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HomeMy WebLinkAboutSW8960820_Current Permit_20230221 '°' A asta ROY COOPER Governor4 �= _ '' ELIZABETH S.BIS.ER Secretary iris - DOUGLAS R.ANSEL ='- NORTH CAROLINA NA grawn February 21,2023 °"" ' IG Wilmington,LLC,Lessee Attn: Mr Bruce B. Cameron,IV,Manager 1201 Glen Meade Road Wilmington,NC 28401 AND Bruce B. Cameron Revocable Trust Agreement,October 1, 1992 as Amended and Restated 1201 Glen Meade Road eron,lV, Trustee Wilmington,NC 28401 °p 'Owner#I) Attn: Mr. Bruce B. C AND Dry Pond Partners,LLC(Property Owner#2) Attn: Mr Bruce B. Cameron,IV,Manager 1201 Glen Meade Road Wilmington,NC 28401 Subject: Permit Correction Stormwater Permit No. SW8960820 Barclay Place New Hanover County Dear Mr.Cameron: The Wilmington Regional Office issued the subject permit on November 2na contained an error. This permit correction is necessaryto �2021 and recently discovered it Law 2021-158,which became effective on Septembr 16,021 and is now Please replace the previously issued permit with the enclosed correctte the requirements of Section 4(a)of Session or differenti deliIncluded in G.S. 14rm t does n better enew your standards; it merely restates some of thepreviouspermit. t corrected permit does not understanding y g terms to permit. provide you with a ThisThis project is subject to the conditions and attention the eitions listed in ois a limitations as specified in the correctedpermit. recordonoo th dced restrictions p rmit regarding the ef Pleasepay record,and ofrenewing the certification of theOperation and changesg of ownership, nf thersh BM special project,procedures for ofownershi (s�' s permit, tnd permit. Failure to establish an adequate result in to management system,to record deed restrictions to transfer the permitp operation o to and p'transferring inn the Lure compliance problems. maintenance of the permit,or renew'the Permit,will If any parts,requirements,or limitations eon an adjudicator)/ tamed in this written ry hearing by filingpermitc are unacceptable,you have she right. request a written petition with the Office of A Petition must conform to Chapter 150B of the Administrative Hearings(O� OAH within�' ofthisNorth Carolina General Statutes,and must be filed with the thirty(30)nays to ipt 150 re The the filing fee hi a filing feeaisdays re permit. You should contact the OAH with Raleigh, feC 2f a , viatelephonerequired) at 91 or the details of de 3 0of,the fihn process Mail all questions Center, regarding Raleigh, demands are made this permit shall be g ate at Service Center, final and binding. website at R'wvv,NfiO______ . Unless • -: rill Garopna Department of E 4V fr it q Envitommental Quality ►17ivLsipn of E . . kegiorral OfFceJY.klrtterai and-t arai3: aloft- 910.7g6.M4 I 1 7 Cardinal urine Ex#ensiot►I yyr► ,^A,crth..^a ,o Resaurees State Stormwater Permit No. SW8 960820 Page 2 of 2 If you have any questions,need additional copies of the permit or approved plans,please contact Aisia Freeman with DEMLR in the Wilmington Regional Office at(910)796-7215 or Aisia,freeman@ncdenr.gov. Sincerely, Ckip,k, WA ,3 Douglas R. Ansel,Interim Director Division of Energy,Mineral and Land Resources Enclosures- Attachment C—Permitting History DES/af_ \\\Stormwater\Permits&Projects\1996\960820 HD12023 02 permit correction 960820 cc Wilmington Regional Office Stormwater File DE ,,, North Carolina Department of Environmental Quaky I D�stun.of Energy:Mi►eral and Land Resources Wilmington Regional Office i 121 Cardinal Drlare Extension I Wilmington North Carolina 2t14o5 910.7963215 Post Construction Stormwater Management Permit No. SW8960820 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 (1995 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO IG Wilmington, LLC Barclay Place 2650 Shipyard Blvd, Wilmington, New Hanover County FOR THE construction, management, operation and maintenance of built-upon area (BUA) draining to one (1) wet pond ("stormwater control measures" or"SCMs") discharging to Class SA-HQW 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 October 3, 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 1,289,965 square feet. The runoff from all BUA within the permitted drainage area of this project must be directed into the permitted SCM. The BUA requirements and allocations for this project are as follows: a. SCM BUA LIMITS. The SCM has been designed to handle the runoff from 1,289,965 square feet of BUA within the delineated drainage area as summarized in Attachment B. b. BUA FOR INDIVIDUAL LOTS. Each of the three lots are limited to a maximum amount of BUA as indicated in Attachment B of this permit and 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. Page 1 of 6 Post Construction Stormwater Management Permit No. SW8960820 2. OFFSITE LOT REQUIREMENTS. Each non-residential lot whose ownership is not retained by the permittee shall submit a separate off-site stormwater permit application to the Division and receive approval prior to construction. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the owner of the non-residential lot has obtained the separate off-site stormwater management permit. 3. SCM REQUIREMENTS. The SCM requirements for this project are as follows: a. SCM DESIGN The SCM identified as the wet pond is permitted based on the following design criteria and as shown in the approved plans and specifications. This SCM must be provided and maintained at the design condition. are permitted based on the following design criteria and as shown in the approved plans and specifications. These SCMs must be provided and maintained at the design condition. a. Drainage Area, acres: 39 Onsite, ft2: 1,698,840 Offsite, ft2: N/A b. Total Impervious Surfaces, ft2: 1,289,9651 c. Design Storm, inches: 1 d. Average Pond Design Depth, feet: 7.5 e. TSS removal efficiency: 90 f. Permanent Pool Elevation, FMSL: 35 g. Permanent Pool Surface Area, ft2: 54,235 h. Permitted Storage Volume, ft3: 124,577 Temporary Storage Elevation, FMSL: 37 j. Controlling Orifice: 4"0 pipe k. Permitted Forebay Volume, ft3: N/A Fountain Horsepower, HP 1/4 m. Receiving Stream/River Basin: Hewletts/Cape Fear n. Stream Index Number: 18-87-26 o. Classification of Water Body: "SA" 'See Attachment B. b. DISCHARGES IN EXCESS OF THE DESIGN STORM TO SA WATERS The volume in excess of the design storm must flow overland through a level spreader and 50-foot vegetated filter strip designed per 15A NCAC 02H.1008(f) to pass the peak flow from the 10-year storm in a diffuse, non-erosive manner. c. FOUNTAINS Since the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: i. The fountain must draw its water from less than 2' below the permanent pool surface. ii. 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. iii. The falling water from the fountain must be centered in the pond, away from the shoreline. iv. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/4 horsepower. 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. 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: 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. Page 2 of 6 Post Construction Stormwater Management Permit No. SW8960820 b. 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 960820, as issued by the Division of Energy; Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000. 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 as shown in Attachment B. 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 stormwater 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. 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. x. Each non-residential lot within the subdivision whose ownership is not retained by the permittca, must apply for and receive a separate offsite stormwater management permit from the Division prior to construction. 5. 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. SW8960820 6. 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. 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. g. Other modifications as determined by the Director. 7 OPERATION AND MAINTENANCE. The permittee 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. 8. 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). 9. 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. 10. 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. Page 4 of 6 Post Construction Stormwater Management Permit No. SW8960820 a. LEASE AGREEMENT. It is the responsibility of the permit holder, IG Wilmington, LLC ("Lessee"), to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However, if the lease agreement or contract between the Lessee and Bruce B. Cameron Revocable Trust Agreement, October 1, 1992 as Amended and Restated (Property Owner #1) and Dry Pond Partners, LLC (Property Owner#2) ("Property Owner") is dissolved, cancelled or defaults, and the Division is not notified by the Lessee to transfer the permit, then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute §143-215.6A through §143-215.6C being taken against the Property Owner. b. 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. 11. 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. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. b. 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. c. 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. Page 5 of 6 Post Construction Stormwater Management Permit No. SW8960820 d. 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. e. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated conveyances must be accessible for inspection, operation, maintenance and repair as shown on the approved plans. f. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. g. 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. a. ANNUAL CERTIFICATION. The permittee 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. 12. LONGSTREET LOT 1. The permitted plans do not show the connection to Longstreet Lot 1. This permit will have to be modified to show the drainage connection to that lot when development is proposed for Longstreet Lot 1. Permit corrected, updated, and reissued this the 21st day of February 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Cfivtanii. YeA 3c,Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 6 Attachment C- Permitting History Barclay Place Permit No.SW8960820 Approval Permit BIMS Description of the Changes Date Action Version construction, operation and maintenance of a detention pond in compliance with the provisions of 15A NCAC 2H Original .1000 (hereafter referred to as the "stormwater rules") and 10/3/1996 1.0 the approved stormwater management plans and Approval specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. 7/8/2009 Renewal 2.0 This permit shall be effective from the date of issuance until October 3, 2016, 3/31/2021 Renewal 3.0 effective until October 23,2028 1."1he successor-owner of the property has submitted a written request for the transfer of the permit. Reference is made to the attached signed Name/Ownership Change Form; 2.The original permit holder,IG Wilmington,LLC(as a property owner),was lawfully and finally divested of title to the property on which the permitted activity is occurring. 3.The successor-owner holds title to the property on which the permitted activity is occurring. On July 8,2009,the fee title to the 39 acres(See Book 2533,Page 725 Tract B,plus some minor correction deeds)was owned as follows,"Bruce B. Cameron, as Trustee under that certain revocable trust agreement dated October 1, 1992, a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry."At the same time,IG Wilmington,LLC held 11/1/2021 Transfer 3.1 and continues to hold a leasehold estate(a long-term lease)in approximately 26.24 acres of the property covered by the permit including the pond. (This is now Parcel ID R06117-011-019- 000). Bruce B. Cameron,the trustee, died 4/3/2013. At the time of his death Scott C. Sullivan and Bruce B. Cameron,IV became the successor trustees of the trust. (There is a Certification of Trust recorded in Book 5849,Page 569). The original trust is still in existence,only the trustee(s)have changed as a result of Bruce B. Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners,LLC which is related to the trust. But the area that has been added to the tract is not the pond. 4 The cnrceccnr owner hag not nrnnncerl any cnhctantial On November 1, 2021,the Wilmington Regional Office 11/2/2021 Minor 3 2 received a complete request to modify the permit. The Modification permit has been modified as summarized in Attachments B and C. This permit correction is necessary to incorporate the 2/21/2023 Correction 3.2 requirements of Section 4(a)of Session Law 2021-158,which became effective on September 16,2021 and is now included in G.S. 143-214.7(b4). sr, ROY COOPER * caferner 4 47, El./METHS.RISER '4Z47r Secreteev BRIAN WRENN NORTH CAR LINA Director EnvironatentaiCarailty November 2,2021 IG Wilniington,LLC,Lessee Attu: Mr.Bruce B.Cameron,IV,Manager 1201 Glen Meade Road .. Wilmington,NC 28401 AND Bruce B.Cameron Revile Trust Agreement, (Property Owner##1) Oct 1, 1992 as.Amended a�td.Restated(Fr . Attn: Mr.Bruce B.Cameron,IV,Trustee 1201 Glen Meade Road Wilmington,NC 28401 AND Dry Pond Pam,LLC(Fromm.Owner#2) Attn: Mr.Bruce B. Cameron,IV,Manager 1201 Glen Meade Road Wilmington,NC 28401 Subject- •Permit Correction,Trailer under N.C..G.S.143-214 7(c5)&Modification State Stormwater Mznagement Permit No.SW 96W120 Barclay Place New Hanover County Dear Mr.Came: Thee permit actions have been issued for the subject permit;a permit correction,a permit transfer,and a permit modification. Permit Correction: The Wilmington Regional Office issued the subject pr+olect a permit on March 31,2021 and recently discovered it contained an error. The Mach 31,2021 permit renewal was incorrectly issued to Bruce B.Cameron,Trustee. The previous version(lithe permit dated July 8,2009 was issued to IG Wilmington,LLC. The March 31,2021 permit should have been issued to IG Wilmington,LLC. The permit was transferred to IG Wilmington,LLC as a lessee on land owned.by Bruce B.Cameron Revocable Trust Agreement,October 1, 1992 as Amended and Restated(Property Owner#1)and Dry Pond Partners,LLC(Property Owner#2)on November 1,2a21. Permit Transfer On October 26,2021,the Wilmington Regional Office received a complete rust to transfer ownership of the subject state stormwater management permit under the provisions of 15A NCAC 02H.1045(1)(e)and N.C.G.S. 143-214.7(c5). DEML.R.staff has inspected the project,reviewed the available documentation,and determined that the project is currently in compliance with the terms and conditions of the state stormwater permit By signing the Name/Ownership Transfer form,and providing a signed Operation and Maintenance Agreement,you have armed the for complying with the terms and conditions outlined in this permit. The designated permit holder,IG Wilmington,LLC("Lessee")shall be responsible for meeting the cations and limitations specified.therein.. As required for compliance,a copy of the lease agreement that outlines the responsibilities of the Lessee must be kept with the permit and maintenance activity records. C6 North Cordele Department of Emffoai Q4aRto;.Div;saoe+cf Etrergy tfirnerat end Land Resources waimmovri Regitmal Office 1.127 Cardinat Drbre Extension I North Ganhn 2 somputorerwer 9107962235 State rriwater Pewit No..SW8 960820 Page 2 of Please be aware that it is the responsibility of the permit holder,the Lessee,to notify the Division of any changes in ownership and request an ownership/name change for the.storm ter permit. However,if the lease agreement or contract between the Lessee and Bruce B.Cameron Revocable Trust Agreement,October 1, 1992 as Amended. and Restated(Property Owner#1)and Dry Pond Partners,LLC(Property Owner#2), ("Property Owners")is. dissolved,cancelled or defaults,and the Division is not notified by the Lessee to transfer the permit,then the: responsthility for permit compliance reverts to the Property Owner. A.complete transfer request must be sulmnitted to the Division witth:.30 days as described below otherwise the Property Ocher will be offing a stormwater treatment facility without a vald permit which is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute§143-215.6A through§143-215.6C being taken aefqind the Property Owner. The Division has determined that the provisionns,of N.C.G.S. 143 214.7(c5)have been met as indicated by the supporting documents and findings listed below: 1. The successor-owner of the property has submitted a written request for the transfer of the permit. Reference is made to the attached signed Name/Ownership Change Form; 2_ The original permit holder,1G Wilmington,LLC(as a property owner),was lawfully and Willy divested of title to the property on which the permitted activity is occurring. 3. The successor-owner holds title to the property on which the permitted activity is occurring On July 8, 2009,the fee title to the 39 acres(See Book 2533,Page 725 Tract B,plus some nor correction deeds) was owned as follows,'Bruce B.Cameron,as Trustee under that certain revocable trust agreement dated October 1, 1992,a memorandum of which is recorded in Book 1645 at Page 1032 of the New Hanover County Registry."At the same time,IG Wilmington,LLC held and continues to hold a leasehold estate(a long-term lease)in approximately 26.24 acres of the property covered by the permit.inch ing the pond_ (Thisis now Parcel ID R117-011-019-000). Bruce B.Cameron,the trustee,died..4/3/2013. At the time of his death Scott C.Sullivan and Bruce B.Cameron,lV became the successor of the trust. (There is a Certification of Trust recorded in Book 5849,Page 569). The original trust is still in existence,only the trustee(s)have changed as a result of Bruce B.Cameron's death. The only caveat to the above is the area of land which was added by the most recent recombination plat recorded in MB 70 at Page 59. The added acreage is owned by Dry Pond Partners,L..0 which is related to the trust.. But the area that has been added to the tract is not the pond. 4. The successor owner has not proposed any substantial changes to the permitted activity. 5. The updated permit does not impose new or different terms—it merely restates some of the previous terms to provide you with a better idirng of your obligations under the permit. Permit Minor won:. On November 1,2021,the Wilmington Regional Owe received a complete request to modify the permit. The permit has been modified as summarized in Attachments B and C. Please note that the permitted plans do not show the connection to Lonrstreet Lot 1. This permit will have to be muffled to show the drahsare€oonection. to that lot when development is proposed for Lonastreet Lot 1. See Permit Condign 13 The Divisioon is hereby notifying you that the requirements ofN.C.G.S. 143-214.7(c5)have been met and that the subject permit has been modified on November 2,2021.A copy of the transferred,modified,corrected and updated permit and associated documents are enclosed This permit shall be effective from the date of ismname until October 3,2028. The project shall be subject to the conditions and limitations as specified therein and does not any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems.Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter,attachments,and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. The project is subject to the conditions and limitations as specified d in the updated and transferred permit. Failure to comply with these requirements will result in future compliance problems.Please note that this permit is not transferable except after notice to and approval by the Division. E North Carolina Department of Environmental [Division of Energy Mineral and Land Resources W atonRegionatOfce I t2Cardi al.Wife:Extension : 11Wilmington, Carolina 910.796 r2r55 State Stani mater Permit No.SWS 960820 Page 3 of 3 If you have any questions,need additional copies of the permit or approved plans,please contact Kelly Johnson rn the Wilmington Regional Office,at(910)796-7215 or lceily.p_johnson@n Bov. Sincerely, cp.--4.,,. ig.:0 ,_1C,Brian Wrenn,Director Division of Energy,Mineral and Land Resources Enclosures It—Burlt-ttpc n..Area Allocation Minchinent C-Permitting astray copy of the Permit Transfer Applicator Form copy of the signed and approved Operation&Maintenance Agreement copy of the moons copy of the Modification Apphcat Form Apphcation Documents DES/1 : 111Storffiwatee'Permits&Projects\2e21\960820 HlY2U2..1 11 pemrit 960820 cc: 10 Wilmington,LLC,previous perintttee(as a Faidvws er) Attn: Mr Sit Sullivan.Manager, 1201 Glen Meade Road;Wilmington,n,.NC 28401. Mr.Jason Clack,PE.Norris&Timstell . 2602 lion Gate Drive,Spite 102,Wilmington,NO 2302. Wilmington Regional Office Stormwater File 4 -� r . I4c�ith Carolina peparouent of Envk©nn a to Quality C Division of Energy!Attend and Land Resources 9. �n Ra�acnalOfiice I 121 Canal Drive Fxtension.I won,North Carohw8.4 rta05 910.7%.7215 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL AND LAND RESOURCES STATE 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 (1995 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO IG Wilmington, LLC Barclay Place 2650 Shipyard Blvd, Wilmington, New Hanover County FOR THE construction,management, operation and maintenance of built-upon area(BUA)draining to one(1)wet pond ("stormwater control measures"or"SCMs") discharging to Class SA-HQW 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 October 3,2028 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 1,289,965 square feet. The runoff from all BUA within the permitted drainage area of this project must be directed into the permitted SCM. The BUA requirements and allocations for this project are as follows: a. SCM BUA LIMITS. The SCM has been designed to handle the runoff from 1,289,965 square feet of BUA within the delineated drainage area as summarized in Attachment B. b. BUA FOR INDIVIDUAL LOTS. Each of the three lots are limited to a maximum amount of BUA as indicated in Attachment B of this permit and 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. OFFSITE LOT REQUIREMENTS. Each non-residential lot whose ownership is not retained by the permittee shall submit a separate off-site stormwater permit application to the Division and receive approval prior to construction. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system,the permittee shall ensure that the owner of the non-residential lot has obtained the separate off-site stormwater management permit. 3. SCM REQUIREMENTS. The SCM requirements for this project are as follows: a. SCM DESIGN The SCM identified as the wet pond is permitted based on the following design criteria and as shown in the approved plans and specifications. This SCM must be provided and maintained at the design condition. are permitted based on the following design criteria and as shown in the approved plans and specifications. These SCMs must be provided and maintained at the design condition. a. Drainage Area, acres: 39 Onsite, ft2: 1,698,840 Offsite, ft2: N/A b. Total Impervious Surfaces, ft2: 1,289,9651 c. Design Storm, inches: 1 d. Average Pond Design Depth, feet: 7.5 e. TSS removal efficiency: 90 f. Permanent Pool Elevation, FMSL: 35 g. Permanent Pool Surface Area ft2: 54,235 h. Permitted Storage Volume, ftI: 124,577 i. Temporary Storage Elevation, FMSL: 37 j. Controlling Orifice: 4"0 pipe k. Permitted Forebay Volume, ft3: N/A 1. Fountain Horsepower, HP 1/4 m. Receiving Stream/River Basin: Hewletts/Cape Fear n. Stream Index Number: 18-87-26 o. Classification of Water Body: "SA" 1See Attachment B. b. DISCHARGES IN EXCESS OF THE DESIGN STORM TO SA WATERS The volume in excess of the design storm must flow overland through a level spreader and 50-foot vegetated filter strip designed per 15A NCAC 02H.1008(f)to pass the peak flow from the 10-year storm in a diffuse,non- erosive manner. c. FOUNTAINS Since the permanent pool volume is greater than 30,000 cubic feet, a decorative spray fountain will be allowed in the stormwater treatment system, subject to the following criteria: i. The fountain must draw its water from less than 2' below the permanent pool surface. ii. 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. iii. The falling water from the fountain must be centered in the pond, away from the shoreline. iv. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1/4 horsepower. 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. 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: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights-of-way,dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation,maintenance, and repair. b. 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 960820,as issued by the Division of Energy,Mineral and Land Resources (the"Division")under 15A NCAC 02H.1000. 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 as shown in Attachment B. 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 stormwater 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. 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. x. Each non-residential lot within the subdivision whose ownership is not retained by the permittee,must apply for and receive a separate offsite stormwater management permit from the Division prior to construction. 5. 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. 6. 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. 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. g. Other modifications as determined by the Director. 7. OPERATION AND MAINTENANCE. The permittee 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. 8. 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). 9. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a.A name change of the current permittee; b.A name change of the project; c.A mailing address change of the permittee. 10. 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.LEASE AGREEMENT. It is the responsibility of the permit holder,IG Wilmington,LLC("Lessee"), to notify the Division of any changes in ownership and request an ownership/name change for the stormwater permit. However, if the lease agreement or contract between the Lessee and Bruce B. Cameron Revocable Trust Agreement, October 1, 1992 as Amended and Restated(Property Owner#1) and Dry Pond Partners,LLC(Property Owner#2)("Property Owner") is dissolved,cancelled or defaults, and the Division is not notified by the Lessee to transfer the permit,then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request must be submitted to the Division within 30 days as described below otherwise the Property Owner will be operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143- 215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North Carolina General Statute §143-215.6A through §143-215.6C being taken against the Property Owner. b.TRANSFER REQUEST. The transfer request must include the appropriate application,documentation and the processing fee as outlined in 15A NCAC 02H.1045(2)and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part, ii. Dissolution of the partnership,corporate,or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; iii. Bankruptcy; iv. Foreclosure, subject to the requirements of Session Law 2013-121; 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. 11. 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. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. b. 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. c. 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. d. 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. 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. 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. h. 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. 12. LONGSTREET LOT 1. The permitted plans do not show the connection to Longstreet Lot 1. This permit will have to be modified to show the drainage connection to that lot when development is proposed for Longstreet Lot 1. Permit modified,transferred, corrected,updated, and reissued this the 2nd day of November 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION rian Wrenn, Directo Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 960820 Attachment B Built-upon Area(BUA) Allocations SW8 960820- Impervious Area Master Table Offsite Offsite Facility Name Permit Modification Permit 10/31/19981 11/2/21 Number Renewal 7/8/2009 Renewal 3/31/2021 Transfer 11/1/21 Total: 1,289,965 1,289,965 sf Onsite: 1,053,000 1,014,419 sf Permitted 702,000 552,953 sf Future 351,000 461,466 sf Offsite Lots: 236,965 275,546 sf SW8 I Barclay Place Phase 2 Lot 12 210311 -Lot 1 109,770 109,770 sf SW8 Barclay Place Phase 2 Lot 22 210312 - Lot 2 127,195 123,892 sf Longstreet Place Lot 12 TBD TBD 0 41,884 sf 'The file did not break out the 702,000sf of impervious area per land use. 2Lots 1 and 2 are solely owned by Dry Pond Partners, LLC and there is no lessee. The deed references for Dry Pond, LLC are Deed Book 5855, Page 238; Book 5855, Page 223; and Book 5855, Page 230 which are attached below. Note,these three deeds convey approximately 12.77 acres to Dry Pond, LLC which includes Lot 1 (Longstreet Place), Lots 1 and 2 (the areas adjacent to Shipyard on each side of Southhall Drive, MB 70, Pg 59), and the portion of the 31.18 acres shown on MB 70, Pg 59 they are labeled "lines to be null and void". (The recorded plat at Map Book 70 at Page 59 shows the owner as Bruce Cameron Trustee, however the note on the plat is incorrect.) State Stormwater Management Systems Permit No. SW8 960820 Attachment C Permitting History Version Date Permit Action 1.0 10/3/1996 Original permit issued. The project was certified on 4/3/1998. 2.0 7/8/2009 Renewal 3.0 3/31/2021 Renewal 3.1 11/1/2021 Correction and Transfer: The March 31, 2021 permit renewal was incorrectly issued to Bruce B. Cameron,Trustee. The previous version of the permit dated July 8, 2009 was issued to IG Wilmington, LLC. The March 31, 2021 permit should have been issued to IG Wilmington, LLC. The permit was transferred to IG Wilmington, LLC as a lessee on land owned by Bruce B. Cameron Revocable Trust Agreement, October 1, 1992 as Amended and Restated (Property Owner#1)and Dry Pond Partners, LLC(Property Owner#2) on 11/1/21. 3.2 11/2/2021 Minor Modifiction as summarized in Attachment B. The approved plan set consists of the plans approved 11/2/21 and the 10/3/1996 Sheets 1, 2,3, 7 and 8. Page 2 of 6 OEMLK USE ONLY Date Received Fee Paid Permit Number /5/ 1 Cb-cnksr \I \3y1 `. Sd5"' wB of toono • NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM tf .C365C Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within ( , \tr' A M 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://deq.nc.gov/contact/reqional-offic. 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 960820 2. Project name: Barclay Place Is this an updated project name from the current permit? ❑Yes ® No 3. Reason for the permit transfer request: Original Permit Holder is Deceased. RECEIVE OCT 2 6 2021 BY: Stormwater Permit Transfer Application Form Page 1 of 8 April 27,2018 ERSON(S)WHO HAVE SIGNED THIS FORM (select on/v 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 2011-255), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners'association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent(50%)of the units or lots to owners other than a declarant(provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act(see§47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either(select one of the following): ❑ The successor-owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor-owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is(select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other(please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor-owner shall comply with all terms and conditions of the permit once the permit has been transferred. DECEIVE 1-1 OCT 2 6 2021 BY: Stormwater Permit Transfer Application Form Page 2 of 8 April 27,2018 • 1 . C. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark"X"if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures)and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s)from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. Y 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. N/A 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built-upon area or the maximum allowed total built-upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals(not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. Y 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. flECEIVE OCT 2 6 2021 BY: Stormwater Permit Transfer Application Form Page 3 of 8 April 27,2018 • D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sum to provide Email. 1. Current Permit Holder's Company Name/Organization: IG Wilmi n.LLC 2. Signing Official's Name: Bruce B.Cameron.IV 3. Signing Official's Title: Manager 4. Mailing Address: P.O. Box 3649 City: Wlminaton State: NC ZIP: 28406 5. Street Address: 1201 Glen Meade Road City: Wilmington State: NC ZIP: 28401 6. Phone: (910)762-2676 Email: bcameroniv@cameronco.com I, Bruce B. Cameron Y_ ,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 ail that apply) ® the most recent permit: ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas,drainage easements or plats; ❑ the approved plans and/or approved as-built plans; • the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee(where required); ❑ a copy of the most recent inspection report I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that If all required parts of this request are not completed or if all required supporting information and attachments listed above are not included,this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be rovedby a DEMLR unless and until the facility is in compliance with the permit. Signature: �i Date: !0 Z e L/ I, �✓ Imo"} C' -)'Pr) , a Notary Public for the State of • C ) County f , Ems^ ,do hereby certify that CY-de. C ' personally appeared before me this the Z day of l- ,20 .and acknowledge the due execution of the forgoing instrument.Wtness my hand and official seal, .a uuu hill,%tot t7� D• �F , talksear) PON a NOTARY rylt ;DECEIVE : OCT 2 6 2fl2 ,4 Prtgilm — 3 r) cps • BY; Stormwater Permit Transfer Application Form Page 4 of 8 April 27,2018 E. PROPOSED PERMITTEE INFORMATIOI' 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: IG Wilmington, LLC ❑ HOA/POA/UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sum to provide Email. a. Signing Official's Name: Brace B. Cameron. IV b. Signing Official's Title: Manager c. Mailing Address: P.O. Box 3649 City: Wilmington State: NC ZIP : 28406 d. Street Address: 1201 Glen Meade Road City: Wilmington State: NC ZIP : 28401 e. Phone: (910) 762-2676 Email: bcameroniv@cameronco.com 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sum to provide Email. a. Management Company or Business name: b. Contact Name: Title: c. Mailing Address: d. City: State: ZIP: e. Phone: ( ) 1 117 ECEIVE OCT 7. 6 2021 BY: Stormwater Permit Transfer Application Form Page 5 of 8 April 27,2018 F. PROPOSED PERMITTEE CERTIFICATION I,Bruce B.Cameron.ill ,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 ot (select all that apply): ® the most recent permit 12 the designers 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; Cl past maintenance records from the previous permittee(where required); 0 a copy of the most recent inspection report; El 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 schedules addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit This written "plan of action and schedule"must be received by the Division before the Division will transfer the permit. I have reviewed the permit,approved plans and other documents listed above,and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built-upon area as shown on the approved plans;and I will{construct),operate and maintain the approved stormwater management system pursuant to the requirements lis d in the permit and in the operation and maintenance agreement. Signature: "jllw. 0• Date: 10)L IL L/ • I, 11_4D Ae)-1-0i-i ,a Notary Folic for the State of '!-'Sr�� County of �'(-' ,do hereby certify that sc?•'� >t' �Ti -2,.,--e.... personal - .. -red before me this the © day of , 20- ),and ' ry ac @ tt� t, -,execution of the forgoing instrument.Witness my hand and official seal, .co rtart �RY pUSLtC 0 arA ignatu F , R My xpires 5 3 _ Z flECEIvEr OCT 262021 k BY: Stormwater Permit Transfer Application Form Page 6 of 8 April 27,2018 ' G. PROPERTY OWNER INFORMATION AND CERTIFICATION #1 Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner If the purchase agreement, development agreement or lease expires or is terminated Company Name/Organization: Bruce B. Cameron Revocable Trust agreement dated October 1. 1992 as amended and restated Signing Official's Printed Name: Bruce B. Cameron. IV Signing Official's Title: Trustee Mailing Address: P.O. Box 3649 City: Wilmington State: NC ZIP: 28406 Phone:(AIM 762 2676 Email:bcameroniv@carperonoo.com I, Bruce B.Cameron.IV ,hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Perm€ttee listed in Part F will be purchasing the property, developing the property on my behalf,and/or leasing the property from me. A copy of the purchase agreement,development agreement or the lease agreement,which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request I agree to notify DEMLR within 30 days if there are any changes to the purchase,developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form,or Permit Transfer Application Form to address these changes.As the legal property owner, I acknowledge, understand,and agree by my signature below,that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS)143,Article 21. Signature of the property owner_44. �. 4Date: l 6 if—s It I I. i A/5�c, ti 1�• -Me.l-Die j , a Notary Public for the State of e9 , c- f 1 i n ,County of E i do herebycertifythat e A,. -611 01 " } personally appeared before me this the `---40 dayof Ar ,20 -Z) , and acknowledge the due execution of the forgoing instrument.Witness my hne official seal, ifee'#;%1C). MtTO Ntil rotary Sea° le Y 9V3I-NG‘ ,4/' tiptary Signatur , e spires 5- .31) . - ECEWE BY: Stormweter Permit Transfer Application Form Page 7 of 8 April 27,2018 , G. PROPERTY OWNER INFORMATION AND CERTIFICATION #2 Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Dry Pond Partners, LLC _ Signing Official's Printed Name: Bruce B. Cameron. IV Signing Official's Title: Managing Member Mailing Address: P.O. Box 3649 City: WllmirgatQf State: NC ZIP: 28406 Phone: (910)762-2676 Email: bcameroniv@cameronc9.com I, Bruce B.Cameeron.IV ,hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf,and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement,which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days If there are any changes to the purchase.developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form,or Permit Transfer Application Form to address these changes.As the legal property owner,I acknowledge, understand,and agree by my signature below,that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit If the property purchase, lease or developer agreementcontract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules,is subj to enforcement action as set forth in NC General Statute (NCGS)143,Article 21. Signature of the property owner 2 4, Date: t d z a Zi I, J a a p" '�`',1 .a Notary Public for the State of 1/47. (1'it,4 mac- County of do hereby certify that friairy ) personally appeared before me this the day of ,20". . ) .and acknowledge the due execution of the forgoing instrument.Witness my hand and official seal, IplNlllllp 14 pUeLIc lislolfiry Signature•µ- �5 ® - ECEWWE �. �4.k1flflfl$,IYdt. OCT 2 j 2021 BY: Stormwater Permit Transfer Application Form Page 8 of 8 April 27,2018 { DEMLR USE ONLY Date Received Fee Paid Permit Number Applicable Rules: CIoastal SW-1995 ❑Coastal SW-2008 El Ph II-Post Construction (select all that apply) ❑Non-Coastal SW-HQW/ORW Waters ❑Universal Stormwater Management P ❑Other WQ Mgmt Plan: State of North Carolina 1 6° Department of Environment and Natural Resources Division of Energy,Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original loV S I. GENERAL INFORMATION 1. Project Name(subdivision,facility,or establishment name-should be consistent with project name on plans, specifications,letters,operation and maintenance agreements,etc.): Barclay Place 2. Location of Project(street address): 2650 Shipyard Boulevard City:Wilmington County:New Hanover Zip:28412 3. Directions to project(from nearest major intersection): From the intersection of Independence Blvd.&US 117(Shipyard Blvd.),turn East on Shipyard Blvd. Travel-380 FT,then turn right on Southhall Dr. Project is-720 FT on the left. 4. Latitude:34° 11'38.2"N Longitude:-77°54'25.3"W of the main entrance to the project. IL PERMIT INFORMATION: 1.a.Specify whether project is(check one): ❑New ®Modification ❑Renewal w/Modificationt tRenewals with modifications also requires SWU 102-Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit,list the existing permit numberSW8 960820 ,its issue date(if known)07-08-09 ,and the status of construction: ❑Not Started ®Partially Completed* ❑Completed* *provide a designer's certification 2. Specify the type of project(check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System [Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application,list the stormwater project number, if assigned, and the previous name of the project,if different than currently proposed, 4.a.Additional Project Requirements(check applicable blanks;information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): :LAMA Major ®Sedimentation/Erosion Control:6.07 ac of Disturbed Area ❑NPDES Industrial Stormwater 0404/401 Permit:Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name,Project/Permit Number, issue date and the type of each permit:Currently Under Review for Phase 2. 5. Is the project located within 5 miles of a public airport? ONo EYes If yes,see S.L.2012-200,Part VI:http://portal.ncdenr.org/web/lr/rules-and-regulations ECEIVE OCT 2 5 2O2� Form SWU-101 Version Oct.31,2013 Page 1 of 6 I I BY: III. CONTACT INFORMATION 1.a.Print Applicant/Signing Official's name and title(specifically the developer,property owner,lessee, designated government official,individual,etc.who owns the project): Applicant/Organization1GWilmington,LLC Signing Official&Title:Bruce B.Cameron,IV,Manager b.Contact information for person listed in item la above: Street Address:1201 Glen Meade Road City:Wilmington State:NC Zip:28401 Mailing Address(if applicable):P.O.Box 364Q.___._.__._.__ City:Wilmington State:NC Zip:28406 Phone: (910 ) 762-2676 Fax: (910 ) 762-2680 Email:bcameronivcameronco.com c.Please check the appropriate box.The applicant listed above is: ❑The property owner(Skip to Contact Information,item 3a) ®Lessee*(Attach a copy of the lease agreement and complete Contact Information,item 2a and 2b below) ❑Purchaser*(Attach a copy of the pending sales agreement and complete Contact Information,item 2a and 2b below) ❑Developer*(Complete Contact Information,item 2a and 2b below.) 2.a.Print Property Owner's name and title below,if you are the lessee,purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:Bruce B.Cameron Revocable Trust agreement dated October 1.1992 as amended and restated Signing Official&Title:Bruce B.Cameron,IV,Trustee b.Contact information for person listed in item 2a above: Street Address:1201 Glen Meade Road City:Wilmington State:NC Zip:28401 Mailing Address(if applicable):P.O.Box 3649 City:Wilmington State:NC Zip:28406 Phone: (910 ) 762-2676 Fax: (910 ) 762-2680 Email:bcameroniv@cameronco.com 3.a. (Optional)Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: E C E IVE Other Contact Person/Organization: Signing Official&Title: b.Contact information for person listed in item 3a above: BY: Mailing Address: City: State: Zip: Phone: ( ) Fax: ( ) Email: 4. Local jurisdiction for building permits:New Hanover County Building Safety Point of Contact:Nicholas Gadzekpo,Director Phone#: (910 ) 798-7456 Form SWU-101 Version Oct.31,2013 Page 2 of 6 -bl,s ►ec . I III. CONTACT INFORMATION 1.a.Print Applicant/Signing Official's name and title(specifically the developer,property owner,lessee, designated government official,individual,etc.who owns the project): Applicant/Organization:IG Wilmington,LLC Signing Official&Title:Bruce B.Cameron,IV,Manager b.Contact information for person listed in item la above: Street Address:1201 Glen Meade Road City:Wilmington State:NC Zip:28401 Mailing Address(if applicable):P.O.Box 3649 City:Wilmington State:NC Zip:28406 Phone: (910 ) 762-2676 Fax: (910 ) 762-2680 Email:bcameronivcameronco.com c.Please check the appropriate box.The applicant listed above is: ❑The property owner(Skip to Contact Information,item 3a) /1 Lessee*(Attach a copy of the lease agreement and complete Contact Information,item 2a and 2b below) ❑Purchaser*(Attach a copy of the pending sales agreement and complete Contact Information,item 2a and 2b below) ❑Developer*(Complete Contact Information,item 2a and 2b below.) 2.a.Print Property Owner's name and title below,if you are the lessee,purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:Dry Pond Partners.LLC Signing Official&Title:Bruce B.Cameron,IV,Managing Member b.Contact information for person listed in item 2a above: Street Address:1201 Glen Meade Road City:Wilmington State:NC Zip:28401 Mailing Address(if applicable):P.O.Box 3649 City:Wilmington State:NC Zip:28406 Phone: (910 ) 762-2676 Fax: (910 ) 762-2680 Email:bcameroniv@cameronco.com 3.a. (Optional)Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: f) CP IIJE Signing Official&Title: OCT 2 5 20 2 1 b.Contact information for person listed in item 3a above: Mailing Address: BY: City: State: Zip: Phone: ( ) Fax: ( ) Email: 4. Local jurisdiction for building permits:New Hanover County Building Safety Point of Contact:Nicholas Gadzekpo,Director Phone#: (910 ) 798-7456 Form SWU-101 Version Oct.31,2013 Page 2 of 6 bwfl 9. Copy of any applicable soils report with the associated SHWT elevations(Please identify elevations in addition to depths)as well as a map of the boring locations with the existing elevations and boring logs.Include an 8.5"x11"copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs,the report should also include the soil type,expected infiltration rate,and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO:Schedule a site visit for DEMLR to verify the SHWT prior to submittal,(910)796-7378.) �' 10. A copy of the most current property deed.Deed book: Page No: 1' AO). 11. For corporations and limited liability corporations(LLC):Provide documentation from the NC MI 1.11 Secretary of State or other official documentation,which supports the titles and positions held by the persons listed in Contact Information,item la,2a,and/or 3a per 15A NCAC 2H.1003(e). I The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State,otherwise the application will be returned. http://www.secretary.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions,outparcels,and future development,the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary,a table listing each lot number,lot size,and the allowable built-upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/lr/state- stormwater-forms docs.Download the latest versions for each submittal. In the instances where the applicant is different than the property owner,it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s)below,the permit holder(s)certify that the recorded property restrictions and protective covenants for this project,if required,shall include all the items required in the permit and listed on the forms available on the website,that the covenants will be binding on all parties and persons claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR,and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm(such as a consulting engineer and/or firm)so that they may provide information on your behalf for this project(such as addressing requests for additional information). Consulting Engineer:T.Jason Clark,P.E. Consulting Firm:Norris&Tunstall Consulting Engineers,P.C. Mailing Address:2602 Iron Gate Drive,Suite 102 City:Wiltnington State:NC Zip:28412 Phone: (910 ) 343-9653 Fax: (910 ) 343-9604 Email:jclark@ntengineers.com &anorris@ntengineers.com IX. PROPERTY OWNER AUTHORIZATION(if Contact Information,item 2 has been filled out,complete this section) I, (print or type name of person listed in Contact Information,item 2a)Bruce B. Cameron,IV, ,certify that I own the property identified in this permit application,and thus give permission to(print or type name of person listed in Contact Information,item la)Bruce B.Cameron,IV, with(print or type name of organization listed in Contact Information,item la)IC Wilmington,LLC to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal,which indicates the party responsible for the operation and maintenance of the stormwater system. )ECEIVE1 OCT 2 5 2021 BY: Form SWU-101 Version Oct.31,2013 Page 5 of 6 -- D Wn�r • � As the legal property owner I acknowledge,understand,and agree by my signature below,that if my designated agent(entity listed in Contact Information,item 1)dissolves their company and/or cancels or defaults on their lease agreement,or pending sale,responsibility for compliance with the DEMLR Stormwater permit reverts back to me,the property owner.As the property owner,it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including he assessmen f civil penalties of up to$25,000 per day,pursuant to NCGS 143-215.6. Signature: 40, Date: /1. / a/zi I, 5 - ' Yi A/ 6/1 i 1 a Nary Public for the State of of • ./��%�l�/' ,do hereby certify Ythat ',Jere 46, ' *7;-r-lxi- Sdnally appeared before me this 20 day of �� and a owledge the xlue execution of a plication for a stormwater permit. Witness my hand and official seal, 1 _.,,,µNu too 1:1/446 :3:: 1V1 ....711 �''s SEAL cn p-(PRi § s 03 k'c4�O ��'S g My commission expires `3Q — ,** R���C°"`""; X. APPLICANT'S CERTIFICATION I,(print or type name of person listed in Contact Information,item 1a)Bruce B.Cameron,IV , certify that the information included on this permit application form is,to the best of my knowledge,correct and that the project will be constructed in conformance with the approved plans,that the required deed restrictions and protective covenants will be recorded,and that the proposed project complies with the requirements of the applicable storm ater rules under A NCAC 2H.1000 and any other applicable state stormwater requirements. Signature: IA i..1rl Z' 1 / l� Date:n I I, 4 !1 ` 7. �`=') y`i ,a Notary Public for the State of sC-. 2A f iCz County of �-e' ,do hereby certify that � €6 ,�y T personally appeared before me this day of 9 and ac wledge the ue execution of the a plication for a stormwater permit. Witness my hand and official seal,. •" t,. J4' fly + SEAL I ct NpTPRt 1 pug`G .1 s '�F .��'r My commission expires 5__3 ) -' n-Z/E Q�� cP I ECEIVE7 . OCT 2 5 2g21 f. BY: Form SWU-101 Version Oct.31,2013 Page 6 of 6 tuner 4 i_t_ 9. Copy of any applicable soils report with the associated SHWT elevations(Please identify AIL elevations in addition to depths)as well as a map of the boring locations with the existing elevations and boring logs.Include an 8.5"x11"copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs,the report should also include the soil type,expected infiltration rate,and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO:Schedule a site visit for DEMLR to verify the SHWT prior to submittal,(910)796-7378.) 10. A copy of the most current property deed.Deed book: Page No: 11_ For corporations and limited liability corporations(LLC):Provide documentation from the NC Secretary of State or other official documentation,which supports the titles and positions held by the persons listed in Contact Information,item la,2a,and/or 3a per 15A NCAC 2H.1003(e). )l�� Th e corporation or LLC must be listed as an active corporation in good standing with the NC l " Secretary of State,otherwise the application will be returned. http://www.secretary.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions,outparcels,and future development,the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary,a table listing each lot number,lot size,and the allowable built-upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/lr/state- stormwater-forms does.Download the latest versions for each submittal. In the instances where the applicant is different than the property owner,it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s)below,the permit holder(s)certify that the recorded property restrictions and protective covenants for this project,if required,shall include all the items required in the permit and listed on the forms available on the website,that the covenants will be binding on all parties and persons claiming under them,that they will run with the land,that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR,and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm(such as a consulting engineer and/or firm)so that they may provide information on your behalf for this project(such as addressing requests for additional information). Consulting Engineer:T.Jason Clark,P.E. Consulting Firm:Norris&Tunstall Consulting Engineers,P.C. Mailing Address:2602 Iron Gate Drive,Suite 102 City:Wilmington State:NC Zip:28412 Phone: (910 ) 343-9653 Fax: (910 ) 343-9604 Email:jclark@ntengineers.com &anorris@ntengineers.com IX. PROPERTY OWNER AUTHORIZATION(if Contact Information,item 2 has been filled out,complete this section) I,(print or type name of person listed in Contact Information,item 2a)Bruce B.Cameron,IV, ,certify that I own the property identified in this permit application,and thus give permission to(print or type name of person listed in Contact Information,item 1a)Bruce B.Cameron,IV, with(print or type name of organization listed in Contact Information,item la)IG Wilmington,LLC to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal,which indicates the party responsible for the operation and maintenance of the stormwater system. ^C��C V G IIG lid I. 2 5 2u± ) i BY: Form SWU-101 Version Oct.31,2013 Page 5 of 6 Uhvr- As the legal property owner I acknowledge,understand,and agree by my signature below,that if my designated agent(entity listed in Contact Information,item 1)dissolves their company and/or cancels or defaults on their lease agreement,or pending sale,responsibility for compliance with the DEMLR Stormwater permit reverts back to me,the property owner.As the property owner,it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessmen f civil penalties of up to$25,000 per day,pursuant to NCGS 143-215.6. �Signature: 6 4, ,,,4) .i-4f Date: l• Le/&.• .j I. h ,a No ry Public for the State of t. i )i Pt�'nunty of rE—�l —,do hereby certify that , '� ally appeared eared before me this 42day of t' ,. a -wledge the e execu 'on of the application for a stormwater permit. Witness my hand and official seal, rtamu+mwa, tia 1r�N� D. A�f4`, SEAL � . if c NOTARY = PUBLIC z j p---alp F ii c. My commission expires 441sk„f4/?C 0 UklivD,/ NammmNttt X. APPLICANT'S CERTIFICATION I,(print or type name of person listed in Contact Information,item la)Bruce B.Cameron.IV , certify that the information included on this permit application form is,to the best of my knowledge,correct and that the project will be constructed in conformance with the approved plans,that the required deed restrictions and protective covenants will be recorded,and that the proposed project complies with the requirements of the applicable stormwater rules under,5A NCAC 2H.1000 and any other applicable state stormwater requirements. Signature: �j.� Date: Lo/Z O 2. , I, G' In �ti � ��/l a No Public for the State of'.� 9. ���Jj,� 'ad f o hereby certify that ` 7 ared r.before me this Qy of 1 ' ac owledge the ue executi n of the application for a stormwater permit. Witness my hand and official seal, P�1 D. MEZT: SEAL � � Pp�gRc U 4 ,o i My commission expires � `` _ E I V 7 na,....0 u BY: iForm SW 101 Version Oct.31,2013 Page 6 of 6 — [J JLhhec Q1fvt•.5q a0 VI Operation & Maintenance Ar regiment gainaset6ra - -, Project Name: Barclay Place Project Location: 2650 Shiyard Blvd.,Wilmington, NC Cover page. Maintenance records shall be kept on the following BMP(s). This maintenance nt -1 3 s ll 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� cafe affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). h-• "tt}- .b 6 e) The BMP(s)on this project include(check all that apply&cones,Ending O&M tables will be added automatically): Bioretention Cell Quantity:111111111 [moat on('s): - Dry Quantity: Location(s): Detention Basin : Grassed Swale Quantity: Location(s):, Green Roof Quantity: Location(s):; - Infiltration Basin Quantity: � Location(s): Infiltration Trench Quantity:11111111111 Location(s): Level S reader/WS �_-�. p Quantity: Location(s): Permeable Pavement Quantity: Location(s): Proprietary System Quantity: Location(s): .._ Rainwater Harvesting Quantity: Location(s): Sand Filter Quantity: Location(s): tormwater Wetland Quantity: Location(s): ----___._ Wet Detention Basin �.-�.�..---�--�,.....__.:__,...�... Quantity: 1 Location(s): Pond Disconnected Impervious Area Present: No Location(s); (s) r- Y- z�..:_User Defined BMP Present: No Location(s):, l 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: Bruce B.Cameron, IV Title&Organization: Trustee I Bruce 8-Cameron Trustee Street address:1201 Glen Meade Rd.I P.O.Box 3849 --- City,state,zip: Wilmington,NC 29401!4iflin ton, NC 29406 Phone number(s): 910-762-26T6 Email: bcemeronlv@cameranca.com / • ! Signature: _____‘„ _.:. 3 ` 2 ` ' Date: 1 I, —ammo .Z..--egrEi.a4. ,a Notary Public for the State of t.1 C County of tJej 1{:+aaloe.r , do hearby certify that -ESco c.a. 3• Ca►wMe•reVV. N personally appeared before me this q'e' day of Mcae4K 207.1 and acknowledge the due execution of the Operaf ns and Mainte nce Agreement WitnessWitness.t;rix tieripi d official seal: 0 �/ ,4 . Y.?4 ,fC •\• `'`� i r1 v +"r ! ' flECE* v it Mrs w rr ks+s rn .... ..... .._ n4. LI t3 L.i MAR 2 3 2021 • `� , i`, BY:_ BY: : ersion 1.4 O&M Manual 314 1 021 of Pane 1 of 5 'Seal My commission expires L1-t \ flEC ;v MAR 2 3 2021 BY ;TORM-EZ ' 'ersion 1.4 O&M Manual 3/4/2021 of Paae 2 of 5 Wet Detention Pond MIntenance 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. ik The vegetated shelf Best professional practices Prune according to best professional practice �` V' show that pruning is needed to maintain optimal plant MAR 3Q�^� health. BY: 1 Piants are dead, diseased or I Determine the source of the problem: soils, hyydro ogy, (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. ;TORM•EZ 'orsion 1.4 O&M Mani!pi 3/4/2021 Wet Detention Pond Maintenance Requirements(Continued) The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide(do not spray). invasive plants cover 50%of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. REcEiv......„.. MAR 23 2021 ii BY TORM-EZ ersion 1.4 O&M Manual 3/4/2021 r Wet Detention Pond Design Summary WET POND ID FOREBAY MAIN POND Pond 1 Permanent Pool El. 35 Permanent Pool El. 35 Temporary Pool El: 37 Temporary Pool El: 37 Pretreatment other Clean Out Depth: 3 than forebay? No p Clean Out Depth: 5 I- Sediment Removal El: 32 Sediment Removal El: 30 Has Veg.Filter? Yes li..Bottom Elevation: 1 31 ,Buttum Eievation: I 27.5 i '1C-- \10 lAa l' . yl*,th' ,, , s c.,,, I A- -peirboick .7f,'„ -\--, \\ANA's ri.2.6 flECE; i . MAR 2 3 2021 Li BY: ;TORM-EZ 'ersion 1.4 O&M Manual 3/4/2021 RECV State Stormwater Management Systems Permit No. SW8 960820 OCT 1 5 1998 Independence Grande BY: Stormwater Permit No. SW8 960820 New Hanover County Engineer's Certification I, `5. L I►s , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, r- „. I 14 GUTtt.1.Gtia. (now r c r P[ctce ) (Project) for B vt.t.c . B. Ca (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. Noted deviations from approved plans and specification: Sign re - 4..9%�H CARO(/ '�. 0 1.0 gi 20007 = �� �'� . Registration Number I SEAL 20007 I Date 4.3•�8 c GI NF. . I 7 N� 1— High Density Developments with Outparcels -* b 6S Deed Restrictions & Protective Covenances (Zeil .1®e a01) 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 Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. 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, Bruce B. Cameron, IV, 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 outparcel or future development area: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 960820, 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 built-upon area for the outparcel(s) shown on the approved plans is as follows: Outparcel# BUA Outparcel# BUA Outparcel# BUA Lot 1 109.770 Lot 2 123.892 Lot 1 (Lonastreet) 41.884 These allotted amounts include any built-upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines 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. The runoff from all built-upon area within the outparcel or future development area must be directed into the permitted stormwater control system. 8. Built-upon area in excess of the permitted amount will require a permit modification. 9. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. 10. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. 11. The project and each outparcel will maintain a 30**foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. ECE VE OCT 2 5 2021 L Form DRPC-2 Rev.2 e 2 05Nov2009 Page 1 of 2 BY: High Density Developments with Outparcels Deed Restrictions & Protective Covenances 4 Signature: A.-`4 Date: b t DAi I, -%"1� Dr-i , a Notary Public in the State C. G9/;--( , _ , County of �O7 1 do hereby certify that "r am , ''''.2 aggi appeared before me this the r- l7day of (;::;)._.--7 , 20 z PN `�: �� wledge the due e ecution of th=foregoing instrume . Witness my hand and . c seal, sik --/...0 , / / Atf - A-- - _,....0.,_ s@TARY 0 , `Si•.: ure y. ,.� ,, o PUBLIC G I My Commission expires ,b1 3 f�- Y� t.: D., cove )ECEVE I , OCT 2 5 2071 Form DRPC-2 Rev.2 05Nov2009 Page 2 of 2 I BY: