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HomeMy WebLinkAboutSW8140416_COMPLIANCE_20210729STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 If DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE 202 J 07 29 YYYYMMDD Pusey, Steven From: Pusey, Steven Sent: Thursday, July 29, 2021 3:02 PM To: mike@signature-companies.com'; Pape, Garry (gpape@gsp-consulting.com) Subject: Notice of Inspection for permit SW8 140416 / Wyndwater Phase 2 Attachments: 2021 07 CEI_deficient 140416.pdf; 2021 07 CEI_BIMS 140416.pdf Please reference the attached letter and notice of inspection report for Wyndwater Phase 2 in Pender County, permit SW8 140416. Regards, Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-721 S Direct: (910) 796-7331 Email: steven.DusevCalncdenr.00v DEQ Snail correspondence to and%rorn this address is subject to the North Carolina Public Records Law and rnoy be disclosed to third porties. ROY COOPER Governor DIONNE DELL -GATTI Secretary BRIAN WRENN Director July 29, 2021 NORTH CAROLINA Environmental Quality Signature Top Sail NC, LP & Signature Top Sail GP, LLC ATTN: Mike Pollak, Managing Member 9337 B Katy Freeway #377 Houston, TX 77024 Sent via E-mail. mike@signature-companies.com Subject: Notice of Inspection —Not Compliant Wyndwater Phase 2 (incl. addition of 8 lots in Phase 9 area) State Stormwater Management Permit No. SW8 140416 Pender County Dear Mr. Pollak: On July 13, 2021, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) performed a follow-up inspection of the subject project, located at West Craftsman Way in Pender County to determine the status of compliance with the State Stormwater Management Permit Number SW8 140416, originally issued on July 3, 2014 and last modified on February 17, 2020. DEMLR file review and site inspection revealed that the site is still 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. Phase 9 (located in Phase 2) is still under construction. Once construction is complete, a new engineer certification will be required for this entire Phase 2 permit to address any changes to the system that are not shown on the approved plans. 2. There is erosion on the banks of the pond above where the inlet pipe from Phase 9 enters the forebay. 3. Sediment from the erosion needs to be mucked out of the forebay. 4. There appears to be an extra curb inlet in the road and extra yard inlets in Lots 344 and 345 that are not shown on the approved plans dated 2/17/20. * 5. The piping installed to convey runoff from Phase 9 built -upon area to the forebay does not appear to match the approved plans dated 2/17/20. * 6. Previously submitted Lot BUA Allocation table does not match the permit, which allows 4,500 sf per lot on all lots. Please revise and resubmit this table. * A minor modification may be required for item #s 4 and 5. Please be advised that, as the permittee, you are 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, including the operation and maintenance of the permitted stormwater system. D_ffa North Carolina Department of Environmental Quality I DlvWonof Energy, Mlneal and Land Resources Wilmington Regional Office I W Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 1.40416 Page 2 of 2 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 August 30, 2021, 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 stonmwater 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 me at the Wilmington Regional Office, phone number (910)796-72.15 or via email at steven.pusey@ncdenr.gov. Sincerely, Steaex C Puee# Steven G. Pusey Environmental Engineer H Enclosure: Compliance Inspection Report DES\sgp: \\\Stormwater\Permits & Projects\2014\140416 HD\2021 07 CEI—deficient 140416 cc: Garry Pape, PE — GSP Consulting; via email at gpape a�gsp-consulting.com WiRO Stormwater Permit File r& 0% North Carolina Department of Environmental Quality I Division of Energy. Mineral and land Resotvices Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 gM796.7715 Compliance Inspection Report Permit: SW8140416 Effective:02/17/20 Expiration: 07/03/22 Project: Wyndwater Phase 2 Owner: Signature Top Sail NC LTD County: Pander Adress: Sloop Point Loop Rd Region: Wilmington City/State/Zip: Hampstead NC 28443 Contact Person: Michael H Pollak Title: Directions to Project: Approx. 2 miles heading SE on Sloop Point Loop Road from US17/Sloop Point Loop. Type of Project: Slate Stormwater - HD - Detention Pond Drain Areas: 1 - (Mullet Run) (03-06-24) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 07/13/2021 Entry Time 11:30AM Primary Inspector: Trend James Secondary Inspector(s): Steven G Pusey Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: E State Stormwater (See attachment summary) Phone:713-822-3891 Exit Time: 12:OOPM Phone: Inspection Type: Transfer Renewal page 1 Permit: SW8140416 Owner - Project: Signature Top Sail NC LTD Inspection Date: 07/13/2021 Inspection Type Transfer Renewal Reason for Visit: Follow-up Inspection Summary: The following deficiencies must be resolved: 1. Phase 9 (locatd in Phase 2) is still under construction. Once construction is complete, a new engineer certification will be required for the entire Phase 2. 2. There is erosion on the banks of the pond above where the inlet pipe from Phase 9 enters the forebay. 3. Sediment from the erosion needs to be mucked out of the forebay. 4. There appears to be an extra curb inlet in the road and extra yard inlets in Lots 344 and 345 that are not shown on t approved plans dated 2/17/20. 5. The piping installed to convey runoff from Phase 9 built -upon area to the forebay does not appear to match the approved plans dated 2/17/20. ` 6. Previously submitted Lot BUAAllocation table does not match the permit, which allows 4,500 sf per lot on all lots. ` A minor modification may be required for item #'s 4 and 5. page 2 Permit: SW8140416 Owner - Project: Signature Top Sail NC LTC) Inspection Date: 07/13/2021 Inspection Type Transfer Renewal 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? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Need new engineer certification. 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? ❑ ❑ ❑ ■❑❑❑ ■ ❑❑❑ Yes No NA NE ❑ ❑❑■ ❑ ❑❑■ Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: Previously submitted Lot BUAAllocalion table does not match the permit, which allows 4.500 sf per lot on all lots. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ■ ❑ ❑ Are the inlets located per the approved plans? ❑ ®FIE] Are the outlet structures located per the approved plans? M ❑ ❑ ❑ Comment: Collection system to pond from Phase 9 not in accordance with approved plans. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ M ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: 1. Erosion on banks of pond at inlet pipe area. 2. Sedimentation in forebay. page 3 Pusey, Steven From: Garry Pape <gpape@gsp-consulting.com> Sent: Monday, September 14, 2020 8:13 AM To: Pusey, Steven; Mike Pollak Subject: [External] RE: Stormwater inspection reports for Wyndwater Phases 2 & 3 Attachments: 2020-09-13 Pond #2 Berm Repair.pdf Steve, All the repairs have been done. Attached is the berm repair for Pond #2 (SW8 140416). - Garry From: Pusey, Steven [mailto:steven.pusey@ncdenr.gov] Sent: Friday, June 26, 2020 11:36 AM To: Mike Pollak; Garry Pape Subject: Stormwater inspection reports for Wyndwater Phases 2 & 3 Gentlemen: Please reference the attached Notices of Inspection letters and reports for Wyndwater Phase 2 and Phase 3. Note that there is a letter and report for each of the following permits: • S W 8 140416 • SW8150908 Please advise if you have any questions. Regards, _5� P•w7 Steve Pusey, El Environmental Engineer II Division of Energy, Mineral and Land Resources — State Stormwater North Carolina Department of Environmental Quality Office: (910) 796-7215 Direct: (910) 796-7331 E-mail: steven.pusey(d)ncdenr.gov Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 O,yn1Y1 YIm11Y�YY WYA,� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director June 26,2020 NORTH CAROLINA Environmental Quality Signature Top Sail NC, LP & Signature Top Sail GP, LLC ATTN: Mike Pollak 9337 B Katy Freeway #377 Houston, TX 77024 Sent via E-mail. mike signature-companie.v.com Subject: Notice of Inspection — Not Compliant Wyndwater Phase 2 (incl. addition of 8 lots in Phase 9 area) State Stormwater Management Permit No. SW8 140416 Pender County Dear Mr. Pollak: On June I I, 2020, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected the subject project, located at West Craftsman Way in Pender County to determine the status of compliance with the State Stormwater Management Permit Number SW8 140416, originally issued on July 3, 2014 and last modified on February 17, 2020. 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: I. Once construction is complete, a new engineer certification will be required. 2. Phase 9 within Phase 2 is still incomplete. Roads need to be graveled and grass needs to be planted. 3. Operation & Maintenance: a. 'there is erosion where the inlet pipe from Ph 9 comes into the pond. It appears that some of the banks may be too steep. This area should be re -graded at 3:1 slope where necessary, and have sod installed on the banks that are eroding. b. Sediment needs to be removed (mucked out) from the forebay where it has accumulated. c. Some erosion holes around pond need to be filled and new grass seeded where necessary. d. 'Trash rack on outlet structure needs to be secured in a manner where it can be removed when necessary for maintenance. 4. The pond has a slightly different shape than the plans, however it appears to be sufficiently sized. Please be advised that receive approval from the Division to transfer the permit, you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Tide 15A North Carolina Administrative Code 21-1 .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. 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 ��++� 910.796.7215 State Stormwater Permit No. SW8 140416 Page 2 of 2 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 July 24, 2020, 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 me at the Wilmington Regional Office, telephone number (910). 796-7215 or via email at steven.pusey@ncdenr.gov. ncdenr.gov. Sincerely, sawa g. pa" Steven G.Pusey Environmental Engineer II Enclosure: Compliance Inspection Report DES\sgp: \\\Stormwater\Permits & Projects\2014\140416 HD\2020 06 CEI—deficient 140416 cc: Garry Pape, PE — GSP Consulting; via Email al gpape agsp-cont'ulring.eom WiRO Stormwater Permit File Compliance Inspection Report Permit: SW8140416 Effective: 02/17/20 Expiration: 07/03/22 Project: Wyndwater Phase 2 Owner: Signature Top Sail NC LTD County: Fender Adress: Sloop Point Loop Rd Region: Wilmington City/State/Zip: Hampstead NC 28443 Contact Person: Michael H Pollak Title: Phone: 713-822-3891 Directions to Project: Approx. 2 miles heading SE on Sloop Point Loop Road from US17/Sloop Point Loop Type of Project: Slate Stormwater - HD - Detention Pond Drain Areas: 1 - (Mullet Run) (03-06-24) ( SA,HQW) On -Site Representative(s): Related Permits: Inspection Date: 06/11/2020 Entry Time 09:30AM Exit Time: 10:30AM Primary Inspector: Steven G Pusey Phone: Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Inspection Type: Transfer Renewal page 1 Permit: SW8140416 Owner - Project: Signature Top Sail NC LTD Inspection Date: 06/11/2020 Inspection Type Transfer Renewal Reason for Visit: Follow-up Inspection Summary: 1. Once construction is complete, a new engineer certification will be required. 2. Phase 9 within Phase 2 is still incomplete. Roads need to be graveled and grass needs to be planted. 3. Operation & Maintenance: a. There is erosion where the inlet pipe from Ph 9 comes into the pond. It appears that some of the banks may be 1.00 steep. This area should be re -graded at 3:1 slope where necessary, and have sod installed on the banks that are eroding. b. Sediment needs to be removed (mucked out) from the forebay where it has accumulated. c. Some erosion holes around pond need to be filled and new grass seeded where necessary. d. Trash rack on outlet structure needs to be secured in a manner where it can be removed when necessary for maintenance. 4. The pond has a slightly different shape than the plans, however it appears to be sufficiently sized. page 2 � • Y Permit: SW8140416 Owner- Project: Signature Top Sail NC LTD Inspection Date: 06/11/2020 Inspection Type Transfer Renewal 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? ❑ No ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: Need engineer certification. Built Upon Area Yes No NA PIE Is the site BUA constructed as per the permit and approval plans? M ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? M ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑ Comment: Phase 9 within Phase 2 is still under construction. SW Measures Yes No NA IVE Are the SW measures constructed as per the approved plans? ❑ ■ 110 Are the inlets located per the approved plans? ❑ ❑ Cl Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑ Comment: Some minor construction in roadways needs completion (curb inlets gravel). Grass needs plantincL 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 ❑ ❑ ❑ ❑ DWO upon request? Comment: a There is erosion where the inlet pipe from Ph 9 comes into the pond. It appears that some of the banks may be too steep This area should be re -graded at 3:1 slope where necessary, and have sod installed on the banks that are eroding. b Sediment needs to be removed (mucked out) from the forebay where it has accumulated. c Some erosion holes around pond need to be filled and new grass seeded where necessary. d. Trash rack on outlet structure needs to be secured in a manner where it can be removed when necessary for maintenance. page 3 Pusey, Steven From: Pusey, Steven Sent: Monday, April 06, 2020 10:51 AM To: Pape, Garry (gpape@gsp-consulting.com); mike@signature-companies.com Subject: Notice of Inspection: Wyndwater Phase 2, permit SW8 140416 Attachments: 2020 04 CEI_BIMS 140416.pdf; 2020 04 CEI_deficient 140416.docx.pdf Gentlemen: Please reference the attached inspection letter and report for the subject permit. Regards, 15tmv 6 ;14ey Steve Pusey, El Environmental Engineer II Division of Energy, Mineral and Land Resources —State Stormwater Department of Environmental Quality 910'7967215 office 910 796 7331 direct steven.pusey@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 .ndLndL. Nlnrrol mrl Rrarwrar Emod correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. ® Before printing this email, please consider your budget and the environment. ROY COOPER Governor MICHAEL S. REGAN Secretary' BRIAN WRENN Acting Director April 6, 2020 NORTH CAROLINA Environmental Quality Signature Top Sail NC, LP & Signature Top Sail GP, LLC ATTN: Mike Pollak 9337 I3 Katy Freeway 9377 Houston, TX 77024 Sent via E-mail. mike,)signature-companies.eom Subject: Notice of Inspection — Not Compliant Wyndwater Phase 2 (incl. addition of 8 lots in Phase 9 area) State Stormwater Management Permit No. SW8 140416 Pender County Dear Mr. Pollak: On April 3, 2020, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DI -MLR) inspected the subject project, located at West Craftsman Way in Pender County to determine the status of compliance with the State Stormwater Management Permit Number SW8 140416, originally issued on July 3, 2014 and last modified on February 17, 2020. 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: a. Once construction is complete, a new engineer certification will be required. b. Phase 9 within Phase 2 is incomplete, still under construction. c. Operation & Maintenance: I. There is erosion where the inlet pipe from Ph 9 comes into the pond. It appears that the banks are too steep. This should be re -graded at 3:1 slope and be re -seeded, or preferably have sod installed on the banks that are eroding. 2. Some additional areas on the pond banks need to be re -seeded. 3. All trash needs to be removed from the pond. 4. Trash rack needs to be secured to the outlet structure. d. The pond has a slightly different shape than the plans, however it appears to be sufficiently sized. Please be reminded that it is your responsibility as the pennittee 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 websit:e at: h>�s://deq. iic. sov/abouL/d iv isions/e new v-m i nera I- I anal-resources/eiiertzv-nt i sera I-land-rules/stornrxater- proaram/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 201 1-256; North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources ` ✓ Wilmington Regional Office 1127 Cardinal Drive Extension I wilmington. North Carollna 28405 910.79b.7215 State Stormwater Permit No. SW8 140416 Page 2 of 2 c. Foreclosure proceedings; d. Filing for Bankruptcy; e. Dissolution of the partnership, corporate entity or LLC. Per NCGS 57D-6-07, a dissolved LLC shall wind up, which may include continuing the business of the LLC for a period of time. The person charged with winding up the LLC shall collect the LLC's assets [which include the stormwater management permit], and distribute the assets as provided in NCGS 57D-6-08(2). OR Per NCGS 55-14-05, a dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business; and affairs, which includes the stormwater management permit; f. A name change of the owner / permittee; g. A name change of the project; It. A mailing address change of the permittee; Please be advised that until you submit the required Permit Transfer Application Form to the Division and receive approval from the Division to transfer the permit, you are 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, including the operation and maintenance of the permitted stormwater system. 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 April 30, 2020, 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. Ifyou have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at steven.pusey@ncdenr.gov. Sincerely, Stems 57, ;V" Steven G. Pusey Environmental Engineer II Enclosure: Compliance Inspection Report DES\sgp: \\\Stormwater\Permits & Projects\2014\140416 HD\2020 04 CEI—deficient 140416 cc: Garry Pape, PE —GSP Consulting; via F.mui/utgpupe@gsp-consulting.com WiRO Stormwater Permit File Compliance Inspection Report Permit: SW8140416 Effective: 02/17/20 Expiration: 07/03/22 Project: Wyndwater Phase 2 Owner: Signature Top Sail NC LTD County: Pander Adress: Sloop Point Loop Rd Region: Wilmington City/State/Zip: Hampstead NC 28443 Contact Person: Michael H Pollak Title: Phone: 713-822-3891 Directions to Project: Approx. 2 miles heading SE on Sloop Point Loop Road from US17/Sloop Point Loop. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Mullet Run) (03-06-24) ( SA;HOW) On -Site Representative(s): Related Permits: Inspection Date: 04103/2020 Entry Time 02:30PM Exit Time: 03:30PM Primary Inspector: Steven G Pusey Phone: Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: Slate Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: State Stormwater (See attachment summary) Inspection Type: Transfer Renewal page 1 Permit: SW8140416 Owner - Project: Signature Top Sail NC LTD Inspection Date: 04/03/2020 Inspection Type Transfer Renewal Reason for Visit: Follow-up Inspection Summary: The following deficiencies were found: a. Once construction is complete, a new engineer certification will be required. b. Phase 9 within Phase 2 is incomplete. still under construction. c. Operation & Maintenance: 1. There is erosion where the inlet pipe from Ph 9 comes into the pond. It appears that the banks are too steep. This should be re -graded at 3:1 slope and be re -seeded, or preferably have sod installed on the banks that are eroding. 2. Some additional areas on the pond banks need to be re -seeded. 3. All trash needs to be removed from the pond. 4. Trash rack needs to be secured to the outlet structure. d. The pond has a slightly different shape than the plans, however it appears to be sufficiently sized. page 2 Permit: SW8140416 Owner - Project: Signature Top Sail NC LTD Inspection Date: 04/03/2020 Inspection Type Transfer Renewal Reason for Visit: Follow-up File Review Yes No NA NE Is the permit active? 0 000 Signed copy of the Engineer's certification is in the file? Signed copy of the Operation 8 Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Once construction is complete a new engineer certification will be required. 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: Phase 9 within Phase 2 is incomplete: still under construction. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? ❑ M ❑ ❑ M ❑ ❑ ❑ ■❑LIE] Yes No NA NE ■❑❑❑ Yes No NA NE ❑ ME] ❑ ■ ❑❑❑ Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑ Comment: Phase 9 within Phase 2 is incomplete: still under construction. This will need to be completed before the permit can be transferred to the HOA. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWO upon request? Comment: 1. There is erosion where the inlet pipe from Ph 9 comes into the pond. It appears that the banks are too steep. This should be re -graded at 3:1 slope and be re -seeded, or preferably have sod installed of the banks that are eroding. 2. Some additional areas on the pond banks need to be re -seeded. 3. All trash needs to be removed from the pond. 4. Trash rack needs to be secured to the outlet structure. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ®❑❑❑ Comment: The pond has a slightly different shape than the plans, however it appears to be sufficiently sized. page 3 Pusey, Steven From: Pusey, Steven Sent: Tuesday, November 19, 2019 4:48 PM To: mike@signature-companies.com; Pape, Garry (gpape@gsp-consulting.com) Subject: Inspection Report for Wyndwater Phase 2; SW8 140416 Attachments: 2019 11 CEI-BIMS 140416.pdf; 2019 11 CEI_deficient 140416.pdf Gentlemen: Please reference the attached inspection report and letter for Wyndwater Phase 2. The deficiencies need to be resolved before we can transfer the permit. Regards, Itcwe 66 urea Steve Pusey, EI Environmental Engineer II Division of Energy, Mineral and Land Resources -State Stormwater Department of Environmental quality 910 796 7215 office 910 796 7334 direct steven.pusey@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 and Fo^Mineral N. . nLund Rrs�rrc n Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ® Before printing this email, please consider your budget and the environment. ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director November 19, 2019 NORTH CAROLINA Environmental Quality Signature Topsail NC Ltd. ATTN: Mike Pollak (via email. mike@signature-companies.com) 4307 Peeble Drive Wilmington, NC 28412 Subject: Notice of Inspection — NOT Compliant Wyndwater Phase 2, Pender County State Stormwater Management Permit No. SW8 140416 Dear Mr. Pollak: On October 17, 2019, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected the subject project, located off Sloop Point Loop Road in Pender County to determine the status of compliance with the State Stormwater Management Permit SW8 140416 issued on July 3, 2014 and as modified thereafter. 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 inspection. As indicated in the attached inspection report, the following observations and deficiencies were found: 1. The recorded deed restrictions state that all lots have 4,500 sf allowable BUA each, whereas the table in section 11.4 of the permit shows that lots 85-104 have different QUA allocations. 2. The orifice was not installed in the outlet structure. 3. The trash rack was damaged on the outlet structure. 4. Pipe outfall ties into the pipe that is part of Phase 3. 5. Phase 9, which is included in this permit, is under construction. 6. Pond 2 dimensions and shape were changed slightly in Phase 9. The following actions are needed to bring this project into compliance: 1. An amendment is needed for the deed restrictions to correct the allowable BUA for lots 85-104. 2. The orifice needs to be installed in the outlet structure. 3. The trash rack needs to be repaired on the outlet structure. Please be advised that until you receive approval from the Division to transfer the permit, as the pemtittee, you are 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, including the operation and maintenance of the permitted system. 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 December 6, 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 me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at spusey@ec.r-r.com. ec.rr.com. Sincerely, sly 9, p" Steven G. Pusey, Environmental Engineer 11 Enclosure: Compliance Inspection Report GDS\sgp: \\\Stormwater\Permits & Projects\2014\140416 11D\2019 11 CEI deficient 140416 cc: Garry Pape, PE—GSP Consultants, via email aigpapeLgsp-consulting.com 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 910.796.7215 Compliance Inspection Report Permit: SW8140416 Effective: 08/23/18 Project: Wyndwater Phase 2 Owner: Signature Top Sail NC LTD County: Pander Region: Wilmington Expiration: 07/03/22 Actress: Sloop Point Loop Rd CitylStatelZip: Hampstead NC 28443 Contact Person: Michael H Pollak Title: Directions to Project: Approx. 2 miles heading SE on Sloop Point Loop Road from US17/Sloop Point Loop. Typo of Project: State Stormwater- HD - Detention Pond Drain Areas: 1 - (Mullet Run) (03-06-24) ( SA;HOW) On -Site Representative(s): Related Permits: Inspection Date: 10/17/2019 Entry Time: 02:30PM Primary Inspector: Steven G Pusey Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: ® State Slormwater (See attachment summary) Phone: 713-822-3891 Exit Time: 03:00PM Phone: Inspection Type: Transfer Renewal page: 1 Permit: SWO140416 Owner - Project: Signature Top Sail NC LTD Inspection Date: 10/17/201 g Inspection Type Transfer Renewal Reason for Visit: Other Inspection Summary: The following issues and observations were found. Z1. The recorded deed restrictions state that all lots have 4,500 sf allowable BUA each, whereas the table in section 11.4 of the permit shows that lots 85-104 have different BUA allocations. ? VC2>The orifice was not installed in the outlet structure. (3 `iThe trash rack was damaged on the outlet structure. ,/4. Pipe outfall ties into the pipe that is part of Phase 3. (1Phase 9, which is included in this permit, is under construction. ,/6.. Pond 2 dimensions and shape were changed slightly in Phase 9. The following actions are needed to bring this project into compliance: ✓1. An amendment is needed for the deed restrictions to correct the allowable BUA for lots 85-104. (2')The orifice needs to be installed in the outlet structure. G) The trash rack needs to be repaired on the outlet structure. page: 2 permit: SW8140416 Owner - Project: Signature Top Sail NC LTD Inspection Dale: 10/17/2019 Inspection Type Transfer Renewal Reason for Visit: Other File Review Yes No NA IIE Is the permit active? E ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? Signed copy of the Operation 8 Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? ■❑❑❑ ■❑❑❑ ❑®❑❑ Comment: The recorded deed restrictions state that all lots have 4,500 sf allowable BUA each, whereas the table in section II 4 of the permit shows that lots 85-104 have a different BUA allocation. Therefore an amendment is needed for the deed restrictions. 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: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Yes No NA NE ■❑❑❑ ■❑❑❑ ® ❑ ❑ ❑ Yes No NA NE ®❑❑❑ ■❑❑❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment: The shape of the pond for Phase 2 was changed in the Phase 9 modification, which is part of this permit. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ to ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ ■ DWO upon request? Comment: 1. The orifice was not installed in the outlet structure. 2. The trash rack was damaged on the outlet structure. 3. Pipe outfall ties into the pipe that is part of Phase 3. 4. Phase 9, which is included in this permit, is under construction. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? E ❑ ❑ ❑ Comment: Note that the Phase 2 pond was changed slightly in Phase 9. Therefore, please reference the Phase 9 plan set included in the file for pond design information as it is the most current. page: 3 To: Tlle,) T4rhPS State Stormwater Inspection Reporton: /0 -g-/g ranaral n:.. - o........ .., e.,..... Project Name: (� yaWw� PG Z Permit No: SW8 1yON/6 Expiration Date: Contact Person: Phone Number: Inspection Type: Inspection Date: Time In: / Time Out: L7Z Current Weather: Recent Rain (Date)? Rain -- in Location Facility Address / Location: City: Zip: County: PQ,,W I- Lai: 0 1"N Long: - 0 "W Permit Information--� Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 CC oastal Ruled Session Law 2006-246 Goose Creek High Quality Waters Outstanding Resource Waters Density (circle one): ('High (11D)� Low (LD) Stormwater Best Management Practices (BMPs) (inserl number of each): _Wet Ponds _Infiltration Basins _Infiltration Trenches LD Swales _Stormwater Wetlands _Dry Ponds Bioretention _Permeable Pavement _Sand filters (circle one) Open Closed Cistern _Level Spreader/Filter Strip Other (specify): File Review Yes No N/A N/E I. is the permit active? 2. Signed Engineer's Certification on file? 3. Signed Operation and Maintenance agreement on file? 4. Recorded Deed Restrictions on file? p ,c o< 7314- sf/lvu C5W /x eerr" f- ci... Irc it- a..a4 t t..... Ar.� MI I A I Vac Nn NIA NIF 5. BUA is constructed and consistent with the omit re uirements? 6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only) 7. Drainage area is consistent withpermit? i.e. no un ertnitted drainage to the SW BMPs)6.-✓ 8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs e:... Vac Nn NIA NIF 9. Stormwater BMPs are located per the approved lams? 10. Stormwater BMPs have dimensions ag. length, width, area matching the approved lams? 11. Stormwater BMPs are constructed per the agprovedplans? Cif. %Iicir• ..,I Moin4.nnnra Yen Nn N/A NIF 12. Access Dints to the site are clear and well maintained? 13. Trash has been removed as needed? 14. Excessive landscape debris(grass clippings, leaves etc is controlled? 15. Stormwater BMPs being operated and maintained as per the permit requirements? I6. Ins ection and Maintenance records are available for inspection? hi gh density onl , 1995 — present onl N/A N/E 1 18. Is the site compliant with other water duality issues as noted during the inspection? I I I I I State Stormwater Inspection Report, Version 3.0_3-09 Page I of State Stormwater Inspection Report I. Da. FIc:E IJcr- lai STAR-E r� �. / CASH QACIL 001, ai. z^O �. �c�a C_au:��'2i.cri�J iS SLttir+rLy C���-C-[,2E t- �/�'S'�C�'F 13cntnto o�T�'cT S 1{'� tPE GuT`.=I+ TIES )NT-D ptQcc -rr(q-r- tS f)AL ojF PHA r1 G E'n't n.0 S nq{2 TT 0 Compliance Status ❑ Compliant ❑ Non -Compliant Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other )ate Sent: Reference Nuumm_b)er: / nspector Name and Signature:42 Date:_ _ (�/I 7//5 PC State Stormwatcr Inspection Report, Version 3.0_3-09 Page 2 of 2 STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD DEQ SECTION: I =g)24-I .'1 REVIEW TIME / DATE: NAME: : ! - f Pt. 7 k o. - EMAIL: — REPRESENTING: C'I a STiI L-- PHONE: I hT 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 3:00pm_ 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. 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.. Necessary large plan copies can be scheduled with Camerori.Weaver@iacdenr.gov 919-796-7475 fcr a later dateltime, at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written Questions may be left with this completed form and a staff nember`will be in confact with you IF you provide your contact information where indicated above: 6. In 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 COUNTY 1. �—�7f7;�lil f7�,-rsQtr 2. 3. 4. 5. — Coastal Land Desian. Puc CMI EnglirmfingUndaaalo NchaecNre Land plenninglcenamwllen Management a Time In Time Out Jeffrey B. Petroff, P.E. _ INVOICE Office: 910-254-9333 x 2 o. Box 1172 Mobile: 910-540-1346 Iip ilmington, NC 29402 Fax: 910-254-0`-� etroff@cldeng.com m p w .cldeng.com