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HomeMy WebLinkAboutSW8140321_HISTORICAL FILE_20230301 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 \Lko-6z \ DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS © HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20 23 0 3 01 YYYYMMDD ROY COOPER Governor ELIZABETH S.BISER . Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality March 1, 2023 CBR Wilmington LLC Attn: James Walker, Manager P.O. Box 100 Rocky Point,NC 28457 Subject: Permit Renewal Post-Construction Stormwater Management Permit No. SW8140321 Adams Landing Wilmington New Hanover County Dear Mr. Walker: The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on February 27, 2023. The Division is hereby notifying you that permit SW8140321 has been renewed, updated, and re-issued on March 1, 2023,as attached. As requested; a copy of the current operation and maintenance agreement is also enclosed. Please be aware that the renewal and re-issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until June 10,2030 and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts, requirements, or.limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh,NC 27699-6714,or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Aisia Freeman in the Wilmington Regional Office, at phone# (910) 796-7318 or Aisia.freeman@ncdenr.gov. Sincerely, ,-9;P Douglas R. Ansel,Interim Director Division of Energy, Mineral and Land Resources Enclosures: Attachment A—Designer's Certification Form Attachment C—Permitting History Copy of the Renewal Application Documents Copy of the current operation and maintenance agreement DES/aE \\\Stormwater\Permits&Projects\2014\140321 HD\2023 03 permit 140321 cc: Wilmington Regional Office Stormwater File rplft 0%J. North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 ar � 910.796.7215 Post Construction Stormwater Management Permit No. SW8140321 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO CBR Wilmington, LLC Adams Landing 4728 & 4800 Carolina Beach Road, New Hanover County FOR THE construction, operation and maintenance of one (1) wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter separately and collectively referred to as the "stormwater rules') as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until June 10, 2030 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.7 of this permit. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The wet pond has been designed to handle the runoff from 209,237 square feet of impervious area. 3. The subdivision is permitted for 42 lots, each allowed a maximum of 3,300 square feet of built-upon area. 4. The maximum built-upon area allowed for the entire subdivision is 209,237 square feet. 5. The project shall provide and maintain a 50' wide vegetative buffer adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. Page 1 of 6 Post Construction Stormwater Management Permit No. SW8140321 6. Based on this plan and design submitted to DEMLR, the elevation of the permanent pool is set at 10.5 fmsl, the elevation of the temporary pool is set at 11.92 fmsl, the outlet invert elevation is 10.0 fmsl, the elevation of the downstream discharge point is 9.5 fmsl, and the highest elevation of the adjacent wetland is 11.0 fmsl. a. The difference in the elevations between the permanent pool and the nearby wetlands indicates that the pond will not dewater the adjacent wetlands. Additionally, the downstream elevations and conveyances, as demonstrated on the plans, are at an elevation lower than the outlet pipe, allowing the pond to function adequately to release the required storage volume within the specified drawdown time. b. A site specific soil evaluation was not provided for this project. Without a site specific soils evaluation, the seasonal high water table and/or groundwater conditions are unclear in the location of the wet pond; therefore this wet pond may not be able to sustain its permanent pool level. Please note that this may cause the wet pond to become dry between storm events which may endanger the health of the vegetation on the vegetated shelf or incoming groundwater may maintain a pool level that prevents the required storage volume from being available and preventing the runoff from discharging within the specified drawdown time. Therefore, the designer is responsible for: 1. Providing DEMLR with a certification and survey showing the pond meets all approved design criteria and elevations as noted in the plans and this permit. 2. Ensuring that the owner is aware that: (a) the pond may dry out between storms and that, (b) a healthy stand of vegetation must be maintained on the vegetated shelf. c. If, in the future, this design is not found to meet the intent of the stormwater rules or does not provide the required design elements, then modifications to the stormwater system, including the pond design, will be required. 7. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 8.57 Onsite, ftZ: 373,431 Offsite, ft2: 0 b. Total Impervious Surfaces, ft': 209,237 Lot BUA, ft': 138,600 Roads/Parking, ft': 52,240 Sidewalks, ftZ: 15,397 Future, ftZ: 3,000 C. Average Pond Design Depth, feet: 5.5 d. TSS removal efficiency: 90% e. Design Storm, inches 1.5 f. Permanent Pool Elevation, FMSL: 10.5 g. Permitted Surface Area @PP, ftZ: 14,675 h. Permitted Temporary Storage Volume, ft': 25,873 i. Temporary Storage Elevation, FMSL: 11.92 j. Predevelopment 1 yr-24 hr. discharge rate, cfs: 0.44 k. Controlling Orifice: 2.5"0 pipe I. Orifice Flowrate maximum, cfs : 0.15 m. Permanent Pool Volume, ft': 50,615 n. Forebay Volume, ft': 10,657 o. Maximum Fountain Horsepower: 1/6 p. Receiving Stream / River Basin: Barnards Creek/Cape Fear q. Stream Index Number: 18-80 r. Classification of Water Body: "C; Sw" Page 2 of 6 Post Construction Stormwater Management Permit No. SW8140321 It. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for the routine monitoring of the project for compliance with the built-upon area limits, grading, and the storm drainage system established by this permit, the permit documents, the approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 2. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built-upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. 3. 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. 4. 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. 5. All stormwater collection and treatment systems must be located in public rights-of-way, dedicated common areas or recorded 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. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system is used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 9. The permittee shall follow the approved Operation and Maintenance (O&M) Agreement in its entirety, and shall provide and perform the listed operation and maintenance at the scheduled intervals to assure that all components of the permitted stormwater system function at design condition. 10. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 6 Post Construction Stormwater Management Permit No. SW8140321 11. 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 140321, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built-upon area per lot is 3,300 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 runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond, or grading perimeter swales and directing them into the pond or street. h. Built-upon area in excess of the permitted amount will require a permit modification. i. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. j. 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. k. If permeable pavement BUA credit is requested, the property owner must submit a request, with supporting documentation, to the permittee and receive approval prior to construction. 12. 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. 13, Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The project and the stormwater facility must be in compliance with all permit conditions. Any items not in compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 14. Decorative spray fountains are allowed in the pond, subject to the following criteria: a. The minimum permanent pool volume is 30,000 cubic feet. b. The fountain must draw its water from less than 2' below the permanent pool surface. C. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. d. The fountain may not be placed into the forebay. e. The falling water from the fountain must be centered in the main pond, away from the shoreline. f. The maximum horsepower for a fountain in this pond is 1/6 horsepower. Page 4 of 6 Post Construction Stormwater Management Permit No. SW8140321 15. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or#57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. III. GENERAL CONDITIONS 1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on-site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved, iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); Page 5 of 6 Post Construction Stormwater Management Permit No. SW8140321 b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on-site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made. f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit renewed, updated and reissued this the 2 day of March 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION U _tt_ WP Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 6 Post Construction Stormwater Management Permit No. SW8140321 Attachment A Page 1 of 2 Stormwater Permit No. SW8 140321 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 is a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date Page 1 of 2 Post Construction Stormwater Management Permit No. SW8140321 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 vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DEMLR Regional Office New Hanover County Building Inspections Page 2 of 2 Attachment C- Permitting History Adams Landing Permit No.SW8 140321 Approval permit Action' RIMS Description of the Changes Modified Plan Sheets Date Version High Density Subdivision Wet Pond Project- construction, operation and maintenance of one(1)wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-21 I. The runoff from all built-upon area within the permitted drainage 6/10/2014 Original 1.0 area of this project must be directed into the permitted 3-4, 11 Approval stormwater control system. The wet pond has been designed to handle the runoff from 209,237 square feet of impervious area. The subdivision is permitted for 42 lots;each allowed a maximum of 3,300 square feet of built-upon area. The maximum built-upon area allowed for the entire subdivision is 209,237 square feet. 3/2/2023 Renewal 2.0 This permit shall be effective until June 10,2030 Page 1 of 1 _._...._.�...____m. -.r-_.._.._.._.....,�..UEMLK'U5E"ONLY. Date Re eived Fee Paid Permit Number r NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 21-1.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398(SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8140321 2. Project name: Adams Landing Owners Association 3. Project street address: Adams Landing Drive City: Wilmington County: NC ZIP 28412 4. What, if any, changes have been made to the project as permitted? n/a If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy- m i nera I-land-resources/energy-mineral-land-rules/stormwater-prog ram/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: https://deg.nc.govlabouUdivisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: CBR Wilmington LLC 2. Signing Official's Name: James (Jimmy) Walker 3. Signing Official's Title: Managing Member 4. Mailing Address: PO Box 100 City: Rocky Point State: NC ZIP 28457 5. Street Address: 2901 N Kerr Avenue City: Wilmington State: NC ZIP 28401 6. Phone: (910)279-0201 . Email: iwalker(a)eliteconstructionnc.com FEB 2 7 2023 6Y:�_ Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: x 1. A permit application processing fee of$505.00 payable to NCDEQ. x 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation—a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC)—a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership—the general partner, e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the signature of another entity. 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ® I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. x 5. Designer Certifications, Please select one: ® A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s)confirming that the project was built in accordance with the approved plank are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https://www.sosnc.gov/online services/search/by title/ Business Registration =1LPCf=9 W IL_. FEB 21 2023 V 121: PERMITTEE'S CERTIFICATION I 7ti (� �/ � L_ , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built-upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, corre d complete. re Signatu : Date: — 2( ^ 2U,S3 NOTARIZATION: if I, 0 awnn a- T et�SU� a Notary Public for the State of AlOr� &u ,))/IVA County of ll,SWHWVOUP K- do hereby certify that 1QIn Q 5 C' �Ua /ke e personally appeared before me this the 0n day of ru, 20 , and acknowledge the due uulallul � , ?a a".f f (Drgoing instrument. Witness my hand and official seal, 14 ec; vv9N%. NotA ally 2 PJJBLIC �� � Si nal�a� CGLU25 Ck, 0. �I 1 TQ�V My commission Ob n expires / Z-Z �FLof�R Bp FEB 21 2013 RY: Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Burd, Tina J From: Burd, Tina J Sent: Wednesday, March 1, 2023 11:48 AM To: jwalker@eliteconstructionnc.com Cc: Freeman, Aisia L Subject: SW8 140321 - Adams Landing Wilmington The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on February 27, 2023. The project has been assigned to Aisia Freeman (cc'd) and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Emat;cooesgoodence to anti harm tf;is address s s is to the P1rnih Caiohn,l Pflblw Records Law and may be, disclosed to (turd parties, Website: htpc eq c,govf ou visions/ o /e ere -me - osmer PAanyeniplovee.sareworkingremotelyorareonstaggeredshifts. Please check with the appropriate staff before visiting our Offices,as thev may be able to handle your requests by phone or email. 1 Beasley, Michelle From: Beasley, Michelle Sent: Tuesday, February 28, 2023 11:10 AM To: Janet Cowlan Cc: Randy Norris Subject: RE: [External] Adams Landing Developer Permit Renewal SW8140321 Attachments: 15a ncac 02h .1040.pdf Janet, I wanted to let you know I received the corrected permit renewal application packet yesterday. I have just completed the review and it looks like I can accept the application and move it the next step. Once the renewal is completed,we will subsequently process the transfer. It does look like we need a few more things for the transfer application. There are several supporting documents required for the transfer application process like 0&M agreement (Operations& Maintenance), BUA/Lot Summary, Recorded Deed Restrictions & PE Certification. The last two items,the deed restrictions & PE certification, I was able to locate in your file. However, We will need the signed & notarized 0&M agreement as well as the BUA/Lot Summary. Additionally, as per 15A NCAC 02H .1040 (highlighted below and attached for your reference),we need documentation of signing authority for Joy Sharp. The application lists her as the President of Adams Landing Owners Association, but the NC Secretary of State does not list her on their business registration website. It appears the last filing was dated 8/13/2021 and signed by Andrew Benton as HOA President. Typically, the election meeting minutes will suffice. 15A NCAC 02H.1040 PERMIT ADMINISTRATION This Rule applies to the permitting processes set forth in Rules.1041 through .1045 of this Section. (1)SIGNATURES ON PERMIT APPLICATION FORMS. Application forms shall have an original signature by one of the following entities unless the application is accompanied by a letter of authorization signed by the appropriate authority as designated in Sub-Items(a) through (d)of this Item authorizing the signature of another entity: (a)in the case of a corporation, by a principal executive officer of the level of vice-president or his authorized representative. In the case of a limited liability corporation (LLC), by a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" (b)in the case of a partnership, by a general partner or a managing partner. In the case of a limited partnership, by a general partner,, (c)in the case of a proprietorship, by the proprietor(s);or (d)in the case of a municipal, state, or other public entity, by either a principal executive officer, ranking official, or other duly authorized employee. In the interim, I will move the renewal application along in the process and await the additional documentation for the transfer. Please keep an eye out for email updates or any additional information needed once the application reaches the reviewer. You can also use the application tracker linked below to check the status. Information, applications and forms can be found on our website (here). Updates on submitted applications can be found through the Environmental Application Tracker I NC DEQ. 1 Ymfcsxinnnl Aesnci.rion M:m:rycmem - ...rill.-... __._., . S"ri'�GYrrY`iY` ._." February 23, 2023 FEB 2 7 2023 f North Carolina Environmental Quality 127 Cardinal Drive Wilmington, NC 28405 Attn: Ms. Michelle Beasley, Environmental Specialist Re: Adams Landing, Permit # SW8140321 Dear Ms. Beasley. Attached/enclosed please find the following, Permit renewal form FROM THE DEVELOPER for SW8140321 (One original and one copy) If you have any questions, please contact me directly at 910-313-2315 Thank you, r0ect won Manager Wilmington Professional Association Management Brunswick County 1628 Doctors Circle Office(910)395-1500 1022 Grandi8ora Drive,Suite 100 Wilmington,NC 28401 Fax(910)395-6229 Leland,NC 28451 Toll Free(855)266-4128 iv w.ceyco-nc.comnc.com Beasley, Michelle From: Janet Cowlan <jcowlan@cepco-nc.com> Sent: Thursday, February 16, 2023 2:33 PM To: Beasley, Michelle; Randy Norris Subject: RE: [EXTERNAL] State Stormwater Permit SW8 140321 - Adams Landing Wilmington CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Soam. Hi, I left a message for you. Luckily, and with an unusual twist, my FICA Board member has reached the developer and he will sign off on a new renewal. When you do receive it, please use one of the checks you have for the HOA for the renewal. I hope all the documentation will be sufficient. As mentioned before,the developer has no records due to a flood from Florence. We are working so diligently to get this all performed correctly, appreciate all your assistance. The renewal will be coming to you via postal mail next week. Let me know when you have received it, and if you need anything else, Thanks, 1C Please leave a review by clicking here- /anet f. Cowlan Association Manager Email: jcowlan@cepco-nc.com Main: (910) 395-1500/ Fax: (910) 395-6229 F'rofcaauonnlAteocrnnon Manngerncrii'., 1628 Doctors Circle, Wilmington, North Carolina 28401 Our Office Hours: Monday through Thursday, 8:30 a.m. -5:00 p.m. Friday 8:30 a.m.—12:30 p.m. Saturday/Sunday: Closed Please visit us at www.cepco-nc.com CEPCO INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this transmission(including any attached files)is CONFIDENTIAL and is intended only for the person(s)named above. If you received this transmission in error,please delete it from your system and notify us immediately. If you are not an intended recipient,please note that any use or dissemination of the information contained in this transmission(including any attached files)and the copying,printing,or retransmission of that information is strictly prohibited. You can notify us by return e-mail. Thank you 1 Beasley, Michelle From: Beasley, Michelle Sent: Wednesday, February 15, 2023 3:25 PM To: Janet Cowlan; Randy Norris Subject: RE: [EXTERNAL] State Stormwater Permit SW8 140321 - Adams Landing Wilmington Ms. Cowlan, The Wilmington Regional Office is in receipt of a transfer application packet for the above referenced permit. I am relieved to see that you were able to reach the owner to complete this application. As previously stated, the permit expired on 6/10/2022 and will require renewal prior to any modification and/or transfer. Please advise when we can expect the revised renewal application that also reflects the current permittee, CBR Wilmington, LLC. I still have the original renewal application packet submitted on 12/28/22 along with supporting documentation and check number 1293. Thanks! Information, applications and forms can be found on our website (here). Updates on submitted applications can be found through the Environmental Application Tracker I NC DEQ. The Stormwater Laserfiche Repository can be found here. Thank you for your understanding in this matter. Should you have any questions and/or comments or need additional information, please feel free to contact me. Michelle Beasley(she/her/hers) Stormwater Environmental Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7287 Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 michel le.beasley@ncdenr.gov NO CAROLINAD E Qz: Oepartmenf of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Janet Cowlan <jcowlan@cepco-nc.com> Sent:Tuesday,January 17, 2023 11:44 AM t To: Beasley, Michelle <michelle.beasley@ncdenr.gov>; Randy Norris<rnorris@cepco-nc.com> Subject: RE: [EXTERNAL] State Stormwater Permit SW8 140321 -Adams Landing Wilmington CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Good morning Ms. Beasley, I reached out and spoke with the developer, and unfortunately, they have now not returned my calls.They don't have any interest in turning this over. You are correct, CBR Wilmington dissolved. We did ask for the old principal to sign the forms, and again, they did not return the call and they do not have any interest in getting this completed. Having had this problem before, I would have to speak with the BOD about whether they want to absorb the cost and try to get the permit in their name. They are currently maintaining the pond. I understand there are two separate applications and fees. I will be in touch, Thanks for your help, JC From: Beasley, Michelle <michelle.beaslev@ncdenr.gov> Sent: Thursday,January 5, 2023 1:57 PM To: Randy Norris <rnorris@cepco-nc.com>;Janet Cowlan <jcowlan@cepco-nc.com> Subject: [EXTERNAL] State Stormwater Permit SW8 140321 -Adams Landing Wilmington Dear Mr. Norris& Ms. Cowlan, The Wilmington Regional Office is in receipt of your renewal application packet for the above referenced state stormwater permit. The application submitted lists the current permit holder as Adams Landing (HOA). However, it appears that the current permit holder is CBR Wilmington, LLC. We also reflect that the current state stormwater permit expired on 6/10/22. Our procedure, using rules 15A NCAC 02H .1040 and 15A NCAC 02H .1045 (attached for your convenience), requires that the current permit holders only can renew existing state stormwater permits. Research using the NC Secretary of State website reflects that CBR Wilmington, LLC dissolved as of 12/31/2019. However, most business entities maintain some sort of contact for approximately 5 years after dissolution to allow for conclusion of all related business matters. Therefore, at this time,we cannot accept your renewal application as submitted. The option is to contact the current permit holder, CBR Wilmington, LLC, and have them renew the permit. Eventually,you will want to also process a transfer application packet that transitions the permit from CBR Wilmington, LLC to Adams Landing HOA, Inc. The alternative is to begin with the transfer application (also attached) and processing the renewal along with the transfer. These will require two separate application packets with supporting documents and fees. Please advise how you might like to proceed. I will hold your current application packet and check number 1293 which can certainly be applied to a correct application once you decide which way to proceed. Information, applications and forms can be found on our website (here). Updates on submitted applications can be found through the Environmental Application Tracker I NC DEQ. Thank you for your understanding in this matter. Should you have any questions and/or comments or need additional information, please feel free to contact me. 2 Michelle Beasley(she/her/hers) Stormwater Environmental Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7287 Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 michelle.beasley@ ncdenr.gov �R E Q�> NORTH CAROLINA Department of r VfmmneM l Quallty Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 3 Prc f < d Aas v i imn M:mngrmem JUA February 4,2023 North Carolina Environmental Quality 127 Cardinal Drive F468 � Wilmington, NC 28405 13 2pZ3 Attn:Ms. Michelle Beasley,Stormwater Environmental Specialist \ Re: Adams Landing, HOA Permit#SW8140321 Dear Ms. Beasley, On December 23, 2022,the HOA board submitted a permit renewal form for the above referenced permit. Subsequently,we received your e mail that the developer had to file the name transfer first. We were able to reach the developer to fill out the form(see attached)however,there are no other records available as the developer's office was flooded during Florence and lost all records. I hope this will suffice and that you have all prior O&M information when the original permit was filed. The current permit holder CBR Wilmington, LLC,and as you pointed out,the Developer has dissolved the LLC. There might be some items on the form that are incorrectly filled out,and or left blank as I do not have any further information and neither does the developer. Attached/enclosed please find the following, Name transfer request form for SW8140321 (one original and one copy) Check in the amount of$505.00 (Your once is still holding the check and application for permit renewal) Current pond maintenance contract BOD Minutes Articles of Incorporation Kindly allow the HOA Board to move forward with the name transfer and the subsequent permit renewal. If you have any questions, please contact me directly at 910-313-2315. Thank you,, �p Janet Cowlan sociation Manager Wilmington Professional Association Management Brunswick County 1628 Doctors Circle Office(910)395-1500 1022 Grondirloro Drive,Suite 100 Wilmington.NC 28401 Fax(910)395-6229 Leland,NC 28451 Toll Free(855)266-4128 www.ceoco-nc.com Beasley, Michelle From: Janet Cowlan <jcowlan@cepco-nc.com> Sent: Tuesday,January 17, 2023 11:44 AM To: Beasley, Michelle; Randy Norris Subject: RE: [EXTERNAL] State Stormwater Permit SW8 140321 - Adams Landing Wilmington CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Good morning Ms. Beasley, I reached out and spoke with the developer, and unfortunately, they have now not returned my calls. They don't have any interest in turning this over. You are correct, CBR Wilmington dissolved. We did ask for the old principal to sign the forms, and again,they did not return the call and they do not have any interest in getting this completed. Having had this problem before, I would have to speak with the BOD about whether they want to absorb the cost and try to get the permit in their name. They are currently maintaining the pond. I understand there are two separate applications and fees. I will be in touch, Thanks for your help, JC From: Beasley, Michelle <michelle.beasley@ncdenr.gov> Sent:Thursday,January 5, 2023 1:57 PM To: Randy Norris<rnorris@cepco-nc.com>; Janet Cowlan <jcowlan@cepco-nc.com> Subject: [EXTERNAL] State Stormwater Permit SW8 140321 -Adams Landing Wilmington Dear Mr. Norris & Ms. Cowlan, The Wilmington Regional Office is in receipt of your renewal application packet for the above referenced state stormwater permit. The application submitted lists the current permit holder as Adams Landing (HOA). However, it appears that the current permit holder is CBR Wilmington, LLC. We also reflect that the current state stormwater permit expired on 6/10/22. Our procedure, using rules 15A NCAC 02H .1040 and 15A NCAC 02H .1045 (attached for your convenience), requires that the current permit holders only can renew existing state stormwater permits. Research using the NC Secretary of State website reflects that CBR Wilmington, LLC dissolved as of 12/31/2019. However, most business entities maintain some sort of contact for approximately 5 years after dissolution to allow for conclusion of all related business matters. Therefore, at this time,we cannot accept your renewal application as submitted. The option is to contact the current permit holder, CBR Wilmington, LLC,and have them renew the permit. Eventually,you will want to also process a transfer application packet that transitions the permit from CBR Wilmington, LLC to Adams Landing HOA, Inc. The alternative is to begin with the transfer application (also attached) and processing the renewal along with the transfer. These will require two separate application packets with supporting documents and fees. Please advise how you might like to proceed. I will hold your current application packet and check number 1293 which can certainly be applied to a correct application once you decide which way to proceed. Information, applications and forms can be found on our website (here). Updates on submitted applications can be found through the Environmental Application Tracker I NC DEQ. 1 Beasley, Michelle From: Janet Cowlan <jcowlan@cepco-nc.com> Sent: Thursday,January 5, 2023 3:01 PM To: Beasley, Michelle; Randy Norris Cc: Dale Ward Subject: RE: [EXTERNAL] State Stormwater Permit SW8 140321 - Adams Landing Wilmington CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam Michelle, Hi- Thank you for your diligence. 1 am going to have to do some research on this one. It is very possible that there is no further contact for CBR Wilmington, LLC, especially given the dissolution, I will have to talk to the Board of Directors about the name change issue. I have unfortunately been through this issue before and know it takes a bit longer. Thanks again, will be in touch shortly. JC Please leave a review by clicking here- Janet f. Cowlan Association Manager Email: jcowlan@cepco-nc.com Main: (910) 395-1500/ Fax: (910) 395-6229 'ProFcrawaW X�eoc+6tionMtenagcmertr 1628 Doctors Circle, Wilmington, North Carolina 28401 Our Office Hours: Monday through Thursday, 8:30 a.m. -5:00 p.m. Friday 8:30 a.m.— 12:30 p.m. Saturday/Sunday: Closed Please visit us at www.cepco-nc.com CEPCO INTERNET E-MAIL CONFIDENTIALITY STATEMENT: The information contained in this transmission(including any attached files)is CONFIDENTIAL and is intended only for the person(s)named above. If you received this transmission in error,please delete it from your system and notify us immediately. If you are not an intended recipient,please note that any use or dissemination of the information contained in this transmission(including any attached files)and the copying,printing,or retransmission of that information is strictly prohibited. You can notify us by return e-mail. Thank you From: Beasley, Michelle<michelle.beasley@ncdenr.gov> Sent:Thursday,January 5, 2023 1:57 PM t Beasley, Michelle From: Beasley, Michelle Sent: Thursday, January 5, 2023 1:57 PM To: Randy Norris;jcowlan@cepco-nc.com Subject: State Stormwater Permit SW8 140321 - Adams Landing Wilmington Attachments: 15a ncac 02h .1040.pdf; 15a ncac 02h .1045.pdf; SSW-Perm it-Transfer-Application- Form-20180427 (2).docx Dear Mr. Norris & Ms. Cowlan, The Wilmington Regional Office is in receipt of your renewal application packet for the above referenced state stormwater permit. The application submitted lists the current permit holder as Adams Landing(HOA). However, it appears that the current permit holder is CBR Wilmington, LLC. We also reflect that the current state stormwater permit expired on 6/10/22. Our procedure, using rules 15A NCAC 02H .1040 and 15A NCAC 02H .1045 (attached for your convenience), requires that the current permit holders only can renew existing state stormwater permits. Research using the NC Secretary of State website reflects that CBR Wilmington, LLC dissolved as of 12/31/2019. However, most business entities maintain some sort of contact for approximately 5 years after dissolution to allow for conclusion of all related business matters. Therefore, at this time,we cannot accept your renewal application as submitted. The option is to contact the current permit holder, CBR Wilmington, LLC, and have them renew the permit. Eventually,you will want to also process a transfer application packet that transitions the permit from CBR Wilmington, LLC to Adams Landing HOA, Inc. The alternative is to begin with the transfer application (also attached) and processing the renewal along with the transfer. These will require two separate application packets with supporting documents and fees. Please advise how you might like to proceed. I will hold your current application packet and check number 1293 which can certainly be applied to a correct application once you decide which way to proceed. Information, applications and forms can be found on our website (here). Updates on submitted applications can be found through the Environmental Application Tracker I NC DEQ. Thank you for your understanding in this matter. Should you have any questions and/or comments or need additional information, please feel free to contact me. Michelle Beasley(she/her/hers) Stormwater Environmental Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7287 Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 m iche I le.beas ley@ n cden r.eov t Non-Trap fer Application Co pletece R /! w heckli t/ roject Name: dt \\ e Delivered to WIRO: � 0 roject County/Local n: JMS Received/Accepted Date: Date Given to Admin: oz a a Permit Action: New New Permit#': BUS Acknowledged Datei: Not located in the ETJ of the following delegated and functioning programs: NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach Bruns: Leland/Navassa(?)/Oak Island Cart: Emerald Isle Oa a sonville Pend: Surf City Major M..qd / Minor Mo / Renewal �& sting Permit#: (:�4(q ilk)�)J. Applicant&Permittee are the same?3 Expiration Date': guy Permit Type: 6HO tD/LD Overall/HD&LD Combo General Permit/Offsite/Exempt + Redevelopment E�Offsite to SWB: Development Type: Commercial/ i enti /Other El Offsite Lot approved in Master Permit?s Subdivided?: divisio or Single Lot Rule(s): 0017 Coastal 2008 Coastal �1995 Coastal Phase II 10 Universal �1988 Coastal Per mitt Type&Documents Needed: �roperty Owner(s) EDPurchaser Lessee =HOA Developer =able? Viable? Viable? =Viable? =Viable? eed =Purchase ARmt =Lease =Election Minutes Paperwork plication ee: co!59 (within 6mo) Check#(s): W�3 =No Fee Su ppl emenfro new form or for older forms:l originol per SCMJ / F-1 O&M 2 V/ Soils Report(sig or PP) / Calculations(signed/sealed) Deed Restrictions,if subdivided Project Narrative FlUSGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N Plans(2 Sets) NOTES: CjJ 'Enter RIMS Acknowledged Date on this Sheet / 2For New Projects-Enter New Permit#on Supplements&Deed Restriction Templates. r 3 Permittee is different,STOP.Needs transferred first. / °If tn months and they are requesting a g a mod,STOP. Needs a renewal first.Lot slf Lot not t approved in master permit,STOP. Master permit needs mod. EMAILED ENGINEER DATE: / Comments: REVIEWER NAME: W G:\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_202109 08 i Non-Trans er Application CQ pleteness i c list Project Name: slate Delivered to WIRO: Project County/Location: BIMS Received/Accepted Date: , Date Given to Admin: Permit Action: New New Permit#t: BIMS Acknowledged Date': ❑Not located in the ETJ of the following delegated and functioning programs: NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach Bruns: Leland/Navassa (?)/Oak Island Cart: Emerald Isle Onsl: Jacksonville Pend: Surf City / Major Mod / Minor Mo / Renewal !/ Existing Permit#: ❑Applicant&Permlttee are the same?' Expiration Date°: Permit Type: HD/ D/LDOverall/HD&LDCombo General Permit/Offsite/Exempt + Redevelopment ❑Offsite to SW8: Development Type: Commerci Residential/ her Ells Offsite Lot approved in Master Permit?s Subdivided?: ubdivision r Single Lot Rule(s): 2017 Coastal 008 Coastal ❑1995 Coastal ❑Phase II ❑Universal ❑1988 Coastal Permittee Type&Documents Needed: =Property Owner(s) Purchaser Lessee HCA Developer F—lViable? =Viable? =Viable? iable? 'Viable? =Deed =Purchase Aemt =Lease Election Minutes oPapeisrlk lication : $SOS(within 6mo) Checkif(s): El No Fee ❑Supplement ( nnewformorforolderforms:1 originolper SCM) — l•�// ❑O&M2 ❑Soils Report(sig ea Y ❑Calculations(signed/sese aled) ❑Deed Restrictions,if subdivided ❑Project Narrative ° ❑USGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N ❑Plans(2 Sets) NOTES: r Enter BIMS Acknowledged Date on this Sheet 'For New Projects-Enter New Permit#on Supplements&Deed Restriction Templates. s f /in 6 moteenths is different,STOP. Needs to a transferred first. WIC °If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first. If Lot not approved in master permit,STOP. Master permit needs mod. EMAILED ENGINEER DATE: �-- ® Comments: �10:7 REVIEWER NAME: G:\\\Reference Library\Procedures\Checklists\Completeness Review Checklist202109 08 c2� Pm(exxinnnl Aesnciarinn 1(anabemem December 23, 2022 North Carolina Environmental Quality 127 Cardinal Drive Wilmington, NC 28405 Re: Adams Landing, Permit # SW8140321 To whom it may concern, Attached/enclosed please find the following, Permit renewal form for SW8140321 (one original and one copy) Check in the amount of $505. For permit renewal Current pond maintenance contract Current BOD Minutes Articles of Incorporation If you have any questions, please contact me directly at 910-313-2315 Thank you, ��I1an ne Cam, c �— sociation Manager ECEIVE DEC 2 6 2022 BY:_----- Witmington Professional Association Management Brunswick County 1628 Doctors Circle Office(910)395-1500 1022 Grandiffora Drive,Suite 100 Wilmington,NC 28401 Fax(910)395-6229 Leland, NC 28451 Toll Free(855)266-4128 vv w.ceoco-nc.com SOSID: 1420651 Date Filed: 1/8/2015 12:44:00 PM Elaine F.Marshall North Carolina Secretary of State C2014 346 00527 ARTICLES OF INCORPORATION OF ADAMS LANDING OWNERS' ASSOCIATION 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 nonprofit corporation under and by virtue of the laws of the State of North Carolina. ARTICLE I NAME The name of the corporation is ADAMS LANDING OWNERS' ASSOCIATION. ARTICLE 11 The period,of duration of the corporation is perpetual. ARTICLE.III The purposes for which the corporation is organized are to engage in any lawful act or activity for which corporations may be organized under this Chapter, including, specifically, the maintenance of the Owners Association of ADAMS LANDING OWNERS located in New Hanover County,North Carolina. ARTICLE N The corporation shall have members which may be divided into such classes as shall be provided in the By-Laws. All members shall be accepted,appointed,elected,or designated in the manner provided in the By-Laws. ARTICLE V The Directors of the corporation shall be elected or appointed in the manner and for the terms provided in the By-Laws. ARTICLE VI No part of the net earnings of the corporation shall inure to the benefit of any officer, director, or member of the corporation; and upon dissolution of the corporation the assets thereof shall,after all of its liabilities and obligations have been discharged or adequate provision made therefor, be distributed to any association or associations organized for purposes similar to those set forth in ARTICLE III hereinabove,all as more particularly provided in the By-Laws of the corporation. ARTICLE VII The address of the initial registered office of the corporation in the State of North Carolina is 13515 NC H W Y 210,Rocky Point,Pender County,North Carolina 28457;and the name of its initial registered agent at such address is James C. Walker. rD EC 2 8 7079 BY: _ ARTICLE VIII The number of Directors constituting the initial Board of Directors shall be three(3);and the names and addresses of the persons who are to serve as initial Directors are: NAME ADDRESS James C. Walker 7606 Owl Roost Court Wilmington NC 28411 Ronald D. Adams 2440 Hwy 210 W Hampstead,NC 28443 Ronnie L. Adams 105 March Field Drive Wilmington NC 28411 ARTICLE IX The street address and county of the principal office of the corporation is: 13515 NC HWY 210, Rocky Point, Pender County,North Carolina 28457. ARTICLE X The name and address of the incorporator is: James C. Walker PO Box 100 Rocky Point NC 28457 This the_eday of December,2014. Janies C. Walker, Incorporator STROUD ENGINEERING, P.A. ILIEVUR 3 OCR 102-D Cinema Drive Wilmington, NC 28403 DATE 3/�I I JOB NOS6_V'/a/ / (910) 815.0775 ATTENTION( y /, C7 TO G, 1 _ L �/ S�y RE: (III U I `/ 0 3 21 C WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. // DESCRIPTION BY: THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS g"ga� t i ri b 2015 COPY TO SIGNED: If enclosures are not as noted,kindly notify us at once. Posey, Steven From: Luke Menius <I men ius@stroudengineer.com> Sent: Wednesday, March 04, 2015 11:14 AM To: Pusey, Steven Cc: 'Jim Walker' Subject: FW: Adam"s Landing request for recorded deed restrictions and engineer's certificate. Attachments: 20150225132214357.pdf; SW certification.pdf The certification for Adams Landing is attached. I will drop off the original this afternoon. The pond is built in accordance with the plans and is functioning in substantial compliance with the permit. Noted deficiencies are related to the pond still functioning as a sediment basin. The contractor put forth a remarkable effort in keeping sediment out of the pond despite the persistent wet weather we've had. As such, the pond depths are generally as designed. Once the site is stabilized (it has recently been seeded and is showing signs of good stand of grass) the skimmer will get retrofitted to a drawdown device per the plan, the pond will be mucked out, and the shelf will be permanently vegetated. It is my understanding that the deed restrictions either have been recorded or will be recorded in the next few days. I will get you a copy if you don't already have them. David L. Menius, P.E. Stroud Engineering, P.A. 1024D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudenoineer.com t , NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary February 23, 2015 James C. Walker, Member CBR Wilmington, LLC P.O. Box 100 1 Rocky Point,NC 28547 Subject: Request for Recorded Deed Restrictions & Engineer's Certification Adams Landing Stormwater Permit No. SW8 140321 New Hanover County Dear Mr. Walker: On June 10, 2014, the Wilmington Regional Office issued a State Stormwater Management Permit to you for Adams Landing. Per Section II.13-14 of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. In addition, per Section IL9 of the permit, an engineer's certification must be received certifying that the permitted facility has been installed in accordance with the permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A review of our files indicates that, as of this date, neither a copy of the recorded deed restrictions nor an engineer's certification has been received in this Office. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. In addition, failure to submit an engineer's certification upon completion of construction, prior to issuance of a Certificate of Occupancy and prior to operation of this permitted facility is a violation of your permit. Therefore, please forward a copy of the recorded deed restrictions and an engineer's certification (as applicable)to this Office at the address below by March 23, 2015, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 796-7215. Sincerely, Steven G. Pusey Environmental Engineer GDS/sgp: G:\\\Stormwater\Permits &Projects\2014\140321 HD\2015 02 req_deed&cert 140321 cc: New Hanover County Inspections David L. Menus, PE— Stroud Engineering, PA Marie Raynor, The MacDonald Law Firm, PLLC 1508 Military Cutoff Road, Suite 102, Wilmington,NC 28403 Wilmington Regional Office Stormwater File Division of Energy,Mineral,and Land Resources Land Quality Section-Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington,North Carolina 28405•(910)796-7215/Fax: (910)350-2004 Pusey, Steven From: Pusey, Steven Sent: Tuesday, August 26, 2014 10:49 AM To: 'Marie Raynor'; sburgess@nhcgov.com Cc: jimm@amdpllc.com Subject: RE: Proposed Declaration Adams Landing I have the following comments regarding your proposed deed restrictions for Adams Landing. I think it's important to clarify the number of lots. Please rephrase the statement in Article 9,Sec. 3b, about built-upon area as follows: "The maximum built-upon area or impervious surface for Lots in ADAMS LANDING shall be 3,300 square feet for all forty-two (42) lots, which includes future sections. These allotted amounts ..." If you disagree with the rephrasing of this statement, please give me a call to discuss. Regards, Steve Pusey DEMLR -----Original Message----- From: Marie Raynor [mailto:MarieRPmacdonaldlawfirm.net] Sent: Friday, August 22, 2014 11:24 AM To: sburgess@nhcgov.com; Pusey, Steven Cc: jimm@amdpllc.com Subject: Proposed Declaration Adams Landing Gentlemen - Please call Mr. MacDonald with any questions and/or comments. Thank you. Marie V. Raynor The MacDonald Law Firm, PLLC 1508 Military Cutoff Road, Suite 102 Wilmington, NC 28403 (910)256-6558 CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law office. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. 1. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation. «d oc20140822104815.pdf>> 1 - SW8 � HD .� 2j Pusey, Steven From: Marie Raynor<MarieR@macdonaldlawfirm.net> Sent: Friday, August 22. 2014 11:24 AM To: sburgess@nhcgov.com; Pusey, Steven Cc: jimm@amdpllc.com Subject: Proposed Declaration Adams Landing Attachments: doc20140822104815.pdf Gentlemen- Please call Mr. MacDonald with any questions and/or comments. Thank you. Marie V. Raynor The MacDonald Law Firm, PLLC 1508 Military Cutoff Road, Suite 102 Wilmington, NC 28403 (910)256-6558 CONFIDENTIALITY NOTICE:This electronic mail transmission has been sent by a law office. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient,you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, any part of it, or any attachments. 1. IRS CIRCULAR 230 DISCLOSURE:To ensure.compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used,for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission.There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation. <<doc20140822104815.pdf>> 1 Section 3.The Association shall be responsible to maintain the Common Elements and facilities located upon the Common Elements, platted conservation and buffer areas, and areas with similar descriptions, landscaped areas within road rights-of-way, the stormwater runoff and treatment systems, excluding driveway pipes and swales adjacent to lots, stormwater ponds,sign easement areas, and fences or other property designated to be maintained by the Association. ARTICLE 9 Restrictions on Use and Occupancy Section 1. No Lot shall be used except for single-family residential purposes. No commercial use shall be permitted on any Lot. No structure shall be erected, placed or permitted to remain on any Lot other than one(1)detached,single family residence dwelling not to exceed two and one-half stories in height above Floor or piling level and such outbuildings as are usually accessory to a single family residence dwelling, including a private enclosed garage. Section 2. Any dwelling constructed on a Lots subject to these Protective Covenants shall contain not less than 1000 square feet of fully enclosed and heated floor space all devoted to living purposes (exclusive of roofed or unroofed porches, breeze ways, terraces, porches, steps, walks, garages and any outbuildings). In computing the number of square feet allowed as provided herein, no square footage in any part of the dwelling that is constructed over a garage will be counted,unless it is an integral part of the living space and approved by DECLARANT. In the event of hardship, the Declarant or its successor in its sole discretion may grant a variance of up to ten percent(10%) from the minimum square footage requirement. Section 3. All Lots are subject to the State of North Carolina rules and regulations concerning stormwater runoff as these rules and regulations are set out herein and are as amended from time to time. a) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8140321 and modifications, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H. 1000. rb) The maximum built-upon area of impervious surface for Lots in ADAMS LANDING shall by�3,300 square feet for all lots including future sections. These allotted amounts include any built-upon area constructed within the Lot property boundaries, and that potion 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, tY concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Hc) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. d) These covenants are to run with the land and be binding on all persons and parties claiming under them. e) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. f) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 17 J g) All runoff from built-upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or street, grading the lot to drain toward the street or directly into the pond,or grading perimeter swales and directing them into the pond or street. h) Built upon area in excess of the permitted amount will require a permit modification. i) All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. j) Any individual or entity found to be in noncompliance with the provisions of a stonnwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S. 143, Article 21. k) If permeable pavement BUA credit is requested, the property owner must submit a request, with supporting documentation,to the permittee and receive approval prior to construction. DECLARANT reserves the right to recalculate the maximum allowable built upon atea in accordance with the storm water runoff rules and regulations of the State of North Carolina. All drainage swales or drainage patterns used to treat stonnwater runoff as required by the State of North Carolina may not be filled in, piped or changed without the consent of the DECLARANT, its designee, the Association, or the State of North Carolina and shall be maintained as set forth in Article 8 herein. For curb and gutter projects, no one may pipe, fill in, or alter any lot line Swale used to meet North Carolina Stormwater Management Permit requirements. The State of North Carolina is hereby made a beneficiary of these Protective Covenants to the extent necessary to enforce its stormwater runoff regulations as the same may be amended from time to time.This paragraph cannot be changed or deleted without the consent of the State of North Carolina. Section 4. No swimming pool on any Lot shall be placed or constructed without the approval of the DECLARANT or Committee and shall not be located nearer than twenty(20)feet from the side or rear lot lines. Section 5. No Lot or Lots shall be subdivided except to enlarge an adjoining Lot, but any Lot so enlarged cannot be improved with more than one single family dwelling. An Owner of a Lot and a portion or all of an adjoining and contiguous Lot or Lots may construct a dwelling and/or other structures permitted hereunder upon and across the dividing line of such adjoining and contiguous Lots, and thereafter such combinations of Lots or portions thereof shall be treated for all purposes under these Protective Covenants as a single Lot. Section 6. All Lot Owners shall maintain any street swales or lot line swale which are in place to meet North Carolina Stormwater Management Permit requirements and said lot owner is prohibited from piping, filling in or altering said swale without the express written consent of the Declarant, the Association and the North Carolina Division of Water Quality Control (DENR). All Lots shall be well maintained and no accumulation of rubbish or debris shall be permitted. The Owners of all unbuilt upon Lots in the Subdivision shall clear their Lots of underbrush at least one time each year. If the Owners do not clear their Lot as required by this paragraph,the Association shall have the authority to clear any such Lot of underbrush and separately assess the cost of such work against each Owner. Such charge shall be an individual assessment againstthe Owner and his Lot(s)and may be enforced in accordance with the provisions of Article 18 6 herein. Section 7. Owners shall be responsible for any damage done to any streets, roadways, access ways, Common Elements, Limited Common Elements or property of other Owners within the Subdivision which may be caused by any Owner, his agents, employees, guests, licensees or invitees. The Association shall have the authority to assess any Owner for such damage and such charge shall be an individual assessment against the Owner and his Lot(s)and maybe enforced in accordance with the provisions of Article 6 herein and N.C.G.S. 4717-3-1 15. Section 8. The following general prohibitions and requirements shall apply and control the improvements, maintenance and use of all Lots: a. No mobile home, trailer, tent, or temporary house, temporary garage or other temporary outbuildings or clothesline shall be placed or erected on any Lot, provided, however, that the Committee or DECLARANT may grant permission for temporary structures for storage of materials during construction. b. Once construction of a dwelling or other improvements is started on any Lot, the improvements must be substantially completed in accordance with the approved plans and specifications within twelve(12)months from commencement.Failure to complete construction within twelve(12)months from commencement date may result in a fine being imposed in the minimum amount of$500.00 per month, which fine shall be payable to DECLARANT until all Lots in the Subdivision have been sold, at which time the fine shall be payable to the Association. The fine imposed under this Section shall be an individual assessment enforceable in accordance with Article 6 herein. C. During construction of improvements on any Lot,adequate portable sanitary toilets must be provided for the construction crew. d. Construction activity on a Lot shall be confined within the boundaries of said Lot.Each Lot Owner shall have the obligation to collect and dispose of all rubbish and trash resulting from construction on his Lot. e. All dwellings and permitted structures erected or placed on any Lot shall be constructed of material of good grade,quality and appearance,and all construction shall be performed in good workmanship manner and quality. The covering for all roofs shall be shingles or materials approved by the Committee or DECLARANT. Materials and colors for the exterior of all dwellings and permitted structures must be approved by the Committee or DECLARANT.No used structures shall be relocated or placed on any Lot and no structures shall have an exterior constructed of asbestos or asphalt siding or paper composition, it being intended that only wood siding, manufactured lap siding, vinyl, brick or stone exteriors be constructed on Lots subject to these Protective Covenants. Modular and prefabricated homes may not be erected or placed on any Lot,without approval of the Committee or DECLARANT. f. Except structures erected by the DECLARANT,no structure erected upon any Lot may be used as a model exhibit or model house except those erected by H&H Constructors,Inc.,unless prior written permission to do so shall have been obtained from the Committee or DECLARANT. g. Any dwelling or improvement on any Lot that is destroyed in whole or in part by fire or other casualty shall be either rebuilt or tom down and all debris removed and the Lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain 19