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HomeMy WebLinkAboutNCC233057_FRO Submitted_20231030 City of Greensboro, NC Grading Permit Application GREENSBORC Owner Information: Permit#: Company O.R.Horton,Inc Contact Matt Tanner Address 4150 Mendenhall Oaks Parkway,Suite 101 Phone No. (336)337.2594 High Point,NC 27265 Email mitanner@drhorton.com Project Information: Project Name Brookhaven Mill Address 1600 Brookhaven Mill Latitude 36.049231 _ _Longitude -79.683294 Greensboro,NC 27406 Tax Map Area Graded 116.24 Acres and/or 5,063,414 sq.ft. Site Area 145.32 Acres and/or 6,330,139 sci ft Proposed Use of Property Residential Zoning Co-RM-5 Brief Description of Project Location Brookhaven Mill Road,approximately 900 LF south of the intersection of Brookhaven Mill Road and McConnell Road. Brief Description of Development Plan This is a multi-phase subdivision that includes single family lots,townhomes and associated amenity areas. If this application is approved by the properly designated authorities and a grading permit issued,the undersigned does hereby agree to comply with all applicable City regulations under the Greensboro Soil Erosion and Sedimentation Control Ordinance as described in Chapter 30-12-6 of the Greensboro Land Development Ordinance. Before beginning any grading operation,call for an on-site pre-construction meeting,and when area has been protected,call for final inspection. / �} Signature of owner,developer,or agent:1/7/ Date: % %- 9.3 FOR OFFICE USE Approved by Date Permit No. Date Tracking No. Date Approved Tracking Type: TRC Grading Surety Amount _ _ Surety Type: LOC SCB HOD Check Surety Number Surety Expiration Date Temporary Measures Approved Date Final Inspection Approved Date CITY OF GREENSBORO FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity covered by the Sedimentation Pollution Control Act before this form has been completed and filed with the Sediment and Erosion Control Section of the City of Greensboro. (Please type or print and, if questions are not applicable, place N/A in the blank). Part A: 1. Project Name: Brookhaven Mill 2. Location of land-disturbing activity: 1600 Brookhaven Mill Road 3. Approximate date land disturbing activity will be commenced: Summer 2023 4. Development type: Commercial_ Industrial_ Institutional_ MF residential ✓ SF residential ✓ 5. Approximate acreage of land to be disturbed: 116.24 AC 6. Has an erosion and sediment control plan been filed? Yes i No 7. Landowner(s) of Record (attach pages to list additional owners): D.R.Horton,Inc (336)337-2594 mjtannerandrhorton.com Name Telephone Email 4150 Mendenhall Oaks Parkway,Suite 101 4150 Mendenhall Oaks Parkway,Suite 101 Current Mailing Address Current Physical Street Address High Point NC 27265 High Point NC 27265 City State Zip City State Zip Q 8. Deed County: Guilford Book: v 7 G 1 Page: I (I,09 9. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name: Matt Tanner(D.R.Horton,Inc) Telephone: (336)337»2594 E-mail: mjtanner@drhorton.com Other: Part B: 1. Company(ies) or firm(s)who are financially responsible for the land-disturbing activity(Provide a comprehensive list of all responsible parties on an attached sheet.) If the company or firm is a sole proprietorship the name of the owner or manager may be listed as the financially responsible party. D.R.Horton,Inc (336)337.2594 mjtanner@drhorton.com Name Telephone Email 4150 Mendenhall Oaks Parkway,Suite 101 4150 Mendenhall Oaks Parkway,Suite 101 Current Mailing Address Current Physical Street Address High Point NC 27265 High Point NC 27265 City State Zip City State Zip 2. (a) if the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name Telephone Email Current Mailing Address Current Physical Street Address City State Zip City State Zip (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Matt Tanner(D.R.Horton,Inc) (336)337-2594 mjtanner@drhorton.com Name Telephone Email 4150 Mendenhall Oaks Parkway,Suite 101 4150 Mendenhall Oaks Parkway,Suite 101 Current Mailing Address Current Physical Street Address High Point NC 27265 High Point NC 27265 City State Zip City State Zip The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney- in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Matt Tanner NPDES Technical Compliance Administrator Type or print e Title or Authority --,g_f- ..1) ignature Date 7 I, �i/ O/),it- C a Notary Public of the County of FriKkj..,Y1--- State of I V om_ �, hereby certify that ci-1-7- 1—1`17t-j Personally accepted before me this day and under oath acknowledged that the above form was executed by owner(s). Witness my hand and notaral seal, this/ day , 20 05 . My Commission expire /5 . ,s.Mors/ 0� o�M�ss,oN 0 4% N NOTARYPUBLIC kAitY15.1', CITY OF GREENSBORO WATER RESOURCES DEPARTMENT ca ce��seoco SEDIMENT AND EROSION CONTROL SECTION e mgm RESPONSIBILITY: The owner of any property within the City limits of the City of Greensboro where a land-disturbing activity is taking place, shall be solely responsible for any off-site damage to adjacent property or to City streets (mud and erosion in street), that may have been caused by the lack of erosion control measures and poor maintenance. The soil erosion measures detailed on your plans are the minimum required by the City of Greensboro. When conditions become apparent the owner/developer may be required by the City of Greensboro to have his/her engineers to design or redesign additional measures/devices to assure land protection. 1. Erosion Control measures shall be installed prior to grading and according to plans or as directed by the City of Greensboro's Erosion Control Inspector. 2. The approval of the Erosion Control plan does not mean that additional measures may not be required to stop off-site sediment. 3. The Owner/Developer shall require the Contractor to take every reasonable precaution throughout construction to prevent erosion of soil and sedimentation of streams, lakes, reservoirs, other impoundments, ground surfaces or other property, as required by Chapter 30, Soil Erosion and Sedimentation Control, of the Code of Ordinances, City of Greensboro, North Carolina. 4. The Owner/Developer is responsible for maintaining the erosion and sediment control devices for the duration of the construction. a. Inspect the site after each rain and periodically to ensure workmanship is according to plan and site is in compliance with the Erosion Control Ordinance. b. Repair or replace damaged or inoperative devices as directed by the Soil Erosion Inspector within a reasonable time or time set forth by the inspector. c. Keep mud off city streets 5. If eroded soil from the site is deposited on adjacent property, public street or into a waterway, the Owner/Developer shall be responsible for returning the adjacent property, city street or waterway to its original condition satisfactorily to the City or the owner of the property. 6. After placement of asphalt binder on newly constructed street the shoulder shall be seeded within fourteen (14) days according to the Seeding Specifications. 7. Temporary or permanent groundcover shall be provided on all perimeter areas and slopes 3:1 or greater within 7 calendar days following completion of any phase of grading. Provide groundcover for all disturbed areas within 14 calendar days following completion of construction or development. 8. The Owner/Developer must plan site work so stone placement on drive entrance, driveway and parking lot can start immediately after fine grading. 9. The Owner or Responsible Party is responsible for the long-term maintenance of the groundcover on the property. Groundcover must be maintained to a degree that prevents soil erosion and sedimentation at all times. The City of Greensboro has the authority to require changes in the owner's groundcover maintenance plan in order to stop soil erosion and sedimentation at any time. Section 30-5-5.4 (B) —Specific Civil Penalties Any person who violates any of the provisions of this chapter, or rules or orders adopted or issued pursuant to this chapter, or who initiates of continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty of up to five thousand dollars ($5000.00) per day. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail return receipt requested, or other means. The notice shall describe the violation with reasonable particularity, give the person a reasonable time period to correct the violation and state that failure to correct the violation will result in assessment of a civil penalty of up to five thousand ($5000.00) per day or other enforcement action including criminal penalties. Each day of continuing violation shall constitute a separate violation. The city council shall determine the amount of the civil penalty to be assessed under this subsection and shall make written demand for payment upon the person in violation, and shall set forth in detail a description of the violation for which the penalty has been imposed. In determining the amount of the penalty the governing body shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. If payment is not received or equitable settlement reached within thirty (30) days after demand for payment is made the matter shall be referred to the city attorney for institution of a civil action in the name of the city in the appropriate division of the general courts of justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this chapter. Signature: 7‘°1-"Zc--- Date: / Owner(Print): D.R.Horton,Inc. Date: Project Address: 1600 Brookhaven Mill Road Book 8761 Page 1609 BK: R 8761 PG: 1609-1613 NC FEE s26.00 RECORDED: 2023041550 STATE OF NC 09/07/2023 GUILFORD COUNTY. NC REAL ESTATE 02:02:44 PM JEFF L.THIGPEN DEPUTY-GB REGISTER OF DEEDS EXTX$6800.00 BY:KELLY SALO SPECIAL WARRANTY DEED NORTH CAROLINA ) GUILFORD COUNTY ) Prepared by: Scott T.Horn,Esq. ***No title search performed or requested*** Return to: Grantee Excise Tax: $6,800.00 Tax Parcel#: 115700 Street Address: 1622 Brookhaven Mill Road,Greensboro,NC THIS SPECIAL WARRANTY DEED,made to be effective as of the day of September 2023,by and between: Brookhaven Development Group,LLC, a North Carolina limited liability company having an address of P.O. Box 341, Dobson,NC 27017; (hereinafter"Grantor") and D. R. Horton,Inc., a Delaware corporation, having an address of 2000 Aerial Center Parkway, Ste. 110, Morrisville,NC 27560 (hereinafter"Grantee"). WITNES SETH: That the Grantor, for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee,in fee simple,subject to the Reserved Easement described hereinhelow,all those tracts or parcels of land being situated in Guilford County, North Carolina and more particularly described as follows (the "Property"): See Exhibit A attached hereto and incorporated herein by reference submitted electronically by "Bagwell Holt smith P.A. in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Guilford county Register of Deeds. Book 8761 Page 1610 The Property herein conveyed does not include the primary residence of the Grantor. The Property hereinabove described was acquired by Grantor by instruments recorded in Deed Book 8671,Pages 2598,2608,2615,2622, 2626,2628,2630, and 2633. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor has done nothing to impair such title as Grantor received,and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, but no further, subject only to the exceptions set forth in Exhibit B attached hereto and incorporated herein by reference. Reserved Easement: Notwithstanding any provision herein to the contrary, the Grantor reserves for itself and its successors and assigns, until the easement terminates as set forth below, an easement and right of way for vehicular and pedestrian ingress, egress, and regress (the "Easement")over and across the Property for the benefit of the Grantor's lands identified as"Tract 1", consisting of approximately 4.478 acres, and "Tract 6B", consisting of approximately 14.600 acres (collectively, the "Adjoining Land") as more particularly shown and described on the Recombination Plat for Brookhaven Development Group, LLC,recorded in Plat Book 213, Page 27, in the office of the Guilford County Register of Deeds; provided,however, that the Easement reserved hereby shall only be located within those portions of the Property that are, or will be, roads, sidewalks, entryways, detention ponds, and stormwater and other utility easements, and other areas within the Property which are not subdivided and intended to be lots for the construction of single-family homes or multi-family structures.The Easement granted herein shall be appurtenant to and run with the Adjoining Land,and the contemplated burden of the Easement shall be for the subdivision and development of the Adjoining Land for residential purposes with the maximum density of residential structures (whether single-family homes or multi-family structures) as may be permitted under the zoning classification applicable to the Adjoining Land (as of the date of this deed or at any time in the future),and if Property is not developed by Grantee (or any successor in interest)for residential purposes,then the Easement granted herein may also be used at such intensity and for such purposes or uses as may be developed on the Property. The Easement shall exist and remain in effect until such time as Grantee (or any successor in interest to Grantee) acquires fee simple title in and to all of the Adjoining Land. IN WITNESS WHEREOF, Grantor has caused these presents to be executed,as of the day and year first above written. [Signature and acknowledgment follow] Book 8761 Page 1611 Signature page to Special Warranty Deed BROOKHAVEN DEVELOPMENT GROUP,LLC By: �) / • (seal) Daniel F. Barnes,Manager STATE OF NORTH CAROLINA ) COUNTY OF SURRY ) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Daniel F. Barnes Date: August 31,2023 GC/u e�20() sL3. ' it/ Mich S. Gough,Notary Public w My commission expires: July 5,2025 Michelle S.Gough NOTARY PUBLIC (seal) Surry County, NC My Commission Expires July 05,2025 Book 8761 Page 1612 Exhibit A Being all of New Lot #1, consisting of approximately 126.034 acres, as shown on the Recombination Plat for Brookhaven Development Group,LLC, recorded in Plat Book 213, Page 27,in the office of the Guilford County Register of Deeds,reference to which is hereby made for a more particular description. Book 8761 Page 1613 Exhibit B Permitted Exceptions 1. Ad valorem taxes for 2023 and subsequent years. 2. All easements,restrictions, covenants, and rights-of-ways of record. 3. All zoning,building,and environmental laws, codes, and ordinances. 4. All matters that would be disclosed by an accurate survey and physical inspection of the Property.