SW8030229_HISTORICAL FILE_20040311

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW��"JQAM
DOC TYPE
❑CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
ZjR&) 31�
YYYYMMDD

r Complete items 1, 2, and 3 Also complete
item 4 if Restricted Delivery Is desired
■ Print your name and address on the reverse
so that we can return the card to you
■ Attach this card to the back of the mailpiece,
or on the front if space permits
1 Article Addressed to
p {
X
❑ Agent
I B Received by (Printed Name) Date of De1very
7 ��
D Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below ❑ No
3 Service Type
IN Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C 0 D
4 Restncted Delivery? (Extra Fee) ❑ Yes
2 Article Number
(Transfer from service 7002 2410 0006 9367 9310
P5 Form 3811, August 2001 Domestic Return Receipt 102595 02 M 1540

UNITED STATES POSTAL SERVICE First -Class Mail
Postag
USPSe &Fees Paid
Permit No G-10
Sender Please print your name, address, and ZIP+4 In this box •
Statc of North Carolina
DENR
127 Caidlnal Drive Ext
Wilmington, NC 28405 (Attn Bev)
11S 4i1I1Iy1t11II%Alltlt11111111I11111iif11141 11i1A11I11111111111

0)
State Stormwater Management Systems
Permit No SW8 030229
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
E Dale Richardson
Dale Richardson Site-930 Garage Road
Boiling Spring Lakes, Brunswick County
FOR THE
construction, operation and maintenance of dry detention basin and pre-treatment
swales in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to
as the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit
This permit shall be effective from the date of issuance until March 11, 2014, and shall
be subject to the following specified conditions and limitations
I. DESIGN STANDARDS
1 This permit has been issued for built -upon area that is already constructed The
permitted stormwater treatment measures must be installed within 90 days of the
permit effective date The permit is effective only with respect to the nature and
volume of stormwater described in the application and other supporting data
2 This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet The
stormwater control has been designed to handle the runoff from 24,046 square
feet of impervious area
3 The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans
4 All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans
5 The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system A permit
modification must be submitted and approved prior to the construction of
additional built -upon area from outside of the approved drainage area
Page 2 of 8

r
State Stormwater Management Systems
Permit No SW8 030229
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name
Dale Richardson Site -Garage Road
Permit Number
SW8 030229
Location
130 Garage Road
Boiling Spring Lakes
Brunswick County
Applicant
E Dale Richardson
Mailing Address
733 Eden Drive
Southport, NC 28461
Application Date January 9, 2004
Receiving Stream/River Basin UT Boiling Spring Lake 1 Cape Fear
Stream Index Number CPF17 18-85-1-(1)
Classification of Water Body "B Sw"
Drainage Area, Acres
1 28
Onsite, ft
1 28
Offsite, ft2
0
Total Impervious Surfaces, ft2
24,046
Pond Depth, feet
1 8
TSS removal efficiency
85%
Bottom Elevation, FMSL
93
Permitted Surface Area, ft2
840@Bottom
Permitted Storage Volume, ft3
2,521
Temporary Storage Elevation, FMSL
948
Controlling Orifice
0 5" O pipe
Permitted Sediment Storage Volume, ft3
407
Page 3 of 8

State Stormwater Management Systems
Permit No SW8 030229
II SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface
2 During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately
3 The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency The approved Operation and Maintenance Plan 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 revegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and
specifications
f Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping
g Access to the outlet structure must be available at all times
4 Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ The records will indicate the date,
activity, name of person performing the work and what actions were taken
5 Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria
a The fountain must draw its water from less than 2' below the permanent
pool surface
b Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond
c The falling water from the fountain must be centered in the pond, away
from the shoreline
d The maximum horsepower for the fountain's pump is based on the
permanent pool volume The maximum pump power for a fountain in this
pond is nla
6 The facilities shall be constructed as shown on the approved plans This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data
7 Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation Any deviations from the
approved plans and specifications must be noted on the Certification A
modification may be required for those deviations
Page 4 of 8

State Stormwater Management Systems
Permit No SW8 030229
8 If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility
9 At least 30 days prior to the sale or lease of any portion of the property, the
permittee shall notify DWQ and provide the name, mailing address and phone
number of the purchaser or leasee An access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the
stormwater facilities will be restricted by the sale or lease of any portion of the
property
10 The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below
a Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area or to the
drainage area
e Further subdivision, acquisition, or sale of all or part of the project area
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
Pilling
was sought
f Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan
11 The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction If the proposed
BUA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction
12 A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction
13 The permittee must maintain compliance with the proposed built -upon area and
ensure that the runoff from all the built -upon is directed into the permitted
system
14 The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made
15 The permittee must maintain the current permitted drainage area No additional
runoff from outside of the permitted drainage area boundary may enter the
permitted stormwater facilities without first applying for and receiving a permit
modification
Page 5of8

State Stormwater Management Systems
Permit No SW8 030229
III GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate
The approval of this request will be considered on its merits and may or may not
be approved The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request
2 Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215 6A to 143-215 6C
3 The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction
4 In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems
5 The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility
6 The permit may be modified, revoked and reissued or terminated for cause The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition
7 Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual
8 Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit
9 The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days
Permit issued this the 11 th day of March, 2004
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
anW Klimek,Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6 of 8

Land Managegen t Group, Inc r
Environmental Consultants
Post Office Box 2522
Wilmington, North Carolina 28402
Telephone: 9I0--452-0001
Main Offs. ce :
Suz to 15
P. O. Box 1120
Downey Branch Office Park
504 Croatan
Street
3805 Wmghtsvzlle Avenue
Manteo, NC 27954
W12=.ngton, NC 28403
January 5, 2004
Dale Richardson
733 Eden Drive
Southport, NC 28461
Phone:
252-473-
3400
Reference Soils evaluation for the Johnson Construction stormwater project, Boiling Springs
Lake, Brunswick County
Dear Mr Richardson,
On December 22, 2003, Land Management Group, Inc completed the soil characterization for a proposed
stromwater infiltration basin serving the above -mentioned tract located off Garage Road The proposed
area contains approximately 4' of fill material over natural soils A boring was made approximately 20'
from the front property Ime along Garage Road and 40' from the existing gravel entrance to the existing
office The first layers of fill to a depth of 42" contain fine sandy loam and loamy textured soils with 2%
to 5% organics The soils above 42" contained washed sand grains The layer from 42" to 52" loamy
textured soils with 4% to 5% organics and no washed sand grains At a depth of greater than 52" the old
mucky loam soil surface was encountered and it contained greater than 5% organics The observed water
during this visit waste" The estimated seasonal high water table based on the presence of washed sand
grams is 42" These soils have an estimated infiltration rate of i in/hr to 2 in/hr
It is recommended that the soil material 2' below the proposed pond bottom be removed and replaced with
clean sand These soils have a relatively high organic content that may reduce the above -mentioned
infiltration rates These organics may also compact during the construction of the pond and further reduce
the infiltration rates
Please do not hesitate to contact me at [phone] or [phone] if you have any questions
Sincerely
! Tom Gulley
cc Steve Greer
RECEIVED
JAN 0 9 2004
DWQ
PROJ #

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of WArF9 Michael F Easley, Governor
p William G Ross Jr, Secretary
� O North Carolina Department of Environment and Natural Resources
� � Alan W Klimek, P E ,Director
Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
November 18, 2003
Mr E Dale Richardson
733 Eden Drive
Southport, NC 28461
Subject: Request for Additional Information
Stormwater Project No. SW8 030229
Dale Richardson Building Site
Brunswick County
Dear Mr Richardson
The Wilmington Regional Office received a Stormwater Management Permit Application
for the Dale Richardson Building Site on October 3, 2003 A preliminary review of that
information has determined that the application is not complete The following
information is needed to continue the stormwater review
c/ 1
FA
2
Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist
Per my return letter dated September 19, 2003, please provide the following
items
✓ a A soils report indicating that the Seasonal High Water Table is at least 1'
below the proposed bottom elevation
b Additional pavement spot elevations along the inside and outside edges to
indicate flow direction
✓ c Extend both swales far up enough to capture all of the runoff from the paved
area The eastern end of the site appears to sheet flow offsite or bypass the
collection swales See comment (b) above
d Dimension the paved areas
e A cross-section of the weir structure, which shows the plunge pool at the
orifice The only view of the plunge pool on the plan is a top view, which does
not provide sufficient information to construct the plunge pool The bottom of
the plunge pool should be below the bottom elevation, i e , lower than 93
3 The volume in the swales may not be included as part of the provided volume
The swales and dry detention basin are separate parts of the overall stormwater
treatment measure, serving different functions
4 The method your consultant has used to calculate the required 1" volume results
in a larger than required volume In order to not have to revise the system,
please look at using Schueler's method (example enclosed) Based on
Schueler's method, the minimum 1" volume is 2,036 cubic feet and the sediment
storage volume is 407 cubic feet, for a total of 2,443 cubic feet The system as
proposed could meet this minimum However, if you continue to use the method
in your calculations, the basin will need to be enlarged
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service '
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENR

Mr Richardson
November 18, 2003
Stormwater Application No SW8 030229
Page 2 of_2
t/ 5 Because the required volume under Schueler is so much smaller, the specified
0 75"0 orifice is too large Please base the orifice size only on the V volume,
excluding the sediment storage volume
6 Please delineate the 128 acre drainage area It appears that the southern part of
the lot, which has no built -upon area, will not be draining to the basin, therefore,
the drainage area may need to be reduced from the 1 28 acres reported
Please note that this request for additional information is in response to a preliminary
review The requested information should be received by this Office prior to December
18, 2003, or the application will be returned as incomplete The return of a project will
necessitate resubmittal of all required items, including the application fee
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter The request must indicate the date by which you expect to submit the required
information The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215 1 and
is subject to enforcement action pursuant to NCGS 143-215 6A
Please reference the State assigned project number on all correspondence Any
original documents that need to be revised have been sent to the engineer or agent All
original documents must be returned or new originals must be provided Copies are not
acceptable If you have any questions concerning this matter please feel free to call me
at [phone]
Sincerely,
mk_'� 4t�4a
Linda Lewis
Environmental Engineer
RSSlarl S1WQSISTORMWATIADDINFO120031030229 nov03
cc Steven B Greer
Linda Lewis

Page l of l
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Page 1 of 1
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8/28/2003

It
September 19, 2003
Mr E Dale Richardson
733 Eden Drive
Southport, NC 28461
Dear Mr Richardson
The submitted project information is being returned because it lacked the
necessary elements to process the Stormwater Management Permit application
The following information is needed to accept the application for review
❑ If using dry detention to meet the runoff requirements, the calculations
must pick one of two options as indicated in the BMP manual You either
provide storage for the 1 year 24 hour event and release it over a period of
48 hours, OR, provide storage for the 1 inch storm and allow it to draw
down over a period of 2-5 days Please refer to section 6 5 in chapter 6 of
the BMP manual for a list of the dry detention design requirements
❑ A signed and notarized Operation and Maintenance plan
❑ Add a cross-section detail of the dry detention basin to the plans, showing
the bottom elevation, 20% sediment storage zone, elevations, plunge pool
at the outlet, and 3 1 side slopes
❑ The orifice must be placed at the top of the calculated sediment storage
zone (see 6 5 of the BMP manual)
❑ A soils report indicating that the Seasonal High Water Table is at least 1'
below the bottom of the dry detention area
❑ Will the paved area have an inverted crown or a continual cross -slope
toward one side? Please provide additional spot elevations along the
inside and outside edges of the paved areas to indicate flow direction
Both swales may need to be extended up farther in order to collect from
low areas in the back
❑ Please add riprap at each inlet to the basin
❑ Please relocate the weir outlet structure to the other basin, at the far end
As proposed, runoff entering via the north swale will probably never have
the opportunity to get into the dry detention area The swales act only as
an additional polishing device to gain the required 85% TSS removal The
dry detention area area alone provides only 50%
❑ The inverts of the pipe between the swale and the dry detention area need
to be reversed
❑ Please add dimensions for the paved areas and the bottom contour of the
dry detention area

Please provide the requested information and return the package to the
address below If you have any questions, please do not hesitate to call me at
[phone]
Sincerely,
Linda Lewis
Environmental Engineer
Project Name: Dale Richardson Site
County: Brunswick County
Project Number. SW8 030229
cc
RSSlarl S. 1WQSISTORMWATIRETURN1030229 sep03

Shocked$
A - .
Subject: Shockedl
From: "TIGGER" <tigger@bcinet net>
Date: Tue, 19 Aug 2003 15 39 39 -0400
To: "Linda Lewis" <Linda Lewis@ncmail net>
Linda,
I see now your concern.
I went to that BSL site this a.m. to set a couple of property corners on the
0.98 ac. tract. This is the first time I've been on site in several months,
essentially the first time since erosion measures were becoming active.
I see now we were talking about two entirely different subjects
I was shocked to see what has been done on site Way above the initial and
permitted scope
I had no idea, please accept my apology.
contacted the owner via cel phone while there, and I wasn't a very nice
person. It went kinda like this, "You goofy !*#!"*#!, what kind of
!*"$@! are you trying to pull here! '"Linda is going to
BUST your chops!" , " And you know, she's right! and
why would you make a jackass out of me!" there were more
colorful metaphors
during the conversation
After the dust settled, he said he was as surprised as I was. It seems, the
tenant, a site contractor, whom is leasing the property, had made some
improvements he wasn't aware of either. Mr. Richardson was in the mind -set
everything was ok with everyone, until he received your letter
He was kicking back waiting for the rent checks to pour in
Now he has another problem to solve.
At the risk of being repetitious, I do apologize. I was in the mist on this one I
mean, I saved his butt on one situation, how in the world would one crawl
back into the same hole to get some morel?l
Not that you need to know, but I was embarrassed. I'm going to begin a
I of 2 8/19/2003 4 00 PM

Shocked'
response to the NOV tomorrow.
While there, additional shots (topographical) were taken so a revised plan
can be prepared to reflect DWQ requirements
Hat in hand
Steve
2 of 2 8/19/2003 4 00 PM

Latest and Greatest
Subject: Latest and Greatest
Date: Wed, 13 Aug 2003 16 31 06 -0400
From: "TIGGER" <tigger@bclnet net>
To: "Linda Lewis" <Linda Lewis@ncmail net>
Linda,
What a dayl AIC trigger switch stuck at my place, was a balmy fief inside when I got up, brrrr Time to put
on my repairman hat
Met a guy on Oak Island for a boundary survey I said "Noss, you know this is Bullet -Proof vegetation"
said, ok, you know this will take a day or two just to hack out 2 - 120' property Imes He said go for itl
guess if you want it bad, you get it bad, lol Not to mention that the client and I stomping around in the
heat and humidity, I'm sure someone would be sure to say "you guys smell like you've been shipped in
dip", Imaol
Then off to the D O T in Shallotte, then to Sunset Beach Put together a little 0 37 ac parking lot, I did
email Kevin, and asked if he needed or wanted a courtesy copy Then this Nextel radio phone has been
literally non-stop for over a hour!
OK, didnt mean to bore you I did get up with Dale Richardson He gave me authorization to proceed with
a stormwater permit application and plan revision He has a good point, you have a good point Throwing
rocks will only cause bruises Give me a couple of days to knock this survey out, wouldnt be surprised if
Tarzan swung by a time or two, lol Then I'll get on it in earnest
One thing you have to remember about me, I have a lot of class It's all low but I have a lot of it, Imaol
This will be taken care of as soon as I can humanly take care of it
My word to you
Thanks
Steve
J_1__ �Y�41'
1,
1 of 1 8/14/2003 9 25 AM

NARRATIVE OF STORMWATER MANAGEMENT PLAN
DALE RICHARDSON PROPERTY
The stormwater management plan for this site consists of using dry detention to remove
suspended solids from site stormwater runoff The basins are designed to capture the
runoff from the first inch of rainfall, then slowly time -release the stored runoff over a
period of 2-5 days Stormwater runoff from the 128 acre site will be diverted into dry
detention basins using flat grass -lined diversion swales Although parking for site is
unpaved, thereby allowing some level of infiltration, the stormwater calculations for this
site are based on a worse -case scenario in which the entire parking area is assumed to be
paved
Due to site conditions / limitations, the on -site detention will consist of two separate dry
detention basins connected by a pipe The `upstream' basin (or `swale area' as
referenced to the design calculations) will capture runoff from the north side of the
property and will provided some level of suspended solids removal through both basin
shape and the intentional setting of the basin bottom slightly lower than the connecting
pipe In the event that a storm exceeds the storage volume and/or the hydraulic capacity
of the connecting pipe, an emergency spillway is provided for the secondary basin
The runoff from the remainder of the site will be diverted in to the `downstream' basin
(referenced as `basin area' in design calculations) This runoff as well as the stormwater
from the `upstream' basin will be stored and released through a a/4 onfice For storm
events producing runoff in excess of the 1-inch storm, the additional stormwater demand
will be accommodated through a 3' primary weir in the outlet structure (Elevation 95 0')
as well as an emergency spillway (weir) for storms exceeding a 100 year design storm

Re NOV CV-2003-0300
t
Subject: Re: NOV CV-2003-0300
Date: Wed, 13 Aug 2003 09 36 32 -0400
From: "TIGGER" <tigger@bcinet nets
To: "Linda Lewis" <Linda Lewis@ncmail nets
wasnt aware of the NOV issued in February I have only seen one, dated Aug 5 This is beginning to
make a little more sense Had I been aware of this, we would have taken action a long time ago
I'll begin putting a plan together and send it in I really didnt know about any other notice Now that I am, I
can get it fixed
I totally understand what you're saying about "more than 1 acre" Owners point of view is actual site work
was 0 98 acres Maintenance and site cleanup was a different matter At any rate, I'll begin a revised plan
and get it to you a s a p
----- Original Message
From Linda Lewis
To TIGGER
Sent Wednesday, August 13, 2003 8 37 AM
Subject Re NOV CV-2003-0300
Steve
You are incorrect about the 1 acre impervious threshold The law requires that any site that
disturbs more than 1 acre of land must apply for and receive a Stormwater permit The
fact that there was only 0 98 acres of BUA makes absolutely no difference You should
know this after the Southport project
Additionally, there was a notice of violation issued by Land Quality on February 24, 2003,
which is the date referenced in the violation/enforcement letter from Rick Shiver Kevin
chose not to follow up on that violation, but the issuance of an approved SEC plan did not
address the stormwater permit requirements
Linda
TIGGER wrote
Linda, I have the pleasure of dropping you a line again This is a new scenario though,
and one that I would appreciate your help on Dale Richardson did a project in Boiling
Spring Lakes earlier this year Apparently he wasn't aware he needed a sediment and
erosion control permit The project were any impervious surfaces were being built was on
tract 1, and only 0 98 acres The balance, tract 2, of the property he cleaned up
undergrowth and cleaned out a drainage ditch The total amount disturbed crossed
the 1 acre threshold with the D L R , thus a plan was prepared, reviewed,and
approved Permit number BR-03190, March 28, 2003 However, the 1 acre threshold for
site improvement having new impervious area, tract 1, is only 0 98 acres, and thus
exempt from a storm water permit Carol Miller or Kevin Rowland, I'm sure would be
happy to discuss/show this site with you, at your office Before this gets any more
convoluted, may we discuss this, please I think this is a miss -understanding, and I on
behalf of my client, I would like to answer your questions, essentially turn off the faucet
before it becomes a flood Some of the people there, that have had the chance to work
with me, know I'm a honest person To the point of removing myself from a project once I
1 of 2 8/13/2003 9 46 AM

Re Nov CV-2003-0300
It
suspected things werent being done right Again, there is no slight of hand here I do
respect that you have a job to do, and know the pressure associated with it ThanksSteve
2 of 2 8/13/2003 9 46 AM

[Fwd N O V Dale Richardson]
a
Subject: [Fwd• N.Q.V. Dale Richardson}
Date: Mon, 11 Aug 2003 09 54 12 -0400
From: Laurie Munn <Laurie Munn@ncmail net>
Organization: DWQ Wilmington Regional Office
To: Linda Lewis <Linda Lewis@ncmail net>
Subject. N.O.V. Dale Richardson
Date: Mon, 11 Aug 2003 09 06 48 -0400
From: "TIGGER" <tigger@bcinet net>
To- "Laurie Munn" <Laurie Munn@ncmail net>
Laurie,
This is the bulk of what I sent to Kevin Rowland Saturday His response, just a few moments ago, says
that no N O V was issued from D L R , more than likely thru your section D W Q
Dale met with me Saturday, and allowed me to review a letter from Rick Shriver, dated August 5, 2003 It is
a N O V, number CV-2003-0300 In it there are several descrepencies noticed, the primary one is, why was
it issued? Your people (Sediment and Erosion Control) had originally contacted Mr Richardson that if he
would have a plan prepared, submitted, and approved on his site this would avoid him from being turned
in to the enforcement division That's when I was called in, And a plan was prepared, reviewed, and
approved Permit number BR-03190 was issued on March 28, 2003
Also, the site containing any new construction (impervious areas) is only 0 98 acres, not 2 acres as stated
The balance (site 2) was shown so we could depict areas to be stabilized and maintained as part of a
overall site maintenance operation, no impervious areas added This we have done, and even forwarded
your department pictures as proof of compliance Would you be so kind to do some "in-house"
investigation, and let me know what is going on, please
My client is confused and upset, he was (as was 1) under the impression that he had met his permit and
construction obligations as set forth on his permit And upset at the amount of money requested as a fine
for an already permitted site We have kept in contact during the stabilization phase of this project, and
complied with any and all of your requests and suggestions as quickly as humanly possible
Would you be so kind to look into this, and get back to me, please I think, I hope this original letter is in
error
Thanks
Steve Greer
Laurie Munn <Laurie Munn a,ncmail net>
Environmental Engineer 4
North Carolina Dept of Environmental and Natural Resources
NCDWQ Wilmington Regional Office
of 2 8/13/2003 8 08 AM

NOV CV-2003-0300
i
Subject: NOV CV-2003-0300
Date: Mon, 11 Aug 2003 15 50 45 -0400
From: "TIGGER" <tigger@bcinet net>
To: "Linda Lewis" <Linda Lewis@ncmail net>
Linda,
I have the pleasure of dropping you a line again This is a new scenario though, and one that I would
appreciate your help on
Dale Richardson did a project in Boiling Spring Lakes earlier this year Apparently he wasn't aware he
needed a sediment and erosion control permit The project were any impervious surfaces were being built
was on tract 1, and only 0 98 acres The balance, tract 2, of the property he cleaned up undergrowth and
cleaned out a drainage ditch The total amount disturbed crossed the 1 acre threshold with the
D L R , thus a plan was prepared, reviewed,and approved Permit number BR-03190, March 28, 2003
However, the 1 acre threshold for site improvement having new impervious area, tract 1, is only 0 98
acres, and thus exempt from a storm water permit Carol Miller or Kevin Rowland, I'm sure would be
happy to discussishow this site with you, at your office
Before this gets any more convoluted, may we discuss this, please I think this is a miss -understanding,
and I on behalf of my client, I would like to answer your questions, essentially turn off the faucet before it
becomes a flood
Some of the people there, that have had the chance to work with me, know I'm a honest person To the
point of removing myself from a project once I suspected things werent being done right
Again, there is no slight of hand here I do respect that you have a lob to do, and know the pressure
associated with it
Thanks
Steve
1 of 1 8/13/2003 8 37 AM

Re BSL
Subject- Re: B.S.L.
Date: Tue, 12 Aug 2003 13 56 52 -0400
From- Kevin Rowland <Kevin Rowland@ncmail net>
To: TIGGER <tigger@bctnet net>, lmda lewis@ncmail net, laune munn@ncmatl net,
carol mtller@ncmail net, dan sams@ncmail net
Steve,
I cannot help you on this issue since Stormwater issued the NOV The Stormwater Section has their
own regulations and guidelines to which I am not familiar with I would urge you to contact Linda
Lewis or Laurie Munn on this matter since the NOV came from their division and section I will CC this
message, that I am sending you, to Linda Lewis as well as Laurie Munn
Kevin
TIGGER wrote
Kevin, I guess what I'm hoping for is that you guys can give Linda some clarification regarding this
NOV Essentially the built upon site is 0 98 acres, and the balance of Richardson's site as depicted on
the plan shows additional repair, graphically, for D L R purposes The plan clearly states "Tract 1 and
Tract 2" Thanks, if you can help Steve
Kevin Rowland <Kevin RowlandRincmail net>
Environmental Tech V
I of 1 8/13/2003 9 08 AM

NOV
Subject: NOV
Date: Wed, 13 Aug 2003 08 25 05 -0400
From: "TIGGER" <tigger@bcinet net>
To: "Linda Lewis" <Linda Lewis@ncmatl net>
Linda,
Thanks for getting back to me so early in the morning
I'll get application together and do a re -do on plan His position will be that the erosion plans essentially
incorporated "2" plans The additional disturbed area beyond the tract 1 improved site was shown at the
request of DLR, so they had something to monitor Also, Tract 2 site was more in line of maintenance for
drainage and aesthetics, and left natural This is allowed
Thanks
Steve
1 of 1 8/13/2003 9 11 AM

WAT�-0 Michael F Easley, Governor
-a 10 William G Ross Jr, Secretary
G North Carolina Department of Environment and Natural Resources
CIO 7
r--� Alan W Klimek, RE ,Director
p Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
August 5, 2003
CERTIFIED MAIL 7003 0500 0000 8804 3570
RETURN RECEIPT REQUESTED
Mr E Dale Richardson
733 Eden Drive '
Southport, NC 28461
SUBJECT Notice of Violation and Assessment of Civil Penalty for Violations of
NCGS 143-215.1(a)
Non -permitted Stormwater Project
Case Number CV-2003-0300
Brunswick County
Dear Mr Richardson
This letter transmits a Notice of Violation and assessment of a civil penalty
against you in the amount of $4,098 58, including $98 58 in enforcement costs The
specifics of the violation and civil penalty assessment in this case are outlined below
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, and the Director of the Division of Water Quality,
Rick Shiver, Division of Water Quality Regional Supervisor, make the following
1. FINDINGS OF FACT:
A E Dale Richardson has developed a commercial site located on Garage
Road, off NC 87 in Boiling Spring Lakes, in Brunswick County as a
commercial business
B On February 24, 2003, DWQ received a copy of the Notice of Violations of
the Sedimentation Pollution Control Act from the Division of Land
Resources for a 2 acre land disturbing activity at the E Dale Richardson
site On March 4, 2003, DWQ requested, via certified mail, that E Dale
Richardson submit a Stormwater Management Permit application for the
land disturbing activities at the E Dale Richardson Site The green card
receipt for the certified mail was signed by D Richardson on March 8,
2003
C On June 4, 2003, DWQ staff inspected the E Dale Richardson site and
observed the construction of a building and paved parking area Such
development creates an increase in the amount of impervious surface
and/or a decrease of the infiltration of precipitation into the soil at the site
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Seance's
Wilmington Regional office Wilmington, NC 28405 [phone] Fax [phone] NMENR

Case No CV-2003-0300
D As of the date of this action, a Stormwater Management Permit has
neither been applied for nor issued for the development of the E Dale
Richardson site
E The cost to the State of enforcement procedures in this matter totaled
$98 58
Based on the above Findings of Fact, i make the following
II. CONCLUSIONS OF LAW.
A E Dale Richardson, is a "person" within the meaning of G S 143-215 6A
pursuant to G S 143-212(4)
B North Carolina Administrative Code Section 15A NCAC 2H 1003 requires
development activities within the State's coastal counties that require
either a CAMA Major development permit or a Sedimentation Erosion
Control Plan approval, to obtain a stormwater management permit
C Brunswick County is a coastal county pursuant to 15A NCAC 2H 1002
D E Dale Richardson was required to obtain a stormwater management
permit for the development of the E Dale Richardson site prior to
construction of impervious surfaces pursuant to 15A NCAC 2H 1003
F E Dale Richardson violated 15A NCAC 2H.1003 by failing to obtain a
stormwater management permit prior to the development of the E Dale
Richardson Site
15A NCAC 2H 1003 is a rule of the Environmental Management
Commission implementing Chapter 143, Article 21, Part 1 of the North
Carolina General Statutes
G E Dale Richardson may be assessed civil penalties in this matter
pursuant to G S 143-215 6A(a)(6), which provides that a civil penalty of
not more than twenty-five thousand (25,000 00) dollars per violation may
be assessed against a person who violates a rule of the Commission
implementing Chapter 143, Article 21, Part I of the North Carolina General
Statues
H The State's enforcement costs in this matter may be assessed against E
Dale Richardson pursuant to G S 143-215 3(a)(9) and G S 143B-
282 1(b)(8)
UWQ's Wilmington Regional Office Water Quality Supervisor, pursuant to
delegation provided by t he S ecretary of t he D epartment of E nvironment
and Natural Resources and the Director of the Division of Water Quality,
has the authority to assess civil penalties in this matter
2of6

„w
Case No CV-2003-0300
Based on the above Findings of Fact and Conclusions of Law, I make the
following
III DECISION
Accordingly, E Dale Richardson is assessed a civil penalty of
$4 0000 00 for failing to obtain a stormwater management permit
as required by 15A NCAC 2H 1003, prior to the
development of the E Dale Richardson site
$,00000 TOTAL CIVIL PENALTY
$ 9858 Enforcement costs
y
i
$4,098 58 TOTAL AMOUNT DUE
Pursuant to G S 143-215 6A(c), in determining the amount of the penalty, I have
taken into account the Findings of Fact and Conclusions of Law, and the factors set
forth in G S:143B-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 violation,
(2) The duration and gravity of the violation
(3) The effect on ground or surface water quantity or quality, or on air quality,
(4) The cost of rectifying the damage,
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally,
(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
(8) The cost to the State of the enforcement procedures
r
Within thirty days of receipt of this notice, you must do one of the following
Submit payment of the penalty:
Payment should be made directly to the order of the Department of
Environment and Natural Resources (do not include waver form)
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s)
Please submit payment to the attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please indicate the case number at the top of this letter on your check
OR
3 of 6

Case No CV-2003-0300
2 Submit a written request for remission or mitigation including a
detailed justification for such request. '
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 must be accompanied
by 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 and stipulation form and a detailed
statement which you believe establishes whether
(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 been assessed civil penalties for any previous
violations,
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions
Please submit this information to the attention of
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Pioase note that all information presented in support of a request for remission
must be submitted in writing The Director of the Division of Water Quality will review
the information during a bimonthly enforcement conference and inform you of his
decision in the matter of the remission request His response will provide details
egardinrg case status, directions for payment and provision for further appeal of the
)enL'ty to the Environmental Management Commission's Committee on Civil Penalty
Rpmissiori Please be advised that the Committee cannot consider information that
was riot part of the original remission request considered by the Director and therefore,
it is very important that you prepare a complete and thorough statement in support of
your request for remission
OR
4of6

Case No CV-2003-0300
3 Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must
request an administrative hearing This request must be in the form of a
written petition to the Office of Administrative Hearings and must conform to
Chapter 160E of the North Carolina General Statutes You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mail or hand -deliver a copy of the petition to
Mr Dan Oakley
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the
petition
Failure to exercise one of the options above within th30) days as evidenced
by a date stamp (not a postmark) indicating when we received your response, 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 Please be advised that any continuing violation(s) may
be the subject of a new enforcement action, including an additional penalty
Please be further advised If you have any questions concerning this matter,
please contact Mr Bob S ledge at [phone], extension 547, or Linda Lewis at
[phone]
Rick Shiver
Water Quality Regional Supervisor
Wilmington Region
Division of Water Quality
ATTACHMENTS
Cc Regional Supervisor Enforcement File wlattachments
Bob Sledge
Central Files
5of6

w
Case No CV-2003-0300 *
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF BRUNSWICK
IN I HE MA fTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION -OF FACTS
�_ D,',L,(� ;dCHARDSON )
CASE NO CV-2003-0300
1 S
Having been assessed civil penalties totaling 4,098 58 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
August 5, 2003, 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
st,p .11l ate 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 Water
Quality within thirty (30) days of receipt of the civil penalty assessment No new
C . i'7 _,u, , port of a remission request will be allowed after thirty (30) days from the
receipt of the civil penalty assessment
This the day of 220
SIGNATURE
ADDRESS
TELEPHONE
6of6

File No CV-2003-0300
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator E Dale Richardson
County Brunswick
Case Number CV-2003-0300
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,
not significant ( ) moderately significant ( ) significant
( ) very significant ( ) extremely significant
2)
The duration and gravity of the violation;
�f not significant ( ) moderately significant (}
significant
" \ ( ) very significant ( ) extremely significant
3)
The effect on ground or surface water quantity or quality or on air quality,
$,,,not significant ( ) moderately significant (
) significant
( ) very significant ( ) extremely significant
4)
The cost of rectifying the damage,
Xnot significant ( ) moderately significant (
) significant
( ) very significant ( ) extremely significant
5)
The amount of money saved by noncompliance,
(} not significant Xmoderately significant (
) significant
( ) very significant ( ) extremely significant
6)
Whether the violation was committed willfully or intentionally,
Xnot significant ( ) moderately significant (
) significant
( ) very significant ( ) extremely significant
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
`'not significant ( ) moderately significant {) significant
Knot
( ) very significant ( ) extremely significant
8) The cost to the State of the enforcement procedures
`not significant ( ) moderately significant ( ) significant
( ) very significant () extremely significant
Date 7 Water Quality Regional Supervisor
REMISSION FACTORS
(a) Whether one or more of the civil penalty assessment factors were
wrongly applied to the detriment of the petitioner,
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation,
(c) Whether the violation was inadvertent or a result of an accident,
(d) Whether the violator had been assessed civil penalties for any previous violations,
and
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions

BRUNSWICK COUNTY`HEALTH'DEPARTMENT 2002059613
PIN 100 156LH004 FILE NO*
'_;i, -Ni 7/11/02
DAJfLq5&D9ON E: DALE
REC FROM
733 EDEN DR
ADDRESS
RICHARDSON E. DALE JR /
CURRENT PROPERTY OWNER
rim i ry
SOUTHPORT
Cm
BOILING SPRING LAKES
SUBDIVISION
NC
ST
TAX PARCEL
28461 9102382655
ZIP PHONE
LOT BLK
SEC
PROPERTY LOCATED, TOWN/CITY/AREA/ DIRECTIONS TO PROPERTY _ 1 IS TO A 7 TURN R
TO GARAGE RD - ACROSS FROM TOWN HALL - BOILING SPRINGS LAKE
T -
, UTHORIZATION FDR WASTEWATER CONSTRUCTION_PERMIT
NEW ` REVISION RELOCATION UPGRADE REPAIR
Design Flow 1 �k gpd Septic tank slze gal Type
No BedroomsA No occupants/employees & Max Trench/Bed Bottom Depth inches
No Lines Lenvth each Bed dime}r ai ps - �-- Z / �7
Fill Check
PERMIT ISSUE DATE
Authorized Agent Sig
NOTES PERMIT IS 11
IMPROVEM
Wastewater System Installer Date
Comments (tank info/barrier approved)
NOTES
1 Septic Tank shall
have an approved
effluent filter and
access devices as
applicable
2,Maintain all set-
back distances for
septic tank sys-
tems and wells
3 All components of
the septic systems
shall be located
100 feet if possible
but not less than
50 feet to all
existing and future
wells on this parcel
and adjacent par-
cels
OPERATION PERMIT Date
Authorized Agent Signature
Actions of local health department representatives or the State engaged In the evaluation and determination of measures required to effect compliance with the
applicable laws and rules shall in no way be taken as a warranty that sewage treatment and disposal systems approved and permitted will function in a
satisfactory manner for any given period of time The issuance of this permit does not preclude the Permittee from complying with any and all statues, rules
regulations, or ordinances which may be imposed by other government agencies (local, state, and federai) which have jurisdiction

r9
File No 2002059613
BRUNSWICK COUNTY HEALTH DEPARTMENTe�—
P O BOX 9 BOLIVIA, N C 28422 [phone]
IMPROVEMENT PERMIT S�
PERMIT IS SUBJECT TO REVOCATION IF SITE PLANS OR THE INTENDED USE CHANGE
�t
An Authorization for Wastewater Construction must be attached to the Improvement Permit before any othe
permit can be issued and before a wastewater system can be installed
Supporting documents such as the completed application form, site evaluation form, fill plan, etc are considered
part of this Improvement Permit
Owner/Authorized Agent Richardson, E Dale Jr Tax Parcel 156LH004
Lot Block Section Subdivision Boiling Spring Lakes
Residential Water Supply Public xx Private (well)
No of units No of bedrooms No of occupants
Commercial _
Type of business
Number of employees 5
Septic tank volume - LTAR gpd/sq ft Dra�nfield 5q feet , -
i f(:nC) 0IV
No of Lines Length ea h width Bed
Trench/ Bed bottom depth no deeper than inc s Pump tank volume — r,p� tr Pyt� T
(if applicable) '�
�P rC v�
Conditions as marked below must be met Any site modific completed and approved prior w✓
to issuance of an Authorization for Wastewater Construction and the installation of the wastewater system
X Keep 100 feet from all water supplies (minimum of 50 feet must be maintained)
X Keep 10 feet from all water lines
X Keep 10 feet from any property lines (no less than 5 feet for lots recorded prior to 7/1177)
X Do not drive over, park, pave, or build any structure over the area for the septic tank system
and the repair area if applicable
X Do not install the septic system during wet conditions
X Maintain Gravity Flow for septic system
X If Septic System Uses Rock Aggregate/Approved Filter Fabric Covering Required
Drainage Maintenance Required
_ Suitable Fill material must be installed exactly per the Health Department approved fill plan
Fill check must be completed by the Health Dept prior to issue of Authonzatron for Wastewater Constructlon
Approved for use of Alternative/innovative Wastewater System (Specify)
Submit Wastewater plans to the Health Department for review/approval
X Septic Tank System must be installed per the Construction Authorization Permit
Ca 9eVg Se er when avaylable
14 IMPROVEMENT PERMIT DATE EXPIRATION DATE .. Q.
re
Actions of Brunswick County Health Department representatives engaged in the evaluation and determination of
measures required to effect compliance with the applicable laws and rules shall in no way be taken as a warranty
that sewage treatment and disposal systems approved and permitted will function in a satisfactory manner for any
given period of time Permit is subject to revocation if the site plan or plat whichever is applicable, or the intended
use changes
The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which
have jurisdiction
Septic Tanks Shall
Nave An Effluent filter ✓S,�
Access Devices

State of North Carolina - r
Department of Environment •
and Natural Resources �..+..►•��
Wilmington Regional Office
.'Divlsion_of Land Resources NCDENR
Land Quality Section
NORTH GARpLINA DEPARTMENT OF
Z" Michael F Easley, Governor ENVIRONMENT AND NATURAL RES0URCE9
William G Ross Jr , Secretary
March 12, 2003
NOTICE OF RECEIPT OF EROSION & SEDIMENTATION CONTROL PLAN
Mr E Dale Richardson
733 Eden Drive
Southport, NC 28461
Dear Mr Richardson
This office has received a soil erosion and sedimentation control plan for the project listed below which was submitted
as required by the North Carolina Sedimentation Pollution Control Act (NCGS 113A-57(4))
Please be advised that this Act requires that all persons disturbing an area of one or more acres of land must obtain
approval of a soil erosion control plan prior to the commencement of said land -disturbing activity (NCGS 113A-54(d)(4)) The
Act further states that this plan must be filed a minimum of 30 days prior to the activity and the approving authority must
approve or disapprove the submitted plan within 30 days of receipt Failure of the approving authority to approve or disapprove
the submitted plan within the 30 day period will be deemed approval of the plan if the submitted plan is complete
Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion
& sediment control plan is a violation of the Act
A copy of any erosion and sediment control plan which could involve the utilization of ditches for the purpose of
dewatering or lowering the water table is forwarded by this office to the Division of Water Quality (DWQ) It is suggested that
you contact the Division of Water Quality at [phone] if any ditches shown on your plan will lower the water table
We have performed a preliminary review of your submitted plan and have determined that additional information will
be necessary before a final review can be completed Enclosed is a checklist of items that must be submitted befr2j`e we can
can
complete the review process Failure to provide the additional information may result in disapproval of your plan
The approval of an erosion and sediment control plan is condition on the applicant's compliance with Federal and State
water quality laws, regulations and rules
If you have questions or need additional information, please do not hesitate to contact this office Your cooperation
in this matter is appreciated and we look forward to working with you on this project
Sincerely,
Carol N Miller, CPESC
Assistant Regional Engineer
CNM/bfr
cc Robert P Armstrong
PROJECT NAME E Dale Richardson Property
PROJECT NO BR-03190
LOCATION City Garage Road - Brunswick County
RIVER BASIN Cape Fear
SUBMITTED BY Robert P Armstrong
DATE RECEIVED BY L Q S March 11, 2003
127 North Cardinal Drive, Wilmington, N C 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

.Z
j
Michael F Easley, Governor
William G Ross, Jr, Secretary
North Carolina Department of Environment and Natural Resources
March 4, 2003
CERTIFIED MAIL #7002 2410 0006 9367 9310
RETURN RECEIPT REQUESTED
Mr E Dale Richardson
733 Eden Drive
Southport, NC 28461
Dear Mr Richardson
Alan W Klimek, P E , Director
Division of Water Quality
Wilmington Regional Office
Subject REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
E Dale Richardson Land Disturbing Activities
Stormwater Project No SW8 030229
Brunwick County
On February 24, 2003, the Wilmington Regional Office received a copy of a Notice of
Violations of the Sedimentation Pollution Control Act for E Dale Richardson Land Disturbing
Activities The North Carolina Administrative Code requires any project that must receive either
Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and
receive a Stormwater Management Permit by the Division of Water Quality Any construction
on the subject site, pnor to receipt of the required permit, will constitute a violation of 15A
NCAC 2H 1000 and may result in appropriate enforcement action by this Office
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than April 5,
2003 Failure to respond to this request may result in the initiation of enforcement action, and
construction may experience a subsequent delay
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control
Plan approval letter must NOT be considered the Coastal Stormwater Management Permit,
which will be signed by the Water Quality Supervisor Please reference the Protect Number
above on all correspondence. If you have any questions, please call me at (910)-395-3900
Sincerely,
'd,ak' '�"
Linda Lewis
Environmental Engineer
RSS/arl S IWQSISTORMWATISTORMSUB1030229 Feb
cc Delaney Aycock, Brunwick County Building Inspections
Janet Russell
Lind_a-Lewis
Central Files
1r4
kMENIR
N C Division of Water Quality 127 Cardinal Drive Extension Wilmington, N C 28405 [phone] Fax [phone] Customer Service
800-623-7748

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State of North Carolina
Department of Environment
and Natural Resources
„
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F Easley, Governor
William G Ross Jr , Secretary
February 24, 2003
1�•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOuRcEs
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7002 2410 0006 9368 0996
RETURN RECEIPT REQUESTED
Mr E Dale Richardson
733 Eden Drive
Southport NC 28461
Project Name E Dale Richardson Land Disturbing Activities
Project No BR-03190
Brunswick County
Dear Mr Richardson
On February 21, 2003, personnel of this office inspected a project located on NC87 @ Garage Road
in Brunswick County, North Carolina This inspection was performed to determine compliance with the North
Carolina Sedimentation Pollution Control Act of 1973 The inspection revealed a land -disturbing activity of
approximately 2 0 acres being conducted
It is our understanding that you and/or your firm are responsible for this land -disturbing activity The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50
to 66, and Title 15A, North Carolina Administrative Code, Chapter 4 If you feel that you are not responsible
for the following violations, please notify this office immediately
The violations that were found are
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered, failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity NCGS 113A-54(d)(4), G S 113A-57(4) and
15A NCAC 4B 0007(c)
An erosion and sedimentation control plan has not been submitted to this office for the referenced
project
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent off -site sedimentation Until the required plan has
been approved, temporary measures must be provided immediately to control erosion and prevent
sedimentation damage Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act We will notify you
following our review of the plan if additional measures are required
127 Cardinal Drive Extension, Wilmington N C 28405 3845 0 Telephone [phone] • Fax [phone]
e s:,,,,pi n—mrmnrly Affirmative Action Emolover

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Mr E Dale Richardson
February 24, 2003
Page Two
2 Failure to take all reasonable measures to protect all public and private property from damage by such
land -disturbing activities 15A NCAC 4B 0005
Measures to control erosion and retain sediment on site have not been provided
3 Failure to maintain on graded slopes and fills and angle which can be retained by vegetative cover or
other adequate erosion control devices or structures G S 113A-57(2) and (if in HQW zone) 15 NCAC
4B 0024(d)
Drainage ditch slopes are excessively steep along the east side of the project and at the entrance to
the new building
To correct these violations, you must
1 Submit an erosion and sedimentation control plan to this office for the referenced project
2 Install necessary measures, structures, and/or devices to control erosion and
retain sediment on site
3 Reshape ditch side slopes to 2 horizontal to 1 vertical angle or flatter and ,
stabilize with vegetation
If the violations described in this Notice are not corrected within 30 days following your receipt of this
Notice, the Division of Land Resources may take additional appropriate legal action against you pursuant to
NCGS 113A-64 That action could be the assessment of additional civil penalties and may result in the
initiation of other remedies as prescribed by the Act If additional civil penalties are assessed for the violations,
the amount may be up to $5,000 00 per day for each day of the violation pursuant to NCGS 133A-64(a)(1)
If all violations are corrected within the time period specified for compliance, additional civil penalties or legal
remedies will not be pursued
Any new land -disturbing activity associated with this project should not begin until the area presently
disturbed is brought into compliance with the Act When corrective actions are complete, you should notify
this office so that the work can be inspected You should not assume that the site is in compliance with the
Act until we have so notified you In addition, once compliance has been achieved, all installed measures must
be satisfactorily maintained until development is complete and the site is fully stabilized to avoid further
violations of the Act
We solicit your cooperation, and would like to avoid taking further enforcement action At the same
time, it is your responsibility to understand and comply with the requirements of the Act Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request
Should you have questions concerning this Notice'or the requirements of the Act, please contact either Dan
Sams or me at your earliest convenience

F
1
Mr E Dale Richardson
February 24, 2003
Page Three
Please do not hesitate to contact me regarding any questions you might have about this matter
Sincerely,
- Carol N Miller, CPESC
Acting Regional Engineer
CNM/bfr.
cc Sedimentation Specialist
WO LOS
OW Supervisor WiRO
Enclosure Inspection Report

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Description
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