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HomeMy WebLinkAboutSW8060901_HISTORICAL FILE_20181128STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 QlD 00101 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20\ % 1128 YYYYMMDD ROY COOPER Gnevrnoi MICHAEL S REGAN k C'can WILLIAM E (TOBY) VINSON JR inicnm Dircao, November 28, 2018 NORTH CAROLINA Environmental Quality Brunswick Forest Master Association LLC Ann Mr Allen Jefferson Earp, Vice President 1007 Evangeline Drive Leland, NC 28451 Subject -Name/ Ownership Change State Stormwater Management Permit No SW8 060901 Brunswick Forest Phase 6 Section 1 Brunswick County Dear Mr Earp On November 20 2018, the Division of Energy, Mineral and Land Resources (DEMUR) received a permit Name/Ownership Change Form from Funston Land & I imber, LLC for the subject project A file review and site inspection was performed on November 7, 2018 by DENILR staff and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit The Division is hereby notifying you that permit SW8 060901 has been transferred on November 28, 2018 and to remind you that this permit shall be effective until September 21, 2020 For your records, please find enclosed a copy of the updated permit, a copy of the inspection report a copy of the Operation and Maintenance Agreements and a copy of the Name/Ownership Change form submitted on -November 20, 2018 This permit is subject to the conditions and limitations as specified in the updated permit Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, 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 by filing a written petition with the Office of Administrative Hearings (OAFI) The written petition must conform to Chapter 150B of the -North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this pennit You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www NCOAH com Unless such demands are made this permit shall be final and binding Not th Cat oho, Depv urent of Environmental Qualrt) I Dit Winn of Enei g% Miner -land Land Resources DW M � . Wilmington Regional Office 1 127 Cardinal Drne Lxienston I Wilmington Not lh Carolina 28105 N.O 9107967715 i State Stormwater Permit No SW8 060901 y Page 2 of 2 t If you have any questions, need additional copies of the permit or approved plans plcasc contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7331 Sincerely ter, Wilham E (Toby) Vinson Jr , PE CPESC CPVI Interim Director Division of Energy, Mineral and Land Resources GDS/kpJ \\\Stormwater\Permits & Prolecis\2006\060901\2018 11 permit 060901 enc Attachment A, Impervious Area Summary \ame/Ownership Change Form Operation & Maintenance Agreement, Pond 9 Operation & Maintenance Agreement, Pond 10 Inspection Report cc Mr Allen Jefferson Earp, Manager Funston Land & Timber LLC (Outgoing Pei inittee) 1007 Evdngehne Drive I eldnd, \C 28405 Mr Adam Grady PE, Hanover Design 1123 Floral Parkway, Wilmington, A C 28403 W ilmmgton Regional Office Stormwater File State Stormwater Management Systems Permit No SW8 060901 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL & LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL 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 IneiW41 t6Y.9N11I6y:14: 00-YACI:L•l.rr:11.l[•. Brunswick Forest Master Association. LLC Brunswick Forest Phase 6 — Section 1 Hwy 17 2 4 miles south of intersection of US 74176 County Brunswick County FOR THE construction, operation and maintenance of two (2) wet detention pond(s) 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 Energy, Mineral & Land Resources (hereafter referred to as the Division or DEMLR) and considered a part of this permit This permit shall be effective from the date of issuance until September 21 2020, and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 This stormwater system has been approved for the management of stormwater runoff as described in Section 1 5 of this permit The stormwater controls identified as Pond 9 for the Sales Center and Pond 10 for the Wellness Center have been designed to handle the runoff from 405,110 square feet and 240,000 square feet of built -upon area, respectively The total impervious area is 645,100 square feet The tract development will be limited to the amount of built - upon area 3 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 Page 3 of 10 State Stormwater Management Systems Permit No SW8 060901 4 The runoff from all built -upon area within the permitted drainage area(s) of this project must be directed into the permitted stormwater control system 5 The following design criteria have been provided in the wet detention pond and must be maintained at design condition Pond 9 Pond 10 Sales Center Wellness Center a Drainage Area acres 144 126 Onsite ft2 627 267 548 859 Offsde ftz None None b Total Impervious Surfaces', ft2 405,110 240,000 c Pond Depth feet 7 7 d TSS removal efficiency 90% 90% e Design Storm inches 1 0 1 0 f Permanent Pool Elevation FMSL 330 330 g Permitted Surface Area @PP ft2 22,200 79 000 h Permitted Storage Volume ft3 51,625 273,725 1 Temporary Storage Elevation FMSL 345 345 t Controlling Orifice 2 0 0 pipe 2 0'0 pipe k Permitted Forebay Volume ft3 10,200 54,350 1 Fountain Maximum hp 116 1 m Receiving Stream / River Basin Piney Branch / Cape Fear n Stream Index Number CPF17 18-77-3-1 o Classification of Water Body "C Sw" 'See Attachment A for Impervious Allocation details II SCHEDULE OF COMPLIANCE 1 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 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR The records will indicate the date, activity, name of person performing the work and what actions were taken 4 The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division 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 Page 4 of 10 State Stormwater Management Systems Permit No SW8 060901 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 re -vegetation 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 a Access to the outlet structure must be available at all times 7 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 the fountain's pump is based on the permanent pool volume as designated in section 15 of this permit 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 for inspection and maintenance shall be maintained via appropriate recorded easements at all times 10 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 Page 5 of 10 State Stormwater Management Systems Permit No SW8 060901 11 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 g The construction of any permeable pavement for BUA credit 12 Prior to the construction of any permitted future areas shown on the approved plans, the permittee shall submit final site layout and grading plans to the Division for approval 13 A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times At the time the permit is transferred to a new owner the permittee shall forward the approved plans to the new owner 14 If the use of permeable pavement for BUA credit within the lot is desired the permittee shall direct the lot owner to submit an application with all supporting documentation and the application fee to the Division and receive a permit prior to construction of the permeable pavement III GENERAL CONDITIONS This permit is not transferable to anperson or entity except after notice to and approval by the Director The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form to the Division of Energy Mineral and Land Resources at least 60 days prior to any one or more of the following events a An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions, b The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256, c Bankruptcy, d Foreclosure, subject to the requirements of Session Law 2013-121, e Dissolution of the partnership or corporate entity, subject to NCGS 57D-2- 01(e) and NCGS 57D-6-07, f A name change of the current permittee g A name change of the project, f A mailing address change of the permittee, 2 The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit Page 6 of 10 State Stormwater Management Systems Permit No SW8 060901 The permittee grants DEMLR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility 4 Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21 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 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 The permit remains in force and effect until modified, revoked, terminated or renewed The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and re - issuance or termination does not stay any permit condition 8 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 9 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 10 The permittee shall notify the Division of any name, ownership or mailing address changes at least 30 days prior to making such changes 11 The permittee shall submit a permit renewal request at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate documentation and the processing fee Permit transferred, and re -issued this the 28th day of November 2018 TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION \��� jam-, i iam o y inson, r , Interim Director Division of Energy, ineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 10 State Stormwater Management Systems Permit No SW8 060901 Brunswick Forest Phase 6 Section 1 Stormwater Permit No SW8 060901 Brunswick County 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 specifications Signature Registration Number Date SEAL Page 8 of 10 State Stormwater Management Systems Permit No SW8 060901 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 protect 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 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 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 not 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 and located 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 16 All components of the stormwater BMP are located in either recorded common areas, or recorded easements cc NCDEQ-DEMLR Regional Office Brunswick County Building Inspections Page 9 of 10 SW8 060901- Impervious Allocation Data 10/11/18 & 11/28/18 (transferred w/o permit/design changes) Offsite Per Number Date Pond 9 Pond 10 Permit 11/16/16 Permit 3/6/18 Permit 10/11/18 Permit 11/16/16' Impervious Total - 405,1101 405,110 405,110 240,000 Commercial' - 115,423 115,423 115,423 142,000 Onsite Buildings - 10,000 10,000 10,000 Unknown Onsite Streets - 58,958 58,958 58,958 Unknown Onsite Parking - 22,010 22,010 22,010 Unknown Onsite Sidewalks - 24,455 24,455 24,455 Unknown Residential 61,6001 61,6001 70,0001 0 Number of Lots 141 141 141 0 BUA/Lot 4,4001 4,4001 5,0001 0 Lot 1' N/A N/A 21,209 21,209 21,209 0 Onsite Buildings - - 3,192 3,192 3,192 0 Onsite Streets - - 0 0 0 0 Onsite Parking - - 15,131 15,131 15,131 0 Onsite Sidewalks - - 1,886 1,886 1,886 0 Other - - 1,000 1,000 1,000 0 Lot 2 SW8 180113 1 2/9/2018 1 01 15,3731 15,3731 0 Other 1 01 01 01 72,000 Future 4 1186,6881 191,5051 183,1051 26,000 Contingency 1 20,1901 01 01 0 'Outside Lots 1 and 2 2Lot 1 is owned by the SW8 060901 permittee, and so an offsite permit is not required An offsite permit will be required if/when the lot is sold 3The Pond 10 allocation data was not modified on 3/6/18 or 10/11/18 °This permit has historically used the terms "contingency" and "future" On 3/6/18, the term "contingency" was removed All impervious area that is available for future use is allocated as "future" DEMLR USE ONLY ' DatR Re eived Fee Paid Permit Number :1 ID -* 1?66b 05 00 S41 666y'a 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 htto //deg nc oov/contact/regional-offices After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current pennittee 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 SW8-060901 2 Project name Brunswick Forest Phase 6 Section 1 Is this an updated project name from the current permit? ❑ Yes ® No 3 Reason for the permit transfer request Built out transfer to HOA ECE@ V OCT 15 2013 BY — -- 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 P OCT i 5 20f3 13y—___ 9 _— 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 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 Y 8 If transferring under G S 143-214 7(c2) (I a, 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 NA 9 If transferring under G S 143-214 7(c5) (I a, 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 NA 10 A copy of the lease agreement if the proposed permittee is the lessee NA 11 A copy of the pending sales agreement if the proposed permittee is the purchaser NA 12 A copy of the development agreement if the proposed permittee is the developer ECIEPVE OCT 15 2043 BY 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 Funston Land & Timber, LLC 2 Signing Official's Name Allen Jefferson Earp 3 Signing Official's Title Manager 4 Mailing Address 1007 Evangeline Drive City Leland State NC ZIP 28405 5 Street Address 1007 Evangeline Drive City Leland State NC ZIP 28405 6 Phone (910) 383-1425 Email IsusseK@brunsvvickforest com P'rus5el 10 I, Allen Jefferson Earp 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 req t are not comp te�d or if all required supporting information and attachments listed above are not includedjh sWed ck will be returned as Incomplete I assign all rights and obligations as permittee to theittee named below I understand that this request to transfer the permit may not be approved bnless and until the facility is in compliance with the permit Signature Date 512"1118 a Notary Public for the State of r QeAY% CAlOk-knQ , County of ?Cnew , do hereby certify that CA ,�� ( f( rjn laba personally appeared before me this the Z7 day of JNU 8ubt 20J', and acknowledge the due execution of the forgoing Instrument Witness my hand and official seal, (Notary Seal) �O� FR�ti' � •' OlAR) Notary Signature p _ A� p U B\,\ , My commission expires COVt"'% ECEIVE Stormwater Permit Transfer Application Form Page 4 of 7 ACT 15 2013 April 27 2018 BY 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 E HOA / POA / UOA name Brunswick Forest Master Association, Inc ❑ Sole Proprietor 3 Proposed permittee contact information Please be sure to provide Email a Signing Official's Name Allen Jefferson Earp b Signing Official's Title Vice -President c Mailing Address 1007 Evangeline Drive City Leland State NC ZIP 28451 d Street Address 1007 Evangeline Drive City Wilmington State NC ZIP 28451 e Phone (910) 383-1425 Email learp(a)brunswickforest 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 CAMS b Contact Name Nicol Kam Title Community Manager c Mailing Address 1174 Turlington Ave, Suite 202 d City Leland State NC ZIP 28451 e Phone (910) 202-3849 Email nkarnacamsmgt com ECEIVE` OCT 15 1013 By - Stormwater Permit Transfer Application Form Page 5 of 7 April 27 2018 F PROPOSED PERMITTEE CERTIFICATION I, Allen Jefferson Earo , 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 CondWtermit I will construct the prolect's built -upon area as shown on the approved plans, and I wll o eraand"maintain the approved stormwater management system pursuant to the regui� amit and in the operation and maintenance agreement Signature Z/1r,Zi� z Date g I,6U y-eNrr' 6LL;'1 , a Notary Public for the State of IyOf-V-% CaAL%./l Q County of Ve ldir , do hereby certify that M% ,j1r,4P*-aon 12ODlP personally appeared before me this the 2i day of MAQ U-s , 201ff , and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, " SUMiyf " (Notary Seal) FQ OIARy ��2' \` Notary Signature v p %- : 2 Mycommission expires 312AL-2 ' °�,1, us 'O•.OFR COVE ECEIVE OCT 15 2013 By 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 Signing Official's Printed Name Signing Official's Title Mailing Address City Phone (_) Email ZIP I, , 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 noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21 Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission Date a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument Witness ECEA 4Y E OCT 15 2013 By'--- --- - Stormwater Permit Transfer Application Form Page 7 of 7 April 27 2018 Johnson, Kelly N00 \AJCO --tC From Adam Grady <agrady@hdsilm com> Sent Tuesday, November 20, 2018 12 50 PM To Johnson, Kelly Cc rrussell@brunswickforestco�m p(ditvl Subject [External] RE SW8 B619E}7,4irrrnsediFfFo aca �State Stormwater Attachments BFMA 2017 Organizational Mtg Minis - Appvd 01 08 18 pdf, SW8-070213_BUA TRACKING-5-15-18xlsx Hey Kelly, I believe they were in one of the additional information packages, but you are right there were a lot 1 have attached them here Thanks for the help and have a nice Thanksgiving as well Adam Grady, P E Hanover Design Services, PA Land Surveyors, Engineers, Land Planners 1123 Floral Parkway Wilmington, N C 28403 Phone 910-343-8002 Fax 910-343-9941 From Johnson, Kelly <kelly p Johnson@ncdenr gov> Sent Tuesday, November 20, 2018 1106 AM To Adam Grady <agrady@hdsilm com> Cc rrussell@brunswickforest com Subject SW8 061007, Brunswick Forest Phase 6 Section 1 - State Stormwater Adam, The inspection was fine, and I went through the paperwork this morning There are lust a few small items that we need for the file to get this transfer out (I have not yet gone through the other four Brunswick Forest files ) Proposed Permittee Allen Jefferson Earp is the proposed permittee (and outgoing permittee) Can you send me the election minutes showing that he was elected President or Vice President of the HOA? (We have had a lot of emails about the five Brunswick Forest permits, and I have tried to keep it all in order I don't think I have this over email already, but if so I apologize ) 2 BUA/Lot Did you tell me that you all keep a master list of the impervious that has been granted by the Architectural Review Committee? If so, that would be the easiest way to track this for permitting Can you send that to me? I know that you are modifying the permits before you submit to transfer so that you can "fix" any issues with BUA Not all subdivisions track BUA very well, and it is a mess to figure out when people overbuild I have not drafted a formal letter since this is so simple, but I am required to set a due date Please respond by 12/11/18 Have a great Thanksgiving, Kelly K.eULJJOhN.SOw Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone 910 796 7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties f Brunswick Forest Master Association, Inc '- C/o CAMS 1 1174 Turlmgton Ave, Suite 202 1 Leland, NC 28451 BRUNSWICK FOREST CAMS Main Office (910) 256-2021 1 CAMS at BF (910)202-9890 ,I C005(01 Br vatarc BOARD OF DIRECTORS ORGANIZATIONAL MEETING NON] MBER 21, 2017 In accordance with the By -Laws of the Brunswtek-Forest'�17aster Association Inc ('RFMA") the Board of Directors held the Organizational Mceimg on 1bvimWr 21,2017—The mcetmg was held in the Upstairs Conference Room of the Brunswick Forest `vVcicome Cemcr in Leland NC, 28451 Call to Order I he Organvational Meeting of the Board of Directors for 131-MA was called to order at 6 17 pm by the Board President, Rosemary Russcll Roll Call 'I lie following were in attendance at this mcetmg Directors Rosemary Russell, Jeff Farp and Joshua I luber Quorum Requirement Per the Association By -Laws at all Board meetings, a majority of the directors shall constitute a quorum for the transaction of business All Board Members were present, therefore, a quorum was established Appointment of Directors During the Declarant Control Period, the Class ` 13" Member shall have complete discretion in appointing its directors fhe Directors are Rosemary Russell Jeff Farp and Joshua I Faber I he Officers are President Rosemary Russell Vice -President/? reasurer Jeff Larp Secretary Joshua 11—Her Meeting & Forum frequency Board Meetings will be held at least annually Annually all Members are provided with an Opcn Forum opportunity at the end of Annual Meeting Additionally, throughout the year the Board Members are readily available to address the concerns of the individual Membcrs as they arise Adjournment fhe Organizational Meeting ad oumed at 6 20 pm NOV 2 0 2018 BY._--- Minutes respectfully submitted by CAMS recording secretary, Cindy Phillips, on behalf of the Brunswick Forest Master Association on December 15, 2017 Approved by the Board on 01 08 18 �up. ACTuPa: CIS-��m�Z"IE�7 Sc.v�o Qo Permit Number SW8 060901 Pond 9 LOTS LOT SIZE (ACTUAL BUA ( PERMIT BUA f PERMIT REVISION 1 11,942 4,090 4,400 5,000 2 14,179 4,445 4,400 5,000 3 10,766 4,630 4,400 5,000 4 6,317 3,008 4,400 5,000 5 8,430 4,251 4,400 5,000 6 11,729 3,436 4,400 5,000 7 8,147 3,621 4,400 5,000 8 8,187 2,867 4,400 5,000 9 8,994 3,955 4,400 5,000 52 9,849 4,461 4,400 S,000 53 14,956 4,092 4,400 5,000 54 18,502 3,112 4,400 5,000 5S 13,406 4,487 4,400 5,000 56 15,236 4,852 14,400 5,000 TOTAL 55,307 1 61,600 70,000 SW POND TURNOVER: 9 Phase 6 - Commerical (Evangeline) LOT LOT S/F BUA SW # SF PERMIT 1 (Funston) 46,637 0 32,645 70% imp 2 (Dance Studio) 33,8S9 12,470 15,373 3 (TBD) 157,472 1,281 110,230 1 70% imp Tract A (Sales Center) 108,029 34,300 34,500 TOTAL 345,997 48,051 192,748 Pond 9 Tracking USED PERMIT 4 Lots 48,051 192,748 14 SF Lots 55,307 70,000 Future 221,927 58,949 Roads (BC) 58,900 58,958 Sidewalks 20,925 24,455 Total Impervious 405,110 405,110 0 jEcEI i/ G NOV 2 0 2018 BY Johnson, Kel From Johnson, Kelly Sent Tuesday, November 20, 2018 11 06 AM To Adam Grady Cc rrussell@brunswickforest com Subject SW8 96109� - State Stormwater OtonwVk Adam, 19P The inspection was fine, and I went through the paperwork this morning There are Just a few small items that we need for the file to get this transfer out (I have not yet gone through the other four Brunswick Forest files ) Proposed Permittee Allen Jefferson Earp is the proposed permittee (and outgoing permittee) Can you send me the election minutes showing that he was elected President or Vice President of the HOA? (We have had a lot of emails about the five Brunswick Forest permits, and I have tried to keep it all in order I don't think I have this over email already, but if so I apologize ) BUA/Lot Did you tell me that you all keep a master list of the impervious that has been granted by the Architectural Review Committee? If so, that would be the easiest way to track this for permitting Can you send that to me? I know that you are modifying the permits before you submit to transfer so that you can "fix" any issues with BUA Not all subdivisions track BUA very well, and it is a mess to figure out when people overbuild I have not drafted a formal letter since this is so simple, but I am required to set a due date Please respond by 12/11/18 Have a great Thanksgiving, Kelly 1,,16LUJ OBI VtSO V%, Kelly Johnson Environmental Engineer INC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, INC 28405-3845 Phone 910 796 7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties Burd, Tina J br(-eft- evNQil To rrussell@brunswickforest com Subject SW8 060901 - Brunswick Forest Phase 6, Section 1 The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Storm water Section) has accepted the Transfer Stormwater Permit Application and $505 00 fee for the subject project on October 15, 2018 The project has been assigned to Kelly Johnson and you will be notified if additional information is needed Please be advised that the construction of built -upon area may not commence until the Stormwater Permit is issued Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address Is subject to the North Carolina Public Records Law and may be disclosed to third parties Johnson,:•,.s� From Johnson, Kelly Sent Tuesday, October 23, 2018 1 36 PM To Scott, Georgette, Adam Grady Subject RE [External] RE Brunswick Forest Transfer SW8 131102 , Minor Mod/Transfer of SW8 061007 and SW8 110319, Transfers for SW8 060901 and SW8 070213 Attachments Regulations -Transfer -1st or 2nd Transfer Law -Ownership Examples xlsx Adam, I just want to bring this full circle for the other two Brunswick Forest permits that are in a similar situation Two permits (SW8 060901 and SW8 070213) were submitted a while back for a minor modification followed by a transfer, and so I am already working on these files in some capacity I have not gone through the transfer data for these as a "review" at all I am just trying to make sure that all five permits to be transferred are done in a consistent fashion There is a lot to keep up with when we have a modification and transfer submitted together, and so with these 5 permits being a various stages of completion I want to make sure we have everything for all five files When I get to the review, here is a checklist of the items I will need 1 Recorded deed restrictions 2 O&M signed by the HOA (If they are going to sign to get the permit, then let's just get them used to signing a new 0&M as well) 3 Common area deed(s) for the land containing the stormwater system 4 Documentation that at least SO% of the lots are sold (I have attached an example ) 5 Application signed by the correct people (It sounds like that will be Mr Earp as the current permittee and the HOA President as the proposed permittee ) We will also need documentation such as the HOA Election minutes showing the name of the individual holding that office (FYI, we will need these election minutes for each permit file ) 6 PE Certifications 7 Compliant System DEMLR will inspect each system as part of the transfer process a Ponds If you already know that maintenance is needed on the pond, then you can speed up the process by going ahead and arranging for that to be done b Impervious at or below BUA/lot This is the hardest part of residential transfers Different subdivisions keep different levels of detail in their records Ideally, the Architecture Review Board would have records of BUA per lot from reviewing various applications from homeowners and there would be a master spreadsheet showing that everything is "good" Is that the case for Brunswick Forests If not, then we will have to spot check it with Google Earth Two Permits I Am Already Working On a SW8 060901 Minor Mod issued 10/11 Transfer accepted 10/15/18 1 did not go through this package thoroughly before I accepted it because I did not realize that that had not already been done I see now that Mr Earp signed for the HOA for this one, and the recorded restrictions are also needed We also need the deed(s) for the common areas where the stormwater system(s) are located Please also submit anything else in Items 1-7 above that have not been submitted SW8 070213 Minor Mod issued today (10/23) Transfer not yet accepted This modification was to modify the BUA/lot to match the recorded restrictions so we are good on that Mr Earp also signed this one so we will need to get that worked out, and we also need the common area deeds Please also submit anything else in Items 1-7 above that have not been submitted You are generally pretty good about separating out the items for each permit number when you submit things together But, please keep in mind that that is really important to how we file things here You are certainly welcome to submit items for five permits in one envelope, but please binder clip the data for each file independently and label each group of materials with the permit number That way I can easily file it and keep up with whether each permit has submitted various things Thanks, Kelly From Scott, Georgette - _- -- - — - - ----� -- -_ — - - ` - -- - - _ - - - - --- - - Sent Tuesday, October 23, 2018 12 19 PM To Adam Grady <agrady@hdsilm com> Cc Johnson, Kelly <kelly p johnson@ncdenr gov> Subject RE [External] RE Brunswick Forest Transfer SW8 131102 , Minor Mod/Transfer of SW8 061007 and SW8 110319 There is no copy of the RECORDED covenants in the file for SW8 131102 For SW8 061007 and 110319 you may have to amend the covenants since you are doing a mod on the lots If the covenants recorded match what you are now modifying then fine I still need a copy of the recorded covenants for those two permits If the HOA is willing to take the permit than I think it is best to get them to sign to show they are working with you I just need the proper person signing for the HOA If it is Mr Earp, then provide documents that show he is in fact the VP for the HOA If they do not want to sign for some reason then you have the option of transferring without their signature as long as 50% or more of the lots are sold to other than the declarant (usually that is the developer) You have provided a list of residents already with the package If that shows that 50% or more are sold then you are fine On all transfers (no matter who signs) you will have to verify that the BUA is correct on the lots You may have done that by providing the lot owner info Kelly will review/verify that when she gets to it If the permittee is the only one signing the application to give the permit to the HOA then he must make sure they get a copy of the 0 & M for the ponds If the HOA signs the transfer application then they need to sign a new 0& M and it should be included in the transfer package Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette Scott(a)ncdenr gov 127 Cardinal Drive Ext Wilmington, NC 28405 Irma -- 'Not hmg Compares 11060 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties -- -- ---- --- -- -- - — - — --- - --- - - -- - - - - - - - -- - --- -- - - ---- - ---- From Adam Grady <agradv@hdsilm com> Sent Tuesday, October 23, 2018 12 05 PM To Scott, Georgette <georgette Scott@ncdenr gov> Subject [External] RE Brunswick Forest Transfer SW8 131102 , Minor Mod/Transfer of SW8 061007 and SW8 110319 u 'External em To riot click Imksor ou,,9ttachmeks unless verified "Send all suspmous em ailas anattachment'td " t .• �� p94'e +�cr �rit-"f'it, "-M" ,fry 5� Georgette, Hope your doing well I have a couple of questions 1 I meant to mark X since it remains unchanged from the original Recorded Deed restrictions that were sent in I will include a copy 2 We were going to originally go the route of just the permittees' signature but we were unclear of this after reading through the documents Would this be the best route to go from here on out? We figured we could only use this option if the proposed permrttee was unavailable Would this also mean there would be no need to submit new 0 and M agreements as we did? 3 We provided a table with owners and parcels referencing the deed books and page Do we need to submit each deed as well? 4 We will get the information to her ASAP I apologize for all the questions We are about to send in quite a few of these (None of the Brunswick Forest Ponds have been transferred) and I lust want to make sure we are doing it correctly Thanks for the help Adam Grady, P E Hanover Design Serv/ces, PA Land Surveyors, Engineers, Land Planners 1123 Floral Parkway Wilmington, N C 28403 Phone 910-343-8002 Fax 910-343-9941 From Scott, Georgette <georgette Scott@ncdenr gov> Sent Tuesday, October 23, 2018 1122 AM To Adam Grady <agradyC@hdsilm com> Subject Brunswick Forest Transfer SW8 131102 , Minor Mod/Transfer of SW8 061007 and SW8 110319 Adam, I have reviewed all these applications The following information must be provided for all of the transfer applications 1 I will need the recorded deed covenants for each permit and Phase Please make sure the Number of lots and BUA match the permit and as -built before you send If not please get the permittee to correct and amend them before you send them 2 The permittee signed for the HOA According to the NC SOS, Mr Allen Earp is not listed as the HOA president Please provide evidence that he is in fact the HOA VP (HOA meeting minutes or election) or an updated NC SOS with him listed as the VP The other alternatives are to have the president currently listed on the NCSOS sign it (Rosemary Gibson) OR to transfer this permit with just Mr Earp's signature 3 If there are common areas associated with these permitted sections those must also be deeded to the HOA Please provide those deeds If the ponds are not in common areas that are deeded to the HOA than please provide the recorded easements around those ponds that benefit the HOA for use and maintenance 4 1 will accept the Minor Mods for SW8 061007 and SW8 110319 and they will be assigned to Kelly Johnson HOWEVER the transfers for these two permits will not be accepted after the minor mods are complete UNLESS we receive all the info above for the transfers Please provide the information ASAP for these two permits to Kelly so once she completes the Minor Mods she can start on the transfers If not, the transfers will be returned to you 5 1 can not accept SW8 131102 until you provide the information in 1-3 above Please provide the information for SW8 131102 by Friday the 26`� or I will have to return the application Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette ScottCo)ncdenr gov 127 Cardinal Drive Ext Wilmington, NC 28405 rM =I- -- NothmgCompares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties Application Completeness Review Checklist Protect Name Batfl5 LJJ C-QC 7DK &�- 4ekglk.&. Ce Date Delivered to WIRO 2 20 ;5,-e e �jn, f A BIMS Received/Accepted Date W1�►�rQf4.— Protect County/Location *BIMS Acknowledged Date 'k Paperwork Emailed Engineer on FISupplement(s) (1 original per BMP) EDO&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) application ?ONct 9 & /0^C11A with correct/original signatures Email Address Design Engineer Corp or LLC Sip Auth per SoS or Signature Authorization letter or report Dmail Address Property Owner E:9�505 (within 6mo) Check#(s) / �(� G te MNo Fee Deed Soils Report w/SHWT or General Report ❑Email Address Lessee Calculations (signed/sealed) Lease Agreement [D15eed Restrictions, if subdivided MEmail Address Purchaser r--i**Signed & Notarized Template Purchase Agreement Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest Email Address Developer Recorded Covenants Email Address HOA Representative corded Plats 056% or more Lots Sold List Protect Narrative 1:1USGS Map Plans, I s AsA»4 FiWetlands Delineated or No Wetlands Vicinity Map FlProject Boundaries Legend FlLayout (proposed BUA dimensions) FJDA Maps Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) FlExisting Conditions FTandscape Plan nGrading nPE Seal REVIEWER NAME NOTES TO REVIEWER *Enter BIMS Acknowledged Date on this Sheet **FOR NEW Protects -Enter New Permit # on e'j 1 Supplements & Deed Restiction Templates G WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2018 D3 13 PA -I CAC Mom. D.M . 11.1 PRI pmpn AC N.- MYI On svn. ZIP ONLY N ... 6XaL X.m. s NoK P.B. 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