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HomeMy WebLinkAboutSW8020608_COMPLIANCE_20180213STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW �� DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: +k_ The Forest at Belvedere. LLC 4ttn: New Pointe`Bfvd., Suite 6 Deland, NC 28451s4127 ���� I II IIII l!I I� �I IIIII III I III I I IlII I I I 9590 9402 3412 7227 7975 08 A. Signature X ❑ Agent 77 ❑ Addressee B. Received by?Rdr?fp6 I C. Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, enter del FWE 6131ow: ❑ No FEB 2 0 2018 NCDEQ 3. ice Type ❑ Priority Mail Express® ult Signature ❑ Registered Mallfm A lIt signature Restricted Dellvery ❑Registered Mall Reswctet Grtified Mails fled Mail Restricted Delivery �Y ❑ Retum Receipt for Ei collect on Delivery Merchandise . srr -Z. Article. Number ❑ Coilect on DeliveryRestricted Delivery ❑ Signature Confirmation (Trarrsfer from service label 4 T I El Insured Mail ❑ Signature Confirmation 7008 015 0 0002 2652 2435 id j, Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 760-02-000-9053 `-_ - Domestic Return Receipt U$P51RA KW ::.' � ' First -Class Mail Postage & Fees Paid LISPS Permit No. G-14 9590 9402 3 7227 7975 08 United States Postal Service l -S _ &2-7 • Sender: Please pant your name, address, and ZIP+40 in this box• NC DEQIDEMLR Stormwater Section 127 Cardinal Drive Extension Wilmington, NC 28405 F�i�{l�i���l� SEF�•j• ,••iii klll�l�i�l'ii�til� SE'��� �i i�� 1111 #i�111ik1��#��1t���l��t��+��� ►�1I ������ ROY COOPER Governor fltr�p,� Energy, Alines! & Land Resources FrJVIRONMEWAL OUALITY ]±ebruary 13. 2018 MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. interim Director CERTIF1ED i'1'IAIL 4708 1I1 S0 11002 2652 2437 RETURN Rk CIi 119' REOMTI D The Forest at Belvedere, U,C Atln: Scott.11. Cook Manager 1 105 :New Pointe Boulevard, Suite 6 Leland. NC 294J1-4127 S11hjec.t: COti,mvurNc, \C),rIu.OF VIOLATION NOV-2008-PC-0800 titorrnwater Alanageinent Permit No. SW8 020608 The Forest at Bellvedere Phase 6 fender County Dear.\lr. Cook Effective August 1, 2013; the State Storrnwater program ,,vas transferred from the Division of Water Quality (DWQ) to the Division of Energy, Nlineral and Land Resources (DIINILR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until thev are modified. Please mote that this letter references DE\rILR as the Division responsible for issuance of the permit. On August. 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality wader Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stonriNvater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August. 2, 2010, the Governor signed Session Law 2010-177, 'which granted an extra year for a total of four (4) years extension. Accordingly; the effective period of this permit was extended to February 5, 2017, and leas since expired. This letter is to notify you that you are in continuing violation of Title 15A North Carolina Administrative Code (NICAC) 02H.I000 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failing to fully address the previous .:Notices of Violation dated November 19, 2008 and September 8, 2009, and for failing to apply for and secure a renewal of St.ormwat.er Nlanagernent Permit SW8 020608, which expired on February 5, 2017. On July 21, 2005, November 19, 2008 and August 24, 2009, inspection staff -of the Wilmington Regional Office performed all inspection of the subject project to determine the status of compliance with Stor-nnvater Management Permit S1V8 020608, which was issued to you oil February 5, 2003, for the construct.iorl, operation and maintenance of eight (8) infiltration basins to treat piped runoff front this high density single f1n3ily subdivision. The project is located at Azalea Drive in Belvedere Plantation, off US 17 just north of IJarnpstead in Pertder County. Response letters from Duke Nlenius, P.l ., Stroud 6�ngineering, IO2-D Cinema Drive, Witinington, dated December 17, 2008 and October 30, 2009, indicate that these deficiencies were to be addressed by a Permit modification, to be submitted by December 30, 2009. The Division accepted a permit " niodifIcation on December 1, 2009, and requested additional information on 1)eceinber 16, 2009. The modification was returned as incomplete on April 15, 2010 clue to a lack of response and the previous violations were reinstated. The below -listed new and continuing violations have not been addressed to date. $Iatr of hortlrCaroRna I Envircomenlal QUolity I Energy, K9incral and Land Resources VVilnsirrgton Regional 01ko 1 127 Cat&nal Dr'nr Exien%i,±n I Wilmington, NC 2,'A05 910 7q6 215 1. Failure to Renew Slate Stormw=ater Permit `1'iihc I5A _CAC 02.1-1 .1045 requires that applications for permit renewals to be submiticd 180 days prior to the eXpiratiort of the permit An application for a permit renewal was required to be submitted to DEM LR. by February 5, 2016. As of the date of this letter, the Division has not received an application to renew Storinwater Permit SW8 020608 and the subdivision does riot. currently hold a valid permit. 11. Failure to Apply For and Secure a Stormwater Mana+,ement Permit Title 15A NCAC 214 .1003, in accordance with G.S. 143-214. /; requires a State Siortnwater N-lanagement Permit. for development activities within the 20 coastal counties that require a Coastal Area Management Act (CANIA) Major Permit or an approved Erosion and Sedimentation Control Plan. Tile DEMLR file review confirms that a valid, active State Storrnwater -Management Permit was not obtained for The rcrest at Belvedere Phase. 6 prior to the expiration date of St.orrnw,iter Permit S\VS 020608. ]1.. Other Violations I . Schedule of Compliance Condition 11.9 a. The permlace did not notify the Division prior to dissolving the LLC; b. The permittee did not apply to the Division for approval to transfer ownership of the permit to a new developer or to the 1-10A. 2. Schedule of Compliance Condition 11.14 a. The perntit:tee slid not respond to the Divisions written request for information within the Stipulated time frame. The modified permit application was returned as incomplete, therefore, none of the proposed modifications to address the violations have been approved. Schedule of Compliance Condition 11.6 a. The facilit.ics have not been constructed as shown on the approved plan. Basin 4A has not been constructed. b. A portion of the rtanoff from the project bypasses [lie collection system and is not being collected and directed into the approved stormwater control system. c. An area of multi-famil,,, buildings has been converted to single family lots. 4. General Condition I11.9 a. The permitt.ee ciid not notifj' the Division within 30 days of changing his trailing address. You are required to respond to this letter in writing xvithin 30 calendar clays of receipt. of this Notice, as evidenced by the date the certified mail green card is signed. Your response should be sentto this Office at the letterhead address and must address the following items: Provide a written "]"lan of Action" which outlines the actions you will take to correct the violations noted above and on the previous inspection reports and which includes a time frame for completion of those actions. Submit a renewal application and a new signed O&M agreement along with the processing fee, currently set at 5505. Submit a permit modification to address the piping of swales, tying the bypassed ninof f into the collection system, and the conversion of the multi -family area to single family lots. Once the permit is renewed and modified, perform the necessary maintenance to the system and implement the approved inodification, including the construction of Basin 4A. Once everything has been completed; submit a permit transfer application to transfer the permit to the 1-IOA. The Renewal Application, the O&1.1 agreement, the standard Permit Application SWU-101, and the Permit Transfer Application can all be found on our wehsit.e at litt)sl_.//dctl.nc.�rov/aboutldivisions!encr+,.r- m i neral-(and-resou rceslener�tiv-m inera]-land-perm its/5tornt�� ater-perm itslforrtts state oi'�'oz'ilr Carc,lic�a I i_ir+'i�+,nmri�tal Qualit}i Errcryy. Atirtcral and t.anG Rcsrnirccs W111iingiun Rcyianal ofPicr { 1217 CardinatDime Exicrisinr; I Wllnimyion, NC M44 9Io 796 7_1115 t,age of 13 Ln m s ru ru Ln _n rL ru 0 ,O C3 O M r =1 Q ca fl EZI Thank you i'or your irtlnicdiate attention to tliis matter. Pease be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to S25,000.00 per day for - each violation pursuant. to North Carolina General Statute 1,13-21 5.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact. Linda Lewis in the �' Iilmington Regional Office at 910-796-7215. Sincerely. j c ' .�":`, William E. ( oby) Vinson, Jr PE, CF13SC; CF'�1 ]nierirrt llirector ]Division of Energy, IMineral and La.rtd Resources Enclosures: Compliance Inspection Reports GDS/art: G:I11Siorn1waterll1ermi1s S, Projects120021020608 14D12018 02 NOV 020608 cc: Luke Nlenius, P.E., Stroud Engineering Pender County Planning Departimm Annette Lucas, PE; DEMLR Georgette Scott, Wilmington Regional Office Storrnwater Supervisor Wilmington Regional Office Stormwater Pile The Forest/Phase 6 Owners Association (Elizabeth Justice, Registered Agent. PO Box 1067 Hampstead, NC 28443-I067) Postage $ Certified Fee Retum Racelpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees aPO'h;,;ft. Postmark Mere G 2010o S w por1fe 16Nd s� ----................................ NC 26451- 412 7 St.rrcnl'�'onlrCarrilina GtrirornttensnEQu�+lirj' ! Encryy.AtincrAl;;inc7LanclRcsotn'r.rs 'Nilmingtan I:cyiotti [ Officc ! 127 `ardInal Drive Exirrrsior. ! Wi!mingt;m. NC '_1$805 410796 7215 Compliance inspection Report Permit: SW8020608 Effective: 02/05/03 Expiration: 02/05/13 Owner: The Forest at Belvedere Project: The Forest at Belvedere Phase 6 County: Pender Azalea Dr Region: Wilmington Hampstead NC 28443 Contact Person: Scott Cook Title: Partner Phone: 910-256-OB37 Directions to Project: US 17 to Country Club Road (SR 1565) , East on Country Club to Azalea Drive, North on Azalea, to Roads End. Type of Project: State Stormwater - High Density State Stormwater - Infiltration System Drain Areas: 1 - (Intracoastai Waterway) (03-06-24 ) ( SA;HQW) 2 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW) 3 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW) 4A - (Intracoastal Waterway) (03-06-24 ) { SA;HQW) 43 - (Intracoastal Waterway) (03-06-24 ) { SA;HQW) 5 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW) 6 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 1111712008 Entry Time: 09:30 AM Exit Time: 11:30 AM Primary Inspector: Malcolm L Boney Phone: 910-796-7215 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Stormwater Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: Eg State Stormwater (See attachment summary) Page: 1 Permit: SVV8020608 Owner - Project: The Forest at Belvedere r N Inspection Date: 11/17/2008 Inspection Type: Storrnwater Reason for Visit: Routine Inspection Summary: 1. Provide a modification to address the subdivision of the town home section to single family lots. 2. Remove the pipes out of the swales.7he intention of these swales were for pretreatment to the infiltration basins. 3. Build the system for infiltration basins 4a $ 4b as per the approved plan. Page: 2 Permit: SW8020608 Inspection Date: 11/17/2008 Owner - Project: The Forest at Belvedere Inspection Type: 5tormwater File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Built Upon Area Is the site BUA constructed as per the permit and approval plans? 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? Comment: 1. A section of the project area that was approved for town hom es has been subdivided and single fam ily residences have been constructed. Reason for Visit: Routine Are the SW measures constructed as per the approved plans? Are the insets located per the approved plans? Are the outlet structures located per the approved plans? Comment: 1, The following 5:1 swales have been piped; swales 1, 2, 3, 6, 7, and 8 2. The inlet for Infiltration basin 4a could not be located. 3. It appeared that stormwater that should be directed to Infiltration Basin 4a & 4b is discharging into a ditch that parallels the collection system for Infiltration 4a & 4b. Yes No NA NE 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 ❑ ❑ ❑ Im upon request? Comment: Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? n n n Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? n ❑ ❑ Comment: Page: 3 W-M, OCT 10 2009 16 STROUD ENGINEERING P.A. 4'1 CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910) 815.0775 October 30, 2009 NCDENR Attn.: Georgette Scott .s�+4' 127 Cardinal Drive Ext. Q� Wilmington, NC 28405 00 9 0 14 Re: The Forest at Belvedere Phase 6 $Y: Stormwater Permit No. SW8 020608 Pcnder County Dear Ms. Scott, am writing on behalf of the permit holder, The forest n Belvedere- I_I-,C. in response to the Notice of Violation (NOV) dated September 8, 2009. 1 would like to address each of the def icinncics noted In the NOV. 1 hls Is understood to be the "Plan of -Action" required by the NOV. The permit holder's contractor went to the site in efforts ofinstalling piping as necessary to collect the development drainage and convey it to the infiltration basin 4a and 4b. This work was strongly objected to by the adjacent property owner. The contractor was warned not to conduct the work as it was within the maintenance limits of this adjoining property. In as much as the permit holder no longer owns any property within the development, he was reluctant to initiate the work. propose to write a letter to the property owner to include the NOV as substantiation to the necessity of the proposed work. The contractor will then attempt again to complete this work within the road right of way. I am including a copy of the plan modified to show piping of the noted swales. as well as the single family lots that were substituted for the multi -family buildings. The swales were not piped by the permit holder. 'Chese were piped by either the builder or home owner in violation of the covenants that the permit holder had recorded. Despite this, they do not constitute alteration of the primary BMP understood to be the infiltration basins. The single family lots were substituted for several Il1ulti-family buildings and constitute a reduction in overall imperviousness. "[,his is substantiated by the attached Declaration and referenced record map. The built upon area (BUA) permitted for the multi -family units is given to be 48,076 square feet. The six nc4v lots were annexed into the original covenants and thereby restricted to 3,500 square IM per lot. ']'his renders a reduction of- 27,076 square feet in overall development BUA. This is Understood to not constitute a modification ofany of the permitted BMP's. Given the premise that there has been no alteration of the primary BMP I suggest that only a minor permit modification is necessarv. 107 COMMERCE ST. SUITE B GREENVILLE, NC 27858 (252) 756-9352 102-D CINEMA DRIVE WILMINGTON, NC 28403 (910) 815-0775 HESTRON PLAZA TWO 151-A HWY, 24 MOREHEAD CITY, NC 28557 (252) 247-7479 When the contractor is able to complete the installation of the aforementioned piping to convey development runoff' to the infiltration basins 4a and 4b .I will provide the Engineer's Certification for the system as built. We anticipate that these efforts can be complete within two months ofthis writing. I hope that this addresses your concerns. Please feel free to contact me with any questions or issues that you may have. -iank vou_ T.Iamcl-l.entress, Jr.,P . PL,S I 1-1 R.) f File I-amasterlpw-I651wpolforestplanofhction.doc Postal (DomesticCERTIFIED MAILT. RECEIPT .Provided) 0 For delivery Information visit our p t ru O F F I A �! Postage $ �' v r Certified Feenj O Retum Receipt Fee {Endorsement Required) 2, He dv Restricted Delivery Fee�� (Erdorsement Required) (/ SA5 Total Postage & Fees $ (n a � s t ro I p StrBet, Apt. No.; r.+ " �' or noeorNo_ --- c, State, IP+4 W i kmtno1TOn n G �R4O ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name.and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpied'e, or on the front if space permits. Article Addressed to: SKo-rT CODK_ `fihe pia rc5 + @ beLu eclec� 6C - C nerna- LO1Lm1ri�-rant �L A. Sign ture X ❑ Agent ❑ Addressee S. Receivgd by ( Printed Namej C. Date of Delivery 0!nd) GrJhi -Q. i0./&,a1 D. Is delivery address different from item 17 El Yes If YES, enter delivery address below: ❑ No 3. Service Type 3>(C�ified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number - 7008 17,'�i[� 0002' 9562 O4],l+'' (Transfer from service label} PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED��'� • Sender; Please print your name, address, and ZIP+4 in this box NC PENP - Division or Water Quality Su6ce Water Protection Section 127 Car4inal Drive Extension Wilminyton, NC 28405 v ( BRO I III ,,, sill „i,l„I„III,,,,! ,,, � E)Aue L.,-., ga-ZO& O �? e r e— NCD ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 14, 2009 NOV-2008-PC-0800 CERTIFIED MAIL # 7008 1140 0002 9562 0414 RETURN RECEIPT REQUESTED Mr. Scott Cook, Partner The Forest @ Belvedere 106-A Cinema Dr. Wilmington, NC 28403 Subject: NOTICE OF VIOLATION WITH RECOMMENDATION FOR ENFORCMENT The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cook: Dee Freeman Secretary On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of the subject project, located at Azeala Dr, in Hampstead, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003. The project has been found to be in continual violation of Stormwater Permit Number SW8 020608, issued pursuant to the requirements of 15A NCAC 2H.1000.' The violations found are: 1. Failure to direct allrunoffto the stormwater system. The inspection revealed that stormwater runoff collected in roadside swales, which should be directed to the permitted system, is bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b. Permit condition states that runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2. Failure to build according to the approved plan. The inspection revealed that the following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and swale 8. it also appeared that the inlet for Infiltration Basin 4a was never installed along with roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of the project area allotted for town homes has been subdivided into single-family lots. Permit condition requires that 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. ti ,;To correct these violations you must 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, on or before September 25, 2009. Wilmington Regional office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350.20041 Customer Service: 1-877-623.6748 Internet: www.ncwaterquality.org NorthCaroiina Naturally An Equal Opportunity 1 Affirmative Action Employer September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 N 2. Collect all stormwater that is bypassing into the ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b and direct the stormwater to the approved Infiltration Basins. 3. Request a modification for all the 5 to 1 swales that have been piped prior to approval. 4. Request a modification that addresses the subdivision of the project area that was approved for the town homes. This modification should include an updated site plan, updated lot number, amount of built -upon area designated to the additional single family lots, and any changes that may be required, because of the modification, to the Deed Restrictions. 5. Submit an Engineer's Certification once the as -built site condition has been approved by this office. Failure to provide the written "Plan of Action" by October 30, 2009, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David W. Cox at (910) 796-7215. Sin rely, Georgette Scott Stormwater Supervisor Surface Water Protection Section GDSldwc: S:1WQSISTORMWATINOTICE1020608.oct09 cc: James Fentress, P.E. Shelton Sullivan Pender County Building Inspections David W. Cox Central Office WiRO Page 2 of 4 t. NCDENR ` North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 14, 2009 NOV-2008-PC-0800 CERTIFIED MAIL # 7008 1140 0002 9562 0414 RETURN RECEIPT REQUESTED Mr. Scott Cook, Partner The Forest @ Belvedere 106-A Cinema Dr. Wilmington, NC 28403 Subject: NOTICE OF VIOLATION WITH RECOMMENDATION FOR ENFORCMENT The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cook: On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of the subject project, located at Azeala Dr. in Hampstead, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003. The project has been found to be in continual violation of Stormwater Permit Number SW8 020608, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to direct a!1_ runoff to the stormwater system. The inspection revealed that stormwater runoff collected in roadside swales, which should be directed to the permitted system, is bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b. Permit condition states that runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2. Failure to build according to the approved plan.The inspection revealed that the following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a was never installed along with roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of the project area allotted for town homes has been subdivided into single-family lots. Permit condition requires that 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. To correct these violations you must : 1. 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, on or before September 25, 2009. Wilmington Regional Off+ce' 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796.72151 FAX; 910.350-20041 Customer Service: 1-877.623-6748 Internet: www,ncwaterquality.org Nne orthCarohna )Vaturally An Equal opportunity 1 Affirmative Action Employer September 8, 2009 r` The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 2. Collect all stormwater that is bypassing into the ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b and direct the stormwater to the approved Infiltration Basins. 3. Request a modification for all the 5 to 1 swales that have been piped prior to approval. 4. Request a modification that addresses the subdivision of the project area that was approved for the town homes. This modification should include an updated site plan, updated lot number, amount of built -upon area designated to the additional single family lots, and any changes that may be required, because of the modification, to the Deed Restrictions. 5. Submit an Engineer's Certification once the as -built site condition has been approved by this office_ Failure to provide the written "Plan of Action" by October 30, 2009, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to -NCGS 143- 215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David W. Cox at (910) 796-7215. Sin rely, 711 O..Sc f Georgette Scott Stormwater Supervisor Surface Water Protection Section GDSldwc: S:1WQSISTORMWATINOTICE1020608.oct09 cc: ,fames Fentress, P.E. Shelton Sullivan . Pender County Building Inspections David W. Cox Central Office W iRO Page 2 of 4 September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 The Forest @ Belvedere Phase 6 Page 1 of 2 Pender County Stormwater Proiect No. SW8 020608 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically 1 weekly 1 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. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Certification Requirements - f 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. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. CC' NCDENR-DWQ Pender County Building Inspections Page 4 of 4 �� Am= NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director September 8, 2009 NOV-2008-PC-0800 CERTIFIED MAIL # 7008 1140 0002 9562 0377 RETURN RECEIPT REQUESTED Mr. Scott Cook, Partner The Forest @ Belvedere 60 Pelican Dr. Wrightsville Beach, NC 28480 Subject: NOTICE OF VIOLATION WITH RECOMMENDATION FOR ENFORCMENT The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cook: Dee Freeman Secretary On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of the subject project, located at Azalea Dr. in Hampstead, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003, The project has been found to be in continual violation of Stormwater Permit Number SW8 020608, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to direct all runoff to the „stormwater system. The inspection revealed that stormwater runoff collected in roadside swales, which should be directed to the permitted system, is' bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b. Permit condition states that runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2. Failure to build_ according to the approved plan. The inspection revealed that the following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a was never installed along with roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of the project area allotted for town homes has been subdivided into single-family lots. Permit condition requires that 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. To correct these violations you must 1. 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, on or before September 25, 2009. Wilmington Regional office 127 Cardinal Drive Exlension, Wilmington, North Carolina 28405 One 1 1 Phone: 910-796-72151FAX: 910-350-20041Customer Service! 1-877-623-6748 1Vort lCaro1ina Internet: www.ncwaterquality.org Aatura //I , An Equal Opportunity 1 Affirmative Action Employer L "✓U September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 2. Collect all stormwater that is bypassing into the ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b and direct the stormwater to the approved Infiltration Basins. 3. Request a modification for all the 5 to 1 swales that have been piped prior to approval. 4. Request a modification that addresses the subdivision of the project area that was approved for the town homes. This modification should include an updated site plan, updated lot number, amount of built -upon area designated to the additional single family lots, and any changes that may be required, because of the modification, to the Deed Restrictions. 5. Submit an Engineer's Certification once the as -built site condition has been approved by this office. Failure to provide the written "Plan of Action" by September 25, 2009, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David W. Cox at (910) 796-7215. Sincerely, Rick Shiver Regional Supervisor Surface Water Protection Section ENBldwc: S:IWQSISTORMWATINOTICE1020608.nov08 cc: James Fentress, P.E. Shelton Sullivan Pender County Building Inspections David W. Cox Central Office WiRO Page 2 of 4 � I n��lil�ralll%! 11 NC DENR - Division of Water Quality Sudace Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 0 , 7 � PrrHr�v �cmn;s az tm $ 105.540 7008 1140 0002 956MAILED 0377 N j 5560 5i=P 09 2009 � I •ILED FROM ZIPCODE 28405 f� a- /( Mr. Scott Cook q The Forest at Belvedere 60 Pelican Drive Wrightsville Beach, l� RCTURN TO 'S-,CN0MR DF•L1V1:=RAnLtq Aa CAt]0> V:S :r-0 UhlAOLC TO PORwpRD SC: 24-3405090107 *1892--01OS4-09-42 �• ',i�ni Q.5 C1 iJ71J1f771l1�11�!l1711�7 71I��JJi3�11�111111 I)) Jill I ' t I. k I � I I I 1 1 1 � 1 I � I I I 1 1 1 Treated v - I ricus the grown I Agent to guard against ii[dew, fungus and odors .., .;rlverca Beverly Eaves Perdue Governor -"fir IAA � NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director September 8, 2009 NOV-2008-PC-0800 CERTIFIED MAIL # 7008 1140 0002 9562 0377 RETURN RECEIPT REQUESTED Mr. Scott Cook, Partner The Forest @ Belvedere 60 Pelican Dr. Wrightsville Beach, NC 28480 Subject: NOTICE OF VIOLATION WITH RECOMMENDATION FOR ENFORCMENT The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cook: Dee Freeman Secretary On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of the subject project, located at Azalea Dr. in Hampstead, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003. The project has been found to be in continual violation of Stormwater Permit Number SW8 020608, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to direct all runoff to the stormwater system. The inspection revealed that stormwater runoff collected in roadside swales, which should be directed to the permitted system, is' bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b. Permit condition states that runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2. Failure to build according to the approved plan. The inspection revealed that the following 5:1 swales have been piped; Swale 1, swale 2 at 120 Azalea Dr., Swale 3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a was never installed along with roadside swales to bring the stormwater to this inlet, This inspection also revealed that part of the project area allotted for town homes has been subdivided into single-family lots. Permit condition requires that 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. To correct these violations you must : 1. 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, on or before September 25, 2009. Wilmington Regional office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-2004 4 Customer Service: 1-877-623-6748 N orth Carol t n a Internet: www.ncwaterquality.org 'Vat K �Na//y An Equal Opportunity 1 Affirmative Action Employer l " UNITED STATES POSTAL SERVICE First -Class Mail Postage R Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR - Division of Witter Quality Surface Witter Protection Section 127 Cardinal Drive Extension Wilmington, NC 28,105 -.5 ff p�aGO 8 �pi�.5 ��-� ��L✓�d� is ■ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. M Attach this card to the back of the mailpiece, or on the front if space permits. 1. Nticle Addressed to: SGoTT CDO �. e �o r�s TGLcIPdPrC �O /7 G� O 4JO A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. Service Type CKc-nmed Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restrlcted Dellvety? (Fxtra Fee) ❑ Yes 2. Article Number 7008 1l [,0 0002 9562 0377 i mnsfer from service label), f SJ T LJ L] LJ QC Cnrm riAi 1 Fofininn gnna r]nmpMir P=film Qo inf in�sorna�a_�Fen� September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 2. Collect all stormwater that is bypassing into the ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b and direct the stormwater to the approved Infiltration Basins. 3. Request a modification for all the 5 to 1 swales that have been piped prior to approval. 4. Request a modification that addresses the subdivision of the project area that was approved for the town homes. This modification should include an updated site plan, updated lot number, amount of built -upon area designated to the additional single family lots, and any changes that may be required, because of the modification, to the Deed Restrictions. 5. Submit an Engineer's Certification once the as -built site condition has been approved by this office. Failure to provide the written "Plan of Action" by September 25, 2009, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David W. Cox at (910) 796-7215. Sincerely, C� 14-- ✓�� /t�h Rick Shiver Regional Supervisor Surface Water Protection Section ENBldwc: S:1WQSISTORMWATINOTICE1020608.nov08 cc: James Fentress, P.E. Shelton Sullivan Pender County Building Inspections David W. Cox Central Office WiRO Page 2 of 4 RIM -.a F, F > Ln U, Postage $ 1 e O ru ,Certified Fee - C,4 ,a[/ Return Receipt Fee 4. os Q (Endorsement Required) Restricts=;)ellvery Fee r (Endorsement Required) Total Postage & Fees j to a r ,QT ----_ i d Street, No.; -------------------------- OrPQ go}t No. �L CI e1 Z1P�4'---•-- - --- �� fr�r`5 y� •/% �E/d September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 The Forest @ Belvedere Phase 6 Page 1 of 2 Pender County Stormwater Project No. SW8 020608 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically I weekly 1 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. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 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. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Pender County Building Inspections Page 4 of 4 IIL - Beverly Eaves Perdue Governor '9j'A AQ= NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director September 8, 2009 NOV-2008-PC'0800 CERTIFIED MAIL # 7008 1140 0002 9562 0377 RETURN RECEIPT REQUESTED Mr. Scott Cook, Partner The Forest @ Belvedere 60 Pelican Dr. Wrightsville Beach, NC 28480 Subject: NOTICE OF VIOLATION WITH RECOMMENDATION FOR ENFORCMENT The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cook: Dee Freeman Secretary On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of the subject project, located at Azalea Dr. in Hampstead, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003. The project has been found to be in continual violation of Stormwater Permit Number SW8 020608, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to direct all runoff to the Stormwater system. The inspection revealed that stormwater runoff collected in road side'swaIes, which should be directed to the permitted system, is bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b. Permit condition states that runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2. Failure to build according to the approoed plan. The inspection revealed that the following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a was never installed along with roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of the project area allotted for town homes has been subdivided into single-family lots. Permit condition requires that 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. To correct these violations you must : 1. 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, on or before September 25, 2009, Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877.623-6748 N OTCh C arol i n a Internet: www,ncwaterquality,org Aawally An Equal Opportunity 1 Affirmative Action Employer September 8, 2009 The Forest @a Belvedere Phase 6 Stormwater Permit No. SW8 020608 2. Collect all stormwater that is bypassing into the ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b and direct the stormwater to the approved Infiltration Basins. 3. Request a modification for all the 5 to 1 swales that have been piped prior to approval. 4. Request a modification that addresses the subdivision of the project area that was approved for the town homes. This modification should include an updated site plan, updated lot number, amount of built -upon area designated to the additional single family lots, and any changes that may be required, because of the modification, to the Deed Restrictions. 5. Submit an Engineer's Certification once the as -built site condition has been approved by this office. Failure to provide the written "Plan of Action" by September 25, 2009, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David W. Cox at (910) 796-7215. Sincerely, Rick Shiver Regional Supervisor Surface Water Protection Section ENBldwc: S:1WQSISTORMWATINOTICE1020608.nov08 cc: James Fentress, P.E. Shelton Sullivan Pender County Building Inspections David W. Cox Central Office WiRO Page 2 of 4 _September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 The Forest @ Belvedere Phase 6 Page 1 of 2 Pender County Stormwater Project No, SW8 020608 Designer's Certification i, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically 1 weekly 1 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. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 3 of 4 September 8, 2009 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Certification Requirements: M Page 2of2 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. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the' approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Pender County Building Inspections Page 4 of 4 ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. N Attach this card to the back of the mailp€ece, or on the frant if space permits. 1. Article Addressed to: sa d 7- 7- � 1 r A ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery 5 -I 'r-1 C 7lr —tv ---Z 7 D. Is delivery addii different from fieK14o0 Yes It YES, ente�dtory o Vress below: 0 No j 1 / Ub BY: 3. Type ed Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Deliver}? {Extra Fee) ❑ Yes 2. Article Number (rransfer firm service fees!) 7008 1140 0002 9561 9746 Ps Form 3811. Febr iary 2004 rTDomestic Return Receipt 1U.,Z5-02-M-154t UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, NC DENR - Division of Water Quality Surface Water Protection Section 127 Cardinal Drive Extension -Wilmington, NC 28405 4_11 tz r1i:1 1I11lIll III Jii1'11111 Ill IIll fllIll Ill IHIILAH!!III !ill I! ll Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environarent and Natural Resources Coleen H. Sullins Director Division of W;Ltcr Quality November 19, 2008 NOV-2008-PC-0800 CERTIFIED MAIL #7008 1140 0002 9561 9746 RETURN RECEIPT REQUESTED Mr. Scott Cook, Partner The Forest @ Belvedere 60 Pelican Dr. Wrightsville Beach, NC 28480 Subject: NOTICE OF VIOLATION The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cooke: On November 19, 2008, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Azeala Dr. in Hampstead, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003. The project has been found in violation of Stormwater Permit Number SW8 020608 , issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: Failure to direct all runoff to the stormwater system. The inspection revealed that stormwater runoff collected in roadside swales, which should be directed, to the permitted system is bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b. Permit condition states that runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2. Failure to build according to the approved plan. The inspection revealed that the following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a was never installed along with roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of the project area allotted for town homes has been subdivided into single-family lots. Permit condition requires that 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. To correct these violations you must ` 1. 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, on or before December 19, 2008. O NocthCarolina IA orally North C:uolina Division of Water Quality 127 Cardinal Drive Extension , Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwater(ivalit)!.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Past Consumer Paper November 19, 2008 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 2. Collect all stormwater that is bypassing into the ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b and direct the stormwater to the approved Infiltration Basins. 3. Remove all pipes located in the 5:1 swales that are used for pretreatment to reduce the amount of sediment directed to the Infiltration Basins. 4. Submit a modification that addresses the subdivision of the project area that was approved for the town homes. This modification should include an updated site plan, updated lot number, amount of built -upon area designated to the additional single family lots, and any changes that may be required, because of the modification, to the Deed Restrictions. Failure to provide the written "Plan of Action" by December 19, 2008, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David W. Cox at (910) 796-7215. Si erely, att,c 113xlell� ard Beck Regional Supervisor Surface Water Protection Section ENB1dwc: S:1WQSISTORMWATINOTICE1020608.nov08 cc: James Fentress, P.E. Shelton Sullivan Pender County Building Inspections JDavid-W7C0x7 Central Office WiRO Page 2 of 4 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality November 19, 2008 NOV-2008-PC-0800 CERTIFIED MAIL #7008 1140 0002 9561 9746 RETURN RECEIPT REQUESTED Mr. Scott Cook, Partner The Forest @ Belvedere 60 Pelican Dr. Wrightsville Beach, NC 28480 Subject: NOTICE OF VIOLATION The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 Pender County Dear Mr. Cooke. - On November 19, 2008, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Azeala Dr. in Hampstead, Pender County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued to you on February 5, 2003. The project has been found in violation of Stormwater Permit Number SW8 020608 , issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: Failure to direct all runoff to the stormwater system. The inspection revealed that stormwater runoff collected in roadside swales, which should be directed, to the permitted system is bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b. Permit condition states that runoff from all built -upon area within the permitted drainage area of this project must be directed into the appropriate permitted stormwater control system. 2. Failure to build according to the approved plan. The inspection revealed that the following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a was never installed along with roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of the project area allotted for town homes has been subdivided into single-family lots. Permit condition requires that 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. To correct these violations you must : 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, on or before December 19, 2008. None hCarolina North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.nowaterqualty.org Fax (910) 350-2004 1-977-623-6748 An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper November 19, 2008 The Forest @ Belvedere Phase 6 Stormwater Permit No. SW8 020608 2. Collect all stormwater that is bypassing into the ditch that runs parallel with the collection system for Infiltration Basin 4a and 4b and direct the stormwater to the approved Infiltration Basins. 3. Remove all pipes located in the 5:1 swales that are used for pretreatment to reduce the amount of sediment directed to the Infiltration Basins. 4. Submit a modification that addresses the subdivision of the project area that was approved for the town homes. This modification should include an updated site plan, updated lot number, amount of built -upon area designated to the additional single family lots, and any changes that may be required, because of the modification, to the Deed Restrictions. Failure to provide the written "Plan of Action" by December 19, 2008, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143- 215.6A. By copy of this letter to the Pender County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call David W. Cox at (910) 796-7215. Si erely, ard Beck Regional Supervisor Surface Water Protection Section ENBldwc: S:1WQSISTORMWATINOTICE1020608.nov08 cc: James Fentress, P.E. Shelton Sullivan Pender County Building Inspections David W. Cox Central. Office CW.iR0-7 Page 2 of 4 INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060; PROJECT NUMBER: 020608-1 DATE: 18-Nov-02 PROJECT NAME: The Forest at Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS; SA Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA:<128E1' SF IMPERVIOUS AREA CALCULATION Rational C BUILDINGS 21000 1 PARKING/ASPHALT 16026 1 CONCRETE OTHER TOTAL 37.026 C :`. 0 4$'» Place a 1" here if Rational % IMPERVIOUS, 1= .......,:',.32 $% RV= .05+.009 (1) ELEVATION OF SEASONAL HIGH WATER TABLE 33 7 FEET MSL REPORTED INFILTRATION RATE 2 INCHES/HOUR or 0.000046 FPS SURFACE AREAS AND ELEVATIONS Elev. (ft) Area, sq ft Inc. Volume Acc. Volume BOTTOM 35.7 272 36 2007 341.85 341.85 37 2692 2349.5 2691.35 TOP 38 3432 3062 5753.35 VOLUME 1 DEPTH 1 DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME : ;: , 487.1!; CUBIC FEET TOTAL VOLUME AVAILABLE :;.;::5753:35' CUBIC FEET STORAGE MET AT ELEVATION _ ;<37 71,?; FEEL" ELEVATION ON PLANS TIME TO DRAWDOWN 1x6 HOURS MUST BE <120 25 YEAR 24 HOUR STORM N/A Intensity, i = .33 inches 1 hour Or=C.iA= CFS Op through the bottom of the basin= CFS Must be > Or 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 6.3 inches / hour Volume for 10 yr. 10 min. event = 4528.43 CF < 5753.35 CF COMMENTS Volume and drawdown are within Design Requirements. INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060; PROJECT NUMBER: 020608-2 DATE: 05-Feb-03 PROJECT NAME: The Forest at Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS: SA Index No.: 18-87-(5,5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA: :141 (34SF IMPERVIOUS AREA CALCULATION Rational C BUILDINGS 38500 1 PARKINGIASPHALT 9112 1 CONCRETE OTHER TOTAL Place a 1" here if Rational 14. % IMPERVIOUS, I= a.:33 7 o RV= .05+.009 (i) ELEVATION OF SEASONAL HIGH WATER TABLE :............:34` FEET MSL REPORTED INFILTRATION RATE 2 INCHES/HOUR or 0,000046 FPS SURFACE AREAS AND ELEVATIONS Elev. (ft) Area, sq ft Inc. Volume Acc. Volume BOTTOM 36 481 36.3 2642 468.45 468.45 37 3517 2155.65 2624A TOP 38 4725 4121 6745.1 VOLUME 1 DEPTH / DRAWDOWN CALCULATION DESIGN STORM, INCHES ........................ . DESIGN VOLUME ::;:;;6238€ CUBIC FEET STORAGE MET AT ELEVATION :::88:': FEET ELEVATION ON PLANS ::><37.;:88€ FEET VOLUME PROVIDED @plan elev. 625100 CUBIC FEET TIME TO DRAWDOWN :15< HOURS MUST BE <120 25 YEAR 24 HOUR STORM NIA Intensity, i = .33 inches 1 hour Qr- C i A = 0.50 CFS Op through the bottom of the basin= CFS Must be > Or 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 7 inches I hour Volume for 10 yr. 10 min. event = 6394.14 CF < 6238 CIF COMMENTS Volume and drawdown are within Design Requirements. INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060I PROJECT NUMBER: 020608-3 DATE: 18-Nov-02 PROJECT NAME: The Forest at Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS: SA Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA: 1398. SF IMPERVIOUS AREA CALCULATION Rational C BUILDINGS 52500 1 PARKING/ASPHALT 9368 1 CONCRETE OTHER TOTAL 61868 C :...£155': Place a "1" here if Rational IMPERVIOUS, 1= 44 2q' RV= .05+.009 (I) ELEVATION OF SEASONAL HIGH WATER TABLE 34 7: FEET MSL REPORTED INFILTRATION RATE 2 INCHES/HOUR or 0.000046 FPS SURFACE AREAS AND ELEVATIONS Elev. (ft) Area, sq ft Inc. Volume Acc. Volume BOTTOM 36.7 474 0 37 6190 999.6 999.6 TOP 38 7888 7039 8038.6 VOLUME 1 DEPTH I DRAWDOWN CALCULATION DESIGN STORM, INCHES 1:5; DESIGN VOLUME >7.34' CUBIC FEET TOTAL VOLUME AVAILABLE 8a3$6. CUBIC FEET STORAGE MET AT ELEVATION ::37T. FEET ELEVATION ON PLANS 37.97 TIME TO DRAWDOWN ::???:: 8: HOURS MUST BE <120 25 YEAR 24 HOUR STORM NIA Intensity, i = .33 inches 1 hour Qr=CiA= CFS Qp through the bottom of the basin= CFS Must be > Qr 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 6.3 inches / hour' Volume for 10 yr. 10 min. event = 6721.74 CF < 8038.6 CF COMMENTS Volume and drawdown are within Design Requirements. INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060; PROJECT NUMBER: 020608-4A DATE: 18-Nov-02 PROJECT NAME: The Forest at Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS: SA Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA: 1G528: SF IMPERVIOUS AREA CALCULATION Rational C BUILDINGS 56000 1 PARKING/ASPHALT 10700 1 CONCRETE OTHER TOTAL % IMPERVIOUS, I= ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS 27.5 83 28 1183 29 1637 30 2157 31 2742 TOP 32 3392 VOLUME I DEPTH / DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME TOTAL VOLUME AVAILABLE STORAGE MET AT ELEVATION ELEVATION ON PLANS TIME TO DRAWDOWN 25 YEAR 24 HOUR STORM NIA Intensity, i = .33 inches 1 hour Qr=CiA= Op through the bottom of the basin= 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 6.3 inches 1 hour Volume for 10 yr. 10 min. event = Place a 1" here if Rational RV= .05+.009 ( I) = 55']FEET MSL 2 INCHES/HOUR or 0.000046 FPS 316.5 316.5 1410 1726.5 1897 3623.5 2449.5 6073 3067 9140 CUBIC FEET CUBIC FEET FEET HOURS MUST BE <120 CFS CFS Must be > Qr 7503.21 CIF < . 9140 CIF COMMENTS Volume and drawdown are within Design Requirements. INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASIN10206( PROJECT NUMBER: 020608-413 DATE: 05-Feb-03 PROJECT NAME: The Forest at Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS: SA Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA: `2�0376' SF IMPERVIOUS AREA CALCULATION BUILDINGS PARKING/ASPHALT CONCRETE OTHER TOTAL % IMPERVIOUS, 1= 51 9°Jo� ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS 27.5 122 28 2105 29 2762 30 3493 31 4298 TOP 32 5178 VOLUME I DEPTH I DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME TOTAL VOLUME AVAILABLE STORAGE MET AT ELEVATION ELEVATION ON PLANS VOLUME PROVIDED @plan elev. TIME TO DRAWDOWN 25 YEAR 24 HOUR STORM NIA Intensity, i = .33 inches I hour Qr=CiA= Qp through the bottom of the basin= 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 6.3 inches I hour Volume for 10 yr. 10 min. event = Rational C 84000 1 19900 1 103d0' C Place a "1" here if Rational RV= .05+.009 (1) = FEET MSL [.>; .'? .<... >; .2 1NCHESIHOUR or 0.000046 FPS 556.75 556.75 2433.5 2990.25 3127.5 6117.75 3895.5 10013.25 4738 14751.25 CUBIC FEET CUBIC FEET FEET FEET CUBIC FEET HOURS MUST BE <120 CFS CFS 10690.49 CF < COMMENTS Volume and drawdown are within Design Requirements. Must be > Or 14751.25 CF INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASIN10206t PROJECT NUMBER: 020608-4C DATE: 05-Feb-03 PROJECT NAME: The Forest @Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS: SA Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA: I IMPERVIOUS AREA CALCULATION BUILDINGS PARKINGIASPHALT CONCRETE OTHER TOTAL % IMPERVIOUS, I= ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS 27.5 264 28 1401 29 2114 30 2883 TOP 31 3709 VOLUME 1 DEPTH ! DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME TOTAL VOLUME AVAILABLE STORAGE MET AT ELEVATION ELEVATION ON PLANS VOLUME PROVIDED @plan elev. TIME TO DRAWDOWN 25 YEAR 24 HOUR STORM NIA Intensity, i = .33 inches I hour Or=CiA= Op through the bottom of the basin= 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 6.3 inches / hour Volume for 10 yr. 10 min. event Rational C 45500 1 9200 1 0 416.25 416.25 1757.5 2173,75 2498.5 4672,25 3296 7968.25 SF CUBIC FEET CUBIC FEET FEET FEET CUBIC FEET HOURS MUST BE <120 CFS CFS 6556.76 CIF < COMMENTS Volume and drawdown are within Design Requirements. Must be > Or 7968,25 CIF INFILTRATION BASIN ANALYSIS FILENAME: G:\DATA\VVPDATAVWQ3\|NBAQ|N02060 PROJECT NUMBER: 020608-5 DATE: 18-Nov-02 PROJECT NAME: The Forest @Be|vedemPhase 8 DRAINAGE BASIN: Cape Fear REVIEWER: LLawiu RECEIVING STREAM: UT|CWVV CLASS: SA Index No.: 18'87'(5.5) |fORVV. is site within the 575'AEC?. SITE AREA 29.36 ocnya DRAINAGE AREA: SF IMPERVIOUS AREA CALCULATION ' Rational O BUILDINGS 66270 1 PARKING 13300 1 STREET 9800 OTHER % IMPERVIOUS, h= ELEVATION OFSEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS 30 430 31 7735 TOP 32 8810 VOLUME / DEPTH /DRAVVDOWNCALCULATION DESIGN STORM, INCHES DESIGN VOLUME TOTAL VOLUME AVAILABLE STORAGE MET ATELEVATION ELEVATION ONPLANS TIME TOORAWDOWN 25 YEAR 24HOUR STORM N/A Intensity, i=.33inches /hour Qn=CiA= Opthrough the bottom ofthe bann= 10YEAR 10MIN HIGH INTENSITY EVENT |ntnnohy. i=G.3inches /hour Volume for 10yr. 10 min. event = COMMENTS Place a^1~here ifRational FEET MSL |NCHES�OUR or 0.000003 FPS 4082,5 4082.5 8272.5 12355 CUBIC FEET CUBIC FEET FEET ' HOURS MUST BE <120 CFS CFS Must be>Or r 1 f Project Name: / e]VedOe— �% QS %�l.to Location:. cm Cub 1�0' S/cx->p P�' ec/. DIVISION OF WATER QUALITY INFILTRATION SYSTEM INVESTIGATION 1. The minimum bore depth: ¢� Existing ground elevation: 3/ 6 39 38 32 Proposed Bottom elevation: 35.Z 3 '3(0 2^ Add 2' +2 f Depth: 4,3 +2 Jam' +2 1 4 +2 r 2. The type of soil: 3 4. E The expected infiltration rate: The depth to the Seasonal High Water Table: ++- Additional comments: .#'3 — � ' S bo+�M b2oe-r-1,0 - -q 2 P"YC . 6Gl6 (►-2 Signature of Regional Office Personnel: Linda Lewis, DWQ Permit Application No :5UJ F 0 z C)&0? S :1 W QS IS TORM WATIFORM SUNFINV S T. FOR u 0 Vincent Lewis, Soil Scientist Date Project Name: &11/e i/o, _ � 7 r�� Location: DIVISION OF WATER QUALITY INFILTRATION SYSTEM INVESTIGATION l . The minimum bore depth:, 0 Existing ground elevation: 3J4- 3Z- .30 Proposed Bottom elevation: � 34 zq.5 Add 2' .+2 r Depth. +2 4 +2 +2 2. �J 2. The type of soil: _ �� O V e,- '00"h c r S 7ncl _ 3. The expected infiltration rate:_ 2 — Go i.1 4. The depth to the Seasonal High Water Table: -950"-W , BG S. Additional comments: S U Signature of Regional Office Personnel: Linda Lewis, DWQ Permit Application No. SW d OZOCPO1? S:1WQSISTORMWATIFORMS\MTNVST.FOR 'Vincent Lewis, Soil Scientist Date lF ( ¢ -0-7, ►-. INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASiN10206( PROJECT NUMBER: 020608-6 DATE: 05-Feb-03 PROJECT NAME: The Forest @Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS: SA Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA: 1`4$975 SF IMPERVIOUS AREA CALCULATION BUILDINGS PARKING STREET OTHER TOTAL % IMPERVIOUS, 1= ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE or SURFACE AREAS AND ELEVATIONS BOTTOM 29.5 1368 29.75 15162 2066,25 TOP 30.5 17468 12236.25 VOLUME 1 DEPTH ! DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME TOTAL VOLUME AVAILABLE STORAGE MET AT ELEVATION ELEVATION ON PLANS VOLUME PROVIDED @plan elev. TIME TO DRAWDOWN 25 YEAR 24 HOUR STORM NIA INCHES/HOUR 0.000093 FPS 2066.25 14302.5 CUBIC FEET CUBIC FEET FMSL FMSL CUBIC FEET HOURS MUST BE <120 Intensity, i = .33 inches 1 hour Or=CiA= CFS Op through the bottom of the basin= CFS 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 6.3 inches / hour Volume for 10 yr. 10 min. event = 7054.39 CF < COMMENTS Volume and drawdown are within Design Requirements. Must be > Or 14302.5 CF