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HomeMy WebLinkAboutSW8030404_Historical File_20170801Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY August 1, 2017 Wilmington Housing Authority ATTN: Katrina Redmon, CEO 1524 South 16' Street Wilmington, NC 28401 Subject: Permit Modification and Permit Renewal State Stormwater Management Permit No. SW8 030404 Sunset South New Hanover County Dear Ms. Redmon: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that the updated permit or any updated pages to the permit will now reference DEMLR as the Division responsible for issuance of the permit. PERMIT MODIFICATION On June 1, 2017, the Division of Energy, Mineral and Land Resources (DEMLR) received a request to modify the subject permit to address the addition of sidewalk within one of the common areas and overbuilding on Lot 4126 by 250 square feet. The permitted SCM's were reevaluated and it was determined that they can accommodate the small amount of additional volume without the need to increase the overall size of the permitted stormwater control measures. Please replace the previously approved plan sheets C1A and C2 with the new ones, attached. The requested modification was approved on July 27, 2017. PERMIT RENEWAL On July 28, 2017, the Division accepted a request to renew permit SW8 030404, which had expired on July 10, 2017. The Division is hereby notifying you that permit #SW8 030404 has been renewed on August 1, 2017. This renewed and modified permit shall be effective from the date of issuance until July 10, 2025. For your records, please find enclosed a copy of the modified and renewed permit and a copy of the renewal application form. Please keep this cover letter and the modified permit on file at all times. The permittee and the project are subject to the conditions and limitations as specified in the modified permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the SCM(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. State of North Carolina I Environmental Quality I Energy, Mneral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7235 State Stormwater Permit No. SW8 030404 Pap e 2 of`2 If any parts, requirements, or limitations contained in this hermit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this pennit shall be final and binding. If you have any questions concerning this matter, please contact Linda Lewis with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, Tracy Davis, �.E., Director Division of Energy, Mineral and Land Resources GDS/arl: \\\Stormwater\Permits & Projects\2003\030404 HD\2017 08 permit 030404 cc: Phil Norris, P.E., Norris & Tunstall City of Wilmington Stormwater Beth Wetherill, New Hanover County Engineering Wilmington Regional Office Stormwater File State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 State Stormwater Management Systems Permit No. SW8 030404 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Wilmington Housing Authority Sunset South Southern Boulevard at Adams Street, Wilmington, New Hanover County FOR THE construction, operation and maintenance of four (4) infiltration basins in compliance with the minor modification provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (DEMLR or Division) and considered a part of this permit. This permit shall be effective from the date of issuance until July 10, 2025 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. 3. The subdivision is permitted for 130 lots. Lots 1-125 and 127-130 are each allowed a maximum of 2,500 square feet of built -upon area. Lot #126 is allowed a maximum of 2,750 sf of built -upon area. 4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 1 of 5 State Stormwater Management Systems Permit No. SW8 030404 6. The following design criteria have been approved for the four infiltration basins and must be maintained at design condition: Basin # 1 1 2 1 3 4 a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: 3.72 162,049 0 7.02 305,775 0 5.23 227,903 0 12.32 10.94 1.38 b. Total Impervious Surfaces, ft2: Onsite, ft2: Offsite, ft2- 78,829 78,829 -0 136.750 136,750 i 0 111,728 111,728 0 219,861 218,821 1,040 c. Design Storm, inches: 2.0 2.0 2.0 2 d. Basin Depth, feet: 5.0 5.0 5.0 5.5 e. Bottom Elevation, FMSL: 21.0 24 24.5 25.5 f. Bottom Surface Area, ft2: 1,613 3,662 6,644 7,787 g. Bypass Weir Elevation, FMSL: 25.78 27.12 27.36 30.25 h. Permitted Storage volume, ft3: 19,667 65,701 55,451 73,608 i. Type of Soil: Sand Sand Sand Sand Expected Infiltration Rate, in/hr: 29 29 24 35 k. Seasonal High Water Table, FMSL: 18.5 21 22 23 I. Time to Draw Down, hours: 5 <8 <5 <4 m. Receiving Stream/River Basin: Cape Fear River / CPF17 n. Stream Index Number: 18- 71 o. Classification of Water Body: Sc II. SCHEDULE OF COMPLIANCE 1. The permittee shall maintain the vegetated runoff conveyances and the runoff collection system of swales, inlets, catch basins and piping at the grade, size, dimension, slope, elevation and location shown on the approved plans. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division. 3. The permittee shall review all proposed new and modified lot plans for continued compliance with the BUA limits specified in this permit. The plans reviewed must show and account for all of the existing and proposed built -upon area. 4. The permittee'shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further subdivision, acquisition, or sale of all or part of the project area as reported on the application. d. Filling in, altering, removing, relocating, redirecting, regrading or resizing of any of the vegetated runoff conveyances or runoff collection system components shown on the approved plan. e. The construction of any future built -upon area reported on the application. f. The construction of any areas of permeable pavement or #57 stone for BUA credit. g. Any other revision as determined by the Director. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 030404 5. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 6. The stormwater runoff collection system and the stormwater control measures shall be constructed, operated and maintained in accordance with the permit documents and the approved plans. 7. On August 15, 2007, the stormwater control measures were certified by an appropriate designer for the system installed that the permitted facilities have been installed in accordance with the provisions of this permit, the approved plans and specifications, and other supporting documentation. 8. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee shall provide -the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of infiltration sand media, runoff collection structures, bypass structures, catch basins and piping. g. Access to all components of the stormwater system must be available for inspection and maintenance. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. On April 2, 2004, the permittee recorded the following deed restriction statements from the original 2003 permit in Deed Book 4260 at Page 742: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030404, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the. concurrence of the Division of Water Quality. Page 3 of 5 State Stormwater Management Systems Permit No. SW8 030404 f. The maximum built -upon area per lot is 2,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. 12. The permittee shall prepare the necessary amendment to the recorded deed restrictions above to change the BUA limit for Lot #126 from 2500 sf to 2750 sf. Since. the permittee no longer has standing to amend the covenants, the amendment will need to be voted on, approved and recorded by the Sunset South Owners Association after the transfer of this permit to the HOA. 13. Prior to transfer of the permit to the Sunset South Owners Association, the stormwater facilities must be inspected by DEMLR personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Permit Transfer Application Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events- a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Bankruptcy, d. Foreclosure, subject to the requirements of Session Law 2013-121; e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2- 01(e) and NCGS 57D-6-07; 2. The permittee shall submit a competed Permit Update Form to the Division within 60 days of any one or more of the following events- a. A name change of the current permittee; b. A name change of the project-, c. A mailing address change of the current permittee; 3. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer request. 4. 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 set forth in North Carolina General Statute 143, Article 21. Page 4 of 5 State Stormwater Management Systems Permit No. SW8 030404 5. The issuance of this permit does not preclude the Permittee from complying with all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 6. If the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 7. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 8. Permittee grants permission to staff of the DEMLR to access the property during normal business hours to inspect the stormwater facilities. 9. The permittee shall submit a permit transfer application, fee and supporting documentation as listed on the transfer form, to the Division at least 180 days prior to the expiration date of this permit. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee. Permit updated, renewed and modified this the 1st day of August 2017. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 030404 Page 5 of 5 QT 1­70 Lf3 DEMLR USE ONLY Date ece' ed Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Energy Mineral and Land Resources (NCDENR DEMLR) STORrvC�►�vATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM This form may be photocopied for use as an original This form is to be completed by the current permit holder pursuan to Title 15A NCAC 2H.1003 .h) (2). This states that stormwater management permits, issued for projects that require the construction of engineered stormwater control measures (High Density Permits), shall be required to submit an application to renew the permit 180 days prior to expiration of the permit. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60. (c). I. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the North Carolina Department of Environment and Natural Resources (NCDENR) Division of Energy Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DEMLR Regional Office. (The appropriate offii aO eAVO ing on the interactive online map at http:/lportal.ncdenr.org web/guest/regional-offices. ies of the original p t can be obtained from the Regional Office of the Division of Energy, Mineral and Lana esia A Z LUf( This Renewal is for STORMWATER PERMIT #: SW 8 030404 PV- Please check which of the following permit renewal scenarios apply. Initial in the spaces provided that you have provided the required information. ® A. Renewal Only: -$505 fee -Renewal Form - Sign and complete all sections (send original & 1 copy) -Recorded Documents Required By Permit: Deed restrictions, covenants, condominium/planned community declaration & easements (if not already submitted to NCDENR DEMLR). Copies are acceptable. -Designer's Certification (if required by permit and not already received by NCDENR DEMLR) (See the last page of your permit for a copy of the certification form.) -I Have a Copy of the Current Operation and Maintenance Agreement (O&M): Please Keep this on File with your permit. -I Do Not Have a Copy of the Current O&M: Initial This Line to Request a copy. (If NCDENR DEMLR does not have a copy on file, then you will be notified to submit a new O & M form.) ❑ B. Renewal and Modification: -$505 Fee and Pages 1 & 2 of this Renewal Form -SWU-101 Application Form (http://portal.ncdenr.oMlweb/wy/wslsulstateswlforms docs ) -Recorded Documents Required By Permit: Deed restrictions, covenants, condominium/planned community declaration & easements (if not already submitted to NCDENR DEMLR). Copies are acceptable. - Under #II.1. on SWU-101 Application Form — Check Box for Modification w/Renewal -Designer's Certification (if required by permit and not already received by NCDENR DEMLR) (See the last page of your permit for a copy of the certification form.) - O&M Agreement (http://portal.ncdenr.org/web/wg/ws/su/bmp-manual) Form SWU-102 (Renewal Form) Rev. Oct. 31, 2013 Page 1 of 4 ❑ C. Renewal and Either: 1.) Permit Transfer to a New Permittee or 2) Project Name Chan Please submit all items in I.A, and: Request a NCDENR DEMLR site inspection if transferring permit to new property owner. Submit One of the Two Following Forms below (forms available at http://portal.ncdenr.org/web/lr/state- stormwater-forms dots). HOA Name/Ownership Change Form: For planned communities (per Chapter 47C or Chapter 47F of the General Statutes) 2. Name/Ownership Change Form: For all other transfers Please make .sure all required information is submitted with the Name/Ownership Change form (as stated in each of the available forms) and that all required signatures and initials are filled in properly. Otherwise the name change or transfer can not be processed and the original owner will remain as the permit holder. ❑ D. Renewal. Modification, and Transfer (or Name Change): Please submit gages 1 and 2 of this Renewal form along with all items listed in I. B. and C above (check this box and initial items in B. & C. that you are submitting to NCDENR DEMLR. H. APPLICANT'S CERTIFICATION Note: The legally responsible party is the current permittee and/or the legally responsible representative until such time that the permit is officially transferred through a request to DEMLR by the penstittee. I, (print or type name of permittee or person legally responsible for the permit ) Katrina Redmon _ certify that I have a copy of the DEMLR Approved Permit and O&M Agreement on -site (OR I have obtained a copy from DEMLR and it will be kept on site), that I am responsible for the performance of the maintenance procedures and the site has been, and will be, maintained according to the O & M Agreement. I agree to notify DEMLR of any problems with the system and prior to any changes to the system or changes in ownership I will (or have through this renewal application) notify NCDENR DEMLR and submit the proper forms to modify or transfer the permit. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. Permittee Title:Wilmington Housing Authority, CEO Address:1524 South 16th Street, Wilmington, NC 28401 NOTARIZATION: a Notary Public for the State of`•� �1 County of '(\eN, 3 \ \C\Y1% fe r , do hereby certify that k<c-=\rt- 4 , personally appeared before me this day of VYV-A 20 A `1 and acknowledge the due execution of the forgoing stormwater BMP maintenance requirements. Witness my hand and official seal, My commission e: Notary Signature: 2ki9 ECEIVE JUH 12 28V BY: SEAL Ca0(� \'G z Form SWU-102 (Renewal Form) Rev. Oct. 31, 2013 Page 2 of 4 , HAN��;��' II1. GENERAL INFORMATION 1. Stormwater Management Permit Number: SWS - 030404 2. Permit Holder's name (specify the name of the corporation, individual, etc.): Wilmington Housing Authority 3. Print Owner/Signing Official's name and title (person legally responsible for permit): Katrina Redmon CEO 4. Mailing Address for person listed in item 2 above: 1524 south 161 Street CityWilmington State:NC Zip:28401 Phone: (910 ) 341-7700 Email:k.schraml@wha.net Fax: (910 ) 254-9244 5. Project Name: Sunset South—�- 6. Location of Project (street address): Between Southern Blvd. and Maryland Ave. City:WilmingLon County:New Hanover Zip:28401 7. Directions to project (from nearest major intersection): From intersection of US 421 and US 17 take US 17 towards Carolina Beach. Turn right onto Southern Blvd. to Tefferson Street Pro ect is on the; left - BY: Form SWU-102 (Renewal Form) Rev. Oct. 31, 2013 Page 3 of 4 IV. PERMIT INFORMATION: 1. Specify the type of stormwater treatment: ❑Constructed Wetland ❑Bioretention []Wet Detention Pond ❑Dry Detention Basin ®Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other: If any changes were made to the original DEMLR approved project list them in the space below (attach additional pages if needed and provide "As -Built" drawings with this application). If major changes have been made to your project please request a plan revision or modification of the permit and submit "As Built" drawings along with a final or updated stormwater system engineer certification (if not already provided to NCDENR). DEMLR Engineer and Designer Certification Forms are available from each NCDENR DEMLR Regional Office. A permit modification has been applied for to add a small amount of additional sidewalk and to add 250 SF to the allowable impervious allotment for Lot 126 RECEIVED JUN 12 2017 BY - Form SWU-102 (Renewal Form) Rev. Oct. 31, 2013 Page 4 of 4 Date Received ee t Applicable Rules: ❑ Coastal SW —1995 ❑ Coastal SW -- 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management PIan ❑ Other WQ Mgmt Plan: State of North Carolina 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 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.): Sunset South 2. Location of Project (street address): located between Southern Blvd and Maryland Ave City:Wilmington County:New Hanover Zip: 3. Directions to project (from nearest major intersection): From intersectionof US421 and US 17 take TJS17 "towards Carolina Beach. Turn right onto Southern Blvd to Jefferson Street Project is on the left - 4. Latitude:340 11' 52" N Longitude:77* 56' 33" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New MModification ❑ Renewal w/ Modificationt tRenewals with modifications also requires SKU 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 030404 , its issue date (if known)july 10, 2003 , and the status of construction: ❑Not Started ❑Partially Completed* N Completed* *provide n designer's certifxsation 2. Specify the type of project (check one): ❑Low Density NHigh Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned DEMLR requesting a state stormwater management permit application, ] if assigned, NIA and the previous name of the project, proposed, i e MI stormwater proojectr6mber, ,Tent thaio c4geeentl -ov. 4. a. Additional Project Requirements (check applicable blanks; information on required sta e obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erosion Control: _ ac of Disturbed Area ❑NPDES Industrial Stormwater ❑404/401 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: uiq red and closed out 5. Is the project located within 5 miles of a public airport? NNo [-]Yes If yes, see S.L. 2012-200, Part VI: http:/(portal.ncdenr.org/web/lr./rules-and-regulations Form SWU-101 Version Oct. 31, 2013 Page 1 of 6 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:Wilrnirsgton Housing Authority Signing Official & Title:Katrina Redmon. CEO b. Contact information for person listed in item I above: Street Address:1524 South 1611 Street City:Wihnington State•NC Zip:28401 Mailing Address (if applicable):N/A Cit3r:— State: Zip: Phone: Fax: Email: c. Please check the appropriate box. The applicant listed above is: N 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. ('Phis is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: b. Contact information for person listed in item 2a above: Street Address: City:, Mailing Address (if applicable):, State: Zip: City: State: -Zip: Phone: ( k Fax: JECE Email: - MAY 18 2017 3. a. (Optional) Print the name and title of another contact such as the project's cons ; on supervisor or person who can answer questions about the project: Other Contact Person/Organization:Norris & Tun sta11 Consulting Engineers P.C. Signing Official & Title:. Phillip Norris P.E. b. Contact information for person listed in item 3a above: Mailing Address:1429 Ash Little River Road City:Ash Phone: (910 } 287Z900 Email-pnorris@ntengineers.com State -NC Zip:28420 Fax: f910 287-5902 4. Local jurisdiction for building permits: New Hanover County Development Services Point of Contact:Dennis Bordeaux. Director Phone #: (910 } 798-7103 Form SWU-101 Version Oct. 31, 2013 Page 2 of rV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Infiltration Basins 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: F1 Coastal SW —1995 n Ph 11— Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 28.29 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area{: 28.29 acres Total project area shall be calculated to exclude the fiollowin : the normal pool of impounded structures, the area between the banks of streams and rivers, the area below, the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) Iine. The resultwit ppro��ject area mused to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the N,fiW (or MHW) Iine may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 44.40 % 9. How many drainage areas does the project have?4 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. ECEIVElft MAY 18 20i7 BY. Form SWU-101 Version Oct. 31, 2013 Page 3 of 7 �.r 'Xm er�rious'�Surface:j+iea.c::.�;:::':; :Diair�a....;�►xea.:1'� �Dr::`'::.:`:.::eArea2€� 'Dxa'e`�rea�:� �1�raii�a....:�Ax�a�4 On-site Buildings/Lots (s 50,983 95,250 57,500 130,000 On -site Streets (sf) 19,482 31,219 39,675 68,794 On -site Parking 6 0 0 0 0 On -site Sidewalks s 8,364 10,281 14,553 20,026 Other on -site s 0 0 0 0 Future (s 0 0 0 0 Off -site (so 0 0 0 1,041 Existing BUA*`" (sf) 0 0 0 0 Total (s : 78,829 1.36,750 111,728 219.861 Stream Class and Index Number can be determined at: « *" Imppervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewaLb, gravel areas, etc. '"**Report only that amount of existing BUA that -will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. S rve Projects in Union County: Contact DEAdLR Central O91ce staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 1 SA NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&iVl) forms must be submitted for each BUT specified for this project. The latest versions of t w sa '� d from http•//aortal riedenx.org/web/wgl/ws/sulbmlz-.manual. MAY 18 2�17 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Divis of energy, Mineral_ and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http P/portal.ncdenr grrg/web/w�/ws/su/stateWIforms dots. The complete application package should be submitted to the appropriate DFA41A Office. (The appropriate office may be found by locating project on the interactive online map at httD:///portal ncdenr.org web/wq/ws/su/maas.) Please indicate that the following required information have been provided by initiali� in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from htt ortal.ncdenr or eb ws su state forms d CS. 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants arw, Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed sjgrned and dated) acid O&M agreement(s) for each BMP. Form SWU-101 Version Oct. 31, 2013 Page 4 of 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http:l/www envhely org,(pages onestopMress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for thQ project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1h mile of the site boundary, include the �fi mile radius on the map. 7. Sealed, signed and dated calculations (one copy). B. Two sets of plans folded to 8.5" x 14" (sealed, signed, &c dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings &e distances. j. Site Layout with all BUA identified and dimensioned.. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 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 SHWTT 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 ' ni— Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 2H.1003(e). 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. ht42://www.serretary.state.nc.usLCorDorations/CSL-mch._ ECEIVE MAY 18 2017 BY: Fonn SWU-l01 Version Oct. 313 2013 Page 5 of 7 VIL 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:l/portal ncdem.orgi vieb/ir/state-storanwater- 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:J. Phi Norris, P.E. Consulting Firm: Norris & TunstallConsulting Engineers P.C. Mailing Address:1429 Ash Little River Road City:Ash State NC Zip:28420 Phone: (910 1 287-5900 Email: pnorrisfnten$ineers.com Fa)c (910 ) 287-5902 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) 1, (print or type name of person listed in Contact Information, item 2a) , certify that I own the propertyidentified in this permit application, and thus give permission to (print or type name of person listed in Contact Information item 1a) with (print or type name of organization listed in Contact Information, item 1a) 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. all IVoft MAY 18 BY: Form SWU-101 Version Oct. 31, 2013 Page 6 of 7 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 Stonnwater 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. i and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature- Date: a Notary Public for the State of , County of do hereby certify that before me this _ day of personally appeared , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL ECEIVEIN My commission expires BY: X. APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) Katrina Remon. CEO 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 ofthe applicable stormy�ater rules under 15#-bLCAC 2H .1000 and any other applicable state stormwater requirements. Date: Cio►�. �� . ?-�1`1 I, o�t�e r :Sc4,raVIA , a Notary Public for the State of o Okl County of ar 1NC6YM- V- do hereby certify that _ O—re""w �C\' I'avv&n —personally appeared before me this Nt�'2ay of _'(`nx� "2 A-1 , and 1acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, C' a �,GHRq,v' y gyp' �G - �Q J��' € 0 4,HARD SEAL My commission expires °`c� � t 2 0 Fonn SWU-10i Version Oct. 31, 2013 Page 7 of A&K #02282 ' Permit No. State of North Carolina. (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater application form, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: Sunset South Contact Person: Benjamin J. Quattlebaum, II Phone Number: (910) 341-7700 This worksheet applies to: Basin No. 4 in Drainage Area 4 (as identified on plan) (from Form SWU-101) H. DESIGN INFORMATION — Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (finsl). Soils Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Form SWU-103 c'MnA 35.5 In/hr or cf/hr/sf (circle appropriate units) 23.0 finsl (Seasonal High Water Table elevation) 2.0 inch 47,124 c.£. 0.22 Days 88.24 ft. x 73,608 c.f. 25.5 30.25 31.0 Version 3.99 (1.5 inch event for SA waters, 1 inch event for others) 88.24 ft. 7,787 sq. ft (bottom dimensions) ,finsl finsl finsl Page 1 of 3 . M. REQUERED ITEMS CIIECKLLST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. System is not sited on or in fill material DWQ approval has been obtained. f System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right of -way. g. Drainage area for the device is less than 5 acres. h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters). Design volume and infiltration calculations attached j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. Calculations attached. k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. m. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches. or dense vegetative cover is provided n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters o. Flow distribution mechanism within the basin is provided. p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. 0,—s. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Version 3.99 Page 2 of 3 r IV. PUMTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six -inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavation may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stonmwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads _3 , feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Benjamin J. Quattlebaum, ll, Executive Director Address: P.O. Box 899 Wilmington, NC 28402 Phone: Signature: 910-341-7700 Date: Note. The legally responsible payVy should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. \ , I, (�1 �, Ci�r• l' �' Z L ° K� 1(�! ► r% , a Notary Public for the l State of � V eAV Nq J y 11ko County of v,rn1 liyl�j�ii+(� , do hereby certify that '— e`�4 .CAAbCG[ ilr +lipersonally appeared before me this Ij day of Y-Gf-x „ 24A * , and acknowledge the due execution of the foregoing infiltration basin maintenance requirements. Witness my hand and official seal. SEAL Signature commission expires ]-S- e10(A Form SWU-103 Version 3.99 Page 3 of 3 STORMWATER SYSTEM NARRATIVE SUNSET SOUTH Yi^gton, North Carolina For Wilmington Housing Authority 1524 South 16t" Street Wilmington, NC 28401 (910) 341-7700 IJUDD ; ti ,l,e- ECEIVE MAY 18 20V May 2017 BY: Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 1429 Ash -Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 (Fax) License # C-3641 N&T Project No. 17043 NARRATIVE Sunset South Receiving Stream Name: UT Cape Fear River Stream Class: SC Stream Index Number: CPF1718-(71) STORMWATER MANAGEMENT MEASURES: The project site is 28.29 acre tract located in Wilmington, North Carolina. The soils of the site consist of sandy, loam with grades ranging from 0.5% to 3.0%. The site has been built out and is permitted under Permit number SW8 030404. It has been determined that sidewalk has been constructed in a common area that is not reflected on the approved plans and is not accounted for in the permit. Also lot 126 has an overage of 250 square feet above the 2,500 square feet allowed in the permit. The permit and plans have been modified to reflect the added sidewalk and overage in lot 126. These changes can be accommodated without making any physical changes to the existing infiltration basins. 11,8_1011PARTMIMTOFTREINTRIVIOR U.N.GKOLOGICALBURVEY ME -51TC- WEEMMTONQUADRANGLE R. CIT Main erg SCALE I:M DOD as VaLmDwroN.Nc HOUSES CLOSED AT SUNSET SOUTH Sale of Lots -'Sunset South Community 4 ......................... ............ CLOSING LOY NO. , DATEI 10/28/OF-- 03/31/04 I BUYER NAME - Miles Grice 2 ibi6idi 03/16/05 02116/0 ................ § ........... ............... �er Meiia Finley ............................ 4 06/29105 Weikert 7 02/17/06 Klein .......... 8 11128/05 '6&i6idE Tracy ......................... i Johnston 10 07/01105 -05-13-1-1-06—, Harman ........................ ............................. Mazzarone ..................... 12 ........................ 11/04/05 ............................. Stutzel ................ R!2mrq ............ 13 04/25/06 Nawrocki 01/31106— PqLkq____ 15 ........... i§ ......... 11/17/05 ............................. .......... Dykes............ .......... 16 - 02/10/06 ELynLl 17 07/12/04 Robinson. J. ....................... i_1/T6/_6_5_ .............................. Farrow ....................................... 19 11/11/05 Lewis 210TI02/22/06 Loverde 21 03/16/05 .......... ............ Conyers .............. "'** bk"i/b 6 ...... .... ... .. Garcia..... 2 3 061 29 /0 5 S e nte r 24 12/16/05 Smith� J. 25 ........................ 12114/04 I........................... Faircloth 26 ' *01/31/06 _-8/05 ....................................... Gamey____ 27 11/1 Moore 28— 10/2 ........... Youssef ....................................... X�i'o­n ­ * ........... 30 0 2 3 0 02/03106 6 ............ ... ... Williams ........................ 0-'9 6 .............................. __/0 0 - 5 ......... Sanders 32 12/09/05 /09 0 5 ........................................ Rosnick 33 03/1 3 10 Viti 3.4 .......... 3/ 4 6 0 0 ..0.3/.24.10.6 .. ... .... ... ... ............. ....... Faqlkfl!�E 36 03/17/06 ... .. ................. tP�olanco 36 1,1.,12 04/08/05 5 Tarble 37 .......... ............. 03/11/05 ............... ........... ............ Jedre y ........................ 38 �i 0/29/6� 0� ................................ Antonio ........ 39 07/29/05 ..................... Coleman 40 1013120/06 Kovaiev 41 211 NOR 02/1 0106 ----- ---- --- --- Rabaglia 42 02/10/0( Clarkson 43 __Ti­_ 01/13105 _6i_1YCF10_6___ 'Hollack ..... .. .. . . .... . .... 45 1 0/i i 64 Fanelli 46 07/15/04 Walker 47 02/21/06 .......... -Foltz 49 03/30/06 White ........................ 5i1_iiT69 ............................. Z-6 Golding ..................... .......... 5.1 .......... _0.210.2/­106 .......... .. .. ... ... ..... ......................A............_...Rbinq. 52 02/17/06 Vazg ez/Burdick 53 08116/04 Gammello 54 10/08104 Pardieu 55 ........................ 01/30/06 .............................. Wooten 56 09129/05 ...................................... Derr 57 03/31/05 Battle Sunset SouthXCIient's Record of Houses Closed Filtered 12-13-16.xls.exl Rev. 12/15/2016 HOUSES CLOSED AT SUNSET SOUTH 58 02125105 ,g g-- : 6-519/-05 .50 11 0.8/1.1.1.05 62 09/02/05 66i066 .......... 05/11/05 71 01/21/05 Swinson 72 5 Nease 07/27/0 ........... ............ Carpenter,.,,_„ 74 di /05/06 Asher ....................................... F Martin ji4ifi­ 76 05/12/05 Pau h 79 02/15/0 !q. . ....... ­0'­8­/­2­6­/­0' Masaitis A— 5 .......................... 79 09/29/05_§-, . Vetter 03/31/04 .05/13./04 03118/05 11/ig/04 1 88 89 90 91 03/18/05 Norton 92 — 08119/05 Connell 196 ............... 03/08/06 .............................. Corte ....................................... 94 02103/06 Mail! 95 02122/06 96 ................ 04/21/05 .............................. Webb ........................................ 97 01/25106 Shaffer Schneiderman 99 7108105105 Eckstein 100 oo p ......... MG, ii"a r 6, n* e 102 05/12/06 Vasquez 103 05 Miles.....T. ...................... 'Marchese 03/1'0­/*O* 6' 105 --- 107/21/05 Nixon .10-6 0--0-5—/05 ,5 Herbert 107 05/31/06 Diaz 108 11/04/04 §Mlth 109 10/29/04 .......... !�gly?!rd .............. Smith,* K 06/27/05. 10.2./0.1./*`105 Jensen 112 ................ 03102/05 ...................... ­­­411"­­ Ward ....................... 1.1.3 .. .. ... . . ..... ........... =.Bpyp?!ds ........................ 116 E 06/24/05 = Paul Sunset South\Client's Record of Houses Closed - Filtered 12-13-16.xls.exi Rev. 12/15/2016 ,- r HOUSES CLOSED AT SUNSET SOUTH CLOSING LOT NO. ATE j� I BUYER NAMEj 120 08101105 Roque/Gon tML/ za LIez delaRosa/Brown/ 121 ........... i� 1 ....................... 12/29/04 ........... .............................. "art ........................................ McCourt 123 10/18/04 ....................................... Todd 124 09/16/05 Duarte/Johnson 1.2.5 .0.7/.0.1.10.5 ........... Phelps ....................... ......... 126 01/05/06 MacDermld 127 05/13/04 — Jenkins 128 ........................ 0/ 2006 14 Wagner ... ............................ 129 6/9/2006 06 WkW Holmes 130 1/13/2006C Stubbs ....................... .......... ... ...................................... . ........................ ........................ ... .............................. ... .............................. ..... I ....................................... .... ....................................... ....................... .... .............................. .... ...................................... ........................ ... ............................... .... ........................................... Sunset South\Clienrs Record of Houses Closed - Filtered 12-13-16.xis.exi Rev. 12/15/2016 �17CEIVE�� ---- REQUEST FOR BUD G.FTARY AUTHORITY/CONTRAtT APPROVAL jj Determingdon qf,Neod/justjficsktion 6movide- a itcomtht accow oft& p-&ej �d '690 'Engineering 'Engine Stormwafkr Permit for Sunset South based services to modify and renew the on comments CD &AM. cheek) lo scope of Work 1K. Juteroal CesMstiffilto 0 Other -***CONTRACT p December 2017 t4 1: $12,000 HEO Anwal cost. gstimate, n/a Wa Source- TOTAIL BUPGtT. quadi (1Y Orlgi#Wr -of A. Datc.�IGiect Contact peon;_K_&�Date (2). Area Property Manager-. (3). coth, -Date FUNDING FROM BUDGEMANS rrEM.: tpz-j joo_qq3b00 —2sis JS Ira _,� f (4) 13l.rector gf-Finaftee: /a 4. (cch es rnrG d1lir-ograms) M&O-VALTO PROCEED WrM PROCU119M Date: 1-7 Glue Eendive Officer Md solicitation — tou&act Prevaradon Advertised (pleawdirck):13 Star News 0 Jumnd D.Bulk Mailing Greater Diversity ProposakdQuotes PHADA Other. ADVERTISED PATES - PRE BID DATE: Bid Opening Date BOARD APPROVAL: Q Bid Amount: Coot NoZ CONTRACT PERION7 (include optional years) Y N n. CW=k.Av.edtkddr_--&: Dwaripdon otWoric APPJ?.OV13D'$Y-. Okiimor Department Head ktoo-, Date; Chkf Ppo� FM-76'r Con d Avorovd! and Exit uddif Date: Chief Executive Ofj7der is ion tear! D'istribt�t ion. (0) Raegived brCentnet DiyWi9a.- We entered into AccoaiitMam- INTERNAL COST ESTIMATE SUNSET SOUTH STORMWATER MODIFICATION AND RENEWAL The cost estimate for the modification and renewal of the Stormwater Permit for Sunset South is based on past experience with this property. The internal cost estimate is between $6,000 and $12,000. This estimate is based on previous work with an engineer for this property which ranged from $2,000 - $11,000. As the modification of the permit may include more work, the internal cost estimate maximum should be $12,000. Estimate prepared by: Karen Schraml, HEO SCOPE OF WORK SUNSET SOUTH STORMWATER PERMIT MODIFICATION AND RENEWAL Housing and Economic Opportunities, Inc. (HEO) is seeking quotes to modify a Stormwater Permit at Sunset South, a 130 single family home neighborhood off Southern Boulevard in the City of Wilmington, NC. HEO is the developer of the property and is the current holder of the permit. Please Prepare a quote for the followine: Prepare and complete modification and renewal of Stormwater Permit No. WQ0022639 in accordance with comments included in the attached letter and Notice of Inspection dated February 22, 2017 from the NC Department of Energy, Mineral and Land Resources (DEMLR). A copy of the Stormwater Permit is attached hereto for reference.. Modification of the Permit is to include the unpermitted addition of approximately 1878 SF of sidewalk in the common park area in the center of the site, along with any modification necessary in the event that the BUA limit of 2500 SF per lot has been exceeded. HEO will compile BUA information for each property based on development site plans and County tax records and provide you with a copy of that information to use in your calculation of the total BUA including the park sidewalks. DUE TO THE DEADLINE TO RESPOND TO DEMLR, PLEASE PROVIDE THE REQUESTED QUOTE BY 4:30 PM ON FRIDAY, MARCH 17, 2017. February 22, 2017 Wilmington Housing Authority Katrina Redmon, CEO 1524 South 16" Street Wilmington, NC 28401 Subject: Notice of Inspection — Not Compliant Request for Permit Renewal Application Sunset South State Stormwater Management Permit No. SW8 030404 New Hanover County Dear Ms. Redmon: Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On June 13, 2013, the Division notified you of the extension of the permit's expiration date per the permit extension laws signed by the Governor on August 5, 2009, and on August 2, 2010. The permit issued on July 10, 2003 is in effect until July 10, 2017. Per NCAC 02H.1003(h) applications to renew a permit must be submitted 180 days prior to the expiration date, or January 10, 2017. The permit cannot be modified or transferred until it is renewed. On December 19, 2016, the Division received a request from the Wilmington Housing Authority to transfer the permit to the Sunset South Owners Association, Inc. On February 14, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Sunset South, located off Southern Boulevard at Jefferson Street in Wilmington, New Hanover County to determine the status of compliance with the State Stormwater Management Permit, Number SW8 030404 issued on July 10, 2003. DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. The permit must be modified to address the unpermitted addition of sidewalk to DA 3 and DA 4 2. Basin #4 needs some additional maintenance and work to deal with the undercutting, slope erosion and sediment accumulation. 3. Verification must be provided that no lot has exceeded the maximum permitted BUA limit of 2500 sf. On June 7, 2016, a change of registered agent for Sunset South Owners Association was filed with the NCSOS. The association president named on that document is Wayne Wagner, however, the transfer form lists the president as Susan Shaloub. Please verify that Mr. Wagner's term as president is finished. The registered agent named on that document is Charles Meier and the Association's mailing address is listed as 709 Princess Street, Wilmington. However, the transfer form lists the Association's mailing address as PO Box 4898, Wilmington. The new owner information provided on the transfer form needs to be accurate. Our database can accommodate both the official corporate mailing address for the Association and for the Association's registered agent, which is normally an association management company. Ms. Redmon February 22, 2017 The Division understands that the Association has requested that the permit not be transferred to them because of allegations that the WHA did not fulfill certain contractual obligations in a timely manner, and inadequate design. Session Law 2011-256 only requires that the Division make a determination of compliance with the permit in order to transfer a permit to a homeowners or unit owners' association. The Association has no say in whether the project is in compliance. Once the permit has been transferred, the Association is free to adjudicate the permit, following the procedures which will be contained within the body of the permit cover letter. Please note that adjudication is limited to the terms of the permit, not to any outside legal actions. There have also been allegations of inadequate design for the infiltration basins. These basins were designed and certified by Phil Norris, P.E., a very reputable professional engineer currently with Norris and Tunstall. Please note that in a letter dated June 23, 2003, to the Division, Mr. Norris stated that the basins were designed to function without a bypass and that each basin can contain more than 2 inches of runoff and are designed to accommodate a 50-year storm without discharging. The reported infiltration rates for the underlying soil ranges from 24 inches per hour to 35 inches per hour. The Division reviewed the design for compliance with the stormwater regulations in effect at that time and found that the design complied with the rules, and subsequently issued a permit. The renewal of the permit and the unapproved addition of sidewalk to the project will require a permit modification. The database will only allow one open permit action at a time on any project, so, the transfer request will have to be placed on "hold" while the renewal is entered and processed. Once the permit is renewed, the modification can be entered, reviewed and permitted. Once the modification is permitted, the transfer request will be reentered and the site will be reinspected for compliance with that modified permit. Another designer's certification may also be required, depending on what needs to be done to the basins for the modification. Please be advised that until the Division approves of the permit transfer, the WHA is required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the submission of a renewal application, the submission of a modification to deal with the added sidewalk, and the continued operation and maintenance of the permitted stormwater system. failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by March 22.2417. are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at linda.lewisCa.ncdennaov. Sincerely, Linda Lewis, E.I. Environmental Engineer III Enc: Compliance Inspection Report GDS\arl: G:\\\Stormwater\Permits & Projects\2003\030404 HD\2017 02 CEI deficient 030404 cc: Phil Norris, P.E., Norris and Tunstall Jim Conner, SSOA Attorney, Calhoun, Bhella & Sechrest via email iconner(@cbsmorneys.com Amy Waug, WHA Attorney, Ward & Smith via email apwOwardandsmith.com Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File D-ee 2 of ,, Permit: SW8030404 Owner - Project: Wilmington Housing Authorlty inspection Date: 02/14/2017 Inspection Type Transfer Renewal Reason for Visit: Other File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 0 ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? E 0110 Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ E ❑ ❑ Is the dralnage area as per the permit and approved plans? N ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? E ❑ ❑ ❑ Comment: 1. As part of a reauest to transfer a permit, the Perilittee must provide verification that no lot has exceeded its maximum permitted built -upon area limit. No verification documents have been provided. 2. It appears that additional sidewalk has been added to the common area bordered by Virginia Avenue, Jefferson Street, and.Adams Street. The approved plans only show an oval ring of'sidewalk following the street riahts-of-way, but diaconal sidewalks connecting the opposite corners have been added. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet structures located per the approved plans? E 110 ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? N 111111 Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: 3. All of the infiltration basins are in much better shape than they were in 2015. Basins 1.2 and 3 had no erosion, had nicely vegetated slopes and they were dry. However. Basin #4 still exhibits sediment accumulation, significant undercuttina and erosion where the pipe enters. There was also about 6 inches or so of standing water in parts of Basin #4 after 5 days without rain. The flowrate from the pipe and the entrance angle of the pipe may be too high, and the resulting undercutting and erosion is contributing sediment. which is most likely settling into the pore spaces and blinding off the bottom. page: 3 State Sto7 'ter Management Systems Permit No. SW8 030404 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALrrY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Wilmington Housing Authority Sunset :South New Hanover County FOR THE construction, operation and maintenance of 4 infiltration basins incompliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 10, 2013 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on -page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 130 lots, each allowed 2,500 square feet of built -upon area, 3. Approved plans and specifications fox this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded .showing all such required easements, in accordance with the approved plans. 9 State Stor( 'ater Management Systems Permit No. SW8 030404 Project Name: Permit Number: Location: Applicant: Mailing Address: DIVISION OF WATER QUALITY PROJECT DATA SHEET Sunset South SW8 030404 Application Date: Receiving Stream/River Basin: Stream Index Number: Classification of Water Body: Design Storm Basin Number Drainage Area, acres: Total Impervious Surfaces, sq. ft.: Pond Depth, feet: TSS removal efficiency: Bottom Elevation, FMSL: Bottom Surface Area, sq. ft.: Permitted Storage Volume, cubic ft.: Temporary Storage Elevation, FMSL: Type of Soil: Expected Infiltration Rate, in/hr: Seasonal High Water Table Elev, FMSL: Expected time to draw down, days: New Hanover County Benjamin J. Quattlebaum, H Wilmington Housing Authority P.O. Box 899 Wilmington, NC 28402 July 8, 2003 Cape Fear River / Cape Fear CPF17 18-(71) "SC" 27, 1 2 3 4 3.72 7.02 5.2 12.3 78,829 136,500 110,461 219,249 5 5 5 5.5 90% 90% 90% 90% 21.0 24.0 24.5 25.5 1,613 3,662 6,644 7,787 19,667 65,701 55,451 73,608 25.78 27.12 27.36 30.25 Sand Sand Sand Sand 29.4 29.6 24.1 35.5 18.5 21.0 22.0 23.0 0.38 0.26 0.16 0.22 3 State StoT 'ater Management Systems Permit No. SW8 030404 H. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system ,,�rithel t submiltirg a revisionu. to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without -approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below - a. Any revision to the approved.plans, regardless of size. b. Project name change. Transfer of ownership. Redesign or addition to the approved amount of built -upon area. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. C. d. e. 5. The Director may determine that other revisions to the project should require a modification to the permit.. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written one schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing'to the Director that the changes have been made.- 7. The stormwater management system shall be constructed in it's entirety, vegetated and .operational for its intended use prior to the construction of any built -upon surface. 8. During. construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. State Store rater Management Systems Permit No. SW8 030404 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 13. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 14. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 030404, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot is 2,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. State Sto7 "-ater Management Systems Permit No. SV8 030404 15. Prior to .transfer of the permit, the stormwater facilities must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register. of Deeds. 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wogd decking, or the water surface of swimming pools. 111. GENES CONDIT' ONS 1. This permit is not transferable except after notice to and approval by the Director. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, including as may be required, but not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The pennittee is responsible for compliance with the terns and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any arA, all statutes, rules, regulations, -or ordinances which may be imposed by other Ve nment agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ-to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. ' The peimittee shall notify the Division of any name, ownership or mailing address changes within 30 days. State Sto7- - ater Management Systems Permit No. SW8 030404 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from'the date of the completion of construction. Permit issued this the 10a' day of July, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., ffect r, cry'' Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 030404 7 Fi Fill --� a —iliei I --I I--- -�-- � 1 lie------� �-------� If IF. lit ,�— — --- 1,1,11 ,IF oil - a,{{{ii��l lilts / e at r�-------�`-------- I PAR LII I hill � " r r105l fib\ it I • / " S ie i `1\ is l,h,l 1 , , IF ; a It `fin bill/. ieie- its all?AE him 1 big fie-1-!- 9ree�l Y•�r—_ !9i r � � . 1 lriie lit6 lier1— Ill iiIL •;c� IN If Z m• , � �eii' Eiif i 1N W IL a D m IQ N H W LA Z LL. 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C0 O O J Z ei e-I rl r-I rl rl r1 N N N N N N N N N N M rl rl e-I rl rl r1 rl e-I 'i rl rq r q ei r1 ei rl r1 rl Vf Lfl N H N LA L/f Ln N N N N yt C C C C C C C C C C C a a Q Q O L o L 0 L 0 L 0 In 0 L 0 L 0y L o L O L o L a �S_ ;0 a Q a IC .S OJ Q) 0) O) N N 0J 0J OJ N O1 C C C N OJ N OJ N OJ 0) N N O1 OJ L � �+ � L_ L L_ tD M N M 00 N CI' N O N tD N N 00 C > + ` ` ` IS ` M M Kf en en rn M ei rn ei M O Pit M N LA 00 itqcrN rq 0 m N N N N N N N N N N N N N N N N N Ln 4- O Ln 01 tkD 6/12/13 Wilmington Housing Authority- WHA Contact Us Home I Contact I Site Search WILD' INGTON& I- OUST Contact Us At:N Housing Concerns & .......Suggestions U.S. Department of Housing & Urban Development City of Wilmington Department of Social Services Cape Fear Community College University of North Carolina Wilmington Social Security Cape Fear Habitat for Humanity Sharp FOCUS Contact WHA Central Office 1524 S. 16th Street Wilmington, NC 28401 �J (910)-341-7700 (910)-341-7760 fax Chief Executive Officer Michael J. Krause, Esq. (910) 341-7700 Ext. 241 m.krause0wha.net Director of Human Resources G. Vemice Hamilton (910) 341-7700 Ext. 227 v. ha miltoni?bw ha. net Director of Finance Michelle Kerwin (910) 341-7700 Ext. 225 m.kerwin@)wha.net Director of Housing Choice Voucher Program Rhonda Mack (910) 341-7700 Ext. 281 r.mack@bwha.net Housing Choice Voucher Program 1524 S. 16th Street Wilmington, NC 28401 (910)-341-7727 (910)-772-9753fax Public Housing Occupancy Office 1524 S. 16th Street Wilmington, NC 28401 (910)-341-7750 (910)-341-7793fax Home i Inside WHA i Housing Pro7rams I Business Opportunities I Employ::ientOpportunities I Real Estate Development I Contact Wilmington Housing Authority . Copyright March 2009 . 1524 South 16th Street . WY:mington, North Carolina. 28401 . (910) 341-77DO Site Design: Wilmington WebMarketing.comg wwW.wha.net/Contact/Contact.htm 1/1 6112f13 Wilmington Housing Authority- BOC2 Home I Contact I Site Search WVR WILMINGTONOI HOUSING Board of Commissioners WHA Board Mtg Schedule BOC Monthly Mtgs " + HEO Monthly Mtgs (Mover Plaza Mtgs Committee Mtg Schedule * ARD Committee Finance & Audit Committee Resident & Community Relations Committee Articles of Inc BYLAWS _. BOC Access Board of Commissioners The Board of Commissionc°rs of the Authority (the "Board") consists of nine (9) commissioners. Each commissioner is appointed by the Mayor of the City of Wilmington. No commissioner may be a city official. At least one of the commissioners appointed is directly assisted by the Authority. Each commissioner holds office for a term of five (5) years or until his or her successor has been appointed and has qualified. Commissioners receive no compensation for his or her services but they are entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. A Chair and Vice Chair are elected each year at the Annual Meeting and hold office for one (1) year or until their successors are elected and qualified. Regular monthly meetings of the Board are held without notice at the regular meeting place of the Authority on the fourth Monday of each month at 4:30 p.m., except in the case of a legal holiday, in which event the meeting shall be held on the next succeeding secular day. The Annual Meeting of the Board is held on the fourth Monday of June. J4myC' Hurls chm Ono D %*ap sum Frileri We Chw L 5 -Bo" Dean. Jr Debra H Hqs amwed gory. Sr www.who.net/Board of Commissioners/Board-of Commissioners.htm 1/2 NON -WARRANTY DEED Parcel: R06013-016-003-000 Revenue Stamps: $0. e STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 2009024608 fOR RE.31',MAIIQN RLCI�JLW 6r Dkf'." JEMIi[R_H MAk:MLISH NEW HANOVF R Lulaiir fP_ 2009 JUL 08 03 52 41 PM BK 5422 PG - 470-473 FEE : g20 00 MSTWNT # NON2408 _ ECEIVE DEC 19 2019 BY: THIS NON -WARRANTY DEED, made and entered into this the 30 day of September, 2008 by and between HOUSING AND ECONOMIC OPPORTUNITIES, INC., a North Carolina nonprofit corporation, party of the first part; and SUNSET SOUTH OWNERS ASSOCIATION, a North Carolina nonprofit corporation having an address of 709 Princess Street, Wilmington, North Carolina 29401, party of the second part; WITNESSETH: That the party of the first part in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations to said party paid by the party of the second part, the receipt of which hereby is acknowledged, has bargained and sold and by these presents does bargain, sell and convey unto the party of the second part, said parry's successors and assigns, the following described property, lying and being situate in the City of Wilmington, New Hanover County, North Carolina and being more particularly described on Exhibit A attached hereto and incorporated herein by reference. Prepared by WmD AND SmM P.A., University Corporate Center,127 Racine Drive, Post Office Box 7068, Wilmington, NC 28406-7068 Please return to WAM Arm SM M, P.A., University Corporate Center, 127 Racine Drive, Post Office Box 7068, Wilmington, NC 28406-7068 Attention: Adam M. Beaudoin No opinion on title is rendered by WMD AND SheM P.A., without a separate written opinion on title from WARD AND Sh'uTm, P.A. This conveyance is made subject to easements of record or on the ground, restrictive covenants of record, and ad valorem taxes for the current year, which taxes the party of the second part, by accepting this deed, agrees to pay. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns forever. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed in such form as to be binding, this the day and year first above written. HOUSING AND ECONOMIC OPPORTUNITIES, INC., a North Carolina nonprofit corporation By: i /Michael Krause, rllr tkk) 4 �9r4oyep- COUNTY NORTH CAROLINA I certify that the following person personally appeared before me this day, acknowledging to me that she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated, and having been first authorized to do so: Michael Krause, President of Housing and Economic Opportunities, Inc. Date: 9- 3G Off Signature otary Public My co ission expires: (Official Seal) Notary seal or stamp must appear within this box. 021074-00004-001 W LMA 1N1106684! 1 2 Exhibit A Legal Description Fee simple interest in and to those tracts of land lying and being situate in the City of Wilmington, Wilmington Township, New Hanover County, North Carolina, shown and designated on that certain map entitled "SUNSET SOUTH A PERFORMANCE RESIDENTIAL DEVELOPMENT" recorded in Map Book 45, Pages 359-360, in the office of the Register Deeds of New Hanover County, North Carolina, including but not limited to all of the parcels designated as "COMMON ELEMENTS (PRIVATE);" "COMMON ELEMENTS (PRIVATE) STORMWATER POND;" and being ALL THOSE TRACTS shown on the above -described map, SUBJECT to any easements of record, including but not limited to those easements depicted on the above -described map, SAVING AND EXCEPTING ALL OF THE INDIVIDUALLY NUMBERED LOTS, specifically Lot 1 through Lot 130, inclusive; AND SAVING AND EXCEPTING ALL OF THE STREETS SHOWN AND DESIGNATED ON THE ABOVE -DESCRIBED MAP, INCLUDING BUT NOT LIMITED TO Jefferson Street, Adams Street, Virginia Avenue, Michigan Avenue, Arizona Avenue, Nevada Avenue and Maryland Avenue; AND SAVING AND EXCEPTING the parcel designated on the above - described map as "Reserved for Future Development", containing approximately 22,094 square feet, and bounded by the southern right-of-way line of Southern Boulevard (a 90' right-of-way) on the North, bounded by the western right-of-way line of Adams Street (a 60' public right-of-way) on the East, bounded by the northern right-of-way line of Arizona Avenue (a 50' Public right-of-way) on the South, and bounded by the eastern line of a parcel of land designated as "Common Elements (Private) Stormwater Pond" on the aforementioned map on the West; AND CONVEYED TOGETHER WITH, any and all easements appurtenant to the above -described property including but not limited to, the 15' Access Easements depicted on the above -described map. NORTH CAROLINA Department of The Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION G74 SUNSET SOUTH OWNERS ASSOCIATION the original of which was filed in this office on the 1 st day of April, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 1 st day of April, 2004 Secretary of State Document Id: C20040900067 a SOSIV 719052 Date Filed: 4/1/2004 2:19:00 PM Elaine F. Marshall North Carolina Secretary of State C200409000678 ARTICLES OF INCORPORATION FOR SUNSET SOUTH OWNERS ASSOCIATION (A NONPROFIT CORPORATION) I, the undersigned individual, hcreby do make and acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation under and by virtue of the laws of the State of North Carolina as contained in Chapter 55A of the General Statutes of North Carolina, entitled "North Carolina Nonprofit Corporation Act," and the several amendments thereto, and to that end hereby do set forth: Name: The name of the corporation is Sunset South Owners Association (the "Association"). 2. Duration: The period of duration of the Association shall be perpetual. 3. Definitions: As used in these Articles of Incorporation ("Articles"), the following definitions shall apply: (a) Capital izcd terms shall have the same meaning specified for such terms as more particularly set forth in the Declaration of Covenants, Conditions, Restrictions and Easements of Sunset South, and any amendments thereto (collectively the "Declaration"), recorded in the office of the Register of Deeds of New Hanover County, North Carolina; and, (b) References to the "North Carolina Nonprofit Corporation Act" shall mean Chapter 55A of the General Statutes of North Carolina and shall include any amendments thereto or any corresponding provisions of any future North Carolina Nonprofit Corporation Act; and, (c) References to the "North Carolina Planned Community Act" shall mean Chapter 47F of the General Statutes of North Carolina and shall include any amendments thereto or any corresponding provisions of any future North Carolina Planned Community Act; and, (d) References to the "Code" shall mean the Internal Revenue Code of 1986, as amended, and any amendments thereto or any corresponding provisions of any future United Statcs Internal Revenue Laws. 4. PuM2ses: The Association is organized and will be operated as a planned community under the North Carolina Planned Community Act for the following specific purposes: (a) To own, manage, maintain, and operate the Common Elements and improvements located upon the Common Elements, all as is set forth in the Declaration; and, (b) To enforce the Association Documents; and (c) To provide for services to the Property and Owners and perform the functions set forth in the Association Documents and the North Carolina Planned Community Act; and, thereunder, and, (d) To accept the transfer of the Permit and Declarant's responsibilities (e) To oversee, inspect, maintain, repair and replace the Stormwater Management Facilities constructed pursuant to the Permit; and, (f) To enforce the provisions of the Permit; and, (g) To enforce each Lot Dwnees obligations with respect to the Stormwater Management Facilities; and, (h) To undertake and perform any and all activities, responsibilities, and obligations applicable to the Association set forth in the Association Documents. In order to achieve the foregoing purposes, the Association shall have the following powers and authority: (aa) To exercise all powers and rights and perform all of the acts and duties and obligations of the Association as more particularly described in the Declaration; and, (bb) To undertake any activity whatsoever that is in furtherance, directly or indirectly, of the purposes of the Association set forth above; and (cc) To exercise any and all powers that may be conferred upon nonprofit corporations under the North Carolina Nonprofit Corporation Act in furtherance of the purposes of the Association; and, (dd) To exercise any and all powers that may be conferred upon planned communities under the North Carolina Planned Community Act; and, (ce) To take any and all action necessary and appropriate to qualify the Association under Code Section 528 and to elect that the Association be taxed under Code i►� Section 528, if such qualification and election is determined by the directors of the Association to' be in the best interest of the Association; and, (ff) To take any and all action necessary and appropriate to qualify the Association under Sections 105-125(a)(8) and 105-130.11(a)(l 1) of the General Statutes of North Carolina, if such Sections are applicable. Provided, however, and notwithstanding any power or authority set forth above in this Article, the Association shall have the power and authority to engage only in activities that meet each of the following requirements: (aaa) Such activities are not broader than those activities that may be undertaken by a nonprofit corporation pursuant to the North Carolina Nonprofit Corporation Act; and, (bbb) Such activities are not broader than those activities that may be undertaken by the Association pursuant to the Association's Articles of Incorporation, as from time to time may be amended, the Association's Bylaws, as from time to time may be amended, and the Declaration; and, (ccc) Such activities are not broader than those activities that may be undertaken by a planned community pursuant to the North Carolina Planned Community Act. 5. Initial Directors: The number of directors constituting the initial board of directors shall be three, and the names and addresses of the persons who shall serve as directors until successors shall be elected and qualified, are as follows: Name Address John K. Hatton 508 S. Front Street Wilmington, NC 28402 Laura Jeans 508 S. Front Street Wilmington, NC 28402 Alice Jones 508 S. Front Street Wilmington, NC 28402 Subsequent Boards of Directors, the number of directors, their terms of office, and the method of their selection shall be provided for and determined as is set forth in the bylaws of the Association. 3 6. Nonprofit Issues: The Association is not organized and shall not be operated for pecuniary gain or profit. No part of the net earnings of the Association shall inure to the benefit of, or be distributable to, its members, directors, officers, or any other individuals, other than (a) reasonable compensation paid by the Association for services actually rendered or other value received, (b) by acquiring or providing management, maintenance, and care of the Common Elements and improvements located upon the Common Elements, as set forth in the Declaration, and by undertaking any other responsibilities of the Association as set forth in the Declaration, and (c) by rebating excess membership dues, fees, or assessments, if applicable, pursuant to Section 55A- I 3-02(b)(3) of the North Carolina Nonprofit Corporation Act. 7. Membership: The Association shall have members, and the qualifications and rights of members shall be set forth in the bylaws of the Association. 8. Dissolution: In the event of dissolution of the Association, any net assets remaining after the satisfaction of the Association's liabilities shall be transferred and delivered (a) to one (1) or more nonprofit corporations formed under the North Carolina Nonprofit Corporation Act, as shall be selected by the Board of Directors of the Association, that. are organized generally for purposes similar or related to those set forth in Article 4 hereof, or (b) otherwise as permitted or required by law. 9. Registered Office and A grit: The street address of the initial registered office of the Association is 1001 College Court, New Bern, Craven County, North Carolina 28562; the mailing address of the initial registered office of the Association is Post Office Box 967, New Bern, Craven County, North Carolina 28563; and the name of the initial registered agent at such address is WASLAW, LLC. 10. Principal Office: The street and mailing address of the Association.',, principal office is 508 S. Front Street, Wilmington, New Hanover County, North Carolina 28402. IL Limitation on Personal Liability: To the fullest extent provided by law, no director of the Association shall be personally liable for monetary damages arising out of an action, whether by or in the right of the Association or otherwise, for breach of any duty as a director. 12. Incorporator: The name of the incorporator is W. Daniel Martin, Ill, and the address of the incorporator is University Corporate Center, 127 Racine Drive, Post Office Box 7068, Wilmington, North Carolina 29406-7068. 4 9-th IN TESTIMONY WHEREOF, I have hereunto set my hand, this the day of March, 2004. r W. aniel Martin, III, I corporator Prepared by and return to: W. Daniel Martin, III For the firm of Ward and Smith, P.A. University Corporate Center 127 Racine Drive Post Office Box 7068 Wilmington, North Carolina 28406-7068 Telephone: (910) 794-4800 Facsimile: (910) 794-4877 NBMAIN\576227\ 1 SOSID: 0719052 Date Filed: 7/18/2016 8:44:00 AM Elaine F. Marshall North Carolina Secretary of State STATE OF NORTH CAROLINA C2016 173 00070 DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE ANDiOR REGISTERED AGENT Pursuant to §55D-31 of the Gcncral Statutes of North Carolina, the undersigned entity submits the following Im the putptrsc of chanting its rcgi�tered office and/or registered agent in the State of North ('arolina, INFORMATION CURRENTLY ON FILE The name of the entity is: SUNSET SOUTH OWNERS ASSOCIATION f.�.ntity Type: ElCorporation. []Foreign Corporation, EINonprofit Corporation. []Foreign Nonprofit Corporation, ❑Limited Liability Company, ❑Foreign Limited Liability Company []Limited Partnership, []]Foreign Limited Partnership. ❑Limited Liability Partnership, []Foreign Limited Liability Partnership The sired address and county of the entity's registered office currently on file is: NntnbCl' and Street: 709 PRINCESS STREET City. State, Zip Code: WILMINGTON, NC 28401� County: NEW HANOVER__ The trailing address if'di&rent from the street address of the registered office currently on File is: l'I1c i13ilic of the current registered agent is: MARY MARGARET MCEACHERN NFW INFORMATION 1. The Street address and county of the new registered office of the entity is: (colnolviB this ifem onh' [f fhe address of the re-4sfered [)f/ice i:: heing changed) Number and Street: 14 S_5TH 6TQitlirF ���,e City. state, Zip Code: WILMINGTON, NC 28401_ `tS3s County: NEW HANOVER 2. The mai lirig address if di fj'erent from the street address of the new registered office is: lrwn! lerr IHie item nlrlr ff !/IB Qddr'CS'.S Of FHB YC'f 151ered Of�Ce 1S hP1nP C{7ongedl 3. The name of the new registered agent and the new agent's consent to appointment appears below: (r•un y)!ei[, fhh; item only i/ the name of flee registered a ew is beinfr, changed) r CHARLES D. MFIF..R -- - --Tvpa of f'rinf :Verne ofNc a Agem�-- — * Stgncrnnre & ifle-- - 4. The address of the entity's registered office and the address of the business ofticc of its I egistered agent, as changed. will be identical, S. This statement will be effective upon flint;, unless a date and/or time is specifier This is the 7TH_ day of JUNE n16 SUNSE SOUTH OWNERS ASSOCIATION WAY _. fVjAGNER, P rENT TvIle? or Prim Name urrd T'ilic Nutrn: Filing Ive is S5,00. 'Phis document must he filed with the Secretary or State. Instead nrrigning here, tht nets registered agent may sign a separate written consent to the appointment, which must he attached to this statement. c t)100RAT10NIS Ult: iStON P. O_ BOX-2 9622 RALEI(M.. NC: 27626-0622 RcVised January 2002 Foam 13E. U6 NORTH CAROLINA Department of The Secretary of State CERTIFICATE OF REINSTATEMENT FROM SUSPENSION I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify that the Articles of Incorporation of SUNSET SOUTH OWNERS ASSOCIATION were reinstated from suspension pursuant to the provisions of N.C.G.S. § 105-232 on 19th day of October, 2011 and, further, that the corporation was thereupon again entitled to exercise its rights, privileges, and franchises in this state. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 19th day of October, 2011 0,0 Secretary of State Documentld: C201129200267 Corporations Division Page 1 of 1 North Carolina Elaine F. Marshall Secretary 1--ECRETARY or.- TAM - PO Bc�a 2%22 R-Lihaari, NC 27r,2C-QO22 Account Login Click Here To: Create __- -- — - — —Bite View Document Filings Account Corporate Names Legal: Sunset South Owners Association Mon -Profit Corporation Information Sosld: 0719052 Status: Current -Active Annual Report Status: Not Applicable Citizenship: Domestic Date Formed: 3/31/2004 Registered Agent: Meier, Charles D Corporate Addresses Reg Office: 14 S 5th Ave Wilmington, NC 28401-4539 Reg Mailing: 14 S 5th Ave Wilmington, NC 28401-4539 Mailing: 709 Princess St. Wilmington, NC 28401 Principal Office: 709 Princess St. Wilmington, NC 28401 https://www.sosnc.gov/Search/profcorp/6451605 2/22/2017 SOSID: 0719052 Date Filed: 7/18/2016 8:44:00 AM Elaine F. Marshall North Carolina Secretary of State STATE OF NORTH CAROLINA C2016 173 00070 DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT Pursuant to `55D-31 of the General Statutes of North Carolina, the undersigned entity submits the lbllowing for the purpose of changing its registered office and/or registered agent in the State of North Carolina, INFORMATION CURRENTLY ON FILE The name of the entity is: SUNSET SOUTH OWNERS ASSOCIATION --_— —_ Entity Type: OCorporation, []Foreign Corporation, QNonprofit Corporation. QForeign Nonprofit Corporation, ❑Lhnited Liability Company, OForeil n Limited Liability Company ❑Limited Partnership, QForeign Limited Partnership. ❑Limited Liability Partnership, Foreign Limited Liability Partnership The street address and county of tlic entity's registered office currently on file is: Numbor and Street: 709 PRINCESS STREET City. State, Lip Code: WILMINGTON, NC 28401 — County: NEW HANOVER-_- - -^ - - The mailing address if diJfere►tt from the street address of the registered office currently on file is: The namc of the current registered agent is: MARY MARGARET MCEACHERN NE1�4' INFORMATION 1. The street address and county of the new registered office of the entity is: (cuntlrlete lhis item unk if the uddress of the re;;islered oJfiee is being c•hungevd) Nunlbur and Street: 14 S_5TH8i�f.F� � -- ——y-------------__..__-__-.. City. State, Zip Code: WILMINGTON_ NC 26401 _ �s' - NEW HANOVEA ---_ --_- - _ County. 2. The inailing address if'difj`erertt from the street address of the new registered office is: trun1.1tere• thie item anlr if the address of the: registered affic e is being changed! 3. The name of the new registered agent and the new agent's consent to appointment appears below: (r•urr;)seen. This ilem (.nly if,the nan7t, of the registered agent is being changed) r CHARLES D. MFIFR T1pe of- Print :'Name of Net. Agent * Signature 8c 7 itle 4. The address of the entity's registered office and the address of the business office of its registered agent, as changed. will be identical. 5. This statement will be effective upon filing, unless a date and/or time is specified: _.. This is the 7TH day of JUNE 1015 SUNSE SOUTI-t OWNERS ASSOCIATION -- rDN WAY _. VrAGNER, P Ttpe or Print Name and Tille Notes: Fifintt I'ce is $5.00. This document must tie riled with the Secretary of State. • Instead of'signing here, the new rcgistcred went may sign a separate written consent to the appointment, which must he attached to this statement. Col(POR.AT Y)NS DIVPSWN P. O. BOX 29622 RALEIGH. NC 27626-0622 RO'itietl January 2002 Form BEE.-06 Lewis,Linda From: Lewis,Linda Sent: Thursday, September 28, 2017 12:41 PM To: 'Amy P. Wang - 5516'; jconner@cbsattorneys.com'; 'Payne, John' Cc: Sams, Dan; Scott, Georgette; 'Phil Norris' Subject: SW8 030404Inspection Report Sunset South Attachments: Emailing: IMG_0390 (002); 2017 09 CEI_BIMS 030404.pdf; 030404.pdf 0 Please find attached the inspection letter and report, and a picture of Basin #4 in its current condition. The picture was taken around 11:45 am on Wednesday September 27, 2017. Hardcopies will be mailed via USPS to each of you as well. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewisa-ricden r, gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 A-'Y � (�t� ��y .la M /C�'!'� 1�} A, fr. r. �� 4'.''-`. x.i•: s.f �r f)• . _1 .��:,�. �rCA, 2� �-�I:��.��. .�I f`�. �...-��'._5_ i;l if, �16. i`'_ � ' :.�. Lewis,Linda From: Lewis,Linda Sent: Wednesday, July 26, 2017 9:59 AM To: 'Amy P. Wang - 5516' Cc: Scott, Georgette; Sams, Dan Subject: RE: Sunset South Stormwater Permit SW 8 030404 Amy: I am available tomorrow (Thursday) to discuss. I'll let Georgette and/or Dan set up the time. Linda From: Amy P. Wang - 5516 [mailto:APW@wardandsmith.coml Sent: Wednesday, July 26, 2017 9:20 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: Sunset South Stormwater Permit SW 8 030404 Linda, Thank you for forwarding a copy of Jim's letter as I had not received it. I would like to discuss the points at issue with you and/or Georgette. If it would be easier to set up a time and even a conference call, let me know your availability. Best, Amy Amy P. Wang Attorney I LEED Green Associate Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 2 867 1 F: 25 P: 252.672.5516 F: 252.672.5477 1 M: 252.675.7269 V-card I www.wardandsmith.com 91 U [13 If you have received this confidential message in error, please destroy it and any attachments without reading, printing; copying or Porvtiardin Plca ; let us kno.'r of the error ininiediately so that N� e ce.n prevent .ii from. Iiappiniug again. You may reply direoctly to the sender of this mes! iwi±.her the :name of -lord and Smith.. P.A. or its representative, nor transmission of this email from Warct :end Smith, P.A., shad be considers electronic sign13ture unless specifically statf-d otberwiso in this email by a licensed attorney employed by lVard and.. Smith, P.A. Thank you. From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Tuesday, July 25, 2017 12:45 PM To: Amy P. Wang - 5516 Cc: Scott, Georgette; Sams, Dan Subject: FW: Sunset South Stormwater Permit SW 8 030404 A couple of points for your consideration: 1. You'll need to make your case that the project meets the Planned Community Act, but the recorded document specifically says that the project meets the PCA requirements. 2. The transfer was submitted in December 2016, prior to the onset of the 2017 rules, so their statement about needing a signed O&M agreement from the proposed permittee is invalid. The GS does not require a signed O&M when the permit is being transferred under the 2011-256 requirements. 3. The 2011-256 transfer law says that the permittee requests the transfer, not the declarant. The declarant is required to have done all of the things that are listed in that law. But the declarant is not required to be the same as the permittee. Pease call us (me or Georgette) if you have any questions. Thanks, Linda From: Lewis,Linda Sent: Tuesday, July 25, 2017 11:56 AM To: Scott, Georgette <g�,orgette.scott@ncderni-. ov>; Sams, Dan <dan.sams@ncdenr.& v> Subject: FW: Sunset South Stormwater Permit SW 8 030404 The letter alleges the following: 1. That the Planned Community Act does not apply in this case, so both parties may need to sign off on the transfer form. Our attorney should be able to make the argument that the PCA does indeed apply; 2. That the HOA is underfunded and residents are low-income, so they are not financially able to take on the responsibility of the permit. if there is money available for the HOA to hire an attorney there should be money available for maintenance. 3. That the permit holder, WHA, was not the Declarant, so they have no standing to request a transfer of the permit. This may be able to be addressed by simply transferring the permit from WHA to the Declarant named in the restrictive covenants, and then having the declarant file a request to transfer to the HOA. 4. That the proposed permit holder (HOA) has not signed an O&M agreement. It seems a bit counter -productive under SL 2011-256 to allow the Division to a transfer a permit to an HOA without their signature on the transfer application, but then to require the HOA to sign an O&M agreement. If the HOA is unwilling to accept the permit, then what makes us think they'll be willing to sign an O&M? Linda From: Lewis,Linda Sent: Tuesday, July 25, 2017 11:18 AM To: 'Amy P. Wang - 5516' <APW@wardandsmith.com> Subject: FW: Sunset South Stormwater Permit SW 8 030404 got this letter on Friday (I've been out on vacation until today). I've requested assistance from Dan and Georgette to get it addressed. Linda From: Jim Conner ImaiIto: icon ner(@cb attorneys.com] Sent: Friday, July 21, 2017 12:04 PM To: Lewis,Linda <li_nda.lewis@ncdenr.Fov> Cc: Christine Paone <cmor'reL'cDcbsattorneys.com> Subject: Sunset South Stormwater Permit SW 8 030404 ^ear Ms. Lewis: Please find attached a very important letter regarding this Permit, and the attempts by the current permit holder to transfer it to Sunset South Owners Association over their objections. Many thanks for your attention to this urgent matter. I am sending a copy to Bill Lane, DEQ General Counsel, under separate cover. Best, Jim James L. Conner II 919-749-9943 direct Calhoun. 8hella & Sechrest, LLP 4819 Emperor Boulevard, Suite 400 Durham, North Carolina 27703 www.cbsattorneys.com is jr �.r :�Z-..: r... !" r �I.p. .... t. . ilk . ... s.ti -! II lic, 1! Cc' !Lse '}� iT, .. .c`. �..r .r ,. :�' 34.. GigW 15 .,i r�i It ] �r k/,"J :..L jcgnner()cbsattorneys.com. Lewis,Linda From: Lewis,Linda Sent: Tuesday, July 25, 2017 12:45 PM To: 'Amy P. Wang - 5516' Cc: Scott, Georgette; Sams, Dan Subject: FW: Sunset South Stormwater Permit SW 8 030404 Attachments: Letter to DEQ re no transfer of permit 7-21-2017.pdf A couple of points for your consideration: 1. You'll need to make your case that the project meets the Planned Community Act, but the recorded document specifically says that the project meets the PCA requirements. 2. The transfer was submitted in December 2016, prior to the onset of the 2017 rules, so their statement about needing a signed O&M agreement from the proposed permittee is invalid. The GS does not require a signed O&M when the permit is being transferred under the 2011-256 requirements. 3_ The 2011-256 transfer law says that the permittee requests the transfer, not the declarant. The declarant is required to have done all of the things that are listed in that law. But the declarant is not required to be the same as the permittee. Please call us (me or Georgette) if you have any questions. Thanks, Linda From: Lewis,Linda Sent: Tuesday, July 25, 2017 11:56 AM To: Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: Sunset South Stormwater Permit SW 8 030404 The letter alleges the following: 1. That the Planned Community Act does not apply in this case, so both parties may need to sign off on the transfer form. Our attorney should be able to make the argument that the PCA does indeed apply; 2. That the HOA is underfunded and residents are low-income, so they are not financially able to take on the responsibility of the permit. if there is money available for the HOA to hire an attorney there should be money available for maintenance. 3. That the permit holder, WHA, was not the Declarant, so they have no standing to request a transfer of the permit. This may be able to be addressed by simply transferring the permit from WHA to the Declarant named in the restrictive covenants, and then having the declarant file a request to transfer to the HOA. 4. That the proposed permit holder (HOA) has not signed an O&M agreement. It seems a bit counter -productive under SL 2011-256 to allow the Division to a transfer a permit to an HOA without their signature on the transfer application, but then to require the HOA to sign an O&M agreement. If the HOA is unwilling to accept the permit, then what makes us think they'll be willing to sign an O&M? Linda ' From: Lewis,Linda Sent: Tuesday, July 25, 2017 11:18 AM To: 'Amy P. Wang - 5516' <APW9- ,,v ; !ar.;dsmitr.cr Subject: FW: Sunset South Stormwater Permit SW 8 030404 I got this letter on Friday (I've been out on vacation until today). I've requested assistance from Dan and Georgette to get it addressed. Linda From: Jim Conner [n-aiIto: iconner =;tt^rneys.c17.-m Sent: Friday, July 21, 2017 12:04 PM To: Lewis,Linda <linda.lewist�rLs: �fnr.g.ov> Cc: Christine Paone <cpaone@c►; aitorneys.cor,i> Subject: Sunset South Stormwater Permit SW 8 030404 Dear Ms. Lewis: Please find attached a very important letter regarding this Permit, and the attempts by the current permit holder to transfer it to Sunset South Owners Association over their objections. Many thanks for your attention to this urgent matter. I am sending a copy to Bill Lane, DEQ General Counsel, under separate cover. Best, Jim James L. Conner II 919-749-9943 direct 4819 Emperor Boulevard, Suite 400 Durham, North Carolina 27703 www.cbsattorneys.com , ::•+d�`.tt.C'.. :Y;..::;. 41� �,_ ti=lt._ lilif_.i�' . +i"�;i'1 �;... r..., 't i _ .. ,. ,;ri, :::r:�i1•:+... `',atl!'�5, t_LC`. !i'i`' C�+!iT'ilis ^'c�Y" �3 iti& c+Ill s ". c 1 Gam_ L �`.0 : iii Li c.d �' 'not?� i ..t...,., r_...: i.''."i _.'1,' C.,�..,." 4't .'- t.i�, - I..'tli��` t.. '..,I:._ fit:,. 'ta of t'.,i .i":)i.Ni.�r.J. bZ 1connerPcbsattorneys.com. ` From: Lewis,Linda Sent: Tuesday, July 25, 2017 11:56 AM To: Scott, Georgette <georeette.scott ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: Sunset South Stormwater Permit SW 8 030404 The letter alleges the following: 1. That the Planned Community Act does not apply in this case, so both parties may need to sign off on the transfer form. Our attorney should be able to make the argument that the PCA does indeed apply; 2. That the HOA is underfunded and residents are low-income, so they are not financially able to take on the responsibility of the permit. if there is money available for the HOA to hire an attorney there should be money available for maintenance. 3. That the permit holder, WHA, was not the Declarant, so they have no standing to request a transfer of the permit. This may be able to be addressed by simply transferring the permit from WHA to the Declarant named in the restrictive covenants, and then having the declarant file a request to transfer to the HOA. 4. That the proposed permit holder (HOA) has not signed an O&M agreement. It seems a bit counter -productive under SL 2011-256 to allow the Division to a transfer a permit to an HOA without their signature on the transfer application, but then to require the HOA to sign an O&M agreement. If the HOA is unwilling to accept the permit, then what makes us think they'll be willing to sign an O&M? Linda From: Lewis,Linda Sent: Tuesday, July 25, 2017 11:18 AM To: 'Amy P. Wang - 5516' <APWCa�wardandsmith.com> Subject: FW: Sunset South Stormwater Permit SW 8 030404 I got this letter on Friday (I've been out on vacation until today). I've requested assistance from Dan and Georgette to get it addressed. Linda From: Jim Conner [mailto:iconner cbsattornevs coml Sent: Friday, July 21, 2017 12:04 PM To: Lewis,Linda <Iinda.lewis@ncdenr.gov> Cc: Christine Paone <cpaoneftcbsattorneys.com> Subject: Sunset South Stormwater Permit SW 8 030404 Dear Ms. Lewis: Please find attached a very important letter regarding this Permit, and the attempts by the current permit holder to transfer it to Sunset South Owners Association over their objections. Many thanks for your attention to this urgent matter. I am sending a copy to Bill Lane, DEQ General Counsel, under separate cover. Best, Jim James L. Conner II 919-749-9943 direct Calhoun, Shelia & Sechrest, LLP 4819 Emperor Boulevard, Suite 400 Durham, North Caro!ina 27703 www.cbsattorneys.com This eie.�ironic message contain -m'r ration from the law firm of C hoan, Bhe;la & 5echresl, U.P. Thi: contents may bp privileged and confidential and air.; e.. .:.`used for (he use of the intended addressee(s; only. If you are not an intended addressee, note that any discfo: ui-e, ;ring {�' .:; ::. or use of the contents of this message is z)rfirhbiters. if rLu have received this e-maid in error, pie - C;ontacl, rise icon ner(a),cbsattorneys.com. Lewis,Linda From: Jim Conner <jconner@cbsattorneys.com> Sent: Friday, July 21, 2017 12:04 PM To: Lewis, Li nda Cc: Christine Paone Subject: Sunset South Stormwater Permit SW 8 030404 Attachments: Letter to DEQ re no transfer of permit 7-21-2017.pdf Dear Ms. Lewis: Please find attached a very important letter regarding this Permit, and the attempts by the current permit holder to transfer it to Sunset South Owners Association over their objections. Many thanks for your attention to this urgent matter. I am sending a copy to Bill Lane, DEQ General Counsel, under separate cover. Best, Jim James L. Conner 11 919-749-9943 direct Calhoun, Bhella & Sechrest, LLP 4819 Emperor Boulevard, Suite 400 Durham, North Carolina 27703 www.cbsattorneys.com rtI. ..:1;. ?U .1 ,i a ii n"ay be .. �.. � -�. ._.�a✓i�' 7;��... r .... _: o�. t r- .. . .-��. .A u. .. .., i a. { ...,.�. .1 .�/t �1 ���:�". r_".r _� :'• ..r � _ i `F� � Y. i-i.. U{::.� (II �1�! r. {t''. {i'� U� Ci. .i. r► . _ �,.. `� , . sic c-r., :! { { :.: c . , ' _;.. w �_ �,.: _ .. ::_+ icon nerCa?cbsattorneys.Com. � C Lewis,Linda From: Lewis,Linda Sent: Thursday, July 20, 2017 5:25 PM To: 'Amy P. Wang - 5516' Subject: RE: Sunset South SW8 030404 Thank you Amy. I'll add it to my NHC project inspection list. I don't know about you, but I've gone through 2 cans of hairspray so far this summer! It's too hot and humid! Linda From: Amy P. Wang - 5516 [mailto:APW@wardandsmith.com] Sent: Thursday, July 20, 2017 4:51 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: Sunset South SW8 030404 Hi, Linda. I am checking in to let you know that all the repair work has been done at Sunset South and it's ready for inspection if you can get to it this month. Also, I sent the notice letter to the HOA in care of their attorney, Jim Conner. I'm still waiting for the return receipt card to come back, and then I will send it on. Not sure what the delay is. Stay cool in this weather, Amy Amy P. Wang Attorney I LEED Green Associate Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 P: 262.672.5516 1 F: 252.672.5477 1 M: 252.675.7269 V-card I www.wardandsmith.com If you have received this confidential messLge in error, please destroy it and any attachments without reading., printing, copying or forwaruin Ple se %. as know of the error immcdiately so that we can prevent it from happening again. You may reply directly to h;: Crider of this Ncith;,r the name of Ward. and Smit i, P.A. or its representative, nor transmission of this email from Ward and Smith, P.A., shall be consi&rc clec:ranic signature unless specifically stated otherwise in this email by a licensed attorney employed by Ward and Smith, P.A. 'Thank you. From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Friday, July 07, 2017 11:29 AM To: Amy P. Wang - 5516 Subject: Sunset South SW8 030404 Amy: On June 22, 2017, Dan Sams fielded a call from a Susan Sharif, an HOA member in Sunset South inquiring about the work being done for Basin #4 and whether it was "ordered" by this Office. I have not had the time to call her back, but I will after I have a chance to review the June 12017 modification package and reinspect Basin #4. Dan indicated the conversation might be very long, so I have been putting it off because I just don't have the time for a long conversation. I'm getting ready to start my June reviews, so you and Phil should hear from me soon. Thanks, Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.LeAis_(@ncden(,gqy Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 ---""Nothing Compares Email correspondence to and from this address is subject to the. North Carolina Public Records Law and may be disclosed to third parties. Completeness Review Checklist Project Name: 1�ukL Soc'Oh—, Received Date: N-7 Project Location: Accepted Date: Rule(s) 132008 Coastal 131995 Coastal ®Phase II (WiRO.) ®Universal ®1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): 0 30t-(c)7 =PE Cert on File? Density: HD or LD Type: Commercial or Residential 0NCG: %: _®(% OK?) Stream Class: �SA Map =Offsite to SW8 Subdivided?: Subdivision or Single Lot =FIORW Map Exempt Paperwork IpSupplement(s) (1 original per BMP) O&M with correct/original signatures (1 orit L=JApplication with correct/original signatures Corp or LLC: Sig. Auth. per SoS or E3405 (within 6mo) Soils Report with SHWT Calculations (signed/sealed) 11No obvious errors EDDensity includes common areas, etc t EDeed Restrictions, if subdivided: nSigned & Notarized Emailed Engineer on: J Correct Template (Comm/Res & HD/LD) o Plans � 2 Sets ®Details (roads. cm Grading Vicinity Map ®Legend Infiltration Soils Report 1 SHWT: Bottom: Visited: Additional Information: Permitted BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) -,— 6 ) J . 0 Completeness Review Checklist Project Name: L� �;� Received Date:(' Project Location: Accepted Date: Rule(s) �2008 Coastal 1995 Coastal Phase II (WiRO.) Universal ®1988 Coastal L—JType of Permit: New or Mod or PR Existing Permit # (Mod or PR): 0 s'qO PE Cert on File? � Density: HD or LD Type: Commercial or Residential NCG: %: I1(% OK?) Stream Class: MSA Map f7Offsite to SW8 Subdivided?: Subdivision or Single Lot IIIAORW Map I MExempt Paperwork Emailed Engineer on: 11Supplement(s) (1 original per BMP) BMP Type(s): 0O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) Application with correct/original signatures ®Deed MCorp or LLC: Sig. Auth. per SoS or letter ®Email Address: Design Engineer L505 (within 6mo) ®Email Address: Owner FF­lSoils Report with SHWT Note t® Reviewer: Calculations(signed/sealed) FD—]No obvious errors MDensity includes common areas, etc G `� Deed Restrictions, if subdivided: ed & Notarized Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest Flans �2 Sets Details (roads, cul-de-sacs, curbs, sirl- Grading ®Wetlands - Vicinity Map ®Legend C� Infiltration Soils Report SHWT: Bottom: Visited: Additional Information: Permitted BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) V NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. J. Phillip Norris, P.E. John S. Tunstall, P.E. T. Jason Clark, P.E. 902 Market Street • Wilmington, NC 28401-4733 • Phone (910) 343-9653 a Fax (910) 343-9604 1429 Ash Little River Road NW • Ash, NC 28420-1715 • Phone (910) 287-5900 • Fax (910) 287-5902 LETTER OF TRANSMITTAL To: Ms. Jo Casmer Date: June 8, 2017 , Job No. NT#17043 NC DEQ - State Stormwater Program subject: State Stormwater Permit Renewal 127 Cardinal Drive Extension SW8 030404 Wilmington, NC 28405-3845 WE ARE SENDING YOU VIA MAIL ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ CERTIFICATION ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑11 FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-343-9653 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 1 05-30-17 Original Stormwater Management Permit Renewal Application (SW8 030404) 1 05-30-17 Copy - Stormwater Management Permit Renewal Application (SW8 030404) 1 06-02-17 7035 Check payable to NCDEQ in the amount of $505.00 ECEiVE JUN t 2 Z011 FS11A REQUESTED R YOUR USE ❑ FOR REVIEW AND COMMENT ® FOR APPROVAL ❑ FOR BIDS DUE ElYOUR PRINTS LOANED TO US _ I REMARKS: g - P�4 �Jj cc: K. Schraml SIGNED J. Phillip Norris, P.E. /+Ju) CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. Casmer, Jai From: Casmer, Jo Sent: Thursday, June 01, 2017 8:43 AM To: pnorris@ntengineers.com Subject: Sunset South; Stormwater Permit SW8 030404 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the Stormwater Permit Application and $505.00 fee on June 1, 2017. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. Please be advised that no construction activities may commence until the Stormwater Permit is issued Jo Casmer Administrative Assistant for DEMLR/Stormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax io.casmer(cDncdenr.gov 127 Cardinal Drive Extension Wilmington; NC 28405 -��Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Lewis,Linda Sent: Wednesday, May 24, 2017 1:07 PM To: 'Amy P. Wang - 5516' Cc: Scott, Georgette Subject: RE: Sunset South Change of position SW8 030404 Amy: There was no renewal application provided from Phil Norris. There is only the modification. Once it's modified, the permit will need to be renewed before we transfer it to the HOA. The renewal fee will be another $505.00 that is over and above the modification fee. I suggest that the renewal paperwork and fee be submitted ASAP so that we can modify, renew and transfer this permit. Thanks. Linda From: Amy P. Wang 5516 [mailto:APW@wardandsmith.com] Sent: Wednesday, May 24, 2017 12:17 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subiect: RE: Sunset South - Change of position SW8 03n404 Linda, Will the modification also be treated as a renewal? I don't recall if the renewal requires different or additional documentation from what Phil has submitted to you already. Amy From: Lewis,Linda[mailto:linda.lewis(c�ncdenr.gov1 Sent: Tuesday, May 23, 2017 2:54 PM To: Amy P. Wang - 5516 Subject: RE: Sunset South - Change of position SW8 030404 Amy: I still have to review the modification. I don't know if that application is complete or if I will need additional information. The original inspection report also noted that Basin #4 needs some additional work. Per SL 2011-256, 1 have to inspect the project within 90 days of issuing the transfer. Once the modification is approved and the transfer is reentered into the database, I'll reinspect the project and get the permit transferred, assuming that Basin #4 is up to snuff. Linda From: Amy P. Wang 5516 [maiito:APWCi)warda.ndsmiih.com] Sent: Tuesday, May 23, 2017 2:37 PM To: Lewis,Linda Cc: Scott, Georgette Subject: RE: Sunset South Change of position SW8 030404 Linda, Thank you for discussing the Wilmington Housing Authority's dilemma with Georgette. I will prepare i letter to the Division explaining the Authority's inability to modify the covenants unilaterally and a letter of explanation to the Sunset South Owners Association. Am I correct in understanding that the modification and transfer of the Stormwater Permit will occur once the Division receives the letter of explanation and a copy of the letter that we will send to the Association by certified mail? Or are there other outstanding documents? Best regards, Amy Amy P. Wang Attorney I LEED Green Associate Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 P: 252.672.5516 1 F: 252.672.5477 1 M: 252.675.7269 V-card I www.wardandsmith.com 1113 EM If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copyir forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply dire( the sender of this message. Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email fron and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attor employed by Ward and Smith, P.A. Thank you. From: Lewis,Linda [maiIto: linda.lewisf ncdenr.goy,] Sent: Tuesday, May 23, 2017 11:45 AM To: Amy P. Wang - 5516 Cc: Scott, Georgette Subject: Sunset South - Change of position SW8 030404 Amy Per my conversation with Georgette after we hung up earlier this morning, and contrary to what I told you in that conversation, we will be able to transfer the permit to the HOA before the amendment is recorded. We need the Wilmington Housing Authority to send a letter to the Division indicating that they already conveyed their right to amend the covenants to the HOA along with a copy of all the supporting documents. The letter should also indicate that the WHA has addressed both the sidewalk BUA and the Lot 126 BUA overages by that modification recently submitted to the Division. The WHA should also send a letter to the HOA via certified mail, with a copy to the Division, indicating that the HOA has the amendment rights; and that the HOA will need to file the amendment to change the BUA limit for Lot 126; and that the BUA overages have been addressed by the recently submitted permit modification. Once the permit modification is issued to WHA, the transfer request will be re-entered, processed and the permit will then be transferred to the HOA. The modification and transfer will be accomplished in one document addressed to the a HOA and copied to WHA. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@nrd nr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 'Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Completeness �Reylaw CIhecklist Project Name:h ��.� cc7[��i+� Received Date: ,r /,Q 2-#3 (-7 Project ,Location: Accepted Date: �'�-_ Paperwork Emailed Engineer on: L Supplerrfent(s) (1 Original per BMP} BMP Type(s): — �O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) 7�lication with correct;or!ginal signatures ❑Deed ®Corp or !LC: Sig. Auth. ;per SoS or letter E-mail Address: j , fi$505 (within 6mo) Email Address: Design Engineer Owner J;Soils Report with SHWT ;.- ,�L� ����.�--sue Note to Reviewer: ulations (signed/sealed)Lj I., No obvious errors Density includes common areas. etc ;;Deed Restrictions, if subdivided: igned & Notarized a nants Plans kj SeZ is etails (roads, cui-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)J. GradingWetlands: Delineated or No Wetlands inity Map Layout (proposed BUM dimensions) rekencl DA Maps roject Boundaries Infiltration Is Resort SHWT: Bottom: Visited: Additional Information: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Wet Pond Soils Report SHWT: PP: Offsite 'PE Cert for Master I Deed Rest for Master `r -N BUA Permitted (Master): BUA Proposed (Offsite): 8LOt # ^hatches 1'Aaster sf sf Permitted Proposed: Proposed. Proposed: E NORRIS & TUNSTALL CONSULTING ENGINEERS P.C. 902 Market Street Wilmington, NC 28401 (910) 343-9653 (910) 343-9604 Fax 1429 Ash -Little Rivet Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax John S. Tunstall, P.E. J. Phillip Norris, P.E. T. Jason Clark, P.E. May 16, 2017 Ms. Jo Casmer NC DEQ Division of Energy, Mineral and Land Resources — State Stormwater Program 127 Cardinal Drive Extension Wilmington, NC 28405-3846 Re: State Stormwater Permit Modification Submittal SW8 030404 Sunset South Wilmington, NC N&T Project No. 17043 Dear Ms. Casmer: Enclosed are two (2) sets of plans for the above referenced project, one (1) set of calculations, one (1) copy of the Stormwater Narrative, one (1) USGS map, the original Division of Water Quality Stormwater Management Permit application, and a $505.00 check for the permit review fee. The amended deed restrictions will be provided under separate cover by others. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEER , P.C. J. Phi ' ris, J N/tm 17043 05-16-17-s-sw-Itr Enclosures cc: Ms. Karen Schrami / HEO, Inc. WhECEIVE MAY I A top ev NCBELS License C-3641 A S;,w p o LA Casmer, Jar From: Amy P. Wang - 5516 <APW@Mrdandsmith.Com> Sent: Tuesday, January 10, 2017 2:16 PM To: Casmer, Jo Cc: Katrina Redmon (kredmon@wha.neQ;'Karen Schram); Lewis,Unda Subject: RE: Sunset South; Stormwater Permit SW8 030404 h Thanks for the assignment update. I spoke to Georgette Scott about this matter before the holidays, so was expecting it to be assigned to Linda. The submitted documentation did not contain email addresses because it does not appear to be requested anywhere within the forms. Email addresses for the current owner/permittee, our client the Housing Authority for the City of Wilmington, are Katrina Redmon at kredmon@wha.net and Karen Schraml at kschraml@wha.net. I do not have an email address for the President of the Sunset South Owners Association. Please have Linda contact me as needed, as Georgette and I suspect the transfer will be contentious. Happy New Yearl Best regards, Amy � Amy P. Wang Attorney I UED Green Associate Ward and Smith, P.A. 1001 College Court (28562) I Post office Box 887 New 2.87 N5 2 1 F: 52.6 P: 252.B72.5518 I F: 252.872.5477 I M: 252.875.7289 InDIMM V-card I www.wardandsmith.com ff you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwardi Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this me Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from Ward and Smith, P.A., shall be consider electronic signature unless specifically stated otherwise in this email by a licensed attorney employed by Ward and Smith, P.A. Thank you. From: Casmer, Jo [mailto.jo.casmer@ncdenr.gov] Sent: Tuesday, January 10, 2017 10:27 AM To: Amy P. Wang - 5516 SubJect: Sunset South; Stormwater Permit SW8 030404 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the Stormwater Permit Ownership Transfer documents for this project on January 10, 2017. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. The documentation did not include email addresses for current/new owners so we ask you please provide this status to them. Jo Casmer Administrative Assistant for DEMLR/Storrnwater Section North CarollwDepartment of Environmental Quality Departrpent of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax io.casmerV-)ncdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 It Email correspondence to and from, this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Casmer, Jo From: Casmer, Jo Sent: Tuesday, January 10, 201710:27 AM To: AMY P. WANG - Subject: Sunset South; Stormwater Permit SW8 030404 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the Stormwater Permit Ownership Transfer documents for this project on January 10, 2017. The project has been assigned to Linda Lewis and you will be notified if additional information is needed. The documentation did not include email addresses for current/new owners so we ask you please provide this status to them. Jo Casmer Administrative Assistant for DEMLR/Stormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax 9o.casmerIftodenr.a 127 Cardinal Drive Extension IN11mington, NC 28405 -5>1 6thtng +ConWres..�. dC' . 1. Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. `NS WARDANDSMITH,PA. AMY P. WANG, Attorney at Law 1001 College Court (28562) Post Office Box 867 New Bern, NC 28563-0867 December 15, 2016 VIA EMAIL (georgette.scott@ncdenr.gov) ORIGINAL VIA U.S. MAIL Ms. Georgette Scott N.C. Department Environmental Quality Division of Energy, Minerals and Land Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for Transfer of Stormwater Permit No. SW8 030404 to Sunset South Owners Association, Inc. Our File 021074-00030 Dear Georgette: P: 252.672.5516 F: 252.672.5477 anw@wardandsmith.com rD CEIVE�EC 19 2016 �Ta We represent the Housing Authority of the City of Wilmington, North Carolina ("WHA"). WHA currently is the permittee under Stormwater Permit SW8 030404 ("Permit") for the stormwater pond located on common area property in the Sunset South community that previously was conveyed to Sunset South -Owners Association, Inc. ("Association"). WHA respectfully requests the North Carolina Department of Environmental Quality Division of Energy, Minerals and Land Resources ("DEMLR") to transfer the Permit to the Association. To facilitate the transfer of the Permit, we enclose: • Completed and signed State Stormwater Permit Transfer Request Form; Copy of recorded Deed showing the common areas related to the operation and maintenance of the stormwater management system have been conveyed to the Association; • Documentation showing WHA has conveyed more that 50% of the lots to owners other than WHA; • Copy of recorded Declaration of Covenants, Conditions, Restrictions and Easements; • Copy of Designers' Certification (already on file with DEMLR); and, o Documentation showing the Association is a legal entity. ASHEVILLE GREENVILLE NEW BERN www.wardandsmith.com RALEIGH WILMINGTON WAItDAND SMITH, PA. Ms. Georgette Scott December 15, 2016 Page 2 Please schedule an inspection of the stormwater system at your earliest convenience so that the transfer process can be completed. Please call me with any questions you may have. Yours very truly, Amy P. W ND: 4814-3657-1966, v. 1 Enclosures cc: Ms. Katrina Redmon (via email) Ms. Karen Schraml (via email) _HOUSING f— sad LETTER OF TRANSMITTAL Date 12/16/ 66 To: Georgette Scott From: Karen Schraml Project Name: Sunset South We Transmit: ® Herewith ❑ Under separate cover request For Your: ® Use ❑ Distribution to parties ❑ Signature ❑ Information The Following: ❑ Drawing ❑ Signed Contract ❑ Plans ❑ Change Order ❑ In accordance with your ❑ Records ❑ Revisions ❑ Correspondence ® Other: See Below Qty Original or Coov Description Remarks 1 Original Stormwater Permit Transfer application This was previously emailed to you by Amy ang of Ward & Smith. Copies To: ❑ with enclosures) ❑ with enclosures) Etc' .W DEC I g 2016 ev: CCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director June 13, 2013 Mr. Jeffrey G. Hovis, Chair Wilmington Housing Authority 1524 S.16t" St Wilmington, NC 28401 Subject: Stormwater Permit No. SW8 030404 Permit Extension Sunset South High Density Subdivision Project New Hanover County Dear Mr. Hovis: John E. Skvarla, III Secretary Your permit expiration date has been extended until July 10, 2017. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that was set to expire during this time frame up to three (3) years from its current expiration date. On August 2, 201.0, the Governor signed Session Law 2010-177, which granted an extra year for an extension of up to four (4) years. This permit is subject to the conditions and limitations as specified in the previously issued permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions; procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, i`6quirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit.- You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/orb a details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000" or visit their website at www.N.COAHcom. Unless such demands are made this permit shall be final and binding: If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with the Division of Water Quality in the Wilmington Regional Office at (910) 796-7331. Sincerely, eThas A. eeder, Actin Director 9of Water Quality GDS/kpj: S:1WQS1StormwaterlPermits & Projects120031030404 HD12013 06 permit 030404 cc: Wilmington Regional Office Stormwater File Chad Rivers (via email only: c.Mrs@wha.net) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 612 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 DENR Assistance:1-877-623-6748 Mo Marolina Internet: www•nwuaterauality.org An Equal Opportunity l Aitirmative Action Ernooyer