SW8010828_Updated Cont NOV & Rec for Enforcement_20200225

ROY COOPER _
Governor
MICHAEL S.REGAN
Secretary `QUAM
BRIAN WRENN NORTH CAROLINA
Acting Director Environmental Quality
February 19,2020 RECEIVED
CERTIFIED MAIL 7014 2120 0000 8057 7644
RETURN RECEIPT REQUESTED FEB 2 5 2020
North Inlet, LLC DENR.LAND QUALITY
Attn: Ralph E.Vereen, Manager STORMWATER PERMITTING
2428 Ridge Street(upper unit)
North Myrtle Beach, SC 29582
Subject: Request for Additional Information / Updated Notice of Continuing Violation and
Recommendation for Enforcement
NOV-2019-PC-0425
Stormwater Project No. SW8 010828
Devaun Park
Brunswick County
Dear Mr.Vereen:
Request for Additional Information
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit
Application for the subject project on July 3, 2019 with additional information requested on August 19,
2019 and partially received on December 23,2019. A preliminary in-depth review of that information
has determined that the application is not complete and that additional information is needed. To
continue the review,please provide the following additional information in a single,hard copy
submittal package:
1. Permit Condition II.3, II.4, and II.6 from the permit corrected and re-issued on January 30,2019:
a. This minor modification proposed to combine lots 234/235 and 379/280. However,
according to the Brunswick County GIS data viewer,the following lots also appear to
have been combined: 89/90, 85/86, 70/71, and 361/362. This information does not
appear to have been previously included in any modification. Please confirm the extent
of the changes to the lot layout from the approved plans and the resulting BUA
allocations.
b. According to the Brunswick County GIS data viewer,Lot 36 is a different size than
shown on the approved plans. Please confirm the final lot layout/sizes and provide any
necessary updates.
c. The revised BUA restrictions submitted on July 3, 2019 limit lot 37 to 1,750 square feet
of built-upon area. However,the previous modification allocated 3,500 square feet of
built-upon area to this lot. Please confirm the intended allocation.
d. According to aerial photos,Lot 530 appears to include a large parking area. Please
confirm that no lot has exceeded their BUA allocation. If pervious options such as#57
stone or infiltrating permeable have been or are wished to be used to remain under the
BUA allocation,the use of those surfaces must be included as part of this permit
modification and supporting documentation must be submitted.
2. 15A NCAC 02H.1042(2)(a)(iv), .1042(2)(g)(vi), and .1042(2)(a)(k): Please identify the number
of lots proposed as part of this residential subdivision in the BUA Lot Breakdown for Deed
Restrictions spreadsheet.
DE 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
40R�THCARQUNA ��
D*KVMd of&WfOMMM Waft 910.796.7215

State Stormwater Permit No. SW8 010828
Page 2 of 3
3. Permit Condition I.1 and II.8: The previous inspection report dated 5/14/2019 noted that
certifications have been provided for Drainage Areas 4, 6, 7, 8A, 9, and 10. These certifications
could not be found in the file. Please provide another copy of these certifications.
Please remember to confirm that any revised information is presented consistently throughout the
application documents including calculations, supplements, narrative,and plans. Please also remember to
provide two hard copies of any updated documents per 15A NCAC 02H.1042(2).
All of the requested information listed above should be received in this Office by March 20,2020, or the
application will be returned as incomplete. Please note that only two letters requesting additional
information is allowed in the State Stormwater Program. If the information is not satisfactorily provided
after either the second request the project will be returned. If the project is returned and you wish to re-
submit later,you will need to resubmit all required items at that time.
Notice of Continuing Violation and Recommendation for Enforcement
On December 10, 2019, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources(DEMLR)performed a follow-up compliance inspection of the subject project to determine the
status of compliance with Stormwater Permit Number SW8 010828 re-issued on January 8,2019 and
corrected on January 30,2019. The project is located off NC 179 and Ocean Harbour Drive, at 9286
River Terrace, Calabash, Brunswick County,North Carolina.
This letter is to notify you that you remain under a continuing violation of Title 15A North Carolina
Administrative Code(NCAC) 02H .1003 in accordance with North Carolina General Statute(G.S.) 143-
214.7 for failure to respond fully to either the Notice of Violation dated June 13, 2019 or the Notice of
Continuing Violation and Recommendation for Enforcement dated October 14, 2019 and for failing to
resolve the violations. The violations, as outlined in the prior notices of violation and updated below, are:
1. Failure to construct according to the approved plan/Failure to identify deviations from the
approved plans. Per Schedule of Compliance Condition II.15 of the permit,the permittee shall
construct, operate and maintain the approved stormwater control measures in accordance with the
permitted condition,the approved plans and specification, and other supporting documents. Per
the Design Standard Condition I.2 and the Schedule of Compliance Condition II.8 of the permit,
certifications for all of the SCMs must be provided and any deviations from the approved plans
and specifications must be noted. On December 23,2019 certifications for the stormwater
control measures within Drainage Areas 3, 5, and 8B were provided. However,the following
deviations and concerns were not addressed either in the certifications or as part of the proposed
modification to this permit.Any changes from the approved plans that were noted during the
recent and past site inspections that are either corrected in the field or through a permit
modification will require new or revised certifications once resolved.
a. Infiltration basin within Drainage Area 3: The certification submitted on December 23,
2019 notes that the provided dimensions of the system were constructed per the approved
plans and does not identify any deviations. However, aerial photos show the shape of
infiltration basin to be different from the approved plans. Please provide additional
supporting documentation demonstrating that this infiltration basin was constructed in
accordance with the approved plans.
b. Wet pond within Drainage Area 5: The certification submitted on December 23,2019
notes that all required depths have been provided,the outlet structure elevations are per
the approved plans, and does not identify any deviations. However,the recent site
inspection found that the outlet structure did not provide the approved 2.14-feet of
storage. Please refer to the enclosed photos. Please either demonstrate that the wet pond
and outlet structure were constructed in accordance with the approved plans or make the
necessary revisions to the outlet structure.

State Stormwater Permit No. SW8 010828
Page 3 of 3
c. Wet pond within Drainage Area 813: The spillway, berm and outlet structure have been
constructed. The certification submitted on 12/23/2019 notes that the provided depth and
dimensions of the system are per the approved plans and does not identify any deviations.
However, site inspections and aerial photos show the shape and depth of wet pond to be
different from the approved plans, specifically the forebay off-shoot between lots 501 and
531. Additionally, concerns still remain regarding the accumulation of sediment in the
forebay. Please provide additional supporting documentation demonstrating that this wet
pond was constructed and has been maintained in accordance with the approved plans. If
maintenance is required to restore the pond to its approved design condition,please
provide documentation supporting that the work has been completed.
d. Wet Pond within Drainage Area 9: Previous inspections noted that the forebay weir/sheet
pile was constructed in a different orientation than shown on the approved plans. The
forebay wall was approved to be located under the walkway to the gazebo and was to
continue across the pond before making a turn to end near the corner of Lot 400 and East
Lake Road. Any deviations from the approved plans either need to be corrected or
revised plans showing the location of the new forebay wall with supporting volume
calculations and demonstrating compliance with the stormwater rules must be provided.
2. Failure to receive approval for a modi zcation of the plans prior to construction. Per Schedule of
Compliance Condition II.6 of the permit,the permittee shall submit to the Director and shall have
received approval for revised plans, specifications, and calculations prior to construction,for any
modification to the approved plans. The forebay wall in DA 9 was relocated without approval
from the Division prior to construction.
This Office requires that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address. Your response should
include a written "Plan of Action"which outlines the actions you will take to correct the violation(s)
noted above and in the attached inspection report and the time frame for completion of those actions.
Thank you for your immediate attention to this matter. This Office is considering an enforcement action
including the assessment of civil penalties regarding these violations and any continuing violations that
may be encountered. Your above-mentioned response to this correspondence will be considered in this
process. Please be advised,these violations and any continuing or future violations are subject to a
civil penalty assessment of up to$25,000.00 per day for each violation pursuant to North Carolina
General Statute 143-215.6A.
This office requires that the violations,as detailed above,be abated and properly resolved. Please
reference the State assigned project number on all correspondence. Should you have any questions
regarding these matters, please contact Christine Hall at 910-796-7215 or at [e-mail].
Sincerely,
Y,-,Brian Wrenn,Acting Director
Division of Energy, Mineral and Land Resources
Enclosures: Compliance Inspection Report
Site Inspection Photos
DES/canh: \\\Stormwater\Permits&Projects\2001\010828 HD\2020 02 addinfo NOV NORE 010828
cc: North Inlet, LLC;Attn: Ralph Vereen;625 Sea Mt Hwy;N. Myrtle Beach, SC 29582
David Boyette,P.E., Stewart Engineering
Brunswick County Engineering
Alaina Mormon,DEMLR
Wilmington Regional Office Stormwater File

Compliance Inspection Report
Permit: SW8010828 Effective: 01/08/19 Expiration: 03/10/23
Project: Devaun Park
Owner: North Inlet LLC
County: Brunswick Adress: 9286 River Ter
Region: Wilmington
City/State/Zip: Calabash NC 28467
Contact Person: Ralph E Vereen Title: Phone: [phone]
Directions to Project:
South on Hwy. 17 from Wilmington,left on NC904,right onto Old Georgetown Rd.SW/NC179,turn left onto Beach Drive
SW/NC179 right onto Shady Forest Dr.SW and enter Devaun Park.
Type of Project: State Stormwater-HD-Infiltration State Stormwater-LD-Curb and Gutter
State Stormwater-HD-Detention Pond
Drain Areas: 10-(Calabash River) (03-07-59)(SA;HQW)
3-(Calabash River) (03-07-59)(SA;HQW)
5-(Calabash River) (03-07-59)(SA;HQW)
6-(Calabash River) (03-07-59)(SA;HQW)
7-(Calabash River) (03-07-59)(SA;HQW)
8-(Calabash River) (03-07-59)(SA;HQW)
9-(Calabash River) (03-07-59)(SA;HQW)
On-Site Representative(s):
Related Permits:
SW8160105 Thomas Dufner-Devaun Park Phase 7A-1 Lot 305
SW8160106 Timber Creek Builders Inc-Lot 55 Devaun Park Subdivision
Inspection Date: 12/14/2019 Entry Time: 12:45PM Exit Time: 01:40PM
Primary Inspector: Connor Musial Phone:
Secondary Inspector(s):
Christine A Hall
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page: 1

Permit: SW8010828 Owner-Project: North Inlet LLC
Inspection Date: 12/14/2019 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
To resolve these compliance issues:
-Please provide another copy of the certifications for Drainage Areas 4,6, 7, 8A, 9, and 10. Please note that any
changes from the approved plans that were noted during the recent and past site inspections that are either corrected in
the field or through a permit modification will require new or revised certifications confirming the changes.
-Please confirm the extent of the changes to the lot layout from the approved plans,the resulting BUA allocations, and
provide any necessary updates.
-Please confirm that no lot has exceeded their BUA allocation. If pervious options such as#57 stone or infiltrating
permeable have been or are wished to be used to remain under the BUA allocation, the use of those surfaces must be
included as part of this permit modification and supporting documentation must be submitted.
-Please provide additional supporting documentation demonstrating that Infiltration Basin 3 was constructed in
accordance with the approved plans.
-Please either demonstrate that Wet Pond 5 and its outlet structure were constructed in accordance with the approved
plans or make the necessary revisions to the outlet structure.
-Please provide additional supporting documentation demonstrating that Wet Pond 813 was constructed and has been
maintained in accordance with the approved plans. If maintenance is required to restore the pond to its approved design
condition, please provide documentation supporting that the work has been completed.
-For Pond 9, any deviations from the approved plans either need to be corrected or revised plans showing the location of
the new forebay wall with supporting volume calculations and demonstrating compliance with the stormwater rules must
be provided.
pages 2

Permit: SW8010828 Owner-Project: North Inlet LLC
Inspection Date: 12/14/2019 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? i ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑
Comment: On December 23, 2019 certifications for the stormwater control measures within Drainage Areas 3. 5
and 8B were provided. The previous inspection report dated 5/14/2019 noted that certifications have
been provided for Drainage Areas 4, 6, 7, 8A, 9, and 10: however, these certifications could not be found
in the file.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ 0 ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA(as permitted)graded such that the runoff drains to the system? ❑ ❑ ❑ E
Comment: -The recently submitted minor modification proposes to combine lots 234/235 and 379/280_ However,
according to the Brunswick County GIS data viewer,the following lots also appear to have been
combined: 89/90, 85/86, 70/71, and 361/362. This information does not appear to have been previously
included in any modification.
-According to the Brunswick County GIS data viewer. Lot 36 is a different size than shown on the
approved plans.
-According to aerial photos, Lot 530 appears to include a large parking area.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ 0 ❑ ❑
Are the inlets located per the approved plans? E ❑ ❑ ❑
Are the outlet structures located per the approved plans? N ❑ ❑ ❑
Comment: -For Infiltration basin 3, aerial photos show the shape of infiltration basin to be different from the
approved plans.
-For Wet Pond 5, the recent site inspection found that the outlet structure did not provide the approved
2.14-feet of storage.
-For Wet Pond 8B, the spillway, berm and outlet structure have been constructed. However, site
inspections and aerial photos show the shape and depth of wet pond to be different from the approved
Plans, specifically the forebay off-shoot between lots 501 and 531.
-For Wet Pond 9, the previous inspections noted that the forebay weir/sheet pile was constructed in a
different orientation than shown on the approved plans. The forebay wall was approved to be located
under the walkway to the gazebo and was to continue across the pond before making a turn to end near
the corner of Lot 400 and East Lake Road.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ! ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ® ❑ ❑
DWQ upon request?
Comment: Concerns still remain regarding the accumulation of sediment in the forebay of Wet Pond 8B.
page: 3

Permit: SW8010828 Owner-Project: North Inlet LLC
Inspection Date: 12/14/2019 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit?
Comment: Any changes from the approved plans requires the permittee to submit and receive approval for the
revised plans, specifications, and calculations prior to construction
page: 4

Devaun Park—SW8 010828
Pond 5—December 10, 2019
The outlet structure was found to not be providing the required 2.14 feet of storage as shown on the approved plans
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Pond 8B—December 10, 2019
The forebay off-shoot between 501 and 531 not providing the specified depth.
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Pond 9 - March 22, 2019
As noted in previous inspection reports, the forebay wall was approved to be located under the walkway to the gazebo
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