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HomeMy WebLinkAboutSW8070226_HISTORICAL FILE_20190218STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 n1 p22\o DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ZO\ct 02l8 YYYYMMDD ROY COOPER Go MiCHAEL S REGAN S cmta y S DANIEL SMITH Int nm Dre to February 18 2019 NORTH CAROLINA Environmental Quality Cypress Grove Partners L1 C Attn I homas J Rawl Manager 2030 Eastwood Road Suite 5 Wilmington NC 28403 Sublect Permit Iransfer State Stormwater Management Permit No SW8 070226 Cypress Grove Townhomes Pender County Dear Mr Rawl On July 30 2018 the Division of Energy Mineral and Land Resources (DEMLR) received a Permit Transfer Application I orm for the subject project with final information received on February 18 2019 A modified permit was issued on July 10 2018 to the previous permit holder Cypress Coex LLC but has not been constructed therefore the site is currently in compliance with the terms and conditions of the subject state stormwater management permit By signing the Permit Transfer Application Form you have accepted the responsibility for complying with the terms and conditions outlined in this permit The Division is hereby notifying you that permit SW8 070226 has been transferred on February 18 2019 and to remind you that this permit shall be effective from the date of issuance until March 16 2021 For your records please find enclosed the following documents an updated and transferred permit the previously approved wet pond supplement form the O&M agreement and the Permit Transfer Application Form Please keep the approved plans and all permit documents on file with your other important records This permit is subject to the conditions and limitations as specified in the attached 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 changing ownership transferring the permit and renewing the permit I ailure 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 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 I learings (OAH) Fhe 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 If you have any questions need additional copies of the permit or approved plans please contact Linda i ewis with DFMLR in the Wilmington Regional Office at (910) 796 7215 Sinrely -,, s �L �` Daniel Smith [ntenm Director Division of Energy Mineral and Land Resources GDS/arl G \\\Stormwater\Permits & Projects\2007\070226 HD\2019 02 permit 070226 cc Jimmy Ellington Cypress Coex I LC 3205 Randall Pkwy Suite 107 Wit NC 28403 Michael Gallant PF Pender County Planning Department Wilmington Regional Office Stormwater File N th Ca oh D p rim t of E o m t IQ ai ty I D of E rgy M neral d Land R s Wlmi gton Reg I Off 1127 C di al D I e E to s on I W Im gt N th Ca II a 28405 9107967215 onmwo State Stormwater Management Permit No SW8 070226 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 Cypress Grove Partners LLC Cypress Grove Townhomes Peanut Road & Pansy Lane Hampstead Pender County FOR THE construction operation and maintenance of one (1) wet detention pond ( stormwater control measures or SCMs ) in compliance with the provisions of Title 15A NCAC 2H 1000 effective January 1 2017 (the stormwater rules ) and the approved stormwater management plans application supplement specifications and other supporting data (the approved plans and specifications ) as attached and/or on file with and approved by the Division of Energy Mineral and Land Resources (the Division or DEMLR ) and considered an enforceable part of this permit This permit shall be effective from the date of issuance until March 16 2021 and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS This permit is effective only with respect to the management and volume of stormwater described in the approved plans and specifications The maximum amount of built upon area (BUA) allowed for the entire project is 297 035 square feet Of this amount 149 301 sf is attributed to outparcel development and 147 734 sf is attributed to onsite townhome development 2 The drainage area for the on site stormwater system will be limited to the amount of built upon area indicated in this permit and the approved plans and specifications The runoff from all built upon area within the permitted drainage area of this project must be directed into the permitted stormwater control measure The stormwater control measure has been designed using the runoff treatment method to handle the runoff from 297 035 square feet of impervious area This permit does not provide any allocation of built upon area for future development Each of the three outparcel lots permitted to drain to this system are limited to a maximum amount of built upon area as indicated in Attachment B of this permit and as indicated in the approved plans and specifications 4 Each commercial outparcel whose ownership is not retained by the permittee shall submit a separate off site stormwater permit application to the Division and receive approval prior to construction Prior to the discharge of stormwater runoff from any outparcel into the approved stormwater system the permittee shall ensure that the owner of the outparcel has obtained the separate off site stormwater management permit Page 1 of 5 State Stormwater Management Permit No SW8 070226 A 50 foot wide vegetative setback must be provided and maintained adjacent to all surface waters measured horizontally from the normal pool elevation of impounded structures from the top of bank of each side of streams or rivers and from the mean high waterline of tidal waters perpendicular to the shoreline in accordance with the stormwater rules and the approved plans and specifications The stormwater control measure is permitted based on the design criteria presented in the sealed signed and dated supplement and as shown in the approved plans and specifications This stormwater control measure must be provided and maintained at the design condition The approved supplement is incorporated by reference into this permit The peak flow from the 10 year storm event shall not cause erosion downslope of the stormwater outlet discharge point Decorative spray fountains will be allowed in the stormwater treatment system if documentation is provided to DEMLR demonstrating that the proposed fountain will not cause resuspension of sediment within the pond or cause erosion of the pond side slopes When using a wet pond for irrigation it is recommended that some water be maintained in the permanent pool the vegetated shelf is planted with appropriate species that can handle fluctuating conditions and human health issues are addressed 10 The SCM landscape planting plan in the approved plans shall be followed in its entirety during construction After the plants are established the operation and maintenance agreement must be followed II SCHEDULE OF COMPLIANCE 1 The protect and SCM shall be constructed operated and maintained in accordance with the conditions of this permit and the approved plans and specifications 2 The on site stormwater system shall be entirely constructed vegetated and operational prior to the construction of any individual lot development within the drainage area per the approved plans and specifications 3 During construction erosion shall be kept to a minimum and any eroded areas of the on site stormwater system will be repaired immediately If the stormwater system is 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 4 All stormwater control measures stormwater collection systems vegetated conveyance systems and/or maintenance accesses must be located in public rights of way dedicated common areas that extend to the nearest public right of way and/or permanent recorded easements that extend to the nearest public right of way for the purpose of inspection operation maintenance and repair 5 The permittee shall provide and perform the operation and maintenance necessary as listed in the signed Operation and Maintenance Agreement to assure that all components of the permitted on site stormwater system functions at the approved design condition The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals 6 The operation and maintenance agreement must be recorded with the Office of the Register of Deeds 7 Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division The records will indicate the date activity name of person performing the work and what actions were taken 8 The final plats for the project must be recorded with the Office of the Register of Deeds The recorded plat must reference the Operation and Maintenance Agreement and must also show all public rights of way dedicated common areas and/or permanent drainage easements in accordance with the approved plans Page 2 of 5 State Stormwater Management Permit No SW8 070226 Prior to the sale of any outparcel covered by this permit the permittee shall record the built upon area limits as specified in Attachment B to this permit The BUA may not be traded increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division 10 The permittee shall monitor the project and each outparcel to ensure continued compliance with the conditions of the permit and the approved plans and specifications 11 The permittee is responsible for verifying that the proposed built upon area for the entire project does not exceed the maximum allowed by this permit 12 Upon completion of the project the permittee shall determine whether or not the project is in compliance with the permitted plans and take the necessary following actions a If the permittee determines that the project is in compliance with the permitted plans then within 45 days of completion the permittee shall submit to the Division one hard copy and one electronic copy of the following i The completed and signed Designers Certification provided in Attachment A noting any deviations from the approved plans and specifications Deviations may require approval from the Division u A copy of the recorded maintenance agreement ni Unless already provided a copy of the recorded deed restrictions and protective covenants and IV A copy of the recorded plat delineating the public rights of way dedicated common areas and/or permanent recorded easements when applicable b If the permittee determines that the project is not in compliance with the permitted plans the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action with a timeline to bring the site into compliance 13 No person or entity including the permittee shall alter any component shown in the approved plans and specifications Prior to the construction of any modification to the approved plans the permittee shall submit to the Director and shall have received approval for modified plans specifications and calculations including but not limited to those listed below a Any modification to the approved plans and specifications regardless of size including the stormwater control measures built upon area details etc b Redesign or addition to the approved amount of built upon area or to the drainage area c Further development subdivision acquisition lease or sale of any all or part of the project area as reported in the approved plans and specifications d Altering modifying removing relocating redirecting regrading or resizing of any component of the approved stormwater control measure stormwater collection system and/or vegetative conveyance system shown on the approved plan e The construction of any allocated future BUA f The construction of any #57 stone area permeable pavement or landscape material for BUA credit that was not included in the approved plans and specifications g Any other modification as determined by the Director 14 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made 15 Prior to transfer of the permit a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on site stormwater system complies with the permit conditions Any items not in compliance must be repaired replaced restored or resolved prior to the transfer Records of maintenance activities performed to date may be requested III GENERAL CONDITIONS 1 Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21 Page 3 of 5 State Stormwater Management Permit No SW8 070226 2 The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place as required by any statutes rules regulations or ordinances which may be imposed by any other Local State or Federal government agency having jurisdiction Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143 215 1 and subject to enforcement procedures pursuant to NCGS 143 215 6 3 If the facilities fail to perform satisfactorily the permittee shall take immediate corrective actions This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on site stormwater systems These additional or replacement measures shall receive a permit from the Division prior to construction 4 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 State Stormwater Request Form for Permit Transfer or Permit Information Update accompanied by the 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 u The sale or conveyance of the common areas to a Homeowners or Property Owners Association subject to the requirements of Session Law 2011 256 ui 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 and protective covenants IV Dissolution of the partnership or corporate entity subject to NCGS 57D 2 01(e) and NCGS 57D 6 07 b Bankruptcy c Foreclosure subject to the requirements of Session Law 2013 121 d A name change of the current permittee e A name change of the project f A mailing address change of the permittee 5 The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request Neither the sale of the project in whole or in part nor the conveyance of common area to a third party constitutes an approved transfer of the permit 6 The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project 7 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 8 Approved plans application documents supplements calculations operation and maintenance agreement and specifications for this project are incorporated by reference and are enforceable parts of the permit A copy of this permit application supplements operation and maintenance agreement and approved plans and specifications shall be maintained on file by the permittee 9 Unless specified elsewhere permanent seeding requirements for the on site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 10 The issuance of this permit does not prohibit the Director from reopening and modifying the permit revoking and reissuing the permit or terminating the permit for cause as allowed by the laws rules and regulations contained in Title 15A NCAC 2H 1000 and NCGS 143 215 1 et al 11 A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate application documentation and the processing fee as outlined in Title 15A NCAC 02H 1045(3) Page 4 of 5 State Stormwater Management Permit No SW8 070226 Permit transferred and reissued this the 18'" day of February 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -j—�S Daniel S ith Interim Director Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 070226 Page 5 of 5 State Stormwater Management Permit No SW8 070226 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this protect • As Built Permittee Certification As Built Designers Certification General MDC • As Built Designers Certification for Wet Detention Pond Protect A separate certification is required for each SCM These blank certification forms may be copied and used as needed for each SCM and/or as a partial certification to address a section or phase of the project Page 1 of 1 State Stormwater Management Permit No SW8 070226 Attachment B Built upon Area Allocations Master Permit Number SW8 070226 Lot # from Master Permit Offsite Permit # Date Issued Offsite Project Name Allocated BUA Proposed BUA 1 61870 2 SW8110213 6/17/2011 McDonalds 49417 45131 3 38014 Page 1 of 1 II_ ` r ro —_ `— "UtMLK UbL UNLY Date Received Fee Paid Permit Number W - gal S U //v 56U G eZ Co 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 http 1/deg nc gov/contactIreoional 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 the current permittee resolves all non compliance Issues identified in the inspection report 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(tes) 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 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 2 Project name rTZ�L-,P o-7v22& Is this an updated project name from the current permit9 XYes ❑ No Reason for the permit transfer request E4. E9U6 E JUL 3 0 2018 $Y Stormwater Permit Transfer Application Form Page 1 of 7 April 21 2017 q B �P.�EfRSON(S) WHO HAVE SIGNED THIS FORM Q9 1 Both the current and proposed permittees /❑ 2 Only the current permittee/declarant 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 §47F) have been met by the Declarant for the subdivision If the Declarant chooses to use this type of transfer the determination must be in writing signed by the attorney and submitted to DEMLR with this form ❑ 3 Only the proposed permittee (skip Part D below) In accordance with G S 143 214 7(c5) (see also SL 2013 121) this type of transfer is allowed only when all of the following items can be truthfully checked ❑ a The proposed permittee is either (select one of the following) ❑ The successor owner who holds title to the property on which the permitted activity is occurring or will occur ❑ The successor owner who is the sole claimant of the right to engage in the permitted activity ❑ b The current permittee is (select all at least one of the following) ❑ A natural person who is deceased ❑ A partnership Limited Liability Corporation corporation or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur ❑ A person who has sold the property on which the permitted activity is occurring or will occur ❑ Other (please explain) ❑ c The proposed permittee agrees to the following requirements (all must be selected) ❑ There will be no substantial change in the permitted activity ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred ❑ The successor owner shall comply with all terms and conditions of the permit once the permit has been transferred CC EI `i/ E JUL 302018 sv Stormwater Permit Transfer Application Form Page 2 of 7 Apnl 20 2017 C SUBMITTAL REQUIREMENTS Please mark Y to confirm the items are included with this form Please mark X If previously provided If not applicable or not available please mark N/A 1 A processing fee of five hundred and five dollars ($505 00) per G S 143 215 3D(e)(2) 2 Two hard copies (with original signatures) and one electronic copy of this completed form and the / required items t 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 4 The signed and notarized applicable operation and maintenance agreement(s) from the proposed L permittee as required by the permit 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 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 OL 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 N8 If transferring under G S 143 214 7(c2) (see also SL 2011 256) documentation verifying that 50 A 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 9 If transferring under G S 143 214 7(c5) (see also SL 2013 121) 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 10 A copy of the lease agreement if the proposed permittee is the lessee U 11 A copy of the pending sales agreement if the proposed permittee is the purchaser 12 A copy of the development agreement if the proposed permittee is the developer rJIOEIVE UL302018 BY Stormwater Permit Transfer Application Form Page 3 of 7 Apnl 20 2017 6 ��/� 0,v2vi led �07 D CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email 1 Current Permit Holder's Company Name/Organization a.<-, .v rP .e 0,0 e-� L L G 2 Signing Officials Name — /. 3 Signing Officials Title /iLom bo /h a n In a & r- 4 MaitingAddress 3.Ro._lL ZRa r✓a City ([.� /m qi,�Ay State A10 ZIP ��it73 5 Street Address S n insa City State ZIP 6 Phone `1io Email t, m 7 - i ve lthe current permittee am submitting this application for a transfer of o ershlp for a aboisted 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 designers certification for each SCM ❑ any recorded deed restrictions covenants common areas drainage easements or p ofCO�� ❑ the approved plans and/or approved as -built plans vrE El the approved operation and maintenance agreement JUL 3 0 2018 ❑ past maintenance records from the previous permittee (where required) ❑ a copy of the most recent inspection report BY _------ I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge I attest that I have provided all of the required items per the law to transfer this permit I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not includ )-h request package will be returned as incomplete I assign all rights and obligations as permitte o th roposed perrnittee named below I understand that this request to transfer the permit may notes y the DBOLR un essand until the facility is in compliance with the permit Signature that this the 15""`- da of Date a Notary Public for the State of County of % N-a � d e r do hereby certify execution of the forgoing instrument Witness my hand and official seal (Notary Seal) Notary Signature My commission expires personally appeared before me 201&�'- and acknowledge the due NANCO , P C% Notary Public Ponder County ���rri�lh CA Stormwater Permit Transfer Application Form Page 4 of 7 Apnl 27 2018 E PROPOSED PERMITTEE INFORMATION TThh proposed permittee is the L✓J Property owner (skip Part G) ❑ Home Owners Association (HOA) Property Owners Association (PDA) or Unit Owner Association (UOA) (skip Part G) ❑ Lessee (Attach a copy of the lease agreement Both the lessee and the property owner will appear on the permit as co permtttees If the lease is terminated responsibility for the permit reverts to the property owner) ❑ 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) ❑ 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) sed permittee name (check one of the following and provide the name) 1 corporation LLC Partnership Municipality name Cy�we55 �a�c�14",t5 CLC ❑ HOA I POA I UOA name ❑ Sole Proprietor 3 Proposed permittee contact information a Signing Officials Name b Signing Official s Title c Mathpg Address City d Street Address it LLCX-D l?-9 5c, I' ZIP City State ZIP _ e Phone Email r2wIgCDz5f2/homRco Ccii„ 4 If there is a Management Entity that manages the property for an HOA POA or UOA please provide a Management Company or Business name b Contact Name c Mailing Address d City _ e Phone ( 1 Email Title ZIP E0F_0VE JUL 3 0 2018 BY------ Stormwater Permit Transfer Application Form Page 5 of 7 Apn1 20 2017 1 F PROPOSED PERMITTEE CERTIFICATION I —TC1SAa% S t<w �� 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 conditions of the permit I will construct the projects built upon area as shown on the approved plans and I will {construct) operate and maintain the approved stormwater management system pursuant to the requirements listed In the permit and in the operation and maintenance agreement Signature %'7 �o. Date I a Notary Public for the State of /jo ra, County of NQ t o 4o. vtv r?. - do hereby certify that 1 kC fAR 5 J- 4P, personally appeared before me this the ;)oP-kd day of f0a rc 1— 20 1? and acknowledge the due execution of the forgoing instrument Witness my hand and official seal (Notary Seal) Notary Signature My commission expires \0%�1O21 ibj yfy'. ogQnd ��° oy MeN N ;G q��iO f a N 17...p��� F (`EIqYUL302018 Stormwater Permit Transfer Application Form Page 6 of 7 Apn120 2017 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 A the purchase agreement development agreement or lease expires or is terminated Company Name/Organization Signing Officials Printed Name Signing Official s Title _ Mailing Address 903 City WMn n Phone 0,,*-) ZIP /6� s"C,3 I Z 2 hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Attachment B 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 parry 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 � Date I l: ( vta(M flor le- a Notary Public for the State of No fk rcl i A A- County of NO to flW rlrl ✓-P r do hereby certify that :Z!rNy!S S PAW I personally appeared before me this the �o2� day of OAO, re), 20and acknowledge the due execution of the forgoing instrument Witness my hand and official seal (Notary Seal) Notary Signature My commission expires Stormwater Permit Transfer Application Form Page 7 of 7 April 20 2017 LIMITED LIABILITY COMPANY ANNUAL REPORT 12 17 NAME OF LIMITED LIABILITY COMPANY LLC SECRETARY OF STATE ID NUMBER 1670891 STATE OF FORMATION NC REPORT FOR THE CALENDAR YEAR 2019 w INE SECTION A REGISTERED AGENTS INFORMATION ■ 1 NAME OF REGISTERED AGENT Robbie B Parker 2 SIGNATURE OF THE NEW REGISTERED AGENT 3 REGISTERED OFFICE STREET ADDRESS & COUNTY 3414 Wrightsville Avenue Wilmington NC 28403 New Hanover SECTION B PRINCIPAL OFFICE INFORMATION 1 DESCRIPTION OF NATURE OF BUSINESS 2 PRINCIPAL OFFICE PHONE NUMBER ,5c(/?a7a zz6-7 W 2 007011 ECEI E FEB 18 2019 SIGNATURE CONSTITUTES CONSEM TO THE APPOINTMENT 4 REGISTERED OFFICE MAILING ADDRESS 2030 Eastwood Road Suite S Wilmington NC 28403 New Hanover 3 PRINCIPAL OFFICE EMAIL 4 PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5 PRINCIPAL OFFICE MAILING ADDRESS 6 Select one of the following if applicable (Optional see instructions) The company is a veteran owned small business El The company is a service disabled veteran owned small business SECTION C COMPANY OFFICIALS (Enter additional company officials in Section E ) NAME Thomas J Rawl NAME TITLE Manager TITLE ADDRESS 2030 Eastwood Road Suites ADDRESS Wilmington NC28403 NAME TITLE ADDRESS SECTION D CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity SIGNATURE DATE F rrn m St be g ad by C mpany ON 1211 tW a S 9 C f Th s fwm P t Type N m f Compa y off. I Pri I Typ Tile f C mpa y orr I SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 MAIL TO Sea I ry f Stat B R g st 1 0 P t Off So 29525 R I gh NC 17b16-0525 State of North Carohna Department of the Seeretary of Stale Limited Liability Comp my AMENDMENT OF ARTICLES OF ORCANIZATIOIS Pursuint to C57D 2 22 of the General Statutes of North Carolina the undersigned limrtcd liability company herebv submits the followu, Nrucles of Amendment for the purpose of amendml, its Articles of Organization 1 he name of the limited liability companv is Cypress Grove Partners The text of cach amendment adopted is as follows (attach additional pages if necessary) Change of Registered Mailing Address From PO Box 4548 Wilmington NC 28406 TO 2030 Eastwood Road Suite 5 Wilmington NC 28403 (Cheek either a or b whichever is applicable) A 1:1 The amendment(s) was (were) duly adopted by the majority vote of the organizers of the limit d liability companv prior to the identification of moral members of the limited habiht� companv B ZThe amendment(%) was (were) duly adopted by the umvnmous vote of the members ofthi, lunrtcd Imbiht) compvty or was (were) adopted as otherwise provided in the limited liability company s Articles of Organization or a written operating agreement rhese articles will be effective upon filing unless a date and/or time is specified 17t6 Februar 19 1 his the day ofFebruary 20 Cypress Grove Partners LLC Name of Linulcd I mhi6//ltiy C wnp mr, Signawre �s l Rau-) Ada d � r (,ompany Official Type r r Print Name and T'l NOTI S I filing fee is S50 This document must be filed with the Secretary of State BUSINESS RrGISI RATION DIVISION 1 O BOX 29622 R V LIGH NC 27626 0622 (Revised lid} 2017) (I'arni L I i) Instructions for Fdmg LIMI fED LIABILITY COMPANY AMENDMENT OF ARTICLES OF ORGANIZATION (Form L 17) Item I Fitter the complete company name exactly as it appeals in the records of thL secretdp of State Item 2 1 nter the text of the proposed amendment(s) Item 3 Select the method of adoption of tilt, proposed amendment(s) by LheLAmi, either item \ or B as applicable SeL N C C S $57D 2 22(b) Item 4 the document will be effective on the date and time of filing unless a delayed late or an effecu%e time (on tilt, day of film is Speedied If a delaved date is specified without a time it will be effective at 11 59 p in Raleigh North Cirolma time on the dly specified If a delayed effective date is specified with a time the deLumem will be effective on file day and at the time specified A deln)ed effecu%e date inn bt specified up to and including the 90ei day nRer thL time of filing Date and Execution Filter the dale thL document was enLcuted In the blanks provided enter The name of the limited habiht} company as it appeirs in Item I 1 he signature of the representative of the limited liability company executinE the document the name and hilt, oftht above sn,nLd represent rune BUSINESS REGISTRA710N DIVISION P O BOX 29622 RALFIGH NC 27(26 0622 (Rei iced Jedi 2017) (F'oi m L l7) Lewis Linda From Lewis Linda Sent Tuesday September 11 2018 3 00 PM To Jordy Rawl Subject FW SW8 070226 Cypress Grove Townhomes Sorry to bother you again but I also notice that the mailing address you provided (2030 Eastwood Road Suite 5 Wilmington) on the transfer application is not reflected on the NCSOS filing for this LLC The registered agent mailing address listed on the NCSOS Articles of Incorporation is PO Box 4548 Wilmington If this permit is to be issued to an LLC the LLC s mailing address on the application must match up with the NCSOS filings However only the registered agent mailing address is provided You can either file paperwork with the NCSOS to provide a current mailing address for the designated Manager or you can change the mailing address on the transfer application to the registered agent mailing address If after the permit is issued the registered agent resigns or is changed you will need to notify the Division of that change by filing a Permit Information Update form to include a copy of the NCSOS filing to reflect that change Linda From Lewis Linda Sent Tuesday September 11 2018 2 44 PM To Jordy Rawl <jrawl@coastalhomeco com> Subject SW8 070226 Cypress Grove Townhomes Mr Rawl I am reviewing the transfer application for this project and wanted to make sure of something Is this project already built or will you be developing it? I ask only because If it Is undeveloped I can go ahead and issue the transfer without an inspection which will save time 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 IewisCc)ncdenr 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 SOSID 1670891 Date I ilcd 2/23/2018 2 24 00 PM ,State of North Cal alma 1 lame I Marshall Depai tment of the Sec7 etaYy of State Soren Carolina Secretary of State C2018 052 01901 Limited Liabiht} Company ARl fCT F4 OF ORGA2QZA11ON Pursuant to §s7D 2 20 of the General Statutes of Vorth Carolina the undersigned does heiebv submit these Articles of Organization for the purpose of foaming a limited hability company Cypress Grove Partners LLC 1 I he name of the limited liability company is (See Item I of the ingtmannis tot appi opi rate enuq des gna ton) 2 1 he name and address of each person executing these articles of organization is as follows (State whether each person is executing these articles of organization in the capacrh of member organizer or both b} checking all applicable boxes ) loll, This document most be signed by all persons listed Name BUSIn(ss Address Capacity Robbie B Parker PO Box 4548 Wilmington NC 28406 ❑Member DOigamzea ❑`lembei ❑Organizer ❑Member ❑Otgamzea Robbie B Parker 3 fhe name of the antral i egisteted agent is r ct—, �1 4 The sheet adds ess and count} of the initial tegisteied agent office of the landed liability company is 3414 Wrightsville Avenue \umber and Sneet Wilmington City 28403 New Hanover State IBC /ip Code Countv 5 The trading address ifdiffeientfiomthesheetaddiegs of the initial registered agent office is PO Box 4548 Number and Street Wilmington City 28406 New Hanover State NC /ip Code County 6 Piincipal office infotma4on (Selecteithei a or b ) a ❑ The limited hability company has a principal office I he pi nicipal office telephone numbei The meet address and county of the principal office of the limited Lability companv i, Number and Street City State Zip Code County BUSINESS REGISTRA MIN DIVISIOA P O BOX 29622 Raleigh \C 27626 0622 (Rem i ed Augual 2017) Fonii L 01 l The nmmlin, adds ess if dtffucnt from the sit cot address of the pi mcdpal office of the company is Number and Sticet Ctq State /tp Code County b ❑✓ The limited habihty company does not have a pimcipal office 7 Any other provisions w hich the hooted liability company elects to mcludL (e L the purpose of the entity) ate attached 8 (Optional) I istmg of Company Officials (See amstiuctions on the importance of listing the wnipaov officals in the cieationdocument _ Name Title Business Address IPrnng Rcdnctron 9 (Optional) Please provide a business e mvl addles The Secretary of State s Office will a mail the business dutorridtic,illy at the a i ess ptovd eta move at no cost when a document is filed Thee mad provided will not be miewable on the website For more information on why this service is offeted please see the mstiuetions forthn document 10 These articles will be effective upon filing unless a future date is specified Fills is the 21 day of February 2018 Signatude Robbie B Parker Organizer I ype of Print Name and Titl I he below space, to be used if mow them one organize of un.mbci is hstLd in Item #2 above Sion itme 1 vpe and Pi int Name and 1 itke Ty pt, and Pi int Name and 7 ille NOTE I I ding fee is $125 fins document must be filed with tilt, SGUet uy of State BUSINI SS RFGIS I RA710N DIVISION P O BOX 29622 (Rei wecl d ugust 2017) Raleigh NC 27626 0622 1winL01 Lewis Linda From Lewis Linda Sent Monday July 30 2018 449 PM To Jimmy@ellingtenind com Cc Jordy Rawl Michael Gallant Subject Acknowledgment of Receipt of SW Application SW8 070226 of The Wilmington Regional Office of the Division of Energy Mineral and Land Resources received the subject Stormwater Management Permit Transfer application and $505 00 fee (Check #1102) on July 30 2018 The protect has been assigned to Linda Lewis for review You will be notified if additional Information is required Please be advised that the construction of built upon area may not commence until the Stormwater Permit Is issued 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 lewis(a)ncdenr gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington NC 28405 Nz- -`-'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 Application Completeness Review Checklist Object Name r, _ _ G/p� ��u l �„ Date Delivered to WIRO trt D 1Z( E 17 BIMS Received/Accepted Date 7-e:)1V, Project County/Location *BIMS Acknowledged Date Rule(s) 02017 Coastal ®zoos Coastal 1:11995 Coastal ®Phase II ®Universal 1:31988 Coastal Permit Action New / Major Mod / Minor Mod / Renewal Transfer New Permit # HD Permit Typ LD / LD Overall / HD &LD Combo xistmg Permit Lv General Permit / Offsae / Exempt / Rescission c5'I ❑P ert on Fde�� 7G SCM Type(s) Offsite to SW8 Master PE Cert on File? Development Type Commercia Residenti / Other Subdivided divisio or Single Lot For New or Tra red Permits Permittee is Stream Class Property Owner(s) ODeveloper Lessee ❑Purchaser ❑HOA 1:JSA Map ❑ORW Map Paperwork Emaded Engineer on -7, -50— ZU/ 5' �Supplement(s) (1 original per BMP) with correct/original signatures (1 original per BMP except LS/VFS and pplicat on with correct/original signatures swales) Email Address Design Engineer orp or LLC Sig Auth per SoS or Signature Authorization letter or report $SOS (within 6mo) Check#(s) /102 MNo Fee Soils Report w/SHWT or General Report mail Address Property Owner F deed Email Address Lessee Calculations (signed/sealed) Lease Agreement Deed Restrictions if subdivided Email Address Purchaser ❑**Signed & Notarized Template Purchase Agreement Correct Template (Comm/Res & HD/LD) or Dec Covenants & Rest Email Address Developer ❑Recorded Covenants ❑Email Address HOA Representative Recorded Plats E-150/ or more Lots Sold List ❑Project Narrative 19 MUSGS Map Plans Q2 Sets Wetlands Delineated or No Wetlands Vicinity Map Project Boundaries Legend Layout (proposed BUA dimensions) F'-1DA Maps Details (roads cul de sacs curbs sidewalks BMPs Buildings etc) Existing Conditions Landscape Plan Grading FIE Seal NOTES TO REVIEWER Enter BIMS Acknowledged Date on this Sheet FOR NEW Projects Enter New Permit # on Supplements & Deed Restiction Templates o2oZ26, �r[ 110213 G WQ\\\Reference Library\Procedures\Check) sts\Completeness Rev ew Checklist_2018 03 13 Michael C Gallant PE PA Eng nee ng / Consult ng / Des gn NC F rm C 1989 At F rm CA 4338 - E NC Reg No 25572 At Reg No 32178 Storm Water Permitting NCDENR DEMLR WiRO 127 Cardinal Drive Wilmington NC 28403 Attn Christine Hall Re Cypress Grove Townhomes Dear Christine Please find the attached submittal package for the review of the above referenced project you have any questions please feel free to call me at 910 448 1046 The package includes in duplicate the following • Two checks one for the express permit fee for $4000 00 and one for the permit transfer application for $505 00 • An executed application • An executed 0 and M agreement • A wet detention pond supplement Supporting calculations for the wet detention basin The project plans • A brief Narrative for the project • The property deed • NOAA Data for the site • USGS Quad Map with the site marked • NC Secretary of State information for the applicant and the property owner Si ce ely Mike Gallant PE gallantmc@yahoo corn tel 910 448 1046 Is O Box 4039 Surf City NC 28445 34 "D<<L� 4zoIje6 Etl E VE JUL 1 0 2018 BY ECEOVE JUL i 0 2018 BY JUN 2018 pY File an Annual Report/Amend an Annual Report Upload a PDF Filing Order a Document Online Add Entity to My Email Notification List View Filings Print an Amended a Annual Report form Print a Pre Populated Annual Report form Limited Liability Company Legal Name Cypress Grove Partners LLC Information Sosld 1670891 Status Current Active Annual Report Status Current Citizenship Domestic Date Formed 2/23/2018 Fiscal Month January Registered Agent Parker Robbie B Addresses Reg Office 3414 Wrightsville Avenue Wilmington NC 28403 Company Officials Reg Mailing PO Box 4548 Wilmington NC 28406 All LLCs are managed by their managers pursuant to N C G S 57D 3 20 ECIEWE JUL 302018 BY _ [S1GNA1 URE PAGF FOR CYPRESS GROVE PARTNERS LLC) IN WITNESS WHEREOF, the partte s hereto have hereunto set their reSpeetrve hands seals as of the day and) ^ar first abo\ e ymttcn MEMBFRS DHOMAS NFI SON b LLC Member v �Z A (.,FAL) By c 11 Sue 1 urner Manager BY �l�`-�/� �— fS1;ALi G Todd Turner Manager IABASNIGIIT LLC Member By _(SEAL) Thomas J Raw�ag r DANIEL J W�LDOI\� Member 1) It AL) Q� (S RRtC CE MOORE Member COMPANY CYPRESS GROVE PARTNERS Li C BY �:�2�w,e Jord} Ram I Manager G Todd Turner Manaa CEIo®YYE JUL 3 0 2018 ,_ BY---- i III 111111111111111110111I Doc No 20035922 Recorded 04/2512018 02 21 24 PM Fee Amt S26 00 Page 1 of 4 Excise Tax S2 200 00 Pander County North Carolina Sharon Lear Willoughby Register of Deeds aK 4663 Pc 1193 1196141 SPECIAL WARRANTY DEED Prepared by MURCHISON TAYLOR & GIBSON PLLC 16 North Ftfth Avenue Wilmington NC 28401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO FXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPFRTY 3zBZi-$00-UasI0-0000 NORTH CAROLINA PARCEL 3a$� $$ �3$q ooW 0 co PENDFR COUNTY REVENUE STAMPS $ Z2 . THIS SPECIAL WARRANTY DEED, made this 7 S day of AM 1 2019 by and between CYPRESS COEX, LLC a North Carolina hnuted liability company with a matting address of 3205 Randall Parkway Suite 107 Wilmington NC 28403 2565 (herein called Grantor ) and CYPRESS GROVE PARTNERS, LLC a North Carolina limited liability company with a mailing address of 2030 Eastwood Road Ste 5 Wilmington NC 28405 (herein called Grantee ) WITNi SSETH NOW THEREFORE, the Grantor for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hand paid by the Grantee the receipt whereof is hereby acknowledged has bargained and sold and by these presents does hereby bargain sell and convey unto Grantee his heirs and assigns forever in fee simple all of that certain real property located in Pender County North Carolina and being more particularly descnbed in Exhibit A attached hereto and incorporated herein by reference SUBJECT TO (i) all easements rights of way agreements restrictions and other matters of record if any (it) ad valorem taxes for current and subsequent years (fit) any liens for municipal or county betterments or the like (iv) all governmental land use statutes ordinances and tegulattons including coning subdivision and building regulations EE LAW FIRM PLLC WILMINGTON NC 28406 193919 JUL 3 0 2018 BY �- 4. fn ak 46M P91194 , TO HAVE AND TO HOLD the above granted and described property together with all and singular the rights privileges easements tenements and appurtenances thereunto belonging or in anywise appertaining unto the said Grantee his heir and assigns in fee simple forever And the Grantor covenants with the Grantee that Grantor has done nothing to impair such title as Grantor received and Grantor will warrant and defend the title against the lawful claims of all persons claiming by under or through Grantor subject to those matters otherwise described herein Pursuant to N C G S §105 317 2 none of the property herein described includes the primary residence of the Grantor 193919 [Execution page follows] FCEBV9 JUL 302010 By --- Bk 4M Pg 1195 IN TESTIMONY WIERFOF the said Grantor has caused this instrument to be executed the day and year first above written CYPRFSS COEX LLC a North Carolina limited I iabdity Company BY ` )" A NAME Daniel H DuVal I I S Manager STATE OF VIRGINIA COUNTY OF FAIRFAX (County where acknowledgment taken) I certify that the following person(s) personally appeared before me this day each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(tes) indicated above N �1 [NOTE Insert the name of the party executing document not their title] 1 Date o aO old Official Signature of Notary , vs AA rapp�ars on seal] Printed Name of Notary e� � �,� a [As name appears on seal] My commission expires o [OFFICIAL SEAL] MEHRNOUSH RADNIA Notary Public Commonwealth of Virginia Registration No 7694371 My Commission Expires May 31 2020 IECEIVE JUL 3 0 2010 BY 193919 ak 4M Pg 1196 EXHIBIT A Laying and being in lopsail Township Pender County North Carolina and more particularly described as follows BEING all of Tract 2 contammg 10 00 Acres and shown on a Recombination plat for owners Jimmy W Ellington Jr and James W & Geraldine D Nelson Jr by Talbot Land Surveying P C recorded in Map Book 42 Page 67 of the Pender County Registry reference to which plat is hereby made for a more complete description * ECEI WJ E JUL 302018 RY 193919 Bk 4M Pg 1195 IN TESTIMONY WHERFOF the said Grantor has caused this instrument to be executed the day and year first above written CYPRESS COEX, LLC a North Carolina Innited Liability Company BY `,> V W NAME Daniel H DOW Ifs Manager STATE OF VIRGINIA COUNTY OF FAIRFAX (County where acknowledgment taken) I certify that the following person(s) personally appeared before me this day each acknowledging to me that he or she voluntarily signed the foreggmg document for the purposes stated therein and in the capacity(ies) indicated above 'p0.r\wi }} s�l [NOTE Insert the name of the party executing document not their title] Date [OFFICIAL SEAL] MEHRNOU' RADNIA No Public Commonwealth of Vugima Regrslration No 7694371 L Commission Ezplres May 31 2020 193919 Official Signature of Notary)Qq,W ' � fAsna}me son seal] Printed Name of Notary 4� a [As name appears on seal] My commission expires o 5 _ 31 - -1.vao E"VE JUL 3020111 BY ------