Loading...
HomeMy WebLinkAboutSW3140903_Permit Transfer Application_20210803Date Received Fee Paid Permit Number 08 �3 2 t5o5 ZO D I lsw 14 0:1 0"zJ NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM 20,27 Mo r�sd l eg ec o nal py�ee 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: littn://deg.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: SW3140903 2. Project name: Oak Grove Estates Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: Developer is transferring common open space management, including BMP maintenance, to the Property Owner's Association. R,FC,EIVED AUG 0 3 2021 DENR-LAND QUALITY STORMWATER PERMITTING 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 NIA: 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. Y 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 8, 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 8, 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. N/A 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater 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: Lennar Carolinas, LLC 2. Signing Official's Name: William DeForest ?. Signing Official's Title: Land Development Manager 4. Mailing Address: 6701 Carmel Road, Ste. 425 City: Charlotte State: NC -ZIP: 28226 5. Street Address: 6701 Carmel Road, Ste. 425 City: Charlotte State: NC ZIP: 28226 6. Phone: (704) 267-2271 Email: will iam.deforest(a-)lennar.com I, William DeForest, on behalf of Lennar Carolinas, LLC , 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; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; 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 pr sed permittee named below. I understand that this request to transfer the permit may not b approve h D LR unless and until the facility is in compliancewiththe permit. Signature: Date: 7 ` / C. / that a Notary Public for the State of County of J �,L(� L 1 C° i� , do hereby certify rx` _s personally appeared before me this the day of�� exec ;t P�$� the forg6�t 2'Fp�strument. Witness my hand and official seal, � NO7AR1- � (Notary Se C Notary,�S�Og�sw- N �.. ... My commission expires (� ' vl ` �cko---, 20,-,q L, and acknowledge the due 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: ® HOA I POA I UOA name: Oak Grove Estates Owners Association, Inc. ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Justin Demers b. Signing Official's Title: Board President c. Mailing Address: 5127 Oak Grove Place City: Waxhaw State: NC ZIP: 28173 d. Street Address: same City: State: ZIP Phone: (704) 277-2363 Email: justincwhoa@gmail.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: Cedar Management Group b. Contact Name: Aubry Larkin Title. Area Manager c. Mailing Address: 9500 Statesville Road d. City: Charlotte State: NC ZIP: 28269 e. Phone: 757-848-7569 Email: alarkin(cD_mycmg.com Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, Justin Demers, on behalf of Oak Grove Estates Owners Association, Inc. , 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). - the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; ❑ 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 {construc , perate and maintain the approved stormwater management system pursuant to the r quirements li i ermit and in the operation and maintenance agreement. / Signature: Date: I, V14a Notary Public for the State of 1 w County of i/�,CDY1 , do hereby certify that J tt5-h r, personally �p loss f�ft le me this the 101 day of 20,2k, and � v acknowlQ the due Ax ion of the forgoing instrument. Witness my hand and official seal, CID NOTA%. (Nota7i Geaft L �C -o .,"' o Notary SigKW14r, N / J My commission expires Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Oak Grove Estates Owners Association, Inc. Signing Official's Printed Name: Justin Demers Signing Official's Title: Board President Mailing Address: 5127 Oak Grove Place City: Waxhaw State: NC ZIP: 28173 Phone: (704) 277-2363 Email: justincwhoa(a�gmail.com I, Justin Demers on behalf of Oak Grove Estates Owners Association, Inc , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in ncompliance with the provisions of the stormwater management permit or the stormwa ul 's, is sub to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. / Signature of the property owner Date: Fr r7o a Notary Public for the State of V County of 1_16 t)n do hereby certify that A �r ►2 S personally appeared before me this the day of ,And acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, NOT FA C) A R� (Notary Seal) ; p Get !C ; " 2 Notary Signature )01 �- My commission expires 6U00- Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 ESP Associates, Inc. P.O. Box 7030 Charlotte, NC 28241 3475 Lakemont Blvd. Fort Mill, SC 29708 ESP 704.583.4949 (NC) 803.802.2440 (SC) D LETTER OF TRANSMITTAL TO: NC Div. of Energy, Mineral & Land Res. (DEMLR) Mooresville Regional Office_ _--------------------. 610 East Center Avenue; Suite 301 Mooresville, NC 28115 WE ARE SENDING YOU: vi CE1vE DATE: June 14, 2021 UENR DESeR on ATTENTION: Mr. Zahid Khan ---r. Za------ Khan - tand °eReg* f office P PROJECT NAME: Oak Grove Estates ESP PROJECT NO.: BX17.100 #0 ,gE7jC D AUG 0 3 2021 QX Enclosed ❑ Change Order Originals ❑ CD-ROM DENR-LAND QUALITY Samples F-] Computations F-1 Sepia(s) ElUnder separateSJCQWWTER PERMITTING Literature Specifications Print(s) 0 Permit Transfer Application; Deeds & CCRs Copy of Letter USB Drive Set(s) of Plans 0 Operation/Maintenance Agree. / As-builts COPIES DATED SHEET DESCRIPTION •----------------1---------------------04/1---- ----------------------- 1 1 Application ;State Stormwater: Permit Transfer Application Form ---------------1 ---------- -- -� 12/31/19 f------Deed--- ;Deed Tranfer of Property to HOA ______________ __________ 1 11/25/14 I Permit ;Original Permit for reference •--------------------------------- 4 r------------------ ° 04/19/21 1 O&M agree. jO eration & Maintenance Agreements D Basins A, B, C & D - 1 each : P 9 (Dry ) ----------------- 1 ------------------ 01/05/17 I AOI ;Articles of Incorporation from Dept. of Secretary of State 1 01/03/17 CCR 1Declaration of Covenants, Conditions & Restrictions - Oak Grove Estates 1 ; 06/08/19 survey Topographic Survey of Storm Water Basin A - Oak Grove Estates - 1 - 01/08/19 survey :Topographic Survey of Storm Water Basin B - Oak Grove Estates ---------------------------------- 1 01/08/19 ----------------- survey ;Topographic Survey of Storm Water Basin C - Oak Grove Estates 1 09/19/19 survey ;Topographic Survey of Storm Water Basin D - Oak Grove Estates THESE ARE BEING SENT: Q For your approval For your use For your review and comment For your signature For Bids Due ❑ Approved as noted ❑ Approved as submitted ❑ Approved as changed ❑ Returned for corrections ❑ Returned after loan to us ❑ Corrected and returned ❑ As requested n For Transfer of Permit to HOA Q Final Closeout of Stormwater Facilities BY: Courier X❑ UPS ❑ Mail Other Dear Mr. Khan, Please see the enclosed information for transfer of permit to Oak Grove Estates HOA and final closeout of the four (4) sormwater detention basins per previously approved construction documents (Ponds A, B, C & D). Please review and contact me with any questions. Thanks, Danis E. Simmons, PE dsimmons@espassociates.com 803-835-0943 Signed & Date Danis E. Simmons June 14, 2021 Signed & Date *If enclosures are not noted, kindly notify us immediately