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HomeMy WebLinkAboutSW8140814_HISTORICAL FILE_20180514STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Ali 0 gl`i DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ® HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Zo \ % 0 51 LA YYYYMMDD Energy, Mineral & Land Resources ENVIRONMENTAL OVALITY May 14, 2018 ROY COOPER Governor MICHAEL S. REGAN secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Cottage Grove Homeowners Association, Inc. Attn: PJ Kelly 60 Gregory Road Belville, NC 28451 Subject: Permit Transfer under SL 2011-256 & Permit Correction State Stormwater Management Permit No. SW8 140814 Cottage Grove New Hanover County Dear Mr. Kelly: The subject permit has been transferred and corrected Permit Transfer: On April 26, 2018, the Division of Energy, Mineral and Land Resources (DEMLR) received a request from Logan Developers, Inc. to transfer the permit to a unit owner's association, owner's association, or other management entity identified in the condominium or planned community's declaration pursuant to NCGS 143-214.7(c2) and Session Law 2011-256. A file review and site inspection was performed on April 26, 2018 by DEMLR staff and as noted in the enclosed inspection report, the site is currently in compliance with the terms and conditions of the current state stormwater permit. The current permittee has attested that the requirements of Session Law 2011-256 have been met, including: I . The subdivision is subject to the requirements of Chapter 47F, aka the Planned Community Act. 2. The permittee has submitted a completed and signed FICA Permit Transfer document; 3. The permittee has submitted a copy of the recorded deed conveying any common areas of the subdivision to the Association; 4. A determination by the Division that the project is in compliance with the permit. This determination must be made in writing no more than 90 days prior to the transfer. Documents that the permittee needs to submit in order for the Division to make that determination of compliance include: a. A copy of the designer's certification for any permitted BMP's; b. A copy of the recorded deed restrictions limiting the BUA on each lot; c. Verification that the permitted maximum built -upon area per lot has not been exceeded; d. A copy of the recorded subdivision plat documenting the number of lots and the locations of all required drainage and maintenance access easements as depicted on the approved plans; e. Verification that more than 50% of the lots have been conveyed to individuals (not builders). The Division is hereby notifying you that the requirements of SL 2011-256 have been met and that permit SW8 140814 has been transferred on May 14, 2018 and to remind you that this permit shall be effective until September 3, 2022, which includes all the available extensions. For your records, please find enclosed a copy of the updated permit, a copy of the inspection report, and a copy of the Permit Transfer Request Form. Please keep this cover letter and updated permit on file at all times. Staeof Nonh Carolina I En,onmemal Quality I Energy. Mineral and Land Resources Wilmington Rrgional Of(in• 1127Cardinal Dri%c Exlatsinn I Wilminglon.NC 25405 010 79 1, 7215 State Stormwater Permit No. S W 8 180218 Page 2 of 2 Permit Correction: The previous version of the permit was issued on September 3, 2014 incorrectly listed the issuance date as the expiration date. The expiration date has been corrected to September 3, 2022. The project is subject to the conditions and limitations as specified in the updated and transferred permit. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Kelly Johnson with DEMLR in the Wilmington Regional Office at (910) 796-7215. Sincerely, � William Ei (Tobv) Vinson, Jr., PE, CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources GDS/kpj: A\\Stormwater\Permits & Projects\2014\140814 HD\2018 05 permit 140814 cc: D. Logan, President, Logan Developers, Inc. (outgoing permittee) 60 Gregory Road, Suite 1, Belville, NC 28451 Robert Balland, PE, Paramounte Engineering 122 Cinema Drive, Wilmington, NC 28403 Wilmington Regional Office Stormwater File StoMolNonh Carolina I Cnciionmcnial Quali1v 1 Encrgl'. Mincinl and L'mld Rrsrnnrrs Wilmington Regional Officc 1 127 Caniinai Dave Ex1cm ion I wilmingUat NC 2S405 910 796 i215 State Stormwater Management Systems Permit No. SW8 140914 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION INFILTRATION BASIN 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 Cottage Grove Homeowners Association; Inc. Cottage Grove Middle Sound Loop Road, Wilmington, New Hanover County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter jointly and individually 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 and considered a part of this permit. This permit shall be effective from the date of issuance until September 3, 2022 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit -is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 of this permit. The subdivision is permitted for 24 lots, each allowed a maximum of 5,500 square feet of built -upon area. The total maximum amount of built -upon allowed for this project is 175,635 square feet, as listed in the application documents. The system can store at least 2.5 times the minimum design storm, therefore neither an LSNFS nor an offline bypass are required. 5. All stormwater collection and treatment systems must be located in either public rights -of -way or dedicated common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. 6. The project shall provide and maintain a 50-foot-wide buffer adjacent all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers, and the mean high water line of tidal waters. 7. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 3 of 9 State Storinwater Nlanagement Systems Permit No. S\V3 140814 The following design elements have been approved for this infiltration basin stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ftz: Offsite, ftz: b. Total Impervious Surfaces, ftz: Lots at 5,500 ft2: Roads/Parking, ftz: Other, ftz: Offsite, ftz: C. Basin Depth, feet: d. Design Storm, in: e. Bottom Elevation, FMSL: f Permitted Surface Area @Bottom, ftz: g Permitted Storage Volume, ft3. h. Storage/Bypass Elevation, FMSL: i Type of Soil: j.. Expected Infiltration Rate, in/hr: k. Time to Draw Down, hours: I. Receiving Stream / River Basin: m. Stream Index Number: n. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 8.07 351,500 N/A 175,635 132,000 37,000 . 6.635 N/A 2.1 1.5 23.0 8,727 22,502 27.5 Johnston 0.8 37.7 Howe Creek / Cape Fear 18-87-23 "SA;ORW >'/z mile" The permittee shall not alter any aspect or any component of the approved stormwater drainage and collection system, or pipe any ditches or swales shown on the approved plans, except for a minimum driveway pipe, unless and until the permittee shall have submitted a modification to the permit and received approval from the Division. Additionally, the permittee shall not allow any homeowner, lot owner, builder or developer to alter any aspect or any component of the approved stormwater collection system or to pipe any ditches or swales shown on the approved plans, except for minimum driveway crossings, unless and until the permittee shall have submitted a revision to the permit and received approval from the Division. 2. The permittee shall routinely monitor the project to ensure that the proposed built -upon area for the entire project including lot BUA, streets, recreation facilities and sidewalks, does not exceed the permitted maximum allowable built - upon area. Where the permittee finds a noncompliance with the permit on an individual lot, the permittee shall notify the lot owner in writing, requiring remediation of the noncompliance within a reasonable time frame, and shall follow-up to ensure that the noncompliance has been resolved. 3. The permittee is responsible for approving and monitoring all driveway pipe installation on individual lots. The permittee shall assure that all piping shall be that minimum amount and diameter necessary to adequately pass the drainage underneath the driveway, while maintaining a 3:1 side slope. The permittee shall not approve any lot plan where the permitted maximum BUA limit is exceeded, or where piping of ditches or swales is proposed, or where excessive driveway piping is proposed, without first submitting a permit modification and receiving approval from the Division. Page 4 of 9 Statc Stormwatcr Management Systems Pentit No. S\\18 140814 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 permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further subdivision, acquisition, or sale of all or part of the project area. d. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. e. The construction of any future BUA listed on the application. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. 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. 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. 11. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function as designed. The approved Operation and Maintenance Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals listed in the O&M Agreement. 12. Records of maintenance activities must be kept and made available upon request to authorized personnel of DENR. The records will indicate the date, activity, name of person performing the work and what actions were taken. Pagc 5 of 9 State Stormwater Management SVS1CmS Permit No. SW8 140814 13. 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 140814, as issued by the Division under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 5,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to; structures, asphalt, concrete, gravel, brick,.stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All affected lots shall provide a 50-foot-wide buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers, and the mean high water line of tidal waters. h. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. I. 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. j. Built -upon area in excess of the permitted amount will require a permit modification. k. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in G.S. 143 Article 21. 14. 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. 15. Prior transfer of the permit, the stormwater facilities must be inspected by the Division and 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. 16. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Page 6 of 9 Statc Stormwater Management Systems Pcrmit No. SW8 140814 III. GENERAL CONDITIONS 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 Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. An ownership change including 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; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association; subject to the requirements of Session Law 2011-256; c. Bankruptcy; d. Foreclosure: e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. 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 G.S. 143 Article 21. 4. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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) which have jurisdiction. 6. In the event that the facilities fail to perform satisfactorily 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 permit may be modified. revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 8. The Permittee grants permission to staff of the DENR to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 9. Approved plans, supplement forms, O&M Agreements and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, the supplement forms, the Operation and Maintenance Agreements, and the approved plans and specifications shall be maintained on file by the Permittee at all times. 10. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal application shall include the required application, appropriate application fee and documentation. Permit issued this the 141h day of May 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION {Tracy Da*. P.E., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 7 of 9 Statc Stormwater Management Systems Permit No. SNV8 140814 Cottage Grove Page 1 of 2 Stormwater Permit No. SW8 140814 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number ME SEAL Page 8 of 9 State Stormwater Management Systems Pcrmit No. SWS 140814 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the level spreader / vegetated filter strip. .15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Wilmington Regional Office New Hanover County Building Inspections Page 9 oC9 Compliance Inspection Report Permit: SW8140814 Effective: 09103114 Expiration: 09103/22 Project: Cottage Grove Owner: Logan Developers Inc County: New Hanover Adress: 234 Middle Sound Loop Rd Region: Wilmington City/State/Zip: Wilmington NC 28411 Contact Person: D Logan Title: Member Manaaer Phone: 910-452-7175 Directions to Project: Project is located on south side of Middle Sound Loop Road, approx. 0.25 miles from intersection of Hwy. 17 & Middle Sound Loop Road. Type of Project: Slate Stormwater - HD - Infiltration Drain Areas: 1 - On -Site Representalive(s): Related Permits: Inspection Date: 04126/2018 Entry Time: 09:00AM Primary Inspector: Brian P Lambe Secondary Inspector(s): Kelly Johnson Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: Compliant ❑ Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 10'.00AM Phone: Inspection Type: Transfer Renewal page: 1 Permit: SV/8140814 Owner- Project: Logan Developers Inc Inspection palm 0412612018 Inspection Type Transfer Renewai Reason for Visit: Fallow -up File Review Yes No NA NE Is the permit active? ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 0 ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ Is the drainace area as per the permit and approved plans? ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ❑ ❑ Are the inlets located per the approved plans? ❑ ❑ ❑ Arc the outlet structures located per the approved plans? N ❑ ❑ ❑ Comment: 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 protect has been maintained since the prior inspection. The engineer has certified that it is built per the permitted plan. page: 2 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: http://deg.nc.gov/contacNregional-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: � 2. Project name: COTTAGE GROVE Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: TRANSFER TO HOA, OVER 50% LOTS SOLD CCEI V G AUG 3 12017 BY: Stormwater Permit Transfer Application Form Page 1 of 8 April 21, 2017 B. PERSON(S) WHO HAVE SIGNED THIS FORM ® 1. Both the current and proposed permittees. ❑ 2. Only the current permittee/declarant of a condominium or planned community (skip Part F & G). In accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the properly on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select all at least one of the following): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. Slormwater Permit Transfer Application Form Page 2 of 8 April 20, 2017 C. SUBMITTAL REQUIREMENTS Please mark "Y" to confirm the items are included with this form. Please mark 'Y' if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. 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. X 4. The signed and notarized applicable operation and maintenance agreement(s) from the proposed permittee, as required by the permit. X 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. X 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. X 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. X 8. If transferring under G.S. 143-214.7(c2) (see also SL 2011-256), 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) (see also SL 2013-121), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 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. Slormwater Permit Transfer Application Form Page 3 of 8 April 20, 2017 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION 1. Current Permit Holder's Company Name/Organization: LOGAN DEVELOPERS, INC. 2. Signing Official's Name: D LOGAN 3. Signing Official's Title: PRESIDENT 4.' Mailing Address: 60 GREGORY ROAD, SUITE 1 City: BELVILLE State: NC ZIP: 28451 5. Street Address: 60 GREGORY ROAD, SUITE 1 City: BELVILLE State: NC ZIP : 28451 6. Phone: (910) 332-3524 Email: DLOGAN (of LOGANHOMES.COM Lo ,�z A3,�, , the current permittee, am submitting this application for a transfer of own6rship 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 approved by the DEMLR unless and until the facility is in compliance with the permit. Signature: �� Date: County of that IZ_/ this the S execution of the forgoing instrument. Witness my hand and official seal, JESSINOT RY PUBL CZ. AKIAS North My Commission a Notary Public for the State of do hereby certify personally appeared before me 204_, and acknowledge the due Notary Signature: Stormwater Permit Transfer Form \/ Page 4 of 8 April 20, 2017 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ❑ Property owner (skip Part G) ® Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (skip Part G) ❑ Lessee (Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner.) ❑ Purchaser (Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner.) ❑ Developer (Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner.) 2. Proposed permittee name (check one of the following and provide the name): ❑ Corporation, LLC, Partnership, Municipality name: ® HOA / POA / LOA name: COTTAGE GROVE HOMEOWNERS ASSOCIATIONS, INC. ❑ Sole Proprietor 3. Proposed permittee contact information: a. Signing Official's Name: PJ KELLY b. Signing Official's Title: VICE PRESIDENT c. Mailing Address: _60 GREGORY ROAD City: BELVILLE State: NC ZIP: 28451 d. Street Address: 60 GREGORY ROAD City: BELVILLE State: NC ZIP: 28451 e. Phone: (910) 332-3524 Email: PJ a LOGANHOMES.COM 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: a. Management Company or Business name: b. Contact Name: c. Mailing Address: d. City: e. Phone: ( ) Email: Title: ECEI !N E DEC 21 20V BY: ZIP: Slormwaler Permit Transfer Application Form Page 6 of 8 April 20, 2017 F. PROPOSED PERMITTEE CERTIFICATION I, � J. %di y , hereby notify the DEMLR that I have acquired through sale, lease, development a ement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): ® the most recent permit; ® the designer's certification for each SCM; ® any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; ® the approved operation and maintenance agreement; ® past maintenance records from the previous permittee (where required); ® a copy of the most recent inspection report; ❑ Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a 'plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the 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 requirements listed in the permit and in the operation and maintenance agreement. Signature: Date: Z 18 1-7 I, V at lq �•//''Vd,MI/L0-&• LJ a Notary Public for the State of /VD✓`f% " o 1.4 A County of �l Lit R,2 a do hereby certify th �S ke personally appeared before me this the day of20 /%, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, JESSICA Z. NOTARYPAIVIVCAKIAS y Sel ew Hanover County North Carolinat// AV Commission Expires Notary Signature My commission expires a y ,v Ir i l � � f tr Stormwaler Permit Transfer Application Form Page 7 of 8 April 20, 2017 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner 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: ZIP : I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Attachment B will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner my hand and official seal, (Notary Seal) Notary Signature My commission expires_ 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 Stormwater Permit Transfer Application Form Page 8 of 8 April 20, 2017 Johnson, Kel From: Sent: To: Cc: Subject: Attachments: Jessica Vamvakias <jv@loganhomes.com> Monday, May 14, 2018 10:04 AM Johnson, Kelly; Robert Balland Lambe, Brian RE: [External] RE: SW8 140814, Cottage Grove Cottage Grove - SW8 140814 Good Morning. I am sorry, I sent directly to Brian. I have attached that email — he made another site visit that next day. Jessica Vamvakias I Executive Administrator p. 910.332.3524 c. 207-653-8387 f. 910.332.3528 From: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Sent: Monday, May 14, 2018 9:24 AM To: Robert Balland <rballand@paramounte-eng.com> Cc: Jessica Vamvakias <jv@loganhomes.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove Robert, Has this come back in yet? Thanks, Kelly From: Johnson, Kelly Sent: Wednesday, April 11, 2018 4:01 PM To: 'Robert Balland' <rballand@paramounte-eng.com> Cc: Jessica Vamvakias <jv@loganhomes.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove OK. The new due date will be 4/25/18. 1 Thanks, Kelly 1^� From: Robert Balland [mailto:rballand@paramounte-eng.com] Sent: Wednesday, April 11, 2018 3:56 PM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.eov> Cc: Jessica Vamvakias <iv@loganhomes.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove o External email.,:Domot click links or open attachments unless verified -Send all suspiciousemail as an attachment to, r Re ort S anise:. Kelly, Good afternoon. In light of Brian's attached email, we are working towards completing the outstanding items and once they are complete, we will re -certify with riprap aprons shown as noted in his report. Your extension was today, but we will need more time to complete these tasks, can we get another two weeks to complete? Thank you, Robert P. Balland, P.E., LEED AP Pararnounte 6ngineering. Inc. l 122 Cinema Drive I Wilmington. NC 28403 Office: (910) 791-6707 1 Cell: (910) 619-1 186 1 Pax: (910) 791-6760) 1 www.naramounte-ene.com From: Johnson, Kelly <kelly.p.iohnson@ncdenr.eov> Sent: Thursday, March 29, 2018 9:35 AM To: Robert Balland <rballand@paramounte-ene.com> Cc: Jessica Vamvakias <iv@loeanhomes.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove OK. The new due date will be 4/11/18. Thanks, Kelly From: Robert Balland [mailto:rballand(a@paramounte-ene.com] Sent: Wednesday, March 28, 2018 11:55 AM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Cc: Jessica Vamvakias <jv@loeanhomes.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove Kelly, Compliance Inspection Report Permit: SW8140814 Effective: 09103114 Expiration: 09/03/22 Project: Cottage Grove Owner: Logan Developers Inc County: New Hanover Adress: 234 Middle Sound Loop Rd Region: Wilmington City/StatelZip: Wilmington NC 28411 Contact Person: D Logan Title: Member Manaaer Phone: 910-452-7175 Directions to Project: Project is located on south side of Middle Sound Loop Road, approx. 0.25 miles from intersection of Hwy. 17 & Middle Sound Loop Road. Type of Project: Stale Stormwater - HD - Infiltration Drain Areas: 1 - On -Site Represenlative(s): Related Permits: Inspection Date: 04/26/2018 Entry Time: 09:OOAM Exit Time: 10:OOAM Primary Inspector: Brian P Lambe Phone: Secondary Inspector(s): Kelly Johnson Reason for Inspection: Follow-up Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: Compliant ❑ Not Compliant Question Areas: Stale Stormwater (See attachment summary) page: 1 Permit: SVd8140814 Owner - Project Leann Developers Inc Inspection Date: 041262018 Inspection Type Transfer Renewal Reason for Visit: Follow-up File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑ Signed copy of the Operation & Maintenance Aareement Is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? N ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? 0❑ 110 Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures beino maintained and operated as per the permit requirements? 0 ❑ ❑ ❑ Are the SW I inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: The project has been maintained since the prior inspection The engineer has certified that it is built per the permitted plan. page: 2 R S� Johnson, Kelly From: Jessica Vamvakias <jv@loganhomes.com> Sent: Wednesday, April 25, 2018 11:42 AM To: Lambe, Brian Cc: Robert Balland Subject: Cottage Grove - SW8 140814 Attachments: IMG_0002.jpeg, IMG_0003.jpeg, IMG_0007.jpeg Good Morning Brian, I hope this finds you well. Attached are some pictures of the work that was done at the storm water basin. I do not think that they did exactly what we discussed at the inlet, but what are your thoughts? I did not want to delay getting pictures to you as I know they are due today. Thanks, Jessica Vamvakias I Executive Administrator p. 910.332.3524 c.207-653-8387 f. 910.332.3528 1 Johnson, Kelly From: Johnson, Kelly Sent: ' Wednesday, April 11, 2018 4:01 PM To: 'Robert Balland' Cc: Jessica Vamvakias Subject: RE: [External] RE: SW8 140814, Cottage Grove OK. The new due date will be 4/25/18. Thanks, Kelly From: Robert Balland [mailto:rballand@paramounte-eng.com] Sent: Wednesday, April 11, 2018 3:56 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Cc: Jessica Vamvakias <jv@loganhomes.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove Kelly, Good afternoon. In light of Brian's attached email, we are working towards completing the outstanding items and once they are complete, we will re -certify with riprap aprons shown as noted in his report. Your extension was today, but we will need more time to complete these tasks, can we get another two weeks to complete? Thank you, Robert P. Balland, P.E., LEED AP Para1110unte Engineering, Inc. 1 122 Cinema Drive I Wilmington, NC 28403 Office: (910) 791-6707 1 Cell: (910) 619-1 1861 Pax: (910) 791-6760) 1 www.paramounte-cnb coin From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Sent: Thursday, March 29, 2018 9:35 AM To: Robert Balland <rballand@paramounte-eng.com> Cc: Jessica Vamvakias <[v@loganhomes.com> Subject: RE: [Externall RE: SW8 140814, Cottage Grove OK. The new due date will be 4/11/18. Thanks, Kelly J From: Robert Balland [ma ilto:rballand@paramounte-eng.com] Sent: Wednesday, March 28, 2018.11:55 AM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Cc: Jessica Vamvakias <]v@loganhomes.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove n External email. Do not click links or open attachments unless Jerified;Send m all susp'icl6us eai has antattacfimentTtyyo s'.t RePortSAam_ `,' Kelly, We are working with outside consultants to address the concerns with infiltration rate. We are also reviewing the on- going erosion control issues and working on a plan of action. We respectfully request a two week extension to submit our findings and plan of action. Thankyou Mrs Robert P. Balland, P.E., LEED AP Paramountc lingincering, Inc. 1 122 Cinema Drive I Wilmington, NC 28403 Office: (910) 791-6707 1 Cell: (910) 619-1 1861 Pax: (910) 791-6760) 1 NvwNy.paramounte-ene.com From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Sent: Monday, March 12, 2018 4:32 PM To: Robert Balland <rballand@paramounte-eng.com> Subject: RE: [External] RE: SW8 140814, Cottage Grove Rob, Please see attached. Thanks, Kelly From: Robert Balland [mailto:rballand@paramounte-eng.com] Sent: Thursday, February 8, 2018 8:30 AM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> Cc: Jessica Vamvakias <iv@loganhomes.com> Subject: [External] RE: SW8 140814, Cottage Grove o External email: Do not chck�lmks or opeh attachments unless3enfied Send all suspicious email as an attachmyent to3, ,ra -p'`4w £x.y ,a'£;,p n .'` ,» s r' �.. e���. �mnlR'✓,.i yet Re'brt 5" am.' `' ;. Kelly, Good morning. We inspected the basin and the deficiencies noted in your inspection have been addressed. Please let me know if you need anything further from us. Thank you, FA • e From: Johnson, Kelly[mailto:kelly.p.iohnson@ncdenr.gov] Sent: Tuesday, February 6, 2018 9:42 AM To: Robert Balland <rballand@paramounte-eng.com> Subject: SW8 140814, Cottage Grove Rob, We received the response on this on 12/21, and it said that the infiltration basin would be fixed by early February. The letter also says that erosion between Lots 12 and 13 was still being addressed. What is the status of this project? Is it ready for re -inspection? I haven't gone through the whole 12/21 package yet. I was planning to do so once everything was done. Thanks, Kelly 1- BtU Jok sovk, Kelly Johnson Environmental Engineer INC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. - "T `dc%" oN a all? - �te'rupw T //et`�p ° State Stormwater Inspection Report General Project Name: O Permit No: SW8 1�4Qj kq Expiration Date: Contact Person: Phone Number: Inspection Type: Inspection Date: 3/lO�t p Time In: Time Out: Current Weather: Recent Rain (Date)? Rain — in Location Facility Address / Location: City: Zip: County: Lat: "N Long: - "W Permit Information Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one): High (HD) . Low (LD) Stormwater Best Management Practices (BMPs) (insert number of each): Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands Dry Ponds Bioretention Permeable Pavement _Sand filters (circle one) Open Closed Cistern Level Spreader/Filter Strip Other (specify): File Review Yes No N/A N/E I. Is the permit active? 2 Signed Engineers Certification on file? 3. Signed Operation and Maintenance agreement on file? 4. Recorded Deed Restrictions on file? Site Visit Ruilt Unnn Area IRUA1 - Yes No NIA N/E 5. BUA is constructed and consistent with the permit requirements? 6. BUA (aspermitted) is graded such that the runoff drains to the system? (high density only) 7. Drainage area inconsistent withpermit? i.e. no un ermitted drainage to the SW BMPs 8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs .OV Site Visit: Stormwater BMPs Yes No N/A N/E 9. Stormwater BMPs are located per the approvedplans? _ 10. Stormwater BMPs have dimensions (e . length, width, area) matching the approvedplans? 11. Stormwater BMPs are constructed per the approvedplans? Site Visit: Operation and Maintenance —Yes No N/A N/E 12. Access points to the site are clear and well maintained? 13. Trash has been removed as needed? 14. Excessive landscape debris ( grass clippings, leaves, etc) is'controlled? 15. Stormwater BMPs being operated and maintained as per the permit requirements? i 16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only)' - Yes No N/A N/E 17. Is the site Yes No N/A N/E 18. Is the site compliant with State Siomnvater Inspection Report. Version 3.0_3-09 Page I of 2 , State Stormwater Inspection Report Qru' , &I a" or itc AQ&& t o A t site Compliance Status ❑ Compliant ❑ Non -Compliant Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other Date Sent: Reference Number: Inspector Name and Sig Date: 124A-7 kW-x- S is lrY-\kv&\ CVxVvAo ip Oolkfc-kicy < 54eft\' U 6 State Stonmcater Inspection Report, Version 3.0_3-09 Page 2 o1 2 State Stormwater Inspection Report —1olt3111 -PQ.1• I ClUQN Tc. 1LT Project Name: �' Permit No: SW8 JLJ06 Iq Expiration Date: Contact Person: Phone Number: Inspection Type: Inspection Date: 10 �� 9�1� t - ✓-- l"time In: ' •Q� `'"Time Out: ; btu----� _ Current Weather: _ Recent Rain (Date)?'inn+)'-�?n�tne� v Rain— in Location Facility Address / Location: 14 slit , G City: zip: County: Qjl Hh Lai: I"N Long: - 0 1"W Permit Information Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one). High (HD) Low (LD) Stormwater Best Management Practices (13MPs) (insert number of each): Wet Ponds 1. Infiltration Basins Infiltration Trenches LD Swalcs Stormwater Wetlands Dry Ponds Bioretention Permeable Pavement _Sand filters (circle one) Open Closed _Cistern Level Spreader/Filter Strip Other (specify): File Review Yes No N/A N/E 1. Is the permit active? 2. Signed Engineer's Certification on file? 3. Signed Operation and Maintenance agreement on File? 4. Recorded Dced Restrictions on file? site Visit Built Unon Area IBUAI Yes No N/A _ N/E 5. BUA is constructed and consistent with the permit requirements? T—✓— —~— J _� 6. 13UA (aspermitted) is graded such that the runoff drains to the system? (high density only) / I 7. Drainage area is consistent withpermit? (i.e. no im ermitted drainage to the SW BMPs)) f S. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs) Site Visit: Stormwater BMPs Yes_No__N/A-, N/E.- 9. Stormwater BMI's are located per the approved plans? 10. Stormwater BMPs have dimensions (eg. length width, area) matching the approved plans? 11. Stormwater BMPs are constructed per the approved plans? �✓ �_ i Site Visit nnerntinn and Maintenance _ Yes_-No__N/A N/E 12. Access points to the site are clear and well maintained? 13. "trash has been removed as needed? � 14. Excessive landscape debris (grass clippings, leaves, etc) is controlled? 15. Stormwater BMI's being operated and maintained as per the permit requirements? I / 16. Inspection and Maintenance records are available for inspection? (high density only, 1995 —present only) No N/A N/E I IT Is the site compliant with other conditions of the permit? I I I I I 18. Is the site compliant with other water quality issues as noted during the inspection? I I 1 I I State Stormwater Inspection Report, Version 3.0_3-09 Page 1 of 2 State Stormwater Inspection Report Ser C e:cs,o.' on rnC.ltraiton 6.LS,n slope 66- Lis K`!'1S, Ihere �s a t�ra,na.S¢ Sw Je tans tr. J,,,1 1xt ¢en G l3T /2 r.g.y.r, c,t ...a1, f.,6, po k is not , nF, I}r}.�.�. �e9 10 = O.i$` ���,,. �tr�etak.n. mosi�1 c�el�arWeej.. SOA C $Qa1 wC QCC ✓rn✓VJ,w 0j 4*41, QA fo,Ats, Or the pictures taken during the site Compliance Status ❑ Compliant Z5' Non -Compliant Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other Date Sent Reference Number: Inspector Name and Signatu State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2 1. Most Recent Issue Date: Permit Transfer SW8 140814 K. Johnson Notes Date: 11/15/17 9/3/14 2. Current Permittee: Logan Developers, a. SoS. Active?: Yes b. SoS, Current Person: DI Logan c. Original Signature w/Signature Authority? Yes 3. Proposed Permittee: Cottage Grove Homeowners Association, Inc. a. SoS. Active?: Yes b. SoS, Current Person: Need Documentation c. Original Signature w/Signature Authority? TBD — NOTE, Patrick Lennon (Treasurer) is listed. Need PresNP (and that person works for Logan Homes) 4. Session Law 2011-256 (Westport Law): Transfer to HOAs a. 50% lots are sold to individual: List Submitted b. Common area transferred to HOA: Common Area Deed on File c. Permit is in compliance? TBD d. Recorded Deed Restrictions: Yes e. PE Cert: f. 0&M: 5. Inspection: a. Inspector: b. Date: c. Issues: Yes (5/11/16) Yes Inc. B. Lambe 10/16/17 See Inspection Report Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY March 12, 2018 Logan Developers, Inc: Attn: D. Logan, President 60 Gregory Road, Suite 1 Belville, NC 28451 ROY COOPER Governor MICHAEL S. REGAN secretary TRACY DAVIS Director Subject: Request for Additional information and Notice ol'Non-Compliant Inspection Stormwater Project No. SW8 140814 Cottage Grove New Hanover County Dear Mr. Logan: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application to transfer the subject project on September 12, 2017. The project was inspected on October 16, 2017 in support of this request. The DEMLR was notified on February 6, 2018 that the necessary work had been done to the site and that it was ready for inspection. The site was inspected again on ,March 6, 2018. A preliminary, in-depth review of the information submitted has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information: Inspection: a. Infiltration Basin: i. 11/20/17 DEMLR Letter: The infiltration basin is not infiltrating. The most recent rain before the October 16th inspection was on October I Oth where there was 0.78in of rain. The basin has been designed to infiltrate the water within 5 days. Please address this issue. ii. 12/20/17 Response: The contractor is currently addressing the erosion control issue adjacent to the infiltration basin. Once the erosion control issue has been addressed, the bottom of the basin will be cleaned of sediment and clean sand backfill put in its place. We estimate this work to be complete by early February 2018. in. 3/12/18 DEMLR Letter: Please seethe photos and rain log in Attachment A. The basin does not appear to be infiltrating appropriately. Please address this issue. b. Erosion: i. 11/20/17 DEMLR Letter: There is erosion on the basin slope between Lots 14 and 15. ii. 12/20/17 Response: Erosion between lots 14 and 15 has been addressed. However, erosion between lots 12 and 13 is currently being addressed. iii. 3/12/18 DEMLRLetter: Please ensure that all erosion issues are addressed. State of North Carolina I Envil'onmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28,105 910 79h 7215 c. Swale: State Stormwater PermitNo. SWS 140814 Page 2 of 2f i. 11/20/17 DEMLR Letter: A lined/rip-rapped swale has been constructed between Lots 12 & 13 that is not on the approved plans. ii. 12/20/17 Response: This is for incidental lot drainage. All impervious runoff is directed towards the piped collection system. The swale is not used for treatment. in. 3/12/18 DEMLR Letter: 1f thatis the case, then please submit a stamped/sealed statement to be attached to the certification. It appears from the photos that this is an additional inlet that needs to be added to the plans via a Plan Revision. d. Sediment i. 11/20/17 DEMLR Letter: Sediment is beginning to accumulate at both ent�,, points of the infiltration basin. ii. 12/20/17 Response: The infiltration basin will be cleaned once the erosion is stabilized. iii. 3/12/18 DEMLR Letter: Please ensure that the basin is -free from sediment while working to ensure the basin infiltrates 2. I-IOA Contact Person: The items previously discussed in this item have been addressed. Please remember to confirm that any revised information is presented consistently throughout the application documents including calcuIallions, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A i\'CAC 021-1.1042(2). Please submit a Plan of Action to correct the infiltration basin including a target date for completion by March 28, 2018. If additional time is needed to submit the requested information please e-mail, mail, or fax your extension request,, prior to the original due date, to the Division using the contact information available in this letter. The extension request must include a justification and a date of when the requested information will be submitted to the Division. Please remember that extension requests delay the issuance of the Final permit. The Division is allowed 90 days from the receipt of a complete application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement aciion pursuant to NCGS 143-215.6A. Please reference the State assigned application 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 kelly.p.j oh nson@ncdenr. goy. Sinb on Enntal Engineer GDS/kpj: A\\StonnwaterAPermits & Projects\2014\140814 I D\2018 03 addinfo 140814 enc: Inspection Repor Attachment A — Inspection Photos cc: Robert Balland, PE, Paramounte Engineering Wilmington Regional Office Stormwater Permit File Aatcof North Carolina I Environmental Quality I Energy. Mineral and Land Resources W1hning W n lteglonal ofnce 1127 Cardinal Drive Extension I wilminglun. NC 28405 910 796 7215 Compliance Inspection Report Permit SW8140814 Effective: 09/03/14 Project: Cottage Grove Owner: Logan Developers Inc County: New Hanover Region: Wilmington Expiration: 09/03122 Across; 234 Middle Sound Loop Rd CitylStatelZip: Wilmington NC 28411 Contact Person: D Logan Title: Member Manager Phone: 910-452-7175 Directions to Project: Project is located on south side of Middle Sound Loop Road, approx. 0.25 miles from intersection of Hwy. 17 & Middle Sound Loop Road. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1- On-Site Representative(s): Related Permits: Inspection Date: 03/06/2018 Entry Time: 12:OOPM Primary Inspector: Brian P Lambe Secondary Inspector(s): Kelly Johnson Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 01:OOPM Phone: Inspection Type: Transfer Renewal page: 1 Permit: SW8140814 Owner - Project: Loran Developers Inc Inspection pate: 03/06/2018 Inspection Type Transfer Renewal Reason for Visit: Follow-up File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? N ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? E ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ E ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWO upon request? Comment: 1. The infiltration basin is not infiltrating appropriately 2. Please continue to monitor erosion issues. 3 The engineer reports that a rip rap swale not on the plans is for incidental drainage See inspection letter. 4. Please ensure that the basin is free from sediment. page: 2 I Wilmington, NC A Wilmington International Weather History for KILM - March, 2018 View Tuesday, March 6, 2018 Daily I Weekly I Monthly I Custom Temperature P O 10:21 AM EDT on March 12, 2018 (GMT -0400) Actual Average Record Mean Temperature 48 °F 52 °F Max Temperature 63 °F 64 °F 84 °F (1976) Min Temperature 33 `F 41 °F 21 °F (1960) Degree Days Heating Degree Days 17 13 Month to date healing degree days 81 80 Since 1 July heating degree days 1883 2009 Cooling Degree Days 0 0 Actual Average Record Month to dale cooling degree days 3 0 Year to date cooling degree days 41 5 Moisture Dew Point 42 °F Average Humidity 72 Maximum Humidity 93 Minimum Humidity 50 Precipitation Precipitation 0.05 in 0.14 in 1.92 in (1959) Month to date precipitation 1.28 0.82 Year to date precipitation 9.93 8.20 Snow Snow 0.00 in 0.00 in 0.40 in (1965) Month to date snowfall 0.0 0.0 Since 1 July snowfall 3.8 1.5 Snow Depth 0.00 in Sea Level Pressure Sea Level Pressure 29.95 in Wind Wind Speed 7 mph (ESE) Max Wind Speed 20 mph Max Gust Speed 24 mph Visibility 10 miles Events Rain T = Trace of Precipitation, MM = Missing Value Source: NWS Daily Summary Daily Weather History Graph Wilmington, NC A Wilmington International Weather History for KILM - March, 2018 March 5 2018 View Monday, March 5, 2018 Daily I Weekly j Monthly I Custom Temperature O 10:22 AM EDT on March 12, 2018 (GMT -0400) Actual Average Record Mean Temperature 46 °F 52 °F Max Temperature 58 °F 64 °F 84 °F (1955) Min Temperature 33 °F 41 °F 20 °F (1873) Degree Days Heating Degree Days 19 13 Month to date healing degree days 64 67 Since 1 July heating degree days 1866 1996 Cooling Degree Days 0 0 Month to dale cooling degree days 3 0 Year to date cooling degree days 41 5 Moisture Dew Point 21 °F Average Humidity 57 Maximum Humidity Minimum Humidity Precipitation Precipitation Month to dale precipitation Year to dale precipitation Snow Snow Month to dale snowfall Since 1 July snowfall Snow Depth Sea Level Pressure Sea Level Pressure Wind Wind Speed Max Wind Speed Max Gust Speed Visibility Events T = Trace of Precipitation, MM = Missing Value Daily Weather History Graph Actual 96 17 0:00'in 1.23 9.88 0.00 in 0.0 3.8 0.00 in 30.11 in 7 mph (NNE) 18 mph 25 mph 10 miles Average 0.13 in 0.68 8.06 0.00 in 0.0 1.5 , Record 1.37 in (1920) Source: NWS Daily Summary Wilmington, NC A Wilmington International Weather History for KILM - March, 2018 March 4 2018 View Sunday; March 4, 2018 Daily I Weekly 1 Monthly I Custom Temperature O 10:23 AM EDT on March 12, 2018 (GMT -0400) Actual Average Record Mean Temperature 46 °F 52 °F Max Temperature 57 °F 63 °F 84 °F (1976) Min Temperature 35 °F 41 °F 9 °F (1980) Degree Days Heating Degree Days 19 13 Month to date heating degree days 45 54 Since 1 July heating degree days 1847 1983 Cooling Degree Days 0 0 Month to dale cooling degree days 3 0 Year to date cooling degree days 41 5 Moisture Dew Point 27 °F Average Humidity 59 Maximum Humidity Minimum Humidity Precipitation Precipitation Month to date precipitation Year to dale precipitation Snow Snow Month to date snowfall Since 1 July snowfall Snow Depth Sea Level Pressure - Sea Level Pressure Wind Wind Speed Max Wind Speed Max Gust Speed Visibility Events T = Trace of Precipitation, MM = Missing Value Daily Weather History Graph Actual 85 32 0.00 in 1.23 9.88 0.00 in 0.0 3.8 0.00 in 30.15 in 10 mph (North) 23 mph 30 mph 10 miles Average 0.14 in 0.55 7.93 0.00 in 0.0 t5 Record 1.36 in (2012) 0.10 in (1931) Source: NWS Daily Summary THE PERFECT PINEHURST - r iR''� ^' EXPERIENCE Wilmington, NC A Wilmington International O 10:23 AM EDT on March 12, 2018 (GMT -0400) Weather History for KILM - March, 2018 3 2018 View Saturday, March 3, 201B Daily I Weekly I Monthly I Custom Actual Average Record Temperature Mean Temperature 49 °F 52 "F Max Temperature 59 °F 63 °F 88 "F (1976) Min Temperature 38 "F 41 °F 14 °F (1980) Degree Days Heating Degree Days 16 13 Month to date healing degree days 26 41 Since 1 July heating degree days 1828 1970 Cooling Degree Days 0 0 Month to date cooling degree days 3 0 Year to date cooling degree days 41 5 Moisture Dew Point 21 °F Average Humidity 34 Maximum Humidity Minimum Humidity Precipitation Precipitation Month to date precipitation Year to dale precipitation Snow Snow Month to date snowfall Since 1 July snowfall Snow Depth Sea Level Pressure Sea Level Pressure Wind Wind Speed Max Wind Speed Max Gust Speed Visibility Events T = Trace of Precipitation, MM = Missing Value Daily Weather History Graph Actual 45 23 0.00 in 0.0 3.8 0.00 in 30.06 in 15 mph (NW) 30 mph 38 mph 10 miles Average 0.14 in 0.41 7.79 0.00 in 0.0 1.5 Record 1.68 in (1991) LI 0.80 in (1962) Source: NWS Daily Summary Wilmington, NC A Wilmington International Weather History for KILM - March, 2018 March 2 2018 View Friday, March 2, 2018 Daily I Weekly I Monthly I Custom Temperature O 10:23 AM EDT on March 12, 2018 (GMT -0400) Actual Average Record Mean Temperature 55 °F 52 °F Max Temperature 62 °F 63 °F 85 °F (1976) Min Temperature 47 °F 40 °F 16 °F (1980) Degree Days Heating Degree Days 10 14 Month to date heating degree days 10 28 Since 1 July heating degree days 1812 1957 Cooling Degree Days 0 0 Month to date cooling degree days 3 0 Year to date cooling degree days 41 5 Growing Degree Days 4 (Base 50) Moisture Dew Point 31 "F Average Humidity Maximum Humidity Minimum Humidity Precipitation Precipitation Month to date precipitation Year to date precipitation Snow Snow Month to date snowfall Since 1 July snowfall Snow Depth Sea Level Pressure Sea Level Pressure Wind Wind Speed Max Wind Speed Max Gust Speed Visibility Events T = Trace of Precipitation, MM = Missing Value Daily Weather History Graph Actual 54 84 24 0.00 in 0.0 3.8 0.00 in 29.89 in 21 mph (WNW) 35 mph 46 mph 10 miles Average 0.13 in 0.27 7.65 0.00 in 0.0 1.5 Record 4.38 in (1994) 5.20 in (1980) Source: NWS Daily Summary Wilmington, NC A Wilmington International Weather History for KILM - March, 2018 March 1 View Thursday, March 1, 2018 Daily I Weekly i Monthly I Custom Temperature r" O 10:24 AM EDT on March 12, 2018 (GMT -0400) Actual Average Record Mean Temperature 68 °F 51 °F Max Temperature 73 °F 63 °F 83 °F (1918) Min Temperature 62 °F 40 °F 23 °F (1980) Degree Days Heating Degree Days 0 14 Month to date heating degree days 0 14 Since 1 July heating degree days 1802 1943 Cooling Degree Days 3 0 Month to date cooling degree days 3 0 Year to date cooling degree days 41 5 Growing Degree Days 16 (Base 50) Moisture Dew Point 63 'F Actual Average Record , Average Humidity 87 Maximum Humidity 100 Minimum Humidity 73 Precipitation Precipitation 123 Fnj 0.14 in 1.66 in (1913) Month to date precipitation 1.23 0.14 Year to date precipitation 9.88 7.52 Snow Snow 0.00 in 0.00 in 0.80 in (1980) Month to date snowfall 0.0 0.0 Since 1 July snowfall 3.8 1.5 Snow Depth 0.00 in Sea Level Pressure Sea Level Pressure 29.84in Wind Wind Speed 11 mph (SW) Max Wind Speed 30 mph Max Gust Speed 38 mph Visibility 6 miles Events Rain T = Trace of Precipitation, MM = Missing Value Source: NWS Daily Summary Daily Weather History Graph Johnson, Kelly From: Robert Balland <rballand@paramounte-eng.com> Sent: Thursday, February 8, 2018 8:30 AM To: Johnson, Kelly Cc: Jessica Vamvakias Subject: [External] RE: SW8 140814, Cottage Grove Kelly, Good morning. We inspected the basin and the deficiencies noted in your inspection have been addressed. Please let me know if you need anything further from us. Thank you, •.. From: Johnson, Kelly[mailto:kelly.p.johnson@ncdenr.gov] Sent: Tuesday, February 6, 2018 9:42 AM To: Robert Balland <rballand@paramounte-eng.com> Subject: SW8 140814, Cottage Grove Rob, We received the response on this on 12/21, and it said that the infiltration basin would be fixed by early February. The letter also says that erosion between Lots 12 and 13 was still being addressed. What is the status of this project? Is it ready for re -inspection? I haven't gone through the whole 12/21 package yet. I was planning to do so once everything was done. Thanks, Kelly KBtLLLJ Johvl,sow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Johnson, Kelly From: Robert Balland <rballand@paramounte-eng.com> Sent: Tuesday, February 6, 2018 9A6 AM To: Johnson, Kelly Cc: Jessica Vamvakias Subject: [External] RE: SW8 140814, Cottage Grove u External email Do not click links or open attaen chments unless vfied'. Send all suspicious email as amttachment to C, 1 r Kelly, I was informed by the developer the end of last week that it was corrected and ready for inspection. It is on my list for later today. I will notify you when my visit is complete and my findings. Thank you for following up. e From: Johnson, Kelly[mailto:kelly.p.johnson@ncdenr.gov] Sent: Tuesday, February 6, 2018 9:42 AM To: Robert Balland <rballand@paramounte-eng.com> Subject: SW8 140814, Cottage Grove Rob, We received the response on this on 12/21, and it said that the infiltration basin would be fixed by early February. The letter also says that erosion between Lots 12 and 13 was still being addressed. What is the status of this project? Is it ready for re -inspection? I haven't gone through the whole 12/21 package yet. I was planning to do so once everything was done. Thanks, Kelly ICCI LWOhV%,SOVt, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. r �W'w kgw(H PARAMOUNTE E N G I N E E FZ I N G. I N C. 1 2 2 CINEMA DRIVE W I L M I N G T O N, NC 28 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T E R O F T R A N S M I T T A L To: NCDEQ Date: FThursday, December 21, 2017 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Cottage Grove Attn: Kelly Johnson, Environmental Engineer Project No.: 14197.PE We are sendin ® Originals ❑ Prints ❑ Shop Drawings ❑ Calculations ❑ Correspondence ❑ Plans ❑ Specifications ® Other as listed below he following items: Quantit Date Dw . No. Descri tion I Response Letter (RE: Request for Additional Information) I Consent to Action of Directors of Cottage Grove Homeowners Association, Inc. In Lieu of Annual Meeting 2 Page 6 of 8: Stormwater Permit Transfer Application Form 2 Page 7 of 8: Stormwater Permit Transfer Application Form Issue Sta[us: ❑ For Approval ® As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks ction Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit E C E I E ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other DEC 2 1 209 Remarks: BY: -- Cc: _Signed: Balland, P.E. dlht�u�e �tHuiQi�y MEETING The undersigned, being the Directors of COTTAGE GROVE HOMEOWNERS ASSOCIATION, INC., in lieu of the annual meeting of Directors, and pursuant to the authority of the North Carolina Nonprofit Corporation Act and the Bylaws of the Corporation, do hereby adopt the following resolutions and take the following actions by written consent thereto: Election of Officers. RESOLVED, that the following are hereby rc-elected to the offices set forth opposite their respective names, to serve until his or her respective successor is elected and qualified by the Directors: D 1. Logan P.J. Kelly Patrick Lennon Adam Thompson Adoption of Budget. President Vice President Treasurer Secretary RESOLVED, that the attached Annual Budget for 2017 fiscal year, as proposed by the Manager of the Corporation and as incorporated herein by reference, has been reviewed and is hereby approved and adopted by the Directors. 3. Ratification of Actions. RESOLVED, that the actions taken by the corporation through its Officers or Directors during the 2016 fiscal year are hereby ratified, affirmed and approved. 4. Effective Date. The effective date of these resolutions shall be January I, 2017, DIRECTORS: D I. Logan ® P. . 1 �y V 1 201.� P trick Le non - �Y:--� i m Thompson SOSID: 1477405 Date Filed: 10/26/20151:15:00 I'M Elaine 1'. Marshall North Carolina Secrelary of Slate ARTICLES OF INCORPORATION C2015 299 00173 OF COTTAGE GROVE HOMEOWNERS ASSOCIATION, INC. A NON-PROFIT CORPORATION In compliance with the requirements of Chapter 55A of the General Statutes of North Carolina, the undersigned being of the age of eighteen years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a corporation not for profit and does hereby certify: ARTICLE 1 NAME The name of the Corporation is Cottage Grove Homeowners Association, Inc., hereinafter called the Corporation or the Association. ARTICLE 2 DURATION The period of duration of the Corporation shall be perpetual. ARTICLE 3 REGISTERED OFFICE AND AGENT, PRINCIPAL OFFICE The initial registered office and the principal office of the Association is located at 60 Gregory Road, Suite 1, Belville, Brunswick County, North Carolina, 28451; the mailing address of the registered office and of the principal office is 60 Gregory Road, Suite 1, Belville, North Carolina 28451, and the name of the initial registered agent of the Corporation at such address is D I. Logan. ARTICLE 4 DEFINITIONS Except as otherwise provided herein, all capitalized words contained herein, shall be as defined in that certain Declaration of Covenants, Conditions and Restrictions for Cottage Grove, to be recorded in the Register of Deeds of New Hanover County, North Carolina ((he "Declaration"). ARTICLE 5 PURPOSES AND POWERS This Association does not contemplate pecuniary gain or profit to the Members thereof. No part of the net income of the Association shall inure to the benefit of any officer, director or Member of the Association. The Association is formed for the purpose of providing for the maintenance, management, regulation architectural control and preservation of the Units, the Common Area and any Area of Common Responsibility within that certain property known as Cottage Grove as more particularly described in the Declaration, and any additions thereto that may be brought within the jurisdiction of the Association (hereafter the "Development"), and promoting the health, safety and welfare of residents and Owners of property in the Development. For said purposes and for any other purpose and objective as may be established by or provided in the Declaration, the Association shall be authorized as follows: (a) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration as the same may be amended from time to time as therein provided; (b) To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (e) To acquire (by gift, purchase or otherwise), own hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) To borrow money, and, with the assent of eighty percent (80%) of each class of Members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for monev borrowed or debts incurred; (e) To fix, levy, collect and enforce against members payment of assessments as provided by the Declaration; (f) To have and exercise any and all powers, right and privileges which a corporation organized under the nonprofit corporation law of the State of North Carolina may now or hereafter have or exercise. (g) To have and exercise any and all powers, rights and privileges provided by the North Carolina Planned Community Act. To Adopt and amend bylaws and rules and regulations. ARTICLE 6 MEMBERSHIP Each Owner of a Unit which is subject to assessment by the Association, as provided in the Declaration, including contract sellers, shall be a Member of the Association during the period such Owner holds its fee simple interest. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Unit. The rights and obligations of the Members shall otherwise be as set out in the Declaration or the Bylaws of the Association. ARTICLE 7 VOTING RIGHTS OF MEMBERS The voting rights of the members of the Association shall be as provided in the Declaration and the Bylaws of the Association. ARTICLE 8 BOARD OF DIRECTORS Initially, the affairs of the Association shall'be governed by a Board of Directors who need not be Members of the Association. Until successors are otherwise selected and qualified as provided in the Bylaws, there shall be one (1) Director whose name and address is as follows: D 1. Logan 60 Gregory Road, Suite l Belville, North Carolina 28451 The number, qualifications and method of election of the Board of Directors shall otherwise be fixed by the Declarations and the Bylaws. ARTICLE 9 DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than eighty percent (80%) of the Members of each class. Upon dissolution of the Association, other than incident to a merger or consolidation, after all of the liabilities and obligations have been discharged or adequate provision made therefore, the assets of the Association may be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created, or such assets may be granted or conveyed and assigned to any nonprofit corporation, association, trust or other organization to be used for purposes similar to those for which this Association was created, or distributed as provided by the North Carolina Planned Community Act. ARTICLE 10 AMENDMENT These Articles of Incorporation may be amended as provided in Section 55A-10-01 of the North Carolina General Statutes. ARTICLE 11 TAX STATUS Notwithstanding any other provision of these Articles, this Association hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986 or any corresponding sections or provisions of any future United States Internal Revenue Law (the "Code"). This Association shall not carry on any activities prohibited by a corporation electing tax-exempt status under Section 528. It is further provided that no distributions of income of the Association are to be made to members, directors or officers of the Association, except that members of the Association may receive a rebate of any excess dues and assessments previously paid to the extent permitted by the Code and applicable law. ARTICLE 12 INDEMNIFICATION Subject to and consistent with the requirements and procedures for such indemnification under the applicable provisions of the North Carolina Statutes, the Association shall defend, indemnify and hold harmless any person who was or is a party or is threatened to be made a party to any threatened. pending. or contemplated action. suit or proceeding (other than an action by or in the right of the Association). whether civil. criminal, administrative or investigative, by reason of llte fact that he is or was a director. employee. ofticer, committee member. Member or agent of the Association. from and against any and all liabilities. expenses (including attorneys' and paralegals' fees and for all stages prior to and in connection with any such action. suit or proceeding, including all appellate proceedings), jud,ments. fines and amounts paid in settlement as long as aclually and reasonably inauNred by him in connection with such action. suit or proceeding. including any appeal thereof. if he acted in good troth and in a manner he reasonably believed to be in. or not opposed to, the best interest of the Association and. with respect to any criminal action or proceeding, had no reasonable cause to believe the alleged conduct ayas unlawful. except that no indemnification shall be made in respect of any claim. issue or matter as to which such person shall have been adjudged to be liable for gross negligence or misfeasance or malfeasance in the performance of his cluty to the Association. unless and only to the extent that the court in which such action or suit was brought shall determine upon application that despite the adjudication of liability. but in vie", of all of the circumstances of the case. such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. The termination of any action, suit or proceedings by judgment. order. settlement; conviction or upon a plea of' rtolo comendere or its equivalent shall not, of' itself. create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interest of the Association. and with respect to any criminal action or proceeding. had reasonable cause to believe that his conduct was unlawful. ARTICLE 13 INCORPORATOR The name and address of the incorporator of'this Association is: Jeffrey P. Keeler Block. Crouch. Keeler. Rehm & Sayed. LLP 30 North Front Street. Suite 200 `vi''ihninuton. NC 28401 IN WITNESS WHEREOF. for the purpose of forming this Association under the laws of the State of North Carolina. I. the undersigned. being the incorporator of this Corporation. have executed these Articles of Incorporation this the day of D' �n�. 2015. Jeffre P. eter ncorporator�� qW wi6 * 1150cinse— PARAMOUNTE E N G 1 N E E R I N G. I N C. December 20, 2017 State of North Carolina I Environmental Quality I E, M, L, R I Wilmington Regional Office Attn: Kelly Johnson, Environmental Engineer 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for Additional Information and Notice of Non -Compliant Inspection Stormwater Project No. SW8 140814 Cottage Grove New Hanover County ECEIVE Dear Ms. Johnson, DEC 21 2017 On behalf of Logan Developers, Inc., we are submitting a response to year comments received November 20, 2017. Please find your comments listed below with our response provided in bold. 1. Inspection: a. Infiltration Basin: The infiltration basin is not infiltrating. The most recent rain before the October 161h inspection was on October 10`h where there was 0.78in of rain. The basin has been designed to infiltrate the water within 5 days. Please address this issue. The contractor is currently addressing the erosion control issue adjacent to the infiltration basin. Once the erosion control issue has been addressed, the bottom of the infiltration basin will be cleaned of sediment and clean sand backfill put in its place. We estimate this work to be completed by early February 2018. b. Erosion: There is erosion on the basin slope between Lots 14 and 15. • Erosion between lots 14 and 15 has been addressed. However, erosion between lots 12 and 13 is currently being addressed. Swale: A lined/rip-rapped swale has been constructed between Lots 12 & 13 that is not on the approved plans. • This is for incidental lot drainage. All impervious runoff is directed towards piped collection system. The swale is not used for treatment. d. Sediment: Sediment is beginning to accumulate at both entry points of the infiltration basin. • The infiltration basin will be cleaned once the erosion is stabilized. 1 2 2 C I N E M A ❑ R I V E, W 1 L M I N G T❑ N. N C 2 6 40 3 P H: ( 9 1❑ ) 7 9 1- 6 7❑ 7 FAX: 1 9 1 O 1 9 9 1- 6 9 6❑ PARAMOUNTE E N G I N E E R I N G. I N C. `T HOA Contact Person: HOA President or Vice President: The permit must be transferred to either the President or the Vice President of the HOA, however the application lists the Treasurer. Please update the application appropriately. • The application has been updated. See attached. b. Election Minutes: Since the HOA is a non-profit, it is not required to submit annual reports to the NC Secretary of State. Please submit documentation that the individual listed, and the Presidents or Vice President holds that position. If that individual is an employee of the current permittee, Logan Developers, then please ensure that the documentation establishes that the homeowners voted to elect the Logan employee to that position. • See attached. Thank you for your attention to this matter. If you have any questions regarding any of this information or require additional material, please feel free to call. Thank you for your time and effort. Sincerely, Paramou a Engineering, Inc. Rob Balland, P.E. cc via email: Jessica Vamvakias — Logan Homes ECEIVEFJ DEC 21 2017 BY: 1 22 CINEMA D R I V E, W I L M I N❑ T❑ N, NC 2 9 40 3 P H: 1 9 1❑ 1 7 9 1- 6 7❑ 7 F A X: 1 9 1❑ l 79 1- 6 9 6❑ Energy. Mineral & Land Resources ENVIRONMENTAL QUALITY November 20, 2017 Logan Developers, Inc. Attn: D. Logan, President 60 Gregory Road, Suite 1 Belville, NC 28451 ROY COOPER Governor MICHAEL S. REGAN --Secmtory TRACY DAVIS Dimaor Subject: Request for Additional Information and Notice of Non -Compliant Inspection Stormwater Project No. SW8 140814 Cottage Grove New Hanover County Dear Mr. Logan: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application to transfer the subject project on September 12, 2017. The project was inspected on October 16, 2017 in support of this request. A preliminary in-depth review of the information submitted has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information: Inspection: a. Infiltration Basin: The infiltration basin is not infiltrating. The most recent rain before the October 16" inspection was on October 10th where there was 0.78in of rain. The basin has been designed to infiltrate the water within 5 days. Please address this issue. b. Erosion: There is erosion on the basin slope between Lots 14 and 15. c. Swale: A lined/rip-rapped Swale has been constructed between Lots 12 & 13 that is not on the approved plans. d. Sediment: Sediment is beginning to accumulate at both entry points of the infiltration basin. HOA Contact Person: a. HOA President or Vice President: The permit must be transferred to either the President or the Vice President of the HOA, however the application lists the Treasurer. Please update the application appropriately. b. Election Minutes: Since the HOA is a non-profit, it is not required to submit annual reports to the NC Secretary of State. Please submit documentation that the individual listed as the President or Vice President holds that position. If that individual is an employee of the current permittee, Logan Developers, then please ensure that the documentation establishes that the homeowners voted to elect the Logan employee to that position. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042(2). The requested information should be received in this Office prior to December 7, 2017, or the application will be returned as incomplete. 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. State of North Carolina I Emir onmental Quality I Energy.hlinelzland Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wlhnington.NC 28405 RIO 796 7215 State Stormwater Permit No, SW8 140814 Page 2 of 2 If additional time is needed to submit the requested information please e-mail, mail, or fax your extension request, prior to the original due date, to the Division using the contact information available in this letter. The extension request must include ajustification and a date of when the requested information will be submitted to the Division. Please remember that extension requests delay the issuance of the final permit. The Division is allowed 90 days from the receipt of a complete application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned application 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 kellv.pjohnson@ncdenr.gov. leer GDS/kpj: \\\Stormwater\Permits & Projects\2014\140814 HD\2017 11 addinfo 140814 cc: Robert Balland, PE, Paramounte Engineering Wilmington Regional Office Stormwater Permit File State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wihnington Regional Office 1127 Cardinal Drlve Esten .n I W9hniognvi, NC 2840.5 910 796 7215 Johnson, Kelly From: Scott, Georgette Sent: Monday, November 20, 2017 9:36 AM To: Johnson, Kelly Subject: RE: Transfer Question Ask for an official document showing he was voted in or officially put in that position. Meetings of a HOA meeting etc acceptable. Were the residents notified or did they vote on it? Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette.Scott(a)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, INC 28405 Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Johnson, Kelly Sent: Wednesday, November 15, 2017 9:56 AM To: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: Transfer Question Georgette, I wanted to go ahead and send this to you so that I don't forget the details when you get back next week: I have a permit SW8 140814/Cottage Grove that is issued to Logan Developers, Inc. They have applied to transfer it to Cottage Grove Homeowners Association, Inc. But, the individual listed as the HOA contact is Patrick Lennon and he works for Logan Homes. (His email is Patrick@lotanhomes.com and his address is listed as the same at Logan Developers, Inc.) Assuming that the 50% sold, deed restrictions, PE Cert, inspection, etc work out, how do I handle the fact that it isn't really transferring to the HOA? (I will of course ask for the contact for the HOA President for the form, but the bigger issue is that it is really proposed to stay under the developer in the HOA's name.) Thanks, Kelly K6LIJ0hV1,S0V1, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. Compliance Inspection Report Permit: SW8140814 Effective: 09/03/14 Expiration: 09/03/22 Project: Cottage Grove Owner: Logan Developers Inc County: New Hanover Adress: 234 Middle Sound Loop Rd Region: Wilmington CitylState/Zip: Wilmington NC 28411 Contact Person: D Logan Title: Member Manager Phone: 910-452-7175 Directions to Project: Project is located on south side of Middle Sound Loop Road, approx. 0.25 miles from intersection of Hwy. 17 & Middle Sound Loop Road. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1- On-Site Representative(s): Related Permits: Inspection Date: 10/16/2017 Entry Time: 12:OOPM Primary Inspector: Brian P Lambe Secondary Inspector(s): Kelly Johnson Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 01:OOPM Phone: Inspection Type: Transfer Renewal page1 Permit: SW814D614 Owner - Project: Logan Developers Inc Inspection Date: 10/1612017 Inspection Type Transfer Renewal Reason for Visit: Routine File Review Yes No NA NE Is the permit active? . ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 0 ❑ ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? 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? 0 ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑ Are the inlets located per the approved plans? 0 ❑ ❑ ❑ Are the outlet strictures located per the approved plans? 0 ❑ ❑ ❑ Comment: 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 ❑ ❑ ❑ 0 DWO upon request? Comment: The infiltration basin is not infiltrating (Most recent rain was 10/10 = 0 781n of rain ) Some erosion on the infiltration slope between lots 14 & 15 Drainage swale has been constructed between lots 12 & 13 (with fabric and rip rap) Some sediment accumulation at the entry points page: 2 Casmer. Jo From: Casmer, Jo Sent: Tuesday, September 12, 2017 4:19 PM To:'dlogan@loganhomes.com';'patrick@loganhomes.com'; rballand Subject: Cottage Grove; Stormwater Permit SW8 140814 The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) accepted the Stormwater Permit Ownership Transfer Application and $505.00 fee on September 12, 2017. The project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Jo Casmer Administrative Assistant for DEMLR/Stormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax jo.casmer(o)ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Project Name: Project Location: Completeness Review Checklist �Irt rmx- Received Date: Accepted Date: Rule(s)' 1:12008 Coastal 1:11995 Coastal Phase II (WiRO.) El Universal Type of Permit: New or Mod or PR Existing Permit ft (Mod or PR): IC4 0 9 Density: HD or LD Type: Commercial or Residential %: m(o OK?) Stream Class: MSA Map ivided?: ORW M Paperwork Emailed Engineer on: ETC& �1988 Coastal Offsite to SW8 �Supplement(s) (1 original per BMP) BMP Type(s): �O&M with correct/original signatures (1 original per BMP except LS/VFS and swoles) MA -PIP lication with correct/original signatures eed E Cert on file? orp or LLC: Sig. Auth. per So# or letter Email Address: Design Engineer �/��" OS (within 6mo) cxF J Qirw�•� dtc� �� TZn Email Address: Owner Li Soils Report with SHWT Note to Review Calculations(signed/sealed) �5 /, Q �No obvious errors y�$l �r K CO-4"t'• � Density includes common areas, etc Deed Restrictions if subdivided: necl Notarized i�� Correct Template (Comm/Rat R Hn, Plans F-12 Sets Grading Vicinity Map Legend Infiltration Soils Report SHWT: Bottom: Additional Information: Permitted BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) l -t Sk '5� l C I s -f 11 Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) ElWetlands: Delineated or No Wetlands Layout (proposed BUA dimensions) �DA Maps Project Boundaries 7yl 1-1 Wet Pond Offsite Soils Report �PE Cert for Master Lot 4: SHWT: Deed Rest for Master Lot tt Matches Master PP: BUA Permitted (Master): sf BUA Proposed (Offsite): sf Proposed PARAMOUNTE E N G I N E E R 1 N G, I N C. 1 2 2 CI NFMA DRIVE W I L M I N G T O N, NC 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F; I. F T T F R O F T R A N S M I T T A L To: NCDFQ Date 1 7/30/17 DEML,R — Land Quality - Stormwater 127 Cardinal Drive Extension Re: Cottage Grove Subdivision Wilmin on, NC 28405 '01"X Perm( k-Tr s Attn: Pro'ect No.' 15402.PE e are sendin ® Originals ❑ Prints ❑ Shop Drawings ❑ Calculations he following items: ❑ Correspondence ❑ Plans ❑ Specifications ® Other as listed below Quantity Date Dw . No. - Description 1 Check for Processing Fee ($505.00) 2 Signed Originals, State Stormwatee Permit Transfer Application Form 1 Secretary of State Documentation for Proposed Permittee 1 Non -Warranty Deed & Assignment for Transfer to Proposed Permittee 1 Signed Designer's Certification 1 Documentation of Lots Sold 1 Copy of Recorded Covenants & Deed Restrictions ssue Status: Contact me with any additional information or questions. Thank you. Robert Balland rballandQt�naramo_u_n_tel g com 'or Approval ® As Requested ❑Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks etion Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ® Approved as Submitted E]Other �(;V I%j Remarks: pUG 31 2011 Contact me with any additional information or questions. Thank vou. By Robert Balland r Ilan arm n -en com D. Logan, Patrick Lennon 'Signed: Robert Balland, P.E. Lot # Property Address Homeowner DEED BK/PG Closing Date 1 7120 Arbor Oaks Drive 2 7124 Arbor Oaks Drive 3 7128 Arbor Oaks Drive Susan Howell 6017/2865 11/16/2016 4 7132 Arbor Oaks Drive Roger & Elisa Strong 6029/571 1/6/2017 5 7136 Arbor Oaks Drive 6 7140 Arbor Oaks Drive 7 7144 Arbor Oaks Drive 8 7148 Arbor Oaks Drive Douglas & Sharon -Ann Ahrenberg 6038/557 2/20/2017 9 7152 Arbor Oaks Drive 10 7156 Arbor Oaks Drive 11 7160 Arbor Oaks Drive 12 7164 Arbor Oaks Drive Alice Helmerson 5988/448 13 7168 Arbor Oaks Drive James & Toni Bono 5999/2220 9/6/2016- 14 7172 Arbor Oaks Drive 15 7176 Arbor Oaks Drive Gerald & Helen McCartha 5973/1086 5/27/2016, 16 7180 Arbor Oaks Drive Phyllis Shanklin_ 5999/761 9/2/2016 17 7184 Arbor Oaks Drive Katherine Lewis. 6034/366 1/31/2017 18 208 Boxelder Way Victoria Hansen 6058/2644 5/5/2017 19 7167 Arbor Oaks Drive Ronald & Mary Coalson 6041/577 3/3/2017 20 204 Boxelder Way Kelly Mowery 6047/1327 3/30/2017, 21 205 Boxelder Way Francisco & Jennifer De la Cruz 6042/2109 3/10/2017 22 209 Boxelder Way 23 7187 Arbor Oaks Drive Christopher & Shanna Luther 6020/1632 11/29/2016 24 7191 Arbor Oaks Drive Karen Gesler 6009/1335 10/13/2016 ph RE-CEIVEFA AUG 11 20V Hy:___- --- Prepared by and Returned to: Jeffrey P. Keefer Block, Crouch, Keeter, Belem & Sayed, LLP P.O. Box 4, Wilmington, NC 28402 WITHOUT TITLE EXAMINATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BK: RB 6030 RECORDED : 2 -.--. 2017001098 .......... NO FEE E20.00 01-12-2017 NEW HANOVER COUNTY, NC 12:47:16 PM TAMMY THEUSCH BEASLEY BY. ANDREA CRESY 1_1. REGISTER OF DEEDS ASSISTANT ParcelIDs: R04410-004-007-000; R04410-004-034-000; R044 - o- R� NON -WARRANTY DEED AND ASSIGNMENT THIS DEED, made this 16 day of /➢ '! 2017, by and between, LOGAN DEVELOPERS, INC., a North Carolina corporation, whose address is 60 Gregory Road, Belville, NC, 28451, GRANTOR, and-COTTAGE-GROVE-HOMEOWNERS-ASSOCIATION-INC,a North Carolina Non -Profit Corp atioti, whose-address-is-60 Gregoly-Road,-Belville,-NC-28451-GRANTEE; WITNESSETH: THAT the said GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10,00) and other valuable considerations to it in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey and assign unto the said GRANTEE, its successors and assigns, the duties, obligations, and rights and privileges of the following described property, improvements, permits and systems, and easements, lying and being in the County of New Hanover, and State of North Carolina, and more particularly described as follows: See attached Exhibit "A" reference to which is made for a yore complete description. GRANTOR, reserves to itself and its successors and assigns, the right of use, relocation, modification, alteration, removal, and termination of any of the properties, casements, rights, privileges, and permits conveyed herein, until GRANTOR, has conveyed all platted lots in Cottage Gave Subdivision, as depicted on the map recorded in Map Book 61, Page 211 of the New Hanover Comity Registry. Returned To Block,Crouch,Keeter,Behm & S:ayed IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be signed in its name by its President and its seal affixed, all on the day and year first above written. LOGAN DEVELOPERS, INC. BY; (SEAL) D I. LOGAN, Presi t5 CO'I'T G VE HOMEOWNERS ASSOCIATION, INC. BY; _(SEAL) State of North Carolin County of IVLuJ Il rve 1, �5�� (�{ 2. Vl MV&kc 5 , a Notary Public of lyGkl 11cy�County, North Carolina do certify that on this Q day of &Aua✓ 2017 before me ersonally appeared a✓1 VL6)�&11 President of LOGAN D ELOPERS, INC., a North Carolina Corporation personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affinnation of who is personally known to me, to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. JESSICA Z. VAMVAKIAS *tP ublic (Seal) NOTARY PUBLIC New Hanover County North Carolina My Commission Expires My Commission expires: State of North Carolina Countyof &zu) r�yc✓ I, re JCA Z' VQ M ✓tL�! stS a Notary Public of / ✓!w L�AdyI�»ty, North Carolina do PCrtify that Oil this _1�9 day of u n , 2017 before me personally appeared PRIlh JGlL U /iQDI �/�S�i✓G✓ President of the COTTAGE GROVE HOMEOWNERS ASSOCIATION, INC, a North Carolina non-profit corporation personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, to be the person(s) whose name(s) is/are signed on the preceding or attached record, and acknowledged to me that he/she/they signed it ntarily for its stated purpose. JESSICA Z. VAMVAKIAS No ar Public NOTARY PUBLIC (Seal) New Hanover County North Carolina My Commission Expires My Com EXHIBIT "A" Being all of those parcels, tracts, strips, slivers, berms, streets, pond, common areas, and any and all improvements thereupon, including sidewalks located within road rights of way or otherwise, and all easements and permits (and applicable rights and obligations), as shown on the following Plat and identified as: A. Cottage Grove Subdivision, as recorded in Map Book 61, Page 211, in the New Hanover County Registry, and being more specifically referred to as: Common Area #1: Active Open Space (ParcellD R04410-004-009-000) Common Area 42: Passive Open Space Common Area #3: Passive Open Space (Parcel ID: part of R04410-004-007-000) Common Area #4: Stomrwater Management Pond (part of R-4410-004-007-000) 30' Utility Easement along eastern border of Subdivision 30' Utility Easement along boundary lines of Common Area #4 (between Common Areas #4 and #2) and the boundary line of Lot 17 30' Utility Easement cutting through Common Area #2 25' Drainage Easement located at southwest comer of Lot 12 20' Drainage Easement located along common boundary line of Lots 11 and 12 (10' on each Lot) 20' Drainage Easement located along common boundary line of Lots 16 and 17 (10' on each Lot) 15' Drainage Easement along boundary line of Lots 9, 10 and 1 I 10' Utility Easement along roadside boundary of every Lot and Common Area Arbor Oaks Drive: Private right-of-way Boxelder Way: Private right-of-way B. Assignment of Easement Rights and Responsibilities: TOGETHER WITH AND SUBJECT TO all rights and obligations of the Grantor in and to the following recorded Easements, Rights -of -Way, Agreements and Resolutions: 1. Conveyance and Easement to Cape Fear Public Utility Company, recorded in Book 5949, at Page 866 of the New Hanover County Registry. 2. Easement to Duke Energy Progress, Inc., recorded in Book 5871, at Page 1179 of the New Hanover County Registry. 3. Easements to BellSouth Telecommunications, LLC, d/b/a AT&T North Carolina, recorded in Book 5931, at Page 788, and in Book 5931, at Page 792 of the New Hanover County Registry. 4. , , Easement to Piedmont Natural Gas Company, Inc., recorded in Book 5932, at Page 63 of the New Hanover County Registry. 5. Right of Way Encroachment Agreement on S.R. 1403 (Middle Sound Loop Road), by and among NC Department of Transportation, Logan Developers, Inc., and Cape Fear Public Utility Authority, and dated May 14, 2015, with a reference number of E-065-15-086. [CFPUA Contract 4 15R0707]. C. Assignment of Permit Rights and Responsibilities: By executing this document the GRANTEE agrees to and shall acquire all rights and be subject to all obligations of the Grantor in and to the following Permits and all modifications or amendments thereto, including, but not limited to, those as described in (i) the Master Declaration of Protective Covenants for Cottage Grove, as recorded in Book 5951, Page 567, of the New Hanover County Registry: 1. Stonnwater Management Permit No. SW8 140814, issued by the North Carolina Division of Environment and Natural Resources ("NCDENR") under NCAC2H.1000; NCDOT Permit D-065-14-024; TAMMYTHEUSCH New Hanover County BEASLEY Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 f WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7751 O V �J i v0''N Is'I XF*4t*Rk*44f XX**X**XX*ti tF XX4f**t*XF44*#*fi L44F*#4RY*f**kf*f*f*#**4f#*F4*f*X*R444 *h Ri4YRfRi4Y 44*ff*XX#44t**XR State of North Carolina, County of NEW HANOVER Filed For Registration: 01/12/2017 12:47:16 PM Book: RB 6030 Page: 47-52 6 PGS $26.00 Real Property $26.00 Recorder: ANDREA CRESWELL Document No: 2017001098 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. ` BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Logan Developers, Inc. SECRETARY OF STATE ID NUMBER: 0320166 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 12/31/2015 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Logan. D I 2. SIGNATURE OF THE NEW REGISTERED AGENT: E-Filed Annual Report 0320166 CA201609801688 4r7n016 11:46 n Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 60 Gregory Rd NE Ste 1 60 Gregory Rd NE Ste 1 Belville, NC 28451-9276 Brunswick County Belville, NC 28451-9276 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Residential Contractor 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 332-3780 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 60 Gregory Rd NE Ste 1 Belville, NC 28451-9276 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 60 Gregory Rd NE Ste 1 Belville, NC 28451-9276 SECTION C: OFFICERS (Enter additional officers in Section E.) NAMED I Logan NAME: NAME: TITLELPreside6t TITLE: TITLE: ADDRESS: 60 Gregory Road Belville. NC 28451 ADDRESS: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirely by a person/business entity. D I Loqan SIGNATURE Form must be signed by an officer listed under Section C of this form. 4/7/2016 D I Logan President Print or Type Name of Officer This Annual Report has beer. filed clectronically. MAII. TO: Secretary of State, Corporations Division, Post Offee Box 20525, Raleigh, NC 2.7626-0525 DATE Print or Type Till. of Officer PARAMOUNTE E N G I N E E FZ 1 N G 1 N C. 5 9 1 1 O L E A N D E R D R I V E S U I T E 2 0 1 W I L M I N G T 0 N N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( 0) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T E R O F T R A N S M I T T A L To: NCDENR Date 1 5/12/16 127 Cardinal Drive Extension Wilmington NC 28405 Re: Cottage Grove Stormwater Certification (SW8 140814) Attn: Project No. I 14197.PE e are sendin ❑ Originals ® Prints ❑ Shop Drawings ❑ Calculations he following items: ❑ Correspondence ® Plans ❑ Specifications ❑ Other as fisted below Quantity Date Dwg. No. Description 1 5/11 /16 Designer's Certification ssue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks;. coon Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ approved as Submitted ❑ Other emarks: Cc: Signed:� Gretchen Merix MAY 12 1016 Attachment A - SW8 140814 — Cottage Grove — 3/6/18 Inspection Date Rainfall