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HomeMy WebLinkAboutSW8070303_Historical File_20220926• 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 a Pre -Populated Annual Report form - Print an Amended a Annual Report form Business Corporation Legal Name D.R. Horton, Inc. Information Sosld: 0296009 Status: Current -Active O Date Formed: 11/5/1991 Citizenship: Foreign State of Incorporation: DE Fiscal Month: September Annual Report Due Date: January 15th CurrentAnnual Report Status: Registered Agent: CT Corporation System Addresses Mailing Principal Office 1341 Horton Circle 1341 Horton Circle Arlington, TX 76011 Arlington, TX 76011 Reg Mailing 160 Mine Lake Ct Ste 200 Raleigh, NC 27615-6417 Officers Vice President Cade C. Anderson 1341 Horton Circle Arlington TX 76011 Reg Office 160 Mine Lake Ct Ste 200 Raleigh, NC 27615-6417 Chief Executive Officer David V Auld 1341 Horton Circle Arlington TX 76011 N.; SEP ?o .. all-2?? Chairman of the Board Donald R. Horton 1341 Horton Circle Arlington TX 76011 Secretary Thomas B. Montano 1341 Horton Circle Arlington TX 76011 Stock Class: 99 SEE CERT Shares: 0 Par Value 0 Chief Operating Officer Michael J Murray 1341 Horton Circle Arlington TX 76011 Chief Financial Officer Bill W. Wheat 1341 Horton Circle Arlington TX 76011 Sep?p .. CERDFiCATE OF SECRETARY 8r ? The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Secretary of D.R. Horton, Inc., a Delaware corporation (the "Company "), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true, correct and complete copy of resolutions related to the subject matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company dated October 1, 2021 (the "Rew1utr '). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. E%ciia Region Vice PresWent - Coastal Carolina WFITEREAS, effective April 11, 2011, Bradford C. Brundage was duly elected to the office of Assistant Vice President of the Company in the Company's Coastal Carolina Division; WHEREAS, effective October 26, 2018, Bradford C. Brundage was promoted to the office of Vice President of the Company and Division President of the Myrtle Beach and Wilmington areas ofthe Company's Coastal Carolina Division; NMEREAS, effective January 13, 2020, Bradford C. Brundage's authority was expanded to include the Company's entire Coastal Carolina Division; and WHEREAS, it is now desirable to promote Bradford C. Brundage to the position of Region Vice President of the Company of the Company's Coastal Carolina Region. NOW, TIMRE'+ORE, BE !T RESO7, E4 Mat Bradford C. Brundagc(the "ReSM lkg &Axiaien ") is hereby elected to the office of Region Vice President of the Company of the Company's Coastal Carolina Region (the "Region'), to serve until the next annual meeting of directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. R3ESOF, EEL F 11THE'R, that the Region Vice President is hereby authorized and empowered, in the Region and in the name and on behalf of (A) the Company, (B) any partnership of which the Company is a general partner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "E 'tics "), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "AWUvin Ciffloa- "), to execute and deliver contracts, agreements and other documents and instruments (other than promissory notes) for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Entities and (iii) to execute and deliver model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER that, in connection with the management of the Entities' business in the Region, the Region Vice President shall be authorized and empowered, in the name and on behalf of the Entities in the Region, to execute and deliver (i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii) contracts, agreements, deeds, closing statements and other documents and instruments for the sale, transfer and/or conveyance of mineral rights, groundwater and other water rights owned, leased or controlled by any of the Entities to DRH Energy, Inc., an affiliate of the Entities, (iii) home sales contracts, sales person employment agreements and similar or equivalent agreements, documents or instruments and (iv) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER that, in connection with the management of the Entities' business in the Region, the Region Vice President shall be authorized and empowered, in the name and on behalf of the Entities in the Region, to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family and multi -family homes. RESOLVED FURTHER, that the Region Vice President is hereby removed from any position not granted above. RESOLVED FURTHER, that effective as of the date hereof, the authority hereby granted to the Region Vice President supersedes authority previously granted by Written Consent of Executive Committee of the Board of Directors to the Region Vice President. IN WITNESS WHEREOF, the undersigned has signed on the 5' day of October, 2021. Thomas B. Montano Secretary U:UMVALT%MinN7P U10ct01-00S - RVPs and M,M7d 2 "'�-° `'�' cz a W 'k. SEP 2 0 2022 BY: Burd, Tina J From: Burd, Tina J Sent: Friday, September 23, 2022 12:17 PM To: Bradford C Brundage Subject: SW8 070303 - The Overlook at Middle Sound The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on September 20, 2022. The project has been assigned to Aisia Freeman and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 ,e--�DWF Q�' to and fe'orr, this addre31' t . ecordS Law and m?v Website: http://dea.nc.gov/about/divisions/energy-mineral-land-resources/stormwater Based on the current guidance to minimize the spread of COVID-rq, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQoffice locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. Phase II =Liniversal =1988 Coastal Permittee Type & Documents Needed: Property Owner�sj =Purchaser Elessee =HOA Developer Viable? Viable? =Viable? Viable? Viable? =Deed =Purchase Aemt =Lease E3EIectlon Minutes Paperwork ZApplication �f .� �� Fee: 0$505 (within 6mo) Check#(s): [ =Supplement' (1 new form or for older forms: I original perSCM) =O&M, Soils Report (lnfil or PP) Calculations (signed/seoled)i Deed Restrictions, if subdivided$ =Project Narrative =No Fee = USG S Map (or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N Plans (2 Setsy NOTES: 'Enter BIMIS Acknowledged Date on this Sheet IFor New Projects -Enter New Permit # on Supplements & Deed Restriction Templates. a If permittee is different, STOP. Needs to be transferred first. °If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first- 5 If Lot not approved in master permit, STOP. Master permit needs mod. EMAILED ENGINEER DATE: 11TATIrA+.ax:�A Comments: G7WQ\\\Rererence Libra ry\Procedures\CheckIistS\Completeness ReviewCheckIist 2021 0909 Zorda, Garrett D From: Zorda, Garrett D Sent Friday, October 15, 2021 1:16 PM To: Teri Losaw Subject: RE: [External] SW Permit -SW8 070303 Good Afternoon Teri, I have checked our system and it does not appear that an application for the subject project has been resubmitted and D.R. Horton, Inc. remains the permittee. With that said, if the HOA is the owner of the ponds, then a transfer is likely needed and D.R. Horton, Inc. and the HOA will need to jointly submit a transfer application. It is recommended for the HOA to contact the current permittee with additional questions regarding the timeline for the submittal and work together to resubmit. Please let me know if you have any additional questions. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "`'"`Please note the change to my direct phone number" as rrett.zorda(M ncde n rmov 127 Cardinal Drive Ext. Wilmington, NC 28405 7- E.., air co!': asponden,�e to and from ibis address is .o the fib; Ih Carolina Pu{sic Records Law and ,Tray be cti f;fosed to third p•ar yes. From: Teri Losaw <teri@premiermanagementnc.com> Sent: Friday, October 15, 2021 11:41 AM To: Zorda, Garrett D <garrett.zorda@ncdenr.gov> Subject: RE: [External] SW Permit -SW8 070303 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Garrett, I am writing on behalf of Board to get any updates on the application process for the stormwater permit. Thank you, Teri Losaw, CMCA® I Premier Management Company AsNi,ciatic.?, Maijager P.C. ,1307). !._05 , VOA i� � ,ngk,,:�i, NC 2-+405 Phone: 910-679-3012 x 717 j Fax: 888-799-7626 www.PremierllanaizementNC.com From: Zorda, Garrett D <garrett.zorda@ncderr.gov> Sent: Wednesday, May 26, 20212:43 PM To: Teri Losaw <teri@premiermanaeementnc.com> Subject: RE: [External] SW Permit -SW8 070303 Good Afternoon Teri, The systems on this site were permitted for a specific design storm, in this case the 1 year, 24-hour storm. Unfortunately the Division does not have jurisdiction over rain events larger than that, including hurricanes. The county may have additional requirements that must be met for larger storms, so they may be a good resource to contact for concerns regarding those larger storm events. In terms of short term items for moving forward, ensuring basic maintenance requirements are being taken care of (maintaining adequate vegetation, unclogging clogged outlet orifices, etc.) will help keep the system functioning properly. Additionally, working with D.R. Horton to jointly submit a permit transfer will help prevent future HOA concerns. I hope this email thoroughly answers your question. However, if you have additional questions or specific concerns you would like to discuss, please let me know. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct '*Please note the change to my direct phone number'* ga rrett.zordaOD-ncden r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 to on is :iC1bjec to ti-ie North C&'otira - i?,ecoo�.-, dixlo.:-,anj to th.'t d par, rt.8. ` Zorda, Garrett D From: Sent: To: Subject: Good Afternoon Teri, Zorda, Garrett D Wednesday, May 26, 2021 2:43 PM Teri Losaw RE: [External] SW Permit -SW8 070303 The systems on this site were permitted for a specific design storm, in this case the 1 year, 24-hour storm. Unfortunately the Division does not have jurisdiction over rain events larger than that, including hurricanes. The county may have additional requirements that must be met for larger storms, so they may be a good resource to contact for concerns regarding those larger storm events. In terms of short term items for moving forward, ensuring basic maintenance requirements are being taken care of (maintaining adequate vegetation, unclogging clogged outlet orifices, etc.) will help keep the system functioning properly. Additionally, working with D.R. Horton to jointly submit a permit transfer will help prevent future HOA concerns. I hope this email thoroughly answers your question. However, if you have additional questions or specific concerns you would like to discuss, please let me know. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct 'Please note the change to my direct phone number" aarrett.zordaaricden r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 o1`,C: to c'I?,'i ii0'?? ;"+''IS cl[7L77'r?JFs Sul,?ft�C[ tL; From: Teri Losaw <teri@premiermanagementnc.com> Sent: Wednesday, May 26, 2021 12:34 PM To: Zorda, Garrett D <garrett.zorda@ncdenr.gov> Subject: RE: [External] SW Permit -SW8 070303 CAUTION: External email. Do not click links or open attachments unless you verify Reports dM. Send all suspicious email as an attachment to Hi Garrett, Thanks for your help. Some of the HOA members are concerned that the pond deficiencies to be addressed will compromise the effectiveness of the stormwater system during a large rain event or hurricane. Based on what you know about the deficiencies, could that be the case? If so, are there short term things the HOA can do to mitigate the risk? Thank you, Teri Losaw, CMCA& I Premier Management Company PFon : 910-679-3012 x 717 I Fav: 888-7e9-7626 www.PremierMana2ementNC.com From: Zorda, Garrett D <garrett.zorda@ncdenr.gov> Sent: Tuesday, May 25, 20212:50 PM To: Teri Losaw <teri@premiermanaeementnc.com> Subject: RE: [External] SW Permit -SW8 070303 Good Afternoon Teri, I do not have any new updates regarding the subject permit. The permittee has not applied to renew the permit nor resubmitted an application to transfer the permit. As noted previously, D.R. Horton, Inc. is the entity responsible for complying with the permit and ensuring any deficiencies are addressed and will remain the permittee until they apply for and receive approval for a permit transfer. Please let me know if you have any additional questions. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct 'Please note the change to my direct phone number" aarrett.zordaCa)_ncdern .goy 127 Cardinal Drive Ext. Wilmington, NC 28405 r=r'7,ar 3!711; 00.rn 07'i ,." II :SS !S :Wbjff',GY tO the From: Teri Losaw <teri@Premiermanaeementnc.com> Sent: Tuesday, May 25, 2021 1:34 PM To: Zorda, Garrett D <garrett.zorda@ncdenr.gov> Subject: RE: [External] SW Permit -SW8 070303 CAUTION: External. email. Do not Click links or open attachments unless you verify. Send all suspicious email as an attachment to neoort Soam. Good Afternoon Garrett, Would you have any new updates regarding a renewal application or resolving the list of items from DR Horton? Thank you, Teri Losaw, CMCA* ( Premier Management Company ,kss6 + iation I'VI-a agc-v }'- `.r{� Ll, +. ',��?. .r7► i.LiiS, jV'.: 28411 Phone: 910-679-3012 x 717 j Fax: 888-799-7626 www..PremierManaeementNC.com From: Zorda, Garrett D <Rarrett.zorda@ncdenr.gov> Sent: Monday, March 22, 2021 1:16 PM To: Teri Losaw <teri@premiermanaeementnc.com> Subject: RE: [External] SW Permit -SW8 070303 Good Afternoon Teri, D.R. Horton, Inc. did not provide the additional information that was previously requested. As I indicated in my previous email, the submitted application was returned for failure to provide that information and, as such, D.R. Horton, Inc. remains the permittee of SW8 070303. They have not yet submitted a new transfer application package. Furthermore, this permit is set to expire on March 26, 2021 and a renewal application will need to be submitted by D.R. Horton, Inc. in addition to resolving the items listed in the March 16, 2020 letter before a permit transfer can be approved. I hope this email answers your questions. If you have any additional questions, please let me know. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct 'Please note the change to my direct phone number** ga rrett.zorda,,W- ncden r.acv 127 Cardinal Drive Ext. Wilmington, NC 28405 !rc'' l this aciLi'1:..ss ic to ili'i 7 aIT!l?s. From: Teri Losaw <teri@premiermanagementn�:.com> Sent: Monday, March 22, 2021 12:01 PM To: Zorda, Garrett D <garrett.zorda@ncdenr.gov> Subject: RE: [External] SW Permit -SW8 070303 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reportsp-Ur Good Afternoon Garrett, Thank you for the additional update regarding the permit transfer application from D. R. Horton. Has D.R. Horton provided the additional information requested due to your office by March 16? If so, may I also receive the proposed timeline for bringing the site into compliance? Thank you, Teri Losaw I Premier Management Company Assc,�Ja ;oa Niaiager P.O. BOX 12051. Wilmir•lao , NC 284i5 Phone: 910-679-3012 x 717 j 5ax: 888-799-7626 www.PremierManagementNC.com From: Zorda, Garrett D <garrett.zorda@ncdenr.gcv> Sent: Wednesday, February 24, 20214:21 PM To: Teri Losaw <teri@premiermanagementnc.com> Subject: RE: [External] SW Permit -SW8 070303 Good Afternoon Ms. Losaw, The permittee, D.R. Horton, Inc., is the entity responsible for complying with the permit and ensuring any deficiencies are addressed. They will remain the permittee until they apply for and receive approval for a permit transfer. As you mentioned, they had previously applied to transfer the permit, however, that application was returned due to failure to provide the additional information requested in the March 16, 2020 letter, which included a request for a proposed timeline for bringing the site into compliance. To date, a response from D.R. Horton, Inc. has not been received. At this time, D.R. Horton, Inc. remains the permittee of SW8 070303 and is the entity responsible for compliance with that permit. Please let me know if you have any additional questions or concerns. 4 Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct —Please note the change to my direct phone number"* garrett.zorda.4ricden r.,go+ 127 Cardinal Drive Ext. Wilmington, NC 28405 D_E Q"7�--- NOMH� ccvresporderje t-iis adrki 3-�.3 ,'.: +l Ff.';' tc 'h i<Lrfh Caroh`:ra _av a.,-,J Glrci�ow'�' to ,hh-c? p�. From: Teri Losaw <teri@premiermanapementnc.com> Sent: Wednesday, February 24, 20211:58 PM To: Zorda, Garrett D <garrett.zorda@ncdenr.sov> Subject: FW: [External] SW Permit -SW8 070303 CAUi iON: External email, Do not click links or open attachments unless you verify. Send all suspicious emaii as an attachment to Report SDa m. Hi Garrett, I am sure you get asked this question a lot so please bear me. Is there a time limit that the state requires for issue to be fixed when a application is returned? The SW permit SW8 070303 was returned in December to DR Horton. Thank you, Teri Losaw I Premier Management Company ,i•llistYf;}?i �1a171Arit'r ?.:.1) i051, W i I u! I ti; C 2iZ411 Phone: 910 �7c-3PN-2 x''1's_'. Fox: 888-799-762 : www.PremierMana2eme-itNC.com From: Johnson, Kelly <i(elly.p.joh^;on@ncdenr.00v> Sent: Tuesday, February 16, 2021 3:28 PM To: Teri Losaw <teri-@premiermanage mer;t_nc.com> Cc: Zorda, Garrett D < arrett.zorda@ncdenr.gov>; Hall, Christine <Christine.Hal I@nrdenr.gov_> Subject: RE: [External] SW Permit: -SW8 070303 Hi Terri, I haven't worked on that one, but I do see that there is a letter (attached) on our server showing that the application to transfer the project was returned in December. I have cc'd Garrett Zorda who may be able to answer additional questions if you have them. Thanks, Kelly V,eI.I.1wOk1 zoo. Kelly Johnson Emilrormental Engineer f\iC D=svision of Energy, NoUneral and land Resources Starmwa+ter Permitting 127 Cardinal Drive Extensicn Vafiimington, Ni 23405-3845 Phone: 910.795.7335 Note Change in Phone Number From: Teri Losaw <teri@premiermanagementnc.com> Sent: Tuesday, February 16, 20213:12 PM To: Johnson, Kelly <kelly.pJohnson@ncdenr.eov> Subject: [External] SW Permit -SW8 070303 CAUTION: External email. Do not ciick links or open attachments unless you verify. Send all suspicious email as an attachment to l Report Spar". Hi Kelly, Would you be able to give an update on the transfer of SW Permit -SW8 070303 for The Overlook at Middle Sound? It is the Association's understanding that DR Horton tried to transfer ownership to the HOA but the ponds didn't pass inspection. We would like to know if DR Horton is currently working with DEQ to fix the ponds. Thank you, Teri Losaw I Premier Management Company BOX ,.205i, Phone: 910-679-3012 x 717 1 Fax: 83-799-7526 www.PremierManai!ementNC.com ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director December 8, 2020 D. R. Horton, Inc., current permittee Attn: Elizabeth Shelton, Vice President 131 Racine Dr. Suite 201 Wilmington, NC 28403 and NORTH CAROLINA EnvlronmwW QuaUty The Overlook at Middle Sound Loop Homeowners Association, Inc., proposed permittee Attn: Kyle Berzina, President 131 Racine Dr. Suite 201 Wilmington, NC 28403 Subject: PROJECT RETURN Stormwater Management Project No. SW8 070303 The Overlook at Middle Sound New Hanover County Dear Ms. Shelton and Mr. Berzina The Wilmington Regional Office received and accepted a State Stormwater Management Transfer Permit Application for the subject project on January 3, 2020 and requested additional information on March 16, 2020. A review of the file and delivery logs indicates that, as of this date, the information requested on March 16, 2020 has not been received in this Office within the stipulated timeframe. Per the requirements of Title 15A NCAC 02H.1045(4)(axii) of the Stormwater Management Rules, this Office is hereby returning the subject application as incomplete. The $505.00 application fee has been forfeited and a new fee will need to be provided if you choose to resubmit this application in the future. If you wish to pursue transferring this project, you must reapply to the Division. Your application package must include a completed and signed application form; signed O&M agreement; application fee; and any supporting documentation necessary to address the items identified in the latest request for additional information. Please note that the permit issued on July 23, 2019 remains in full force and effect. Please be aware that the construction of any changes to the originally approved and permitted plans prior to the receipt of a modified permit is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. If you have any questions concerning this matter, please contact Garrett Zorda at (910) 796-7215 or via e-mail at garrett.zorda@ncdenr.gov. Sincerely, CLk;:0_ -W Brian Wrenn, Director Division of Energy, Mineral and Land Resources DES/gdz: \\\Stormwater\Permits & Projects\2007\070303 HD \2020 12 retum_project 070303 cc: Rob Dunham, Association Manager, Premier Management Company New Hanover County Building Safety Department. New Hanover County Engineering Wilmington Regional Office North Carolina Department of Environmental Quality Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension i Wilmington, North Carolina 28405 \'OR�I CAAOLNA °¢1Aieita16nsaiq^�^�'�� 910.796.7215 rZorda, Garrett D From: Zorda, Garrett D Sent: Friday, November 20, 2020 3:07 PM To: elshelton@drhorton.com; kjberzina@drhorton.com Cc: Christine Hall (Christine.Hall@ncdenr.gov) Subject: RE: The Overlook at Middle Sound (SW8 070303) Request for additional Information/Notice of Inspection Good Afternoon All, I have not received a response to the Request for Additional Information i Notice of Inspection letter tha. was sei-It on March 16; 2020. Can you please advise on the status of the requested information and the addressed compliance issues? If a response is rot received by November 30, 2020, the application will be returned and a new Permit Transfer application package, th-{ includes all of the missing items noted in the March 16, 2020 letter, will need to be submitted if it is desired to :proceed with the transfer. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7343 direct "Please note the change to my direct phone number" garrPtt.zorda(& ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 DE wr�eiwwR w �n.ra.��r4+ Owu+ey CI? ail co!:respc ]dani;;- Ro anid 7 ih.i&, _td..1 ess is subjecr tc the rV(a•`F.?orC1?PcC_pmzr From: Zorda, Garrett D Sent: Monday, March 16, 2020 4:07 PM To: elshelton@drhorton.com; kjberzina@drhorton.com Cc: rob@ premiermanagementnc.com Subject: The Overlook at Middle Sound (SW8 070303) - Request for additional Information/Notice of Inspection AI I, Attached is a pdf of the request for additional information for the subject project. There are just a few items that need to be addressed. Also attached is a pdf of the Compliance Inspection Report, as referenced in the letter. Please let me know if you have any questions or concerns. Thanks, .Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7345 direct ga rrett.2ordaCcD_ncden r. gov 127 Cardinal Drive Ext. Wilmington, NC 28405 'Nothing Compares . .� . Ernad A(,D.rfh a. .. . a 61'st;lOsed t", thir(IPaalbs. ROY COOPER cnr"Or 11-40GHAEL & UGAN Serrrw v MAN WRENN March 16, 2020 Via email only: elsheltoWdrhortomcom D. R. Horton, Inc., current permittee Attn: Elizabeth Shelton, Vice President 131 Racine Dr. Suite 201 Wilmington, NC 28403 and NORTH CAROUNA Ellw&sfarWwrul QWft Via email only: kiberzinaC&,,drhorton.com The Overlook at Middle Sound Loop Homeowners Association, Inc., proposed permittee Attn: Kyle Berzina, President 131 Racine Dr. Suite 201 Wilmington, NC 28403 Subject: Request for Additional Information / Notice of Inspection State Stormwater Management Permit No. SW8 070303 The Overlook at Middle Sound New Hanover County Dear Ms. Shelton and Mr. Berzina: The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received and accepted a signed Permit Transfer Application Form for the subject project on January 3, 2020. The current and proposed permittees have requested to transfer the permit in accordance with 15A NCAC 02H.1045(1)(a). A preliminary in-depth review of the documentation submitted with the transfer request determined that the application is incomplete and that additional information is needed. Since the transfer was submitted under NCAC 02H.I045(1)(a) and the proposed permittee did not select the option in Section F of the application form where they agree to be the entity responsible for addressing any compliance issues, the project must found be in compliance with the permit prior to approving the transfer. To continue the review and processing of this transfer request, please provide the following documentation in a single, hard cony submittal package to complete the application and demonstrate compliance with the permit: 1. 15A NCAC 02H.1045(2)(a)(iii) and (iv): a. The mailing address for the current permittee, D.R. Horton, Inc., listen in Section DA. of the application is not consistent with the office mailing address on file with the Secretary of State. Please confirm the mailing address for the current permittee listed in Section DA. of the application is consistent with the information on file with the Secretary of State. b. The mailing address for the proposed permittee, The Overlook at Middle Sound Loop Homeowners Association Inc., listed in Section E.3. of the application is not consistent with the office mailing address on file with the Secretary of State. Please confirm the mailing address for proposed permittee listed in Section E.3. of the application is consistent with the information on file with the Secretary of State. 2. 15A NCAC 02H.1045(2)(b): a. The signing official for the current permittee, Elizabeth Shelton, is not listed with the NC Secretary of State. Please provide official documentation supporting Ms. Shelton's' title as Vice President of D.R. Horton, Inc. b. The signing official for the proposed permittee, Kyle Berzina, is not listed with the NC Secretary of State. Please provide official documentation (such as recent meeting minutes) supporting Mr. Berezina's title as President of The Overlook at Middle Sound Loop Homeowners Association, Inc. �iOrLl1 { }n��[iiiiK Of E�t1�11fl[�7[� i.J}I�r M'�� R� 4f F.�Xri}]'.f� i�".50uC[Ci Wftwo gton Rroonal Office 1 127 C"nW Drew EMnsion W6tingmrl Ncnh Cwvhm M405 �6r��Y 940-N MS State Stormwater Permit No. SW8 070303 Page 2 of 3 3. 15A NCAC 02H.1045(2)(d): The submitted operation and maintenance agreement from the proposed permittee is a copy. Please provide an originally signed and notarized copy of the operation and maintenance agreement from the proposed permittee. 4. 15A NCAC 02H.1045(2)(e): Since the project has been built, please provide documentation that the maximum allowed built -upon area per lot has not been exceeded. The permittee's lot review records, tax records, aerial photos, and/or lot surveys can be used to demonstrate the allocated BUA has not been exceeded. On March 2, 2020, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected the subject project to determine the status of compliance with this permit, last issued on July 22, 2019. DEMLR file review and site inspection revealed that the site is not in compliance with the terms and conditions of this permit. A copy of the completed form entitled "Compliance Inspection Report" summarizing the findings of the recent inspection is attached to this letter. Please either address the following items to demonstrate compliance with the permit or submit a plan of action that provides a timeline in which the following compliance issues will be resolved. If the proposed permittee would like to accept responsibility for resolving these items, please submit a new Section F of the application with that option selected. a. The emergency spillway for Wet Pond # 1 contains large bare spots and must be repaired. b. Dry Pond #1 is overgrown with wetland grasses and appears to retain water for longer than five (5) days. c. The skimmer is still installed in the outlet structure of Dry Pond #1. d. The outlet box for Wet Pond #2 is clogged. e. Dry Pond #2 appears to hold water for longer than five (5) days. All of the requested information listed above should be received in this Office by March 31, 2020, or the application will be returned as incomplete. If additional time is needed to submit the requested information, please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted, which shall be no later than 15 days past the original due date. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. The Division is allowed 90 days from the receipt of a complete application to transfer the permit. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the application fee. Please note that if, upon review of the submitted information or upon a deficient compliance inspection of the project, it is determined that a major modification to the permit is required to resolve the compliance issues, the transfer application will be returned as incomplete. Upon the issuance of the modified permit, and the successful completion of any work required by the modified permit and/or the restoration of the site to design condition, the applicant will need to submit an updated transfer application and a new fee to the Division to start the transfer process over again. Please remember that the permittee is responsible for complying with the terms and conditions of the permit and the approved plans and specifications until the Division approves the transfer request. Please reference the State assigned permit number on all correspondence. If you have any questions concerning this matter, please feel free to call me at (910) 796-7215 or email me at garrett.zorda@ncdenr.gov. Sincerely, ! FM& Garrett Zorda Environmental Engineer Enclosure: Compliance Inspection Report DES/gdz: G:\\\Stormwater\Permits & Projects\2007\070303 HD\2020 03 addinfo CEI deficient 070303 cc: Rob Dunham, Association Manager; via email: rob@premiermanagementnc.com Wilmington Regional Office Stormwater Permit File State Stormwater Permit No. SW8 070303 Page 3 of 3 Compliance Inspection Report Permit: SW8070303 Effective:07/22/19 Project: The Overlook at Middle Sound Owner: D R Horton Inc County: New Hanover Region: Wilmington Expiration: 03/26/21 Adress: 3210 Middle Sound Loop Rd City/State/Zip: Wilmington NC 28411 Contact Person: Bradford C Brundage Title: Manager Phone: 843-357-8400 Directions to Project: approx. 3.2 miles north on US 17 (Market St) from the intersection of US 17 and US 74 (Eastwood Rd), turn right on SR 1403 (Middle Sound Loop Rd) & travel approx. 1.35 mies. The site is on the east side of SR 1403. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Pages Creek) (03-06-24 ) ( SA;HQW) 2 - (Pages Creek) (03-06-24) (SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 03/02/2020 Entry Time 12:45PM Primary Inspector: Brian P Lambe Secondary Inspector(s): Garrett D Zorda Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 01:30PM Phone: Inspection Type: Transfer Renewal page 1 Permit: SWBD70303 Owner - Project: D R Horton Inc Inspection Date: 03/02/202D Inspection Type Transfer Renewal Reason for Visit: Other Inspection Summary: In order to bring this project into compliance, the following deficiencies must be addressed: 1) The emergency spillway for Wet Pond #1 contains large bare spots and must be repaired. 2) Dry Pond #1 is overgrown with wetland grasses and appears to retain water for longer than five days. 3) The skimmer is installed in the outlet structure of Dry Pond #1. 4) The outlet box for Wet Pond #2 is clogged. 5) Dry Pond #2 appears to hold water for longer than five (5) days. page 2 Permit: SW8070303 Owner - Project: D R Horton Inc Inspection Date: 03/02/2020 Inspection Type Transfer Renewal Reason for Visit: Other File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? E ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? E ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? E ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? E ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? E ❑ ❑ ❑ Comment. - SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? E ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑0 ❑ ❑ Comment: Skimmer is still installed in Dry Pond #1 Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: The emergency spillway for Wet Pond #1 contains large bare soots Dry Pond #1 is overgrown with wetland grasses and appears to retain water for longer than five (5) da- The outlet box for Wet Pond #2 is clogged. Dry Pond #2 appears to hold water for longer than five (5) days. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ E Comment: page 3 Zorda, Garrett D From: Zorda, Garrett D Sent: Monday, March 16, 2020 4:07 PM To: elshelton@drhorton.com; kjberzina@drhorton.com Cc: rob@premiermanagementnc.com Subject: The Overlook at Middle Sound (SW8 070303) - Request for additional Information/Notice of Inspection Attachments: 2020 03 addinfo CEI_dificient 070303.pdf, 2020 03 CEI_BIMS 070303.pdf All, Attached is a pdf of the request for additional information for the subject project. There are just a few items that need to be addressed. Also attached is a pdf of the Compliance Inspection Report, as referenced in the letter. Please let me know if you have any questions or concerns. Thanks, Garrett Zorda Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7345 direct Qarrett.zorda(a-)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 "otHni—, C" C:'13II i�1l ;fn cvoar'r`•o-e;o' si�?.?'!r e{J :!.-✓�":$ f rG"this c id 'taSa ,'c SU :='.,rio i'�t,a TLam adnrn,i to t 1 Cz t,t irC - Lewis,Linda From: Lewis,Linda Sent: Thursday, July 25, 2019 5:11 PM To: Bradford C Brundage Cc: 'mcloiacono@drhorton.com'; 'K'berzzina @d rho rto n.co m' Subject: The Overlook at Middle Sound Request for additional information SW8 070303 All The Division approved a minor modification to the subject permit on July 23, 2019 and has reentered the transfer application that had been placed on hold. Please note that the modified permit requires the recordation of an amendment to the deed restrictions to reflect the BUA per lot changes for Lots 34 and 35. The transfer application is incomplete until a copy of the recorded amendment is submitted to the Division. Upon receipt, the project will be inspected for compliance, and if in compliance, the permit will be transferred to the Association. Please submit a copy of the recorded amendment to the Division by August 25, 2019. 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 N; C'. thh-Q compa res Email corresi:�c:.,-dence to and from this address., is subjec�. fo th:-: Ncrt� CaroUha Public .Reco ds Lovv and may be di. -,-I s :d tc third Patfies. I1tMLH HSI- (1NI Y Date Received Fee Paid Permit Number fE 114116 4 1� I _:W &_51 &Q Y ; cWS' 070303 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: hftpyldep.nc.gov/contact/reaional-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 designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner, • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 070303 2. Project name: The Overlook at Middle Sound Is this an updated project name from the current permit? ❑ Yes RNo 3. Reason for the permit transfer request: D.R Horton is transferring ownership to the responsible Homeowners Association. ClEIVE NOV 16 2018 13Y: Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(62) (see also SL 2014-255), 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 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. CCEIVE H��r i s zoos BY. Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 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.: Y 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. 1 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. 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. d 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. 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. 8. If transferring under G.S. 143-214.7tc2j (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. 9. If transferring under G.S. 143-214.7(65) (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. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N k 12. A copy of the development agreement if the proposed permittee is the developer. ECEIVE NOV 16 2018 er: Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: D.R. Horton, Inc. 2. Signing Official's Name: Michael Loiacono 3. Signing Official's Title: Vice President 4. Mailing Address: 131 Racine Dr., STE. 201 City: Wilmington State: NC ZIP: 28403 5. Street Address: 131 Racine Dr., STE. 201 City: Wilmington State: NC ZIP: 28403 6. Phone: (919) 757-8663 Email: MCLoiaconoO-drhorton.com I, Michael Loiacono , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) the most recent permit; the designer's certification for each SCM; any recorded deed restrictions, covenants, common areas, drainage easements or plats; the approved plans and/or approved as -built plans; �- the approved operation and maintenance agreement; past maintenance records from the previous permittee (where required); a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not 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 proposed permittee named below. I understand that this request to transfer the permit may not be appr d by the DEMLR unless and until the facility is in complia;1FI;,r�v7fF theit. Signature: Date: I, 1AA) &&-to;9,�_ , a Notary Public for the State of A�oilira CALOWda. , County of AYEW 1411AVE , do hereby certify that M I GINACL Jock Lati b personally appeared before me this the gal TFl day of AVGVST , 20 18' , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature: My commission expires 04�� a� d PUBUG :UEIVEI. Nov 16 tore Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 E. PROPOSED PERMITTEE INFORMATION 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 P) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser -Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: HOA / POA / UOA name: The Overlook at Middle Sound Loop Homeowners Association Inc ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Kyle Berzina b. Signing Official's Title: HOA President c. Mailing Address: 131 Racine Dr., STE 201 City: Wilmington State: NC ZIP: 28403 d. Street Address: 131 Racine Dr., STE 201 City: Wilmington State: NC ZIP: 28403 e. Phone: (843) 877-0449 Email: KJBerzinat&drhorton.com 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: Premier Management Company b. Contact Name: Chris Mannino Title: Director c. Mailing Address: P.O. Box 12051 d. City: Wilmington State: NC ZIP: 28405 e. Phone: 910) 879=3012 Email: chrisOpremiermanagementnc.com nECElVE � f NOV 16 ems BY: Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, Kyle Berzina , 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); j 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 project's built -upon area as shown on the approved plans; and I will {construct), operate and maintain the approved stormwater management system pursuant to the require ents listed in the permit and in the operation and maintenance agreement. Signature: Si , 9 Date: OJT/a 7/Z01 $ I, IAni FLAIJgJE K. i , a Notary Public for the State of &Zrtt CAKOLWA , County of OW (A JkdpVF Z_ do hereby certify that &(.r geKz►tjN personally appeared before me this the a7TH day of A O&US-r , 20J_t_, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires 04 �a7�.20A0 ".N 4 NOxANN OUBLIG ECF—IVE NOV 16 2018 BY: Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 A)/V1 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: Phone: (_) Email: State: ZIP : I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance cf 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: 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 ECEIV 1. BY. Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 Operation & Maintenance Agreement The Overlook at Middlesound Wilmington, NC NEW HANOVER County maintenance recoras snail De Kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements rioted in the inspection will be correc'tea, repaired, or repiaced immediately These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level Spreader/VFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: Soil Amendments Present: O&M tables wil Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): De acaeo Phase 1 I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. Signature: * Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: Kyle Berzina President, The Overlook at Middle Sound Loop Homeowners Asso 131 Racine Dr., STE. 201 Wilmington, NC 28403 843-877-0"9 IW Berzina rhorton.com ,tom 1, r� IAA) FL Its if L(V V U , a Notary Public for the State of Date: a$ Z % Zb I County of dJNooy E1, , do hearby certify that KYLE k 22 tdn personally appeared before me this XITIJ day of ALM-OSI, ao1 and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, 00 7A NOV 18 2018 �pTAA y PU � BY: HOVER GO My commission expires STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 1 of 9 Dry Detention Pond Maintenance Requirements Important maintenance procedures: The drainage area will be managed to reduce the sediment load to the dry extended detention basin. - Immediately after the dry extended detention basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - No portion of the dry extended detention pond will be fertilized after the first initial fertilization that is required to establish the vegetation. The vegetation in and around the basin will be maintained at a height of approximately six inches. If cracks, seepage, or woody vegetation is present, consult a dam safety expert for a dam inspection. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. 7e—rthe dry detention basin is established, it will be inspected quarterly. Inspection activities shall be performed as follows and any problems identified will be remediated immediately per the table below. BMP element: Potential problem: How to remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Trash/debris is present. Remove the trash/debris. Erosion has occurred or Provide additional erosion protection such as reinforced turf matting or riprap is displaced. riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 2 of 9 Dr star on n ante nce e u remenhs crttirrue BMP element: Potential problem: How to remediate the problem: The main treatment area Sediment has accumulated and reduced the depth to Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where 75% of the original design depth (per pond design data sheet) it will not cause impacts to streams or the BMP. Revegetate disturbed areas immediately with sod (preferred) or seed protected with securely staked erosion mat. Water is standing more than 5 days after a storm event. Check outlet structure for clogging. If it is a design issue, consult an appropriate professional. Weeds and noxious plants are growing in the main Remove the plants by hand or by wiping them with pesticide (do not spray). treatment area. The embankment Shrubs or trees have started Remove shrubs or trees immediately. to grow on the embankment. Grass cover is unhealthy or eroding. Restore the health of the grass cover — consult a professional if necessary. Signs of seepage on the Consult a professional. downstream face. Evidence of muskrat or beaver activity is present. Use traps to remove muskrats and consult a professional to remove beavers. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. ECEIVE NOV 16 2018 BY: STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 3 of 9 eWntiarr Pund Deskn Summary DRY POND ID FOREBAY MAIN POND 1 Temporary Pool El: NA Temporary Pool El:M Clean out depth: NA Clean out depth:Pretreatment Yes Sediment Storage El: NA Sediment Storage EI:Has Veg. Filter Yes Bottom El: NA Bottom EI: DRY POND ID FOREBAY MAIN POND 2 Temporary Pool El: NA Temporary Pool El: 10.8 Clean out depth: NA Clean out depth: 1 Pretreatment Yes Sediment Storage El: NA Sediment Storage El: 8 Has Veg. Filter I Yes Bottom El: NA Bottom El: 7 STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 4 of 9 ve rea er- a eta er : es ore i arian Bu er n raanCe e u remetta Important maintenance procedures: - Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of - thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC, 1993). Forested filter strips do not require this type of maintenance. - Once a year, the soil will be aerated if necessary. - once a year, soil pH will be tested and lime will be added if necessary. FAer(the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. uIsNGcuun acuvInes snail oe perrormea as Touows. Any problems that are found shall be repaired immpdiatpiv BMP element: Potentialproblem: How to remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too long. Maintain vegetation at a height of approximately six Inches. The flow splitter device (if applicable) The flow splitter device is clogged. Unclog the conveyance and dispose of any sediment off -site. The flow splitter device is damaged. Make any necessary repairs or replace if damage is too large for repair. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). �F-CElV E� NOV 16 2018 BYL STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 5 of 9 LS-YF5 !Restore Riparian Bier Maintenance Rquirements (Continued) The swale and the level lip The swale is clogged with Remove the sediment and dispose of it off -site. sediment. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the end of the level spreader that Regrade the soil to create a berm that is higher than the level lip, and then plant a ground cover and water until it is established. Provide shows stormwater has hynn-R-mr] it lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslope of the level lip. The bypass channel Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then reestablish proper erosion control. Turf reinforcement is damaged or ripap is rolling Study the site to see if a larger bypass channel is needed (enlarge if necessary). After this, reestablish the erosion control material. downhill. The filter strip Grass is too short or too long Maintain grass at a height of approximately three to six inches. (if applicable). Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one- time fertilizer application. Sediment is building up on the filter strip. Remove the sediment and restabilize the soil with vegetation if necessary. Provide lime and a one-time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if possible. If pesticide is used, do not choking out desirable allow it to get into the receiving water. species. The receiving water Erosion or other signs of damage have occurred at the Contact the NCDENR local Regional Office, or the 401 Oversight Unit at 919-733-1786. outlet. STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 6 of 9 Wet Detention Pond Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated. filter if one is provided. Important maintenance procedures: Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. _ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired Immediately. BMP element: Potential problem: How 1 will remediate the problem: . The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until It Is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too long. Maintain vegetation at a height of approximately six inches. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off -site. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to a depth greater than the Search for the source of the sediment and remedy the problem If possible. Remove the sediment and dispose of it in a location where original design depth for it will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide Is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices show that pruning is needed Prune according to best professional practices to maintain optimal plant health. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. STORM-EZ Version 1.4 ECEIVE NOV 16 2018 BY: O&M Manual 8/24/2018 Page 7 of 9 Wet peteritiun Pond Maintena6ce Re taremertts {:ontinue i The main treatment area Sediment has accumulated to a depth greater than the original design sediment Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or Use traps to remove muskrats and consult a professional to remove beaver activity is present. beavers. A tree has started to grow on Consult a dam safety specialist to remove the tree. the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage have occurred at the Contact the local NC Department of Environment and Natural Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. STORM-FZ 8/24/2018 Version 1.4 O&M Manual Page 8 of 9 WET POND ID FOREBAY MAIN POND Pond 1 Normal Pool El. 6.5 Normal Pool El. 6.5 Temporary Pool El: 8.6 Temporary Pool El: 8.6 Pretreatment other No Clean out depth: Clean out depth: 1 than forebay? Sediment Storage El: Sediment Storage El: 1 Has Vag. Filter? No Bottom El: Varies Bottom El: 0 WET POND ID FOREBAY MAIN POND Pond 2 Normal Pool El. 7.2 Normal Pool El. 7.2 Temporary Pool El: 8.8 Temporary Pool El: 8.8 Pretreatment other No Clean out depth: Clean out depth: 1 than forebay? Sediment Storage El: Sediment Storage El: 0 Has Vag. Filter? No Bottom El: Varies Bottom El: -1 RECErvE� NOV 16 2018 BY. STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 9 of 9