SW8040740_COMPLIANCE_20191205

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 01 q 12 0 5
YYYYMMDD

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Thursday, December 5, 2019 2:11 PM
To:
'[e-mail]'
Subject:
Ocean Club Estates - State Stormwater - (SW8 040740)
Mr. Zarate,
As we discussed, I understand that you all need some additional time to get contractors onsite and that we are also
approaching the time of year where it will be difficult to get grass to grow in order to fix the vegetated filters. Please try
to get this wrapped up by 3/31/20, and touch base at that time to let us know it has been completed.
Thanks,
Kelly
K.CLLLI Joilv%,solrt.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records law and may be
disclosed to third parties.

8 ;;;]
Sunset Beach Holdings II, LLC
2421 BowLvid Parkway, Suite 104 Vuginia Beach, VA 23,15 4
Phone [phone]A42 Fax 8-W.2G0.3732
November 26, 2019
Kelly Johnson
Environmental Engineer III
North Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: Notice of Inspection - Non Compliant
Ocean Club Estates Subdivision (formerly Riverside)
State Stonnwater Management Permit No. SW8 040740
Brunswick County
Dear Mrs. Johnson:
DEC 0 2 2019
t'.
I received a Notice of Inspection - Non Compliant Letter from Mrs. Linda Lewis on November I 2019,
even though the letter was dated October 28, 2019, I am not really sure why it took so long to be delivered
to me. I called your office and was told that Mrs. Lewis had retired and that you were the new point of
contact.
Once I received the letter, I reached out and have been in contact with Aron Black with J.P. Russ & Son
Inc. from Ocean Isle Beach. They were the company we hired to do the infrastructure on Riverside Drive,
they did the original work and are very familiar with the property.
I also drove down to Sunset Beach the next day and conducted a physical inspection of the property to
understand the deficiencies the letter stated. I have reached out to the builders of the properties being
erected and the properties already built so they can fix the catch basins inlets that are buried and the
vegetated filters in the easements between lots. Not only on the lots they worked or are currently working on
but on the adjacent lots as well, where the construction vehicles and equipment were kept.
Due to the Thanksgiving holiday I am still waiting to hear back from J.P. Russ & Son Inc. with their plan of
action and timelines, once I receive them I will fill in the information on items I and 2.
If for some reason I do not receive the action plan this week from J.P. Russ & Son Inc. I have a local
company here in Virginia Beach, VA ready to go down to Sunset Beach and begin the work.

Plan of action with timelines:
1. Catch basins inlets:
The plan of actions is
The timeline is
2. Vegetated filters:
Plan of action is
The timeline is
3. Transferring the permit:
I have downloaded the State Stormwater Permit Transfer Application form from the deq.nc.gov
website. The permit transfer application states that "Per the stomrwater rules and the state
stormwater permit conditions, the permit shall not be transferred until: 1. The current permitee
resolves all non-comphance issues identified the inspection report:"
Once we have resolved the non-comphant issues the permit will be transferred to the Ocean Club
Estates POA.
4. Monitor lots during construction:
Moving forward all work will be monitored during construction to make sure the 2250 sf BUA limit
is not exceeded.
Thank you for bringing this to my attention, rest assured I will make sure we are compliant moving
forward.
Sunset Beach Holdings II, LLC
2421 Bowland Parkway
Suite 104
Virginia Beach, VA 23454
2

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
October 28, 2019
NORTH CAROLINA
Envirwunental Quality
Sunset Beach Holdings 11, LLC
Attn: Francisco Zarate, Manager
2421 Bowland Parkway, Suite 104
Virginia Beach, VA 23454 -
Subject: Notice of Inspection - Not Compliant
Ocean Club Estates Subdivision (formerly Riverside)
State Stormwater Management Permit No. SW8 040740
Brunswick County
Dear Mr. Zarate
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until
they are modified. Please note that this letter references DEMLR in place of DWQ.
On October 15, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) conducted an inspection of the subject project, located off Riverside Drive,
Sunset Beach, Brunswick County to determine the status of compliance with the State Stormwater
Management Permit Number SW8 040740 transferred and reissued to you on September 2, 2015.
DEMLR file review and site inspection revealed that the site is not in compliance with the terms and
conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection
Report" attached to this letter, which summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Many of the catch basin inlets are buried. The grates must remain open to receive runoff
from the roadside swales and street for treatment. Additionally, runoff from all the built -
upon areas on the lot is required to be directed into the catch basin located at the corner of
each lot and directed into the infiltration system for treatment
2. Many of the vegetated filters located in the easements between the lots need to be
maintained and restored to design condition. Please ensure that builders protect the
vegetated filters during construction and do not pipe or alter the grading of the filter once
house construction is complete.
3. Please do not forget to transfer the permit to the Ocean Club Estates Property Owners
Association, Inc. at the appointed time as per NCAC 02H.1045.
4. Please monitor the lots during and after construction to ensure that the 2250 sf BUA limit
has not been exceeded. At the time a transfer to the Association is warranted, records
which document the BUA on each lot will be required.
D g Q
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Offlce 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
�+e\ 0 910.796.7215

State Stormwater Permit No. SW8 040740
Page 2 of 2
Please be reminded that it is your responsibility as the permittee of record to submit a completed
and signed Permit Transfer Application Form to the Division of Energy, Mineral and Land
Resources 30-60 calendar days prior to making any of the below listed changes. This form is
available on our website at: https://deg.nc.gov/about/divisions/energy-mineral-land-
resources /energy-mineral-land-rules/stormwater-program/post-construction.
a. An ownership change including the sale or conveyance of the permitted project area in
whole or in part This does not include the conveyance of subdivided residential lots to
individuals which are made subject to a recorded declaration of covenants and restrictions
which contain the statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
e. Dissolution of the partnership, corporate entity or LLC.
f. A name change of the owner / permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Please be advised that Sunset Beach Holdings 11, LLC is required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, until such time as the
required Permit Transfer Application Form is submitted to and approved by the Division, including
the review of all proposed lot development plans for compliance with the maximum permitted BUA
limit, monitoring the project, and the continued operation and maintenance of the permitted
infiltration systems and vegetated filters.
Failure to provide the requested information, or to respond to this letter with a plan of action,
including a timeline to resolve the identified deficiencies, by November 28, 2019, are considered
violations of the permit. If the requested information is not submitted to this office by the due date,
then DEMLR staff will re -inspect the site and may issue a Notice of Violation. Please also note that
any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the stormwater rules is subject to enforcement action as set forth in NCGS
143 Article 21, including the assessment of civil penalties of up to $25,000 per day.
If you have any questions, please contact any of the State Stormwater Staff in the Wilmington
Regional Office, telephone number (910)-796-7215.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
Enclosure: Compliance Inspection Report
"', 'GDS\arl: G:\\\Stormwater\Permits & Projects\2004\040740 HD\2019 10 CEI_deficient040740
CC: Todd Rademacher, Town of Sunset Beach
WiRO Stormwater Permit File

Compliance Inspection Report
Permit:
SW8040740 Effective: 09/02/15
Project:
Ocean Club Estates Subdivision
Owner:
Sunset Beach Holdings II LLC
County:
Brunswick
Region:
Wilmington
Expiration: 05/16/21
Adress: N Shore Dr E At Riverside Dr
City/State/Zip: Sunset Beach NC 28468
Contact Penton: Francisco Zarate Title: Phone: [phone]
Directions to Project:
From the intersection of NC 904 & NC 179 in Sunset Beach, travel SW on NC 179 for approx 1.9 miles. Continue S on Sunset
Blvd. for approx 4695 ft. Turn left on Northshore Drive east. Travel east for 550 ft. Site is at the end of Northshore Drive.
Type of Project: State Stonnwater - HD - Infiltration
Drain Areas: 1 -
On -Site Representative(s):
Related Permits:
Inspection Date: 10/15/2019
EntryTime: 01:10PM
Primary Inspector: Connor Musial
Secondary Inspec'''to''''rr/((111s):
Alida R Lewis -1
Reason for Inspection: Complaint
Permit Inspection Type: State Slormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stonnwater
(See attachment summary)
Exit Time: 01:30PM
Phone:
Inspection Type: Compliance Evaluation
page 1

p9mic SWO040740 Owner • Project Sunset Beach Holdings II LLC
Inspection Date: 10/1512019 Inspection Type Compliance Evaluation Reason for visit Complaint
Inspection Summary:
The Division received a call from a builder inquiring about the possibility of filling in the "swale" between the lots with
gravel. The Division informed the builder that what he called a Swale, was in fact the required vegetated filter for the
overflow from the infiltration trench system.
The inspection revealed a few issues with the system:
1. The grated inlets into the infiltration system were covered over. These grates need to be kept clear to allow the runoff
from the streets and swales to enter the infiltration system for treatment, and to allow the excess design storm to
overflow through the vegetated filter.
2..Many of the vegetated filters need to be restored to design condition. The approved vegetated filter detail is depicted
on the approved plans.
As a reminder, the permittee is required to review the lot construction plans for compliance with the BUA limit; to monitor
the lot during and after construction to assure that the vegetated filters are protected and remain operational; and to
operate and maintain the permitted stormwater control measures at design condition.
Transfer of the permit to the HOA may be initiated when >50% of the lots have been sold to individual owners (not
builders). Please refer to NCAC 02H.1045 for information about transfers to an HOA, documentation and compliance
requirements.
page 2

permit; SW8040740 Owner - Project Sunset Beach Holdings ll LLC
Inspection Data: 10/1512019 Inspection Type Compliance Evaluation
Reason for Mail:
Complaint
File Review
yes
No NA NE
Is the permit active?
N
❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
E
❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
0
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
N
❑ ❑ ❑
Comment:
SW Measures yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? S ❑ ❑ ❑
Comment:
Operation and Maintenance yea No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ i ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: 1. The catch basin inlet grates are covered. The grates must be opened up to allow runoff from the street
and the roadside swale to freely enter the underground trench system to be infiltrated and to allow the
excess design storm to freely overflow into the vegetated filters.
2. The vegetated filters receive excess design storm overflow from the infiltration system. The filters are
located in a drainage easement between every other lot. These filters need to be restored to the
approved design condition. A detail of the vegetated filter is located on the approved plans.
page: 3

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION 7-'{
T&WATfi
NAME �G•ZaG�� /!'%C��M
REPRESENTING 'e f-C " '-7
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
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advance to schedule an appointment to review the files. egpointments will be scheduled
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appointment may view the Mes to the extent that time and staff supervision is available.
2. You must specify files you want to review by facial, name. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is $.05 cents. Payment may be made by check money order, or cash at the
reception desk. Copies totaling $5 DO or more can be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
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misdemeanor for which you can be fined up to $500.00. No briefcases, large totes. etc. are
Remained in the file review area
5. In accordance with General Statue 25-3-512, a $25.00 processbg fee will be charged and
collectedfor checks on which payment has been refused.
FACILITY NAME COUNTY
1.
2.
3.
4.
Ca(, I:CQlr
1rn�4nC�ri � 5 i2 15 11'2� I I � �l
Signature and Name of FirtnSusmess Date Time In Time Out
Please attach a bw1ness card to this farm
COPIES MADE _ 0 _ PAID INVOICE
S:Admimfda access

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTIONt11
TIMMATE i i DLAc
NAME i n�
REPRESENTING
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to carry out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment to review the files. Appointments will be scheduled
between 9:00am and 3:001)m. Viewing time ends at 4:45pm. Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the
reception desk. Copies totaling $5.00 or more can be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are
permitted in the file review area.
5. hi accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected for checks on which payment has been refused
FACILITY NAME
2. �Cn\RCl�1U� �Q
3
let
Signature and Name of Firm/Business Date
Please attach a business card to this form
COPIES MADE PAID
S:Adiiin.file access
COUNTY
Time In Time Out
INVOICE