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HomeMy WebLinkAboutSW8200705_Current Permit_20220506 AF 1 :47191t*.2_,411., ROY COOPERcj Governor *ra# pi ELIZABETH S.BISERStookey BRIAN WRENN NORTH CAROLINADirector Emiiirtaunental Quality May 6,2022 D.R.Horton,Inc. Attrr Thomas Montano,Vice President do:Elizabeth Shelton,Assistant Vice President 160 Mine Lake Court,Suite 200 Raleigh,NC 27615 Subject: Permit Transfer Post-Construction Stormwater Management Permit No.SW8 200705 Sidbury Farms New Hanover Candy Dear Ms.Shelton: The Division of Energy,Mineral and Land Resources received a complete Permit Transfer Application on May 4,2022 requesting to transfer ownership of the subject permit under the provisions of 15:A NCAC 02H.1045(1Xa). Staff has inspected the project,reviewed the available documentatkm,and determined that the project is currently in compliance with the terms and conditions of the state stormwater permit By sing the Permit Transfer Application and the Lion and Maintenance Agreement,you have accepted the responsibility for complying with the terms and conditions + . . ' in this permit The Division is hereby notifying you that permit SW8 200705 has been transferred,. updated,and re-sued on May 6,2022,as attached. This permit remains effective until.August 20,2828 and does not supersede any other agency permit that may be required. The project shall be subject to the editions and limitations as specified therein.This permit does not impose new or increased stormwater control requirements or design sods;it clarifies the rules and rents of this program to provide you with a better understanefing of your obligations wider this permit. Failure to comply with these requirements will resin in Mire compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts,requirements,or limitations contained in this permit are ale,you have the right to request an adjudicatary hearing by film a written petition with the Office of Administrative Hearings(OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes,and must be filed with the OAH within thirty(30)days of receipt of this permit. 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. If you have any questions concerning this permit,please contact Jessie Edmonds in the Ihrfiraington Regional Office,at (910)796-7215 or jessica.edmonds@ncdenr.gov. SiSincerely, 1 cPll A, l-i A c Brian Wrenn,Director Division of Energy,Mineral and Land Resources Encloses: Attachment A-Designer's Certification Form Attaches C—Permuting History copy of the TransferApplication doom including Transfer Application Form and Operation&Maintenance Agreement DES/jme: \\\Stormwater\Perms&Pro s\20201200705 HD\2022 05 permit 200705 cc: RMP SSidlry Road,LLC;preys pew d A Moore,PE,McKim&Creed,Inc Flalmington nnery, cr ;D Horton,Inci Office iere North Carolina Departmeirt of Environmental Quality I Dirision of E iem y,/s al and Land Resources Moat Regional Mice I t<7 Ca dmal Drive Extension I %Immo==North Carahna.28405 440.796.7215 Post-Construction Stormwater Management Permit No. SW8 200705 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO D.R. Horton, Inc. Sidbury Farms Sidbury Road, Castle Hayne, New Hanover County FOR THE construction, management, operation and maintenance of built-upon area (BUA) draining to four(4) wet ponds ("stormwater control measures" or"SCMs") as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or"DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until August 20th, 2028 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 5,325,989 square feet. The runoff from all BUA within the permitted drainage areas of this project must be directed into the permitted SCMs. The BUA requirements and allocations for this project are as follows: Page 1 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 a. SCM BUA LIMITS. The SCMs labeled Pond #1, Pond#2, Pond #3, and Pond#4 have been designed using the runoff treatment method to handle the runoff from 563,354, 325,115, 555,912 and 334,158 square feet of BUA, respectively, within the delineated drainage areas. The BUA for future development within the drainage areas to the SCMs labeled Pond #1, Pond #2, Pond #3, and Pond#4 is limited to 25,000, 45,500, 155,000, and 109,400 square feet, respectively. This permit approves 18,103 square feet of BUA that was not able to be collected and treated in an SCM due to existing grading to bypass the system. b. BUA FOR INDIVIDUAL LOTS. Each of the 258 lots are limited to a maximum of 4,000 square feet of BUA, as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. 2. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area improvements listed in G.S. 143-214.7(b2) or the Stormwater Design Manual have been proposed for this project. Pervious area improvements will be allowed in this project if documentation is provided demonstrating those improvements meet the requirements of the stormwater rule. 3. SCM REQUIREMENTS. The SCM requirements for this project are as follows: a. SCM DESIGN. The SCMs are permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. These SCMs must be provided and maintained at the design condition. b. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be followed in its entirety during construction. After the plants are established, the operation and maintenance agreement must be followed. c. FOUNTAINS. At this time, a decorative spray fountain has not been proposed within the wet pond. Decorative spray fountains will be allowed in the wet pond if documentation is provided demonstrating that the proposed fountain will not cause resuspension of sediment within the pond or cause erosion of the pond side slopes. d. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water be maintained in the permanent pool, the vegetated shelf is planted with appropriate species that can handle fluctuating conditions, and human health issues are addressed. 4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point. 5. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. b. RELEASE OF STORM WATER NOT TREATED IN AN SCM. Stormwater that is not treated in an SCM must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. 6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots: Page 2 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 a. EASEMENTS. All SCMs, stormwater collection systems, vegetated conveyances, and maintenance access located on property owned by other persons or entities must be located in permanent recorded easements or drainage easements as shown on the approved plans. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. if a final plat is recorded, it must reference the operation and maintenance agreement and must also show all public rights-of-way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: i. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 200705, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. v. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built-upon area (BUA) per lot is 4,000 square feet. This allotted amount includes any BUA constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stomiwater rules, permit, and the approved plans and specifications. viii. All runoff from the BUA on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system and/or a vegetated conveyance. ix. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. x. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. 7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on-site stormwater system will be repaired immediately. a. PROJECT CONSTRUCTION, OPERATION AND MAINTENANCE. During construction, all operation and maintenance for the project shall follow the Erosion Control Plan requirements until the Sediment-Erosion Control devices are converted to SCMs or no longer needed. Once the device is converted to a SCM, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device and/or removed or destroyed during construction, it must be restored to the approved state stormwater design condition prior to close-out of the erosion control plan and/or project completion and/or transfer of the state stormwater permit. Upon restoration, a new or updated certification will be required for the SCM(s) and a copy must be submitted to the appropriate DEQ regional office. Page 3 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 8. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or#57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights-of-way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 10. OPERATION AND MAINTENANCE. The pemnittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on-site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on- site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(3). Page 4 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 12. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 13. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; v. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on-site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 14 COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot, within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC to conduct individual lot reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. Page 5 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 d. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated conveyances must be accessible for inspection, operation, maintenance and repair as shown on the approved plans. e. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. f. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. g. ANNUAL CERTIFICATION. The pemiittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions. h. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. i. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit transferred, updated and reissued this the 6th day of May 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 91cipCovuatA:a Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 200705 Page 6 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As-Built Permittee Certification • As-Built Designer's Certification General MDC • As-Built Designer's Certification for Wet Detention Pond Project A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 Post-Construction Stormwater Management Permit No. SW8 200705 AS-BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. _ Check here if this is a partial certification. Section/phase/SCM#? Check here if this is part of a Fast Track As-built Package Submittal. Printed Name Signature , a Notary Public in the State of County of , do hereby certify that personally appeared before me this day of , 20 and acknowledge the due execution of this as-built certification. (SEAL) Witness my hand and official seal My commission expires ComplePermittee's Certification NCAC .1042(4) Provided I N/A. A. DUD RESTRICTIONS 1 BUA RECORDS 1. The deed restrictions and protective covenants have been recorded Y or N and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants Y or N has been provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note Y or N 1) C. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection /conveyance Y or N system are located in recorded drainage easements. 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS -Plats for residential lots that Y or Al have an SCM include the followings: _ 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in Y or N NCGS 143 Article 21 if the SCM is removed, relocated or altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT _ — Y or N 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and Y or N appears in the chain of title. _ F. OPERATION AND MAINTENANCE PLAN—maintenance records are being kept in a known set location for each SCM and are available for Y or N review. Page 1 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 DESIGNER'S CERTIFICATION FORM—has been provided to the 1 1 Division. L Y or N Note 1-Acceptable records include ARC approvals, as-built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast-Track As-Built Package Submittal per.1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name Signature NC Registration Number Date Consultant's Mailing Address: SEAL: City/State/ZIP Phone Number Consultant's Email address: 0 Circle N if the as-built value differs from the Plan. If N is circled, provide an explanation on Page 2. ON/E = not evaluated (provide explanation on page 2) OO N/A= not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) &General MDC pAs-built ®NIE ON/IA .1050 A. TREATMENT REQUIREMENTS i 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is Y or N bypassed. 4. Runoff from offsite areas and/or existing BUA is directed Y or N into the permitted SCM and is accounted for at the full build-out potential. 5. The project controls runoff through an offsite permitted Y or N SCM that meets the requirements of the MDC. 6. The net area of new BUA increase for an existing project Y or N has been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design Y or N criteria. _ i B. VEGETATED SETBACKS/BUA I __-- 1 —_ _ 1. The width of the vegetated setback has been measured Y or N from the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 Y or N (b2)(2) is located in the setback. Page 3 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 4. BUA that does not meet the requirements of NCGS 143- Y or N 214.7 (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water-dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at Y or N the edge of the setback and allowed to flow through the setback as dispersed flow- - - DAs-built O NIE O N/A C. STORMWATER OUTLETS -the outlet handles the peak Y or N flow from the 10 year storm with no downslope erosion. D. VARIATIONS 1. A variation (alternative)from the stormwater rule Y or N provisions has been implemented. 2. The variation provides equal or better stormwater control Y or N and equal or better protection of surface waters. _ E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS- Y or N has been met. F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required Y or N storm depth, G. CONTAMINATED SOILS- infiltrating SCM's are not Y or N located in or on areas with contaminated soils. H. SIQE SLOPES - 1— 1. Vegetated side slopes are no steeper than 3H:1 V. Y or N 2. Side slopes include retaining walls, gabion walls, or Y or N other surfaces that are steeper than 3H:1 V. 3. Vegetated side slopes are steeper than 3H:1V (provide Y or N supporting documents for soils and vegetation). I. EROSION PROTECTION I — —f _- 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the Y or N discharge point during the peak flow from the 10 year storm. J7E CCESS FLOWS-An overflow/ bypass has been provided. Y or N K. DEWATERING -A method to drawdown standing water has Y or N beenprovided to facilitate maintenance and inspection. _ L CLEANOUT AFTER CONSTRUCTION -the SCM has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS _ _ - 1- The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes Y or N >3:1. i-N. DESIGNER QUALIFICATIONS (FAST-TRACK PERMIT)-The designer is licensed under Chapters 89A, 89C, 89E, or I Y or N 89F of the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or"N/E", below. Attach additional pages as needed: Page 4 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 AS-BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1053, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. Check here if this is a partial certification.H Section/phase/SCM #? Check here if this is part of a Fast-Track As-Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name Signature NC Registration Number Date Consultant's Mailing Address: SEAL: City/State/ZIP Phone Number Consultant's Email address: 0 Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an explanation on page 2 ©N/E = not evaluated (provide explanation on page 2) ON/A= not applicable to this project or SCM. This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050 Consultant's Certification (MDC .1053) DAs-built ON/E ©N/A EA. Forebay 1 Depths 1 Fountain 1. The available Sediment storage is consistent with the Y or N approved plan and is a minimum of 6 in. 2. Water flow over the forebay berm into the main pond Y or N occurs at a non-erosive velocity. 3. The provided Forebay Volume is 15%-20% of the main Y or N pool volume. 4. The Forebay entrance elevation is deeper than the exit Y or N elevation into the pond. 5. The Average Design Depth of the main pond below the permanent pool elevation is consistent with the permitted Y or N value? 6. Fountain documentation is provided. Y or N B. Side slopes I Banks 1 Vegetated Shelf 1 ---- 1 1. The width of the Vegetated Shelf is consistent with the Y or N approved plans and is a minimum of 6 feet. 2. The slope of the Vegetated Shelf is consistent with the Y or N ,_-improved plans and is no steeper than 6:1. Kt. As-built Main Pool I Areas 1 Volumes/Elevations � J i^ _ 1. The permanent pool surface area provided is consistent Y or N with the permitted value. 2. The Temporary Pool Volume provided is consistent with Y or N the permitted value. Page 5 of 6 Post-Construction Stormwater Management Permit No. SW8 200705 3. The permanent pool elevation is consistent with the Y or N permitted value. 4. The temporary pool elevation is consistent with the y or N permitted value. °As-built �N/E O N/A D. Inlets!Outlet!Drawdown 1. The design volume draws down in 2-5 days. Y or N 2. The size of the Orifice is consistent with the permitted Y or N value. 3. A trash rack is provided on the outlet structure. Y or N 4. Hydrologic impacts to the receiving channel are minimized Y or N from the 1 yr 24 hr storm discharge? 5. The inlets and the outlet location are situated per the Y or N approved plan and avoid short-circuiting. E. Vegetation , y —�- 1. The vegetated shelf has been planted with a minimum of 3 Y or N diverse species. 2. The vegetated shelf plant density is consistent with the approved plans and is no less than 50 plants per 200 sf or Y or N no less than 24 inches on center. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or"N/E" below. Attach additional pages as needed: Page 6 of 6 Attachment C- Permitting History Sidbury Farms Permit No.SW8 200705 Approval ! BTMS Permit I Description of the Changes Date ; Vet ion 8/20/2020 Original 1.0 2017 Rules. 4 Wet Ponds approved. Approval 10/1/2021 Major 1 1 Addition of 18,103 sf of offsite ROW BUA that will be Modification untreated. 5/6/2022 Transfer 1.2 Transfer to D.R.Horton,Inc. Page 1of1 Operation & Maintenance Agreement Project Name: SIDBURY FARMS - PHASE 1 SW g 2.00305 Project Location: SIDBURY ROAD, CASTLE HAYNE, NORTH CAROLINA 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 BMP(s). The BMP(s)on this project include(check all that apply&corresponding O&M tables will be added automaticall : Bioretention Cell Quantity: Location(s): Dry Detention Basin Quantity: Location(s): Grassed Swale Quantity: Location(s): Green Roof Quantity: Location(s): '.1, Infiltration Basin Quantity: Location(s):-11 ' Infiltration Trench Quantity: Location(s):-4" Level SpreaderNFS Quantity: Location(s):-1' Permeable Pavement Quantity: Location(s):IMIIIII. j. Proprietary System Quantity: Location(s): Rainwater Harvesting Quantity: Location(s): Sand Filter Quantity: Location(s): Stormwater Wetland Quantity: Location(s): Wet Detention Basin Quantity: 4 Location(s): Within 'ro'ect bounda Disconnected Impervious Area Present: No Location(s): User Defined BMP Present: No 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: Libby Shelton Title&Organization: Assistant Vice President,D.R.Horton Street address: 160 Mine Lake Ct,Suite 200 City,state,zip: Raleigh,NC 27615-6417 Phone number(s):843-737-2904 Email: ELShelton@DRHorton.com Signature: X 0.56,1104 Date: Va.a I, 1n A) rL iJEL"l ,a Notary Public for the State of /4Crof (¢/ZcL/4/q. County of t/ W 44A4/01.0 ( ,do hearby certify that E L i'a q,?Er,./ c[,F r c.re AI personally appeared before me this (094 714 day of f-VaRvArt Z / 0020- and acknowledge the due execution of the Operati n d Maintenance Agreement. Witness my hand and official seal, "---. �GTAR Y F. P. U= 0 PUBOG A= r Seal ���„OV istoo ,u� My commission expires l /7/©?o.2 STORM-EZ 2/23/2022 Version 1.4 O&M Manual Page 1 of 4 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 the plants rather than spraying. STORM-F7 2/23/2022 Version 1.4 O&M Manual Page 2 of 4 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 beaver Use traps to remove muskrats and consult a professional to remove 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. STORM-EZ 2/23/2022 Version 1.4 O&M Manual Page 3 of 4 Wet Detention Pond Design Summary Wet Pond Diaaram WET POND ID FOREBAY MAIN POND Pond 1 Permanent Pool El. 27.5 Permanent Pool El. 27.5 Temporary Pool El: 29 Temporary Pool El: 29 Pretreatment other No Clean Out Depth: 3.5 Clean Out Depth: 3.5 than forebay? Sediment Removal El: 24 Sediment Removal El: 24 Has Veg.Filter? Yes Bottom Elevation: 23.5 Bottom Elevation: 23 WET POND ID FOREBAY MAIN POND Pond 2 Permanent Pool El. 32.5 Permanent Pool El. 32.5 Temporary Pool El: 33.75 Temporary Pool El: 33.75 Pretreatment other No Clean Out Depth: 4.5 Clean Out Depth: 5.5 than forebay? Sediment Removal El: 28 Sediment Removal El: 27 Has Veg.Filter? Yes Bottom Elevation: 27 Bottom Elevation: 26 WET POND ID FOREBAY MAIN POND Pond 3 Permanent Pool El. 34.5 Permanent Pool El. 34.5 Temporary Pool El: 36.15 Temporary Pool El: 36.15 Pretreatment other No Clean Out Depth: 3.5 Clean Out Depth: 5.5 than forebay? Sediment Removal El: 31 Sediment Removal El: 29 Has Veg.Filter? Yes Bottom Elevation: 30 Bottom Elevation: 28 WET POND ID FOREBAY MAIN POND Pond 4 Permanent Pool El. 34.5 Permanent Pool El. 34.5 Temporary Pool El: 36.2 Temporary Pool El: 36.2 Pretreatment other No Clean Out Depth: 7.5 Clean Out Depth: 8.5 than forebay? Sediment Removal El: 27 Sediment Removal El: 26 Has Veg.Filter? Yes Bottom Elevation: 26.5 Bottom Elevation: 25 STORM-EZ 2/23/2022 Version 1.4 O&M Manual Page 4 of 4 DEMLR USE ONLY Date Re ive Fee Paid Permit Number 1 apt i1:1:PL.-2060,,2 q u0565— 5u)e 4067C S 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://dea.nc.aov/contact/recional-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: SW8 200705 2. Project name: Sidbury Farms Is this an updated project name from the current permit? ❑Yes ® No 3. Reason for the permit transfer request: Chanae in land ownership. 8 OCT 0 4 Q2021 ' 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) ►i 1. Both the current and proposed permittees O 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): 0 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. 8 202111 OCT 0 4 8Y- Stormwater Permit Transfer Application Form i nyt7 2 of I April 27,2018 C. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark X"if previously orovided. If not applicable or not available,please mark N/A.: IF _ 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. ( ofllG- 4- I Cop,, y3. 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 aareement(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. q�.. 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.\a/clia7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has ��fifi�� 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. hir_f 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. INUA 9. If transferring under G.S. 143-214.7(c5) (Le., Part B, Item 3 of this form is selected),provide legal Idocumentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 4 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. PIP-- az.....,,,,,......i., OCT o201irt) $Y 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: DR Horton, Inc./RMP Sidburv, LLC 2. Signing Official's Name:. Elizabeth Shelton./'John Rudolph 3. Signing Official's Title: Assistant Vice President/Manager 4. Mailing Address: 160 Mine Lake Ct. Suite 200/ 172 Huntley Place City: Raleigh/Charlotte State: NC/NC ZIP : 27615-6417/28207 5. Street Address: Same as above City: State: ZIP : 6. Phone:(843) 737-2904/704-533-3939 Email: ELSheltonOdrhorton.com/ jrudolph570g mail.com I, Elizabeth Shelton ,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; 1 ' a 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 proposed permittee named below. I understand that this request to transfer the permit may not brGa r d by e DEMLR unless and until the facility is in compliance with the permit. Signature: i` Date: 4/PO4,2_ I, IAn) rLAAtia t , a Notary Public for the State of ilic(tt'rt (444)(441ft, , County of Ai-eta RAAJoi.leic , do hereby certify that f:Lt2AV71/- Sl4 7' 'An) personally appeared before me this the oPtt TH day of Pag.' 1 ,20.ZZ , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, vonsimmilliir 4, (Notary Seal) . f LAWN 'p.1== DECEIVE NOTARr Notary Signature _...:.2 -.- =z _ FEB 2 5 2022 My commission expires OS 1 ' 1BLIC ' l�OfrER CO.. ' BY lllliimisoutit0 Stormwater Permit Transfer Application Form Page 4 of 7 April 27,2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/0 r._ aanization: DR Horton, Inc./RMP Sidburv, LLC 2. Signing Official's Name: Ian Flannery John Rudolph 3. Signing Official's Title: Assistant Secretary/lVlanager 4. Mailing Address: 131 Racine Drive/172 Huntley Place City: Wilmington/Charlotte State: NC/NC ZIP : 28403/28207 5. Street Address: Same as above City: State: ZIP : 6. Phone: (843) 709-0752/704-533-3939 Email: IEFlannerv@drhorton.com/ jrudolph57ftgmail.com I,John Rudolph ,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) Ee most recent permit; ❑ the designer's certification for each SCM; �t❑ ny recorded deed restrictions, covenants,common areas, drainage easements or plats; he approved plans and/or approved as-built plans; he approved operation and maintenance agreement; Elipast maintenance records from the previous permittee (where required); rVi 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 proposed permittee named below. I understand that this request to transfer the permit may not be ap ve by the LR less and until the facility is in compliance with the permit. Signature: etiP4 Date: $"- 241.. Z©Z7 I, C.YTt C L. letVP1 h✓ , a Notary Public for the State of No l CA-Y d l ! v1A. , County of AVG Y'9 , do hereby certify that 3 QlnY1 RIAd Ot Pet personally appeared before me this the 2b4 k" day of / ' 'IA.4 A , 20 2.( , and acknowledge the ue execution of the forgoing instrument. Witness my hand and official seal, ,`,,,aa,nnnno�. (Notary Seal) A q.,,cp rb . , s 0Cj 0 'N °"•�. E T!..„.-k 0•U' 1. iiik. 46/ It= U NOTARY I = ?� Notary Signature i I2 _ g pi gLtC ;o i 412:4 =atine21rl '�' My commission expires blY1G 24"i `did _ ••.c` * Stormwater Permit Transfer Application Form Page 4 of 7 April 27,2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: El Property owner(Also complete Part F.) c El 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.) El 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.) Z 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: D.R. Horton, Inc. ❑ HOA/POA/UOA name: El Sole Proprietor 3. Proposed permittee contact information: Please be sum to provide Email. a. Signing Official's Name: Elizabeth Shelton i1iik ried Si5oothuty t( llamas fitorifAvto,U t(2 i b. Signing Official's Title: Assistant Vice President 'e"w UZI c. Mailing Address: 160 Lake Mine Court, Suite 200 City: Raleigh 3e P",u`sos State: NC ZIP : 27615-6417 d. Street Address: Same as above City: State: ZIP : e. Phone: (843) 737-2904 Email: ELShelton c(Ddrhorton.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: DR Horton, Inc. Wilmington b. Contact Name: Ian Flannery Title: Assistant Secretary c. Mailing Address: 131 Racine Drive, Suite 201 d. City: Wilmington State: NC ZIP: 28403 e. Phone: (843) 709-0752 Email: IEFlanneryadrhorton.com tto '.x9Ff41:f s,448 J EGEIJ F�� 25 �02Z � 1° � l^vY� ao0 - �v Y� _ SEAL it0 *I:‘ BY: " Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 E Ei E r: HAY 0 4 2022 F. PROPOSED PE:RMITTEE CERTIFICATION 4 P` I, Elizabeth Shelton , 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{construct}, operate and maintain the approved stormwater management system pursuant to t4't5J(Qj, q rempnts liste in the permit and in the operation and maintenance gr a ent. Signature: Date: I, VW [ i.R,J0 501 , a Notary Public for a State of nlO f. �-. o Lou 4 , County of A}e,,J N A.sJo Ai, , do hereby certify that L(._i?AD7714 Si+iLrc&) personally appeared before me this the day of Y1lP`-( , 20202 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, N`�```... F LA 1111 1� !ysi (Notary Seal) �s r NA,T�',. t1OTAll}, '- Notary Signature =z AUBLIC a' My expiresOS/ 174254. s� commission ''�,� ,�1��` Stemmata Permit Transfe. App;'cation Form Page 6 r: 7 Aprii 27,2018 High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a"built-upon" area consistent with the design criteria used to size the stormwater control facility. I, Elizabeth Shelton , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 200705, as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum allowable built-upon area per lot is 4,000 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. Each lot will maintain a 50**foot wide vegetated buffer between all impervious areas and surface waters. 8. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. HECEIVE0 Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2 rr: FEB 25 2022 High Density Residential Subdivisions d Re ric ons & Protective Covenances Signature:X4( Date: arfrilaa I, 1A0 FL-AA) ET_ , a Notary Public in the State of fJoLi l4 C*o1-IA)et; , County of /deo 6,00v 2 do hereby certify that ELI Zap,E I-F Sla El-T v N personally appeared before me this the .940 day of i' 2 kuica- -( , 202 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, um EAL Signature 046 �,Q�.�y4 My Commission expires O /l7/�c925 , NOTARY rifq, PUMA hOVER1G� ��'`• Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2