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HomeMy WebLinkAboutSW8070213_HISTORICAL FILE_20181213STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 01 0213 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS 11 HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE - O1 S I213 YYYYMMDD r� ROY COOPER Got r nor MICHAEL S REGAN seuemei WiLLIAM E (TOBY) VINSON, JR NORTH CAROLINA Interim Dvecmr Environmental Quality December 13, 2018 Brunswick Forest Master Association, LLC Arm Mr Allen Jefferson Earp Vice President 1007 Evangeline Drive Leland NC 28451 Subject Name / Ownership Change State Stormwater Management Permit No SW8 070213 Brunswick Forest Phase 6 Sections 1 & 2 Brunswick County Dear Mr Earp On October 25, 2018, the Division of Energy, Mineral and Land Resources (DEMLR) received a permit Name/Ownership Change Form from Funston Land & Timber LLC for the subject project A file review and site inspection was performed on November 7, 2018 by DEMUR staff and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit 1 he Division is hereby notifying you that permit SW8 070213 has been transferred on December 13 2018 and to remind you that this permit shall be effective until March 7, 2021 For your records, please find enclosed a copy of the updated permit, a copy of the inspection report, a copy of the Operation and Maintenance Agreements, and a copy of the Name/Ownership Change form submitted on October 25 2018 This permit is subject to the conditions and limitations as specified in the updated 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 pennit, will result in future compliance problems If any parts, requirements or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The written petition must conform to Chapter 15013 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 No th Ca ohna Depot tment of En, rronmental Quality I Division ofineigi Mine -al and Latid Resources whrnrnglon Regional Office 1 127 Cardinal or nt Extension I Wilmington Not lh Carolina 28409 kl! Cr1 9r07467215 V State Stormwater Permit\o SW8 070213 Pdge 2 of 2 If you have any questions need additional copies of the permit or approved plans please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7331 Smnce%ely Ji.Wtlliam (Toby) Vinson Jr PE CPESC CPM Interim Director Division of Energy Mineral and Land Resources GDS/kp] \\\Stormwater\Permits & PioJects\2007\070213\2018 12 permit 070213 enc Attachment B, Impervious Area Summary — Table 1 Attachment B Impervious Area Summary — Table 2 Name/Ownership Change Form Operation & Maintenance Agreement, Pond I 1 Operation & Maintenance Agreement, Pond 12 Inspection Report cc Mr Allen Jefferson Earp, Manager, Funston Land &'limber LLC (Outgoing Permatee) 1007 Evangeline Drive, Leland, \C 28405 Mr Adam Grady, PE, Hanover Design 1123 Floral Parkway, Wilmington \ C 28403 Wilmington Regional Office Stormwater rile State Stormwater Management Systems Permit No SW8 070213 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Brunswick Forest Master Association, Inc Brunswick Forest Phase 6 — Sections 1 & 2 Hwy 17, 2 4 miles south of US 74176 intersection, Leland Brunswick County FOR THE construction operation and maintenance of two wet detention ponds in compliance with the provisions of 15A NCAC 2H 1000, effective September 1, 1995 (hereafter referred to as the "stormwaterrules') 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) and considered a part of this permit This permit shall be effective from the date of issuance until March 7, 2021 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 in permit The stormwater controls identified as Pond 11 and 12, have been designed to handle the runoff from the impervious area summarized in Tables B1 and B2 3 Approved plans and specifications for 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 The stormwater runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system 6 Projects covered by this permit will maintain a minimum 30-foot-wide vegetative buffer between all impervious areas and surface waters Page 3 of 11 State Stormwater Management Systems Permit No SW8 070213 7 The following design elements have been permitted for this wet detention pond stormwater facility and must be provided in the system at all times Pond 11 Pond 12 a Drainage Area acres 7 5 20 Onsite, ft2 326 700 871 200 Offsite ft2 None None b Total Impervious Surfaces ft2 163,350 435,600 c Average Pond Depth, feet 6 6 d TSS removal efficiency 90% 90% e Design Storm, inches 1 0 1 0 f Permanent Pool Elevation FMSL 33 30 g Permitted Surface Area @PP ft2 13 000 24 000 In Permitted Storage Volume ft3 34 915 80 450 1 Temporary Storage Elevation FMSL 34 325 l Controlling Orifice 2 "0 2 "0 pipe k Permitted Forebay Volume, ft3 7,200 15 800 1 Fountain Maximum 1/8 HP 1/3 HP m Receiving Stream / River Basin Piney Branch / Cape Fear n Stream Index Number 18-77-3-1 o Classification of Water Body "C, Sw" II SCHEDULE OF COMPLIANCE 1 The stormwater management system shall be constructed in its entirety vegetated and operational for its intended use prior to the construction of any built -upon surface 2 No home owner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division 3 The permrttee 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 The built -upon area may not be revised without approval from the DEMLR, and responsibility for meeting the built -upon area limit 4 If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area Any approvals given by the Board or Committee do not relieve the owner of the responsibility to maintain compliance with the permitted BUA limit Page 4 of 11 State Stormwater Management Systems Permit No SW8 070213 The permittee shall submit to the Director and shall have received approval for revised plans specifications and calculations prior to construction, for any modification to the approved plans including but not limited to those listed below a Any revision to the approved plans regardless of size b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area e Further subdivision acquisition or sale of all or part of the project area The project area is defined as all property owned by the permittee for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought f Filling in altering or piping of any vegetative conveyance shown on the approved plan The Director may determine that other revisions to the project should require a modification to the permit 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 8 Access to the stormwater facilities shall be maintained via appropriate easements at all times 9 During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 10 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 Certification form is included on pages 8 and 9 of this document 11 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 12 Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 13 Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria a The fountain must draw its water from less than 2 foot below the permanent pool surface b Separated units, where the nozzle, pump and intake are connected by tubing may be used only if they draw water from the surface in the deepest part of the pond c The falling water from the fountain must be centered in the pond away from the shoreline d The maximum horsepower for the fountain's pump is based on the permanent pool volume as designated in this permit Page 5 of 11 State Stormwater Management Systems Permit No SW8 070213 14 The stormwater facilities will be inspected by DEMLR personnel, pnor to transfer of the permit The facility must be in compliance with all permit conditions Any items not in compliance must be repaired or replaced to design condition prior to the transfer Records of maintenance activities performed to date will be required 15 Prior to the sale of any lot, the owner must record the following deed restrictions a The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070213 for Brunswick Forest Phase 6 - Sections 1 & 2, as issued by the DEMLR 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, DEMLR e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the DEMLR f The maximum built -upon area per lot is as summarized in Table B1 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 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 h Built -upon area in excess of the permitted amount will require a permit modification i Protects covered by this permit will maintain a minimum 30-foot wide vegetative buffer between all impervious areas and surface waters 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 contain all of the statements above, the signature of the Permittee the deed book number and page and the stamp/signature of the Register of Deeds 17 The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition The approved Operation and Maintenance Plan must be followed in its entirety, 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 re -vegetation 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 h Maintain level spreaders in accordance with approved plans and specifications 18 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 Page 6 of 11 State Stormwater Management Systems Permit No SW8 070213 19 The facilities shall be constructed operated and maintained in accordance with the provisions of this permit, the approved plans and specifications and the supporting documents attached to this permit and on file with the Division 20 The permittee shall submit final site layout and grading plans for any permitted future areas not shown on the approved plans prior to construction 21 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 III GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director In the event there is either a desire for the facilities to change ownership or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the DEMLR accompanied by appropriate documentation from the parties involved This may include but is not limited to a deed of trust recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan The protect must be in good standing with DEMLR The approval of this request will be considered on its merits and may or may not be approved Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the DEMLR, in accordance with North Carolina General Statute 143-215 6A to 143-215 6C 3 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 4 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 5 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 6 Permittee must grant permission to staff of the DEQ to access the property for the purposes of inspecting all components of the permitted stormwater facilities during normal business hours 7 The permittee shall notify the Division of any name ownership or mailing address changes within 30 days 8 Unless specified elsewhere 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 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 10 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 Page 7 of 11 State Stormwater Management Systems Permit No SW8 070213 11 Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21 12 The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate documentation and the processing fee 13 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 accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events a Any ownership change including i The assignment of declarant rights to another individual or entity n 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 in The sale or conveyance of the protect area in whole or in part except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants iv Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07, b Bankruptcy, c Foreclosure, subject to the requirements of Session Law 2013-121, 14 The permittee shall submit a completed Permit Information Update form to the Division at least 30 days prior to making any one or more of the following changes a A name change of the current permittee, b A name change of the protect, c A mailing address change of the permittee, 15 The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request Neither the sale of the protect in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit 16 The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission, however, these actions do not stay any permit conditions Permit transferred and reissued this the 13t' day of December 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION s,Wdlijfn E (Toby) VinsoT, Jr, PE, CPESC CPM, Interim Director Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Page 8 of 11 State Stormwater Management Systems Permit No SW8 070213 Attachment A Certification Page 1 of 2 Brunswick Forest Phase 6 — Sections 1 & 2 Stormwater Permit No SW8 070213 Brunswick County , Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Protect Owner) hereby state that to the best of my abilities due care and diligence was used in the observation of the protect construction such that the construction was observed built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 9 of 11 State Stormwater Management Systems Permit No SW8 070213 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 All roof drains are located such that the runoff is directed into the system 5 The outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans 7 Trash rack is provided on the outlet/bypass structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short-circuiting of the system 11 The permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter 15 The required dimensions of the system are provided per the approved plan 16 The required level spreaders are provided, per the approved plans cc NCDEQ-DEMLR Regional Office Brunswick County Engineering Page 10 of 11 Table Bl SW8 070213 Impervious Area per Lot Section Lot a Permit 3/7/07 Permit 10/23/18 & 12/13/18 (vncnanged) Deed Restrictions Book/Page Total Total Pond 11 Pond 12 Total Impervious 1 381,7801 416,6101 105,000 311,610 Section 1 10 5,200 6,500 6,500 BK 4099, PG 1203 11 5,200 6,500 6,500 BK 4099, PG 1203 12 5,200 6,500 6,500 BK 4099, PG 1203 13 5,200 6,500 6,500 BK 4099, PG 1203 14 5,200 6,500 6,500 BK 4099, PG 1203 15 5,200 6,500 6,500 BK 4099, PG 1203 16 5,2001 6,500 6,500 BK 4099, PG 1203 17 5,200 6,500 6,500 BK 4099, PG 1203 18 5,200 6,500 6,500 BK 4099, PG 1203 19 5,200 6,500 6,500 BK 4099, PG 1203 20 5,200 6,500 6,500 BK 4099, PG 1203 21 5,200 6,500 6,500 jBK 4099, PG 1203 22 5,200 7,000 7,000 BK 4099, PG 1203 23 5,2001 5,200 5,200 BK 4099, PG 1203 24 5,200 6,400 6,400 BK 4099, PG 1203 25 5,200 6,000 6,000 BK 4099, PG 1203 26 5,200 5,200 5,200 BK 4099, PG 1203 27 5,200 5,600 5,600 BK 4099, PG 1203 28 5,200 5,200 5,200 BK 4099, PG 1203 29 5,200 5,200 5,200 BK 4099, PG 1203 30 5,2001 5,200 5,200 BK 4099, PG 1203 31 5,200 5,200 5,200 BK 4099, PG 1203 32 5,200 5,200 5,200 BK 4099, PG 1203 33 5,200 5,200 5,200 BK 4099, PG 1203 34 5,200 5,200 5,200 BK 4099, PG 1203 35 5,200 5,200 5,200 BK 4099, PG 1203 36 5,200 5,200 5,200 BK 4099, PG 1203 37 5,2001 5,200 5,200 BK 4099, PG 1203 38 5,2001 5,200 5,200 BK 4099, PG 1203 39 5,200 5,200 5,200 BK 4099, PG 1203 40 5,200 5,200 5,200 BK 4099, PG 1203 41 5,200 5,200 5,200 BK 4099, PG 1203 42 5,200 5,200 5,200 BK 4099, PG 1203 43 5,200 5,200 5,200 BK 4099, PG 1203 44 5,200 5,200 5,200 BK 4099, PG 1203 45 5,2001 5,200 5,200 BK 4099, PG 1203 46 5,200 5,200 5,200 BK 4099, PG 1203 47 5,200 5,200 5,200 BK 4099, PG 1203 48 5,200 5,300 5,300 BK 4099, PG 1203 49 5,200 7,000 7,000 BK 4099, PG 1203 50 5,200 6,500 6,500 BK 4099, PG 1203 51 5,200 6,500 6,500 BK 4099, PG 1203 Page 1 of 2 Table Bl SW8 070213 Impervious Area per Lot Section Lot # ' Permit 3/7/07 Permit 10/23/18 & 12/13/18 (unchanged) Deed Restrictions Book/Page Total Total I Pond 11 Pond 12 Total Impervious 1 381,7801 416,6101 105,0001 311,610 Section 2 1-60 Townhomes' 163,380 0 0 0- (Townhomes) 1 5,200 5,200 BK 4099, PG 1207 2 4,600 4,600 BK 4099, PG 1207 3 4,600 4,600 BK 4099, PG 1207 4 4,600 4,600 BK 4099, PG 1207 5 4,600 4,600 BK 4099, PG 1207 6 5,200 5,200 BK 4099, PG 1207 7 5,200 5,200 BK 4099, PG 1207 8 4,600 4,600 BK 4099, PG 1207 9 4,600 4,600 BK 4099, PG 1207 10 4,600 4,600 BK 4099, PG 1207 11 4,600 4,600 BK 4099, PG 1207 12 4,600 4,600 BK 4099, PG 1207 17 4,200 4,200 BK 4099, PG 1207 18 4,200 4,200 BK 4099, PG 1207 19 4,200 4,200 BK 4099, PG 1207 20 4,200 4,200 BK 4099, PG 1207 21 4,200 4,200 BK 4099, PG 1207 22 4,200 4,200 BK 4099, PG 1207 23 4,200 4,200 BK 4099, PG 1207 24 4,200 4,200 BK 4099, PG 1207 25 4,200 4,200 BK 4099, PG 1207 26 4,000 4,000 BK 4099, PG 1207 27 4,200 4,200 BK 4099, PG 1207 28 4,200 4,200 BK 4099, PG 1207 29 4,200 4,200 BK 4099, PG 1207 37 2,723 2,723 BK 4099, PG 1207 38 2,200 2,200 BK 4099, PG 1207 39 2,200 2,200 BK 4099, PG 1207 40 2,723 2,723 BK 4099, PG 1207 41 2,723 2,723 BK 4099, PG 1207 42 2,200 2,200 BK 4099, PG 1207 43 2,200 2,200 BK 4099, PG 1207 44 2,723 2,723 BK 4099, PG 1207 45 3,310 3,310 BK 4099, PG 1207 46 3,310 3,310 BK 4099, PG 1207 47 3,310 3,310 BK 4099, PG 1207 48 2,723 2,723 BK 4099, PG 1207 49 2,723 2,723 BK 4099, PG 1207 50 3,310 3,310 BK 4099, PG 1207 51 3,310 3,310 BK 4099, PG 1207 52 1 2,723 2,723 BK 4099, PG 1207 53 2,723 2,723 BK 4099, PG 1207 54 3,310 3,310 BK 4099, PG 1207 55 3,310 3,310 BK 4099, PG 1207 56 2,723 2,723 BK 4099, PG 1207 57 2,7231 2,723 BK 4099, PG 1207 58 3,3101 3,310 BK 4099, PG 1207 12,723sf/Lot on 3/7/07 Page 2 of 2 Table B2 SW8 070213 -Impervious Area Accounting 10/23/18 & 12/13/18(unchanged) Total Pond 11 Pond 12 Permit 3/7/07 (Actual Total)' Permit 3/7/07 (Reported)' Permit 10/23/18 Permit 3/7/07 Permit 10/23/18 Permit 3/7/07 Permit 10/23/18 Total Impervious 598,9801 598,9501 598,950 163,350 163,350 435,600 435,600 Lots' 381,780 381,750 416,610 83,200 105,000 298,550 311,610 Streets 118,737 118,737 118,737 31,026 31,026 87,711 87,711 Sidewalks 44,998 44,998 44,998 11,325 11,325 33,673 33,673 Future 53,465 53,465 18,6051 37,799 1S,9991 15,666 2,606 'The data for the impervious area on lots is from Table 1 2There was an error in the 2007 accounting The "building/lots" data in the table on the application does not equal the total amount deed restricted (It was off by 30sf) It has been corrected DEMLR USE ONLY Date Received Fee Paid Permit Number 101M 112S 0 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H 1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at htto //deg nc gov/contact/regronal-offices After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until 1 the current permittee resolves all non-compliance issues identified in the inspection report, 2 the current permittee negotiates a resolution with the proposed permittee (m writing and signed by both entities The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit ), or 3 in the case where a transfer falls under G S 143-214 7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit Signature requirements for the named signing official (for current and proposed permittee) must meet the following • Corporation - a principal executive officer of at least the level of vice-president, • limited Liability Company (LLC) -the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H 1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee, • Partnership or limited partnership - the general partner, • Sole proprietor, The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable A GENERAL INFORMATION 1 State Stormwater Permit Number SW8 070213 2 Protect name Brunswick Forest Phase 6 — Sections 1 and 2 Residential Is this an updated protect name from the current permit? ❑ Yes H No 3 Reason for the permit transfer request Stormwater Permit Transfer Application Form Page 1 of 7 ECEAVE in OCT 2 5 His BY--------- April 27, 2018 B PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1 Both the current and proposed permittees ❑ 2 Only the current permtttee of a condominium or planned community (skip Part F & G) In accordance with G S 143-214 7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration, ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below), ❑ The stormwater management system is in compliance with the stormwater permit NOTE If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §471F) 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 permtttee (skip Part D below) In accordance with G S 143-214 7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked ❑ a The proposed permtttee is either (select one of the following) ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur, ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity ❑ b The current permtttee is (select at least one of the following, but all that apply) ❑ A natural person who is deceased ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur ❑ A person who has sold the property on which the permitted activity is occurring or will occur ❑ Other (please explain) ❑ c The proposed permtttee agrees to the following requirements (all must be selected) ❑ There will be no substantial change in the permitted activity ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred Stormwater Permit Transfer Application Form Page 2 of 7 April 27 2018 C SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form Please mark W" if previously provided If not applicable or not available, please mark N/A Y 1 A processing fee of five hundred and five dollars ($505 00) per G S 143-215 3D(e)(2) Y 2 Two hard copies (with original signatures) and one electronic copy of this completed form and the required items Y 3 For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina Y 4 If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit Y 5 Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity Y 6 If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans Y 7 A copy of the recorded covenants and deed restrictions, if required by the permit If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants Y 8 If transferring under G S 143-214 7(c2) (i e , Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders) Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable NA 9 If transferring under G S 143-214 7(c5) (i e , Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property NA 10 A copy of the lease agreement if the proposed permittee is the lessee NA 11 A copy of the pending sales agreement if the proposed permittee is the purchaser NA 12 A copy of the development agreement if the proposed permittee is the developer Stormwater Permit Transfer Application Form Page 3 of 7 Apnl 27 2018 D CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email 1 Current Permit Holder's Company Name/Organization Funston Land & Timber, LLC 2 Signing Official's Name Allen Jefferson Earp 3 Signing Official's Title Manager 4 Mailing Address 1007 Evangeline Drive City Leland State NC ZIP 28405 5 Street Address 1007 Evangeline Drive City Leland State NC ZIP 28405 6 Phone (910) 383-1425 Email rrussel(a)brunswickforest com I, Allen Jefferson Earp , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit I have provided a copy of the following documents to the proposed permittee named in this application form (select all that apply) ® the most recent permit, ® the designer's certification for each SCM, ® any recorded deed restrictions, covenants, common areas, drainage easements or plats, ® the approved plans and/or approved as -built plans, ® the approved operation and maintenance agreement, ® past maintenance records from the previous permittee (where required), ® a copy of the most recent inspection report, I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge I attest that I have provided all of the required items per the law to transfer this permit I understand that if all required parts of this request are not co pleted or if all required supporting information and attachments listed above are not included, s re pa ge will be returned as incomplete I assign all rights and obligations as permittee to o p mittee named below I understand that this request to transfer the permit may not be appro d e R unless and until the facility is in compliance with the permit Signature � ," z Date 16- 1 V 1 h S 4, cSll..Mrylt(� , a Notary Public for the State of Cb(4Y1 C 0.;,G tJ a County of PCndt! , do hereby certify that \P x.Gn .�f'fl5or� {?Ovp personally appeared before me this the Z.—I b' day of 20 V3 and acknowledge the due a n�udM, execiVttdli � 1Id ftu�oing instrument Witness my hand and official seal, ,`P M My TjJ^�&Af;04s 21 Stormwater Permit Transfer Application Form Page 4 of 7 April 27 2018 �jj E PROPOSED PERMITTEE INFORMATION 1 The proposed permittee is the ❑ Property owner (Also complete Part F) ® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F) ❑ Lessee - Attach a copy of the lease agreement Both the lessee and the property owner will appear on the permit as co-permlttees 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-permrttees If the development agreement Is terminated, responsibility for the permit reverts to the property owner (Also complete Parts F & G) Proposed permittee name (check one of the following and provide the name) ❑ Corporation, LLC, Partnership, Municipality name ® HOA I POA / UOA name Brunswick Forest Master Association, Inc ❑ Sole Proprietor 3 Proposed permittee contact information Please be sure to provide Email a Signing Official's Name Allen Jefferson Earo b Signing Official's Title Vice -President c Mailing Address 1007 Evangeline Drive City Leland State NC ZIP 28451 d Street Address 1007 Evangeline Drive City Wilmington State NC ZIP 28451 e Phone (910) 383-1425 Email Iearp(&brunswickforest com 4 If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide Please be sure to provide Email a Management Company or Business name CAMS b Contact Name Nicol Kam Title Community Manager c Mailing Address 1174 Turlington Ave Suite 202 d City e Phone (910) 202-3849 Email nkarn(a)camsmgt com NC ZIP 28451 Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F PROPOSED PERMITTEE CERTIFICATION I, Allen Jefferson Earp , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system I acknowledge and attest that I have received a copy of (select all that apply) ® the most recent permit, ® the designer's certification for each SCM, ® any recorded deed restrictions, covenants, common areas, drainage easements or plats, ® the approved plans and/or approved as -built plans, ® the approved operation and maintenance agreement, ® past maintenance records from the previous permittee (where required), ® a copy of the most recent inspection report, ® Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report if checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and c n iti of the permit I will construct the project's built -upon area as shown on the approved plans, and I wil , opera and maintain the approved stormwater management system pursuant to the require is nth ermit and in the operation and maintenance agreement Signature Date r,�12'l il IS I,1 OYU M. EKX4YYVAZn a Notary Public for the State of CO l\A"G County of R'rtCA-V , do hereby certify that NJkC^ ACPf",Qn EO/P personally appeared before me this the 2;'J— day of "u.& , 20_is_, and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, (Notary Seal) SUMMF' AR Notary Signature `� aI i R`y G v My commission expires f'UB%� 2 6n�FR C00,04 Stormwater Permit Transfer Application Form Page 6 of 7 April 27 2018 l i I > G PROPERTY OWNER INFORMATION 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 Company Name/Organization Signing Official's Printed Name Signing Official's Title Mailing Address City Phone ZIP I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21 Signature of the property owner I, , a Notary Public for the State of my hand and official seal, (Notary Seal) Notary Signature My commission expires County of Date do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument Witness Stormwater Permit Transfer Application Form Page 7 of 7 Apnl 27 2018