Loading...
HomeMy WebLinkAboutSW8970515_Compliance Evaluation Inspection_20200615ROY COOPER Governor MICHAEL S. REGAN secretary BRIAN WRENN AcftElir=W William F. Taylor, Jr. 7057 #1 Beach Drive SW Ocean Isle Beach, NC 28469 NORTH CAROLINA aW&WWWft1QUar1ty June 15, 2020 Subject: Request for Remission of Civil Penalty Sunset Oaks, LLC Case No. PC-2018-0008 Brunswick County Dear Mr. Taylor: EEIVE JUN 16 2020 CERTIFIED MAIL RETURN RECEIPT REQUE_ STED 7008 1300 00001124 8960 In accordance with North Carolina General Statute 143-215.6A (f) and delegation provided by the Secretary of the Department of Environmental Quality (DEQ) and the Director of the Division of Energy, Mineral and Land Resources (DEMLR), I, William E. Vinson, Jr., have considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment -1 he civil penalty is therefore a total amount of $24,492.30, which includes $2,492.00 in investigative costs. There are three options available to you: Opga 1: Pay the penalty. If you decide to pay the penalty at this stage of the remission process, please make your check .payable to the Department of Environmental Quality (DEQ). Send the payment within thirty (30) calendar days of your receipt of this letter to the following: If sending via US Postal Service Annette Lucas DEMLR - Sto.rinwater Program 1612 Mail Service Center Raleigh, NC 27699-1612 O .tip? 2: Negotiate a settlement. If sending via delivery service (UPS, FedEx, etc.) Annette Lucas DEMLR - Stormwater Program 512 N. Salisbuzy Street Raleigh, NC 27604 You may contact the Department of justice to negotiate a settlement. Settlement agreements must be made within thirty (30) calendar days of your receipt of this letter. If a settlement cannot be reached, you must either pay the penalty in full or defer the final decision to the Environmental Management Commission's Committee on Civil Penalty Remissions. To discuss settlement options, contact: ilk North raralira Dpartnwit of quality 1 Uivislc.,t of Energy, blirteral and Lana' F eaources r E 512 North Salisbury Street ; 1612 Mail Service Cent I Raleigh, North Cam$ra 27699-1461) ,......ti.,, _ Carolyn McLain Assistant Attorney General Environmental Division Department of Justice Phone: 919-716-6929 QVtion 33: Defer the final decision to the En-dronmeatai Management Commission. You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the fina; decision on your remission request. If payment is not received within thirty (30) calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Energy, Mineral and Land Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, You must complete and return the attached form within thirty (34 calendar days of receipt of this letter. Send the completed form to: If sending via US Postal Service If sending via delivery service (UPS, FedEx, etc.) Annette Lucas Annette Lucas DEMLR - Stormwater Program DEMLR - Stormwater Program 1612 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1612 Raleigh, NC 27604 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EIWC may choose to uphold the original penalty amount and offer no remissions g-r they may decide tr, remit a portion of the penalty. Thank you for your cooperation in this matter. If you have any questions, please contact Alaina Morman at (919) 707-9236 or Annette Lucas at (919) 707-3639. Sincerely, William E. (Toby) Vinson, Jr. Division of Energy, Mineral and Land Resources Attachments: Remission Factors and Decision Request for Oral Presentation Form cc: Christine Hall, DEMLR Wilmington Regional office - via email. Sunset Oaks Homeowners Association, Attn: Fred Robertson - via email Stor-nwater Program - 3nforcement He Copy STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK IN THE MATTFR OF ASSESSMENT OF CIVIL PENALTIES AGAINST: SUNSET OAKS, LLC ENVIRONMENTAL MANAGEMENT COMMISSION DEMLR Case Number: PC-2018-0008 REQUEST FOR ORAL PRESENTATTOUI4T I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. Making a presentation will require the presence oy myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. ■ My presentation will be limited to discussion pf issues and information submitted in my original remission request and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (3.0) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation.. See www.ncbar.com/ethics. Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is n.ota licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose :o request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on. Civil Penalfir Remissions may choose not to proceed with hearing your case if the Committee is ir:for med that a violation of the State 73ar occurs. This the __ day of ., ,20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE DIVISION OF ENERGY, MINERAL and LAND RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: PC-2018-0008 Region: Wilmington County: Brunswick Assessed Entitif: Sunset Oaks LLC Permit: SIA,18970515 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: DEMLR Response: Civil penalties were assessed in accordance with applicable regulations and agency guidance. ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation.: DEMLR Response; As evidenced in the timeline of events above, Sunset Oaks LLC received permit renewal request letters in 2007 and 2016—the WiRO received no response on either of those letters and Sunset Oaks LLC never applied for a renewal. Additionally, Notices of Violation (NOV) were sent in 2008 and 2009 but the WiRO received no response from Sunset Oaks LLC. It wasn't until 2017, when the WiRO issued a Notice of Deficiency (NOD), that Mr. Taylor lr contacted WiRO. A subsequent Notice of Violation was issued when Sunset Oaks LLC failed to act on the items outlined in the NOD, which Sunset Oaks LLC never responded to. Despite the many inspections conducted, reports sent, and violations issued, Sunset Oaks LLC never took any action to address the issues with the permit and the stormwater control measure. ® (c) Whether the violation was inadvertent or a result of an accident: DEMLR Response: The violations resulted from neglect and failure to respond. None of the violations were inadvertent or the result of an accident. ❑ (d) Whether the violator had been assessed chril penalties for any previous violations: DEMLR Response: DEMLR has no record of prior enforcement against Sunset Oaks U-C. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DEtWLR Response: It is not known whether payment of the civil penalty will prevent Sunset Oaks LLC from taking the necessary remedW actions to correct the violations. DEMLR has no knowledge of the violator's financial informal*on. Sunset Oaks, LLC R-er fission Request DECISION! (Check One) Request Denied N Full Remission ❑ Partial Remission ❑ Retain Enforcement Costs? ❑ Yes ❑ No % or $ (amount remitted) Original penalty (without enforcement costs) $ 22,000.00 Enforcement costs retained $2,492.00 Amount remitted $0.00 Subtotal $24,492.00 Total Revised Assessment $24,492.00 June 15, 2020 William E. (Toby) Vinson, Jr. Date Division of Energy, Mineral and Land Resources Sunset Oaks, LLC Ri !nission Request Memo we 2.0— 6.10,2020 Permit: SW8970515 Project: Sunset Oaks Owner: Sunset Oaks LLC Couniy: Brunswick Region: Wilmington Compliance Inspection Report Effective:09/23/97 Expiration: 09/23/07 Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - On -Site Representative(s): Related Permits: Adress: Seaside Rd City/State/Zip: Ocean Isl Bch NC 28469 Inspection Date: 06/10/2020 Entry Time 12:35PM Primary Inspector: Connor Musial Secondary Inspector(s): Christine A Hall Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: M State Stormwater (See attachment summary) Phone: Exit Time:12:45PM Phone: Inspection Type: Compliance Evaluation page 1 Permit: SW8970515 Owner - Project: Sunset Oaks LLC Inspection Date: 06/10/2020 Inspection Type Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: To resolve these issues: 1. Since the permit expired in 2007, two 8-year renewals will be required to bring this permit back to an active status. Please submit a renewal application with two rcn--wal fees. 2. Maintain the infiltration basin per the approved agreement and approved plans. 3. Provide copies of the maintenance records to demonstrate the system has been maintained. File Review Yes No NA NE 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? M ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ M ❑ Comment: The permit remains expired as of September 23, 2007. No renewal applications have been received SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ❑ ❑ M Are the inlets located per the approved plans? ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ❑ Comment: Access to the infiltration basin remains limited by overgrown vegetation 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 ❑ ®❑ ❑ DWQ upon request? Comment: The infiltration basin has not been maintained and remains overgrown Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ 0 Comment: page 2 .= y .� f - ... yR � � ra r __ ,ram-' . , -�� j' `� -• - �- - . f f "r' � . � .� _ r .,.�� _~]yam'-• at_ i J • , � ''may, �.'�y� �- 1 Nw - r - r, Hall, Christine From: Hall, Christine Sent: Friday, June 5, 2020 4:46 PM To: Morman, Alaina Subject: RE: SW8970515 Sunset Oaks a Thank you for letting me knew or the outcome: i haF:e cc'ed Conn fr on here sc tie knows to add this one to his list of sites to inspect next t;me he's in that area. Connor —the file is in my office, I'll pull it and bring it to you Tuesday rn-_rning wheii I return to the office. ,, P_;ease note the ::range to •ry directphane .^umber " Christine Hall Wilmington Regional Stormwater Program Supervisor Division of Energy, Mineral and Land Resources — State Stormwater Program North Carolina Department of Environmental Quality Office: 910 796 7215 Direct: 910 796 7339 Email: christine.hall@ncdenr.acv Address: 127 Cardinal Drive Ext. Wilmington, NC 28405 lox From: Morman, Alaina Sent: Friday, June 5, 2020 4:43 PM To: Hall, Christine <Christine.Ha[I@ncdenr.gov> Subject: SW8970515 - Sunset Oaks Hey Christine, Just wanted to let you know the meeting went well. Toby wholeheartedly agreed with WiRO's decision to deny the request. I have to fill out the formal letter that gets sent to Mr. Taylor and then Toby will sign both the letter and the memo. You'll receive signed versions of the letter and the memo. Toby did ask, though, that someone from the region go out to the SCM to verify that no work has been done. He wants to be absolutely sure, in case this goes to the EMC. Thanks for working with me on this one. Have a great weekend, -Alaina Alaina Mormar, Environmental Specialist Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Phone: (919) 707-9236 Email: er<3ir.,�.rrvri^ian(cDncderr.aov Physical Address: 512 North Salisbury Street Mailing Address: 1612 Mail Service Center Raleigh, NC 27699-1612 ..��. sn.rrnusq����.� Ow+a Email corre:_.00ndence to at,,. fir ; : ';-: s 's sub;ect to the North Cary, •: a Public Rec:rct, +'. c` r. ti disctcsed to third parties. Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of staff and the public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, a!I DEQ office locations are limiting pubic access to appointments only. We appreciate your patience as we continue to serve the public during this challenging time. April 8, 2019 Dear Mrs. Morman, lam writing you in regards to case # PC-2018-0008 involving Sunset Oaks, LLC. Per our conversation last week, I am representing my father who has become ill from cancer this past year and was unable to repair the storm water pond. As I mentioned in our conversation, I am willing to work with the state and the engineer on the project to bring the pond up to the state requirements. Once that is accomplished we will turn the storm water pond over to the Sunset Oaks Homeowners Association. I thank you and the state for the opportunity to work with us in fixing this problem. Below is all of my contact information. Sincerely, William Forrest Taylor, Jr. Elite Homes by Forrest Taylor, Inc. 7057 #1 Beach Dr. SW Ocean Isle Beach, NC Mobile: 910-443-1054 Office: 910-579-0283 Email: elitehomesl@atmc.net STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SUNSET OAKS, LLC ENVIRONMENTAL :MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. PC-2018-0008 Having been assessed civil penalties totaling $24,492.00 for violation(s) as set forth in the assessment document of the Director of the Division of Energy, Mineral and. Land Resources dated August 31, 2018, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Energy, Mineral and Land Resources within thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil penalty as 441— This �i day of y'� �� . 20 �I"AME Gbr i+ed), LGNATURE­:_�_ ADDRESS TELEPHONE F `, t V IUS T IFICATION FOR REM155IQN REQUEST Assessed Party: Sunset Oaks, LLC DEMLR Case Number: PC-2018-0008 County: Brunswick Permit No. (if applicable): SW8970515 Amount Assessed: $24,492.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of Right to an Administrative Hearina. and St' ulat' n of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty maybe granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of theivil penally assessment factors in N C G S 143B-282,JW werero 1 a I" d to the i nt ti 'on r (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps thatyou took to correct the violation and prevent future occurrences); (c) the violation Ls ina iverte or esu t f n ac 'dent (i.e., explain why the violation was unavoidable orsomethingyou could not prevent or prepare for); (d) th violator had not been assessed civil penalties for any previo 1 violations (Le., explain if previous violations have resulted in you being assessed civil penalties), (e) pa;:ment of fie ci 'l penal wi I revent pay ment fcr tl ; rcmuinir�g necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLAN ii ij (attach additional pages as neces "O' January 18, 2019 Lieutenant George West Brunswick County Sheriff's Office — Civil Division P.O. Box. 9 Bolivia, NC 28422 Re: Request for Service of Documents Assessment of Civil Penalties Case No. PC-2018-008 Sunset Oaks. LLC Dear Lieutenant West: CERTIFIED MAIL RETURN REC'F: IPT R1:Ot ESTED 7008 1300 0000 1124 8939 Enclosed are: (1) the Notice of Service. (2) the Return of Service and (3) the original of the documents to be served in the abor e-referenced matter. We are requesting personal service of the Assessment of Civil Penalties on Sunset Oaks. LLC as our efforts to deliver the same via certified mail have been unsuccessful. Please complete the Return of Service form and mail back to me using the envelope provided. Thank you for your assistance in this matter. if you have any questions, please contact me at (919) 707-9236. Sincerely, Alaina Merman Environmental Specialist Division of Energy, Mineral & Land Resources cc: DEMLR WiRo - Email Copy DEMLR Stormivater Program - File Copy • �' :+ ' .. , � %i:: c. ,.. r::nmrnta! �?ual<r.L}ivi;t�Y nl f urrar. �HnrrtSandL:trd i7r,a�nirr�• state kqhNmAlk Curx&r4 :7ri ri tr•! STATE OF NORTH CAROLIN A COUNTY OF BRUNSWICK IN THE IMATTE'R OF ASSESSMENT OF CIVIL PFNALTIES SUNSET OAKS, LLC TO: Lieutenant George West Brunswick County Sheriffs Office DEPARTMENT OF F,NVIR0NMF.NTAI. QUALITY CASE NO. PC-2018-0008 NOTICE OF SERVICE YOU ARE I IEREBY REQUESTED to serve the attached documents in the above entitled action to the individual listed below: 1,171liam F. Taylor, Sr. Sunset Oaks, LLC 7290-0' ) Beach Drive SW Ocean Isle Beach, NC 28469 This the J?j -dayof janUaCV 2019. 1 By: Alaina Morman NC Division of Energy, Mineral and I,and Resources 1612 Mail Service Ccuter Raleigh. NC 27699-1612 (919) 707-9236 Hall, Christine From: Hall, Christine Sent: Friday, January 11, 2019 4:58 PM To: 'WFR' Cc- Gott Georgette; 'Bob Frazier; :Allen Cobio,r' 'rlohhie Joyner'; Morman, Alaina Subject: RE: Address Correction: RE: [External] SW8 970515 '!hank you! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Conir�wv-� .-.'J3fr i-•::�rre fi)v;':i;'c?r:,�' iC,?'.:�'r� '%T ylt`i ,".rC'r:,"_ :� �..:1" � :�C �? .:� r;_ ./ ?- di ,.'.7 aC i0 a1°rc From: WFR <wfr37@atmc.net> Sent: Friday, January 11, 2019 4:08 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>: 'Bob Frazier' <bfra30hotmail.com>;'Allen Cobler' <RACPRC@centurylink.net>; 'Debbie Joyner' <debjoyner404@gmai1.com>; Morman, Alaina <alaina.morman@ncdenr.gov> Subject: Address Correction: RE: [External] SW8 970515 you verified. Send all suspicious email as an attachment to Correction! I transposed Mr. Taylor's street number. It is 7290-3 and the adjacent WFT Property office is 7290-4. 1 regret and apologize for the inconvenience. Fred Robertson Sunset Oaks Garden Homes 910-575-4565 From: WFR [mailto:wfr370atmc.net] Sent: Friday, January 11, 2019 1:30 PM To: 'Hall, Christine' Cc: 'Scott, Georgette'; 'Bob Frazier; 'Allen Cobler; 'Debbie Joyner'; 'Morman, Alaina' Subject: RE: [External] SW8 970515 The address for Sunset Oaks, LLC and Manager William f. Taylor, Jr. is still the same address you have you uses for past correspondence to Mr. Tay or. It is: 7920-3 Beach Drive SW, Ocean Isle Beach, NC 28469. His WFT Properties also occupies 7920-4 as indic,-gad by the name on the door. Mr. Taylor has 'Sandbagged' this issue and NCDEMR for many years and delivery of the Enforcement Package by The Sheriff's office may be the only alternative for its delivery. Thank you for continuing this effort. Fred Robertson Sunset Oaks Garden Homes 910-575-4565 From: Hall, Christine[ma ilto: Christine. Hall 0) ncden r. gov] Sent: Thursday, January 10, 2019 8:39 AM To: WFR Cc: Scott, Georgette; 'Bob Frazier'; 'Allen Cobler'; Debbie Joyner; Morman, Alaina Subject: RE: [External] SW8 970515 Once the enforcement package is sent to Raleigh, they handle it from there. After I received your email, I contacted Alaina Morman (cc'ed) who is handling the enforcement case. She reported that the package sent via certified mail was returned. Do you happen to have a better address for the permittee? If not, she will work on getting the sheriff to deliver the package to the permittee. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall(c),ncdenr.ciov 127 Cardinal Drive Ext. Wilmington, NC 28405 _'arcl:'naPul)IIC,4'E:'Q/'iiSl.aUdvYs J7)L:j/ t6 ,%-,., i'S:;''!):IG� From: WFR <wfr37@atmc.net> Sent: Wednesday, January 09, 2019 4:36 PM To: Hall, Christine <Christine.Hall @ncdenr.gov> Cc: Scott, Georgette <georpette.scott@ncdenr.gov>; 'Bob Frazier' <bfra3@hotmail.com>; 'Allen Cobler' <RACPRC@centurylink. net>; Debbie Joyner <debioyner404@Rmail.com> Subject: RE: [External] SW8 970515 External PI Ail nn not rlick ion acF:= iffed. Send all suspicious email as an,ft;1 ' Hall, Christine From: Sent: To: Cc: . Subject: ail. Llaa not WFR <wfr37@atmc.net> Friday, January 11, 2019 1:30 PM Hall, Christine Scott, Georgette; 'Bob Frazier'; 'Allen Cobler.: 'Debbie Joyner'- Morman, Alaina RE: [External] SW8 970515 unless youventipd. Send all suspiclous.emaii•.as on�� mht to �p _1. The address for Sunset Oaks, LL.0 and Manager William f. Taylor, Jr. is still the same address you have you usrud for past correspondence to Mr. Taylor. It is: 7920-3 Beach Drive SW, Ocean Isle Beach, NC 28469, His WFT Properties also occupies 7920-4 as indicated by the name on the door. Mr. Taylor has 'Sandbagged' this issue and NCDEMR for many years and delivery of the Enforcement Package by The Sheriff's office may be the only alternintive for its delivery. Thank you for continuing this effort. Fred Robertson Sunset Oaks Garden Homes 910-575-4565 From: Hall, Christine[mailto:Christine.Hall@ncdenr.gov] Sent: Thursday, January 10, 2019 8:39 AM To: WFR Cc: Scott, Georgette; 'Bob Frazier'; 'Allen Cobler'; Debbie Joyner; Morman, Alaina Subject: RE: [External] SW8 970515 Once the enforcement package is sent to Raleigh, they handle it from there. After I received your email, I contacted Alaina Morman (cc'ed) who is handling the enforcement case. She reported that the package sent via certified mail was returned. Do you happen to have a better address for the permittee? If not, she will work on getting the sheriff to deliver the package to the permittee. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources - State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 �??7dif t^.CFlii'5;:�"�' �' ~ �� F' ;r. r1.yn.• or;:h.� +. Ai From: WFR <wfr37@atmc.net> Sent: Wednesday, January 09, 2019 4:36 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; 'Bob Frazier' <bfra3@hotmail.com>; 'Allen Cobler' <RACPRC@centurylink.net>; Debbie Joyner <debjoyner404@gmail.com> Subject: RE: [External] SW8 970515 We have not received any further communication regarding the status of the enforcement packog. that wa.s signed or. August 31, 2018. Was this actually mailed to Mr. William Taylor? If so, did he reply? What is the next step in th- enforcement procedure? We understand those of you involved in the State Storm Water program have been unusually busy with the high volume of damaging storms we experienced in our State and our area in 2018. However, we sure would like the Storm Water Violation issues with Mr. Tayor's Company involving our general area resolved soon. As you know, His Company Sunset Oaks, LLC, has been in Violation of State Storm Water Permit #970515 since 2008. Fred Robertson Sunset Oaks Garden Homes 910-575.4565 From: Hall, Christine[ma ilto:Christine. Hall@ncdenr.gov] Sent: Friday, September 07, 2018 12:31 PM To: WFR Cc: Scott, Georgette; Bob Frazier; Allen Cobler Subject: RE: [External] SW8 970515 Mr. Robertson, The enforcement package was signed on August 31'. The HOA (via PO Box 6036) was cc'ed on the package and should have received a copy or will be receiving one in the next few days. In the meantime, I have attached pdfs of the package that was sent to me by the folks in Raleigh. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources - State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall(a) ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Em;: it corr :.�-o- ; .; _ ::cc to ;;r cfiorr iiris cddre5s is svbj-u to :ire cS 1 %','! 4;'1G .'';1—v !3 di C.`nf'':C i thh . 2 From: WFR <wfr37@atmc.net> Sent: Friday, September 07, 2018 9:31 AM To: Hall, Christine <Christine. Ha ll@ncdenr.gov> Cc: Scott, Georgette <georgette.scott@ncdenr.eov>; Bob Frazier <bfra3@hotmail.com>; Allen Cobler <RACPRC@centurylink.net> Subject: [External] SW8 970515 Your email of June 06, 2018 stated the Enforcement Documents were in the process of being prepared. Since then we have not received any further information nor been advised of any actual enforcement action by NCDEMLR. Request you let us know of any further progress and when NCDEMLR expects to achieve further progress. Thank You, Fred Robertson Sunset Oaks, Sunset beach, NC 910-575-4565 Virus -free. wvru,.avQ,eom Ener qy, :Uhera, Lend Resourres Fn*4VIF',A1 NJ(At. WAUTY August 31, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70092250000080873508 William F. Taylor, Sr. Sunset Oaks, LLC 7290-03 Beach Drive SW Ocean Isle Beach, NC 28469-5435 SUBJECT: Assessment of Civil Penalties Sunset Oaks, LLC Brunswick County Case No. PC-2018-0008 Dear Mr. Taylor: ROY COOPER MICHAEL S. REGAN WILLIAM E. (TOBY) VINSON, JR. This letter transmits notice of a civil penalty assessed against Sunset Oaks, LLC in the amount of $24,492.00, which includes $2,492.00 in investigative costs. Attached is a copy of the assessment document explaining this Penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environmental Quality (DEQ). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty (30) calendar days of receipt of this notice, you must do M, of the following three options: 1. Submit payment of the penalty, OR 2. File a request for remission of civil penalties, OR 3. File a written petition with the Office of Administrative Hearings. Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of these documents will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. These options are detailed below: Payment should be .made to the order of the Department of Environmental Duality (DBOI. Please include the Case No. PC-2Q18-0008 on your check or money order. Noth1ng Compares RX-C ZJ twfi:r y;,i.Frt 11.1:4'i"4313101:.1l04&1 i LW-4iIV, hlhi r-XA ,mwLvtCi ,vlucz� 1:3'ti.4zli5tlat� 9 litrak ir12 l,t�1 s y f�'�= C ri..r 1 R in:O,. Ntti ai11 .a: afkF-� h ;:r .lair Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Payment must be sent within 30 calendar days of receipt of this notice to the following: Annette Lucas DEMLR Stormwater Program 512 N. Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 Option 2 - File a request for remission of civil penalties: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not be processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached "Waiver of Right to an Administrative Hearing and Stipulation of Facts" and the attached "Justification for RemissionRequest" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S.143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. For this option you must file your request for remission of civil penalties within thirty (30) calendar days of receipt of this notice. Submit this information to the following: Annette Lucas DEMLR Stormwater Program 512 N. Salisbury Street 1612 Mail Service Center Raleigh, NC 27699-1612 Option 3 - File a written petition with the Office of Administrative Hearings: This decision can be contested as provided in General Statute 15OB-22 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (OAH) within thirty (30) calendar days of your receipt of this notice. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Ifsending via U.S. Postal Service. If sending via delivery service (UPS, FedE`x, etc.) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to the Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality (DEQ) 1601 Mail Service Center Raleigh, NC 27699-1601 The violations addressed by this assessment and any impacts to waters must be abated and properly resolved. You are encouraged to contact.Christine Hall with the DEMLR Wilmington Regional Office at (910) 796-7335 if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for future; continuing, or other violations beyond the scope of this specific assessment. If you have any questions, please see the following website: httns://d t1�r F,a_v- a itt[divisi n ner y-m►n�,ra1-Iand�T 5 � c i�r e-inc��strial-'a rmx: n '—r or contact Alaina Morman at (919) 707-9236 or Annette Lucas at (919) 707-3639. Sincerely/ ,(WUlt to E. (Toby) Vinson, Jr. Division of Energy, Mineral and Land Resources ATTACHMENTS cc: georgette Scott, Christine Hall - WiRO - via Email Sunset Oaks Homeowners Assoc.; PO Box 6036; Ocean Isle Beach, NC 28469-0036 - File Copy Stormwater Program - File Copy JUSTIFICATION F-QR REMISSION REQUEST Assessed Party: Sunset Oaks, LLC DEMLR Case Number: PC-2018-0008 County: Brunswick Permit No. (if applicable): SW8970515 Amount Assessed: $24,492.00 Please use this form when requesting remission of this civil penalty. You must also complete the "west For Remission. Waiver of_R qht to an Administrative Hearing and Stipulation o Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S.143B-282.1(bl were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps thatyou took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or somethingyou could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations (i.e., explain if previous violations have resulted in you being assessed civil penalties); (e) payment of the civil penal will prevent payment -for -the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will preventyou from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as ece sarvl: STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SUNSET OAKS, LLC ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. P-2018-0008 Having been assessed civil penalties totaling $24,492.00 for violation(s) as set forth in the assessment document of the Director of the Division of Energy, Mineral and Land Resources dated August 31, 2018, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Energy, Mineral and Land Resources within thirty (30) calendar days of receipt of the civil penalty assessment No new evidence in support of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil penalty assessment This day of ADDRESS TELEPHONE 20 NAME (printed) SIGNATURE NORTH CAROL NA DIVISION OF ENERGY,_MINERAL& LAND RESOURCES Violator: Sunset Oaks, LLC Project Name: Sunset Oaks, LLC County: Brunswick Case Number: PC-2018-0008 Permit Number: SW8970515 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Failure to maintain measure in appropriate working order, leading to diminished volume and possible short circuiting of measure, can reduce or eliminate the intended function of the measure which is to improve water quality runoff into waters of the state. 2) The duration and gravity of the violation; permit expired in 2007 4 now missed two renewals (8 year permit cycles) operation and maintenance 4 at least since 1999 when SCM was certified documenting maintenance -) also since 1999 when SCM was certified response rate 4 responded once in 2017, 4 other Notices received no response 3) The effect on ground or surface water quantity or quality or on air quality; Since no maintenance has been performed, the SCM is not functioning at optimal standards. The vegetation in and around the infiltration basin is overgrown. DEMLR staff couldn't properly evaluate the basin because of the vegetation. System includes: flow separator, vegetated filter strip, catch basin, monitoring well, and two manholes. 4) The cost of rectifying the damage; clear and grub basin; getting a backhoe onsite to dip out and reshape the basin back to original specs; seeding and permanent stabilization; ensure piping/conduits still functional; ensure inlet structure and flow spreader meet original specs infiltration basin size: -240 ft long by -40 ft wide;16,964 ft3 capacity 5) The amount of money saved by noncompliance; renewal fees x2 at $505.00 = $1,010 the cost of restoring the system to original design specs = $25,000 to $30,000 6) Whether the violation was committed willfully or intentionally; Every notice was received and all but one were completely ignored. The owner knew what was required in terms of maintenance and failed to do it. This evidence points to intentional disregard. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The violator does not have a prior record. 8) The cost to the State of the enforcement procedures. $2,49257 At4a�Ac-� *It. -) f '0 Date Div. of Energy, Mineral & Land Resources STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK IN THE MATTER OF ) SUNSET OAKS, LLC } FOR VIOLATIONS OF ) 15A NCAC 02H. 1045(3), ) 15A NCAC 02H. 1 008(i), AND ) CONDITIONS OF PERMIT ) NO. SW8970515 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY CASE NO. PC-2018-0008 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statutes (hereby known as G.S.) 143-215.6A, I, W. E. Toby Vinson, Jr., of the Division of Energy, Mineral and Land Resources (hereby known as DEMLR), make the following: I. FINDING OF FACT A. Sunset Oaks, LLC is a company organized and existing under the laws of the State of North Carolina. B. Sunset Oaks, LLC is the owner of record of the stormwater control measure for Sunset Oaks Condominiums, located on Sunset Oaks Lane in Brunswick County, North Carolina. C. Sunset Oaks, LLC was issued Stormwater Management Permit No. SW8970515 on September 23, 1997 for a high density stormwater project. D. A permit shall be required for development activities that are subject to any of the post -construction stormwater management programs in accordance with Title 15A North Carolina Administrative Code (hereby known as NCAC) 02H .1001(3). E. Two formal renewal request letters were sent on June 6, 2007 and September 26, 2016. DEMLR file review revealed that an application for renewal has not been received nor has a renewal been issued. F. Title 15A NCAC 02H .1045(3) requires applications for renewals be submitted a minimum of 180 days prior to the permit's expiration date. G. On October 1, 2007, June 6, 2008, December 16, 2008, March 10, 2015, July 20, 2017, September 21, 2017, and June 8, 2018, DEMLR staff inspected the site. At each inspection, DEMLR observed the. stormwater control had not been properly maintained as evidenced by the overgrown vegetation in and around the infiltration basin. SUNSET OAKS, LLC BRUNSWICK County Page 2 of 5 H. Title 15A NCAC 02H .1008(i) requires development to be maintained consistent with the requirements in the operation and maintenance plan and the original plans. I. Condition II.2 of Permit No. SW8970515 requires the permittee to follow the approved operation and maintenance plan in its entirety to assure the permitted stormwater system functions at optimum efficiency. On December 5, 2016, DEMLR staff issued a notice to the permittee requesting copies of maintenance records and a written response. No written responses have been received. K. Condition 1I.3 of Permit No. SW8970515 requires records of maintenance activities be kept and made available upon request. L. On June 10, 2008, DEMLR Wilmington Regional Office issued a Notice of Violation and Recommendation for Enforcement (NOVRE). DEMLR records indicate Sunset Oaks, LLC received the NOVRE on June 12, 2008. No written response was received and the violations were not resolved. M. On January 5, 2009, DEMLR Wilmington Regional Office issued an NOVRE. DEMLR records indicate Sunset Oaks, LLC received the NOVRE on January 7, 2009. No written response was received and the violations were not resolved. N. On April 28, 2017, DEMLR Wilmington Regional Office issued a Notice of Deficiency (NOD). Mr. Forrest Taylor, a relative of Mr. William Taylor (the manager of Sunset Oaks, LLC), called on May 8, 2017 in response to the NOD. O. On July 27, 2017, DEMLR Wilmington Regional Office issued a Notice of Violation (NOV). DEMLR records indicate Sunset Oaks, LLC received the NOV on August 7, 2017. No written response was received and the violations were not resolved. P. On November 2, 2017, DEMLR Wilmington Regional Office issued an NOVRE. DEMLR records indicate Sunset Oaks, LLC received the NOVRE on November 6, 2017. No written response was received and the violations were not resolved. Q. Condition I.7 of Permit No. SW8970515 requires the permittee to submit a written response when notified that the site does not meet one or more of the minimum requirements of the permit. R. Stormwater from the subject site drains to the Intracoastal Waterway, Class SA; HQW waters within the Lumber River Basin. SUNSET OAKS, LLC BRUNSWICK County Page 3 of 5 S. The cost to the State of the enforcement procedures in this matter totaled 2 492.57. Based upon the above Finding of Fact, I make the following: II. CONCLUSION OF LAW A. Sunset Oaks, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4). B. The Intracoastal Waterway located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6). C. Sunset Oaks, LLC violated Title 15A NCAC 02H .1045(3) by failing to apply for the renewal of Permit No. SW8970515. D. Sunset Oaks, LLC violated Title 15A NCAC 02H .1008(i) by failing to maintain the development consistent with the requirements in the operation and maintenance plan and the original plans. E. Sunset Oaks, LLC violated Condition 11.2 of Permit No. SW8970515 by failing to follow the approved operation and maintenance plan in its entirety to assure the permitted stormwater system functions at optimum efficiency. F. Sunset Oaks, LLC violated Condition II.3 of Permit No. SW8970515 by failing to document maintenance activities and make them available upon request. G. Sunset Oaks, LLC violated Condition I.7 of Permit No. SW8970515 by failing to submit a written response when notified that the site doesnot meet one or more of the minimum requirements of the permit. H. Sunset Oaks, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G. S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. I. Sunset Oaks, LLC may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(6) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who sUNsr• r OAKS, LLC BRUNSW ICK C ountp llagw4of5 violates a rule of the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k). The State's enforcement cost in this matter may be assessed against Sunset Oaks, LLC pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). K. Toby Vinson, Interim Director of the Division of Energy, Mineral, and Land Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality, has the authority to assess civil penalties in this matter. Based upon thu above bindings of Fact and Conclusions of Law, I make the following: III. DECISION Accordingly, Sunset Oaks, LLC is hereb) assessed a civil penalty of. a_ �. '- for violation of Title 15A NCAC 02H .1045(3) 10 �o . `-' - for violation of Title 15A NCAC 02H .1008(i) and Condition 11.2 of Permit No. SW8970515 $ Qpo..00 for violation of Condition II.3 of Permit No. SW8970515 7 OCO , wo for violation of C'undition I.7 of Permit No. SW 8970515 TOTAL CIVIL, PENALTY, authorized by G.S. 143-215.6A Enforcement Cost $ ''[ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c). in determining the amount of penalty, I considered the factors set out in G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations. (2) The duration and gravity of the violations. (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectif)'ing the damage: (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; S1"N;SLIT) IIAS. 1 ILL ' H.'ZUN.S%X ICI: (,went; Pape 5 if 5 (7) The prior record of the violator in complying or failing to compl) with programs over which the Environmental Management Commission has regulatory authority; and (8) 1-he cost to the State of the enforcement procedures Date William F. (Toby) Vinson, Jr. t."jo Div. of Energy, :Mineral & Land Resources 4/18/2019 Approximate Location of Photo a Direction of Photo moo- 2-1 Y Sa�rr 5ATj --50 SAµY&6ZI AH6R . • c •H 11 �_ __ R �. — fAllle�ilWYMI. leM ATEDI A searorsM u�r WAS r • p• •»ra um � .w enec* Location: Taken approximately in the middle of the single access road into the development, near 302 Sunset Oaks Lane. Direction: Looking west, toward the SCM 1 4/18/2019 Location: Taken closer toward the end of the street, near 402 Sunset F' Oaks Lane. Direction: Looking west. toward Location: Taken at the end of the street. Direction: Looking west, toward the SCM Taken: June 8, 2018 Photo Name: SANY6639 2 4/18/2019 Location: Taken halfway between the street and the SCM. Direction: Looking west, toward the SCM Taken: June 8, 2018 Photo Name: SANY6640 Location: Taken halfway between the street and the SCM. Note the septic fields beyond the trees in the center, as evidenced by the white PVC pipes in the ground. Direction: Looking southwest, toward the southern half of the SCM. Taken: June 8, 2018 Photo Name: SANY6641 3 4/18/2019 Location: Taken halfway between the street and the SCM. Note the septic fields beyond the trees in the center, as evidenced by the white PVC pipes in the ground. Direction: Looking northwest, toward the northern half of the SCM. Taken: June 8, 2018 Photo Name: SANY6642 Location: Taken just east of the SCM at the southern end of the SCM, near the septic fields. Note the septic fields are evidenced by the white PVC pipes in the ground. Direction: Looking north, along the eastern edge of the SCM. Taken: June 8, 2018 Photo Name: SANY6653 rd 4/18/2019 Location: Taken just east of and approximately in the middle of the SCM. Direction: Looking north, along the eastern edge of the SCM. Taken: June 8, 2018 Photo Name: SANY6650 Location: Taken just east of and approximately in the middle of the SCM. Direction: Looking southwest. Taken: June 8, 2018 Photo Name: SANY6643 5 4/18/2019 Location: Taken just east of and approximately in the middle of the SCM. Direction: Looking northwest. Taken: June 8, 2018 Photo Name: SANY6644 Location: At the edge of the vegetation, approximately in the middle of the SCM. Direction: Looking west, into the SCM. Taken: June 8, 2018 Photo Name: SANY6645 4/18/2019 Location: At the edge of the SCM and approximately in the middle of the SCM. Note standing water was found in the depression as evidenced by ripples and the reflection. Direction: Looking west, into the SCM. Taken: June 8, 2018 Photo Name: SANY6648 7 .735N713 r_ IN--- EO j V6. 92ME41.w via atilt CL LU 7K O d L Q le; 't j r �tr i o gh to c � O a C `c� (f °) w Ln M 0 N V �z *i 7 4 'J c st i Wr i { r i liol, , -A ", , 111j, I. �-k Attachment 1 History Sunset Oaks Permit No. SW8 970515 Date Date Action Details Sitettisit? Expired Needs Provide i+Mamlenance to maintenance? Reetirds� respond? 9/23/1997 Original Approval HD development Permit expiration date: 9/23/07 10/1/1999 Certification by J. Phil Norris, PE No deviations noted 6/6/2007 Letter requesting Renewal y 9/23/2007 Permit Expires 10/1/2007 Site Inspection and Report by Pat Durrett Y Y Y 6/6/2008 Follow-up Site Inspection by Pat Durrett (.unclear) 6/10/2008 NOVRE by David Cox Y Y NOV-2008-PC-0396 12/16/2008 Follow-up Site Inspection by Angela Hammers Y 1/5/2009 Second NOVRE by Angela Hammers Y Y 3/10/2015 Complaint Inspection by Jean Conway Y Second letter requesting 9/26/2016 Renewal by Christine Hall Y File Review Inspection / 12/5/2016 Notice of Inspection Christine Hall Y Y Y Y Follow-up File Review by Christine Hall 4/28/2017 Inspection / NOD NOD-2017-PC-0155 Y Y Y Y Mr. Forest Taylor, a relative of Mr. William Taylor (the manager of Sunset Oaks LLC), called indicating he would follow up on this. 5/8/2017 However, no plan of action or further communication was received. 7/20/2017 Site Inspection by Creighton Brown Y by Christine Hall 7/27/2017 Notice of Violation NOV-2017-PC-0516 Y Y Y Y 9/21/2017 Follow-up Site Inspection by Creighton Brown Y 11/212017 NOVRE by Christine Hall u Y Y Y 6/8/2018 Follow-up Site Inspection lByConnerMusial Y Page 1 of 1 Compliance Inspection Report Permit: SW8970515 Effective:0,2123197 Expiration: 09i23/07 Project: Sunset Jaks Owner: Sumet Oaks LLC CoLsnty: Bruns;vick Adress: Seaside Rd Reg an: kViimington City/State/Zip: Ocean Isl Bch NC 2846C. Contact Person: kVilliam Taylor Title: Phone: Directions to Project: V;est rMe of .<R 1162 (Seaside Road) Type of Project: State Stc mvl a+.�r - 4ifi.1tration System Drain Areas: 1 - On -Site, Rep?csentative(s): Related Permits: Inspection Dote: 0G:38/2018 Entry Time: 12:50PM Exit Time: 01:10PM Primary Inspector: Connor Musial Secondary Inspector(s): Christine A Will Phone: Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: State Ste mwater Facility Status: ❑ Compliant 10 N©I Compliant Question Areas: ■ State stormwater (See attachment summary) page: 1 Permit: FV.SC7C:i15 Owner - Project £.is.isetO;:4sLLC Insp,c'•aon Date: Ni(?.!20 ;8 Inspection l?:pe Ccmpf3nca Evaluation Reason for `rsit; Follr• up 'P.spection Summary: To correct these violations, the `ollov-dng dust be accomplished: 1. Submit une required renei.�,al appHoation and the associated processing ices to renew ti':is piojEct f dn; a and bring it into an active status. 2. f:1e.'n' it the system par tic approved mai ntenEnce agreement and approved plans. 3. Provide copies of the maintenance records b demonstrate the sto: rlwater system has be: r. maintained. File Review Yes No NA NE Is the permit _: Jtivo? ❑ ❑ ❑ Signed copy of the €engineer's cErtific.tion is i-i tt,e i;+:m ? ❑ ❑ ❑ Signed cop; of the Ope •otion & Maintenance Agreement i- in the file? ® ❑ ❑ ❑ Copy of the record der -A restrictions i� in the file? ❑ ❑ ❑ Comment: The poi mit expired on Septcrnber 23, 2007. Two renev.,als are required to brinq it back to an active _ status. SW Measures Yea No NA NF Are the SVV measures constructed as per the approved plans? ❑ ❑ ❑ ■ Are the inlets located per the approved plans? ❑ ❑ ❑ 0 Are the cutlet r.tructures Ioc :ted per the approved plans? ❑ ❑ ❑ Comment: Access to the SCM was limited by overgrov,: n vegetation Operation and Maintenance im No NA Ar, the SW measures being maintained and operated us per the permit requirements? ❑ M ❑ ❑ Ara the SW 2MP inspection and main`-nance records complete and available for review or provided to ❑ ■ ❑ ❑ DWQ upon request? Comment: The site inspection found that the system has not been maintained due to overgrown veaetat�on and visable standino water. Inspection and maintenance records have not been p 'ovided as previously requested. Other Permit Conditions Yes No NA NE Is the site compliant with o'her conditions of the permit? ❑ A ❑ ❑ Comment: A written response to the previous requests and notices of inspection have not been suhmitted to the Division within the time`.rames provided. page: 2 Scott, Georgette From: Hall, Christine Sent: Thursday, June 07, 2018 10:52 AM To: Scott, Georgette Subject: FW: [External] SW8 970515 Sunset Oaks FYI — Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 916 796 7215 office 910 798 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Emad correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to thiid parties. From: WFR [maiito:wfr37@atmc.net] Sent: Thursday, June 07, 201810:38 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: RE: [External] SW8 970515 Sunset Oaks Thank you for the progress report and the additional information. It is my understanding any violations of the Storm Water Permit that impede the proper drainage of storm water, thus endangering any affected water quality and surrounding properties would come under the jurisdiction of the issuing Agency. I also understand local Government has Storm Water drainage responsibility not covered by a Storm Water Permit or superseded by other Government Regulations. If my understanding is not correct, please let me know. We are pleased to know the appropriate enforcement documents are in process and we look forward to the required correction . Fred Robertson Sunset Oaks Garden Homes HOA 910-575-4565 From: Hall, Christine fmailto:Christine. Hall (a ncdenr.aov] Sent: Wednesday, June 06, 2018 4:22 PM To: WFR Hall, Christine From: Hall, Christine Sent: Wednesday, June 06, 2018 4:22 PM To: 'WFR' Cc: Scott; C;PnrgPtte; Bob Frazier, Allen Cobler, Rosie Bryant Subject: RE: [External] SW8 970515 Sunset Oaks Mr. Robertson, Thank you for your email and your concerns. The enforcement documents have been in the process of being drafted and prepared. Your email expresses concerns about the frequent rains and the potential for severe hurricanes. I'm sorry to report that the State Stormwater program has no jurisdiction over the quantity of water. The purpose of the state stormwater program is to protect the quality of water. Once a rainfall event exceeds the design storm (1.5 inches of rain), the effects of that rainfall are outside the jurisdiction of the state. The local government has jurisdiction over the quantity of water (flood control). Knowing the age of this development, I suspect that Brunswick County wasn't looking at the effects of the quantity of water back then. But you are welcome to contact Brunswick County to confirm. I believe the point of contact is Brigit Flora (brigit.flora@brunswickcountync.gov). Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 to a;3L, r� ; r rti5' i::; ..1 mall b,r .'.'" ..n.`:.! + • .:fi F From: WFR [mailto:wfr37@atmc.net] Sent: Wednesday, June 06, 2018 3:07 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; Bob Frazier <bfra3@hotmail.com>; Allen Cobler <RACPRC@centurylink.net>; Rosie Bryant <tolodia@aol.com> Subject: [External] SW8 970515 Sunset Oaks With the frequent rain we have recently experienced and potential severe Hurricanes, the Failure of your office of NC DEMLR has comprised the Safety of the twenty eight homes on the Sunset Beach(West) side of Seaside Road. This is even further compromised by the Weather prediction of a larger number of Hurricanes than normal for this year. The several years of Failure(Approximately Ten) of your office to inforce the applicable Laws and Regulations is inexcusable. What needs to be done to get your office to fulfill its responsibility? Fred Robertson Sunset Oaks 910-575-4565 North Carolina Secretary of State Search Results Page 1 of 1 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form Limited Liability Company Legal Name Sunset Oaks, L.L.C. Information Sosld: 0426675 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 5/9/1997 Fiscal Month: December Registered Agent: Taylor Sr, William F Addresses Mailing 7290-03 Beach Dr SW Ocean Isle Beach, NC 28469-5435 Reg Office 7290-03 Beach Dr Sw Ocean Isle Beach, NC 28469-5435 Company Officials Principal Office 7290-03 Beach Dr SW Ocean Isle Beach, NC 28469-5435 Reg Mailing 7290-03 Beach Dr Sw Ocean Isle Beach, NC 28469-5435 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member William F Taylor , Sr 7290-03 beach dr sw Ocean Isle Beach NC 28469 https://www.sosne.gov/online_services/search/Business_Registration—Results 4/9/2018 Hall, Christine From: Hall, Christine Sent: Friday, March 23, 2018 10:56 AM To: 'WFR' Cc: Scott, Georgette; Bob Frazier; Allen Coble Rosie Bryant Subject: RE: [External] SW8 970515 Permit Mr. Robertson, I have not forgotten about this project. It is at the top of the stack of projects needing follow-up actions. As soon as I can, I intend on putting together the enforcement package. However, please note that the enforcement process does take time. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email 10 ?!l'i iiC.'R th(S a dl&SS iS SUbjecf 'o the in; , .. l! � !' It From: WFR [mailto:wfr37@atmc.net] Sent: Friday, March 23, 2018 9:54 AM To: Hall, Christine <Christine.Hall @ncdenr.gov> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; Bob Frazier <bfra3@hotmail.com>; Allen Cobler <RACPRC@centurylink.net>; Rosie Bryant <tolodia@aol.com> Subject: [External] SW8 970515 Permit P Externat email. Do not Click links or open attachments unless verified. Send all suspicious email as an attachment to I am not aware of any response or positive action from Mr. Taylor, Sunset Oaks, LLC regarding renewing the Storm Water permits and correcting the deficiencies cited in your several letters to him from September 26, 2016 to November 2, 2017. Based on the fact that your office has not pursued enforcement after several letters to Sunset Oaks, LLC, it appears Mr. Taylor is comfortable in the fact or at least strongly believes your office doesn't actually plan or is unable to pursue the needed enforcement action. Do I need to contact the State Office to provide your office the needed assistance to accomplish this needed correction? Twenty months is a very long time to tread lightly on an issue this important. Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY November 2 2017 s Complete items 1, 2, ano s. ■ 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, — nn +hp front if space permits._ i �- CERTIFIED MAIL #7013 2631 ��` RETURN RECEIPT REQUES�I�I n �5 S Sunset Oaks, LLC Atkin: William Taylor, Sr, Manager 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: 11111111111111111111111111111111111111111111 NOTICE OF , PS Foi NOV-2017-PC-0'jio- Sunset Oaks Stormwater Permit No Brunswick County Dear Mr. Taylor: SW8 970515 delivery address below ❑ UBrtltlad Mail Resttcted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery n rnnured Mail This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to apply for and secure a renewal of Stormwater Management Permit SW8 970515, which expired on September 23, 2007 and for failure to operate and maintain the permitted stormwater system. ❑ signature ConfinnationTm p signature Cordimration Resticted Delivery Domestic Return Receipt On September 21, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) performed a follow-up inspection to determine the status of compliance with Stormwater Management Permit SW8 970515, which was issued to you on September 23, 1997 for Sunset Oaks, located at Sunset Oaks Lane, Sunset Beach, Brunswick County, North Carolina. Prior to this inspection, this site had been previously inspected and issued a request for renewal on September 26, 2016, a Notice of Inspection on December 5, 2016, a Notice of Deficiency on April 28, 2017, and a Notice of Violation on July 27, 2017. As a result of the site inspection and DEMLR file review, the following violations are noted: I. Failure to Renew State Stormwater Permit 15A NCAC 2H .1003(h)(2) effective September 1, 1995 as subsequently amended by 15A NCAC 2H.1045(3) effective January 1, 2017 (the stormwater rules) requires that you submit a nlication and the associated processing fees 180 days prior to the expiration . it expired in 2007, two 8-year renewals and two processing Ipject to an active status as demonstrated below. ru 231 2007. A 3, 2007 + 8 years = September 23, 2015 r 23, 2015 + 8 years = September 23, 2023 ri Postage ru t;ertifted Fee 0 Retum Receipt Fee Postmark p (Endorsement Required) Here I3 Restrlde4 DeliveryFee O (Endorsement Required) m —0 Total Postage & Fees ru t,R has not received the renewal applications necessary to 70515 to an active status. t a Stormwater Manaeement Permit ,ordance with G.S. 143-214.7, requires a State Stormwater Gent activities within the 20 coastal counties that require a AMA) Major Permit or an Erosion and Sedimentation Control ile review confirms that a valid, active State Stormwater ;fined prior to the expiration of Stormwater Permit SW8 970515. ivironrnental Quality 1 Energy, Kneral and Land Resources b 1127 Cardinal Drlve Extension I Wilmington, NC 28405 910 796 72JS I pl�'USP �iIN��Id�V 9D_1402 3412 7227 7967 2 United tes ",� F Postal .� '� _ cm CV U p� �Q N O ie p 0mo Z N`1 3C) r_ Noy 08 your name, First -Class Mail postage & Fees Paid 'e. G-10 ?0t1? NC DEQ/DEMLR Stormwater Section 127 Cardinal Drive Extension Wilmington, NC 28405 fill) li3llllrlir�4��Zzllljll. Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ' ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a LISPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the rrailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 box• ROV, COOPER Governor MICHAEL S. REGAN Secretary Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY November 2, 2017 CERTIFIED MALL #7013 2630 00021134 2519 RETURN RECEIPT REQUESTED Sunset Oaks, LLC Attn: William Taylor, Sr, Manager 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION and Recommendation for Enforcement NOV-2017-PC-0516 Sunset Oaks Stormwater Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: TRACY DAVIS Director This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to apply for and secure a renewal of Stormwater Management Permit SW8 970515, which expired on September 23, 2007 and for failure to operate and maintain the permitted stormwater system. On September 21, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) performed a follow-up inspection to determine the status of compliance with Stormwater Management Permit SW8 970515, which was issued to you on September 23, 1997 for Sunset Oaks, located at Sunset Oaks Lane, Sunset Beach, Brunswick County, North Carolina. Prior to this inspection, this site had been previously inspected and issued a request for renewal on September 26, 2016, a Notice of Inspection on December 5, 2016, a Notice of Deficiency on April 28, 2017, and a Notice of Violation on July 27, 2017. As a result of the site inspection and DEMLR file review, the following violations are noted: I. Failure to Renew State Stormwater Permit 15A NCAC 2H. I 003(h)(2) effective September 1, 1995 as subsequently amended by 15A NCAC 2H.1045(3) effective January 1, 2017 (the stormwater rules) requires that you submit a permit renewal application and the associated processing fees 180 days prior to the expiration date of the permit. Since this permit expired in 2007, two 8-year renewals and two processing fees are necessary to return this project to an active status as demonstrated below. Permit expired on September 23, 2007. First Renewal: September 23, 2007 + 8 years = September 23, 2015 Second Renewal: September 23, 2015 + 8 years = September 23, 2023 As of the date of this letter, DEMLR has not received the renewal applications necessary to return Stormwater Permit SW8 970515 to an active status. II. Failure to Apply For and Secure a Stormwater Management Permit Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit for development activities within the 20 coastal counties that require a Coastal Area Management Act (LAMA) Major Permit or an Erosion and Sedimentation Control Plan. The inspection and DWQ file review confirms that a valid, active State Stormwater Management Permit was not obtained prior to the expiration of Stormwater Permit SW8 970515. State of North Carolina I Environmen.al Quality 1 Energy, Mineral and Land Fksources W:Imington Regional Office 1 127 Cardinal Drive Extension I Vtrlmington, NC 28405 910 796 7215 State Stormwater Permit No. SWS 970515 Nee 2of3 III. Failure to Operate and Maintain the Stormwater System Per Section II.2 of the permit, the perinitl.ee shall provide the operation and maintenance necessary to assure the penrlitted storniwater system functions at optimum efficiency. The recent site inspections found the stormwater system to be so overgrown that the system could riot be properly evaluated. The approved maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals including but not limited to: a. Semiannual scheduled inspections (every 6 months) b. Sediment Removal; c. Mowing and re -vegetation of side slopes; d. Immediate repair of eroded areas; e. Maintenance of side slopes in accordance with the approved plans and specifications; f. Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping; g. Access to the outlet / bypass structure must be available at all times. IV. Failure to Provide Records of Maintenance Activities Per Section I1.3 of the permit, the permittee shall keep records of maintenance activities and make them available upon request by the Division. As of the date of this letter, DEMLR has not received copies of the maintenance records demonstrating that the system has been maintained as requested in the Notice of Inspection dated December 5, 2016, the Notice of Deficiency dated April 28, 2017, and the Notice of Violation dated July 27, 2017. V. Failure to Respond to a Written Request Per Section I.7 of the permit, the permittee shall submit a written time schedule to the Division for modifying the site to meet minimum requirements and shall provide copies of revised plans and certifications demonstrating that the changes have been made. As of the date of this letter, the Division has not received a written time schedule response to the request for renewal dated September 26, 2016, a Notice of Inspection dated December 5, 2016, the Notice of Deficiency dated April 28, 2017, or the Notice of Violation dated July 27, 2017. Required Response This Office requires that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Submit the enclosed renewal application along with the required two (2) processing fees, currently set at $ 5 0 5 each for atotal of $1,010. 2. Provide a written "Plan of Action" which outlines the actions you will take to correct the remaining violations noted in the attached inspection report and a time frame for completion of those actions. Thank you for your immediate attention to this matter. This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. State of North Carolina i Environmental Quality ` Energy, Mineral and land Resources Wlmington Regional Office 1127 Car(nnal Drive Extension I Wilmington, NC 23405 910746 7215 State Stormwater Permit No. SW8 970515 Page 3 of 3 This pffice requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact Georgette Scott at 910-796-7215. Sincerely, ,-`: Tracy Davis, F.E., Director Division of Energy, Mineral and Land Resources GDS/canh: \\\Stormwater\Permits & Projects\1997\970515 HD\2017 11 NOV NORE 970515 Enclosures: Compliance Inspection Report Permit Renewal Application Form cc: Sunset Oaks Homeowners Assoc.; PO Box 6036; Ocean Isle Beach, NC 28469-0036 Annette Lucas, Stormwater Program Manager Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File State of North Carolina I Emimnwnt;d QualRp I Energy. Mineral and Land Resomes Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmingron, NC 28405 910'06 7215 Permit: SW8970515 Project: Sunset Oaks Owner: Sunset Oaks LLC County: Brunswick Region: Wilmington Compliance Inspection Report Effective:09/23/97 Expiration: 09/23/07 Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - On -Site Representatives) - Related Permits. - Adress: Seaside Rd City/State/Zip: Ocean Isl Bch NC 28469 Inspection Date: 1012412017 Entry Time: 11:OOAM Primary Inspector Christine A Hall Secondary Inspector(s): Creighton A Brown Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: M State Stormwater (See attachment summary) Phone: Exit Time: 11:20AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: Sbt'8970515 Owner - Project: Sunset Oaks LLC Inspection Date: 10/2412017 Inspection Type Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: To correct these violations, you must: 1. Submit the required renewal application and the associated processing fees to renew this project twice and bring it into an active status. 2. Maintain the syst• rn per the approved maintenance agreement and approved plans. 3. Provide copies of the maintenance records to demonstrate the stormwater system has been maintained. 4. Submit a written time schedule or plan of action by the due date provided in this letter File Review Yes No NA NE Is the permit active? ❑ E ❑ ❑ Signed copy of the Engineer's cariifcation 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? ❑ ❑ 17 ❑ Comment: The permit expired on September 23, 2007. Two renewals are required to bring it back to an active status. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Yes No NA NE ❑ ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ❑ ❑ Comment: A recent site on 9/21/17 re -confirmed that the stormwater system remains overgrown such that the system could not be Properly evaluated. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ E ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ 0 ❑ ❑ DWQ upon request? Comment: The site inspection found that the system has not been maintained. Inspection and maintenance records have not been vet provided as Previously requested. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ IN ❑ ❑ Comment: A review of the file revealed that a written response has not been received for the September 26 2016 request for renewal, the December 5, 2016 Notice of Inspection. the April 28 2017 Notice of Deficiency, or the July 27. 2017 Notice of Violation within the time frame specified in the requests. page: 2 Hall, Christine From: Scott, Georgette Sent: Thursday, November 02, 2017 2:20 PM To: Hall, Christine Subject: RE: DRAFTED NOV MORE (or NO?E?) - Sunset Oaks, SW8 970515 Looks good. And it is Recommendation not intent. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 !jec; atte.ScottCa7ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 .. `1'.. !. L'':i d5:.5.'�:v.:..e.'l '.. - ':.% u!r(.li :..:1 (t.1.4.' _. „G. ��uJ !S :ii�C,i•'�� nl �:/ , 1�. N:- c;. iOS&II- 10 U1. From: Hall, Christine Sent: Thursday, November 02, 2017 12:24 PM To: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: RE: DRAFTED NOV NORE (or NOIE?) - Sunset Oaks, SW8 970515 Did you get a chance to look at this one? Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall(ccD_ncdenr.gov 127 Cardinal Drive Ext_ Wilmington, NC 28405 Erw,fl wrresp'i. ode!-,"c to cur of { cii, this ' :Jfress is sutject to the Carolina Ptrtlt': 7ecurc;s Law an Fiioly �` r its t1, r^�t:`E°:'3. From: Scott, Georgette Sent: Tuesday, October 24, 2017 4:09 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: Re: DRAFTED NOV NOIRE (or NOIE?) - Sunset Oaks, SW8 970515 I will look at it while you are out and have comments for when you return. Have fun ! From: Hall, Christine Sent: Tuesday, October 24, 2017 2:27 PM To: Scott, Georgette Subject: DRAFTED NOV NORE (or NOIE?) - Sunset Oaks, SW8 970515 I'm sorry to unload a lot on you right before I head out on vacation. As you probably can tell, I'm finally working on several outstanding projects that needed my attention. This is a permit that expired in 2007. The permittee's son called me once after one of the earlier letters with questions but has not submitted a plan of action or any other type of written response. There is one homeowner concerned about how long the compliance process is taking and wondered why it takes so long to issue a boilerplate letter and repeatedly askes for the e-mails to be forwarded to supervisors. The last item sent out on it was a NOV on July 27" where someone did sign for the green card. I drafted a NOV with (Intent or Recommendation?) to Enforce (attached). I'm not clear if there is a difference in those terms or which one I should use here. I also have never elevated a compliance issue to this level so any input is appreciated! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall(&ncdenr.gov 127 Cardinal Drive Ext. Hall, Christine From: Hall, Christine Sent: Tuesday, October 24, 2017 2:28 PM To: Scott, Georgette Subject: DRAFTED NOV NORE (or NOIE?) - Sunset Oaks, SW8 970515 Attachments: 2017 10 NOV_NORE 970515 DRAFT.docx, 2017 10 CEI_BIMS 970515.pdf I'm sorry to unload a lot on you right before I head out on vacation. As you probably can tell, I'm finally working on several outstanding projects that needed my attention. This is a permit that expired in 2007. The permittee's son called me once after one of the earlier letters with questions but has not submitted a plan of action or any other type of written response. There is one homeowner concerned about how long the compliance process is taking and wondered why it takes so long to issue a boilerplate letter and repeatedly askes for the a -mails to be forwarded to supervisors. The last item sent out on it was a NOV on July 27`h where someone did sign for the green card. I drafted a NOV with (Intent or Recommendation?) to Enforce (attached). I'm not clear if there is a difference in those terms or which one I should use here. I also have never elevated a compliance issue to this level so any input is appreciated! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 r Not hint' Ste~-:..".a�� fE •.._ Hall, Christine From: Hall, Christine Sent: Tuesday, September 19, 2017 3:07 PM To: Creighton A Brown (creighton.brown@ncdenr.gov) Subject: Sunset Oaks - SW8 970515 Creighton, I'm going to leave this file in your chair. Next time you ere in the area, can you corJirm that there h ,%E; bee;_, ra:_r s7n,.� the ln-t time v--u looked at It? I haven't heard from them and will likely have to elevate this to a notice of violation — recommendation for enforcement. I just want to make sure I have the latest info and nothing has changed before I proceed. Thank you! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 5 /21 / 1-7 TYQ 6wl- USPS.com® - USPS Tracking® Results Pagel of 3 USPS Tracking® FAQs ) (http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 70132630000211338802 Remove X Your item has been delivered to an agent at 11:30 am on August 7, 2017 in OCEAN ISLE BEACH, NC 28469. GV Delivered August 7, 2017 at 11:30 am Delivered, To Agent OCEAN ISLE BEACH, NC 28469 Tracking History August 7, 2017, 11:30 am Delivered, To Agent OCEAN ISLE BEACH, NC 28469 Your item has been delivered to an agent at 11:30 am on August 7, 2017 in OCEAN ISLE BEACH, NC 28469. Reminder to Schedule Redelivery of your item August 4, 2017, 6:26 am Available for Pickup OCEAN ISLE BEACH, NC 28469 https://tools.usps.com/go/TrackConfin- Action?qtc_tLabelsl=70132630000211338802 4/9/2018 L:SPS.com(A) - U,,SPS T'rackingg Results Page 2 of 3 July 31, 2017, 1:49 pm Notice Left (No Authorized Recipient Available) OCEAN ISLE BEACH, NC 28469 July 31, 2017, 9:16 am Arrived at Unit OCEAN ISLE BEACH, NC 28469 July 30, 2017, 7:33 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 29, 2017, 9:33 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX July 29, 2017, 2:37 am Departed USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER July 29, 2017, 12:02 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER Product Information See Less /\ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. v https://tools.usps.corn/go/TrackConfirmAction?qtc_tLabelsl=70132630000211338802 4/9/2018 USPS TRACING # First -Class Mail Postage & Fees Paid II� Permit No. G-10 9590 40 111 ji 11 7.W d'y� 99 Please print your name, address, and ZIP+4® in this box; C �2 o /j7 W a 1'e r' CD �^ —x- 0 2 C__d ion: ria 1�r. o(Domestic CO - ICE M m r-1 Postage $ ri Certified Fee rij ® R®tum Receipt Fee Park 0 (Endorsement Required) ¢ ResMcted Delivery Fee ® (Endorsement Required) M C F' -0 Total Postage & Fees $ r ru r91 Se t To �5 G 1r1J , � 7"_ 0 i/SI�D Y Street; Apt. No.; 3 or PO Box No. -....---------------- ------------------------------------------- CDG'af'��J4 /Sosrf l /7C e c '� O Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Retum Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mailaeceipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 ■ 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: l �-a� /.s/� 6�•«l,� i1� z aye II !! a EI�I��I�II�IIIII�IIIIIIII'IIII�IIIIIII'IIIIII) � 9590 9402 1772 6074 8668 99 2. Article Number (Transfer from service label) 7013 2630 0002 1133 8802. PS Form 3811, July 2015 PSN 7530-02-000-9053 (Printed Name) 'I fflp. Date of Delivery D. Is aWmry address different fromiim 1 T ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mail- ❑ uk Signature Restricted Delivery ilVrtiFled Mail® ❑ Registered Mall Restricted Delivery ❑ fied Mail Restricted DelrYery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTm ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt " Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY July 27, 2017 CERTIFIED MAIL #7013 2630 0002 1133 8802 RETURN RECEIPT REQUESTED Sunset Oaks, LLC Attn: William Taylor, Sr, Manager 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION, NOV-2017-PC-0516 Sunset Oaks Stormwater Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On July 20, 2017, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources (DEMLR) performed a follow-up compliance inspection of the subject project, located at Sunset Oaks Lane, Sunset Beach, Brunswick County, North Carolina. Prior to this inspection, this site had been previously issued a request for renewal on September 26, 2016, a Notice of Inspection on December 5, 2016, and a Notice of Deficiency on April 28, 2017. The most recent inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 970515, issued to you on September 23,1997. The project has been found in violation of Stormwater Permit Number SW8 970515, issued pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are: Failure to Renew State Stormwater Permit. Per 15A NCAC 2H.1045(3) (the Stormwater rules), you are required to submit a permit renewal application and the associated processing fees 180 days prior to the expiration date of the permit. Since this permit expired in 2007, two 8-year renewals are necessary to return this project to an active status as demonstrated below and will require two processing fees. Permit expired on September 23, 2007. First Renewal: September 23, 2007 + 8 years = September 23, 2015 Second Renewal: September 23, 2015 + 8 years = September 23, 2023 As of the date of this letter, DEMLR has not received renewal applications to return Stormwater Permit SW8 970515 to an active status. 2. Failure to Operate and Maintain the Stormwater System Per Section 11.2 of the permit, the permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The recent site inspection found the stormwater system to be so overgrown that the system could not be properly evaluated. The approved maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals including but not limited to: a. Semiannual scheduled inspections (every 6 months) b. Sediment Removal; c. Mowing and re -vegetation of side slopes; d. Immediate repair of eroded areas; e. Maintenance of side slopes in accordance with the approved plans and specifications; State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmingtwl Regional Office i 127 Cardinal Drive Extension l Wilmington, NC 28405 910 796 7215 State Stormwater Permit No. SW8 970515 Page 2 of 2 f. Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping; g. Access to the outlet / bypass structure must be available at all times. Failure to Provide Records of Maintenance Activities. Per Section II.3 of the permit, the permittee shall keep records of maintenance activities and make them available upon request by the Division. As of the date of this letter, DEMLR has not received copies of the maintenance records demonstrating that the system has been maintained as requested in the Notice of Inspection dated December 5, 2016 and the Notice of Deficiency dated April 28, 2017. 4. Failure to Respond to a Written Request. Per Section I.7 of the permit, the permittee shall submit a written time schedule to the Division for modifying the site to meet minimum requirements and shall provide copies of revised plans and certifications demonstrating that the changes have been made. As of the date of this letter, the Division has not received a written time schedule response to the request for renewal dated September 26, 2016, a Notice of Inspection dated December 5, 2016, or the Notice of Deficiency dated April 28, 2017. To correct these violations, you must: I , Submit the required renewal application and the associated processing fees to renew this project twice and bring it into an active status. 2. Maintain the system per the approved maintenance agreement and approved plans. 3. Provide copies of the maintenance records to demonstrate the stormwater system has been maintained. 4. Submit a written time schedule or plan of action by the due date provided in this letter. Please provide a "Plan of Action" by August 26, 2017 to DEMLR that states how and when these violations will be corrected. If we do not receive your plan of action by this date you will be in violation of 15A NCAC 2H.1000, which could result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. Please be advised that until you submit the required Name/Ownership Change 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. If you have any questions concerning this matter, please contact Christine Hall at (910)-796-7215 or christine.hall@nr,denr.gov. Sincerely, Tracy Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS\canh: \\\Stonnwater\Permits & Projects\1997\970515 HD\2017 07 NOV 970515 cc: Sunset Oaks Homeowners Assoc.; PO Box 6036; Ocean Isle Beach, NC 28469-0036 Brad Cole, PE, DEMLR Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Allmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910796 7215 Permit: SW8970515 Project: Sunset Oaks Owner: Sunset Oaks LLC County: Brunswick Region: Wilmington Compliance Inspection Report Effective:09/23197 Expiration: 09/23/07 Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 On -Site Representative(s): Related Permits: Adress: Seaside Rd City/State/Zip: Ocean Isl Bch NC 28469 Inspection Date: 07/20/2017 Entry Time: 12:40PM Primary Inspector: Christine A Hall Secondary Inspector(s): Creighton A Brown Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 31 Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Phone: Exit Time: 01:OOPM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SW6910515 Owner - Project: Sunset Oaks LLC Compliance Evaluation Reason for Visit: Follow-up Com ' Inspection Date: 07/20l2017 Inspection Type P . ems.■ '� Inspection Summary: To correct these violations, you must: 1. Submit the required renewal application and the associated processing fees to renew this project twice and bring it into an active status. 2. Maintain the system per the approved maintenance agreement and approved plans. 3. Provide copies of the maintenance records to demonstrate the stormwater system has been maintained. 4. Submit a written time schedule or plan of action by the due date provided in this letter. Yes No NA NE File Review Is the permit active? El 61 El ❑ 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: The permit expired on September 23 2007 Two renewals are required to brinq it back to an active status. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Yes No NA NE ❑❑❑OM ❑ ❑ ❑ FW Are the outlet structures located per the approved plans? ❑ ❑ ❑ Comment: The site inspection found the stormwater system to be so overgrown such that the system could not be properly evaluated. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ❑ 1A ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ !-"�+ ❑ ❑ DWQ upon request? Comment: The site inspection found that the system has not been maintained Inspection and maintenance records have not been vet provided as previously requested. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑ a ❑ ❑ Comment: A review of the file revealed that a written response has not been received for the September 26, 2016 request for renewal the December 5 2016 Notice of Inspection or the April 28 2017 Notice of Deficiency within the time frame specified in the requests. page: 2 4 Hall, Christine From: Hall, Christine Sent: Wednesday, July 19, 2017 8:17 AM To: Creighton A Brown (creighton.brown@ncdenr.gov) Cc: Sams; Dan; Scott, Georgette Subject: Sunset Oaks - SW8 970515 Creighton, Can you take a look at this project for me? This is one that has been out of compliance for a while and I haven't heard that any actions have been taken to bring it into compliance. The big onsite problem previously noted is that the infiltration basin was so overgrown that it could not be properly evaluated. I'm also curious if they have started any construction where the septic fields used to be. The next step is an NOV so I'd like to confirm that it is still out of compliance and nothing has changed. I'll bring the file back along with the inspections forms. Thank you! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct chdstine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, INC 28405 r 7a.1i ,c.rmsp;; rl�>el7C..: i :� r^.^7 Hall, Christine From: WFR <wfr37@atmc.net> Sent: Tuesday, June 13, 2017 3:46 PM To: Hall, Christine Cc: Scott, Georaette; A Cobler; bfra3@hotmail.com; Rosie Bryant Subject: SW8 970515 Thank you for your June 6, 2017 email response. We are very disappointed NCDEMLR has chosen to further delay the compliance enforcement of SW8 970515 storm water permit. The Wilmington Regional Office of NCDEMLR has failed to enforce compliance of this permit requirements for almost ten (10) years (since 2007) and is permitting further delay by placing this in a stack of non- compliance letters waiting for later disposition. The failure of your office to pursue a timely follow-up and enforcement on several occasions further increases Mr. Taylor's (Sunset Oaks, LLC) illusion that NCDEMLR is not serious about enforcement. He has 'Sandbagged' NCDEMLR far too long I suspect you already have the appropriate follow-up letter template on your computer that has already been approved by NCDEMLR attorneys and management for this type and stage of violation. All it should need is to customize (5 to 10 minutes) for Sunset Oaks, LLC, be signed by the appropriate member of management and sent to Mr. Taylor. Your last letter at least got an inquiry on May 8, 2017 with no further contact. NCDEMLR's quick follow up is essential to encourage their action. If your Regional office needs additional resources to catch up the case backlog, then the manager in charge should request it ASAP. Please send me the name and contact information for the manager in charge of the Wilmington. office of NCDEMLR. Thank You, Fred Robertson Sunset Oaks Garden Homes 910-575-4565 Hall, Christine From: Hall, Christine Sent: Tuesday, June 06, 2017 1:11 PM To: 'WFR' Cc: Scott, Georgette; A Cobler; bfra3@hotmail.com; Rosie Bryant Subject: RE: SW8 970515 Storm Water Permit - Sunset Oaks, LLC Mr. Robertson, A relative of Mr. Taylor called on May 8tn to inquire about this project, the letter, and what needs to be done. However, no formal response or plan of action has been submitted at this time. Earlier this week, I returned this project to the stack of other non -compliant projects that need to be followed up on. I plan on sending the next level letter, a notice of violation, as soon as I have time. Unfortunately I don't have an estimated date for when I will be able to complete that letter. Christine Christine Hall Environmental Engineer Division of l nergy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 .. .°«,1 �.�,r:•�" .°... •. ,....);,,r.ra:.'. ;r).,, _4 ., .. F•'t-t .'7 .iF' rjiJ From: WFR [mailto:wfr37@atmc.net] Sent: Monday, June 05, 2017 9:36 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; A Cobler <acobler@swvagas.com>; bfra3@hotmail.com; Rosie Bryant <tolodia@aol.com> Subject: FW: SW8 970515 Storm Water Permit - Sunset Oaks, LLC Have you heard from Mr. Taylor? If not, what are the plans and actions NCDENR will take to assure Mr. Taylor's Sunset Oaks, LLC is brought into SW8 970515 permit compliance? What is the target date for the necessary follow up? Thank you for your initial and follow up actions to date. We look forward to the successful completion, of SW8 970515 compliance. Fred Robertson Sunset Oaks Garden Homes 910-575--4565 From: WFR [mailto:wfr37Cabatmc.net] Sent: Tuesday, May 09, 2017 2:53 PM To: 'Hall, Christine' Cc: 'Scott, Georgette'; A Cobler; bfra3C�hotmail.com; Rosie Bryant Subject: SW8 970515 Storm Water Permit - Sunset Oaks, LLC Thank you for the follow up and third letter to Mr. Taylor, Sunset Oaks, LLC regarding his continue failure to renew his company's Storm Water permit. I request your office to be prepared for a timely follow up if he does not inform your office in writing by May 29, 2017 as required in your letter dated April 28, 2017. Fred Robertson Sunset Oaks Garden Homes 910-575-4565 Hall, Christine From: WFR <wfr37@atmc.net> Sent: Tuesday, May 09, 2017 2:53 PM To: Hall, Christine Cc: Scott, Georgette; A Cobler; bfra3@hotmail.com; Rosie Bryant Subject: SW8 970515 Storm Water Permit - Sunset Oaks, LLC Thank you for the follow up and third letter to Mr. Taylor, Sunset Oaks, LLC regarding his continue failure to renew his company's Storm Water permit. I request your office to be prepared for a timely follow up if he does not inform your office in writing by May 29, 2017 as required in your letter dated April 28, 2017. Fred Robertson Sunset Oaks Garden Homes 910-575-4565 Hall, Christine From: Hall, Christine Sent: Monday, May 08, 2017 11:46 AM To: 'elitehomesl@atmc.net' Subiect: permit for Sunset Oak - SW8 960819 Attachments: 2007 07 permit 970515.pdf Mr. Taylor, Thank you for calling this morning with questions on Sunset Oaks. As requested, I have attached a copy of the permit from 1997. Our files are considered public record. If you happen to be traveling to Wilmington and would like to look at the file, please let us know so we can schedule a file review appointment for you and ensure the file review room is available. Please let me know if you have any additional questions. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 -1-No ' r,.c+anc�= ;c �oxl fr : a :;1%.. _ _ c.' is subj&ot fo ar e c;FL Mc?V he err i0 i•'1.;"�?i'c Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY April 28, 2017 William Taylor, Manager Sunset Oaks, LLC 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: NOTICE OF NOD 2017-P Sunset Oaks Stormwater 1 Brunswick C Dear Mr. Taylor: On April 28, 2017, the Wilminj Resources (DEMLR) conductec compliance with Stormwater Mi DEMI,R file review and site insl conditions of this permit. Please Report" attached to this letter, wl As indicated in the attached inspe 1 Per 15A NCAC 2H.1001 application and the associ renewals are necessary to require two processing fee,,. ROY COOPER Governor MICHAEL S. REGAN secretary TRACY DAVIS Director I-` J0— V� Ar dI �� v1n ,tU 'bL Lra \ a ��" 1 4�p\\O-J 1-�, of", 2ineral and Land project to determine n September 23, 1997. with the terms and pliance Inspection Lion. A esolved: ired renewal -1. 2007, two 8-year —.vr. status as demonstrated below and will a. Permit expired on September 23, 2007. b. First Renewal: September 23, 2007 + 8 years = September 23, 2015 c. Second Renewal: September 23, 2015 + 8 years = September 23, 2023 2. Per Permit Condition II.2, the permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the optimum efficiency. Please ensure to maintain the system per the approved maintenance agreement and the approved plans.. 3. Per Permit Condition 11.3, please provide copies of the maintenance records to demonstrate the current status of the stormwater system and that it has been operated and maintained in accordance with the requirements. 4. Per Permit Condition I.7, the permittee shall submit a written time schedule to address these concerns within the time frame provided in the Notice of Inspection. Please inform this Office in writing before May 29, 2017, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by May 29, 2017 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. State of North Carolina I Environmental Quality I Energy, Mneral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension Wilmington, NC 28405 910 796 7215 Energy, Mineral & Land Resources ENVIRONMENTAL DUALITY April 28, 2017 William Taylor, Manager Sunset Oaks, LLC 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: NOTICE OF DEFICIENCY NOD 2017-PC-0155 Sunset Oaks Stormwater Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: ROY COOPER Governor MICHAEL S. REGAN secretary TRACY DAVIS Director On April 28, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a follow up file review inspection of the subject project to determine compliance with Stormwater Management Permit Number SW8 970515 issued on September 23, 1997. DF,MT,R, 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. Per 15A NCAC 21-1.1003(h) (the stormwater rules), please submit the required renewal application and the associated processing fees. Since this permit expired in 2007, two 8-year renewals are necessary to return this project to an active status as demonstrated below and will require two processing fees. a. Permit expired on September 23, 2007. b. First Renewal: September 23, 2007 + 8 years = September 23, 2015 c. Second Renewal: September 23, 2015 + 8 years = September 23, 2023 2. Per Permit Condition 11.2, the permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the optimum efficiency. Please ensure to maintain the system per the approved maintenance agreement and the approved plans. Per Permit Condition 11.3, please provide copies of the maintenance records to demonstrate the current status of the stormwater system and that it has been operated and maintained in accordance with the requirements. 4. Per Permit Condition I.7, the permittee shall submit a written time schedule to address these concerns within the time frame provided in the Notice of Inspection. Please inform this Office in writing before May 29, 2017, of the specific actions that will be undertaken and the time frame that will he required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by May 29, 2017 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7M State Stormwater Permit No. SW8 970515 Page 2 of 2 Please be advised that until you submit the required Name/Ownership Change 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. If you have any questions, please contact Christine Hall at the Wilmington Regional Office, telephone number (910) 796-7215. Sincerely, Tracy Davis)P.E., Director Division of Energy, Mineral and Land Resources Enc: Compliance Inspection Report GDS/cash: \\\Stormwater\Permits & Projects\1997\970515 HD\2017 04 NOD 970515 cc: Sunset Oaks Homeowners Assoc.; PO Box 6036; Ocean Isle Beach, NC 28469-0036 Georgette Scott, Wilmington Regional. Office Stormwater Supervisor WiRO Stormwater File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources WiLnington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 7% 7215 Permit: SW8970515 Project: Sunset Oaks Owner. Unknown Wiro County: Brunswick Region: Wilmington Compliance inspection Report Effective:09123/97 Expiration: 09/23/07 Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - On -Site Representative(s): Related Permits: Adress: Seaside Rd City/State/Zip: Ocean Isl Bch NC 28469 Inspection Date: 04/28/2017 Entry Time: 11:00AM Primary Inspector: Christine A Hall 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) Phone: Exit Time: 11:30AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 permit SW6970515 Owner - Project: Unknown Wiro Inspection Date: 04/2812017 Inspection Type Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: Per Permit Condition 11.2, the permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the optimum efficiency. Please maintain the system per the approved maintenance agreement and the approved plans. Per Permit Condition 11.3, please provide copies of the maintenance records to demonstrate the current status of the stormwater system and that it has been operated and maintained in accordance with the requirements. Per 15A NCAC 2H.1003(h) (the stormwater rules), please submit the required renewal application and the associated processing fees. Since this permit expired in 2007, two 8-year renewals are necessary to return this project to an active status as demonstrated below and will require two processing fees. Permit expired on September 23, 2007. First Renewal: September 23, 2007 + 8 years = September 23, 2015 Second Renewal: September 23, 2015 + 8 years = September 23, 2023 Per Permit Condition 1.7, the permittee shall submit a written time schedule to address these concerns within the time frame provided in the Notice of Inspection. page: 2 Permit: SWB970515 Owner - Project: Unknown Wiro Inspection Date: 04/2812017 Inspection Type Compliance Evaluation Reason for Visit: Fallow -up File Review Yes No NA NE Is the permit active? ❑ 9 ❑ ❑ Ligned copy of the Engineer's certification is in the `IE I Signed copy of the Operation & Maintenance Agreement is in the file? ❑❑❑ ■ ❑0❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ■ ❑ Comment: The permit expired on September 23, 2007. Two renewals are required to brina it back to an active status_ SW Measures 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? Yes No NA NE ❑❑❑® Comment: A site inspection conducted on March 10, 2015 found the stormwater system to be so overarown such that the system could not be Properly evaluated. A review of the file does not show that documentation has been submitted demonstratina the system was restored to the approved design condition. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ❑■❑❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ M ❑ ❑ DWQ upon request? Comment: As noted above, the site inspection conducted on March 10. 2015 found the stonnwater system to be overgrown and clearly not being operated and maintained per the requirements. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑❑❑ Comment: A review of the file revealed that a response has not been received for either the Seotember 26, 2016 rectuest for renewal or the December 5. 2016 Notice of Inspection within the time frame specified in the reauelsts. page: 3 Hall, Christine From: WFR <wfr37@atmc.net> Sent: Friday, April 21, 2017 12:19 PM To: Hall, Christine Cc: Scott. Georaette Subject: FW: SW8 970515 It has been six more weeks without any action from your area for Mr. William (Bookie) Taylor, Sunset Oaks, LLC regarding his continuing failure to comply with the NC Storm Water requirements and failure to respond to letters from your area last fall. He also has ignored letters from your office since 2007 and the requirements of The State of North Carolina. This is really inexcusable. I suspect the projects you state are ahead of Mr. Taylors are the booming new developments in your region. This indicates your office needs additional personnel and these could be transferred in temporarily from Icss busy regions or bring in a couple of retirees temporarily to help catch up. Regardless, this failure needs to be corrected ASAP. If needed, I can contact your Raleigh office to request assistance to help your office catch up. Please take the necessary action to get Sunset Oaks, LLC up to date. Thank You, Fred Robertson Sunset Oaks Garden Homes 910-575-4565 From: WFR [mailto:wfr37@atmc.net] Sent: Friday, March 10, 2017 8:00 AM To: 'Hall, Christine' Cc: 'A Cobler'; 'bfra3@hotmail.com'; 'Rosie Bryant; 'Scott, Georgette' Subject: RE: SW8 970515 Thank you. Please be sure that your Supervisor is aware of Mr. Taylor's history of ignoring requests from your area since 2007 and the failure of your area to follow up on these requirements since 2009 until your two letters to him last fall, September 26 and December 5, 2016. My past emails should provide your supervisor with this information. Fred Robertson Sunset Oaks Garden Homes 910-575-4565 From: Hall, Christine[mailto:Christine. Hall(ancdenr.gov] Sent: Thursday, March 09, 2017 4:57 PM To: WFR Cc: A Cobler; bfra3@hotmail.com; Rosie Bryant; Scott, Georgette Subject: RE: SW8 970515 Sir, Unfortunately the work load has not eased. I have alerted my supervisor, Georgette, regarding your request and she will take it into consideration. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine. hall(a)-ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email con 0,c- )P1;de17CE _`O 1 : ;'-�47J i';& f i2 North 1"ubi c r?E.cor S ; . ;a, ",,,'-DSj'J to `:ui-d,_ From: WFR [mailto:wfr37@atmc.net] Sent: Thursday, March 09, 2017 3:09 PM To: Hall, Christine <Christine.Hall @ncdenr.eov> Cc: A Coble <acobler@swvagas.com>; bfra3@hotmail.com; Rosie Bryant <tolodia@aol.com> Subject: RE: SW8 970515 We would appreciate an update for the status of getting Mr. Taylor to comply with the requirements of the Storm Water Permit and bring Sunset Oaks, LLC into compliance. He will do nothing until he has no other alternative. If you are still behind in the projects for your area, it may be possible for you to temporarily borrow some additional resources/manpower from another region that is not experiencing the level of development we have in this area. Thank you, Fred Robertson Sunset Oaks Garden Homes 910-575-4565 From: Hall, Christine[mailto:Christine. Hal I(&ncdenr.gov] Sent: Wednesday, February 01, 2017 4:31 PM To: WFR Cc: A Cobler; bfraUbhotmail.com; Rosie Bryant Subject: RE: SW8 970515 Mr. Robertson, Unfortunately, there is quite a bit of work at the moment. I have not yet had the opportunity to work on the next letter for this project. It is in line with the other projects waiting my attention. I am a bit behind and overbooked through the next week but I will get to it as soon as I can. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality Hall, Christine From: Hall, Christine Sent: Wednesday, February 01, 2017 4:31 PM To: 'WFR' Cc: A Cobler; bfra3@hotmail.com; Rosie Bryant Subject: RE: SW8 970515 Mr. Robertson, Unfortunately, there is quite a bit of work at the moment. I have not yet had the opportunity to work on the next letter for this project. It is in line with the other projects waiting my attention. I am a bit behind and overbooked through the next week but I will get to it as soon as I can. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct ch(istine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 io and = m This address ;s subject ."0 Agbi bi Caroling Plltiir f eC7rc!F Le?v and i77ay .hq tC From: WFR [mailto:wfr37@atmc.net] Sent: Wednesday, February 01, 2017 4:16 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: A Cobler <acobler@swvagas.com>; bfra3@hotmail.com; Rosie Bryant <tolodia@aol.com> Subject: FW: SW8 970515 We were hoping to receive a positive response to the email below as well as a copy of the necessary follow up action to Mr. Taylor, Sunset Oaks, LLC. I know you are busy and have many projects, especially with all of the new development in our area. However, he is comfortable to do nothing and outlast your office believing his Non -Compliance issue will go away as it did in 2007 and 2009. Hopefully we can get this behind us before too long. When do you estimate your office will do the required follow up? Fred Robertson Sunset Oaks Garden Homes 910-575-4565 Hall, Christine From: WFR <wfr37@atmc.net> Sent: Tuesday, January 17, 2017 9:44 AM To: Hall, Christine Cc: A Cobler; bfra3@hotmail.com; Rosie Bryant Subject: RE: SW8 970515 Thank you for your response. 'Back in the Line' sounds like it could be a long time waiting. Do you have an estimate of how long this might be waiting or a target date for action? Since this has been in Non -Compliant project since 2007, this should qualify it to be moved ahead of any more recent non -compliant projects. Please consider this. Based on correspondence Sunset Oaks Garden Homeowners Association received in 2016 from Mr. William Taylor, Sunset Oaks, LLC, is planning to build two(2) additional buildings at the lower end of our development. Mr. Taylor does not appear to be in any hurry to start construction and is apparently content to wait until conditions are favorable for his company. Based on his past record of ignoring the Storm Water Compliance issue, I believe Mr. William Taylor, Sunset Oaks ,LLC, is content to wait again until your office either forgets or gets too involved with other projects to deal with him. So far, he does not have an incentive to move forward with correction. I recommend and request any future correspondence to him be sent Certified Mail Return Receipt which will help emphasize the seriousness of this issue. Thank you, Fred Robertson Sunset Oaks 910-575-4565 From: Hall, Christine[mailto:Christine.Hall@ncdenr.gov] Sent: Tuesday, January 17, 2017 8:39 AM To: WFR Cc: A Cobler; bfra3@hotmail.com; Rosie Bryant Subject: RE: SW8 970515 Thank you for the reminder. I haven't heard anything yet. I will add this project back in the line of other non -compliant projects needing my attention. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct Christine. hall0mcdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Hall, Christine From: Hall, Christine Sent: Tuesday, January 17, 2017 8:38 AM To: 'WFR' Cc: A Cobler; bfra3@hctmail.com; Rosie Bryant Subject: RE: SW8 970515 Thank you for the reminder. I haven't heard anything yet. I will add this project back in the line of other non -compliant projects needing my attention. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 t-rx ': correspc:'jdc-Pr"'9 is and fcm this -,,dd;&;j is r�l hjr-;ct F,c ihp N t;? Carolina �rrblic f;aroras Lav:� ara rr.^j�" h: L'l t iti. 129 it7 From: WFR [mailto:wfr37@atmc.net] Sent: Friday, January 13, 2017 9:59 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: A Cobler <acobler@swvagas.com>; bfra3@hotmail.com; Rosie Bryant <tolodia@aol.com> Subject: SW8 970515 Per your letter of December 5, 2016 to Mr. William Taylor, Sunset Oaks LLC, has your office received the required response from Mr. Taylor by the specified date of January 9, 2017. If so, what is the next step? If not, what is the next step and when will it proceed? Please do not let Mr. Taylor get away with this as he did in 2007 — 2009. (For info: SOGHOA is the 'Sunset Oaks Garden Home Owners Association') Thank you for following up on this and keeping us informed. Fred Robertson Sunset Oaks 910-575-4565 Hall, Christine From: WFR <wfr37@atmc.net> Sent: Wednesday, December 14, 2016 3:59 PM To: Hall, Christine Subject: Permit SW8 970515 Thank you very much for sending Mr. William Taylor, Sunset Oaks, LLC, your follow up letter of December 5, 2016, regarding renewing the permits and bringing the Storm Water requirements into compliance. I hope this will encourage him to take positive action. Unfortunately, I suspect he will do nothing hoping the State Of NC will be diverted to other priorities and forget additional follow up as it did in 2007 and 2009. Hopefully, he'll respond by the January 09, 2017 date you set. Thank you, Fred Robertson Sunset Oaks HOA 910-575-4565 PAT McCRORY Governor DONALD R. VAN DER VAART Secretary Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY December 5, 2016 William Taylor, Manager Sunset Oaks, LLC 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: Notice of Inspection — Not Compliant Sunset Oaks State Stormwater Management Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: TRACY DAVIS Directur On December 5, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a file inspection of Sunset Oaks, located at Sunset Oaks Lane in Sunset Beach, Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 970515 issued on September 23, 1997. 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 fmdings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Per 15A NCAC 2H.1003(h) (the stormwater rules), please submit the required two renewal applications and the associated processing fees, which is currently set at $505 for each application, to return this permit to an active status. Since this permit expired in 2007, two 8-year renewals are necessary to return this project to an active status as demonstrated below: a. Permit expired on September 23, 2007. b. First Renewal: September 23, 2007 + 8 years = September 23, 2015 c. Second Renewal: September 23, 2015 + 8 years = September 23, 2023 2. Per Permit Condition H.2, the permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the optimum efficiency. Please ensure to maintain the system per the approved maintenance agreement and the approved plans. 3. Per Permit Condition 11.3, please provide copies of the maintenance records to demonstrate the current status of the stormwater system and that it has been operated and maintained in accordance with the requirements. 4. Per Permit Condition I.7, the permittee shall submit a written time schedule to address these concerns within the time frame provided in the Notice of Inspection. Please be advised that until you submit the .required Name/Ownership Change 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. State of North Carolina I Environmental Quality j Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension ! Wimington. NC 28405 910 796 7215 State Stormwater Permit No. SW 8 970515 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 January 9, 2017, 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 stornwater 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 christine.hall@ncdenr.gov. Sincerely, f' Christine Hall Environmental Engineer Eric: Compliance Inspection Report I %!s r, -7 - GDSlcanh: 111StormwaterlPermits & Projects119971970515 HD12016 12 CEI_deficient 970515 cc: Sunset Oaks Homeowners Assoc.; PO Box 6036; Ocean Isle Beach, NC 28469-0036 Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Environmental Quality , Energy, Mineral and Land Resources Wilmington Regional Office ' 127 Cardinal Drive Extension I Wilndngtat NC 28405 910 796 7215 .41 I Permit: SW8970515 Project: Sunset Oaks Owner: Unknown Wiro County: Brunswick Region: Wilmington Compliance Inspection Report Effective:09/23197 Expiration: 09/23/07 Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - On -Site Representative(s): Related Permits: Adress: Seaside Rd City/StatelZip: Ocean Isl Bch NC 28469 Inspection Date: 12/05/2016 Entry Time: 10:OOAM Primary Inspector: Christine A Hall Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: T State Stormwater (See attachment summary) Phone: Exit Time: 10:30AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: S14I8970515 Owner - Project: Unknown Wiro Inspection Date: 12/0512016 Inspection Type Compliance Evaluation Reason for Visit: Routineti Inspection Summary: Per Permit Condition 11.2, the permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at the optimum efficiency. Please maintain the system per the approved maintenance agreement and the approved plans. Per Permit Condition 11.3, please provide copies of the maintenance records to demonstrate the current status of the stormwater system and that it has been operated and maintained in accordance with the requirements. Per 15A NCAC 21-1.1003(h) (the stormwater rules), please submit the required two renewal applications and the associated processing fees, which is currently set at $505 for each application, to return this permit to an active status. Since this permit expired in 2007, two 8-year renewals are necessary to return this project to an active status as demonstrated below: Permit expired on September 23, 2007. First Renewal: September 23, 2007 + 8 years = September 23, 2015 Second Renewal: September 23, 2015 + 8 years = September 23, 2023 Per Permit Condition 1.7, the permittee shall submit a written time schedule to address these concerns within the time frame provided in the Notice of Inspection. page: 2 Permit: SW8970515 Ovrner-- Project: Unknown Wiro Inspection pate: 12/05/2016 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Yes No NA NE Is the permit active? ❑ W ❑ ❑ Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? H ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ F ❑ Comment: The permit expired on September 23, 2007. Two renewals are reauired to brina it back to an active status. SW Measures 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? Yes No NA NE ❑ ❑ ❑ ff ❑ ❑ ❑, E NINUE-W Comment: A site inspection conducted on March 10, 2015 found the stormwater system to be so overgrown such that the system could not be properly evaluated. A review of the file does not show that documentation has been submitted demonstrating the system was restored to the approved design condition Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ❑ ❑ ❑ 1 Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: As noted above, the site inspection conducted on March 10. 2015 found the stormwater system to be overgrown and clearly not being operated and maintained per the requirements. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ [f ❑ ❑ Comment: A review of the file revealed that a response has not been received to the September 26 2016 request for renewal within the time frame specified in the request. page: 3 Hall, Christine From: Hall, Christine Sent: Friday, November 04, 2016 2:28 PM To: 'WFR' Sut-Ject: RE: Sunset Oaks - Storm Water Mr. Robertson, The next step is to elevate this to a Notice of Inspection. Right now, I have 4-5 other projects also waiting for inspection letters to be drafted and sent. I'm not sure when I'll get a chance, but I will add it to this stack. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 5i !!'i'si 4r0q�'�....rCN.. LT!•af G:1ri'c` /,'O;:.. 1!C to Li c! Twin th.,s i i:r' 4%3f��'.hc' Yr' �! }ice FC G'%: 7 36e' alTr.' :i%3�r ,;•. (f si:Aoscd to From: WFR [mailto:wfr37@atmc.net] Sent: Friday, November 04, 2016 2:24 PM To: Hall, Christine <Christine.Hall @ncdenr.gov> Subject: RE: Sunset Oaks - Storm Water Thank you for your response. Please let us know what the next step from the NCDENR will be and when do you expect this to occur. It is very important to our Sunset Oaks Homeowners to bring this in compliance. Previous communications from NCDENR to Mr. Taylor for Storm Water Permit renewals have been ignored and he probably will not proceed until he receives sufficient encouragement from your office or State Headquarters. We request a copy of all correspondence to Mr. Taylor, Sunset Oaks, LLC, regarding this issue be sent to: Sunset Oaks HOA, P.O. Box 6036, Ocean Isle Beach, NC 28469. Thank You, Fred Robertson Sunset Oaks 910-575-4565 From: Hall, Christine [ma ilto:Christine. Hall @ncdenr.gov] Sent: Friday, November 04, 2016 11:14 AM To: WFR Subject: RE: Sunset Oaks - Storm Water Mr. Robertson, A response to that letter has not yet been received. Christine Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall(a)-ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 m 4 r..-:, i:fl. BS�nl1ci6d .; i•:�'1Cri_f)!i7 ir�l _U1`8.4::c 8"!:gi^....(: •'rd;� r!yc�:oi;.�a�f,:._,. From: WFR [mailto:wfr37@atmc.net] Sent: Friday, November 04, 2016 9:34 AM To: Hall, Christine <Christine.HaII@ncdenr.gov> Subject: Sunset Oaks - Storm Water This is a follow uo and reauest for an update on the renewal status of Storm Water Permit No. SW8 970515 By Sunset Oaks, LLC. This in reference to the official letter dated September 26, 2016 sent by your office to Mr. William Taylor, Manager of Sunset Oaks, instructing him to Submit renewal applications and fees prior to October 27, 2016. Fred Robertson Sunset Oaks 910-575-4565 Hall, Christine From: WFR <wfr37@atmc.net> Sent: Tuesday, September 27, 2016 11:13 PM To: Hall, Christine Subject: Sunset Oaks Garden Homeowners Assoc. Storm water permits & compliance Please send copies of all correspondence related to the Storm Water permit, compliance, renewal, etc. to: Sunset Oaks Homeowners Assoc. PO. Box 6036 Ocean Isle Beach, NC 28469-0036 If there are any emails, these can be copied to Sunset Oaks Homeowners Association at my email address wfr37@atmc.net. Thank you, Fred Robertson 910-545-4565 Hall, Christine From: Hall, Christine Sent: Tuesday, September 20, 2016 11:30 AM To: Scott, Georgette Subject: complaint Sunset Oaks, rivvo 970515 Georgette, I received a complaint today from Fred Robertson (910-575-4565) that: 1. the stormwater permit expired in 2007 (would need 2 renewals) 2. the LLC may be looking to develop what was the septic field (the site now has a connection to the sewer). Supposedly the HOA recently transferred the septic property back to the developer. 3. there is drainage concerns that the runoff may not be making to the infiltration basins. (the last inspection report from 2015 also noted the basins were over grown) This was something Aisha and maybe Angel was working on back in 2008/2009 and Jean visited in 2015. 1 can certainly direct this compliant to Creighton to follow-up with a site inspection, but wasn't sure who'd like the POC to be for Stormwater. Is Linda still handling getting these very old expired permits back into active status? Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email coirespondeiu.e to and from Ins address is suLk:-Ct to the North Carolina Public Records Lviv and may bE disclosed to third parties, STATID OF NORTH CAROMA zt Of paw Md Natmvl ptwoltm 127 Demd I Exhasm Wflemg.b4 Math Csrolkaa 29405 010)796-7215 so NAIVE 0 SA Upmmmo sus_ r�11Cs dui F�ccess: U10 *f of WftbgtX Re&j OMM is ed tD =I=g pubba moads k our oud*M4 va-lable to to pudic ft re*w god wpyi* we also bAw to mpooam� -0 fv PUbW t 8&6gWd &W ro=* end to carry of t our dq-to-day pmgm abAgadow. Plmo twd =,Of* le folbwmg gualaft domg 66 t= - Ur to U kp p6& demd for le am, n ro�gtdyou oan q.t loaaa d# is a4wace to, lobed la an appohtmot to ro*IrU film Am)Akdk'WjM 14 vl"fy#Lut Rif ankit_aeut an v�w &4 _Mu to lhe odat M Ow and s-4dxMgWLR 19 gaLsk—bl—o. wravlow at ow *00 ml be IMW to &a. Cast per copy' is too mrt& ma be ma& bry check moteta order, or p"A at; ire Ama ftbetyaw for mLa'—wfim i6e wee:• `Fa ram alter; defaces emu, of d�roy�i in. oae ofthese�fes is a. -5, a. I 45� q;(-� S*t.- k4le -Pkwe anam " -,,/ —,p ' COPS MA.Db SAftainn� gCOZ-7 a M.00-proomg fft WM be axged md MUSTY AJ' STATE OF NORTH CAROLINA At ofrsn*omt nW andbT ral F,6841= 127 Ckdkel D m E&wdot wilmlagpA madh oaro&a 2MO5 010> 796721-5 _ v.� • NEW EVA- lb8 3 f of Tfth*t 1 Rs5&w MCe is doaca to M plkl r CAS fa 4T C re � e� pi7�?IfC ire ieW &A(I G0 7y3 wo also lave to cavA to &0 PutxW to �dthfWM0060 ad to n y out am day today prc>om oUgadow. Phase read QRrCiy 2.ef0kPPlAg, gM&S$Mgtbe gym.: . Duat to l rppd& 4mod Ate wm,"regMstUyot 4 d iaarta dayin a4 ce to. �ledak m appoh3biat to rovlw be jRe& &paWftt IM be die i Qo manic :Ot}um. Vff,-wftfta qt4,-4Spn. Kxma�aat iGB to flag tffW gW aud staffIIfs?. 2. Y'oams�ee�y�esga�z�Elre�e�a'b�'f�y ikaa�ae. `1n��i t��a�yail. wratm at amfte valbe Wtad to 3. y'a�,�ay�lta�e �"a�e't.�ze CDa3IeT'�SneGipti��i1� st�8.'and�i�mepea�i�s. Cod per copy k $_05 omt& hEgag pat k� by cheek, m4 ff ore crib. at W rec iiozc de S �i is 1#nff ar more be k e'aicad form eouy ►m .'OK F0 P1�es natbra �e ogee;.• Ta r� aT� d,�oe, Vie, ar dey�. �. one afe�ies is �. aanor �r you can 1�e wed ixi MOM, ID WdWM- I-MjftggATO - di.the merkiswytreat �. lu acmrdow wil G=ml sww 25~8-512, a-00-pMemong wm ba &aged and Co1�er�ed-fir checks rxu �vhicb: pay�e� ltas beat. rss�. ' R�tE�LiI`�N"AI� 00 01 S She sndl ams of�ss Da% Tbw Iu lbuloa plain a h abu lb= W'dto s, WPIBS M-103 PAID -- INVOICE - �.,�.d..f�e Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY September 26, 2016 William Taylor, Manager Sunset Oaks, LLC 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: Renewal Request State Stormwater Management Permit No. SW8 970515 Sunset Oaks Brunswick County Dear Mr. Taylor: PAT McCRORY Governor DONALD R. VAN DER VAART seererary TRACY DAVIS Diremr Effective August 1, 2013 the State Stormwater program has been 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, transferred, or renewed. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. State Stormwater Management Permit #SW8 970515 for the subject project was last issued on September 23, 1997 to Sunset Oaks, LLC and expired on September 23, 2007. On June 10, 2008 and January 5, 2009 letters were sent to you requesting that an application to renew the permit be submitted and at this time, a response has not been received. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. Since this permit expired in 2007, two 8-year renewals are necessary to return this project to an active status as demonstrated below: Permit expired on September 23, 2007. First Renewal: September 23, 2007 + 8 years = September 23, 2015 Second Renewal: September 23, 2015 + 8 years = September 23, 2023 Please complete and submit renewal applications along with the associated fees prior to October 27, 2016. The renewal application can be found at the following website under the Applications Forms section: littps://deg.nc.: ov/abOLit/divisions/eiierg, mineral-land-resources/eneiW-mineral-land- permits/siormwater-peiniits/forms. Please note that if they have not already been submitted to the Division, the permit renewal request must be accompanied by the required Designer's Certification and the recorded documents (if applicable). Please be advised that 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 until you submit the required Name/Ownership Change Form to the Division and receive approval from the Division to transfer the permit. This includes providing the necessary operation and maintenance of the permitted stormwater system. The Name/Ownership Change Forms are available on our website at: httDs:Hdeo.nc.izov/about/divisions/enercv-mineral-land- State of North Carolina I Environmental Quality I Energy, Mineral and land Resources UVilmfrgtm Regional Office 1 127 Cardinal Drive Extenston I Wilmington, NC 28405 910 796 7215 State Stormwater Permit No. SW8 970515 Page 2 of 2 The operation of the stormwater treatment system without a valid and active permit, and/or failure to provide the Designer's Certification and/or failure to operate and maintain the stormwater treatment system, are violations of NCGS 143 Article 21 and may result in appropriate enforcement action. If you have any questions regarding this matter, please contact Christine Hall at (910) 796-7215 or christine.hall@ncdenr.gov. Sinncerely, Tracy Davis, P.E. Director Division of Energy, Mineral and Land Resources GDS/canh: \\\Stormwater\Permits & Projects\1997\970515 HD\2016 09 req_ren 970515 cc: Wilmington Regional Office File i� luQr�",Qr 0cec-, �i' PAC aR`l6ci -cD3�p State of North Carolina I Environmental Quality 1 Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. NC 28405 910 796 7215 9/26/2016 Corporations Division -4 *y": North Carolina Elaine FMarshall , `= u �1 �`r' OF'TI-it Secretary ZZ)ECRETARY CIF- ='-jTA T. PO Box 2W- 7 Rale0h. NC ?762.6-0627 (919)807-200P Account Login Click Here To: Register View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Sunset Oaks, L.L.C. Limited Liability Company Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month. State of Incorporation: Registered Agent: Corporate Addresses 0426675 Current -Active Current Domestic 5/9/ 1997 December NC Taylor Sr, William F Mailing: 7290-03 Beach Dr SW Ocean Isle Beach, NC 28469 Principal Office: 7290-03 Beach Dr SW Ocean Isle Beach, NC 28469 Reg Office: 7290-03 Beach Dr Sw Ocean Isle Beach, NC 28469 Reg Mailing: 7290-03 Beach Dr Sw Ocean Isle Beach, NC 28469 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Managing Member: William F Taylor , Sr 7290-03 beach dr sw Ocean Isle Beach NC 28469 liftps://www.sDsnc.gov/SearctVprafcorp/5010448 1/1 0 LIMITED LIABILITY COMPANY NAME OF LIMITED LIABILITY COMPANY: Sunset Oaks, L.L.C. SOSID: 0426675 Date Filed: 7/29/2016 11:59:00 PM ANNUAL REPI Elaine F. Marshall North Carolina Secretary of State CA2016 211 00361 SECRETARY OF STATE ID NUMBER: 0426675 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2016 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: WILLIAM F TAYLOR SR 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 7290-03 Beach Dr Sw Ocean Isle Beach, NC 28469 Brunswick SECTION B: PRINCIPAL OFFICE INFORMATION Filing Office Use Only Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILINGADDRESS 7290-03 Beach Dr Sw Ocean Isle Beach, NC 28469 Brunswick 1. DESCRIPTION OF NATURE OF BUSINESS: Construction and Development 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 579-3521 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS IN 'O 51. 7290-03 Beach Dr SW 7290-03 Beach Dr SW Ocean Isle Beach, NC 28469 Brunswick Ocean Isle Beach, NC 28469 Brunswick SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: William F Taylor, Sr NAME: TITLE: Managing Member ADDRESS: 7290-03 Beach Dr. SW Ocean Isle Beach, NC 28469 TITLE: ADDRESS: NAME: TITLE: ADDRESS: SECTION 0: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity. July 28, 2016 SIG R DATE Form must be signed by a Company Official listed under Section C of this form. William F. Taylor, Sr Managing Member Print or Type Name of Company Official Print or Type The Title of the Company Offrcial SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILfNG FEE OF $200 ❑ ""M ;A—K MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 � i.�.11 State of North Carolina Department of the Secretary of State SOSID: 0426675 Date Filed: 7/29/2016 1:22:00 PM Effective: 8/26/2010 Elaine F. Marshall North Carolina Secretary of State C2016 211 00352 APPLICATION FOR REINSTATEMENT FOLLOWING ADMINISTRATIVE DISSOLUTION OF LIMITED LIABILITY COMPANY Pursuant to §57D-6-06(c) of the North Carolina General Statutes, the undersigned limited liability company hereby submits this Application for Reinstatement Following Administrative Dissolution: 1. The name of the applicant limited liability company is: SUNSET OAKS, LLC 2. The effective date of the administrative dissolution of the applicant limited liability company was: 08-26-2010 3. The ground or grounds for administrative dissolution of the applicant limited liability company as stated in its Certificate of Dissolution was or were: FAILURE TO FILE ANNUAL REPORTS 4. Complete either (a) or (b) as appropriate: (a) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company did not exist. (Insert brief explanation.) (b) The grounds stated above for the administrative dissolution of the applicant Limited Liability Company have been eliminated. (Insert brief explanation.) ANNUAL REPORTS AND FEES ARE ATTACHED Enclosed is a fee of $100.00 as required by §57D-1-22(18) of the North Carolina General Statutes. This the 28TH day of J U LY 2016 SUNSET OAKS, LLC Name of Limited Liability Company Signature WILLIAM F. TAYLOR, SR. /y m14g, Type or Print Name and Title Notes: 1. Filing fee for this Application for Reinstatement is $100.00, payable by check made to the order of the Secretary of State. 2. This Application must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. BOX 29525 RALEIGH, NC 27626-0525 (Revised January 2014) (Form L-08) Conway, Jean From: Brigit Flora <Brigit.Flora@brunswickcountync.gov> Sent: Wednesday, March 18, 2015 2:55 PM To: Conway, Jean Subject: RE: Emailing: insp report 3-5-2015 Thanks Jean. We will make sure that the Venetian Bay site remains stabilized until the site is developed some time in the future. We will also continue to monitor the Avalon situation to make sure the owner is meeting all necessary requirements. I will follow up with the Bartlett Lane issue. It has been a few years now since we installed the sewer there so if ive can determine that the drainage problem was in fact caused by us then we may be able to help. Thanks again for the information. ?3,-igit Flora, PE, LFM Storm.w •ter Engineer Bruuiswick County Engineering Pt? Box 249 75 Courthouse Drive NE Building, I. Bolivia, NC 28422 91.0-2:53-2465 (office) 910-253-2704(fax) From: Conway, Jean [mailto:iean.conway@ncdenr.eov] Sent: Wednesday, March 18, 2015 2:33 PM To: Brigit Flora Cc: Scott, Georgette Subject: Emailing: insp report 3-5-2015 Bridget, 1 Here are the inspection reports for Avalon and Venetian Bay sites. I spoke with my supervisor, Dan Sams and Holley Snider of CAMA and both agreed that the silt fence would not need to be removed if the county thinks it is best to leave it. Also, I t with Mr. Redford on Bartlett Ln (910-579-1686) regarding the stormwater being directed to his prope from the Suns Oaks Condominiums that we spoke about when we met last week. There are issues regarding the State St mwater per it as far as their infiltration basin maintenance and some outstanding Notice of Violations so I will pursue t those issues th ough our permitting requirements but It appears that the water being directed to his property may be the r ult of re -grading of he roadside swale on Bartlett Rd( not part of the permit) for utilities installation, (water and more.recentl , wastewater) and th runoff that once flowed toward the creek is now being directed onto his driveway and yard. I can rrange to meet you there again if you like but I think this may be better addressed through the 6unty or maybe DOT road gradin 'ssue? Not really she how I can help. Let me know wkka.tyou think. Jean Conway 910-796_Z315 Permit: SW8970515 Project: Sunset Oaks Owner: Unknown Wiro County: Brunswick Region: Wilmington Compliance Inspection Report Effective:09/23/97 Expiration: 09/23/07 Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - On -Site Representative(s): Adress: Seaside Rd City/State/Zip: Ocean Isl Bch NC 28469 Related Permits: Inspection Date: 03/10/2015 Entry Time: 02:30PM Primary Inspector: Jean Conway Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: ® State Stormwater (See attachment summary) Phone: Exit Time: 03:001 M Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SW8970515 Owner -Project: Unknown Wiro Inspection Date: 03/10/2015 Inspection Type Compliance Evaluation Reason for visit: Routine Inspection Summary: Permit expired on Sept., 23, 2007. Two Notice of Violations with intent to enforce were sent (6-10-2008 and 1-5-2009) for Failure to operate and maintain system and Failure to renew permit. No follow up found if i file. File Review Yes No NA NE 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? ❑ ❑ 0 ❑ Comment: Permit EXPIRED September 23, 2007. NOV sent June 10 2008 and January 5 2009 No renewal request in file. No follow up found in file. 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? ❑ ❑ ❑ Comment: Unable to evaluate due to heavily overgrown shrubs and trees 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 ❑ ❑ ❑ DWQ upon request? Comment: No maintenance observed on infiltration basin or the basin has not been constructed - unable to determine due to overgrown vegetation. page: 2 NOTICE TO REGISTERED AGENT: Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Sunset Oaks, L.L.C. (0426675) 7290-03 Beach Dr Sw Ocean Isle Beach, NC 28469 State of North Carolina Department of The Secretary of State CERTIFICATE OF DISSOLUTION I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that Sunset Oaks, L.L.C. has been administratively dissolved pursuant to the procedure set forth in N.C. G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57C-6-03. This the 26th day of August, 2010 ��MIM�M/ Elaine F. Marshall Secretary of State Document Id: C201023 8083 92 H�� d Pane L 30 :� 1 $0 k�s (Xo6�HcA lac , lie-t r`Y� 1 �' e'►�c ere-lrn ° Sin . 7) �, z�� At �ell �� �/t, 9 f v 10 0( ' 4�1 j lallm� o i %Z'O a d')a •w,ci Hammers, Angela From: Hammers, Angela Sent: Monday, August 17, 2009 8:42 AM To: 'Daniel' Subject: RE: paperwork Attachments: 970515.jan09.doc; 970515pdf.dec08.pdf Mr. Hopkins, I am scmewhat confused by your message. From our meeting last winter, it was my understanding that the Sunset Oaks Garden Homeowners Association was planning to conduct vegetative management on and around the infiltration basin in coordination with the Permittee, Mr. William Taylor. In an attempt to bring this stormwater permit into compliance, I wanted to check with you as to the status of that action prior to my re - inspection of the system. I have attached a copy of the latest notice of violation and inspection report for SW8 970515, Sunset Oaks Condominiums. Please let me know the standing of the SOGHOA in regards to renewing the stormwater permit (expired 09/23/07)and the maintenance required to bring this infiltration basin into compliance. DWQ realizes that the Permittee responsible for the Stormwater permit is Mr. William Taylor of Sunset Oaks, LLC, however, it the goal of DWQ to bring the system into compliance to work effectively as permitted. I will be in the field for a portion of today, but if you would like to discuss this, you can leave me a message or contact me tomorrow afternoon, when I will be in the office and near my phone. Thank you for your time and efforts in working with me on this issue. Sincerely, Angela Hammers -----Original Message ----- From: Daniel [mailto:daniellee@atmc.net] Sent: Saturday, August 15, 2009 1:24 PM To: angela.hammers@ncmail.net Cc: Stephanie Beauchaine; Kirk Robertson Subject: paperwork Angela, It was good to hear from you about the follow-up we talked about during your inspection and review with myself and Bookie Taylor. My concern at this time is that I had asked you to send me ( as president of SOGHOA ) any and all paperwork related to the subject of your inspection/review. I have received nothing at this time, and do expect you to follow through with your responsibility. Thank you, and I look forward to your response. Daniel Hopkins President - SOGHOA 1 January 5, 2009 Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 January 5, 2009 NOV-2008-PC-0396 CERTIFIED MAIL #7008 1140 0002 9562 1114 RETURN RECEIPT REQUESTED William Taylor, President Sunset Oaks, LLC 7290-3 Beach Drive S.W. Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION WITH INTENT TO ENFORCE Sunset Oaks Condominiums Stormwater Permit No. SW8 970516 Brunswick County Dear Mr. Taylor: On October 1, 2007 and December 16, 2008, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Seaside Road in, Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 970515, issued to you on September 23, 2007. The project has been found in violation of Stormwater Permit Number SW8 970515, issued pursuant to the requirements of 15A NCAC 21-1.1000. The violations found are: Failure to provide the operation and maintenance necessary to operate the permitted stormwater management system at optimum efficiency. On the day of the inspection the infiltration basin appeared to be a basin with standing water and significantly overgrown with dense woody vegetation. It also appeared that yard debris and trash had been deposited in the infiltration basin. 2. Failure to renew State Stormwater Permit Number SW8970515.On September 23, 2007 this permit expired. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. On June 6, 2007 this office sent you a letter requesting renewal. The letter requested that you complete and submit the renewal application that was enclosed with it. As of this date, this office has not received a renewal application for this project. 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 February 5, 2009. Page 1 of 4 January 5, 2009 Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 2. Remove all woody vegetation, trash and yard debris from the basin, stabilize and reseed the slopes with a approved vegetation and have the system recertified once the required maintenance has been completed. 3. Submit the accompanying renewal package. Failure to provide the Plan of Action by February 5, 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. If you have any questions concerning this matter, please call Angela Hammers at (910) 796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality GS\akh: S:\WQS\STORMWAT\NOTICE\970515.jan09 cc: Phil Norris, P.E., (Andrew & Kuske Consulting Engineers, Inc.) Brunswick County Inspections Town of Sunset Beach Angela Hammers John Hennessey — NPS-ACO Unit Central Office Page 2 of 4 January 5, 2009 Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 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 Brunswick County Building Inspections Page 4 of 4 January 5, 2009 Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 Sunset Oaks Condominiums Page 1 of 2 Brunswick County Stormwater Project No. SW8 970515 Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / 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 Compliance Inspection Report Permit: SW8970515 Effective: 09/23/97 Expiration: Owner: Unknown Wiro Project: Sunset Oaks County: Brunswick Seaside Rd Region: Wilmington Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - On -Site Representative(s): Related Permits: Inspection Date: 12/16/2008 Entry Time: 12:30 PM Primary Inspector: Angela K Hammers Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: Q Compliant ® Not Compliant Question Areas: State Stormwater (See attachment summary) Ocean Isl Bch NC 28469 Phone: Exit Time: 01:00 PM Phone: 919-796-7215 Ext.7317 Inspection Type: Stormwater Page: 1 Permit: SW8970515 Owner - Project: Unknown Wiro Inspection Date: 12/16/2008 Inspection Type: Stormwater Reason for Visit: Follow-up Inspection Summary: I observed approximately 40 feet west of the catch basin with baffle wall a steep embankment with no obsevable rip rap draining into water. This water had a significant amount of algae covering the surface and appeared to be setting more than 6 hours as permitted as drawdown time for the basin. Entire basin is overgrown with shrubs, trees and vines. Yard waste and grass clippings have been dumped in the basin area. This permit has expired as of September 23, 2007. No renewal request has been received by DWQ. A Notice of Violation with Intent to Enforce was mailed certified on June 10, 2008. Inspections were conducted on October 1, 2007 and June 6, 2008. A Permit renewal letter and packet was mailed on June 6, 2008. Page: 2 Permit: SW8970515 Owner - Project: Unknown Wiro Inspection Date: 12/16/2008 Inspection Type: Stormwater 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: Engineer Certification dated September 23, 1997. 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: cIA1 AA --..-..--- 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? Reason for visit: Follow-up Comment: Approximately 40 feet west of the catch basin with baffle wall was a steep embankment with no obsevable rip rap draining into water. This water had a significant amount of algae covering the surface and appeared to be setting more than 6 hours as permitted as drawdown time for the basin. Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ Yes No NA NE ❑❑❑■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ 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 ❑ ❑ ❑ ■ upon request? Commen �t: Entire Basin is overgra n with shrubs, trees and vines. Ward waste and grass clippings have been dumped in the basin area. Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: This permit has expired as of September 23, 2007. No renewal request has been received by DWQ. Other WQ Issues Is the site compliant with other water quality issues as noted during the inspection? Comment: V - K1- 41A \IC ❑ ■ ❑ ❑ ❑❑❑■ Page: 3 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 January 5, 2009 NOV-2008-PC-0396 CERTIFIED MAIL #7008 1140 0002 9562 1114 RETURN RECEIPT REQUESTED William Taylor, President Sunset Oaks, LLC 7290-3 Beach Drive S.W. Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION WITH INTENT TO ENFORCE. Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: On October 1, 2007 and December 16, 2008, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Seaside Road in, Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 970515, issued to you on September 23, 2007. ■ Complete items 1, 2, and & 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 mailpiece, or on the front if space permits. I ,Article Addressed to.- 172lJ-�� 2. Article Number (rransfer from serv/ce ►abeq i 7 0 0 8 nn "'ill 00 r 1, February2004 ru LnEr Paetage $ ru C3 O Cl O ri ra CO 0 O r%-- ram,..-. 4 Kh amber SW8 970515, issued Co )ns found are: A. Signature 'cessary to X ` ❑ Agent Lem at optimum efficiency. On B. Received Addressee `red to be a basin with M �PC�N, �) Date of Delivery ,.1 lca. l ` )se woody vegetation. It also D. Is deliv address different from item t7 ❑ Yes sited in the infiltration basin. If YES, enter delivery address below: ❑ No W8970515. BAN 0 8 2009 SA NCAC H -11000 (the tember y,� mit renewals shall be nit and must be accompanied 13 R o `�"A°�— 00. On June 6 2007 this office 13 Insured Mail ❑co R�'� D`Merd'andise'uested that you complete and 4. Restricted Delivery? (Eft Fee) E3Yes Nith it. As of this date, this 1140 0002 9562 111.4 I is project. Domestic Return Receipt 102595-w-M-1W Action" which outlines the actions you will take to a time frame for completion of those actions, on or No n" Caro�n a dC4 a Yxtension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service terquality.org Fax (910) 350-2004 1-877-623-6748 1 Employer - 50% Recycled110% Post Consumer Paper UNITED STATES POSTAL SERVICE COASTAL CAROLINA :Ap • Sender: Please print your name, address, and ZiPv44ri1his box NC DENR - Division of Water Quality Surface Water Protection Section 127 Cardinal Drive Extension Wilmington, NC 28405 Itl itiTt llfltl�iltitl!!!I�l1!! tl � !!!f tl114,r, it tfi x Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Maile. ■ Certified Mail Is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for aduplicate return receipt, a USPSe postmark on your Certified Mail- receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized s ent. Advise the clerk or mark the mailpiece with the endorsement "Restricted1elivery' ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r T January 5, 2009 NOV-2008-PC-0396 CERTIFIED MAIL #7008 1140 0002 9562 1114 RETURN RECEIPT REQUESTED William Taylor, President Sunset Oaks, LLC 7290-3 Beach Drive S.W. Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION WITH INTENT TO ENFORCE Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: Coleen H. Sullins Director Division of Water Quality On October 1, 2007 and December 16, 2008, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Seaside Road in, Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 970515, issued to you on September 23, 2007. The project has been found in violation of Stormwater Permit Number SW8 970515, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to provide the operation and maintenance necessary to operate the permitted stormwater management system at optimum efficiency. On the day of the inspection the infiltration basin appeared to be a basin with standing water and significantly overgrown with dense woody vegetation. It also appeared that yard debris and trash had been deposited in the infiltration basin. 2. Failure to renew State Stormwater Permit Number SW8970515. On September 23, 2007 this permit expired. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. On June 6, 2007 this office sent you a letter requesting renewal. The letter requested that you complete and submit the renewal application that was enclosed with it. As of this date, this office has not received a renewal application for this project. 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 February 5, 2009. _ o,"" Carona N�vatura North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Wilmington Regional Office Internet: www.ncwatergualitv.org Fax (910) 350-2004 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper Customer Service 1-877-623-6748 January 5, 2009 Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 2. Remove all woody vegetation, trash and yard debris from the basin, stabilize and reseed the slopes with a approved vegetation and have the system recertified once the required maintenance has been completed. 3. Submit the accompanying renewal package. Failure to provide the "Plan of Action" by February 5, 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. If you have any questions concerning this matter, please call Angela Hammers at (910) 796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality GS1akh: S:IWQSISTORMWATINOTICE1970515.jan09 cc: Phil Norris, P.E., (Andrew & Kuske Consulting Engineers, Inc.) Brunswick County Inspections Town of Sunset Beach Angela Hammers John Hennessey — NPS-ACO Unit Central Office .� ,1,40 Page 2 of 4 Compliance Inspection Report Permit: SW8970515 Effective: 09/23/97 Expiration: Owner: Unknown Wiro Project: Sunset Oaks County: Brunswick Seaside Rd Region: Wilmington Contact Person: William Taylor Title: Directions to Project: West side of SR 1162 (Seaside Road) Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - On -Site Representative(s): Related Permits: Inspection Date: 12/1612008 Entry Time: 12:30 PM Primary Inspector: Angela K Hammers Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Ocean Isl Bch NC 28469 Phone: Exit Time: 01:00 PM Phone: 919-796-7215 Ext.7317 Inspection Type: Stormwater nl C"L/,;+Kk , 76jrt4, e4 Ave✓ og d u- Ob y. d` It /.Iyit Page: 1 Permit: SW8970515 Owner - Project: Unknown Wiro Inspection Date: 12/16/2008 Inspection Summary: Inspection Type: Stormwater Reason for Visit: Fallow -up I observed approximately 40 feet west of the catch basin with baffle wall a steep embankment with no obsevable rip rap draining into water. This wafer had a significant amount of algae covering the surface and appeared to be setting more than 6 hours as permitted as drawdown time for the basin. Entire basin is overgrown with shrubs, trees and vines. Yard waste and grass clippings have been dumped in the basin area. This permit has expired as of September 23, 2007. No renewal request has been received by DWQ. A Notice of Violation wit Intent to Enforce was mailed certified on June 10, 2008. Inspections were conducted on October 1, 2007 and June 6, 2008. A Permit renewal letter and packet was mailed on June 6, 2008. Page: 2 Permit: SW8970515 Owner - Project: Unknown Wiro Inspection Date: 12/16/2008 Inspection Type: Stormwater Reason for Visit: Follow-up File Review Yes No NA NE Is the permit active? 0 ❑ 0 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: Engineer Certification dated September 23, 1997. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ W 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 Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ ■ ❑ ❑ Are the inlets located per the approved plans? ❑ ❑ ❑ 0 Are the outlet structures located per the approved plans? ❑ ❑ ❑ Comment: Approximately 40 feet west of the catch basin with baffle wall was a steep embankment with no obsevable rip rap draining into water. This water had a significant amount of algae covering the surface and appeared to be setting more than 6 hours as permitted as drawdown time for the basin. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: Entire basin is overgrown with shrubs, trees and vines. Yard waste and grass clippings have been dumped in the basin area. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ■ ❑ ❑ Comment: This permit has expired as of September 23, 2007. No renewal request has been received by DWQ. Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ ■ Comment: Page: 3 � •• rat � 1� _ � � yam,[ e `\- k`+ .;�� yr�� . •,y�,_ !9 �� :} t p' n r� � a' - -' � r: fir•, T � ''r'�;, y:f� x�=� ' - ' ' ~•� '! rya. •�.� _ 1 ,, * ; y�G 'x• s +..t a � � � I '}4vir Y� � Y� ,�y �..n �y ��� r• Jlb „�ii`` r�' G s +�. ��,r +'x • '"l 't i3e' !y !'.}r, ' ,+�•rr `ir .1 � r r � �' I. ,� �� .y�,fp � i� ' �•/v r• •1 _ - •'f f�' r,� }•qqq '�I - ]i ; Ilk LL - •' L;i�i4 •,. Ny ,x � Y ji f J,�o $ � a 1:, T .' .. .'� yy ' �• �w,� � t �` `["' � ^4�i i� - % LTG i � '', t��r �.�. _ - �! �� �,, .a � • } � i _,l9�f .'Y• � {'�'� �= L' .Y =y-w �K - 1F �h ��y� j p.-`�'{ tv.�lr-7s• .I �, ���.�tf1�� 1' ' �• •4•~ � . - _ +��;�- ' F j }! 1. S. �•r '! �" r �:�� '' " 1. ti ._"'S. t,.:.� =4a LAW �l.', fC 'j!i'; •� - -_ 'a ." �,� •, �. I ` r� m � �� � �' � � �: � rr�L• is �., a ` .. North Carolina Secretary of State Page 1 of Elaine F .Mars ifi1 er tary CORPORATIONS Corporations Home Search By Corporate Name Search For New Corporation Search By Registered Agent Important Notice Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers . Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE 1320 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page N€arth Cardina IEPAIRI ENT of n-m :SECRETARY 0 F Z3 TATIE PC Bic 29622 Raleigh, NC 27 6-0622 (919)807-ZDO3. Date: 12/18/2008 Click here to: View Document Filings I Sign Up for E-Notifications 1 Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC Sunset Oaks, L.L.C. Legal Limited Liability Company Information SOSID: Status: Data Formed: Citizenship: State of Inc.: Duration: Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: 0426675 Current -Active 5/9/1997 Domestic NC APR 2002 Taylor Sr, William F 7290-03 Beach Dr Sw Ocean Isle Beach NC 28469 7290-03 Beach Dr Sw Ocean isie Beach NC: 28469 7290-03 Beach Dr SW Ocean Isle Beach NC 28469 Principal Mailing Address: 7290-03 Beach Dr SW Ocean Isle Beach NC 28469 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=5010448 12/18/2008 0' O Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 10, 2008 NOV-2008-PC-0396 CERTIFIED MAIL #7007 0220 0000 8222 7344 RETURN RECEIPT REQUESTED William Taylor, President Sunset Oaks, LLC 7920-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION WITH INTENT TO ENFORCE Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: Coleen H. Sullins, Director Division of Water Quality On October 1, 2007 and June 6, 2008, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Seaside Road in, Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Store water Permit Number SW8 970515, issued to you on September 23, 200Z ►9?7 C� The project has been found in violation of Stormwater Permit Number SW8 970515, issued pursuant to the requirements of 15A NCAC 21-1.1000. The violations found are: 1. Failure to provide the operation and maintenance necessary to operate the permitted stormwater management system at optimum efficiency. On the day of the Inspection the infiltration basin appeared to be overgrown with dense woody vegetation. It also appeared that yard debris and trash were being deposited in the infiltration basin. 2. Failure to renew State Stormwater Permit Number SW8970515. On September 23, 2007 this permit expired. Section .1003(h) of 15 A NCAC 2H .1000 (the -L---- --•-- -• •1,,,.� „-no +ha+ annficatinns for hermit renewals shall be emit and must be accompanied SENDER. COMPtETE THIs sa-77107 COMPLETE MIS SECTION • `J0. On June 6, 2007 this office ■ Complete items 1, 2, and 3. Also complete A. Signature jested that you complete and item 4 if Restricted Delivery is desired. ❑Agent with 'it. As of this date, this ■ Print your name acid address on the reverse X so that we can retarn the cans to you. ❑ Addressee 4�is project. ■ Attach this card ttj the back of the mailpiece, B. Receive by (Printed Name) Date or�f Delive or on the front if space permits. � �< 1. Article Addressed to: W rn z 1 ay I o c , Pres i A e,,-r Sun s e �- Oa K 5. LL C 9RZO-3 E!>eetch -Dr• SLi oceam ZS IC. 6,eac� , nc. -.$c-460j D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No he actions you will take to letion of those actions, on or J. Service Type Acertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ G.O.D. 14. Hestricted Delivery? (Extra Fee) 13 Yes 2 Article Number _. (Transfer from seMce ?abeq - 7007 0220 0 0 0 0 8222 7344 Phone (910) 796-7215 Fax (910) 350-2004 PS Form 3811, February 2004 Domestic Return Receipt 1o25s5-02-M-1540 „n .4... �Fp.. �.................. _ .._.._.. _ � _, _ her Paper Customer Service 1-877-623-6748 0 UNITED S�q E SAL AIR ran:: a.a. • Sender. Please print your name, address', and ZIP {his box • yea.... NC 0EIV12 - Division of Water Quality Surface Water Protection Section 127 Cardinal Drive extension WiItnington. NC 28405 raeo }fri1l1,1tfit dtlHIM 11tittfill IItJ111,08fit Stlif��)ft�lltt�' Postal CERTIFIED MAIL-. RECEIPT momestic mau only; No Insurance Coverage Providedl m �CIAL US ruPostage $ d Q C Angled Fee R9turn Receipt Fee ,n 2 1 `{ M (Endorsement Required) p{ - 2 .1iSn C3 Restricted Delivery Fee fl (Endorsement Required) ru NO Total Postage & Fees [%- S�egI N J O Street Apt. No.; f r+ or PO Box No. '! R ZQ -------- ---0.G%1 t_-I,_ 5 - ------------ Ci State, ZIP+4 --- -------- Ceara =s(= cash nc. a8410 M1 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 June 10, 2008 NOV-2008-PC-039E CERTIFIED MAIL #7007 0220 0000 8222 7344 RETURN RECEIPT REQUESTED William Taylor, President Sunset Oaks, LLC 7920-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION WITH INTENT TO ENFORCE Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 Brunswick County Dear Mr. Taylor: On October 1, 2007 and June 6, 2008, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Seaside Road in, Brunswick County, North Carolina. The inspection was performed to determine the status of compliance with Story ,+hater Permit Number. SW8 970515, issued to you on September 23, 20K. ) 947 The project has been found in violation of Stormwater Permit Number SW8 970515, issued pursuant to the requirements of 15A NCAC 21-1.1000. The violations found are: 1. Failure to provide the operation and maintenance necessary to operate the permitted stormwater management system at optimum efficiency. On the day of the inspection the infiltration basin appeared to be overgrown with dense woody vegetation. It also appeared that yard debris and trash were being deposited in the infiltration basin. 2. Failure to renew State Stormwater Permit Number SW8970515.On September 23, 2007 this permit expired. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at 505.00.On June 6, 2007 this office sent you a renewal request letter. The letter requested that you complete and submit the renewal application that was enclosed with it. As of this date, this office has not received a renewal application for this project. 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 July 10,2008.. North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Wiltnington Regional Offioe Internet: wwwamateratiality.org Fax (910) 350-2004 An Equal OpportunitylAiflrm4ve Action Employer— 50% Recycled110% Post Consumer Paper ,�,o�'Caro�ina _Jyutmffl,, Y Customer Service 1-877-623-6748 June 10, 2008 Sunset Oaks .Condominiums Stormwater Permit No. SW8 970515 L._ 2. Remove all woody vegetation from the basin, stabilize and reseed the slopes with a approved vegetation and have the system recertified once the required maintenance has been completed. 3. Submit the accompanying renewal package. Failure to provide the "Plan of Action" by July 10,2008, 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 Brunswick 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 ely, Ed eck Regional Supervisor Surface Water Protection Section ENB1dwc: S:IWQSISTORMWATINOTICE1970515.jun08 cc: Phil Norris, P.E. Brunswick County Building Inspections David W. Cox John Hennessey - NPS-ACO Unit Central Office �/J t P-1 oift Page 2 of 4 June -10, 2008 Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 Sunset Oaks Condominiums i of 2 Brunswick County Stormwater Project No. SW8 970515 Designer's Certification Page I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / 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 June 10, 2008 Sunset Oaks Condominiums Stormwater Permit No. SW8 970515 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. r, 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 Brunswick County Building Inspections Page 4 of 4 M e Permit: SW8970515 Project: Sunset Oaks Owner: Sunset Oaks LLC County: Brunswick Region: Wilmington Compliance Inspection Report Effective:09123!97 Expiration: OV23.'07 Contact Person: William Tayla- Title: Directions to Project: VV,st side of SR 1162 Seaside Road) Type of Project: State Stormwater - Innitrat€on System Drain Areas: 1 - On -Site Representative(s): Related Permits: Adress: S-:aside "d City/State/Zip: Oce°;n L? Bch NC Z 46S Inspection Date: 06/0612008 Fntry Time: 01:45PM Primary Inspector: Pat Durrett: -1NARO Secondary inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ME, Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Phone.: Exit Time: 02:00PI.1 Phone: Inspection Type: Compliance Evalua_ion page: 1 pe, n it: SW8970515 Owner - Pre3c•ct: Sun^-r+ Oa::s U.0 Inspection Date: C-5/c: 120Ca Inspection Type com; !..c<: Evaluat4ri R.:ason for Visit: Fofi r:-up irY.rpection Swr.mary: S,.e previous inspection, no changes in compliances status. DVVC File Review Yes No NA NE Is the pe,m: ac',.ve? ❑ ❑ ❑ ❑ Signed Cory cif the Eng +) -:�e is certi! cai on is in We ❑ ❑ ❑ Signed copy of the Clpeatioa a F:1 ir:; ;,once Agi _emec: i-, in ti;a fiL? ❑ ❑ ❑ ❑ Copy of the recorder; deed restrictions is in ti:e fle? ❑ ❑ ❑ ■ Comment: Built Upon Area Yes_NO NA NE IF the sit,, BUA construczad ar; per the pormft and.approvul pian;;? ❑ ❑ ❑ E Is the drainage, area os per :ire permit and approved PlEms? ❑ ❑ ❑ Is the BUoi (as Permitted) grzded such that the runcff drains to the system? ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW mr;anures constructed as per the approved plans? ❑ ❑ ❑ ❑ Are the inlc-t 3 located per the +pprov -d plans? ❑ ❑ ❑ ❑ Are the outle± structures located per the epproved plans? ❑ ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ K ❑ ❑ Are the SW BMP inspection and maintenance records complete and available fc. review or provided to ❑ M ❑ ❑ DWQ upon ; e quest? Comment: No change in compliance status Other Permit Conditions Yes No NA NE Is the site compliant with other condition: of the permit? ❑ ❑ ❑ Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water qualfty issues as noted during the inspection? ❑ ❑ ❑ Comment: page: 2 r.� UN 19 �r0 W ZZ LU LU m S LU H g V! LU H w .� i f� CD �' zlfn ❑ ❑ ❑ ❑ ❑ ❑ �i ❑ �i ❑ ❑ �i rn o Q I ❑ ❑ ® ❑ ❑ ❑ ❑ ® ❑ ❑ ® ❑ Ev fo Cni �r> 0*1 x °�° ��® Lu ® ® ❑ ® ® ® ❑ ❑ ❑ LU ® yg L �I ❑ ❑ El C Ln ❑ O .N .. Ln z :p fG C >` CDca c m to cn 00 No 0 w r +12 O Ln ❑ O e ZZM +_+ fY f 0 !n V EC:) C aa_j `° aei s 0 c }., cu C7� (v C O C E m U N i ate-+ ❑ V1 Q d 4J N a-+ O e d a LIJ 0 (Dig N N � c cn o af°i a E V � `~ }' 4 P -v c ¢ 3 N o c N ®p a N ca. El c c m n ° c N e L c0 N C v% a❑❑ LLJ a oO u t N N > Vv 0 �� E .� � c � `� Mn .. i o c o � a to cu 4 N Q ate-+ N M ,r O Ln L C � L [n L OV Y@ J -e � a, E o V a Z LU O to cn i fa VOVLn N -+ O cn cNO V L e ry o o ca co -se - rn a m N 'i LA+ 2 LU >. >. N 2 O i U U N O cn aU +.+ a a L m O cLp L Z a .¢ a O Y v' Q c C >� cA cc S � + o 0 +_� 0cn 0 > ui N o cLc _ ai fu _ cii o e� '0 E a 4-J z Q ¢ ¢ LU o m ¢ H Q H cC `� N ❑ LU FI Ci U u LL %,-Io Lu 2: cT ,--i c-i r+i Uil + 4 N M v Ln %6 I< o6 6 zl ❑ ❑ ❑ ❑ ❑ z ❑ z ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a I ❑ ® ❑ ❑ ® ❑ ® ❑ ® ❑ ® ® ® ® ® ® ❑ °1 ® ❑ ® ® El ❑ El ❑ El® ❑ ❑ ❑ ❑ ❑ El aU t Ln .c cu rn fn L U to .c a� 2 a 2 m VA a� 0 C_ cr Q r-I t: v� E U > .O C CL a� a� L Q1 -c fa f0 c a) E > fa 0- CD E a ,4 N a) C -a aU E L au fz c a) a) U fC a L N N O C O U 5U ra c au E 0 Cd N N vi Im .Q' cn a) Q m N C M N Li In c O L fu c O L a a� a� t O C. a) t -o c 0 -c O 2 Ln En a) C ff3 c a; Ln N B IA ;A 4+ c W { C tjr � Permit: SHl8970515 SOC: County: Brunswick Region: Wilmington Compliance Inspection Report Effective: 09/23/97 Expiration: 09/23/07 Owner: Sunset Oak_ 1-LC Effective: Expiration: Facility: Sunset Oaks Seaside Rd Contact Person: ft'm Taylor Directions to Facility: We::,t side, of SR 1162 (Scvside Road) System Classifications: Prurviry ORC: Secondary ORC(s): On -Site Representativels): Related Permits: Title: Inspection Date: 10/01/2007 Entry Time: 05:55PM Primary Inspector: Pat Durrett - WARO Secondary inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwate: Facility Status: ❑ Ccmpliant L Not Compliant Question Areas: 0 Miscellaneous Questions Misc (See attachment summary) Ocean Isl Bch NC 28464 Phone: Certification: Phone: Exit Time: 06:45PM Phone: Inspection Type: Stormwater Page: 1 Pnrmit: Wv ,70515 Owner - Facility: Sunset Oaks LLO Incpection Date: 10101/2007 Inspection Typ,a : Reason for Visit: Routine Inspect;cn Surnmary: Tms fol;owing items of concern were noted during the file review and site visit: 1. Ti-a infiltration basin is 7io overci,own tl^at no access could be made to determine it's intecgrily. access could not be made to either the inW catch basin, the infi;tration basin or the veg�.tated filter. 2. Poniomof the area were being used as a yard waste, grass clippings and such dump. This is not allowed. 3. TiiiS SITE SHOULD BE CLEARED AND RETURNED TO t,RIGINAL DESIGN SPECIFICATIONS. 4. THE PERMIT E)KPIRED ON SEPTEMBER 23, 2007 AND A RENEWAL REQUEST HAS NOT BEEN RECEIVED TO DATE. Page: 2 Permit: S"'2&-'7051S Inspection Date: I.W0112C97 Mlsc Is the fcility compliant? Owner - Facility: SL`lset Oaks. U_C Inspection Type : Stormwa'.•;r Comment: See comments under summary tab Reason for Visit Routir_• Yes No NA NE ❑■❑❑ Page: 3 O� \WA`T�� Michael F. Easley, Governor moo,.' r, William G. Ross Jr., Secretary R t— North Carolina Department of Environment and Natural Resources 0` ^C Alan W. Klimek, P.E. Director Division of Water Quality June 6, 2007 Mr. William Taylor, President Sunset Oaks, LLC 7290-3 Beach Drive SW Ocean Isle Beach, NC 28469 Subject:: Stormwater Permit No. SW8970515 Sunset Oaks Condominiums Brunswick County Dear Mr. Taylor: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8970515 to Sunset Oaks LLC for an infiltration system to serve Sunset Oaks Condominiums on 9/23/1997. This permit will expire on 9/23/2007. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact staff in the stormwater group at 910-796-7215. y r S020r`ely, _ Ed Beck, Regional Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office North Carolina Division of Water Quality Internet: www riewaterqualitv.ore �TOne 127 Cardinal drive Extension Phone (910) 796-7215 1V OfthCarOhna Wilmington, NC 28405 Fax (910) 350-2004 naturally An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper L Driving Directions from 127 Cardinal Drive Ext, Wilmington, NC to 7406 Bartlett Ln, Su... Page 1 of 2 -: MAP'�1d�ST. Start: 127 Cardinal Drive Ext Wilmington, NC 28405-5406, US _ End: 7406 Bartlett Ln c�11 Sunset Beach, NC 28468-6206, US Notes: Only text visible within note field will print. Directions Distance Total Est. Time: 1 hour, 8 minutes Total Est. Distance: 51.87 miles _ 1: Start out going NORTHWEST on CARDINAL EXTENSION DR toward 0.1 miles MARKET ST / US-17 BR. 2: Turn LEFT onto US-17 BR / MARKET ST. w�sr 3: Turn RIGHT onto US-74 W / MARTIN LUTHER KING IR PKWY. 7J4 R4: Merge onto NC-133 S toward WHITEVILLE. 06 1 5: Turn LEFT onto US-17 S / US-421 S / NC-133 S. Continue to follow US- 17 17 S. mrsr 6: Merge onto US-17 S / OCEAN HWY E / THOMAS ] HARRELSON HWY 17 toward SHALLOTTE / MYRTLE BEACH. AL\ 7: Turn LEFT onto NC-904. 8: Stay STRAIGHT to go onto SEASIDE RD SW. 9: Turn RIGHT onto BARTLETT LN. 10: End at 7406 Bartlett Ln ® Sunset Beach, NC 28468-6206, US ��� 1 Total Est. Time: 1 hour, 8 minutes Total Est. Distance: 51.87 miles 0.4 miles 5.3 miles 0.6 miles 3.7 miles 37.5 miles 3.6 miles 0.4 miles <0.1 miles Mai kv debi 15 http://www.mapquest.comldirections/main.adp?do=prt&mo=ma&2si=navt&un=m& 1 ffi=1... 9/26/2007 Driving Directions from 127 Cardinal Drive Ext, Wilmington, NC to 7406 Bartlett Ln, Su... Page 2 of 2 Can Arradla lle Deko h*fie tif�Vaoearrtat�° `� rt .. I [94dj Taikwr City aea ��• `�j� Lar15� n • ra ^Old Crock � U Nak ir►a !pireYuay C �T H'Wer+. Reach 1yr, _ Ie.[t. v v � sway 14orth Myrtle Beach AV Hill Briarcliffe Ares yZUSY7 ht�NQuust ]Pp Start: 127 Cardinal Drive Ext Wilmington, NC 28405-5406, US ,02007.. �Castae Hahne Cal �71 75� <- w Seagate,Masonbo ,a#� Silver Lake. ia 4Q I,13 ! ' Myrtle Grove a4a t Carolina Beach jaLakna t21�1� 4� Kure Beach Long Reach Southport Affdn[rc Ocean 0 1600 m 4800 ft . 1!�lYfiq�lt�l Inc. Map Datc V2007 NAVTEQ or Coul ciui Map Cara -eat VApOuc llnc r+r ANf1 End: 7406 Bartlett Ln Sunset Beach, NC 28468-6206, US MAP1kUf "S T. 5e# Tito Prantatron 1600 m Q -000 ft err= . Course _ ' Wit I- J •. A9` Piro Is1aild d . . — .2Gt177 fMapCuest Inc. Mlp Data 024107 N*.VI*Q a( AND All rights reserved. Use Subject to License/Copyright These directions are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt&un=m& 1 ffi=1... 9/26/2007 tv. C1!-rAy/fy, W (q lo) #f (3 — '-?- :7-7-5 J,M A PP.Et° Daniel iqa P w,-s; 1 9 3 0-?., c-1 S c&c' & _j So S r, 5 c fi 6 ca c, rj C- 2- Cal r 0) 3 i 3 -�- ��d. Zoo $ � �G � 0���