Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutSW8081209_HISTORICAL FILE_20200831STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 08 12 09
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2o2o 00 31
YYYYMMDD
r
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary'
BRIAN WRENN
Director
August 31, 2020
NORTH CAROLINA
Environmental Quality
D.R. Horton, Inc.
Attn: Elizabeth Shelton, Assistant Vice President
131 Racine Drive, Suite 201
Wilmington, NC 28403
Subject: Permit Transfer
State Stormwater Management Permit No. SW8 081209
Riverside
New Hanover County
Dear Ms. Shelton
On June 18, 2020, the Wilmington Regional Office received a complete request to transfer the ownership of the
state stormwater management permit under the provisions of 15A NCAC 02H.1045(I)(a). DEMLR staff has
inspected the project, reviewed the available documentation, and determined that the project is in compliance with
the terms and conditions of the state stormwater permit. By signing the Transfer Application form and Operation
and Maintenance Agreement, you have accepted the responsibility for complying with the terms and conditions
outlined in this permit.
The Division is hereby notifying you that the subject permit has been transferred on August 31, 2020. A copy of
the transferred and updated permit and associated documents are enclosed. Please note that this permit does not
impose new or different terns; it merely restates and clarifies some of the previous terms to provide you with a
better understanding of your obligations under the permit.
This permit shall be effective from the date of issuance until December 30, 2021, which includes all available
extensions. The project shall be subject to the conditions and limitations as specified therein and does not
supersede any other agency permit that may be required. 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. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of
this permit and is herein incorporated by reference.
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, or need additional copies of permit documents, please contact Steve Pusey in the
Wilmington Regional Office, at (910) 796-7215 or steven.pusey@ncdenr.gov.
Since�rel^y�,''�--�j/� i
I
.X". Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
North Carolina Department or Environmental Quality I Division of Energy, Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
CM GUi
�d �� 910.796.7215
State Stormwater Permit No. SW8 081209
Page 2 of 2
Enclosures: Attachment A — Designer Certification Form
Attachment C — Permitting History
copy of the Permit Transfer Application Form
copy of the signed and approved Operation & Maintenance Agreement
copy or the latest compliance inspection report
DES/sgp: \\\Stomwater\Permits & Projects\2008\081209 HD\2020 08 permit 081209
cc: Anthony Sydes, Clearly Development, Inc.
Jason Houston, PE — Parker & Associates, Inc.
Wilmington Regional Office Stormwater File
State Stormwater Management Systems
Permit No. SW8 081209
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143. General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
D.R. Horton, Inc.
Riverside Development
2553 Castle Hayne Road, Wilmington, New Hanover County
FOR THE
Construction, operation and maintenance of two (2) wet detention ponds in compliance with the
provisions of Session Law 2008-211 and 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 (the
"Division" or "DEMLR") and considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until December 30, 2021, and shall be subject
to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.5 on page 4 of this permit. The subdivision is permitted for 166 lots,
each allowed a maximum of 3,500 square feet of built -upon area, and three multi -residence
units.
3. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
4. The built -upon areas associated with this project shall be located at least 50 feet landward of
all perennial and intermittent surface waters.
Page 1 of 8
State Stormwater Management Systems
Permit No. SW8 081209
5. The following design elements have been permitted for this wet detention pond stormwater
facility, and must be provided in the system at all times.
Pond #1
Pond #2
a. Drainage Area, acres:
2,759,642
1,514,008
Onsite, ft2:
2,697,071
826,976
Offsite, ft2:
62,571
687,032
b. Total Impervious Surfaces, ft2:
1,018,209
851,192
Buildings, ft2:
583,315
34,362
Roads/Parking, ft2:
324,703
112,955
Other, ft2:
47,620
16,843
Offsite, ft2:
62,571
687,032
c. Average Pond Design Depth, feet:
3.5
3.0
d. TSS removal efficiency:
90%
90%
e. Design Storm, inches:
1.5
1.5
f. Permanent Pool Elevation, FMSL:
10
20.5
g. Permitted Surface Area @PP, ft2:
135,247
200,384
In. Permitted Storage Volume, ft3:
176,149
157,819
i. Storage Elevation, FMSL:
11.20
21.25
j. Predevelopment 1 year 24 hour, cfs:
6.97
3.06
k. Post development 1-yr 24 hour, cfs:
175.35
135.10
I. Controlling Orifice "0 pipe":
6
6
m. Permanent Pool Volume, ft3:
430,445
630,117
n. Forebay Volume, ft3:
80,759
1 127,220
o. Maximum Fountain Horsepower:
1
1 2
p. Receiving Stream / River Basin:
Northeast Cape Fear/Cape Fear
q. Stream Index Number:
18-74-(61)
r. Classification of Water Body:
SC; SW
It. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as
swales) shown on the approved plans as part of the stormwater management system without
submitting a revision to the permit and receiving approval from the Division.
Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
c. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the Forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline.
f. The maximum horsepower for a fountain in this pond is listed in Section 1.5.o.
3. The permittee is responsible for verifying that the proposed built -upon area for the entire lot
does not exceed the maximum allowed by this permit. Once the lot transfer is complete, the
built -upon area may not be revised without approval from the Division of Energy, Minerals and
Land Resources, and responsibility for meeting the built -upon area limit is transferred to the
individual property owner.
4. If an Architectural Review Board or Committee is set up by the permittee to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed built -upon area.
Any approvals given by the Board do not relieve the homeowner of the responsibility to
maintain compliance with the permitted BUA limit.
Page 2 of 8
State Stormwater Management Systems
Permit No. SW8 081209
5. 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.
6. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. 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.
8. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
9. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, the permittee shall cause a certification from an appropriate
designer for the system installed to be submitted, certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications must
be noted on the Certification. A modification may be required for those deviations.
11. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
12. Records of maintenance activities must be kept by the permittee. The records will indicate the
date, activity, name of person performing the work and what actions were taken.
13. The facilities shall be constructed, operated, and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
Page 3 of 8
State Stormwater Management Systems
Permit No. SW8 081209
14. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
15. The permittee shall submit to the Division of Energy, Minerals and Land Resources an annual
summary report of the maintenance and inspection records for each BMP. The report shall
summarize the inspection dates, results of the inspections, and the maintenance work
performed at each inspection.
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 081209, as issued by the Division of
Energy, Minerals 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.
G. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Energy, Minerals
and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Energy, Minerals and Land Resources.
f. The maximum built -upon area per lot is 3,500 square feet for 166 lots. This allotted
amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include raised,
open wood decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters, which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
h. Built -upon area in excess of the permitted amount will require a permit modification.
i. If permeable pavement credit is requested, the property owner must submit a request,
with supporting documentation, to the permittee and receive approval prior to
construction of BUA.
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the
date of recording the plat, and prior to selling lots. The recorded copy must contain all of the
statements above, the signature of the Permittee, the deed book number and page, and the
stamp/signature of the Register of Deeds.
18. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel.
The facility must be in compliance with all permit conditions. Any items not in compliance
must be repaired or replaced to design condition prior to the transfer. Records of maintenance
activities performed to date will be required.
Page 4 of 8
State Stormwater Management Systems
Permit No. SW8 081209
20. If permeable pavement credit is desired, the permittee must submit a request to modify the
permit to incorporate such language as required by the Division of Energy, Minerals and Land
Resources. The request to modify must include a soils report identifying the type of soil, the
Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion
of a permit modification, the individual lot owners that request to utilize permeable pavements
must submit the necessary forms and documentation to the permittee and receive approval prior
to construction of the permeable pavement.
III. GENERAL CONDITIONS
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;
2. 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,
3. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves a request to transfer the permit. 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.
4. 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.
5. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state, and federal) having jurisdiction.
6. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement stormwater
management systems.
7. The permittee grants DEQ Staff permission to enter the property during normal business hours
for the purpose of inspecting all components of the permitted stormwater management facility.
8. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission; however, these actions do
not stay any permit conditions.
Page 5 of 8
State Stormwater Management Systems
Permit No. SW8 081209
9. Unless specified elsewhere, permanent seeding requirements for the stormwater control must
follow the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
10. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
11. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws,
rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, and
NCGS 143-215.1 et.al.
12. A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit. The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Permit updated, transferred, and reissued this the 31 st day of August 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
n '5�'
c Brian Wrefin, tOtrector
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 8
Burd, Tina J
From: Burd, Tina 1
Sent: Wednesday, June 24, 2020 9:29 AM
To: leahquinn@sydescommunities.com; ELShelton@drhorton.com
Subject: SW8 081209 - Riverside Development
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Transfer Application and $505.00 fee for the subject project on June 18, 2020. The project has
been assigned to Steven Pusey and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate 11
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone 910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
NC DEQ Division of Energy, Mineral and Land Resources
JUN 1 tflii2fi
STATE STORMWATER:
PERMIT TRANSFER APPLICATION FORM Fw,
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.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. Stale Stormwater Permit Number: SW8 081209
2. Project name: Riverside
Is this an updated project name from the current permit? ❑ Yes X No
3. Reason for the permit transfer request:
Project ownership change
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)
X 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 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.
JUN I 0 2020
BY.•�� 10
Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018
C. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark W" if previously provided. If not
applicable or not available, please mark NA.:
Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2).
Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the
required items.
Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of
State demonstrating that the proposed permittee is a legal and viable entity able to conduct
business in North Carolina.
Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized
applicable O&M agreement(s) from the proposed permittee, as required by the permit.
Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a
recorded deed for the property, uncompleted development and/or common areas) or legal
documentation demonstrating that the proposed permittee is the sole claimant of the right to
engage in the permitted activity.
N/A 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.
N/A 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.
N/A 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.
N/A 10. A copy of the lease agreement if the proposed permittee is the lessee.
N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser.
N/A 12. A copy of the development agreement if the proposed permittee is the developer.
o
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: Clearly Development Inc.
2. Signing Official's Name: Anthony W. Svdes
3. Signing Official's Title: President
4. Mailing Address: PO Box 7227
City: Jacksonville State: NC ZIP: 28546
5. Street Address: N/A
City: Ste
6. Phone: (_) N/A Email:
ZIP:
I, Anthony W. Svdes , 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)
X the most recent permit;
❑ the designer's certification for each SCM;
X any recorded deed restrictions, covenants, common areas, drainage easements or plats;
X 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 approved
by th DEMLR unless and until the facility is in compliance w'th the permit.
Signature: /V ' Date: G F^
,o0ZMV61gft,e forgoing instrument. Witness my hand and official seal,
(✓2lpi bvft l)
/0
a Notary Public for the State of
L>rA1 i0'qulhk1
do hereby certify
appeared before me
owledge the due
?020
Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018
E. PROPOSED PERMITTEE INFORMATION
1. The proposed permittee is the:
X 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):
X Corporation, LLC, Partnership, Municipality name: D.R. Horton, Inc.
❑ HOA I POA I UOA name:
❑ Sole Proprietor
3. Proposed permittee contact information:
Please be sure to provide Email.
a. Signing Official's Name: Elizabeth Shelton
b. Signing Official's Title: Assistant Vice President
c. Mailing Address: 131 Racine Dr., Suite 201
City: Wilmington State: NC ZIP: 28403
d. Street Address: 131 Racine Dr., Suite 201
City: Wilmington State: NC ZIP: 28403
e. Phone: (910) 515-9651 Email: elshelton c.Ddrhorton.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:
b. Contact Name:
c. Mailing Address:
d. City:
e. Phone: (_) Email:
Title:
ZIP:
jdWN11, 8 1010
Stormwaler Permit Transfer Application Form Page 5 of 7 April 27, 2018
F. PROPOSED PERMITTEE CERTIFICATION
I, Elizabeth Shelton 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):
X the most recent permit;
❑ the designer's certification for each SCM;
X any recorded deed restrictions, covenants, common areas, drainage easements or plats;
X 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. 1 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 req ireem�ents listdlin,the permit and in the operation and maintenance sAree ent.
Signature: �.i/ /�I A O t WI Date: (Q
V
I, jAJ J�a. drz-1 . a Notary Public for the State of !� tN n6tou,JA
County of AV AhA)Vvf-tl do hereby certify that ELttAbf-nt 9t+fct,-I6N
personally appeared before me this the Irl-rti day of 'Sudf , 2006 , and
the due execution of the forgoing instrument. Witness my hand and official seal,
aOTARY s
(Notary Seal)
U
PuBoo
expires OS1rl1,9AA5
rt..a
SUN 9L4f l
Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018
;.• - ... ., R
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:
1. She is a duly elected, qualified and acting Assistant 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 atrue, 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 April 1, 2019 (the "Resolutions'). The Resolutions have not been amended, rescinded or
modified and remain in full force and effect as of the date hereof.
Election of Assistant Vice President and City Manager
WHEREAS, effective October 31, 2017, Elizabeth Shelton was duly elected
to the office of Assistant Secretary of the Company in the Company's Central
Carolina Division; and
WHEREAS, Elizabeth Shelton transferred to the Company's Coastal
Carolina Division and has been promoted to the position of Assistant Vice President
of the Company, and it is now desirable to grant her additional duties and authority
for that division.
NOW, THEREFORE, BE IT RESOLVED, that Elizabeth Shelton is
hereby elected to the office of Assistant Vice President of the Company (the
"Assistant Vice President) in the Company's Coastal Carolina Division (the
"Division'), to serve until the next annual meeting of the directors of the Company
and until her successor is duly elected and qualified or until her earlier death,
resignation or removal.
RESOLVED FURTHER, that the Assistant Vice President is hereby
authorized and empowered, in the Wilmington area (the "Area') of the Division 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
"Entities'), (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 "Apliroving_O icers'), 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,
casement, leasehold or other tangible or intangible property, right or interest, and any
A? ITE;
u
JUN 16 2020 .'•.
BY
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, the Assistant Vice President is hereby authorized and empowered,
in the name and on behalf of the Entities in the Area, 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 Area, the Assistant Vice President shall be authorized and
empowered, in the name and on behalf of the Entities in the Area, 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 effective as of the date hereof, Elizabeth
Shelton is hereby removed from the office of Assistant Secretary of the Company.
RESOLVED FURTHER, that effective as of the date hereof, the authority
hereby granted to the Assistant Vice President supersedes authority previously
granted by Written Consent of Executive Committee of the Board of Directors to the
Assistant Vice President.
IN WITNESS WHEREOF, the undersigned has signed on the I Ith day of April, 2019.
Ashley Dagley
Assistant Secretary
UMWAL'I%Wf HAMWI ILO rpd
w—
JUN 16 1010 nf;Zr
i
Project Name:
Permit N:
Transfer Application Completeness, Review Checklist - Short Version
ve2sac Date Delivered to WI RO:
Project County/Location:
Permit Expriation Date:
IZ
Proposed Permittee Type & Documents Needed:
0
& 2c;
BIMS Received/Accepted Date: (�Jy
ft Lo
RIMS Acknowledged Date l: Z 2�
If w/in 6 mo, stop - needs renewal UNLESS only
new permittee is submitting
Property Owners) 0Purchaser
Lessee
E]HOA Developer
Viable? Viable?
EJ Viable?
Viable? Viable?
®Deed Purchase Agmt
LeaseElection
Minutes
❑ Not Subdivided: Deed
F-150% Sold List (only if HOA doesn't sign)
Subdivision: Common Area Deed
FlCommon Area Deed in HOA's Name
Deed Restrictions Recorded
Current Permittee Signed Application?
N
F-1PE Certification
If not, Dissolved/No Longer Owns
y / N
F1BUA/Lot Summary
Property/ Not Living
E10&M (If HOA Signed Application)
Proposed Permittee Signed Application?
�N
Paperwork
©Application
®Fee:
®$505 (within 6mo) Checldl(s): 5 74
Deed Restrictions, if subdivided:
F-1PE Certification
Project Narrative
Easements, Recorded (2017 Rules)
1--10&M on File (unless new one from HOA)
Electronic Copies
NOTES:
1Enter BIMS Acknowledged Date on this Sheet
EMAILED ENGINEER DATE:
REVIEWER NAME:
,5rc-- d E
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 20200131
State of North Carolina
Department of Environment and Natural Resources >��6�Q� IAI
Division of Water Quality
I
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANG FORM 5 ZOPO
I. CURRENT PERMIT INFORMATION ---�
1. Stormwater Management Permit Number: SW8 081209
2. Project Name:
Riverside
3. Current Permit Holder's Company Name/Organization: Clearly Development, Inc.
4. Signing Official's Name: Anthony W. Sydes Title: President
5. Mailing Address: PO Box 7227
City: Jacksonville State: NC Zip: 28546
6.Phone: ()
Fax: (_)
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: D.R. Horton, Inc.
2. Proposed permittee's signing official's name: Elizabeth Shelton
3. Proposed permittee's title: Vice President
4. Mailing Address: 131 Racine Dr., Suite 201
City: Wilmington State: NC Zip: 28403
Phone: 91( 0 ) 515-9561 Fax:( 1
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
® Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev24Sept2012 Page 1 of 4
III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
current permit holder and the new applicant if this is a change of ownership,
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the Permit.
4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing
fee is not required. Subsequent ownership transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
® Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
1 Anthony W. Sydes the current permittee, am submitting this application
for a transfer of ownership for permit # SW8 081209 . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed lermitte named in Sections II and V of this form. I understand that this transfer of
ownership can a approved by the DWQ unless and until the facility is in compliance with the
permit.
Signatur Date: Sad �a
1, a Notary Public for the State of
County of do hereby certify that
personally appeared before me this the
�aa�atumnngr�
day of 20 ,and acknowledge,,
du(°eo@ , Pn of the
f i trum nt it s n anti official seal, (f� I��1
Nota Si nature =
0 PUBLIC n_
SSW N/O Change Rev24Sept2012 Page 2 of 4
V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
Elizabeth Shelton , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
�( the most recent permit
LJ the designer's certification for each BMP
® any recorded deed restrictions, covenants, or easements
® the DWQ approved plans and/or approved as -built plans
® the approved operation and maintenance agreement
Bpast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are nngt incllliu e�d,�thils-application package will be returned as inco plete.
Signature '�L �(_�ylMi'fW 1 Date:
1, a FuA&1AJ! a Notary Public for the State of
ALP- ,.. r'Ako L.,A44. County of AU NRaovE A- do hereby certify that
bLizNAElw SHZL-reJ personally appeared before me this the
J'7-rij day of 44%1 20?e , and ackSVjq,09.e the due execution of the
forgoing instrument. Witness my hand and official seal, 311`1. r`ry
NQNTT ot%
Notary Signatui az l
V-z j UBLIG
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW N/O Change Rev24Sept2012 Page 3 of 4
. �; ,,
• :'
�., ; _
. ' J. � „
_1 n.
}:.�