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HomeMy WebLinkAboutSW8050309_Current Permit_20201020 v c 51A74,. ROY COOPER Governor MICHAEL S.REGAN % �� 1 Secretary °: M °- BRIAN WRENN NORTH CAROLINA Director Environmental Quality October 20, 2020 Juniper Creek Development, LLC Attn: Steve Shuttleworth,Member/Manager 711 Carolina Beach Avenue North Carolina Beach,NC 28428 Subject: Permit Transfer under N.C.G.S. 143-214.7(c5)/Notice of Inspection/Request for Permit Modification State Stormwater Management Permit No. SW8 050309 Juniper Creek Subdivision Brunswick County Dear Mr. Shuttleworth: Effective August 1,2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ)to the Division of Energy,Mineral and Land Resources(DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1,2013 until they are modified. Please note that this permit will now reference DEMLR as the Division responsible for issuance of the permit On July 20,2020,the Wilmington Regional Office received a complete request to transfer ownership of the subject state stormwater management permit under the provisions of 15A NCAC 02H.1045(1Xc)and N.C.G.S. 143-214.7(c5). DEMLR staff has inspected the project,reviewed the available documentation,and determined that the project is currently NOT in compliance with the terms and conditions of the state stormwater permit. To bring this project into compliance with the Stormwater Regulations and MDC,these deviations will need to be corrected per your Plan of Action and Schedule of Compliance in response to the attached inspection report. By signing the Name/Ownership Transfer form,providing a Plan of Action,and providing a signed Operation and Maintenance Agreement,you have accepted the responsibility for complying with the terms and conditions outlined in this permit. The Division has determined that the provisions of N.C.G.S. 143-214.7(c5) have been met as indicated by the supporting documents and findings listed below: 1. The successor-owner of the property has submitted a written request for the transfer of the permit. Reference is made to the attached signed Name/Ownership Change Form. 2. The original permit holder,Juniper Creek,LLC,was lawfully and fmally divested of title to the property on which the permitted activity is occurring.Reference is made to Commissioner's Deed Book 4134, Page 540. Also reference foreclosure proceeding Case# 18 CVD 772, filed in Brunswick County. 3. The successor-owner holds title to the property on which the permitted activity is occurring.Reference is made to the deed recorded on June 29,2020 in DB 4386 PG 400 with Brunswick County. 4. The successor owner has not proposed any substantial changes to the permitted activity. 5. The updated permit does not impose new or different terms—it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. The Division is hereby notifying you that the requirements of N.C.G.S. 143-214.7(c5)have been met and that the subject permit has been transferred on October 12,2020. A copy of the transferred/updated permit and the inspection report,and other associated documents are enclosed. Please reference the inspection report and provide a Plan of Action with schedule fur compliance as soon as possible. This permit shall be effective from the date of issuance until rescinded. The project shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems.Please note that this permit is not transferable except after notice to and approval by the Division. .. D7-15,1North Carolina Department of Environmental Quality i Division of Energy.Mineral and land Resources ,----- Wilmington Regional Office I l27 Cardinal Drive Extension Wilmington,North Carolina Z0S Nam I CAROLINA IIBISMIIMIt a EINITOIRIIIMIll IIII 910.796.7215 State Stormwater Permit No. SW8 050309 Page 2 of 2 This cover letter,attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. The project is subject to the conditions and limitations as specified in the updated and transferred permit. Failure to comply with these requirements will result in future compliance problems.Please note that this permit is not transferable except after notice to and approval by the Division. If you have any questions,need additional copies of documents,please contact Steve Pusey in the Wilmington Regional Office, at(910) 796-7215 or steven.pusey@ncdenr.gov. Sincerely, r + ' 1 Brian Wrenn,Director Division of Energy,Mineral and Land Resources Enclosures: copy of Schedule D Copy of the Permit Transfer Application Form copy of the signed and approved Operation&Maintenance Agreement copy of the latest compliance inspection report DES/sgp: \1\Stormwater\Permits&Projects\2005\050309 LD\2020 10 permit 050309 cc: Wilmington Regional Office Stormwater File Robb Mairs,DWR-Wetlands via Email Gary Beecher,USACE via Email • State Stormwater Management Systems Permit No. SW8 050309 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT WITH A CURB OUTLET SYSTEM In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO: Juniper Creek Development, LLC Juniper Creek Subdivision Hidden Creek Drive off Old Fayetteville Rd., Brunswick County FOR THE construction, operation and maintenance of a 30% low density subdivision with a curb outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with the Division of Energy, Mineral and Land Resources (the "Division" or"DEMLR") and considered an enforceable part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. CORRECTIONS NEEDED and SCHEDULE OF COMPLIANCE. To bring this project into compliance with the Stormwater Regulations and design criteria, these deviations will be corrected within the proposed schedule of compliance as documented in Attachment D. The schedule must be adhered to unless an extension or revised plan of action is submitted and approved by the Division 2. The project is permitted for 100 lots with Lots 1 through 51 limited to a maximum of 5,979 square feet each of built-upon area, and Lots 52 through 100 limited to a maximum of 4,500 square feet each of built-upon area, as defined by the stormwater rules, and as indicated in the approved plans. 3. The overall tract built-upon area percentage for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules. 4. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots. Page 1 of 5 State Stormwater Management Systems Permit No. SW8 050309 5. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 6. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 7. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. II. SCHEDULE OF COMPLIANCE 1. Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface, per the approved plans 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at the design condition, to include: a. Inspections b. Sediment removal. c. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. 4. 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. Page 2 of 5 State Stormwater Management Systems Permit No. SW8 050309 5. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 6. The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project. 7. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 8. Each lot in the subdivision covered by this permit will maintain a minimum 30-foot wide vegetative buffer between all impervious areas and surface waters. 9. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. 10. All roof drains must terminate at least 30' from the Mean High-Water mark. 11. The following deed restrictions and protective covenants related to stormwater management, inclusive of Lots 1 through 23, have been recorded in Book 2694 on Pages 22-23 with the Brunswick County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity. All future lots will be subject to the maximum built-upon area as set forth in a Supplemental Declaration, or if not set forth, as provided in the permit. a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number 050309, 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 for Lots 1 through 23 is 5,979 square feet each, and for future lots 24 through 51 is 5,979 square feet each, and for future lots 52 through 100 is 4,500 square feet each. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyance (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Lots within AMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. Filling in, piping, or altering any designated 5:1 curb outlet swale or vegetated area associated with the development is prohibited by any persons. j. A 30' vegetated buffer must be maintained between all built-upon area and the Mean High-Water line of surface waters. Page 3 of 5 State Stormwater Management Systems Permit No. SW8 050309 k. All roof drains shall terminate at least 30' from the Mean High-Water mark. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 12. 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. 13. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 14. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 15. Prior to transfer of ownership, the swales must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. 16. The final plats for the project will be recorded showing all required swale easements and common areas, in accordance with the approved plans. III. GENERAL CONDITIONS 1. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 2. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14- 05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; 3. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. Page 4 of 5 State Stormwater Management Systems Permit No. SW8 050309 4. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 5. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143- 215.1 et. al. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits or approvals result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DEQ Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and its' components. Permit updated, transferred, and reissued this the 20th day of October 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wrenn, Direc r Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit No. SW8 050309 Page 5 of 5 RECEIVEDN OCT 15 2020 CDQ North Carolina Department of Environmental QualityLMiNGTEON Ra 127 Cardinal Drive Wilmington NC 28405 Mr.Steven G. Pusey Re: Permit SW8050309 Plan of Action and Schedule Mr. Pusey as per your request please see the below plan of action on the items noted in the inspection report dated 9- 16-20.The request is for a developer to developer transfer. I am the FRP. The site is under active development.We anticipate having all development work completed in the next 90 days weather permitting. The Storm water collection system is a Low Density design.The majority of the swales have been installed and we are in the process of stabilizing them. 1. The Engineer's certification will be completed once all active development is complete and all other items noted in the field report have been addressed. The current scheduie is that to have the certification done in the next 180 days, after we complete the final phase 3 lots development. 2. The Recorded restrictive Covenants are attached. 3. There is no significant modification being contemplated.A minor modification maybe submitted for approval upon transfer of the permit 4. The roads and areas that are"prone to flooding" have been abandoned in the reworked approved master plan attached.This plan simply abandons a certain number of lots and the hammerhead road terminus at the rear of Island Creek. 5. We have a no construction in wetlands determination form the Corps.We are not developing anything which is an impact within wetlands last approved JD wetlands map. Sincerely, Steve Shuttleworth Juniper Creek Development LLC Member/Manager UbMLI'USb ONLY Date a ived Fee Paid Permit Number 9 cuaox .14.7P cos - Spa- 05a36 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://dea.nc.gov/contact/regional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.);or 3. in the case where a transfer falls under G.S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official(for current and proposed permittee) must meet the following: • Corporation -a principal executive officer of at least the level of vice-president; • Limited Liability Company(LLC)-the designated manager; (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality-a ranking official or duly authorized employee; • Partnership or limited partnership-the general partner; • Sole proprietor; • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 050309 2. Project name: Juniper Creek Subdivision Is this an updated project name from the current permit? ❑Yes ® No 3. Reason for the permit transfer request: Proiect has changed ownership several times. Since permit was never transferred the original permittee Juniper Creek, LLC with Jeff Harvell as Managing Member has completed current permittee section. The new owners would like to have permits transferred into Juniper Creek Development, LLC pPc°7-,Pr-7'4 44.kt ' JUL 2 0 2020 hi Stormwater Permit Transfer Application Form Page 1 of 7 April 27,2018 B. PERSON(S)WHO HAVE SIGNED THIS FORM (select only one response below) ® 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F& G). in accordance with G.S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent(50%) of the units or lots to owners other than a declarant(provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act(see§47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either(select one of the following): ❑ The successor-owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor-owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is(select at least one of the following, but all that apply): ❑ A natural person who is deceased. O 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. R117"1"_,_ ! :.'gyp '! .I j' JUL2O2O2O rJ BY: Stormwater Permit Transfer Application Form Page 2 of 7 April 27,2018 C. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark"X"if previously provided. If not applicable or not available, please mark N/A.: Y 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). Y 2. Two hard copies(with original signatures)and one electronic copy of this completed form and the required items. Y 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. Y 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s)from the proposed permittee, as required by the permit. Y 5. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. N/A 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. Y 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built-upon area or the maximum allowed total built-upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. N/A 8. If transferring under G.S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals(not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are acceptable. N/A 9. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. N/A 10. A copy of the lease agreement if the proposed permittee is the lessee. N/A 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. N/A 12. A copy of the development agreement if the proposed permittee is the developer. JUL 2 0 2020 BY: Stormwater Permit Transfer Application Form Page 3 of 7 April 27,2018 D. CURRENT PERIAITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Juniper Creek. LLC 2. Signing Official's Name: Jeff Harvell 3. Signing Official's Title: Member, Manaoer 4. Mailing Address: City: /Nl(S• 2Nm sr. .*i09 A/.LM) lWstate: A/i"i ZIP: 5. Street Address City: it/;IAT)alb O4•1 State: A'Ci ZIP: 6. Phone: 4!D 4/q3 .Q/S-1/ Email_ P/-14eV&Grp ,L . CO I, Jeff Harvell , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) the most recent permit; ❑ the designees 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 reque package will be returned as incomplete I assign all rights and obligations as permittee the ropos rmittee named below. I understand that this request to transfer the permit may not be p ve y the LR unless and until the facility is in compliance with the permit. Signature: Date: 6 '*•.42. � I, T1-1154214 i(t!Vl11r , a Notary Public for the State of 0 1 1f` , County of /Clew H4I'W vtr. , do hereby certify 'that QQ 1--tar VQIi personally appeared before me this the 1014 \`fit aft IL)/i)/Z� ,20 &00___ , and acknowledge the due execution of the forgoing� nI' my hand and official seal, oTAR y (Notary Seal) a _ Notary•Signature: -. r.. A I f \ \i, _ '^N -rt'�°� JUL 2 0 2020 My commission expires L' ,5 -- di BY: tgi Stormwater Permit Transfer Application Form Page 4 of 7 April 27,2018 • E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ® Property owner(Also complete Part F.) ❑ Home Owners Association (HOA), Property Owners Association (POA),or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee-Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F& G.) ❑ Purchaser-Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F& G.) El Developer-Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F& G.) 2. Proposed permittee name (check one of the following and provide the name): ® Corporation, LLC, Partnership, Municipality name: Juniper Creek Development. LLC ❑ HOA/POA/UOA name: El Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: Steve Shuttleworth b. Signing Official's Title: Member, Manager c. Mailing Address: 711 Carolina Beach Avenue North City: Carolina Beach State: North Carolina ZIP : 28428 d. Street Address: same as listed above City: State: ZIP : 28428 e. Phone: (719)499-1373 Email:steve( steveshuttleworth.com 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: b. Contact Name: Title: c. Mailing Address: d. City: State: ZIP: e. Phone: ( ) Email: e'-'::::-�-. JUL 2 0 2020 BY: iii Stormwater Permit Transfer Application Form Page 5 of 7 April 27,2018 F. PROPOSED PERMITTEE CERTIFICATION I, Steve Shuttleworth , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): ® 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; El past maintenance records from the previous permittee (where required); El 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 a maintain the approved stormwater management system pursuant to the re ' en in the er ' nd in the operation and maintenance agreement. Signature: Date: &'— 15 - ?d two L . , a Notary Public for the State of Cot I i).p , 3 County of cbtlelsu. x_lc, _ , do hereby certify that Q,�� personally appeared before me this the - day of , 203, and �,,,,,,,,I,,,,,►, acknpQ�� tiv , ,execution of the forgoing instrument. Witness my hand and official seal, r �P' OTARy%�2%_ (Dlota?y Seal) � ®•s •• UB 4 IOW" My con lsekorf'epires ) 7 - JUL 2 0 ir 2020 Stormwater Permit Transfer Application Form Page 6 of 7 April 27,2018 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: State: ZIP : Phone: ( ) Email: I, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the property from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase, lease or developer agreement/contract is cancelled or defaults. I understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. Signature of the property owner Date: I, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature My commission expires Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 Operation & Maintenance Agreement Project Name: Juniper Creek Subdivision Project Location: Leland, NC 28451 Cover Pali Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures,safety of the public,and the pollutant removal efficiency of the BMP(s). The BMP(s)on this project include (check all that apply&corresponding O&M tables will be added automatically): Bioretention Cell Quantity: Location(s): Dry Detention Basin Quantity: Location(s): Grassed Swale Quantity: 14 Location(s): Green Roof Quantity: Location(s): Infiltration Basin Quantity: Location(s): Infiltration Trench Quantity: Location(s): Level SpreaderNFS Quantity: Location(s): Permeable Pavement Quantity: Location(s): Proprietary System Quantity: Location(s): Rainwater Harvesting Quantity: Location(s): Sand Filter Quantity: Location(s): Stormwater Wetland Quantity: Location(s): Wet Detention Basin Quantity: Location(s): Disconnected Impervious Area Present: No Location(s): User Defined BMP Present: No Location(s): I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. *Responsible Party: Juniper Creek Development,LLC-Steve Shuttleworth Title&Organization: Juniper Creek Subdivision Street address: 615 Carolina Beach Ave. N., Unit B City, state, zip: Carolina Beach, North Carolina 28428 Phone number(s): 719.499-1373 Email: steve@steveshuttleworth.com Signature: Date: � "2,3 I, i ( y(,t,� , a Notary Public for the State of 'v County of b J,v,/ , do hearby certify that O— 3' h i t;=.` t p LAN p personally appeared before me this / (, day of 0 0 6 and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, (.Q _S4-.) 111 JUL 2 0 2020 NYLLIA MANN BY:_ OTARY PUBUC7 NEW MOVER COUNTY,NC n Ex My omm .i ire& c mer 4 / Cis p b 202 Y.64)(hi56i bZ ST RM-EZ 6/15/2020 Version 1.4 O&M Manual Page 1 ofp of rasse, ale Maintenance equirements Important maintenance procedures: The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed swale. _After the first-time fertilization to establish the grass in the swale,fertilizer will not be applied to the grassed swale. I The grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows.Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The entire length of the Trash/debris is present. Remove the trash/debris. swale Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re-sod (or erosive gullies have formed. plant with other appropriate species)and water until established. Provide lime and a one-time fertilizer application. Sediment covers the grass at Remove sediment and dispose in an area that will not impact streams the bottom of the swale. or BMPs. Re-sod if necessary. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. iJUL, 2 0 2020 j BY STORM-EZ 6/15/2020 Version 1.4 O&M Manual Pagel off Compliance Inspection Report Permit: SW8050309 Effective: 03/17/05 Expiration: Project: Juniper Creek Owner: Juniper Creek, LLC County: Brunswick Adress: Old Fayetteville Rd Region: Wilmington City/State/Zip: Leland NC 28451 Contact Person:Jeff Harvell Title: Phone:910-253-8111 Directions to Project: From intersection of US 17&US 74, travel north approx 1.3 miles. Turn left on Old Fayetteville Rd., Site is approx 1.3 miles on right. Type of Project: State Stormwater-LD Curb and Gutter Drain Areas: 1 - On-Site Representative(s): Related Permits: Inspection Date: 09/16/2020 Entry Time 03:OOPM Exit Time:03:30PM Primary Inspector: Creighton A Brown Phone:910-796-7215 Secondary Inspector(s): Steven G Pusey Reason for Inspection: Routine Inspection Type: Transfer Renewal Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) page 1 Permit: SW8050309 Owner-Project: Juniper Creek,LLC Inspection Date: 09/16/2020 Inspection Type Transfer Renewal Reason for Visit: Routine Inspection Summary: The following deficiencies need to be resolved: 1. Swaies need to be re-evaluated and possibly re-designed for each sub-drainage area. Overall drainage area needs be stabilized. 2. Overall lot layout is not in accordance with the plans, and there are no street names on the plans. 3.An approximate 3'deep ditch, going through several wetland areas, was constructed instead of the 1'deep trapezoir swale specified in uplands. This ditch has now been filled back and vegetation is established. The swales in these areas will need to be redesigned. 4. Many lots and road sections are prone to flooding. The wetlands will need to be redelineated on a new jurisdictional wetlands survey signed by the Corps of Engineers. Once the new jurisdictional wetlands determination is complete, th stormwater plans should be modified accordingly. To correct these deficiencies, the following actions must be taken: Provide a written "Plan of Action"which outlines the actions you will take to correct the violation(s)and a time frame for completion of those actions. Your plan of action should address the time frame for providing a jurisdictional wetlands survey, and submittal of an application to modify the permit, including revised site plans, grading/drainage plans, and revised calculations as applicable to the new design. page 2 Permit: SW8050309 Owner-Project: Juniper Creek,LLC Inspection Date: 09/16/2020 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? ® ❑ 0 ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? • ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? 0 • 0 ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? • ❑ ❑ ❑ Comment: Swales need to be re-evaluated and possibly re-designed for each sub-drainage area. Overall drainac area needs to be stabilized. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ • 0 0 Are the inlets Located per the approved plans? ❑ � ❑ ❑ Are the outlet structures located per the approved plans? ❑ U ❑ ❑ Comment: Per Section 11.4 of the Permit,the permittee shall submit to the Director and shall have received appro' for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans. 1. Overall lot layout is not in accordance with the plans, and there are no street names on the plans. 2.An approximate 3'deep ditch, going through several wetland areas, was constructed instead of the deep trapezoidal swale specified in uplands. This ditch has now been filled back and vegetation is established. The swales in these areas will need to be redesigned. 3. Many lots and road sections are prone to flooding. The wetlands will need to be redelineated on a new jurisdictional wetlands survey signed by the Corps of Engineers. Once the new jurisdictional wetlands determination is complete, the stormwater plans should be modified accordingly. 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 IN DWQ upon request? Comment: Swale PH 1-4: Established and overgrown. Swale PH 1-5: Established but channel has been excavated. Remaining Phase 1 above lots 10&24 are actively being constructed. Check dams need to be installed and vegetation established in swales. page 3 Permit No.. 07 0503 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM CURB OUTLET SYSTEM SUPPLEMENT FOR LOW DENSITY DEVELOPMENT WITH CURB AND GUTTER This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, a curb outlet system supplement, a low density supplement, design calculations, and plans and specifications showing all Stormwater conveyances and curb outlet details. I. PROJECT INFORMATION Project Name: Juniper Creek Contact Person: Jeff Harvell Phone Number: ( 910) 443-2154 Curb outlets to (check one): A'Swale 0 Vegetated Area II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section i 5A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials J,. �, n a. Curb outlets direct flow to a swale or vegetated area. rn b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a minimum, �J the peak flow from the 10-year storm. 0,9- c. Flow velocity is non-erosive for peak flow from the 10-year storm event. o2a d. Longitudinal slope of the swale or vegetated area does not exceed 5%. e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical). f. Length of swale or vegetated area is> 100 feet. 0/6 g. The system takes into account the run-off at ultimate built-out potential from all surfaces draining to the system (delineate drainage area for each swale). h. Swales are located in recorded drainage easements. G� V i. Grass type(s) for permanent vegetative cover specified on detail. j. Swale detail provided on plans. Form SWU-105 Ver 3.99 Page 1 of 3 i "-2ct-0-7-- III. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Table 1. Swale Design Information Swale No. Drainage Impervious Grassed C Q Vallow Vasa, Flow Area(ac) Area(ac) (cfs) (fps) (fps) Depth(ft) Ph1-1 3.41 1.72 1.69 0.49 11.79 5 1.66 1 Bound-1 3.51 1.64 1.87 1.46 11.37 5 1.66 1 , Ph1-2 1.50 0.77 0.73 0.49 5.25 5 1.70 1 Ph1-3 1.72 0.81 0.90 0.46 5.64 5 1.48 1 Ph1-4 0.60 0.37 0.22 0.59 2.49 5 1.66 1 Ph1-5 0.81 0.48 0.33 0.56 3.24 5 1.66 1 Ph1-6 3.60 1.59 2.01 0.43 11.08 5 1.66 1 Ph1-7 1.36 0.69 0.67 0.49 4.72 5 1.62 1 Ph1-8 1.24 0.87 0.37 0.50 4.44 5 1.66 1 Bound-2 0.80 0.20 0.60 0.50 2.86 5 1.66 1 Ph2-1 2.93 1.50 1.43 0.49 10.29 5 1.66 1 Ph2-1 0.87 0.47 0.40 0.52 3.19 5 1.77 1 Ph3-1 2.84 1.42 1.42 0.48 9.76 5 1.73 1 Ph3-2 3.90 1.70 2.21 0.43 11.90 5 1.73 1 Ph3-3 1.42 0.81 0.61 0.54 5.49 5 1.73 1 1 I i I I I I i I Form SWU-105 Ver 3.99 Page 2 of 3 III. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time. 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Jeff Harvell Address: Post Office Box 173, Leland,North Carolina 28451 Phone: (910) 443- 5 Date: o� ?- On Signature: Note: The legally respo e s oul not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivisi a'be named the president. I, (--` L it , aaN Notary y Public for the State ofNorth Carolina ,County of Brunswick , do hereby certify that < y�l3 V1JQ_QQ. personally appeared before me this day of / ,&Qc-) ,and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, wrr Yam, x My commission expires i -pT)—&c.)d" .4%.•• NimrerWatnksgr Form SWU-105 Ver 3.99 Page 3 of 3