SW3140903_Permit Transfer_20210928

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
September 28, 2021
Oak Grove Estates Owners Association, Inc.
Attn: Justin Demers, Board President
5127 Oak Grove Place
Waxhaw, NC 28173
Subject: Permit Transfer
State Stormwater Management Permit No. SW3140903
Oak Grove Estates
Union County
Dear Mr. Demers:
On August 4, 2021, the Central DEQ Office received a request to transfer the ownership of the state
stormwater management permit for the subject project.
As indicated on the Permit Transfer Application Form, you have acknowledged receipt of a copy of
the permit (which includes the application and supplement forms), a copy of the certifications, a
copy of the recorded documents, a copy of the approved plans, and a copy of the approved
Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of
the permit, and by signing the Name/Ownership Transfer form and Operation and Maintenance
Agreement, you have accepted the responsibility for complying with the terms and conditions
outlined in this permit. The Division is hereby notifying you that the subject permit has been
transferred on September 28, 2021 and reminding you that this permit shall be effective until
rescinded. A copy of the transferred and updated permit and associated documents are enclosed.
Please note that this transferred, updated, and re -issued permit does not impose new or different
terms; it merely restates and clarifies some of the previous terms to provide you with a better
understanding of your obligations under the permit.
Please be aware that the project's built -upon area and stormwater controls must be built and
maintained in compliance with the permit documents and the approved plans. Maintenance of
the approved system shall be performed in accordance with the signed and approved Operation
and Maintenance agreement. Any modifications to this project must be submitted to DEMLR
and approved prior to construction. The issuance of this approval does not preclude you from
complying with all other applicable statutes, rules, regulations or ordinances, which may have
jurisdiction over the proposed activity, and obtaining a permit or approval prior to
construction.
If any parts, requirements, 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 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 permit shall be final and binding.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA
Uepat nt of enmmnmenmi (J.J; 919.707.9200

If you have any questions, need additional copies of the permit or approved plans, please contact
Corey Anen with DEMLR in the Central DEQ Office at [phone].
Sincerely,
-e�. ^ —
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
cc: William DeForest - Lennar Carolinas, LLC
Aubrey Larkin - Cedar Management Group
Danis E. Simmons, PE - ESP Associates, Inc.
Mooresville Regional Office Stormwater File
D EQ �� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA
oePenmam of enm onmemai aueiN /� 919.707.9200

State Stormwater Management
Permit No. SW3140903
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW 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
Oak Grove Estates Owners Association, Inc.
Oak Grove Estates
4100 Waxhaw-Marvin Road in Waxhaw, Union County
FOR THE
construction, operation and maintenance of a low density development in compliance with the
provisions of 15A NCAC 2H .1000 and S. L. 2006-246 (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 State and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. The overall tract built -upon area percentage for the project must be maintained below 24%, as
required by Session Law 2006-246 of the stormwater rules.
2. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
3. The only runoff conveyance systems allowed will be vegetated conveyances such as swales
with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the
Division.
4. No piping is allowed except that minimum amount necessary to direct runoff beneath an
impervious surface such as a road or to provide access.
5. All roof drains must terminate at least 30 foot from the mean high water mark.
6. The built -upon areas associated with this project shall be located at least 30 feet landward of
all perennial and intermittent streams.
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State Stormwater Management
Permit No. SW3140903
7. All swales shall that discharge into a wetland shall do so at a non -erosive velocity for the 10
year storm.
8. Each builder and/or property owner must have plans for individual lots approved, knowing and
understanding the BUA limit and the prohibition against excessive piping, how to size the
driveway pipe, knowing where the buffer is on that lot, knowing where the drainage easements
are and the expectation to keep existing swales open, and ensuring roof gutters and
impervious surfaces are disconnected to the maximum extent technically feasible.
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon area does not exceed
the allowable built -upon area.
2. 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.
3. This project may not be sold or subdivided in whole or in part without first receiving a permit
modification.
4. The following deed restrictions must be recorded with the Office of the Register of Deeds:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW3140903.
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.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the State.
f. This project may not be sold or subdivided, in whole or in part, without first receiving a
permit modification from the Division.
g. Construction of additional impervious areas such that low -density requirements are no
longer met will require a permit modification prior to construction. An engineered
system will be required to collect and treat the runoff from all built -upon area
associated with the project, including that area permitted under the low density option.
h. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with this development, except for average driveway crossings, is strictly prohibited by
any persons.
The built -upon areas shall be located a minimum of 30 feet landward of all perennial
and intermittent surface waters.
5. A copy of the recorded restrictions must be received in this Office within 30 days of the date
of sale.
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State Stormwater Management
Permit No. SW3140903
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
permitted development, except for average driveway crossings, is strictly prohibited by any
persons.
7. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area in whole or in part. The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the swales
or other vegetated conveyances will be repaired immediately.
9. The permittee shall at all times provide the operation and maintenance necessary to operate
the permitted stormwater management systems at optimum efficiency to include:
a. Inspections.
b. Sediment removal.
c. Mowing, and re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and approval by
the Director. The Director may require modification or revocation and re -issuance of the permit
to change the name and incorporate such other requirements as may be necessary. In the
event of a name or ownership change, a completed Name/Ownership Change form, signed by
both parties, must be submitted to the State accompanied by the supporting documentation as
listed on page 2 of the form. The approval of this request will be considered on its merits, and
may or may not be approved.
2. The permittee is responsible for compliance with all permit conaitions until the Director
approves a transfer of ownership. Neither the sale of the project nor the transfer of common
areas to a third party, such as a homeowner's association, constitutes an approved transfer of
the stormwater permit.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws,
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State Stormwater Management
Permit No. SW3140903
rules, and regulations contained iri Session Law 2006- 246, Title 15A of the North Carolina
Administrative Code, Subchapter 21-1.1000; and North Carolina General Statute 143-215.1 et.
al.
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 the State, such as the construction of additional or replacement stormwater
management systems.
6. The permittee grants permission to DENR Staff to enter the property during normal business
hours for the purpose of inspecting all components of the stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated. The permit
may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and re -issuance, or termination does not stay any permit
condition.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and
Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
10. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state and federal), which have jurisdiction.
11. The permittee shall notify the Division in writing of any name, ownership or mailing address
changes at least 30 days prior to making such changes.
Permit issued this the 28t" day of September, 2021.
NORTH CARO{L�I`NA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW3140903
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