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HomeMy WebLinkAboutSW3140903_Application Form_20210809 (2)Date Received Fee Paid Permit Number STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAQ 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: htto:tldeq.nc.gov/contactrrecrional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee andlor the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report, 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214,7(c2) (see also SL 2011-256), the proposed permittee resolves a// non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: ® Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H. 1040) that shows they have legal authority to sign for the LLC) ® Municipality - a ranking official or duly authorized employee; ® Partnership or limited partnership - the general partner; • Sole proprietor; The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW3140903 2. Project name: Oak Grove Estates - Is this an updated project name from the current permit? R Yes No 1 Reason for the permit transfer request: Developer is transferring common open space management, including BMP maintenance, to the Property Owner's Association. Stormv,vater Perrnit Transfer Noplication Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) 1. Both the current and proposed peond±mms [l 2. Only the current permittee of a condominium or planned community (skip Part F & G). /haccordance with (see also SL2011-258).this type oftransfer /sallowed only when all ofthe following items can betruthfully checked: F� Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the dac|enation� . [] The declarant has conveyed etleast fifty percent (5U96)ofthe units nrlots tnowners other than a declarant (provide documentation per submittal requirements below); The sborrnvvabarmanagement system is in compliance with the atormvvabarpermit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. 3. Only the proposed perrnittee(skip Part Dbo/ow). /naccordance with.(see also GL20/3-Y2f)'this type oftransfer /oallowed only when all ofthe following items can betruthfully checked: Fl a. The proposed pormibeeiseither (select one ofthe /o0owin01: F7 The successor -owner who holds title to the property on which the permitted activity is occurring urwill occur; Fl The successor -owner who is the sole claimant of the right to engage in the permitted M k The cunentpennittee is (select at least one ofthe following, but all that apply): n /\ natural person who isdeceased. El A partnership. Limited Liability Corpnnation, oorponatinn, or any other business association that has been dissolved �l Aperson who has been lawfully and finally divested oftitle tothe property onwhich the permitted activity iaoccurring orwill occur. Fl A person who has au|d the property on which the permitted activity is occurring or will occur. El Other (please explain): Fl c The proposed permittee agrees to the following requirements (all must be selected): �l There will bennsubstantial change inthe permitted activity. �] The permit holder shall comply with all terms and conditions of the permit until such time aethe permit istransferred. �l The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. SiormwaterPexndTnansferApplication Form Page 2oi7 April 27.2O18 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark 'X"Jpreviously provided. Ifnot applicable ornot available, please mark k&4.: y 1. Aprocessing fee offive hundred and five dollars (85O5.UO)per . y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed pernnittee in o legal and viable entity able to conduct business inNorth Carolina. y 4. |fPart 8.Items 1or3ofthis form isselected, the signed and notarized from the proposed permittee,earequired bythe permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage inthe permitted activity. y G. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the sturnnvvmtormanagement system has been inspected and that ithas been built and maintained inaccordance with the approved plans. `f 7. A copy of the recorded covenants and deed raetriutiVna, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum o||ovved total built -upon area has not been exceeded. If the project has not been bui|t, the new owner shall provide asigned agreement tosubmit final recorded deed restrictions and protective covenants. N/A 8. If transferring under <l*.' pe/f£[ Item 2o/this form /000lecbeo0. documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds ofconveyance orochart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under (le.' PadE\ Item 3ufthis form /mne/erbeo). provide legal documentation supporting the dissolution of the corporation ordocumentation supporting the current permitteewas lawfully and finally divested oftitle ofthe property. N/A 1O�Acopy ofthe lease agreement ifthe proposed permitteeinthe lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. 8tonnwaUarPermit Transfer Application Fonn Page 3of7 April 27.2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Nonle/0rganizaUon: 2. Signing Official's Name: William DeForest 3. Signing Official's Title: Land Development Manager 4. Mailing Address: 6701 Carmel Road, Ste. 425 City: p: 28226 5. Street Address: 6701 Carmel Road, Ste. 425 City: p: 28C226 G� Phone (704) : [ the current pennittee.amsubmitting this application for atransfer ofownership for the above listed stonnmmterpermit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/orthestonnvvatersystemassociatedwiththispermit. | have provided acopy ofthe following documents to the proposed permittee named in this application form: (select all that apply) F1 the most recent permit; the designer's oertificobnnforeaohSCW1; any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; F-1 the approved operation and maintenance agreement; past maintenance records from the previous perrnibee(where n*quirod); �7 acopy ofthe most recent inspection report; | further attest that this application and request for apermit transfer ieaccurate and complete tnthe best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. |understond that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package willb td as incomplete I i U rights and obligations as permittee to the pr sed permittee named below. I understand that this request to transfer the permit may not b --approve h DBVILR unless and until the facility is in compliance with the permit. a Notary Public for the State of ' �� � ount of dohereby certify \_O�_s personally appeared before me and acknowledge the due Vt%O execut* rg 1 ftstrument. Witness my hand and official seal, Nota /u`»^»p'My commission expires �5 q— | SNrmwaterPennhTransfer AppUcadonForm Page 4of7 8ph{27.2O18 E. PROPOSED PERMIT TEE INFORMATION 1. The proposed permittee is the: Fj Property owner (Also complete Part F.) Horne Owners Association (HOA), Property Owners Association (POA)j or Unit Owner Association (UOA) (Also complete Part F.) F] Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: HOA / POA / UOA name: Oak Grove Estates Owners Association, Inc. F] Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Justin Demers b. Signing Official's Title: Board President c. Mailing Address: 5127 Oak Grove Place City: Waxhaw State: NC ZIP: 28173 Street Address: same City: State: ZIP: Phone: (704) 277-2363 Email: justincwhoa@gmaii.com 4. If there is a Management Entity that manages the property for an HOA, PDA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: Cedar Management Group b. Contact Name: Aubry Larkin Title: Area Manager c. Mailing Address: 9500 Statesville Road d. City: Charlotte State: NC ZIP: 28269 e. Phone: 757-848-7569 Email: alarkin(a)mycmq.com Stormwaier Permit Transler Application Fort-ri ppCe ��f 7 0 AL01 27, Z 18 F. PROPOSED PERMITTEE CERTIFICATION 1, Justin Demers, on behalf of Oak Grove Estates Owners Association, Inc. , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I liave- received 'a c"`lJ'«bf that apply): Z the most recent permit; Z the designer's certification for each SCK8; Z any recorded deed restrictions, covenants, common areas, drainage easements or plats; Z the approved plans and/or approved as -built plans; Z the approved operation and maintenance agreement; F-1 past maintenance records from the previous pernoittee(where naquired); F-1 acopy ofthe most recent inspection report; [� Check here if the proposed pernittemagrees to1mthe entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt ofthe transferred permit. This written "plan o[action and schedule" must be received by the Division before the Division will transfer the permit. | have reviewed the it, approved plans and other documents listed above, and | acknowledge that |will approved plans; and I will {construc , perate and maintain the approved stormwater management system pursuant to the rT-quirement li i ermit and in the operation and maintenance agreement. Signature: Date: �ka�lOIL) L-2livi a Notary Public for the S l late of County ion �do hereby certify that J b(_5-Hrl T_:�& WUU--�S Notary -...' / Mycommission expires StonrmvaterPennUTransfer Application Form Page 8of7 April 27.2O10 G. PROPERTY OWNER{NFORK8ATiON AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. CompanyName/Organization: Signing Official's Printed Name: Justin Demers Signing Official's Title: Board President Mailing Address: City: Waxhaw State: p: 28173 | , Justin Demers on behalf of Oak Grove Estates Owners Association, Inc , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. bagree tonotify DEKALRwithin 30days if there are any changes to the purchase,developer orlease agreements and will submit the applicable completedand signed Pennit!nfonnoUonUpdoteFonn.orPennitTronsfer Application Form toaddress these changes. As the legal property owner, | ocknow|edge, undenatand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual urentity found tobein,liance withth i i of the bo bo management permit or the stormwaler_, n as set forth in NC General Statute Signature of the property owner T, a Notary Public for the State of County 1,4-AJI)n —,do hereby certify that V1_ personally appeared before me this the day of "prid acknowledge the due execution of the forgoing instrument. Witness Alp my hand and official dear, (Notary Seal) LIC Notary Signature J01.1 My commission expires SkonnsaterPermit Transfer Application Form Page 7cif 7 Aph|27.2O18