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%
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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
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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
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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.
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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:
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(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
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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
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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
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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
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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
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4� 12 STM 6A
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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/>
------------------------------------------------------------------------
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MIMEDefang Administrator <access.denied@nc.gov>. For more information about
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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.