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HomeMy WebLinkAboutSW7060903_CURRENT PERMIT_20200520STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE CURRENT PERMIT (❑ APPROVED PLANS ❑ HISTORICAL FILE DOC DATE 0 5 YYYYMMDD i ROY COOPER covernor MICHAEL S. REGAN Secrerary BRIAN WRENN ding] Di(ecror ,NORTH, CARO! NA Environmental Quality May 20, 2020 Millbrooke Property Owners' Association, Inc. Miguel A. Velasco, Secretary/Treasurer 601 North Hughes Blvd. Elizabeth City, NC 27909 Subject: Stormwater Permit No. SW7060903 Renewal/Ownership Change Milbrooke High Density Subdivision Project Pasquotank County Dear Miguel Velasco: The Washington Regional Office received a Stormwater Management Permit Application for renewal and ownership change of the subject permit on April 13, 2020. Staff review of the applications have determined that the permit can be reissued. We are forwarding Permit No. SW7060903 dated May 20, 2020, for the continued operation of the subject project. This permit, upon its effective date, will replace all previous State Stormwater permits for this project. This permit shall be effective from the date of issuance until September 28, 2028 and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3923. Sincerely, L'- Rog(r K. Thorpe Environmental Engineer � Nnrth (`a�:�l'u'� r�r�artnrcnt nr !-r1 ir�znmenrd[ Q� ,lty L� i�ic;t? or F.i,.rgy, �t�ners€ _nc? Lan�f itt�i;Eu'C::e .... r Wsshinniori K axonal u�f.cc ' 1-i3 >uu;w - tifa11 i W.;shirx;rr>rt. North Carolina 271560 i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Millbrooke Property Owners' Association, Inc. Millbrooke Pasquotank County FOR THE construction, operation and maintenance of two wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral, and Land Resources (Division) and considered a part of this permit. This permit shall be effective from the date of issuance until September 28, 2028, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The stormwater controls have been designed to handle the runoff from 12.22 acres of impervious area. The subdivision is permitted for 69 lots having 5,500 square feet of built -upon area each. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built -upon area indicated in Section 1.6. of this permit, and per approved plans. 5. 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. r. 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. Pond A Pond B a. Drainage Area, acres: 13.15 11.95 b. Total Impervious Surfaces, ac: 5.66 6.56 C. Pond Depth, feet: 4.00 4.00 d. TSS removal efficiency: 90% 90% e. Design Storm: 1" 1" f. Permanent Pool Elevation, FMSL: 4.00 4.00 g. Permitted Surface Area @PP ftz: 24,057 27,382 h. Permitted Storage Volume, ft3: 29,047 28,574 i. Storage Elevation, FMSL: 5.15 5.00 j. Controlling Orifice: 2.75"0 pipe 2.75"0 pipe k. Permanent Pool Volume, ft3: 64,321 73,786 I. Forebay Volume, ft3: 13,525 14,563 m. Receiving Stream 1 River Basin: Knobbs Creek 1 Pasquotank o. Stream Index Number: 30-3-8 p. Classification of Water Body: "C. Sw" IL SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. 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 the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, 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. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. 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. 7. 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. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 10. 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. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior to the sale of any lot, the following deed restrictions must be 1. recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7060903, as issued by the Division under 15A NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. 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. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 5,500 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. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 15. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 16. 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. 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. 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. 19. Decorative spray fountains will be allowed in the stormwater treatment systems, 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. The maximum pump power for a fountain in either wet pond is 0.25hp. 20. This permit shall be effective from the date of issuance until September 28, 20. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with the Division. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. 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) which have jurisdiction. 5. 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. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the Division to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained .on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 20th day of May 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION For Brian Wrenn, Acting Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW7060903 State Stormwater Management Systems Permit No. SW7060903 Millbrooke Stormwater Permit No. SW7060903 Pasquotank County Designer's Certification Page 1 of 2 I, Sean _c . _Robey - , as a duly registered Professional engineerin the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, Millbrooke (Project) for Phillip w . Harrington (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 are a part of this Certification. Noted deviations from approved plans and specifications: \\�Ok� J + WI/1111/ .IVi C a I&114,% _ SEAL —_ ]8550 1///418111111100 i ••'��G1NEE�.'�' SEAL Signature Registration Number I S55o_ Date 7- 5`- a � 1ECLEPIVIE &ID" FEB 0 5 2009 Paae7of8 State Stormwater Management System., - Permit No. SW7060903 Certification Requirements: Page 2 of 2 k x 1. The drainage area to the system contains approximately the permitted acreage. 4 _2. The drainage area to the system contains no more than the permitted amount of built - upon area. x 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. x 4. All roof drains are located such that the runoff is directed into the system. X.5. The outlet/bypass structure elevations are per the approved plan. _G. The outlet structure is located per the approved plans. x 7. Trash rack is provided on the outlet/bypass structure. x _8. All slopes are grassed with permanent vegetation. x 9. Vegetated slopes are no steeper than 3:1. x 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. X 11. The permitted amounts of surface area and/or volume have been provided. X_12. Required drawdown devices are correctly sized per the approved plans. XT13. All required design depths are provided. -x-- 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. x 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Pasquotank County Building Inspections Page 8 of 8 HYMAN ROBEY-0 February 3, 2009 Mr. Roger Thorpe Dept. of Environment and Natural Resources Water Quality Section 943 Washington Square Mall Washington, NC 27889 r Subject: Stormwater Management Permit Millbrooke Proj. #041212 Stormwater Permit No. SW7060903 Dear Mr. Thorpe: Enclosed please find the following: 1.Designer's Certification �2. Ownership Change_ ;;: 3—New peration and Maintenance Agreements for each of the 2 detention ponds 4. Copy of the deed verifying the transfer Please note that the new signing official was also part of the company that originally owned the project; therefore, he has signed as the current permittee and the new applicant. The restrictive covenants have just been recorded. A copy of the recorded covenants will be sent under a separate cover. If you have any questions or require additional information, please do not hesitate to call this office at (252) 335-1888. Sincerely, Jf/1 bwju i� Kimberly D. Hamby Sr. Project Manager cc: file Phillip Harrington FE? Q 5 2009 P. O. Box 339 Camden, North Carolina 27921 (252)338-2913 www,hymanrobey.com DEMLR USE ONLY Date Received Fee Paid Number 13 O 'Z PS' . � G fPPermit cl Lv / o C,U 0 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holdershall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW7060903 2. Project name: _...._.— ___...._ Milbrooke High Density Stormwater Project 3. Project street address: nnnnn MilhronkP,C:irr.IP_T City: Elizabeth City County: Pasquotank ZIP ; 27909 4. What, if any, changes have been made to the project as permitted? No ch If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy- mineral-land-resources/energy-mineral-land-rules/stormwater-prociram/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://dea.nc.gov/about/divisions/energy-mineral-iand- resources/energy-mineral-land-ruleslstormwater-program/post-construction. State Storm water Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: Phillip Harrin ton Enterprises, LLC 2, Signing Official's Name: Phillip W. Harrington 3, Signing Official's Title: Manager 4. Mailing Address: PO Box 2232 City: Elizabeth City State: jyCZIP: 27906-2232 5. Street Address: 760 Pitts Chapel Road City: Elizabeth City- _ _ _ _ State: NC ZIP : 27906 6, Phone: ( 252) 335-4520 Email: _ glendahc@embargmail.com Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. - SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SR Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORWj. Only applications packages that include all required items listed below will be accepted and reviewed. f' Initial each item below to indicate that the required information is provided in the application package: KCE 1. A permit application processing fee of $505.00 payable to NCDEQ. KCE 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined _ in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d, partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. ON FILE 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. ON FILE 4. O&M Agreements, Please select one: ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ® I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. ON FILE 5. Designer Certifications, Please select one: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. NA 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. NA 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 i D. , PERMITTEE'S CERTIFICATION I, Phillip W. Harrington , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am 1 responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the OEM Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. Signature: W' Date: April 7, 2020 • .;iilE NOTARIZATION: I, tT, a Notary Public for the State of ( r , County of da&de4 do hereby certify that Ph"'I142personally appeared before me this the 7 d '_��I/lllfl/ram ri the forgoing instrument. Witness my hand and official seal, ion expires r J-Z-7-44 20_20 , and acknowledge the due Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 s ".r DEMLR USEONLY Date Received Fee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deg.nc.gov/contacUregional-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 duty 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: SW7060903 2. Project name: Millbrooke High Density Stormwater Project Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: Current permittee 1 developer has transferred ownership of open land parcel where stormwater ponds are located to the Millbrooke HOA and desires to transfer the stormwater permit to them as well. Current permittee has completedman flrity of construction in the subdivision. Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 I l 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., l ❑ 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 I;a declarant (provide documentation per submittal requirements below); ❑x The stormwater management system is in compliance with the stormwater permit. ,I 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: i' ❑ 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; f . ❑ The successor -owner who is the sole claimant of the right to engage in the permitted 1 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 i occur. } ❑ Other (please explain): l ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the �• permit has been transferred. Stormwater Permit Transfer Application Form Page 2 of 7 i I April 27, 2018 I C. SUBMITTAL REQUIREMENTS 'Please mark "Y" to confirm the items are included with this form. Please mark "V if previously provided. If not applicable or not available, please mark N/A.: i Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). }�I i 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. ON FILE 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. r 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 ON FILE ON FILE documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. 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. 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.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. NA 9. if transferring under G. S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 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. Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 i 1 D.'CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1 • Current Permit Holder's Company Name/Organization: Phillip Harrington Enterprises, LLC !, 2. Signing Official's Name: Phillip W, Harrington I 3. Signing Official's Title: Manager 4. Mailing Address: PO Box 2232 City: Elizabeth City State: NC ZIP: 27906-2232 I S. Street Address: 760 Pitts Chapel Road a City: Elizabeth City State: NC ZIP: 27906 6. Phone: (252) 335-4520 Email: lendahc®embar mail.com ';. I, Phillip W. Harrington 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 I ' on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of theproperty/project ' it g PP Y fY 9 '. I. 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) I F E) 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; I ❑ the approved operation and maintenance agreement; on file NCDEQ waxo ❑ past maintenance records from the previous permittee (where required); on file NCOEQ WARD ❑ a copy of the most recent inspection report; on file NCDEQ WARD I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. l 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 approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: s�au-chi �• Date: April 7, 2020 County of that t7h;ll; i this the day of execution of the forgoing instrument. Witness my hand and official seal, ,,�,�f11111+11�rI ,`''1QP'•No�io :' 00 w A Nota Si ate: u 9 % VBL� i •+. My c I expires Weems t Stormwater Permit Transfer Application Form Page 4 of 7 a Notary Public for the State of do hereby certify personally appeared before me 20 ZO , and acknowledge the due April 27, 2018 `ttt9ttHtiti 7 r •P� �rrrrlrq����� ° �w+ 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: ❑x HOA I POA 1 UOA name: Millbrooke Property Owners' Association, Inc. ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide !~marl. a. Signing Official's Name; Miguel A. Velasco b. Signing Official's Title. Secretary/Treasurer, Milbrooke Property Owners' Association, Inc. c. Mailing Address: 601 North Hughes Blvd. City: Elizabeth City State: NC ZIP: 2790t d. Street Address: Same City: State: ZIP e. Phone: 2(_ 52) 353-7876 Email: velasco@homelinkpropertieslic.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: b. Contact Name: c. Mailing Address: d. City: e. Phone: (� Email: Title: State; ZIP: Stormwater Permit Transfer Application Form Page 507 April 27. 2018 ,i ;E F. ,PROPOSED PERMITTEE CERTIFICATION 1 + I, OI C i 7 hereby notify the DEMLR that I have acquired through sale, lease, develo ent agreement, or other legal transfer, the project/property covered by the stormwater management i '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. have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct), operate and maintain the approved stormwater management system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. Signature:' Date: 0 21d I, PAI a Notary Public for the State of IAM i County of Mal _ _ do hereby certify that it 6 L611D 'personally appeared me this the [J day of. 2061D, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, DEBRA L MILES OtW ljbubhc, North Carolina Chowa County My Commis 'o xpires Novembe 1 2 My commission expires -1 V 4 t -e7u stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 Compliance Inspection Report Permit: ` SW7060903 - Effective: 09/09/09 Expiration: 09/28/20 Project: L Milibrooke Owner: Phillip Harrington Enterprises LlC County: Pasquotank Adress: Halstead Blvd Region: Washington City/State/Zip: Elizabeth City NC 27909 Contact Person: Phillip W Harrington Title: Phone: Directions to Project: From the intersect of NC 344 (Halstead Blvd) and US 17 (Hughes Blvd) travel southwest on NC 344 approx 1 mile. Project is on right, behind Carolina Chrysler Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Knobbs Creek) (03-01-50) ( C;Sw) 2 - (Knobbs Creek) (03-01-50) ( C;Sw) On -Site Representative(s): Related Permits: Inspection Date: 10/05/2017 EntryTime: 01:OOPM Primary Inspector: William J Moore Secondary Inspector(s): Reason for Inspection: Routine Permit inspection Type: State Stormwater Facility Status: ® Compliant ❑ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 01:30PM Phone: 252-946-6481 Ext.264 Inspection Type: Compliance Evaluation page: 1 Permit: SW7060903 Owner • Project: Phillip Harrington Enterprises LLC Inspection Date: 10/05/2017 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: Millbrooke is residential SID located at the intersection of Halstead Blvd & Millbrooke Circle in Elizabeth City. HD sw permit issued for (2) wet pond systems. In general, O&M very good; some minor bank erosion; water level approx 10-inches below PP elev; vegetation well established & cut. PE cert; signed O&M; and deed restrictions on file. Built Upon Area Is the sire BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ upon request? Comment: Yes No NA NE m ❑ ❑ ❑ s ❑❑❑ ■ ❑❑❑ Yes No NA NE 0 ❑ ❑ ❑ Yes No NA NE page: 2