return corrected prints ted Dlan with the correct LLC. Please replace the two setslthat.were-submittad-,iiteviously. Thank vou. coPYTo: File, Tom Tucker ifenclosams are not as noted, kindly notify us at once. WITHERS & RAVENEL ENGINEERS I PLANNERS 1 SURVEYORS February l0, 2006 Mr. Robert Gordon Environmental Engineer 11 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Village Oaks Apartments Stormwater Project No. SW8 060133 W&R Project No. 204402.01 Mr. Robert Gordon, We received your letter dated February 3, 2006, and have made the necessary revisions as requested. The following is our response to your comments. The Articles of Incorporation filed with the Secretary of Slate's Office lists the Park at Village Oaks, LLC as a manager -managed LLC. The letter fi-onr Mr. William Fuss daled.1anuary 20. 2006 lists no managers, only 3 members (one of which is M & John Properties -John Lar(,,). DWQ musk issue a slormfvater permit to the Manager of an LLC. Please provide clocurnenlcrlion that M & John Properties, LLC is a Manager of Park at Village Oaks, LLC. Response: The operating agreement is attached with the required information. 2. The coordinates listed on page 2 of the application appear incorrect. Please list coordinates either in the degree, minutes, seconds or decimal degrees,f n-Inat (NAD83). Response: The coordinates were revised per the attached topozone map. The insert is attached for the Stormwater Management Permit Application Form with the correct coordinates. 3. Please complete the dimensions of the permanent pool. They are partially dimensioned. Response: The dimensions of the permanent pool have been completed. See Sheets 4 and 8. 4. Please provide dimensions for the proposed buildings. Typical dimensions may be used where appropriate. logo Wrightsville Avenue, Suite for Wilmington, North Carolina 28403 tel: 910-256-9277 fax: 910-256-2584 www.withersravenet.com WITHERS & RAVENEL ENGINEERS 1 PLANNERS I SURVEYORS Response: The dimensions for the proposed buildings have been provided. See Sheet 4. S. Please add a note to the drawings indicating a pump u4/1 be provided the drain the pond for maintenance or in an emergency. Response: A note has been included which indicates that a pump will be provided to drain the pond for maintenance or in an emergency. See Sheet 8. 6 Please .sped a maximum opening size on the trash rack of 4 ". Response: A note has been provided to specify that the maximum opening size on the trash rack can only be 4". See Sheet 13. 7. Please hole that the cleanoat depths lisled on the supplement provide no sediment accurmdalion volume. Typically, the sediment cleanout depths are set at about 75YO of the design depth. Response: Attached are the wet pond supplement forms that have been revised to show the correct cleanout depths. 11' you have any questions or require additional information, please do not hesitate to contact us. Sincerely, Lisa J. Thomas Withers & Ravcnel, Inc. 7040 Wrightsville Avenue, Suite ml Wilmington, North Carolina 28403 tel: 910-256-9277 fax: 910-256-258µ www.withersravenet.com OPERATING AGREEMENT OF PARK AT VILLAGE OAKS, LLC THIS OPERATING AGREEMENT OF PARK AT VILLAGE OAKS, LLC, a limited liability company organized and existing under the laws of the State of North Carolina (the "Company"), is entered into as of 20_, by and among M & John Properties, LLC, a North Carolina Limited Liability Company, and Matthew Reed Builders, LLC, a North Carolina Limited Liability Company, and Tom Tucker, an individual resident of North Carolina (individually referred to herein as a "Member" and collectively referred to herein as "Members"). WITNESSETH: WHEREAS, the Company has been formed as a limited liability company under the provisions of the North Carolina Limited Liability Company Act for the purposes bereinatler described; and WHEREAS, the Members desire to set forth herein their respective rights, duties, obligations, and. responsibilities with respect to such company; and WHEREAS, the Members believe that the formation of the Company and the contribution thereto of certain interests will further the interests of the Members including without limitation the following: (1) The enhancement of the ability to secure any necessary financing in connection with the business of the Company upon favorable terms through the combination of assets owned by the Members into a single entity; and (2) Certain other business, financial and economic advantages which the Members believe will result from the consolidation and simplified management of the Members' assets contributed herein; NOW, THEREFORE, in consideration of the mutual promises, obligations, and agreements contained herein, the parties hereto, intending to be legally bound, do hereby agree as follows: SECTION 1. Formation of Limited Liability Company The Company was formed on December 13, 2005, upon the filing of its Articles of Organization with the North Carolina Secretary of Slate in accordance with the North Carolina Limited Liability Company Act. William H. Fuss (the "Organizer") was the organizer of the -RE C EPATFD FEB 1 0 2006 BY: Company at that time, and effective as of December 13, 2005 the Organizer assigned his interests in the Company to M & John Properties, LLC, who has assigned a 33 1 /3% membership interest in the Company to Matthew Reed Builders, LLC and a 33 1/3% membership interest in the Company to Tom Tucker, who, together with M & John Properties, LLC, consist of all of the Members of the Company as of the date hereof. The Members agree to do or cause to be done all such filing, recording, or other acts as may be necessary or appropriate from time to time to comply with the requirements of law for the formation and operation of a limited liability company in the State of North Carolina and any such requirements in any other jurisdiction in which the Company may do business. All costs incurred by the Members in coimection with the foregoing, including, without limitation, legal fees in connection therewith, shall be expenses of the Company and shall be reimbursed promptly by the Company upon the completion of such action. SECTION 2. Name, Principal Place of Business, and Registered Office and Agent 2.1 Name. The name of the Company shall be Park at Village Oaks, LLC. The Company may adopt such trade or business names as the Members shall consider appropriate. 2.2 Place of Business and Registered Office and Agent. The principal place of business and registered office of the Company shall be located at 1630 Mifitary Cutoff Road, Wilmington, North Carolina 28403, or at such place as the Members may designate. The registered agent of the Company shall be John Lare or any other person designated as such by the Members. SECTION 3. Purpose of Company The primary purpose of the Company shall be to acquire, develop, own and manage an apartment complex. SECTION 4. Term The term of the Company shall commence upon the execution of this Agreement, followed by the filing of the duly executed articles of organization in the office of the Secretary of State of North Carolina and shall continue until the Company is liquidated and dissolved pursuant to the provisions of Section 18 hereof SECTION S. Definitions For purposes of this Agreement, each of the following terms, when used with an initial capital letter, shall have the meaning hereinafter provided. 5.1 "Agreement' means this Operating Agreement of Park at Village Oaks, LLC 5.2 "Capital Account" means the account maintained for each Member in accordance with Section 7.3 of this Agreement. 5.3 "Code" means the Internal Revenue Code of 1986, as amended from time to time. 5.4 "Defaulting Event" shall mean (i) a general assignment by a Member for the benefit of creditors; (ii) the appointment of a receiver, trustee, or custodian for all or any substantial part of the property and assets of a Member; (iii) the entry of an order for relief under Federal bankruptcy laws, as amended from time to time, against a Member, or any other judgment or decree entered against a Member by any court of competent jurisdiction, which order or decree continues unstayed and in effect for a period of sixty (60) consecutive days, in any involuntary proceeding against a Member under the present or future Federal bankruptcy laws or under any other applicable bankruptcy, insolvency, or other laws respecting debtor's rights; and (iv) the commencement by a Member of any voluntary proceeding under present or future Federal bankruptcy laws or under any other applicable bankruptcy, insolvency, or other laws respecting debtor's rights. 5.5 "Disabling Event" shall mean as to any Member, (a) the death of a Member, (b) the arising of the obligation imposed on a Member to transfer the Member's Membership Interest to such Member's spouse pursuant to a proceeding for the equitable distribution of marital property under Section 50-20 of the North Carolina General Statutes or a comparable proceeding in another state, or (c) a determination by a court of competent jurisdiction that the affected Member is legally incompetent. 5.6 "Manager" and "Managers" shall mean John Lare, Dave Swcycr and Tom Tucker. 5.7 "Proxy" means a written statement, signed by a Member, authorizing another Member to vote on a specific matter or to vote on all questions that may arise for decision at a meeting of the Members. A proxy, to be valid, must specify the meeting to which it applies. SECTION 6. Percentage Interest in the Company Each Member's percentage interest in the Company (hereinafter referred to as "Percentage Interest") shall be as initially determined and thereafter adjusted to the extent required by dividing the amount of his or her aggregate capital contributions to the Company (including the Member's initial capital contribution and any additional capital contribution by said Member) by the total aggregate capital contributions of all the Members. The initial Percentage Interest of each Member shall be the percentage set forth below opposite his name: Percentage Members: Interest M & John Properties, LLC 33 1/3% Matthew Reed Builders, LLC 33 1/3% Tom Tucker 33 1/3% TOTAL 100% 3 All references to a "majority in interest" of the Members or other designated group shall refer to a majority of the Percentage Interests then held by the Members or other designated group. SECTION 7. Capital 7.1 Capital Contributions. The Members have contributed as their initial capital contributions to the Company all of their right, title, and interest in and to the property described in Exhibit A hereto. The Members hereby agree that the property contributed to the Company has a fair market value of and their respective capital accounts shall be credited with an initial capital contribution equal to amounts described in Exhibit B hereto. 7.2 Additional Capital Contributions, No Member shall be obligated or required to make any additional capital contributions to the Company. The Members may, however, make additional contributions to the Company provided that such additional capital contributions are made pro rats by all the Members or all the Members consent in writing to any non -pro rata contribution. In the event of a non -pro rata contribution, the Percentage Interests of the respective Members shall be adjusted accordingly. 7.3 Capital Accounts. Separate Capital Accounts shall be maintained for each Member in accordance with the followhrg provisions: (a) To each Member's Capital Accounts there shall be credited the fair market value of such Member's initial capital contribution and any additional capital contributions (net of liabilities secured by contributed property that the Company is considered to assume or take subject to under Code section 752), and such Member's distributive share of Company income and gains, including tax-exempt income. (b) To each Member's Capital Account there shall be debited the amount of cash and the fair market value of any property distributed to such Member (net of liabilities secured by such distributed property that the Member is considered to assume or take subject to under Code section 752), and such Member's distributive share of Company losses and deductions. In the event any interest in the Company is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Capital Account of the transferor to the extent it relates to the transferred interest. The Members shall have the authority to increase or decrease the Capital Accounts of the Members to reflect a revaluation of Company property, and to take any other actions recommended by counsel to the Company to maintain Capital Accounts in accordance with sections 704(b) and 704(c) of the Code and Regulations promulgated thereunder. 7.4 Interest on and Return of Capital. No Member shall be entitled to any interest on such Member's Capital Account or on such Member's contributions to the capital of the Company, and, except as otherwise provided in Sections 16 and 17 of this Agreement, no Member shall have the right to demand or to receive the return of all or any part of such Member's Capital Account or of such Member's contributions to the capital of the Company. 7.5 Loans to the Company. The Company is hereby authorized to borrow funds from one or more Members, without limitation as to amount or term, at interest rates not to exceed the then prime rate of interest as published in the Wall Street Journal from time to time. Except as otherwise provided herein, the amount of a loan, if any, made to the Company by a Member shall not be considered an increase in such Member's capital contribution or otherwise a contribution to the Company, and the making of such loan shall not entitle such Member to an increased share of the profits, losses, or distributions to be made pursuant to the provisions of this Agreement without the consent of all Members. SECTION 8. Allocation of Profits, Losses, and Tax Items 8.1 Allocation in General. The profits, losses, and distributive shares of tax items shall be allocated to the Members pro rata based upon their respective Percentage Interests during the period over which such profits, or losses, and tax items were accrued. The Members shall have authority to snake any special allocations recommended by tax counsel to the Company as necessary or appropriate for compliance with the provision of Subchapter K of the Code, including without limitation sections 704(b) and 704(c) thereof, and Regulations promulgated thereunder. 8.2 Special Rule Regarding Members' Capital Accounts. No Member shall be entitled to any allocation of Company losses if such allocation would result in the Member having a negative Capital Account balance (after increasing such Capital Account by any amount which the Member is obligated to restore or is deemed to be obligated to restore pursuant to Treasury Regulations § 1.704-2, and decreasing such Capital Account balance by the items set forth in Treasury Regulations § 1.704-1 (b)(2)(ii)(d)(4)-(6)) while any other Member has a positive Capital Account balance (after adjustment for such items). In such event, Company losses shall be allocated to the Members with positive Capital Accounts, as adjusted, until such Capital Accounts, as adjusted, have been reduced to zero. 8.3 Qualified Income Offset. Any Member who unexpectedly receives an adjustment, allocation or distribution as described in Treasury Regulations §1.704-1(b)(2)(ii)(d)(4)-(6) shall be allocated items of Company income and gain in an amount and manner to eliminate any deficit in such Member's Capital Account (after adjustment as described in Section 8.2 above) as quicicly as possible. This provision is intended to be a "qualified income offset" as defined in Treasury Regulations § 1.704-1 (b)(2)(ii)(d), such Regulation being hereby incorporated by reference. 8.4 Minimum Gain Chargeback, if there is a net decrease in the Company's minimum gain (as such term is defined in Treasury Regulations § 1.704-2) during any taxable year, each Member shall be allocated, before any other allocation is made of Company items for such taxable year, an amount equal to the greater of (i) such Member's share of the net decrease in 5 Company minimum gain allocable to the disposition of Company property subject to nomecourse liability, or (ii) the negative balance in such Member's Capital Account (after adjustment as described in Section 8.2 above). This provision is intended to be a "minimum gain chargeback" as defined in Treasury Regulation § 1.704-2, such Regulation being hereby incorporated by reference. SECTION 9. Distributions to Members 9.1 Distribution of Cash. Except as otherwise provided in Sections 17 and 18 of this Agreement, distributions of cash shall be made by the Company to the Members in proportion to their respective Percentage Interests in the Company at such times and in such amounts as may be determined from time to time by the Members. 9.2 Distributions in Kind. Distributions in kind of property, in liquidation or otherwise, shall be made only with the consent of all of the Members and only at a value established by the Members. Prior to any such distribution in kind, the difference between such established value and the book value of any such property to be distributed shall be credited or charged, as is appropriate, to the Members' Capital Accounts in proportion to their Percentage Interests in the Company. Upon the distribution of such property, such agreed upon value shall be charged to the Capital Accounts of die Members receiving such distribution and the Percentage Interests of the respective Members shall be adjusted accordingly. SECTION 10. Limited Liability of Members 10.0 Company Losses and Debts. Notwithstanding the provisions hereof for the allocation of the Company's net losses and for the distribution of cash to the Members by the Company, the Members shall not be required to make any contributions to the capital of the Company for the payment of any such losses or for any other purposes nor shall any Member be responsible or obligated to any third parties for any debts or liabilities of the Company in excess of the sum of his unrecovered contributions to the capital of the Company and his share of any undistributed profits of the Company. 10.2 Negative Capital Accounts. The Members shall not be required to pay to the Company or to any other Member any deficit or negative balance which may exist from time to time in their respective Capital Accounts as a result of the provisions hereof for the allocation to the Members of the Company's net losses and for the distribution of cash or other property to the Members by the Company. SECTION 11. Management of Company 11.1 Powers and Duties of Managers. The Managers shall be responsible for the day- to-day management of tie Company's business and affairs and shall devote such time and effort to the Company as shall reasonably be required for its welfare and success. Specifically, except as a North Carolina or any other state on behalf of the Company. If at any time the Managers deem it advisable or in the best interests of the Company that any property should be held by a nominee, they may transfer such properly to a corporation, individual, or other nominee for die Company, but notwithstanding the transfer of any such nominee, said property shall be deemed to be the property of the Company. Except as otherwise specifically provided in this Agreement, any decision or determination required or permitted to be made hereunder by the Managers shall be made by a majority of the Managers if at such time there is more than one Manager then acting. The Members hereby appoint John Lare as the Manager of the Company. 11.2 Limitations on Authority of Manager. Notwithstanding die provisions of Section 11.1 above, the consent of a majority in interest of the Members shall be required to do any of the following: (a) directly or indirectly sell, transfer or otherwise dispose of all or substantially all of the assets of the Company, or merge or combine the Company with any other person or entity hi any form of business combination (including without limitation entering into any joint venture or partnership with any other person or entity); (b) liquidate, dissolve or wind up the Company or any action by die Company under any bankruptcy or insolvency statute or any other statute relating to any of the foregoing; (c) any act in contravention of this Agreement; (d) any act which would make it impossible to carry on the ordinary business of the Company; (e) confess a judgment against the Company; or (1) file or consent to filing a petition for or against the Company under any Federal or State bankruptcy, insolvency, or reorganization act. 11.3 Compensation for Services. The Company may pay to the Manager compensation for any services that the Manager renders to the Company, in an amount commensurate with the value of tic services rendered as determined by the Manager. If at any time there is more than one Manager then acting, the Managers shall be compensated on an equal basis unless otherwise approved by all the Managers. 11.4 Members Who Are Not Managers. Members who are not Managers shall not participate in the general conduct or control of the Company's affairs and shall have no right or authority to act for or to bind the Company. Subject to the limitations set forth herein, the Members hereby consent to the exercise by the Managers of the powers conferred by this Agreement and to the employment, when and if the same is deemed necessary or advisable, of such brokers, agents, accountants, attorneys, and such other advisors as the Managers may determine to be appropriate for the management of the Company business. 11.5 Liability of Managers. So long as the Managers shall act in good faith with respect to the conduct of the business and affairs of the Company, the Managers shall not be liable or accountable to the Company or to any of the Members, in damages or otherwise, for any error of judgment, for any mistake of fact or of law, or for any other act or thing which they may do or refrain from doing in connection with the business and affairs of the Company except in the case of willful misconduct or gross negligence or breach of fiduciary duty. 11.6 Indemnity. The Company does hereby indemnify and agree to hold the Managers wholly harmless from and against any loss, expense, or damage suffered by them by reason of anything they may do or refrain from doing hereafter for and on behalf of the Company and in furtherance of its interests; provided, however, that the Company shall not be required to indemnify any Manager for any loss, expense, or damage which might suffer as a result of such Manager's willful misconduct or gross negligence or breach of fiduciary duty. 11.7 Independent Investments. Airy Member may engage independently or with others in other business ventures of every nature and description, whether or not in competition with the Company and its assets and properties and neither the Company nor any other Member shall have any rights in and to such independent ventures or the income or profits derived therefrom. SECTION 12. Investment Representations of the Members 12.1 Investment Intent. Each Member does hereby represent and warrant to the Company that he has acquired his interest in the Company for investment solely for his own account with the intention of holding such interest for investment, without any intention of participating directly or indirectly in any distribution of any portion of such interest, and without the financial participation of any other person in acquiring his interest in the Company. 12.2 Unregistered Company Interests. Each Member does hereby acknowledge that he is aware that his interest in the Company has not been registered (i) under the Securities Act of 1933, as amended (the "Federal Act"), (ii) under the Uniform Securities Act of the State of North Carolina, as amended (the "Uniform Securities Act"), in reliance upon the exemption contained in Section 78A-17(9) of the Uniform Securities Act, or (iii) under any other State securities laws. Each Member further understands and acknowledges that his representations and warranties contained in this Section 12 arc being relied upon by the Company as the basis for the exemption of the Members' interests in the Company from the registration requirements of the Federal Act and from the registration requirements of the Uniform Securities Act and all other State securities laws. Each Member further acknowledges that the Company will not and has no obligation to recognize any sale, transfer, or assignment of all or any part of his interest in the Company to any person unless and until the provisions of Section 17 hereof have been fully satisfied. G 12.3 Nature of Investment. Each of the Members does hereby acknowledge that prior to his execution of this Agreement, he received a copy of this Agreement and that he has examined this Agreement or caused this Agreement to be examined by his representative or attorney. Each of the Members does hereby further acknowledge that he or his representative or attorney is familiar with this Agreement and with the Company's plans to engage in the business of investment and asset management. Each Member acknowledges that he or his representative or attorney has made such inquiries and requested, received, and reviewed any additional documents necessary for him to make an informed investment decision and that he does not desire any further information or data relating to the Company. 12.4 Legend on Agreement and Certificate. Each of the Members does hereby acknowledge and agree that a legend reflecting the restrictions imposed upon the transfer of his interest in the Company under Sections 16 and 17 hereof, under the Federal Act, under the Uniform Securities Act, and under any applicable State securities laws may be placed on any certificate evidencing ownership of any interest in the Company or under this Agreement. SECTION 13. Banking The funds of the Company shall be kept in one or more separate bank accounts in the name of the Company in such banks or other depositories as may be designated or shall otherwise be invested in the name of the Company in such manner and upon such terms and conditions as may be designated. All withdrawals from any such bank accounts or investments established by the Company hereunder shall be made on such signature or signatures as may be authorized from time to time by the Members. SECTION 14. ACCOUNTING 14.1 Fiscal Year. The fiscal year of the Company shall end on the last day of the calendar year. 14.2 Method of Accounting. The Company's books of account shall be maintained, and its income, gains, losses, and deductions shall be determined and accounted for, in accordance with such method of accounting as may be adopted for the Company for Federal income tax purposes, and for purposes of this Agreement, the Company shall account for each and every item of its income, gain, loss and deduction in the same manner as it accounts for each such item for income tax purposes. 14.3 Financial and Operating Statements and Tax Returns. Within ninety (90) days from the close of each fiscal year of the Company, the Company shall deliver to each of the Members unaudited financial statements which set forth the results of the operations of the Company for such year, the unpaid balance due on all obligations of the Company, and each Member's share of the net profit or net loss of the Company for such year. In addition, within ninety (90) days from the close of each fiscal year of the Company, the Company shall deliver to each Member a statement setting forth such Member's allocable share of the tax items of the Company for such year, and all such other information as may be required to enable each Member to prepare his Federal, State, and local income tax returns in accordance with all then applicable laws, rules, and regulations. The Company also shall cause to be prepared and filed all Federal, State, and local income tax returns required of the Company for each fiscal year. 14.4 Location of and Access to Company Records. The following records of the Company shall be kept at its registered office where they shall be subject to inspection and copying at the reasonable request and at the expense of any Member during ordinary business hours: (a) a current list of the full name and last known business, residence or mailing address of each Member, separately identifying the Members (in alphabetical order); (b) a copy of the articles of organization of the Company and all certificates of amendment thereto; (c) copies of the Company's Federal, State, and local income tax returns and annual reports of the Company filed with the Secretary of State of North Carolina in accordance with §57C-2-23 of the Act for the three (3) most recent years; and (d) copies of this Agreement, as amended, and of any financial statements of the Company for the three (3) most recent years. 14.5 Tax Elections, The Members may cause the Company to make any and all elections applicable to a partnership for Federal and State income tax purposes as the Members in their sole discretion shall deem to be in the best interest of the Members and the Company. Such elections include, but are not limited to, an election under section 754 of the Code with respect to distributions of a partnership interest described in section 734 of the Code and with respect to transfers of partnership property described in section 743 of the Code. SECTION IS. Admission of Members 15.1 Admission by Consent of Members. Except as otherwise specifically provided in this Agreement, no person, firm, corporation, or other entity shall be admitted to the Company as either a Manager or a Member without the consent of a majority in interest of the Members. 15.2 Substitute Member. In the event a Member transfers all or any part of his or her interest in the Company in compliance with the provisions of Section 17 hereof, the transferee of such Member shall not have the right to become a substitute Member of the Company unless the transferring Member has given his or her transferee such right and unless: 10 (a) the transferring Member and his or her transferee execute and deliver such instruments as the Members deem necessary or desirable to effect such substitution; (b) such transferee accepts and agrees in writing to be bound by all of the terns and provisions of this Agreement; and q such transferee pays all reasonable expenses connected with such substitution. SECTION 16. General Restriction on Transfer No Member shall transfer any of his interest in the Company except as expressly provided in this Agreement. No Member shall during the term of this Agreement create a security interest in, hypothecate, pledge or otherwise encumber any of his interest in the Company without the consent of the other Members. it is expressly agreed and understood by the Members that no spouse or descendant of any Member shall have any rights or interest in any interest in the Company held by any Member, whether created by will, the laws of intestacy, express agreement between a Member and his spouse or the laws of divorce and equitable distribution. Any purported transfer in violation of this Agreement shall be void and shall not transfer any interest or title to the purported transferee. The Company shall not be required to transfer on its books any interest of any Member sold or transferred in violation of any of die provisions set forth in this Agreement or to treat as owner of such interests or to malce distributions to any transferee to whom any of such interests shall have been sold or transferred. SECTION 17. Withdrawal, Rights of First Refusal, Defaulting Events and Disabling Events 17.1 Withdrawal. (a) Any Member may elect to withdraw from the Company (hereinafter sometimes referred to as a "Withdrawing Member") and to sell his entire interest in the Company to the Company only hi accordance with this Section 17.1 by serving written notice of such election upon the Company. Such notice shall set forth the date upon which such proposed withdrawal shall become effective (the "Withdrawal Effective Date"), which shall be not less than sixty (60) clays and not more than ninety (90) days from the date of such notice. (b) In the event of the proposed withdrawal of a Member, the Company shall have the option, exercisable by giving written notice to the Withdrawing Member within ninety (90) days of the date of notice of withdrawal given by tire Withdrawing Member as described in Section 17.1(a) hereof, to purchase the entire interest of the Withdrawing Member at the price determined in accordance with this Section 17.L The option price for a Withdrawing Member's interest in the Company shall be an amount equal to the fair market value of such interest as of the Withdrawal Effective Date, with such fair market value to be determined as provided in Section 11 17.3 of this Agreement. (c) Thereafter, but in no event later than ninety (90) days after the Withdrawal Effective Date, if the Company exercises its option, the Company shall make a distribution of property (which may be cash or other assets of the Company or interests therein) to the Withdrawing Member with a value equal in amount to the purchase price for the Withdrawing Member's interest; provided, however, that at the election of the Company such distribution to the Withdrawing Member may be made in three (3) equal annual installments, the first of which shall be made on the ninetieth (90th) day after the Withdrawal Effective Date and one of which shall be made on the same date in cacti of the two (2) years thereafter; provided, further, however, that notwithstanding an election by the Company to make the distribution to the Withdrawing Member in three (3) equal annual installments, the Company may accelerate without penalty all of such installments at any time or any part of such installment at any time. In the event the Company elects to make distributions to the Withdrawing Member in three (3) equal annual installments as provided herein, the Company, in addition to such annual installments, shall pay the Withdrawing Member additional amounts computed as if the Withdrawing Member is entitled to interest on the undistributed amount of the total distribution to which the Withdrawing Member is entitled hereunder at an annual rate equal to the applicable Federal rate in effect under section 1274(d) of the Code, as determined on the ninetieth (90th) day after the Withdrawal Effective Date, which additional amounts, computed like interest, shall be due and payable on the same dates as the annual installments of the distribution payable to the Withdrawing Member hereunder, The distribution to a Withdrawing Member provided for herein shall be in complete liquidation and termination of the Withdrawing Member's interest in the Company and shall be treated as payment in exchange for the Withdrawing Member's interest in the Company's property. Simultaneously with the receipt of such distribution or the first installment thereof as the case may be, the Withdrawing Member shall execute all documents deemed necessary or appropriate, in the opinion of counsel for the Company, to evidence the Withdrawing Member's withdrawal from the Company and the transfer of his interest in the Company to the Company as of the Withdrawal Effective Date. (d) It is hereby recognized, acknowledged and agreed that amounts distributed to a Withdrawing Member pursuant to this Section 17.1 shall be payments made in exchange for such Withdrawing Member's entire interest in the Company's property and assets and shall be considered a distribution by the Company to such Withdrawing Member under section 736(b) of the Code. (e) The Withdrawing Metnber shall cease to he a Member upon the Withdrawal Effective Date. 17.2 Rights of First Refusal. No Member shall sell any of his interest in the Company now or hereafter owned by him to any person, except as otherwise permitted by this Agreement, unless such Member shall first 12 deliver to the other Members and to the Company a notice (the "Notice") stating: (a) that such Member has received a bona fide offer from an offeror (the "Offeror") to purchase all or a portion of the interest in the Company owned by such Member and to assume the obligations of such Member under this Agreement with regard to the interest to be sold; (b) the name and address of the Offeror; (c) the interest which such Member desires to sell; (d) the price currently being offered to such Member by the Offeror, including the terms of payment and the other terms of such offer; and (e) the proposed closing date of the transaction. Any such Notice stating a closing date less than ninety (90) days after the date of delivery of the Notice to the Company shall be null, void and of no effect. The Company shall have the right to purchase all the interest subject to the offer by the delivery of written notice of acceptance to such Member within forty-five (45) days after receipt of Notice from such Member. Upon receipt of such notice of acceptance, such Member shall sell such interest to the Company at a price and upon the terns contained in the Notice. The decision of whether the Company will elect to purchase such interest shall be made by a majority of the nonselling Members; provided, however, if the Company elects to exercise such option, then the selling Member shall vole to take any other action necessary to effectuate the election. If the Company elects not to purchase all of the interest offered for sale by the selling Member, it shall promptly notify all parties to this Agreement in writing of its decision. In the event that the Company does not elect so to purchase all the interest offered, the nonselling Members shall have the right (pro rata according to their respective ownership interest in the Company where appropriate), within fifteen (15) days of the date of the notice of nou- election by the Company, to purchase not less than all the interest offered for sale and the selling Member shall sell such interest to such parties at a price and upon the terms contained in the Notice. If neither the Company nor the other Members elect to exercise this right of first refusal and do not purchase the offered interest, the selling Member may, within a period of one hundred twenty (120) days from the date the Notice was first delivered to the Company, sell to the Offeror all the interest to which the Notice related at a price not less than the price stated in the Notice and upon terms, including terms of payment, stated therein. Before such sale shall be consummated, the Offeror shall have executed and delivered to the Company and the other Members his agreement that the Offeror and the interest held by the Offeror shall be bound by the terms of this 13 Agreement to the same extent as if the Offeror had been an original party hereto. if such interest is not so sold to the Offeror within such one hundred twenty (120) day period, such interest shall again become subject to all 0ie restrictions of this Agreement. If part of the purchase price is paid by delivery of the purchasing party's promissory note, then, as security for payments due under the terms of such note, the purchasing party shall grant to the selling Member a secority interest in the interest being purchased by executing a pledge and escrow agreement and whatever additional documents may be necessary to perfect the security interest of the selling Member. Such security documents shall provide that the purchasing party shall deposit the interest such party is purchasing with an escrow agent and that, if the purchasing party defaults under the terms of such promissory note or security documents, the selling Member shall have the right to exercise all rights of a secured party under the North Carolina Uniform Commercial Code. The closing of the sale of such interest to the Company or to the other Members pursuant to this Section 17.2 shall be held at the principal office of the Company within ninety (90) days of the date of delivery of notice of acceptance and such sale shall be made at the price and upon the terms determined as set forth above. 17.3 Purchase of Defaulting Member's Interest. (a) Upon the occurrence of a Defaulting Event with respect to a Member (the "Defaulting Member"), the Defaulting Member shall cease to be a Member and the Company shall have the right, exercisable by giving written notice to the Defaulting Member within sixty (60) days after the date of the Defaulting Event (for purpose of this Section 17.3, the date such notice is given by the Company is hereinafter referred to as the "Notice Date"), to purchase the Defaulting Member's interest in the Company for a purchase price equal to the fair market value of such interest. The fair market value of the interest of the Defaulting Member shall be the amount that the Defaulting Member would receive in exchange for his entire interest in the Company if the Company sold all of its assets, subject to their liabilities, at their fair market values as of the Notice Date and distributed the net proceeds from such sale in complete liquidation of the Company. (b) The fair market value of tite Defaulting Member's interest shall be determined as expeditiously as possible by a disinterested appraiser mutually selected by the Defaulting Member and the Company (the Company's selection being made by the remaining Members exclusive of the Defaulting Member's interest). If the Defaulting Member and the Company are unable to agree upon a disinterested appraiser, then the Defaulting Member and the Company shall each select a disinterested appraiser and if the disinterested appraisers selected are unable to agree as to the fair market value of the Defaulting Member's interest, then the two disinterested appraisers shall select a third disinterested appraiser who shall determine the fair market value. The determination of the fair market value of the Defaulting Member's interest by the appraiser or 14 appraisers shall be conclusive and binding on all parties. All costs of an appraiser mutually selected by the Defaulting Member and the Company or by the two disinterested appraisers shall be shared equally by the Defaulting Member and the Company. All costs of an individually selected appraiser shall be borne by the party selecting each appraiser. (c) The purchase price shall be paid in the same manner as provided in Section 17.1(c) hereof with respect to purchase of a Withdrawing Member's interest in die Company, with the first annual installment to be paid within thirty (30) days of the determination of fair market value by the parties or, if applicable, by the appraisal firm referred to above. Any unpaid capital contributions of the Defaulting Member and any damages occurring to the Company as a result of the Defaulting Event shall be taken into account in determining the net amount due the Defaulting Member at the closing, and any excess of such unpaid capital contributions or damages over the amount due at closing shall be netted against subsequent installment payments as they become due. 17.4 Purchase of Disabled Member's Interest. (a) Upon the occurrence of a Disabling Event with respect to a Member (the "Disabled Member"), the Disabled Member shall cease to be a Member and the Company shall have the right, exercisable by giving written notice to the Disabled Member or his personal representative within sixty (60) days after the date of the Disabling Event (for purpose of this Section 17.4, the dale such notice is given by the Company is hereinafter referred to as Ore "Notice Date"), to purchase the Disabled Member's interest in the Company for a purchase price equal to the fair market value of such interest as of the Notice Date, with such fair market value to be determined as provided in Section 17.3 of this Agreement. (b) The purchase price shall be paid in the same manner as provided in Section 17.1(c) hereof with respect to purchase of a Withdrawing Members interest in the Company, with the first annual installment to be paid within thirty (30) days of the determination of fair market value by the parties or, if applicable, by the appraisal firm referred to above; provided, however, that once the purchase price of the Disabled Member's interest in the Company has been determined, any proceeds of life insurance received by the Company and payable hereunder, up to the amount of the purchase price to be paid for the interest of a Disabled Member, shall be paid within thirty (30) days after receipt thereof The closing of the sale of the Disabled Member's interest to the Company pursuant to this Section 17.4 shall be held at the principal office of the Company within thirty (30) days of the occurrence of a Disabling Event. 17.5 Purchase Upon Death. a) Upon the death of a Member (hereinafter referred to as Decedent), all of the interest of the Company owned by him shall become the property of Decedent's spouse and if no spouse then the property of the Decedent's estate. Spouse may elect to retain the interest or sell to the Company for the price set forth herein. The Decedent's Personal Representative shall be 15 obligated to sell to the Company, all of the interest of the Company owned by the Decedent and to which the Decedent or his Personal Representative shall be entitled, at the price set forth herein. b) Purchase Price. Unless the parties agree to another price in writing, the price for any interest to be sold under this Agreement shall be equal to its fair market value as an ongoing business concern as determined in the discretion of a Certified Public Accountant, (CPA) which shall be selected by members holding two-thirds majority ownership interest in the Company and such determination by the CPA shall be binding and conclusive upon the parties hereto. As part of any sale as provided herein, 10% of the purchase price shall be paid back to the Company as compensation for expenses incurred as a result of the sale process. 17.6 Buy/Sell Option. In the event any Member is dissatisfied with the conduct of the affairs of the Company or otherwise desires to end his participation in the affairs of the Company, such Member may serve notice to such effect upon the other Member and the Company; Such notice shall state that the Member is not satisfied with the present arrangements of the Company and offers to either sell all of his interest in the Company or to purchase all of the other Member's interest in the Company and shall specify' a price for such interest. The terms of such offer shall be cash and include the removal of the selling party's endorsements or other guaranties upon obligations of the Company and the repayment of any loans made by the selling Member to the Company. The party receiving such notice shall have a period of thirty (30) days to treat such notice as an offer to sell such receiving party's interest in the Company and to accept such offer. Upon failure to accept, the receiving party shall be deemed to have agreed to sell his interest in the Company upon the terms and conditions contained in the notice. The closing of the sale of the interest in the Company sold pursuant to this Section 17.5 shall be held at the principal office of the Company at such time as may be specified in the notice by the purchasing party within forty-five (45) days from the date of delivery of the notice. The terms of the sale shall be those terms contained in the notice. Provided, however, that during any time which the Company has more or less than two (2) Members of equal Membership Interest, this Section 17.5 shall not be effective or operable. SECTION 18. Dissolution, Liquidation, and Termination of Company 18.1 Dissolving Events. The Company shall be dissolved, liquidated, and terminated upon the happening of any of the following events: Company; (a) The agreement of a majority in interest of the Members to dissolve the (b) On December 31, 2099; 16 (c) The occurrence of a Defaulting Event, unless within the sixty (60) day period immediately following the happening of such Defaulting Event, the remaining Members other than the Member with respect to whom the Defaulting Event has occurred consent in writing to continue the Company, or without regard to such consent, such remaining Members cause the Company to purchase the interest of the Member with respect to whom the Defaulting Event has occurred under the terms of Section 17.3 of this Agreement or (d) Except as otherwise provided in Section 18.1(e) below, the withdrawal of a Member, unless the remaining Members elect to continue the Company, 18.2 Method of Liquidation. Upon the happening of any of the events specified in Section 18.1 above that require the Company to be dissolved, liquidated, and terminated, unless the Company is continued as provided in Section 18.1(c), (d) or (e), all of the Company's assets shall be liquidated, and the Company shall be dissolved, In the course of such liquidation and dissolution, any of die Company's assets may be sold, and notwithstanding the provisions of the Act, any and all proceeds derived from such sale, together with all Company assets which are not sold, shall be applied and distributed in the following manner and in the following order of priority: (a) To the payment of the debts and liabilities of the Company, including any debts or liabilities, other than Capital Accounts, owed to the Members, and to the expenses of liquidation in the order of priority as provided by law; then to (b) The establishment of any reserves which the Members deem necessary for any contingent or unforeseen liabilities or obligations of the Company; provided, however, that any such reserves established by the Members shall be paid over to a bank or other designated agent to be held in escrow for the purpose of paying any such contingent or unforeseen liabilities or obligations and, at the expiration of such period as the Members deem advisable, of distributing the balance of such reserves in the manner hereinafter provided in this Section; then to (c) The payment to each Member of his Capital Account; and then to (d) The Members in proportion to their respective Percentage Interests in the Company. 18.3 Reasonable Time for Liquidation. A reasonable time shall be allowed for the orderly liquidation of the Company's assets pursuant to Section 18.2 above in order to minimize the losses normally attendant upon such a liquidation. 18.4 Date of Dissolution. The Company shall terminate and dissolve when all of its assets have been applied and distributed in accordance with the provisions of Section 18.2 above. The establishment of any reserves in accordance with the provisions of Section 18.2 above shall not 17 have the effect of extending the term of the Company, but any such reserves shall be distributed in the manner provided in such Section upon expiration of the period of such'reserve. SECTION 19. General Provisions 19.1 Waiver of Rigbt of Partition. Each of the Members does hereby agree to and does hereby waive any right such Member may otherwise have to cause any asset of the Company to be partitioned among the Members or to file any complaint or to institute any proceeding at law or in equity seeking to have any such assets partitioned. 19.2 Notices. Except as otherwise specifically provided in this Agreement, whenever any notice or other communication is required or permitted to be given hereunder, such notice or other communication shall be in writing and shall be (as elected by the party giving such notice) (a) delivered in person, or (b) sent by U.S. registered or certified mail, return receipt requested, postage prepaid to the person to whom such notice is intended to be given at such address as such person may have previously furnished in writing to the Company or to such person's last lcnown address. Notwithstanding the foregoing, notice of meetings of the Members may be sent by regular fist -class mail. Any notice or other communication delivered in person shall be deemed effectively given when delivered, and any such notice or other communications mailed as heremabove provided shall be deemed effectively given on the date of receipt. 19.3 Waivers. No term or condition of this Agreement shall be considered waived by a Member unless such waiver is in writing and is signed by such Member. 19.4 Binding Effect. This Agreement shall here to the benefit of and shall be binding upon the Members, their legal representatives, transferees, heirs, successors, and assigns. 19.5 Duplicate Originals. For the convenience orthe Members, any number of counterparts hereof may be executed, and each such counterpart shall be deemed to be an original instrument. 19.6 Construction. This Agreement shall be interpreted and construed in accordance with the laws of the Slate of North Carolina. The titles of the Sections and Subsections herein have been inserted as a matter of convenience of reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein. 19.7 Gender. Throughout this Agreement, wherever the context requires or permits, genders shall be deemed interchangeable, and the single number shall be deemed to include the plural, and vice versa. 19.8 Separability of Provisions. Each provision of this Agreement shall be considered separable and (i) if for any reason any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or M affect those portions of this Agreement which arc valid, or (ii) if for any reason any provision or provisions herein would cause the Members to be bound by the obligations of the Company under the laws of North Carolina as the same may now or hereafter exist, such provision or provisions shall be deemed void and of no effect. 19.9 Arbitration. All disputes arising out of or in connection with this Agreement or any transaction hereunder shall be finally settled under the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrators' award shall be final and binding. Judgment upon the award rendered may be entered in any court having jurisdiction over the party against which the award is rendered. The Members expressly consent to the jurisdiction of the federal and state courts situated in North Carolina for the purpose of enforcing any arbitration award rendered pursuant to this Section 19.9. The arbitration shall take place in Wilmington, North Carolina or such other place as the parties may agree. The arbitration shall include (i) a provision that the prevailing party in such arbitration shall recover his or its costs of the arbitration and reasonable attorneys' fees from the other party or parties, and (ii) the amount of such fees and costs. [Signatures appear on the following page.] IN WITNESS WHEREOF, the parties hereto have executed, sealed, and delivered this Agreement as of the date first above' written. COMPANY: Park at Village Oaks, LLC By: 4 �D Jolt' Lire, Manager M EMBERS: M & John Properties, LLC By: AL) John r, Manager Matnieteed Bui ers, LLC by: (SEAL) Dave Sweyer, MaKager (SI'sAL) `Com Tucker, Manager (Individually) 20 Exhibit A Initial Capital Contributions Member M & John Properties, LLC Matthew Reed Builders, LLC Tom Tucker Description of Contribution Exhibit B Initial Capital Accounts Percentage of Initial initial Capital Member Capital Contribution Account M & John Properties, LLC 33 1/3% $ Matthew Reed Builders, LLC 33 1/3% $ Tom Tucker 33 1/3% TOTAL: 100.0% X:1WIM- Corporations\LLCTork at Village Ouks\pork at village oaks op agreempd re TopoZone -The Web's Topographic Map Page 1 of 1 Winnabow quadrangle M=-8.921 Projection is UTM Zone 17 NAD83 Datum G=1.685 http://www.topozoile.com/print.asp?z=17&n=3792483 99872067&e=775610.0003052&s=5... 2/7/2006 C P. 1 FILE MODE -------------- 582 IIEI10RY TX * * * COMMUNICATION RESULT REPORT ( FEB OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) ----- 9-25625B4 3.2006 10:55AM ) * * * TTI NCDENR WIRO RESULT PAGE ---------------------------------- OK P. 3/3 E-2) BUSY E-4) NO FACSIMILE CONNECTION FAX COVER SHEET Date: February 3, 2006 No. of Pages: 3 To: Mark Hargrove, PE From: Robert Gordon Express permitting section Company: Withers & Ravenel FAX # 910.350-2004 FAX #: 256.2584 Phone # 910-796-7303 DWO Stormwater Project Number: SW8 060133 Project Name: Village Oaks Apartments MESSAGE: Attached is the request for additional information for Village Oaks. The original will be mailed to the applicant and a copy will also be mailed to you. I did not include this on the add -info letter, but according to the letter submitted by the lawyer, the owner/developer listed on the drawings is incorrect. Please call If you have any questions. Thanksl FAX COVER SHEET Date: February 3, 2006 No. of Pages: 3 To: Mark Hargrove, PE From: Robert Gordon-- Express permitting section Company: Withers & Ravenel FAX # 910-350-2004 FAX #: 256-2584 Phone # 910-796-7303 DWQ Stormwater Project Number: SW8 060133 Project Name: Village Oaks Apartments MESSAGE: Attached is the request for additional information for Village Oaks. The original will be mailed to the applicant and a copy will also be mailed to you. I did not include this on the add -info letter, but according to the letter submitted by the lawyer, the owner/developer listed on the drawings is incorrect. Please call if you have any questions. Thanks! QF W ATFR Michael F. Easley, Governor William G. Ross, Jr., Secretary C North Carolina Department of Environment and Natural Resources O Alan W. Klimek, P.E. Director Division of Water Quality February 3, 2006 Mr. John Lare Park at Village Oaks, LLC 315 Friday Drive Wilmington, NC 28411 Subject: Request for Additional Information Stormwater Project No. SW8 060133 Village Oaks Apartments Brunswick County Dear Mr. Lare: The Wilmington Regional Office received a Stormwater Management Permit Application for Village Oaks Apartments on January 25, 2006. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. The Articles of Incorporation filed with the aetretary of State's Office lists the Park at Village Oaks, LLC as a manager-m na LLC. The letter from Mr. William Fuss dated January 20, 2006 lists no manager ly 3 members (one of which is M & John Properties — John Lare). DWQ must issue a stormwater permit to the Manager of an LLC. Please provide documentation that M & John Properties, LLC is a Manager of Park at Village Oaks, LLC. 2. The coordinates listed on page 2 of the p cation appear incorrect. Please list coordinates either in the degree, minute econds or decimal degrees format (NAD83). 3. Please complete the dimensions oft permanent pool. They are partially dimensioned. 4. Please provide dimensions for the p osed buildings. Typical dimensions may be used where appropriate. 5. Please add a note to the drawings indicati g ump will be provided the drain the pond for maintenance or in an emergency. 6. Please specify a maximum opening size on the trash rack of 4". 7. Please note that the cleanout d pths sted on the supplement provide no sediment accumulation volume. Typically, t sediment cleanout depths are set at about 75% of the design depth. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to February 15. 2006, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicet-877-623-6748 One Wilmington Regional Office Wilmington, NC 284053845 FAX (910)350-2004 Internet: h2o.enr.state.nc.us NOrti]Car011ntl An Equal Opportunity/Affirmative Action Employer — 50 % Recycled110 % Post Consumer Paper Naturally .Village Oaks Apartments February 3, 2006 Stormwater Permit # SW8 060133 If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7303. Sincerely, Robert D. Gordon Environmental Engineer II ENB/rdg: S:\WQS\STORMWATER\ADDINFO\2006\060133.feb06 cc: Mark Hargrove, PE, Withers & Ravenel Robert D. Gordon WITHERS &' RAVENEL ENGINEERS I PLANNERS I SURVEYORS 7040 Wrightsville Avenue, Suite ioi WILMINGTON, NORTH CAROLINA, 26403 (910)256-9277 FAX (910) 256-2584 To: NC Division of Water C 127 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter ® Attached ❑ Prints ❑ Change order JAN i i5 LETTER OF TRH° NSMIMAL Robert Gordon PHONEA 00 REE. Village Oaks Apartments I� Cttlif��JirfLl_ :�7_t� �I_1DQS111 ❑ Under separate cover via ® Plans ❑ Samples ❑ Diskette ❑ _ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 1 Stormwater Management Permit Application Form (SWU-ioi) 1 Wet Detention Basin Supplement for Pond No. 1 (SWU-102) 1 Wet Detention Basin Supplement for Pond No. 2 (SWU-102) 1 Copy of letter explaining the LLC structure THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑Resubmit copies for approval ❑Submit copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Please replace the permits with thes \LP01P AZl ,1 Aw1IC 0 V'A�SSed ar�cie\CA d, COPYTO: File, Tom Tucker SIG tfenclosures are not as noted, kindly notify us at once. VILLAGE OAKS APARTMENTS NCDWQ STORMWATER CALCULATIONS January lit, 2006 SEAL 19742 IV Withers & Ravenel, Inc. 7040 Wrightsville Avenue, Suite 101 Wilmington, North Carolina 28403 (910) 256-9277 W&R Project Number 204402.01 STORMWATER NARRATIVE VILLAGE OAKS APARTMENTS TOWN OF LELAND, NC SITE DESCRIPTION The site is located between Old Fayetteville Road (S.R. 1437) and Village Road (S.R. 1472) in the Town of Leland, NC. This project consists of clearing, grading, and the installation of a parking lot and supporting infrastructure for the proposed 123-unit apartment complex. The apartment complex consists of an onsite self-service laundry room, office/model and a Clubhouse with a swimming pool. The erosion control plan identifies the appropriate measures to be implemented for erosion control purposes during construction of the parking lot and infrastructure associated with this development. The erosion control plan will be implemented in two phases. The project is approximately 9.52 acres in size and the disturbed area is 9.33 acres, 0.42 acres being within the right-of-way. The site is moderately wooded and slopes towards the middle of the site to an existing ditch. SOILS The soils of Village Oaks Apartments are primarily Baymeade series (BaB). These soils are generally well drained, located on uplands, and moderately coarse textured sediment with slopes ranging from 1 to 12 percent. Hydrological Group of "A". RMWATER NARRATIVE The primary stormwater measures include storm culvert systems conveying the stormwater to wet detention ponds that drain to an existing NCDOT ditch that runs along Old Fayetteville Road. Eventually the existing ditch is received by an unnamed tributary of Sturgeon Creek. All impervious area is treated onsite. The wet detention pond is sized to hold the 1-inch storage volume, therefore meeting the regulations for the Department of Water Quality. Calculations are provided for sizing the wet detention ponds. See Hydrographs No. 1 and 2. Hydraflow Plan View STM 11j 11 'I ® s M ea ® STM 3A 61I14 P SiM 1p w 4 1/pJJo r v 4� 12 STM 6A A r c STM 9 Oit1e1 ti•1 8�M}i 4 G g ®- T STM7 B �2\Mj STM 3 �� i� STM6 L-7 L8 STM9 L•5 STM 3L"4 m Sihi4 Lo STM6 - RUN1-POND1 No. Lines: 14 01-13-2006 Hydra0cw Slerm Sewers 2005 Storm Sewc-i Tabulation Page 1 Len Drng Area I Rnoff Area x C To Rain Total Cap Val Pipe Invert Elev HGL Elev Grnd / Rim Elev Line ID coeff (I) flow full hLmeTo [nor Total Incr Total Inlet Syat Size Slope Up Dn Up Dn Up Dn (ft) (ac) lac) (C) (min) (min) (in/hr) (cfs) (cfs) (ft/s) (in) (°/) (ft) (ft) (ft) (ft) (ft) (ft) 1 End 32.7 0.20 2.08 0.80 0.16 1.66 10.0 25.3 4.6 7.64 12.50 3.33 24 0.31 15.80 15.70 17.14 17.10 19.85 19.00 L-1 2 1 67.6 0.10 1.88 0.80 0.08 1.50 10.0 24.9 4.6 6.95 13.75 2.75 24 0.37 16.05 15.80 17.46 17.42 21.00 21.00 L-2 3 2 70.1 0.13 1.78 0.80 0.10 1.42 10.0 24.5 4.7 6.64 13.50 2.71 24 0.36 16.30 16.05 17.66 17.62 21.80 21.00 L-3 4 3 95.0 0.23 1.57 0.80 0.18 1.26 10.0 23.8 4.7 5.93 19.71 2.48 24 0.32 16.60 16.30 17.92 17.86 21.50 21.50 L-0 5 4 105.0 0.23 1.34 0.80 0.18 1.07 10.0 23.3 4.8 5.10 6.06 3.15 18 0.33 16.95 16.60 18.18 17.97 21.50 21.50 L-5 6 5 110.4 0.24 1.11 0.80 0.19 0.89 10.0 22.7 4.8 4.27 5.91 2.81 18 0.32 17.30 16.95 18.42 18.26 21.30 21.50 L-6 7 6 135.0 0.26 0.57 0.80 0.21 0.46 10.0 21.7 4.9 2.24 3.93 1.91 15 0.37 17.80 17.30 18.87 18.72 21.50 21.30 L-7 8 7 153.1 0.17 0.31 0.80 0.14 0.25 10.0 19.6 5.1 1.26 3.69 1.48 15 0.33 18.30 17.80 18.98 18.90 21.25 21.50 L-8 9 8 64.8 0.06 0.14 0.80 0.05 0A 1 10.0 17.7 5.3 0.59 4.74 1.24 15 0.54 18.65 18.30 19.06 19.04 22.20 21.25 L-9 10 9 56.6 0.04 0.08 0.80 0.03 0.06 10.0 14.8 5.6 0.36 3.84 1.18 15 0.35 18.85 18.65 19.16 19.13 22.30 22.20 L-10 11 10 47.5 0.04 0.04 0.80 0.03 0.03 10.0 10.0 6.3 0.20 3.63 1.04 15 0.32 19.00 18.85 19.23 19.19 22.30 22.30 L-11 12 3 110.0 0.08 0.08 0.80 0.06 0.06 10.0 10.0 6.3 0.40 3.64 0.33 15 0.32 16.65 16.30 17.99 17.99 21.50 21.80 L-3A 13 6 54.0 0.10 0.30 0.80 0.08 0.24 10.0 11.1 6.1 1.47 3.93 1.20 15 0.37 17.50 17.30 18.78 18.75 22.00 21.65 L-6A 14 13 56.0 0.20 0.20 0.80 0.16 0.16 10.0 10.0 6.3 1.01 3.86 0.85 15 0.36 17.70 17.50 18.81 18.80 22.00 22.00 L-613 RUN1-POND1 Number of lines: 14 Run Date: 01-13-2006 NOTES: Intensity = 121.80 / (Inlet time + 23.50) ^ 0.84: Return period = 10 Yrs. Hydraflaw Storm Sewers 2005 Hydraflow Plan View STM 16 STM 17 SThiIB---_g STM 19 STM 13 STM 14 STM 15 OU1fe0 ! ST;d 12 STM 12A p STM 17A SPA 12E I 13 STM 14A 8 l 1 RUN2-PO{VD2 No. Lines: 12 01-13-2006 Hydraflow Storm Sewers 2005 110 i 1 Scawci T a-bulatsu-1 t Page 1 Station Len Grng Area Rnoff Area x C Tc Rain Total Cap Vel Pipe Invert Elev HGL Elev Grnd / Rim Elev Line ID coeff (1) flow full Line To Incr Total Incr Total Inlet Syst Size Slope Up On Up On Up On Line (ft) (ac) (ac) (C) (min) (min) (in/hr) (cfs) (cfs) (ft/s) (in) (°/) (ft) (ft) (ft) (ft) (ft) (ft) 1 End 25.0 0.14 2.30 0.80 0.11 1.84 10.0 35.6 3.9 7.19 14.30 2.29 24 0.40 14A0 14.30 17.03 17.00 18.75 17.00 L-12 2 1 63.4 0.39 2.11 0.80 0.31 1.69 10.0 19.7 5.1 8.59 12.71 2.73 24 0.32 14.60 14.40 17.24 17.15 19.50 18.75 L-13 3 2 186.8 0.00 1.72 0.00 0.00 1.38 0.0 18.5 5.2 7.17 12.82 2.28 24 0.32 15.20 14.60 17.54 17.35 21.35 19.50 L-14 4 3 83.5 0.52 1.47 0.80 0.42 1.18 10.0 17.9 5.3 6.21 13.56 1.98 24 0.36 15.50 15.20 17.71 17.64 20.50 21.35 L-15 5 4 205.0 0.34 0.95 0.80 0.27 0.76 10.0 16.6 5.4 4.12 5.91 2.33 18 0.32 16.15 15.50 18.05 17.74 20.50 20.50 L-16 6 5 100.0 0.33 0.61 0.80 0.26 0.49 10.0 15.9 5.5 2.69 3.54 2.19 15 0.30 16.45 16.15 18.28 18.10 20.50 20.50 L-17 7 6 95.7 0.00 0.14 0.00 0.00 0A 1 0.0 13.1 5.9 0.66 3.91 0.53 15 0.37 16.80 16.45 18.47 18.46 21.60 20.50 L-18 8 7 106.0 0.14 0.14 0.80 0.11 0.11 10.0 10.0 6.3 0.71 5.25 0.63 15 0.66 17.50 16.80 18.48 18.47 20.50 21.55 L-19 9 1 48.6 0.04 0.05 0.80 0.03 0.04 10.0 31.6 4.1 0.17 4.14 0.14 15 0.41 14.60 14.40 17.23 17.23 19.25 18.35 L-12A 10 3 112.0 0.25 0.25 0.80 0.20 0.20 10.0 10.0 6.3 1.26 3.86 1.03 15 0.36 15.60 15.20 17.73 17.69 21.60 21.35 L-14A 11 6 112.0 0.14 0.14 0.80 0.11 0.11 10.0 10.0 6.3 0.71 3.61 0.58 15 0.31 16.80 16.45 18.47 18.46 21.60 20.50 L-17A 12 9 53.4 0.01 0.01 0.80 0.01 0.01 10.0 10.0 6.3 0.05 3.95 0.04 15 0.37 14.80 14.60 17.23 17.23 19.00 19.25 L-12B RUN2-POND2 Number of lines: 12 Run Date: 01-13-2006 NOTES: Intensity = 121.80 / (Inlet time + 23.50) " 0.84: Return period = 10 Yrs. H,crall.w St.= Sewers 2005 Hydraflow Plan View Outtal , r� 1 STM 20 o ! SiM 21 0 \3 9 9 10 STM 28 Sind 26 L-2"oA STM266A L-27 STM 7 L-24 11 ST _�,6 L23 STM "e9 12 �4, gTM 30 L--30 STFf3� i \4 STM23 W 14 \ !STM 32 ay STM 24 !\ s STM 2fi m RUN3-BYPASS No. Lines: 14 01-13-2006 Hydm low Storm Sewers 2005 Stu--, fI SV-W- ai Tabu Page 1 Station Len Drng Area Rnoff Area x C I To Rain Total Cap Vel Pipe Invert Elev HGL Elev Grnd / Rim Elev Line ID coeff (I) flow full Line To [nor Total o: Incr Total Inlet Syst Size Slope Up Dn Up Dn Up Dn Line (ft) (ac) (C) (min) (min) (in/hr) (cfs) (cfs) (ft/s) (in) (°/) (ft) (ft) (ft) (ft) (ft) (ft) 1 End 30.4 0.13 2.22 0.80 0.10 0.91 10.0 14.4 5.7 53.48 63.45 6.92 41 0.23 13.72 13.65 15.94 15.70 18.75 17.00 L-20 53 e 2 1 109.9 0.11 2.09 0.80 0.09 0.80 10.0 14.0 5.7 45.88 59.12 4.02 41 0.20 13.94 13.72 17.02 16.96 19.10 18.75 L-21 53 e 3 2 108.7 0.04 198 0.95 0.04 0.72 10.0 13.5 5.8 45.42 59.43 3.83 41 0.20 14.16 13.94 1Z58 17.41 19.10 19.10 L-22 53 e 4 3 38.8 0.09 0.19 0.80 0.07 0.15 10.0 10.8 6.2 14.69 16.23 4.68 24 0.52 15.35 15.15 18.08 17.91 19.25 19.10 L-23 5 4 100.0 0.10 0.10 0.80 0.08 0.08 10.0 10.0 6.3 6.73 15.99 2.14 24. 0.50 15.85 15.35 18.61 18.52 19.00 19.25 L-24 6 5 77.0 0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 6.23 10.31 1.98 24 0.21 16.01 15.85 18.71 18.65 19.50 19.00 L-25 7 3 139.6 0.35 1.75 0.30 0.11 0.53 10.0 12.9 5.9 30.60 29.87 4.33 36 0.20 14.44 14.16 18.21 17.91 20.50 19.10 L-26 8 7 170.0 0.35 1.40 0.30 0.11 0.42 10.0 12.3 6.0 30.03 42.80 4.25 36 0.41 15.14 14.44 18.72 18.38 20.50 20.50 L-26A 9 8 180.0 0.35 1.05 0.30 0.11 0.32 10.0 11.6 6.1 29.43 41.59 4.16 36 0.39 15.14 14.44 19.22 18.87 20.50 20.50 L-27 10 9 200.0 0.35 0.70 0.30 0.11 0.21 10.0 10.7 6.2 28.82 29.83 4.08 36 0.20 15.54 15.14 19.74 19.37 20.50 20.50 L-28 11 10 176.8 0.35 0.35 0.30 0.11 0.11 10.0 10.0 6.3 28.18 30.10 3.99 36 0.20 15.90 15.54 20.20 19.88 20.50 20.50 L-29 12 11 150.0 0.00 0.00 0.00 0.00 0.00 0.0 0.6 0.0 27.52 42.18 3,89 36 0.40 16.50 15.90 20.59 20.33 21.50 20.50 L-30 13 12 10.5 0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 2.23 4.46 1.82 15 0.48 19.00 18.95 21.02 21.01 22.00 21.50 L-31 14 12 90.0 0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 3.03 4.81 2.47 15 0.56 19.00 18.50 21.16 20.97 22.00 21.50 L-32 RUN3-BYPASS Number of lines: 14 Run Date: 01-13-2006 NOTES: Intensity = 121.80 / (Inlet time + 23.50) ^ 0.84; Return period = 10 Yrs. Hydranow storm sewers euuo WITHERS &- RAVENEL ENGINEERS I PLANNERS I SURVEYORS Village Road Apartments — Pond No.1 Total Area Draining to Pond= 128,065 SF = 2.94 AC Total Pre -Development Flow = Q = (3.02 acres) (0.25)(7.23 in/hr) = 5.31 cfs Total Proposed Impervious Surface Area Draining to Pond: Buildings Sidewalks Parking Lot = 34,079 sf = 4,337 sf = 45,142 sf 83,558 sf Impervious draining to pond = 83,558/128,065 = 65.2% Required Storage for 1-Inch of Runoff For Pond: (use Schueler Method) = 0.05 + 0.009 (1) = 0.05 + 0.009(65.2) = 0.637 = (1")(0.637)(1/12)(128,065) = 6,798 cf (7,315 cf provided at elev 17.10) POND DEPTH SA/DA % (FT) 5.0 4.66 If Pond Depth = 5.0 ft, minimum surface area = 5,968 sf Used 90% TSS chart to size pond Area a elevation 16.0 = 6,056 SF > 5,968 sf POND SURFACE AREA (MIN.) (SF) 5,968 Required storage for forebay: 20% of total permanent pool volume = (0.2)(11,588 cf) = 2,318 cf (2,419 cf PROVIDED — 20.9%) 7040 Wrightsville Avenue, Suite im Wilmington, North Carolina 28407 tel: 910-256 9277 fax:910-256-2584 www.withersravenercom WITHERS &- RAVENEL ENGINEERS I PLANNERS I SURVEYORS Pond Volume Contour Incremental Cumulative Elevation Area Volume Volume (ft) (so (cf) (cf) Bottom Elevation 11.00 181 0 0 12.00 668 425 425 13.00 1,226 947 1,372 14.00 1,847 1,537 2,908 15.00 3,020 2,434 5,342 Permanent Pool 16.00 4,634 3,827 9,169 Forebay Volume Contour Incremental Cumulative Elevation Area Volume Volume (ft) (so (cf) (cf) Bottom Elevation 12.00 142 0 0 13.00 323 233 233 14.00 563 443 676 15.00 857 710 1,386 Permanent Pool 16.00 1209 1,033 2,419 Forebay Volume is 20 :9�9/o?' of Pond Volume 7040Wrightsville Avenue, Suite ror Wilmington, North Carolina 28403 tel: 9ro 256-9277 fax:910 256 2584 wvww.withersravenet.com WITHERS &— RAVENEL ENGINEERS I PLANNERS 1 SURVEYORS Contour Incremental Cumulative Elevation Area Volume Volume (ft) (sf) (cf) (cf) Normal Pool 16.00 6,056 0 0 16.50 6,592 3,162 3,162 17.00 7,142 3,434 6,596 1" Storage Level 17.10 7,253 720 7,315 POND RELEASE TIME FOR CONTROL PIPE: POND ELEV. EFF. STORAGE VOL. RELEASED OUTFLOW RATE RELEASE TIME _(FAT (CF) (CF) (CFS) (HOURS) 17.10 7,315 719 0.043 4.6 17.00 6,596 3,434 0.041 23.2 16.50 3,162 3,162 0.029 30.3 16.00 0 TOTAL HOURS 58.2 DAYS 2.4 CONTROL PIPE : 1.25 INCH ORIFICE HOLE USED ORIFICE EQUATION TO DETERMINE OUTFLOW RATE Q = Cd*A*(2gh-/2 7040 Wrightsville Avenue, Suite rot Wilmington, North Carolina 28403 tel: 9ro-z5G 9z77 fax:910-256¢584 www.withersraveiiet.coni Hydrograph Report Hydraflow Hydrographs by Intelisolve Hyd. No. 1 Pond No. 1 Routing Hydrograph type Storm frequency Drainage area Basin Slope Tc method Total precip. Storm duration = SCS Runoff = 10 yrs = 2.94 ac = 0.4 % = KIRPICH = 6.72 in = 24 hrs Hydrograph Discharge Table Time -- Outflow (hrs cfs) 12.00 5.25 12.03 6.33 12.07 7.53 12.10 8.69 12.13 9.56 12.17 9.98 12.20 9.91 12.23 9.49 12.27 8.89 12.30 8.20 12.33 7.43 12.37 6.62 12.40 5.86 12.43 5.20 End Wednesday, Jan 4 2006, 6:31 PM Peak discharge = 9.98 cfs Time interval = 2 min Curve number = 75 Hydraulic length = 1100 ft Time of cone. (Tc) = 15.1 min Distribution = Type III Shape factor = 484 Hydrograph Volume = 40,620 tuft ( Primed values - 50% of Oil ) Hydrograph Report Hydraflow Hydrographs by Intelisolve Wednesday, Jan 4 2006, 6:31 PM Hyd. No. 2 Pond No. 1 Routing I-lydrograph type = Reservoir Peak discharge = 7.52 cfs Storm frequency = 10 yrs Time interval = 2 min Inflow hyd. No. = 1 Reservoir name = Pond No. 1 Max. Elevation = 17.57 ft Max. Storage = 10,993 cuft Storage Indication method used. Outflow hydrograph volume = 39,911 curt Hydrograph Discharge Table ' Primed values- 50h of op., Time Inflow Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Exfil Outflow (lirs) cfs ft Cfs cfs cis cfs cfs cis cfs cfs cfs cfs 12.10 8.69 17.31 4.49 0.05 ----- ----- 4.45 ----- ----- ----- ----- 4.49 12.13 9.56 17.37 5.67 0.05 ----- ----- 5.64 ----- ----- ----- ----- 5.69 12.17 9.98 << 17.43 6.47 0.05 ----- ----- 6.44 ----- ----- ----- ----- 6.49 '12.20 9.91 17.48 6.90 0.05 ----- ----- 6.89 ----- ----- ----- ----- 6.94 12.23 9.49 17.52 7.19 0.05 ----- ----- 7.19 ----- ----- ----- ----- 7.24 12.27 8.89 17.55 7.35 0.05 ----- ----- 7.35 ----- ----- ----- ----- 7.40 12.30 8.20 17.56 7.45 0.05 ----- ----- 7.45 ----- ----- ----- ----- 7.50 12.33 7.43 17.57 << 7.47 0.05 ----- ----- 7.47 ----- ----- ----- ----- 7.52 << 12.37 6.62 17.56 7.43 0.05 ----- ----- 7.43 ----- ----- ----- ----- 7.48 12.40 5.86 17.54 7.33 0.05 ----- ----- 7.33 ----- ----- ----- ----- 7.38 12.43 5.20 17.52 7.18 0.05 ----- ----- 7.17 ----- ----- ----- ----- 7.22 12.47 4.68 17.48 6.94 0.05 - 6.93 ----- ----- ----- ----- 6.98 12.50 4.23 17.45 6.62 0.05 ----- ----- 6.60 ----- ----- ----- ----- 6.65 12.53 3.81 17.41 6.29 0.05 ----- ----- 6.26 ----- ----- ----- ----- 6.31 12.57 3.41 17.37 5.67 0.05 ----- ----- 5.63 ----- ----- 5.68 12.60 3.03 17.34 5.04 0.05 ----- ----- 5.00 ----- ----- - 5.05 12.63 2.69 17,31 4.48 0.05 ----- ----- 4.44 ----- ----- ----- ----- 4.48 12.67 2.40 17.28 3.84 0.05 ----- ----- 3.80 ----- ----- ----- ----- 3.65 End Q Pond Report 3 Hydraflow Hydrographs by Intelisolve Pond No. 1 - Pond No. 1 Pond Data Pond storage is based on known contour areas. Stage / Storage Table Stage (ft) Elevation (ft) Contour area (syft) 0.00 16.00 6,056 1.00 17.00 7,142 2.00 18.00 8,284 3.00 19.00 9,483 4.00 20.00 10,738 Wednesday, Jan 4 2006, 6:31 PM Average end area method used. Incr. Storage (tuft) Total storage (curt) 0 0 6.599 6,599 7,713 14,312 8,884 23,196 10,111 33,306 Culvert / Orifice Structures Weir Structures [A] [B] [C] [D] [A] [B] [C] [D] Rise (in) = 16.00 1.25 0.00 0.00 Crest Len (ft) = 16.00 10.00 0.00 0.00 Span (in) = 18.00 1.25 0.00 0.00 Crest El. (it) = 17.10 19.50 0.00 0.00 No. Barrels = 1 1 0 0 Weir Coeff. = 3.00 3.00 0.00 0.00 Invert El.(ft) = 16.00 16.00 0.00 0.00 Weir Type = Broad Broad --- --- Length (ft) = 30.00 0.00 0.00 0.00 Multi -Stage = Yes No No No Slope I%) = 2.17 0.00 0.00 0.00 N-Value = .013 .013 .013 .000 Orif. Coeff. = 0.60 0.60 0.60 0.00 Multi -Stage = n/a No No No Exfiltrallon = 0.000 in/hr (Contour) Tailwater Elev. = 0.00 it Note: Culvaworif o,, outflows have been analyzed antler inlet antl outlet control. Stage 1 Storage I Discharge Table Stage Storage Elevation CIv A CIv B CIv C CIv D Wr A Wr B Wr C Wr D Exfil Total ft tuft ft cis cis cis cis cis cis cis cis cis cfs 0.00 0 16.00 0.00 0.00 --- --- 0.00 0.00 --- --- --- 0.00 0.10 660 16.10 0.00 0.01 --- --- 0.00 0.00 --- --- --- 0.01 0.20 1,320 16.20 0.00 0.02 --- --- 0.00 0.00 --- --- --- 0.02 0.30 1,980 16.30 0.00 0.02 --- --- 0.00 0.00 --- -- --- 0.02 0.40 2,640 16.40 0.00 0.02 --- -- 0.00 0.00 --- --- -- 0.02 0.50 3,300 16.50 0.00 0.03 --- --- 0.00 0oo --- --- --- 0.03 0.60 3,959 16.60 0.00 0.03 -- -- 0.00 0.00 --- --- --- 0.03 0.70 4,619 16.70 0.00 0.03 --- --- 0.00 0.00 --- --- --- 0.03 0.80 5,279 16.80 0.00 0.04 --- --- 0.00 0.00 -- --- --- 0.04 0.90 5,939 16.90 0oo 0.04 --- --- 0.00 0.00 --- --- -- 0.04 1.00 6,599 17.00 0.00 0.04 --- --- 0.00 0.00 --- --- --- 0.04 1.10 7,370 17.10 0.00 0.04 --- --- 0.00 0.00 --- --- --- 0.04 1.20 8,142 17.20 1.53 0.04 --- --- 1.52 0.00 --- --- --- 1.56 1.30 17.30 4.34 0.05 --- --- 4.29 0.00 --- --- --- 4.34 1.40 .8,913 9,684 17.40 6.22 0.05 -- --- 6.19 0.00 --- -- --- 6.24 1.50 10,456 17.50 7.09 0.05 -- --- 7.08 0.00 --- --- --- 7.13 1.60 11,227 17.60 7.64 0.05 --- --- 7.64 0.00 --- --- --- Z69 1.70 11,998 17.70 8.16 0.05 --- --- 8.16 0.00 --- --- --- 8.21 1.80 12,769 17.80 8.63 0.05 --- --- 8.62 0.00 --- --- --- 8.67 1.90 13,541 17.90 9.06 0.06 --- --- 9.05 0.00 -- -- --- 9.11 2.00 14,312 18.00 9.46 0.06 --- --- 9.44 0.00 -- -- --- 9.50 2.10 15,200 1B.10 9.85 0.06 --- --- 9.84 0.00 --- --- --- 9.90 2.20 16,089 18.20 10.21 0.06 --- --- 10.21 0.00 -- --- --- 10.27 2.30 16,977 18.30 10.57 0.06 --- -- 10,55 0.00 --- --- --- 10.61 2.40 17,865 18.40 10.91 0.06 --- --- 10.87 0.00 --- --- --- 10.93 2.50 18,754 18.50 11.24 0.06 --- --- 11.16 0.00 --- --- --- 11.23 2.60 19,642 18.60 11.56 0.07 - --- 11.55 0.00 --- --- --- 11.61 2.70 20,530 18.70 11.87 0.07 --- -- 11.83 0.00 --- --- --- 11.89 2.80 21,419 18.80 12.17 0.07 -- --- 12.09 0.00 --- --- --- 12.16 2.90 22,307 18.90 12A6 0.07 --- --- 12.38 0.00 --- -- --- 12.45 3.00 23,196 19.00 12.75 0.07 -- --- 12.71 0.00 --- --- --- 12.78 3.10 24,207 19.10 13.03 0.07 --- --- 12.97 0.00 --- -- --- 13.04 3.20 25,218 19.20 13.31 0.07 --- --- 13.15 0.00 --- --- --- 13.23 Continues on next page... 4 Pond No. 1 Stage I Storage I Discharge Table Stage Storage Elevation Clv A It cult ft cis 3.30 26,229 19.30 13.58 3.40 27,240 19.40 13.84 3.50 28,251 19.50 14.10 3.60 29,262 19.60 14.36 3.70 30,273 19.70 14.61 3.80 31,284 19.80 14.85 3.90 32,295 19.90 15.10 4.00 33,306 20.00 15.33 ...End Clv B Clv C Clv D WrA Wr B WrC Wr D Exfil Total cis cis cis cis cis cis cis cis cis 0.07 --- --- 13.45 0.00 --- --- --- 1352 0.08 --- --- 13.68 0.00 --- --- --- 13.76 0.08 --- --- 13.85 0.00 -- --- --- 13.93 0.08 --- -- 14.23 0.95 --- --- --- 15.25 0.08 --- --- 14.57 2.68 --- --- --- 17.34 0.08 --- --- 14.56 4.93 --- --- --- 19.57 0.08 - --- 14.81 7.59 --- --- --- 22.48 0.08 --- -- 15.01 10.61 --- --- -- 25.70 WITHERS &- RAVENEL ENGINEERS I PLANNERS I SURVEYORS Village Road Apartments — Pond No.2 Total Area Draining to Pond= 131,594 SF = 3.02 AC Total Pre -Development Flow = Q = (3.02 acres)(0.25)(7.23 in/hr) = 5.46 cfs Total Proposed Impervious Surface Area Draining to Pond: Roof Tops Sidewalks Parking Lot = 30,358 sf 4,099 sf 59,364 sf 93,821 sf % Impervious draining to pond = 93,821/131,594 = 71.3% Required Storage for 1-Inch 6f Runoff For Pond: (use Schueler Method) = 0.05 + 0.009 (p = 0.05 + 0.009(71.3) = 0.692 _ (1")(0.692)(1/12)(131,594) = 7,589 cf (7,746 cf provided at elev 17.00 ) POND DEPTH SA/DA % (FT) 5.0 5.09 If Pond Depth = 5.0 ft, minimum surface area = 6,698 sf Used 90% TSS chart to size pond Area a elevation 16.0 = 6,978 SF > 6,698 sf POND SURFACE AREA (MIN.) (SF) 6,698 Required storage for forebay: 20% of total permanent pool volume _ (0.18)(13,468 cf) = 2,424 cf (2,495 CF PROVIDED -- 18.5%) 70140 Wrightsville Avenue, Suite ioi Wilmington, North Carolina 28403 tel: 910-256 9277 fax:910-¢56 2584 www.wilhersravenet.com WITHERS & RAVENEL ENGINEERS IPLANNERS ISURVEYORS Pond Volume Contour Incremental Cumulative Elevation Area Volume Volume (ft) (so (cf) (cf) Bottom Elevation 11.00 270 0 0 12.00 842 556 556 13.00 1,492 1,167 1,723 14.00 2,216 1,854 3,577 15.00 3,575 2,896 6,473 Permanent Pool 16.00 5,425 4,500 10,973 Forebay Volume Contour Incremental Cumulative Elevation Area Volume Volume (ft) (sf) (cf) (cf) Bottom Elevation 12.00 92 0 0 13.00 273 183 183 14.00 541 407 590 15.00 916 729 1,318 Permanent Pool 16.00 1,437 1,177 2,495 Forebay Volume is 1 i;8''5% of Pond Volume 7040 Wrightsville Avenue, Suite tot Wilmington, North Carolina 28403 tel: gro-z56 yz77 fax:gro x56-a58q www.withersravenel coru WITHERS CSC' RAVENEL ENGINEERS I PLANNERS I SURVEYORS 1" STORAGE VOLUME Contour Incremental Cumulative Elevation Area Volume Volume (ft) (so (co (cf) Normal Pool 16.00 6,978 0 0 16.50 7,735 3,678 3,678 1" Storage Level 17.00 8,534 4,067 7,746 POND RELEASE TIME FOR CONTROL PIPE: POND ELEV. EFF. STORAGE VOL. RELEASED OUTFLOW RATE RELEASE TIME . _(b (CF) (CFS) (HOURS) _(FT) 17.00 7,746 4,068 0.041 27.5 16.50 3,678 3,678 0.029 35.2 16.00 0 TOTAL HOURS 62.7 DAYS 2.6 CONTROL PIPE: 1.25 INCH ORIFICE HOLE USED ORIFICE EQUATION TO DETERMINE OUTFLOW RATE Q = Cd"A"(2gh)A1/2 Toga Wrightsville Avenue, Suite for Wilmington, North Carolina 28403 tel: 910 256-9277 (ax:9ro-256-2584 www.withersravenel.coni Hydrograph Report Hydraflow Hydrographs by Intelisolve Hyd. No. 1 Pond No. 2 Routing Hydrograph type Storm frequency Drainage area Basin Slope Tc method Total precip. Storm duration = SCS Runoff = 10 yrs = 3.02 ac = 0.4 % = KIRPICH = 6.72 in = 24 hrs Hydrograph Discharge Table Time -- Outflow (hrs cfs) 12.00 6.13 12.03 7.33 12.07 8.68 12.10 9.95 12.13 10.90 12.17 11.33 « 12.20 11.20 12.23 10.69 12.27 9.98 12.30 9.17 12.33 8.29 12.37 7.37 12.40 6.49 12.43 5.75 End Wednesday, Jan 4 2006, 6:31 PM Peak discharge = 11.33 cfs Time interval = 2 min Curve number = 79 Hydraulic length = 1100 ft Time of conc. (Tc) = 15.1 min Distribution = Type III Shape factor = 484 Hydrograph Volume = 46,269 cuft ( Printed,aI.as , 50 % of pp.) Hydrograph Report I lydraflow Hydrographs by Inlelisolve Wednesday, Jan 4 2006, 6:31 PM Hyd. No. 2 Pond No. 2 Routing Hydrograph type = Reservoir Peak discharge = 7.06 cfs Storm frequency = 10 yrs Time interval = 2 min Inflow hyd. No. = 1 Reservoir name = Pond No. 2 Max. Elevation = 17.68 ft Max. Storage = 14,012 cuft Storage Indication method used. Outflow hydrograph volume = 45,189 cuft Hydrograph Discharge -cable `Print°°"a'°°"-50%or oPa Time Inflow Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C MID Exfil Outflow (hrs) cfs ft cfs cfs cfs cfs cfs cfs cfs cfs cfs cfs 12.03 7.33 17.18 3.78 0.04 ----- ----- 3.77 ----- ----- ----- ----- 3.82 12.07 8.68 17.23 4.60 0.04 ----- ----- 4.60 ----- ----- ----- ----- 4.65 12.10 9.95 17.29 5.19 0.05 ----- ----- 5.19 ----- ----- 5.24 12.13 10.90 17.35 5.56 0.05 ----- ----- 5.56 ----- ----- ----- ----- 5.61 12.17 11.33 << 17.42 5.81 0.05 ----- ----- 5.81 ----- ----- ----- ----- 5.86 12.20 11.20 17.49 5,92 0.05 ----- ----- 5.91 ----- ----- 5.96 12.23 10.69 17.55 6.23 0.05 ----- ----- 6.22 ----- ----- ----- ----- 6.27 12.27 9.98 17.60 6.52 0.05 ----- ----- 6.51 ----- ----- ----- ----- 6.56 12.30 9.17 17.64 6.78 0.05 ----- ----- 6.77 ----- ----- ----- ----- 6.82 12.33 8.29 17.67 6.95 0.05 ----- ----- 6.94 ----- ----- ----- ----- 6.99 12.37 7.37 17.68 << 7.02 0.05 ----- ----- 7.01 ----- ----- ----- ----- 7.06 << 12.40 6.49 17.67 7.01 0.05 ----- ----- 7.00 ----- ----- - 7.05 12.43 5.75 17.66 6.93 0.05 ----- ----- 6.92 ----- ----- ----- ----- 6.97 12.47 5.16 17.64 6.80 0.05 ----- ----- 6.79 ----- ----- ----- ----- 6.84 12.50 4.66 17.62 6.63 0.05 ----- ----- 6.62 ----- ----- ----- ----- 6.67 12.53 4.20 17.59 6.45 0.05 ----- ----- 6.44 ----- ----- ----- ----- 6.49 12.57 3.75 17.56 6.27 0.05 ----- ----- 6.26 ----- ----- ----- ----- 6.31 12.60 3.33 17.53 6.08 0.05 ----- ----- 6.07 ----- ----- ----- ----- 6.12 12.63 2.95 17.49 5.91 0.05 ----- ----- 5.91 ----- ----- ----- ----- 5.96 12.67 2.63 17.45 5.85 0.05 ---- ----- 5.85 ----- ----- ----- ----- 5.90 12.70 2.38 17.40 5.78 0.05 ----- ----- 5.78 ---- ----- ----- ----- 5.83 12.73 2.17 17.36 5.59 0.05 ----- ----- 5.59 ----- ----- ----- ----- 5.64 12.77 2.02 17.32 6.39 0.05 ----- ----- 5.39 ----- ----- ----- ----- 5.44 12.80 1.90 17.27 5.04 0.05 ----- ----- 5.04 ----- ----- - --- ----- 5.08 12.83 1.81 17.23 4.63 0.04 ----- ----- 4.63 ----- ----- ----- ----- 4.68 12.87 1.75 17.20 4.23 0.04 ----- ----- 4.23 ----- ----- ----- ----- 4.28 End E Re: Village Oaks Apartments Subject: Re: Village Oaks Apartments From: Robert Gordon <Robert.Gordon@ncmail.net> Date: Tue, 24 Jan 2006 13:21:15 -0500 To: Lisa Thomas <LThomas@withersravenel.com> I spoke with the owner about the required documentation last week. I think their lawyer is going to send a letter explaining the organizational structure of the LLC. I am not sure if the person'who signed the application was allowed (in our regs). I thought they were planning to have someone else sign another application and that they were going to coordinate that through you. Rob Lisa Thomas wrote: Rob, I just wanted to follow up with you to make sure the LLC was straightened out for the Village Oaks Apartment site plan that was submitted last week. Please let me know the status. Thank you. Jael Wagoner Withers & Ravenel Inc. 107 Stokley Drive,Suite 104, Wilmington, NC 28403 tel: 910.256.9277 fax: 910.256.2584 http://www.withersravenel.com<http://www.withersravenel.com/> ------------------------------------------------------------------------ WARNING: This e-mail has been altered by MIMEDefang. Following this paragraph are indications of the actual changes made. For more information about your site's MIMEDefang policy, contact MIMEDefang Administrator <access.denied@nc.gov>. For more information about MIMEDefang, see: http://www.roaringpenguin.com/mimedefang/enduser.php3 An attachment named 'LisaThomas.gif' was converted to 'defang-l.binary, To recover the file, click on the attachment and Save As 'LisaThomas.gif' in order to access it. WARNING!! IF THE BINARY YOU RECOVER IS A VIRUS, YOU MAY INFECT YOUR SYSTEM. An attachment named 'wr.gif' was converted to 'defang-2.binary' To recover the file, click on the attachment and Save As 'wr.gif' in order to access it. WARNING!! IF THE BINARY YOU RECOVER IS A VIRUS, YOU MAY INFECT YOUR SYSTEM. 1 of 1 2/21/2006 3:22 PM * * * COMMUNICATION RESULT REPORT ( JAN.17.2006 5:52PM ) * * * P. 1 FILE MODE 194 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER TTI NCDENR WIRO ADDRESS (GROUP) RESULT PAGE ----------------------------------------------------- 92562594 OK P. 3/3 E-2) BUSY E-4) NO FACSIMILE CONNECTION FAX COVER SHEET Date: January 17, 2006 No. of Pages: 2 To: Mark Hargrove, PE From: Robert Gordon Express permitting section Company: Withers & Ravenel FAX # 910-350.2004 FAX #: 256-2584 Phone # 910.796-7303 DWO Stormwater Project Number:SW8 Not Assigned Project Name: Village Oaks . MESSAGE: I have to return Village Oaks Apts file because of I-I-C issues (see attached). Unfortunately, I cannot hold tomorrows review date with these issues outstanding. Once resolved, I will just add the file to my "to-do" list as I would an additional info request (so scheduling another date will not be necessary). If you have any. questions, let me know. Thanks! FAX COVER SHEET Date: January 17, 2006 No. of Pages: 2 To: Mark Hargrove, PE From: Robert Gordon Express permitting section Company: Withers & Ravenel FAX # 910-350-2004 FAX #: 256-2584 Phone # 910-796-7303 DWQ Stormwater Project Number:SW8 Not Assigned Project Name: Village Oaks MESSAGE: I have to return Village Oaks Apts file because of LLC issues (see attached). Unfortunately, I cannot hold tomorrows review date with these issues outstanding. Once resolved, I will just add the file to my "to-do" list as I would an additional info request (so scheduling another date will not be necessary). If you have any questions, let me know. Thanks! Michael F. Easley, Governor \o�OF W A T �', William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 17, 2006 Mr Tom Tucker Three Oak Property, LLC 315 Friday Drive Wilmington, NC 28411 Project Name: Village Oaks Apartments County: Brunswick County Project Number: SW8 Not Assigned Dear Mr. Tucker: The submitted project information is being returned because it lacked the necessary elements to process the Stormwater Management Permit application. The following information is needed to accept the application for review: => There are major inconsistencies in the applicants LLC documentation. Three Oak Properties, LLC is registered with the Secretary of States office as a Manager -Managed LLC. Two individuals are listed as managers in the articles of incorporation — Mr. Richard D. Sweyer and Mr. James A. McDonald. In a manager -managed LLC, the Division of Water Quality must issue a stormwater permit to the manager only. The most recent annual report lists only 3 members, no managers (2 LLC's and one individual). The 2 LLC's listed on the most recent annual report are not registered with the Secretary of State (Sweyer Investments LLC, MU Properties, LLC). It is also not clear on the operating agreement which of the three listed parties is the manager and which are members. Finally, two of the three companies listed in the operating agreement are not valid companies with the Secretary of States Office (Tucker Inc. & M&J Properties, LLC). Please provide LLC documentation that clearly identifies Mr. Tom Tucker is the manager of Three Oak Properties, LLC or resubmit the application under another name/company. Rather than return the application package, this office will hold it until the above issue can be resolved. If you wish to withdraw the application at any time, please contact this office and the entire application package will be returned, including the fee. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Services-877-623-6748 One Wilmington Regional Office Wilmington, NO 28405-3845 FAX (910) 350-2004 Internet: h2o,enr.state.ne.us NOCLi1CaC0t1118 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally Please provide the requested information and return the package to the address below. If you have any questions, please do not hesitate to call me at (910) 796- 7303. Sincerely, � oILL - Robert D. Gordon Environmental Engineer II cc: Mark Hargrove, PE, Withers & Ravenel Robert Gordon ENB/rdg: S:\WQS\STORMWAT\RETURN\Village0aksApts.jan06 WITHERS &- RAVENEL LETTER OF T° ° `I 5 Ml��fl AL ENGINEERS I PLANNERS I SURVEYORS 7040 Wrightsville Avenue, Suite iol WILMINGTON, NORTH CAROLINA, 28403 (910) 256-9277 FAX (910) 256-2584 To: Robert Gordon NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter BATE o1/18/o6 JOB NO. 20 02.01 I ATTE"ON Robert Gordon PHONE# 00 RE: Villa eOaksApartments ® Attached ❑ Under separate cover via ❑ Prints ® Plans ❑ Change order ❑ Diskette El ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 2 01/1 /06 20 02.01 Site ptans for review and approval of Village Oaks Apartments 2 o1/1 /o6 Stormwater Calculations 1 Stormwater Management Permit Application Form (SWU-io1) 1 Wet Detention Basin Supplement for Pond No. i (SWU-102) 1 Wet Detention Basin Supplement for Pond NO. 2 (SWU-102) 1 Copy of operating agreement of Three Oak Property, L.L.C. 1 oi/16/06 Fee check for $4000.00 (Check No. o699) THESE ARE TRANSMITTED as checked below: E For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ Resubmit 2 copies for approval ❑ Submit _copies for distribution ❑ Return corrected prints ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: For express review and approval. Thank you. COPY TO: File, Tom Tucker SIG ' if enclosures are not as noted, kindtynotify us atonce. L 1 THREE OAK PROPERTY, LLC CONSTRUCTION ACCOUNT 315 FRIDAY DRIVE WILMINGTON, NC 28411 PH: 910-686-7188 PAY c t TO THE ORDER OF SUNTRUST BANK 66-46/531 DATE /-/G- a(5 �Wg D 01M W O J�2`� � � lJ)iZ' n 1 NCDENR 30 North Carolina Department of Environment and Natural Resources 127 Cardinal Drive, Wilmington NC 28405 (910) 796-7307 FAX (910) 350-2004 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX or email to Cameron. Wea vet(a)ncmail. not along with a narrative and vicinity map of the project location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name Tom Tucker Company Three Oaks Properties LLC Address 315 Friday Drive City/State Wilmington NC Zip 28411 County New Hanover Phone 910-686-7188 Fax 910-686-2406 Email ttuckeranec rr.com PROJECT Name Village Oaks Apartments PROJECT SYSTEM(S) TRIBUTARY TO STURGEON CREEK (STREAM NAME) CAPE FEAR RIVER BASIN ENGINEER/CONSULTANT Mark N. Har rq ove Company WITHERS & RAVENEL, INC. Address 7040 Wrightsville Avenue City/State Wilmington NC Zip 28403 County New Hanover Phone 910-256-9277 Fax 910-256-2584 Email mhargrove(a)withersravenel.com ----------------------------------------------------------------------------------------------------------------------------------------- State or National Environmental Policy Act (SEPA, NEPA) = EA or EIS Required ❑ Yes ® No ❑ STREAM ORIGIN Determination; _# of stream calls; Stream Name ---------- —---- — --- — --- — — — — ——----------------------------------- --- --- — — — —---- -------------- ® STORMWATER ❑ Low Density ® High Density -Detention Pond ❑ High Density -Other Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site ------------- ---- ---- ------- Q---------------------- — ------ —�— -------------- ---------------- ------- — — — — -- COASTAL Excavation & Fill EJ Bridges & Culverts Structures Information MANAGEMENT [],Upland Development ❑ Marina Development ❑ Urban Waterfront ® LAND QUALITY ® Erosion and Sedimentation Control Plan with 9,52 acres to be disturbed. WETLANDS (401) Wetlands on Property ❑ Yes Z No Isolated Wetlands on Property ❑ yes ® No Check all that apply Wetlands Will Be Impacted ❑ Yes ❑ No Wetland Impacts: Acre(s) Wetlands Delineation has been completed ❑ Yes ❑ No ❑ Buffers Impacted: Acre(s) USA COE Approval of Delineation completed ❑ Yes ❑ No 404 Application in process w/USACOE ❑Yes ❑No I Permit received from USACE ❑Yes ❑No 401 Application required ❑Yes ❑ No If Yes, ❑ Regular ❑ Express Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee Split for multiple permits: SW $ CAMA $ LQS $ 401 $ Total Fee Amount $ gao N H��gcf °eye °p° v2 W E Rpq� y2Po yyp P o S O j 2 ° N OLp cqy SIT EigV4LE ROAp m CAR , °p0 S� VICINITY MAP (N. T. S.) NARRATIVE THE SITE IS LOCATED BETWEEN OLD FAYETTEVILLE ROAD (S.R. 1437) AND VILLAGE ROAD (S.R.1472) IN THE TOWN OF LELAND. THE PROJECT CONSISTS OF 123 2-BEDROOM APARTMENTS, AN ON -SITE SELF SERVICE LAUNDRY ROOM, AN OFFICE, AND A CLUBHOUSE WITH A SWIMMING POOL. THE APPROXIMATE SIZE AND DISTURBED AREA ARE BOTH t9.52 ACRES. THE EROSION CONTROL PLAN CONSISTS OF SILT FENCE AROUND THE PERIMETER OF THE SITE, AND INLET PROTECTION, .TREE PROTECTION, AND CHECK DAMS WHERE NECESSARY. THE PRIMARY STORMWATER MEASURES INCLUDE STORM CULVERT SYSTEMS CONVEYING THE STORMWATER TO WET DETENTION PONDS THAT DRAIN TO AN EXISTING NCDOT DITCH THAT RUNS ALONG OLD FAYETTEVILLE ROAD. THE DITCH OUTFALLS TO AN UNKNOWN TRIBUTARY OF STURGEON CREEK. VILLAGE OAKS APARTMENTS REQUEST FOR EXPRESS PERMIT REVIEW DECEMBER 1, 2005 r Pored Report Hydraflow Flydrographs by Intelisolve Wednesday, Jan 4 2006, 6:31 PM Pond No. 1 - Pond No. 2 Pond Data Pond storage is based on known contour areas. Average end area method used. Stage / Storage Table Stage (ft) Elevation (ft) Contour area (sgft) Incr. Storage (cuff) Total storage (cuff) 0.00 16.00 6,978 0 0 1.00 17.00 8,534 7,756 7,756 2.00 18.00 9,962 9,248 17,004 3.00 19.00 11,255 10,609 27,613 Culvert / Orifice Structures Weir Structures [A] [B] IC] [D] [A] Ia] IC] ID] Rise (in) = 18.00 1.25 0.00 0.00 Crest Len (ft) = 16.00 10.00 0.00 0.00 Span (in) = 18.00 1.25 0.00 0.00 Crest El. (ft) = 17.00 18.50 0.00 0.00 No. Barrels = 1 1 0 0 Weir Coen. = 3.00 3.00 0.00 0.00 Invert El. (ft) = 16.00 16.00 0.00 0.00 Weir Type = Broad Broad --- --- Length (ft) = 37.00 0.00 0.00 0.00 Multi -Stage = Yes No No No Slope (%) = 1.00 0.00 0.00 0.00 N-Value = .013 .013 .013 .000 Orif. Coeff. = 0.60 0.60 0.60 0.00 Multi -Stage = n/a No No No Exfiltralion = 0.000 in/hr (Contour) Tailwater Elev. = 0.00 ft Note: CulventOritice cutllo have been analyzed under inlel and outlet control. Stage I Storage I Discharge Table Stage Storage Elevation Clv A Clv B Clv C Clv D Wr A Wr B Wr C Wr D Exfil Total ft cuff it cfs cfs cfs cfs cis cfs cfs Cfs cfs cfs 0.00 0 16.00 0.00 0.00 --- --- 0.00 0.00 --- -- --- 0.00 0.10 776 16.10 0.00 0.01 --- --- 0.00 0.00 -- --- --- 0.01 0.20 1,551 16.20 0.00 0.02 --- -- 0.00 0.00 -- --- --- 0.02 0.30 2,327 16.30 0.00 0.02 --- --- 0.00 0.00 -- --- --- 0.02 0.40 3,102 16.40 0.00 0.02 --- --- 0.00 0.00 --- --- --- 0.02 0.50 3,878 16.50 0.00 0.03 --- -- 0.00 0.00 --- --- --- 0.03 0.60 4,654 16.60 0.00 0.03 -- --- 0.00 0.00 --- --- --- 0.03 0.70 5,429 16.70 0.00 0.03 -- --- 0.00 0.00 --- --- --- 0.03 0.80 6,205 16.80 0.00 0.04 -- -- 0.00 0.00 --- --- --- 0.04 0.90 6,980 16.90 0.00 0.04 - --- 0.00 0.00 --- --- --- 0.04 L00 7,756 17.00 0.00 0.04 -- -- 0.00 0.00 --- -- --- 0.04 1.10 8,681 17.10 1.53 0.04 --- -- 1.52 0.00 --- --- -- 1.56 1.20 9,606 17.20 4.29 0.04 --- --- 4.29 0.00 --- --- --- 4.33 1.30 10,530 17.30 5.33 0.05 -- --- 5.32 0.00 --- --- --- 5.37 1.40 11,455 17.40 5.78 0.05 --- --- 5.78 0.00 --- --- --- 5.82 1.50 12,380 17.50 5.93 0.05 --- --- 5.92 0.00 --- --- -- 5.97 1.60 13,305 17.60 6.49 0.05 --- --- 6.48 0.00 -- --- --- 6.53 1.70 14,230 17.70 7.18 0.05 --- --- 7.17 0.00 -- --- --- 7.23 1.80 15,154 17.80 7.81 0.05 -- --- 7.80 0.00 -- --- --- 7.86 1.90 16,079 17.90 8.40 0.06 --- -- 8.37 0.00 -- --- --- 8.42 2.00 17,004 18.00 8.94 0.06 -- --- 8.90 0.00 --- --- --- 8.96 2.10 18,065 18.10 9.45 0.06 -- -- 9.43 0.00 --- --- --- 9.49 2.20 19,126 18.20 9.93 0.06 -- --- 9.89 0.00 --- --- --- 9.95 2.30 20,187 18.30 10.39 0.06 --- --- 10.35 0.00 --- --- -- 10.41 2.40 21,247 18.40 10.83 0.06 --- -- 10.78 0.00 --- --- --- 10.84 2.50 22,308 18.50 11.24 0.06 --- --- 11.20 0.00 --- --- --- 11.26 2.60 23,369 18.60 1156 0.07 --- -- 11.52 0.95 --- --- --- 12.54 2.70 24,430 18.70 11.87 0.07 --- --- 11.86 2.68 --- --- -- 14.61 2.80 25,491 18.80 12.17 0.07 --- --- 12.11 4.93 --- --- --- 17.11 2.90 26,552 18.90 12.47 0.07 --- --- 12.42 7.59 --- --- --- 20.08 3.00 27,613 19.00 12.75 0.07 --- --- 12.64 10.61 --- --- --- 23.32 3 SOSID: 817415 Date Filed: 12/13/2005 2:08:00 PM Elaine F. Marshall North Carolina Secretary of Stale C200534700141 ARTICLES OF ORGANIZATI of Park at Village Oaks, LLC Pursuant to § 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: Park at Village Oaks, LLC 2. The term of the limited liability company is perpetual. 3. The name and address of the organizer executing these Articles of Organization is as follows: William H. Fuss 1904 Eastwood Road, Ste. 214 Wilmington, NC 28403 4. The street address and county of the initial registered office of the limited liability company is: 104 Coastal Bluffs Court Hampstead, NC 28443 Pender County 5. The name of the initial registered agent is: John Lare 6. Except as provided by N.C.G.S. § 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 7. To the fullest extend permitted by applicable law, as it now exists or may hereafter be amended, the limited liability company shall indemnify all members and managers of the limited liability company against all liability and litigation expense, including, but not limited to, reasonable attorney's fees, arising out of their status as such or their activities in the foregoing capacity, regardless of when such status existed or activity occurred and regardless of whether or notthey are members or managers of the limited liability company at the time such Indemnification is sought or obtained. Without limiting the generality of the foregoing indemnity, such persons may also recover from the limited liability company all reasonable costs, expenses and attorney's fees in connection with the enforcement of rights to indemnification granted herein. The provisions of this paragraph are in addition to and not in limitation of the power of the limited liability company with respect to, and the rights of any manager or member of the limited liability company to receive the benefits of, any other or further Indemnification, insurance, elimination of liability or the right or benefit which is either required by THE NORTH CAROLINA LIMITED LIABILITY COMPANY ACT or permitted thereby and duly adopted by the limited liability company in accordance therewith. 8. To the fullest extent permitted by applicable law, as it now exists or may hereafter be amended, no member or manager of the limited liability company shall have any personal liability arising out of any action, whether by or in the right of the limited liability company or otherwise, for monetary damages for breach of his or her duty as a manager or member. This paragraph shall not impair any right to receive indemnity or insurance from the limited liability company or any third party which any member or manager may now or hereafter have. Any repeal or modification of this paragraph shall not impair or otherwise adversely affect any limitation on, or elimination of, the personal liability of a member or manager effected hereby with respect to acts or omissions occurring prior to such repeal of modification. 9. These Articles will be effective upon filing. THIS the 916 day of December, 2005. Somehow, sotne way;ahis project'got confused with the'Threc Oaks project, owned by. thesaine, Priricipals, out on Market Street Three Oaks should not appcar'in any of the pennits 'and/or documentation. for the Villagc. Oaks apartment Project in Leland: The Village Oaks apartment project in Leland is owned by Park of :Village Oaks LLC. The members of Park at Village Oaks, LLC are as follows: I. M & John Properties, LLC (John Lace, "Ivlanagcr) 2. Tom Tucker, Lidi'vidual (Tom "Pucker, Manager) , 3' i Matthew Reed Builders, LLC,(Dave Sweyer, Manager) - Should you liave any questions, or coibruents, please. advise:. . Respcq fully ours, Wi l is n I :Fuss WHF/Pls prrntxr�,a LIMITED LIABILITY COMPANY � ANNUAL REPORT Ltw w. w+9Y SOSID: 0728514 Date Filed: 4/13/2005 7:49 PM Elaine F. Marshall North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: M anal John Properties, LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. Ill NUMBER: 0728514 FEDERAL. EMPLOYER ID NUMBER: 223125596 NATURE OF BUSINESS: Real Estate REGISTERED AGENT: Lare, John REGISTERED OFFICE, MAILING ADDRESS: 104 Coastal Bluff Court Hampstead, NC 28443 REGISTERED OFFICE STREET ADDRESS: 104 Coastal Bluff Court Hampstead, NC 28443 Countv: Pender PRINCIPAL OFFICE TELEPI IONIi NUMBER: 910-270-5106 PRINCIPAL OFFICE MAILING ADDRESS: 104 Coastal Bluffs Ct. Hampstead, NC 28443 PRINCIPAL OFFICE STREET ADDRESS: 104 Coastal Bluffs Ct. Hampstead, NC 28443 MANAG ERS/M EMBER S/012GAN IZIiRS: John Lare Title: Manager 104 Coastal B1u/fs Ct. Hampstead, A'C 28443 CERTIFICATION OF ANNUAL RITORT MUST l3E COMPLETED BY ALL LIMITED LIABILITY COMPANIES John Lare 4/13/2005 FORM MUS'r 13E SIGNED 13Y A MANAGER/MEMBER DATE John Lare Manager/Member TYPE OR PRINT NAME 'TYPE OR PRINTTr1'LIi ANNUAL REPORTFEE: E-Paid Secretary of State • Corporations Division • Post Office Box 29525 • Raleigb, NC 27626-0525 SOSI D: 728514 Date Filed: 6/3/2004 11:52:00 AM Elaine F. Marshall North Carolina Secretary of State C200415300118 ARTICLES OF ORGANIZATION of LC Land Holding, LLC Pursuant to § 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: ChC'e A + L U— LC Land Holding, LLC l0 -6 Sa�� 2. The term of the limited liability company is perpetual. The name and address of the organizer executing these Articles of Organization is as follows: William H. Fuss 1904 Eastwood Road, Ste. 214 Wilmington, NC 28403 4. The street address and county of the initial registered office of the limited liability company is: 104 Coastal Bluff Court Hampstead, NC 28443 Pender County 5. The name of the initial registered agent is: John Lare 6. Except as provided by N.C.G.S. § 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. To the fullest extend permitted by applicable law, as it now exists or may hereafter be amended, the limited liability company shall indemnify all members and managers of the limited liability company against all liability and litigation expense, including, but not limited to, reasonable attorney's fees, arising out of their status as such or their activities in the foregoing capacity, regardless of when such status existed or activity occurred and regardless of whether or not they are members or managers of the limited liability company at the time such indemnification is sought or obtained. Without limiting the generality of the foregoing indemnity, such persons may also recover from the limited liability company all reasonable costs, expenses and attorney's fees in connection with the enforcement of rights to indemnification granted herein. The provisions of this paragraph are in addition to and not in limitation of the power of the limited liability company with respect to, and the rights of any manager or member of the limited liability company to receive the benefits of, any other or further indemnification, insurance, elimination of liability or the right or benefit which is either required by THE NORTH CAROLINA LIMITED LIABILITY COMPANY ACT or permitted thereby and duly adopted by the limited liability company in accordance therewith. To the fullest extent permitted by applicable law, as it now exists or may hereafter be amended, no member or manager of the limited liability company shall have any personal liability arising out of any action, whether by or in the tight of the limited liability company or otherwise, for monetary damages for breach of his or her duty as a manager or member. This paragraph shall not impair any right to receive indemnity or insurance from the limited liability company or any third party which any member or manager may now or hereafter have. Any repeal or modification of this paragraph shall not impair or otherwise adversely affect any limitation on, or elimination of, the personal liability of a member or manager effected hereby with respect to acts or omissions occurring prior to such repeal of modification. 9. These Articles will be effective upon filing. THIS the 27' day of May, 2004.