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HomeMy WebLinkAboutSW5180601_Permit Transfer Application_20191216 DEMLR USE ONLY Date Received Fee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items(with original signatures)must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at:httn://deq.nc.gov/contact/regional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee(in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.);or 3. in the case where a transfer falls under G.S. 143-214.7(c2)(see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official(for current and proposed permittee)must meet the following: • Corporation-a principal executive officer of at least the level of vice-president; • Limited Liability Company(LLC)-the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application(pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality-a ranking official or duly authorized employee; • Partnership or limited partnership-the general partner; • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW5180601 2. Project name: TIMBERLAKE PRESERVE Is this an updated project name from the current permit? ❑Yes ® No 3. Reason for the permit transfer request: LGI HOMES—NC, LLC PURCHASED THE SUBDIVISION. RECFIVFD DEC 16 2019 MN ( STODERWATERLAND PERGUALirMiff I'ING Stormwater Permit Transfer Application Form Page 1 of 7 April 27,2018 • B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) // 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F& G). In accordance with G.S. 143-214.7(c2)(see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%)of the units or lots to owners other than a declarant(provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act(see§47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either(select one of the following): ❑ The successor-owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor-owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other(please explain): ❑ c. The proposed permittee agrees to the following requirements(all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor-owner shall comply with all terms and conditions of the permit once the permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark"X"if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s)from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. N/A 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built-upon area or the maximum allowed total built-upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. N/A 8. If transferring under G.S. 143-214.7(c2)(i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals(not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. N/A 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. SOLD-SEE 'DEED. N/A 12. A copy of the development agreement if the proposed permittee is the developer. Storrnwater Permit Transfer Application Form Page 3 of 7 April 27,2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: CROSSWIND DEVELOPMENT, INC. 2. Signing Official's Name: WILLIAM H. WYNN 3. Signing Official's Title: PRESIDENT 4. Mailing Address: 1696 HAYES ROAD City: CREEDMOOR State: NC ZIP : 27522 5. Street Address: 1696 HAYES ROAD City: CREEDMOOR State: NC ZIP : 27522 6. Phone: (919)528-1347 Email: BILL(a.WYNNHOMES.COM I, WILLIAM H. WYNN , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ® the most recent permit; ❑ the designer's certification for each SCM; N/A ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; N/A ® the approved plans and/or approved as-built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee(where required); N/A ❑ a copy of the most recent inspection report; N/A I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included,this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be app oved by the DEMLR unless and until the facility is in compliance with the permit. Date: 1o� /.i j q Signature: / I, I T i(�01 C, , >-bl,. , a Notary Public for the State of IV0Y re GCI.Vi)1 Ina, , County of CI re/0'\V\ I , do hereby certify that w 1 \ha VY\ 1-1• W.1 h personally appeared before me this the I t day of t' CG b-G'r" , 20 19 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Y C.g (Notary Seal) PN e.:9 s O TA R Y -�--}- Notary Signature: ''VYI'�'•• ' �c%: " ' LIG . = My commission expire;n••.� 1:•'c-, ' ZZ ',,,r C(.E COv� %" Stormwater Permit Transfer Application Form Page 4 of 7 April 27,2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ❑ Property owner (Also complete Part F.) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F& G.) • Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F& G.) ❑ Developer -Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F& G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: LGI HOMES— NC, LLC ❑ HOA/ POA/UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: JOSH SPIEGEL b. Signing Official's Title: VICE PRESIDENT c. Mailing Address: 6500 CREEDMOOR ROAD, SUITE 212 City: RALEIGH State: NC ZIP : 27613 d. Street Address: 6500 CREEDMOOR ROAD, SUITE 212 City: RALEIGH State: NC ZIP : 27613 e. Phone: (980) 722-0391 Email: JOSH.SPIEGEL@LGIHOMES.COM 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: N/A b. Contact Name: N/A Title: N/A c. Mailing Address: N/A d. City: N/A State: N/A ZIP: N/A e. Phone: (N/A) N/A Email: N/A Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PR'POSED PERMITTEE CERTIFICATION I,JOSH SPIEGEL , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): /1 the most recent permit; ❑ the designer's certification for each SCM; N/A ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; N/A ® the approved plans and/or approved as-built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee(where required); N/A ❑ a copy of the most recent inspection report; N/A -NO CONSTRUCTION HAS TAKEN PLACE- ® Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a `plan of action and schedule"addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule"must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the approved plans; and I will{construct}, operate and maintain the approved stormwater management system pursuant to the requirementsir listed in the permit and in the operation and maintenance agreement. Signature:_ % 37è1i / Date: /Z. //. e O/f I, '"Gv,/ < t ckner" , a Notary Public for the State of 13o .-( toy , County of VaKe_ , do hereby/ certify that -S 51. Sptejt pe1litt N peared before me this the // day of Gc wk bey , 20 if , and �` KtRd �`� ,krrovvfs t due execution of the forgoing instrument. Witness my hand and official seal, .`��OQ.°�' OTA/��'` � � \ s i (Notary Seal)i /(----------'7 My commission expires /wOev`^ � Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 Cl THE SPAULDING GROUP, PA RECEIVED planning • civil engineering DEC 16 2019 Transmittal DENR-LAND QUALITY STORMWATER PERMITTING Date: 12-13-2019 To: NCDEQ-DEMLR-Stormwater Division Attention: Corey Anen 512 N. Salisbury Street SN Job # 803-15 1612 Mail Service Center Re: Timberlake Preserve Raleigh,NC 27699-1612 SW5180601 Sending: ® Attached 0 Under Separate Cover via: ❑ Shop Drawings El Prints ❑ Plans El Other: El Copy of Letter ❑ Change Order El Samples El Total Quantity El Reproducible El Specification Copies Date Description 1 12-11-2019 State Stormwater: Permit Transfer Application Form 1 12-6-2019 Fee of$505.00 (Check# 10254) 2 12-11-2019 Hardcopies of Permit Form and required items 1 12-11-2019 CD electronic copy of Permit Form and required items 1 10-3-2019 Copy of NC SOS LLC corporate filing 1 8-3-2018 Copy of DB 2156, PG 1658 1 12-11-2019 Covenant and Deed Restriction Agreement Transmitted for: ® Your use El Approved as Submitted ❑ Copies for Approval El As Requested 0 Approved as Noted El Distribution Copies ❑ Review and Comment 0 Returned for Corrections ❑ Corrected Prints Comments: Corey, Please see enclosed Permit Transfer Application Form and required documents for the subject project for your review and approval. If you have any questions,or need any addiotional information,please do not hesitate to contact me. Thank you - -lag; Copy to: Town of Youngsville Planning Justi ohde, PE PHONE: (919)854-7990 •FAX:(919)854-7920• 1611 JONES FRANKLIN ROAD SUITE 101•RALEIGH, NC 27606 'f AMENDED LIMITED LIABILITY COMPANY ANNUAL REPORT 10/2017 NAME OF LIMITED LIABILITY COMPANY: LGI Homes - NC, LLC Filing Office Use Only SECRETARY OF STATE ID NUMBER: 1399197 STATE OF FORMATION: INC E-Filed Annual Report 1399197 REPORT FOR THE CALENDAR YEAR: C/3/201 11:45 0 2019 10/3/2019 11:45 SECTION A: REGISTERED AGENT'S INFORMATION LChanges 1. NAME OF REGISTERED AGENT: Corporation Service Company 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 2626 Glenwood Avenue, 2626 Glenwood Avenue„ Suite 550 Raleigh, NC 27608 Wake County Raleigh, NC 27608 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Residential New Home Construction and Sales 2. PRINCIPAL OFFICE PHONE NUMBER: (281)362-8998 x2658 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS 1450 Lake Robbins Drive,Suite 430 1450 Lake Robbins Drive,Suite 430 The Woodlands,TX 77380-3294 The Woodlands,TX 77380-3294 6. Select one of the following if applicable. (Optional see instructions) The company is a veteran-owned small business The company is a service-disabled veteran-owned small business SECTION C: COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: Charles M Merdian NAME: Michael Sabik NAME: David Hensley TITLE: Chief Accounting Officer TITLE: President TITLE: Vice President ADDRESS: ADDRESS: ADDRESS: 1450 Lake Robbins Drive,Suite 430 1450 Lake Robbins Drive,Suite 430 1450 Lake Robbins Drive,Suite 430 The Woodlands,TX 77380 The Woodlands,TX 77380 The Woodlands,TX 77380 SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Scott Garber 10/3/2019 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. Scott Garber General Counsel Print or Type Name of Company Official Print or Type Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200.00 MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh,NC 27626-0525 SECTION E: ADDITIONAL COMPANY OFFICIALS NAME: Scott Garber NAME: Joshua(Josh) Spiegel NAME: TITLE: General Counsel TITLE: Vice President TITLE: ADDRESS: ADDRESS: ADDRESS: 1450 Lake Robbins Drive, Suite 430 1450 Lake Robbins Drive Suite 430 The Woodlands,TX 77380 The Woodlands,TX 77380 NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: Name: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: • BK 2156 PG 1658 - 1662 (5) DOC# 10003152 This Document eRecorded: 08/03/2018 11:24:19 AM • Fee: $26.00 DocType: DEED Tax: $13,975.00 Franklin County, North Carolina Brandi Smith Davis, Register of Deeds This instrument prepared by,Gwynn&Edwards, PA, a licensed North Carolina attorney. Delinquent taxes, if any,to be paid by the closing attorney to the county tax collector upon disbursement of closing proceedings. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax:$13,975.00 • Parcel Identifier No.See attached Exhibit A Verified by County on the day of ,20_ By: Mail/Box to:Grantee This instrument was prepared by: Gwynn & Edwards, P.A., 5909 Falls of Neuse Ste 200, Raleigh NC 27609 (Without title examination or tax advice) Brief description for the Index: multiple parcels—Franklin County THIS DEED made this 2°d day of August,2018,by and between GRANTOR GRANTEE CROSSWIND DEVELOPMENT,INC.,A NORTH LGI HOMES-NC,LLC,A NORTH CAROLINA CAROLINA CORPORATION LIMITED LIABILITY COMPANY Mailing Address: 2550 Capitol Drive,Suite 105 Mailing Address: c/o LGI Homes,Inc. Creedmoor,NC 27522 1450 Lake Robbins Drive,Suite 430, The Woodlands,TX 77380 • ATTN: Jack Lipar Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate,character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties,their heirs,successors,and assigns,and shall include singular,plural,masculine,fern inin or neuter as required by context. WITNESSETH, that the Grantor, fqr a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged, has and by these presents does grant,bargain, sell and convey unto the Grantee in fee simple,all that certain lot,parcel of land or condominium unit situated in Frank4 County,North Carolina and more,particularly described as follows: • SEE ATTACHED EXHIBIT A • All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor. submitted electronically by "Gwynn & Edwards, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Franklin County Register of Deeds. BK 2156 PG 1659 DOC# 10003152 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the;Grantee,that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever,other than the following exceptions: 1. Ad valorem taxes for the current year and subsequent years. 2. Enforceable easements,restrictions and other matters of record affecting title to the subject property. IN WITNESS WHEREOF,the Grantor has duly executed the foregoing as of the day and year first above written. Crosswind.Development,Inc. (SEAL) By:�7/� //����� e' 'ty Name) • (SEAL) Print Name:William H.Wynn Title:President (SEAL) State of North Carolina-County of Wake to++i+uuoturupr4y x I! the undersigned Notary Public of the County of Wake and State aforesaid, certify that �r`,c4...Hw,Eb�a William H. Wynn personally came before me this day and acknowledged that he is the Stitl CTAftp 15N President of Crosswind Development,Inc., a North Carolina corporation,and that by authority ' ;9 z duly given and as the act of such entity,he signed the foregoing instrument in its n me o 's COMM-_11-2 ExP• �N= behalf as its act and deed. Witness my hand an anal s p or seal, this ay of 1-11-2021• U August,2018. %�L•., pUS�\C-i,S% at` �httlttteV +• 1�'C i�h co lN—u0, ary lic My Commission Expires: • (Affix Notary Seal) Nota ' Printed or Typed Name BK 2156 PG 1660 DOC# 10003152 EXHIBIT A Legal Description. Ashton Meadows Lying and being situate in Franklin County, North Carolina, and being more particularly described as follows: Being all of Lot(s) 67, Aston Meadows Subdivision, Phase 3A, according to the plat thereof recorded in Book of Maps.2016,page 18 and 19, and on that Recombination map recorded in Book of Maps 2016,page 61 and 62, in the Office of the Register of Deeds of Franklin County,NC. Being all of Lot(s)68, 69,70,93, 100, Ashton Meadows Subdivision,Phase 3B,according to the plat thereof recorded in Book of Maps 2017, page 243 and 244, in the Office of the Register of Deeds of Franklin County,NC.. Parcel ID#s: Lot 67-042663 Lot 68-043716 Lot 69-043717 Lot 70-043718 Lot 93-043738 Lot 100-043740 Addyson at Holden Road Lying and being situate in Franklin County, North Carolina, and being more particularly described as follows: Being all of Lot(s) 7, Addyson at Holden Road, according to the plat thereof recorded in Book of Maps 2017, page 27-28 and Book of Maps 2017, page 129-130, in the Office of the Register of Deeds of Franklin County,NC. Being all of Lot(s) 19-36 and 59-63, Addyson at Holden Road, Phase 2, according to the plat thereof recorded in Book of Maps 2017, page 326-328, and on that corrective plat recorded in Book of Maps 2018, page 82,in the Office of the Register of Deeds of Franklin County,NC. Being all of Lot(s)37-44, 50, 51, and 64-73, Addyson at Holden Road,Phase 2, according to the plat thereof recorded in Book of Maps 2017, page 326-328, in the Office of the Register of Deeds of Franklin County, NC. Parcel ID#: Lot 7-043295 Lot 19-043808 Lot 20-043809 Lot 21-043810 Lot 22-043811 Lot 23-043812 Lot 24-043813 Lot 25-043814 Lot 26-043815 Lot 27-043816 Lot 28-043817 Lot 29-043818 Lot 30-043819 Lot 31-043820 Lot 32-043821 Lot 33-043822 Lot 34-043823 Lot 35-043824 Lot 36-043825 Lot 37-043826 Lot 38-043827 Lot 39-043828 Lot 40-043829 Lot 41-043830 Lot 42-043831 Lot 43-043832 Lot 44-043833 Lot 50-043839 Lot 51-043840 Lot 59-043842 Lot 60-043843 Lot 61-043844 Lot 62-043845 Lot 63-043846 Lot 64-043847 Lot 65-043848 Lot 66-043849 Lot 67-043850 Lot 68-043851 Lot 69-043852 Lot 70-043853 Lot 71-043854 Lot 72-043855 Lot 73-043856 BK 2156 PG 1661 DOC# 10003152 Bailey Farms,Phase 2/Parler's Gate Subdivisions All that certain lot or parcel of land situate in the County of Franklin, State of North Carolina, and being more particularly described as follows: That certain tract or parcel of land containing 205 acres,more or less, and being comprised of those two parcels of land containing 195V 7 acres and 9.3 acres,respectively, and more particularly shown and defined on survey by Phil R. Inscoe,Registered Land Surveyor, dated 4 March 1966, entitled"Map of Miss Repsie Young's land",of record in Map Book 8,Page 9,in the office of the Franklin County Register of Deeds. THERE IS EXCEPTED from the above-described tract of land the following parcels: a. That certain 7.83 acre tract of land as described in Deed dated 22 November 1989, of record in Book 916,Page 713,Franklin County Register of Deeds. b. That certain 1.867 acre tract of land as described in Deed dated 15 May 1991,of record in Book 937,Page 488, Franklin County Register of Deeds. c. That certain 14.10 acre tract of land as described in Deed 10 July 1991, of record in Book 939, Page 691,Franklin County Register of Deeds. d.That certain 9.82 acre tract Of land as described in Deed dated 3 September 1991,of record in Book 941, Page 950,Franklin County Register of Deeds. e.That certain tract of parcel of land as described in Deed dated 2 February 1993, of record in Book 967,Page 623,Franklin County Register of Deeds. Parcel ID#: 002970 Crawford Townes Lying and being situate in Franklin County, North Carolina, and being more particularly described as follows: BEING all of that tract of land containing 7.153 acres (311,565 square feet) as shown on that plat entitled "Boundary Survey for Crosswind Development, Inc." dated April 1, 2017 and recorded April 10, 2017 in Book of Maps 2017,Page 111 Franklin County Registry. Parcel ID #: 006953 O'Neal Tract Being all of that tract, containing a total area of 2.070 acres and a net area of 1.963 acres, and that tract, containing a total area of 6.113 acres and a net area of 5.777 acres, as said tracts are shown on that plat entitled"Boundary Survey fdr Crosswind Development,Inc." dated February 12,2018 and revised March 12, 2018, and recorded in Book of Maps 2018, at Page 64,Franklin County Registry. Parcel ID#s: 005254 006206 BK 2156 PG 1662 DOC# 10003152 Timberlake Lying and being situate in Franklin County,NC,and being more particularly described as follows: Being all of Lot A, containing 31.937 and Lot B, containing 5.855 acres as shown on that survey entitled "Exempt Subdivision for Crosswind Development, Inc." dated June 19, 2015 and revised January 11, 2018 as recorded in Book of Maps 2018,page 81,Franklin County Registry. Parcel ID#: Out of 006069 COVENANT AND DEED RESTRICTION AGREEMENT I,JOSH SPIEGEL, Vice President, on behalf of LGI HOMES— NC, LLC, agree to submit final recorded deed restrictions and protective covenants for the North Carolina State Stormwater Permit SW5180601 - Timberlake Preserve to: NC—DEMLR Attn.: Corey Anen 512 N. Salisbury Center Raleigh, NC 27699-1612 SignectSl i?sP Date: /Z• //• 20/ 9 U Operation & Maintenance Agreement Project Name: Timberlake Preserve Project Location: South Cross St., Town of Youngsvifie, Franklin County, NC Cover Page Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BIV1P(s). The BMP(s) on this project include(check all that apply&corresponding O&M tables will be added automatically): Bioretention Cell Quantity: Location(s): Dry Detention Basin Quantity: Location(s): Grassed Swale Quantity: Location(s): Green Roof Quantity: Location(s): Infiltration Basin Quantity: Location(s): Infiltration Trench Quantity: Location(s): Level SpreaderNFS Quantity: 1 Location(s): West side of South Cross St. Permeable Pavement Quantity: Location(s): Proprietary System Quantity: Location(s): Rainwater Harvesting Quantity: Location(s): Sand Filter Quantity: Location(s): Stormwater Wetland Quantity: Location(s): Wet Detention Basin Quantity: 1 Location(s): West side of South Cross St. Disconnected Impervious Area Present: Location(s): User Defined BMP Present: Location(s): I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. * Responsible Party: Josh Spiegel for LGI Homes-NC, LLC Title &Organization: Vice President, LGI Homes -NC, LLC Street address: 6500 Creedmoor Road, Suite 212 City, state, zip: Raleigh, NC, 27613 Phone number(s): (980)722-0391 Email: josh.spiegel@Igihomes.com Signature: Ar �J 607 Date: /Z. //. ZOJg „J 0 rC--\"N seC , a Notary Public for the State of Nor-\ Cc co\\v\Gk County of ti✓a. C , do hearby certify that personally appeared before me this h, day of C_e w.�e� µ/ct and acknowledge the due execution oft -Operation Mainten ce Agr Witness m;, l, d official seal, ) 41 �y�g® r, IB �s• ^• s v® 40 Seal My commission expires /luv - I Level Spreader-Vegetated Filter Strip/Restored Riparian Buffer Maintenance Requirements Important maintenance procedures: Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation - Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to - 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC, 1993). Forested filter strips do not require this type of maintenance. - Once a year, the soil will be aerated if necessary. - Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The flow splitter device(if The flow splitter device is Unclog the conveyance and dispose of any sediment off-site. applicable) clogged. The flow splitter device is Make any necessary repairs or replace if damage is too large for damaged. repair. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment(if applicable). LS-VFS/Restored Riparian Buffer Maintenance Requirements (Continued) , The swale and the level lip The swale is clogged with Remove the sediment and dispose of it off-site. sediment. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm that is higher than the level lip, and end of the level spreader that then plant a ground cover and water until it is established. Provide shows stormwater has lime and a one-time fertilizer application. bypassed it. Trees or shrubs have begun Remove them. to grow on the swale or just down slope of the level lip. The bypass channel Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then reestablish erosive gullies have formed. proper erosion control. Turf reinforcement is Study the site to see if a larger bypass channel is needed (enlarge if damaged or ripap is rolling necessary). After this, reestablish the erosion control material. downhill. The filter strip Grass is too short or too long Maintain grass at a height of approximately three to six inches. (if applicable). Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Sediment is building up on the Remove the sediment and restabilize the soil with vegetation if filter strip. necessary. Provide lime and a one-time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. dying. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if possible. If pesticide is used, do not choking out desirable allow it to get into the receiving water. species. The receiving water Erosion or other signs of Contact the NCDENR local Regional Office, or the 401 Oversight Unit damage have occurred at the at 919-733-1786. outlet. Wet Detention Pond Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the - basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to - establish the plants on the vegetated shelf. Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention - basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. .Unclog the pipe. Dispose of the sediment off-site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. dying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on ithe plants rather than spraying. Wet Detention Pond Maintenance Requirements(Continued) The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide(do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. Wet Detention Pond Design Summary Wet Pond Diagram WET POND ID FOREBAY MAIN POND BMP#1 Permanent Pool El. 434 Permanent Pool El. 434 Temporary Pool El: 435.2 Temporary Pool El: 435.2 Pretreatment other No Clean Out Depth: 5.5 Clean Out Depth: 5.5 than forebay? Sediment Removal El: 428.5 Sediment Removal El: 428.5 Has Veg. Filter? Yes Bottom Elevation: 427.5 Bottom Elevation: 427.5