HomeMy WebLinkAboutSW8170207_Current Permit_20200319ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Aching Director
March 19, 2020
Avendale Phase 4 HOA, Inc.
Attn: Katlin A. Laverdure, President
52 Maxwell Drive
Rocky Point, NC 28457
NORTH CAROLINA
Env&wwwnkd Quality
Subject: Permit Transfer under N.C.G.S. 143-214.7(c2)
And Minor Modification for
State Stormwater Management Permit No. SW8 170207
Avendale Phase 4 — Low Density
Pender County
Dear Ms. Laverdure:
Please reference the details for the minor modification and transfer of the subject permit for Avendale
Phase 4.
Minor Modification
On February 24, 2020, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources received and accepted a complete minor modification application for changes to the approved
plans for Stormwater Management Permit Number SW8 170207. It has been determined that the nature
of the proposed change meets the definition of a minor modification in that it does not result in an
increase in the size of the permitted stormwater control measure (SCM) and does not increase the amount
of built -upon area.
The following minor modifications are included and covered by this permit:
• A 15" conveyance pipe behind lots 46 — 51 has been removed and replaced with a 3:1
conveyance swale.
We are forwarding you an approved copy of the modified plans for your files. Please replace the old
approved plan sheet(s) with the new one(s). Please replace the previously issued permit with the updated,
transferred permit, dated March 19, 2020, attached. This revised permit does not impose new or different
terms; it merely restates some of the previous terms to provide you with a better understanding of your
obligations under the permit.
Please be aware that all terms and conditions of the permit issued on March 14, 2017, as modified per the
attached, shall remain in full force and effect. Please also understand that the approval of this minor
modification to the subject State Stormwater Permit is done on a case -by -case basis. Any other changes
to this project must be approved through this Office prior to construction. The approval of this minor
modification does not preclude the permittee from complying with all other applicable statutes, rules,
regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit
or approval prior to construction.
Transfer of Permit
On November 7, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) received a request from Avendale Development, LLC to transfer the permit to a unit
owners association, owners association, or other management entity identified in the condominium or
planned community's declaration pursuant to 15A NCAC 02K 1045(1)(b) and N.C.G.S. 143-214.7(c2).
On March 4, 2020, the Wilmington Regional Office of DEMLR accepted a complete transfer application
from Avendale Development, LLC. DEMLR staff performed a file review and site inspection on January
14, 2020 and a follow-up inspection on February 28, 2020; 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, with the exception of minor maintenance for which we have received a Plan of Action from the
current permittee.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office I t27 Cardinal Drive Extension I Wilmington. North Carolina 26405
NaarH cxaounw
o.�martcnr�mra.�► 910.7%.7215
State Stormwater Permit No. SW8 170207
Page 2 of 2
The current permittee has attested that the requirements ofN.C.G.S. 143-214.7(c2) have been met,
including:
1. The "declarant" of the covenants meets the definition of a declarant as set forth in Chapter 47F,
the Planned Community Act.
2. The permittee has submitted a completed and signed Permit Transfer Application Form;
3. The permittee has submitted a copy of the recorded deed conveying any common areas to the
Association;
4. A determination by the Division that the project is in compliance with the permit as documented
by the enclosed compliant inspection report. Documents provided by the permittee that the
Division used to make the determination of compliance include:
a. A copy of the designer's certification for any permitted SCMs;
b. A copy of the recorded deed restrictions and covenants that includes: the project's state
stormwater permit number, permitted stormwater restrictions and requirements, and BUA
allocations for each lot;
c. Verification that the permitted maximum built -upon area per lot has not been exceeded;
d. A copy of the recorded subdivision plat documenting the number of lots and the locations
of all required drainage and maintenance access easements as depicted on the approved
plans;
e. Verification that more than 50% of the lots have been conveyed to owners other than a
declarant.
The Division is hereby notifying you that the requirements of N.C.G.S. 143-214.7(c2) have been met and
that the subject permit has been transferred on March 19, 2020 and to remind you that this permit shall be
effective until rescinded. For your records, please find enclosed a copy of the updated permit, a copy of
the inspection report, and a copy of the Permit Transfer Request Form. Please keep this cover letter and
updated permit on file at all times. Please note that this transferred, updated, and re -issued permit does
not impose new or different terms; it merely restates and clarifies some of the previous terms to provide
you with a better understanding of your obligations under the permit.
The project is subject to the conditions and limitations as specified in the updated and transferred
permit. Failure to comply with these requirements will result in future compliance problems. Please note
that this permit is not transferable except after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and
must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH
with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process
at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their
website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any questions, need additional copies of the permit or plans, please contact Steve Pusey in the
Wilmington Regional Office, at (910) 796-7215 or steven.pusey@ncdenr.gov.
Sincerely,
9�.�„�.i,
3 Brian Wrenn, ng Director
Division of Energy, Mineral and Land Resources
Enclosures: copy of Permit
copy of the Permit Transfer Application Form
copy of the Minor Modification form
copy of the latest inspection report
copy of Plan of Action
copy of the signed Operation & Maintenance Agreement (in LD Supplement)
copy of Approved Plans
DES/sgp: \\\Stormwater\Permits & Projects\2017\170207 LD\2020 03 permit 170207
cc: J.W. Fussell, Manager, Avendale Development, LLC
David L. Menus, PE — Stroud Engineering, PA
Wilmington Regional Office Stormwater File
State Stormwater Management Systems
Permit No. SW8 170207
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION DEVELOPMENT WITH A CURB OUTLET SWALE SYSTEM
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
Avendale Phase 4 HOA, Inc.
Avendale Phase 4
4000 block of NC 210 west of Hampstead, Pender County
FOR THE
construction, operation and maintenance of a 24% low density subdivision project with a curb outlet
swale system in compliance with the provisions of Session Law 2006-211 and Title 15A NCAC 2H
.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management
plans and specifications, and other supporting data as attached and on file with and approved by the
Division of Energy, Mineral and Land Resources (hereafter referred to as the "Division" or "DEMLR")
and considered an enforceable part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
The overall tract built -upon area percentage for the project must be maintained at 24% per the
requirements of the stormwater rules. This permit covers the construction of a total of 403,712
square feet of built -upon area (BUA), which includes 333,462 square feet of proposed BUA,
and 70,250 square feet of future BUA allocation.
2. Each of the 60 lots is limited to a maximum of 4,000 square feet of built -upon area, as
indicated on the application and supplement and as shown on the approved plans.
3. This project proposes a curb outlet system. Each designated curb outlet swale or 100'
vegetated area shown on the approved plan must be maintained at a minimum of 100' long,
maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry
the flow from a 10-year, 24-hour storm in a non -erosive manner, and maintain a dense
vegetated cover.
4. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches,
must be vegetated with side slopes no steeper than 3:1 (H:V).
5. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath
an impervious surface such as a road or under driveways to provide access.
Page 1 of 5
State Stormwater Management Systems
Permit No. SW8 170207
6. The project shall provide and maintain a minimum 50-foot wide vegetative buffer adjacent all
surface waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the mean high
water line of tidal waters. All runoff directed into and through the vegetative buffer must flow
through the buffer in a diffuse manner. Roof drains must terminate at the outer edge of the
buffer.
7. Stormwater runoff that is directed to flow through any wetlands shall flow into and through
these wetlands at a non -erosive velocity.
II. SCHEDULE OF COMPLIANCE
1. No person or entity, including the permittee, shall alter any component shown in the approved
stormwater management system, or fill in, alter, or pipe any drainage feature (such as swales)
shown on the approved plans, except for minimum driveway crossings, unless and until the
permittee submits a modification to the permit and receives approval from the Division.
2. The maximum built -upon area assigned to each lot via this permit and the recorded deed
restrictions may not be 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.
3. The permittee shall review each lot for new construction and all subsequent modifications and
additions, for compliance with the requirements of the permit. The plans reviewed must include
all proposed built -upon area, grading, and driveway pipe placement. The permittee may
establish an Architectural Review Board (ARB) or Committee (ARC) to review new and
modified lot development plans for compliance with the Covenants and Restrictions, including
the BUA limit. However, any approval given by the ARB or ARC on behalf of the permittee
does not relieve the permittee of the responsibility to maintain compliance with the overall
permitted built -upon area for the project.
4. The permittee is responsible for verifying that the proposed built -upon area on each individual
lot, and for the entire project, does not exceed the maximum allowed by this permit. The
permittee shall routinely monitor the lots and where a lot is determined to have exceeded the
permitted maximum BUA, the permittee shall notify the lot owner of such in writing and shall
require remediation within a reasonable time frame to bring the lot into compliance.
5. Curb outlet swales, swales, vegetated areas and other vegetated conveyances shall be
constructed in their entirety, vegetated, and operational for their intended use prior to the
construction of any built -upon surface, per the approved plans.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the swales
or other vegetated conveyances will be repaired immediately.
7. The permittee shall, at all times, provide and perform the operation and maintenance
necessary as listed in the signed Operation and Maintenance Agreement, such that the
permitted curb outlet swales and stormwater management system functions at the design
condition.
8. The following deed restrictions and protective covenants related to stormwater management
have been recorded in Book 4675 on Pages 2337 - 2350 with the Pender County Register of
Deeds, are incorporated by reference, and must be maintained in perpetuity:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number 170207, as issued by the Division of Energy,
Mineral and Land Resources 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 Division.
Page 2 of 5
State Stormwater Management Systems
Permit No. SW8 170207
e Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
f. The maximum built -upon area per lot is 4,000 square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina, driveways, and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is prohibited by
any persons.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area
associated with the development is prohibited by any persons.
i. A 50-foot wide buffer must be provided adjacent to surface waters, measured horizontally
from and perpendicular to the normal pool of impounded structures, the top of bank of
both sides of streams and rivers, and the mean high waterline of tidal waters.
j. All roof drains shall terminate at least 50' from the normal pool of impounded structures,
the banks of rivers and streams and the Mean High Waterline of tidal waters.
k. Each designated curb outlet swale or 100' vegetated area shown on the approved plan
must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter,
have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a
non -erosive manner, maintain a dense vegetated cover, and be located in either a
dedicated common area or a recorded drainage easement.
I. 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 N.C.G.S. 143, Article 21.
9. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date
of recording.
10. 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. For changes to the project or
SCM that impact the certifications, a new or updated certification(s), as applicable, will be
required and a copy must be submitted to the appropriate DEQ regional office upon
completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable
surface. The request may require a proposed amendment to the deed restrictions and
protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in the
approved plans and specifications.
h. Other modifications as determined by the Director.
11. All stormwater conveyances will be located in either public rights -of -way, dedicated common
areas or drainage easements. The final plats for the project will be recorded showing all such
required rights -of -way, common areas and easements, in accordance with the approved plans.
12. The permittee must certify in writing that the project's stormwater controls, and impervious
surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification. The
permittee shall submit the Certification to the Division within 30 days of completion of the
project.
Page 3 of 5
State Stormwater Management Systems
Permit No. SW8 170207
13. 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.
14. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
III. GENERAL CONDITIONS
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 project, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the
stormwater permit.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. Current Permittee Name or Address Changes: The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
4. Permit Transfer: This permit is not transferable to any person or entity except after notice to
and approval by the Director. The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) 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. 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;
b. The assignment or conveyance of declarant rights to another individual or entity;
c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121;
5. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, or rescission; however, these actions do not stay
any permit conditions.
6. 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 of the North Carolina Administrative Code,
Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
7. The issuance of this permit does not preclude the Permittee from complying with and obtaining
any and all other permits or approvals that are required in order 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.
8. 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.
Page 4 of 5
State Stormwater Management Systems
Permit No. SW8 170207
9. Approved plans, application, supplements, operation & maintenance agreements and
specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit. A copy of this permit, application, supplements, the operation
and maintenance agreements, and the approved plans and specifications shall be maintained
on file by the Permittee at all times.
10. The Permittee grants permission to DEMLR Stuff to enter the property during normal business
hours for the purposes of inspecting the stormwater control system and its components.
11. Unless specified elsewhere, permanent seeding requirements for the swales must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and
Design Manual.
Permit modified, updated, transferred, and reissued this the 191h day of March, 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
----------------- ------------- -- -------------------
Brian Wrenn, c ing irector
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5
Compliance Inspection Report
Permit: SW8170207 Effective:03/14117 Expiration:
Project: Avendale Phase 4
Owner: Avendale Development LLC
County: Pender
Region: Wilmington
Adress: 4000 Block Of NC 210
City/State/Zip: Hampstead NC 28443
Contact Person: John W Fussell Title:
Directions to Project:
From Hampstead, take NC 210 west approx. 5 miles site on right before the Harrisons Creek bridge.
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 - (Harrisons Creek) (03-06-23 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8060352 Avendale HOA Inc Avendale
Inspection Date: 02/28/2020 Entry Time: 10:30AM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stonmwater
Facility Status: Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: 910-270-1725
Exit Time: 11:30AM
Phone:
Inspection Type: Compliance Evaluation
page:
Permit: SWO170207 Owner - Project: Avendale Development LLC
Inspection Date: 02/28/2020 Inspection Type Compliance Evaluation Reason for Visit:
Follow-up
Inspection Summary:
This development meets the minimum requirements for compliance with the permit.
Bypass swale #9 has erosion on both sides in the area adjacent the construction of new houses, behind lots.
We have
a plan of action by Avendale Development, Inc. to mow, repair and reseed areas of concern in this swale, which
is part of
a DOT ditch. This will be completed as the houses and yards are finished or before.
File Review
Yes
Nn NA NF
Is the permit active?
0
❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
❑
❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? N ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑
Are the inlets located per the approved plans? N ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment. -
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? E ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Bypass swale #9 has erosion on both sides in the area adjacent the construction of new houses, behind
lots. We have a plan of action by Avendale Development. Inc. to mow, repair and reseed areas of
concern in this swale, which is part of a DOT ditch. This will be completed as the houses and yards are
finished or before.
page: 2
L3h K Vbt UNLY
bate R ved.
Fee Paid
Permit Number
71
$ 50529—
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NC DEQ Division of Energy, Mineral and Land Resources
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TRANSFER
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://deq.nc.pov/contactlregional-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 (in writing and signed by both
entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the
timelines to correct the deficiencies. The site must either be found in compliance or a copy of the
negotiated resolution must be submitted prior to the transfer of the permit.); or
3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed
permittee resolves 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 designates' 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 I FO RIMA-77014
1. State Stormwater Permit Number: SW8 170207
2. Project name: Avendale Phase 4
Is this an updated project name from the current permit? ❑ Yes ® No
3. Reason for the permit transfer request:
Project is complete. Transferring from original permittee to HOA.
ECEIVE,
N R 0 4 2920
a
BY-
Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018
B. ?ERM.N.1(3) WHO i-3AVE iGN,.- D THIS FC RNI (select only one response below)
® 1. Both the current and proposed permittees
❑ 2. Only the current permittee 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 Declaranfs 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 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 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.
MAR 0 4 20Z0 2019
BY: z
BY:
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018
C. SUSNIIHITAL
Please mark "Y" to confirm the items are included with this form. Please mark ")C 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. 143-215.313(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.
X 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.
NA 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.
14A.R 0 k 2020 a
BY:
E rY.,
Gov 7 �y 1
�v.
Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018
D. CURRENT PERMIT TEE INFORMATION A.N.D CERTiFiCATiOl11 Please be sure to provide Email.
1.
Current Permit Holder's Company Name/Organization:
Avendale Development,
LLC
2.
Signing Official's Name: J.W. Fussell
3.
Signing Official's Title: Manager
4.
Mailing Address: 4345 Bvthal Hill Circle
City: Wilmington
State: NC
ZIP: 28409
5.
Street Address: 4345 Bvthal Hill Circle
City: Wilmington
State: NC
ZIP: 28409
6.
Phone: (910) 617-9073
Email: iwfusse1148QgmaiI.com
I, J.W. Fussell , 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;
[+many recorded deed restrictions, covenants, common areas, drainage easements or plats;
E�rthe approved plans and/or approved as -built plans;
[r a approved operation and maintenance agreement;
[V.a
ast maintenance records from the previous permittee (where required);
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 completed or if all required supporting information and attachments
listed above are not included, this request package will be returned as incomplete I assign all rights and
obligations as permittee to the prop ed ittee name .below. I understand that this request to transfer the
permit may not be approv by DE L nless a until the facility is in compliance with the permit.
F!!Signature: Date: �— r ��d l of
I, 64 4A iir;� 7 . &)_. z kz , a Notary Public for the State of
Me-774 j: ,Agni TWA , County of Me-l62 A4,joLK_A . , do hereby certify
that d Lk) • Akf;YEU _ personally appeared before me
this the 9 7 day of S-i5pre I&OeA , 20 9—, and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
E S
Notary Signature: 4P
=z �®TAa �=
My commission expires /I 114 b 9 Pue oC.
LPE E.
N0 7 2019 l
MAR 0 4 202J `
BY—
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018
S. PROPOSED ?I:1RMr i T 11=-E NN'FORMA T ION
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 permittees. If the lease is terminated, responsibility for the permit reverts to the property
owner. (Also complete Parts F & G.)
❑ Purchaser - Attach a copy of the pending sales agreement The permit will require submission of a copy
of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the
permit reverts to the property owner. (Also complete Parts F & G.)
❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner
will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for
the permit reverts to the property owner. (Also complete Parts F & G.)
2. Proposed permittee name (check one of the following and provide the name):
I
Corporation, LLC, Partnership, Municipality name:
HOA / POA / UOA name: Avendele ' 'GA. Ins.--
Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Katlin A. Laverdure
b. Signing Official's Title: President, Avendale Phase 4 HOA. Inc.
c. Mailing Address: 52 Maxwell Qewt- yv
City: Rocky Point State: NC ZIP: 28457
d. Street Address: 52 Maxwells -Dri V i_
City: Rocky Point State: NC ZIP: 28457
e. Phone: 9( 10) 795-9480 Email: kaadams92@yahoo.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 narne:
b. Contact Name:
Title:
c. Mailing Address:
d. City: State: ZIP:
e. Phone: (_) Email:
BY:
Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018
F. PROPOSED PERMIT TEE CERTIF ICA.TION
I, Katlin A. Laverdure , 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 sy stem. I ackrim-dedge and attest that I have recei%edl a cop, of: (sc!oct all that apply):
E the most recent permit;
❑ the designer's certification for each SCM;
2'any recorded deed restrictions, covenants, common areas, drainage easements or plats;
[]rthe 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: rvwvy �iii�C.fi'-�. i 1 t�Sa�i��, Date:
I, A A i I IV�(� , a Notary Public for the State of O.VD l I YIG ,
County of , do hereby certify th t 1-- Vear-d IA re
personally appeared before me this the YYI loe r , 20_j_!I, and
acknowledge the due execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
My commission e
14AR 0 4 I� F
BY:
A'C
e 16
` p T A RY �0WCWMEWM
Qy
8LtG
V = '
N[tI! 7 Mg
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018
C. PROPERT V OWMER 10 OIRMATiON AND CERTiFICA T I N!
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: State: ZIP:
Phone: Email:
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. 1
understand that any individual or entity Tbund to be in noncompliance with the provisions or 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:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the day of
,20 , and acknowledge the due execution of the forgoing instrument. Witness
my hand and official seal,
(Notary Seal)
Notary Signature
My commission expires
E9��:.
PEAR 0 4 201"J
B`
EG�El Oq.
I
NOV 2019
Y
Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018
4345 BVMWI +ZU QfC&
(910) Of7-5090
March 3, 2020
i COEQ
127 Cardinal Drive Et
Wilmington, NC 28406
ia: A+enda3e Phase 4 ?wWer Counbj
Permit # S B 170207
Transfer Appillcadon
Subjec-t Somata #0
Attn: SWvs Pub+
We hereby advise you that it is our itt to mow, repair w} reseed the areas of
concern iT swtuate #g, which is also part of the DOT clinch. 71ils MI ba complVed as the
houses and yards that back up to swaje #9 are wed or before.
Sinceurs
i
L}EWLR U$E ONLY
Date eceiv d
Fee Paid
Permit Number
170 2 p
STOWffiA!ATER PERIVITTIMG I=ORI1 7:
MINOR R-1100IFIC T ION
Standard Permitting Program — No Fee for Minor Modification
Express Permitting Program — See Express Fee Schedule
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:lldeo.nc.govlcontactlrepional-offices.
This form is to only to be used by the current permittee to notify the Division of a minor
modification. Pursuant to Rule 15A NCAC 02H .1002. a minor modification is a change to the project that
1) does not increase the net built -upon area; and/or
2) does not change the size or design of the SCM(s).
A. GENERAL INFORPV'IATION
1. State Stormwater Permit Number: SW8 170207
2. Current Permit Holder's Company Name/Organization: Avendale Development, LLC
3. Signing Official's Name: J.W. Fussell
4. Signing Official's Title: Manager
5. Mailing Address: 4345 Bvthal Hill Circle
City: Wilmington _ State: hIC ZIP: 28409
6. Street Address (if different):
City: State: ZIP:
7. Phone: (910) 617-5096 Email: iwfusse1148(a)-gmail. com
8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section 1V.10 of the original application, if needed):
A 15" conveyance pipe behind lots 46-51 has been removed and replaced with a 3:1 swale
B. SI.IBMI T Ti AL 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.:
Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form.
Y 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the
originally approved plan sheets).
X 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants OR the proposed recorded deed restrictions and protective covenants documenting
the changes and a signed agreement to provide the final recorded document.
X 4. If applicable, the appropriate Express review fee.
IV
Stormwater Permit Form 7: Minor Modification Page 1 of 2 BY: July 14, 2017
C. CONTACT INFORMATIUM
1. The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name: David L. Menius P.E.
Consulting Firm: Stroud Engineering, P.A.
Mailing Address:102-D Cinema Drive
Ciiy: VViimington State: NC Zip: 28403
Phone: (910) 815-0775 Fax: ( )
Email:: I men iusO-stroudengineer. com
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name & Title:
Organization: _
Mailing Address:
City:
State:
Phone: ( ) Fax:
Email:
O. CERTIFICATION OF PERMIT T EE
Zip:
I. __J.W. Fussell, Manager Avendale Development LLC , the current permittee, certify that I have
authorized the minor modifications li d in Section A and shown in the attached revised plan sheets. I further attest
that this information is acc rate a omplete to t of my knowledge.
Signature:
1 n n a Notary Public for the State of
Lq�
County of _ on, do hereby certify that 7• W , [ (
personally appeared before me this the l day of 20—U, and
acknowledge the due execution of the forgoing instrument. Witness my han and official seal,
(Notary Seal)
-A( -ZQ�
Notary Signature
My commission expires
ALYSSA WYNN
NotarY Public, North Carolina
onslow County
MY (A1 11iss10r, En, Tres
ECEIVE
FEB 2 4 20M
BY.
Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6, 2017
Permit No. ���! V:Zew'
(to be provided by DEMLR)
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in Session Law 2008-211, 15A NCAC 211.1000, Session Law 2006-246 and the State of North Carolina
Stormwater Best Management Practice Manual. Curb and gutter systems are allowed provided they meet the
requirements in 15A NCAC 2H .1008(g).
I. PROJECT INFORMATION
Project Name : Avendale Phase 4
Contact Person: David L. Menius, P.E. Phone Number: ( 910 ) 815-0775
Number of Lots: 60 Allowable Built Upon Area (BUA) Per Lot*: 4,000
Number of Dwelling Units Per Acre**:_
Low Density Development (check one): ❑ without curb & gutter ® with curb & gutter, outlets to (check one):
® Swales ❑ Vegetated Area
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot.
The attachment must include the project name, phase, page numbers and provide area subtotals and totals. BUA shall be
shown in units of square feet.
**(Phase II Post -Construction [non-SAI only)
II. BUILT UPON AREA
Refer to DEMLR's forms and applications website for specific language that must be recorded in the deed
restrictions for all subdivided projects. (http://-,ortal.nedenr.org/vveb; lr/state-stormwater-forms docs)
Complete the following calculation in the space provided below where: sh
0— E N�E
• SA Site Area - the total project area above Mean High Water.
• DF Density Factor - the appropriate percent built upon area divided by 100. JAN 10 2017
• RA Road Area - the total impervious surface occupied by roadways. BY.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. of Lots - the total number of lots in the subdivision.
• BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
• Total allowable lot BUA - the computed allowable built upon area for all lots combined.
• Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non -uniform lots.
Form SW401-Low Density-Rev.3-2/10/03 Page 1 of 4
'Calculation:
For uniform lot sizes:
(SA: 1,682,134 ft2 x DF: 0.24) - (RA: 93,462 f 2) - (OA: 70,250 ft2) = BUA per Lot = 4,000 ft2
(No of Lots: 60)
For non -uniform lot sizes:
a. (SA: ft2 x DF: ) - (RA: ft2) - (OA: ft`) = Total allowable lot BUA = ft2
b. Total BUA from lot listing: sf. b must be < a
III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual or at
http://hdsc.nws.noaa.gov/hdsc/pfds/
Table 1. Swale design information based on the 10-_year storm.
Swale No.
Drainage
Area (ac)
Impervious
Area (ac)
Grassed
Area (ac)
C
Q
(cfs)
Slope
(%
Vanow
(fps)
Va,�a
(fps)
Flow
Depth (ft)
1
0.65
0.33
0.33
0.6
2.98
0.8
i 2
1.18
0.42
2
3.30
1.65
1.65
0.6
15.11
0.4
2
1.78
0.77
3
1.34
0.67
0.67
0.6
6.13
3.2
2
1.92
0.29
4
1.62
0.81
0.81
0.6
7.42
2.9
2
1.90
0.30
5
2.48
1.24
1.24
0.6
11.35
1.3
2
1.90
0.46
6
0.64
0.32
0.32
0.6
2.93
1.1
2
1.29
0.38
7
1.50
0.75
0.75
0.6
6.87
0.8
2
1.91
0.60
8
1.60.
0.80
0.80
0.6
7.32
0.5
2
1.77
0.69
9
10
Swale
Bottom
Widths:
11
1, 6-8
5'
12
2,3
10'
13
4,5
12'
14
15
Manning
"N"
value:
0.04
(typical
bermuda
grass
lined
channel)
16
17
ECEIVE
18
19
20
RY:
Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 4
IV. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1000, NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211.
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An
incomplete s bmittal package will result in a request for additional information. This ✓i'.l delay final
review and approval of the project. Initial in the space provided to indicate that the following requirements
have been met and supporting documentation is provided as necessary. If the applicant has designated an agent
on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met,
then Justification must be attached. Only complete items n through p for projects with curb outlets.
Page/Plan
Initials Sheet No.
tm a. t
L
L,
k.
M.
For projects in the 20 coastal counties: Per NCAC 211.1005, a 50 foot wide vegetative buffer
is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative
buffer adjacent surface waters is provided.
For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer
is provided adjacent to surface waters.
For Phase II Post -Construction projects: All built upon area is located at least 30 feet
landward of all perennial and intermittent surface waters.
Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to the sale of any lots.
Built upon area calculations are provided for the overall project and all lots.
Project conforms to low density requirements within the ORW AEC. (if applicable per
15A NCAC 2H .1007)
Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales.
Longitudinal slope of swales is no greater than 5%; for non -curb outlet projects, calculations
for shear stress and velocity are provided if slope is greater than 5%.
At a minimum, swales are designed to carry the 10 year storm velocity at a non -erosive rate.
Swales discharging to wetlands are designed to flow into and through the wetlands at a non -
erosive velocity (for this flow requirement into wetlands, non -erosive is velocity < 2 ft/s).
Swale detail and permanent vegetation is specified on the plans.
Swale detail provided on plans; includes grass type(s) for permanent vegetative cover.
Swales are located in recorded drainage easements.
n.tt Length of swale or vegetated area is at least 100 feet for each curb outlet.
o.'t The system takes into account the run-off at ultimate built -out potential from all surfaces
draining to the system (delineate drainage area for each swale).
p tt Curb outlets direct flow to a swale or vegetated area.
t Projects in the Neuse, Tar -Pamlico, Catawba River basins, and Randleman Lak EQ awylaffers.
tt Only complete these items for projects with curb outlets. AN 2 0 2(07
Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 4
, IV. SWALE SYSTEM MAINTENANCE REQUIREMENTS
Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at
any time; and grass will not be mowed too close to the ground or "scalped".
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation,
Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swaes will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Energy, Mineral
and Land Resources.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DEMLR of any problems with the system or prior to any
changes to the system or responsible parry.
Print Name and Title: J.W. Fussell, Manaizer, Avendale Development LLC
Address: 405 Elk Summit Drive Tod NC 28684
Phone: 336-877-3779 Date: l "
Signature:
Note: The legall}fresponsible paP& should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, K t I I i C ;_ . N o r r i s . a Notary Public for the State of N C , County of
Ncw Patno vas , do hereby certify that 9' W - Fuss o ( personally appeared before me this 20
day of Jan u.aru 20 I] , and acknowledge the due execution of the forgoing swale maintenance requirements.
Witness my hand and official seal,
No t
signature
�• KELLIE E. NORRIS
Notary Public
4` SE�lorth Carolina
New Hanover County
Form SW401-Low Density-Rev.3-2/10/09
My commission expires 3 5 201 9 , itr
ECEI V ice.
JAN Z 0 2011
Page 4 of 4
ALN
STROUD ENGINEERING, P.A.
�CONSULTING ENGINEERS
102D CINEMA DRIVE
WIL.MINGTON, NORTH CAROLINA 26403
W W W.STROUDENGINEER.COM
LICENSE NO. C-0647
February 20, 2020
NCDEQ
Attn: Steve Pusey, EI
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Avendale Phase 4
NCDEQ Stormwater Certification
Permit # SW8 170207
Mr. Pusey:
I have observed the subject project periodically throughout its construction and met with the
permittee to conduct a walkthrough of the completed facilities.
The stormwater system has been constructed according to —and is substantially compliant with —
approved plans along with the Design Standards and Schedule of Compliance outlined in the
attached permit, which I am incorporating by reference. Therefore, I am issuing this Certification.
Noted deviations from approved plans and specifications:
IA Vegetated conveyances adjacent to homesites under construction will require reestablishment
of vegetation. I observed yards and ditch banks of adjacent completed lots to have been sodded.
II.6. Erosion control measures installed by builders (silt fence and gutter guards) should be
removed upon stabilization of lots.
Thank you for your attention to this matter. Please do not hesitate to contact me should you have
any questions or concerns.
V ICARO���%
Regards, ��? Q`oti�33%y
4 SEAL .
35,677��
David L. Menus, P.E. •'.44
Stroud Engineering, PA �QG�PIM�N,�S`��`
1111110\
107B COMMERCE STREET 102D CINEMA DRIVE 3302C BRIDGES STREET
GREENVILLE, NORTH CAROLINA 27858 WILMINGTON, NORTH CAROLINA 28403 MOREHEAD CITY, NORTH CAROLINA 28557
252.756.9352 910.815.0775 252.247.7479