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HomeMy WebLinkAboutSW8991202_COMPLIANCE_20100818STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 C1°►1202- DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE 2o�oa�s18 YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 18, 2010 David A. Horton, Director Horton Commercial Association, Inc. 604 Blair Point Road Morehead City, NC 28557 Subject: NOTICE OF INSPECTION Horton Commercial Association; Inc. Permit No. SW8 991202 Carteret County Dear Mr. Horton: On August 17, 2010, Steve Pusey of the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Horton Commercial Association in Carteret County to determine compliance with Stormwater Management Permit Number SW8 991202 issued on March 29, 2000. DWQ file review and site inspection revealed that the site is compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter. Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including operation and maintenance of your permitted stormwater system. If the project has changed name, ownership or mailing address, a formal change of name/ownership form must be submitted to DWQ within 30 calendar days detailing the change. Please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Please be advised that violations of your Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation. If you have any questions please contact Steve Pusey at the Wilmington Regional Office, telephone number (910)-796- 7215. Sincerely, Steve G. Pusey Environmental E ineer Enclosure: Compliance Inspection Report GDS\sgp: S:\WQS\STORMWATER\INSPECT\991202 aug10 cc: John Hennessy-NPS-ACOU Steve Pusey WiRO Files DWQ Central Files Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623.6748 North CarOt i na Internet: www.ncwalerquality.org /N An Equal Opportunity l Affrmahve ActionNrytimrylly Employer LL Permit: SW8991202 County: Carteret Region: Wilmington Compliance Inspection Report Effective: 11/05/09 Expiration: 03/29/20 Owner: Horton Commercial Association Inc Project: David Horton Commercial Park Little Nine Dr Morehead City NC 28557 Contact Person: David A Horton Title: Owner Phone: Directions to Project: Hwy 70 east, right on Horton Rd., past Parker Honda on left around High Street. Type of Project: State Stormwater- HD- Detention Pond . State Stormwater - HD - Sand filters Drain Areas: 1 - (NEWPORT RIVER) (03-05-03) (C) On -Site Representative(s): Related Permits: Inspection Date: 08/1712010 Entry Time: 03:00 PM Primary Inspector: Steven G Pusey Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ■ Compliant 0 Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 03:30 PM Phone: Inspection Type: Stormwater Page: 1 Permit: SW8991202 Owner • Project: Horton Commercial Association Inc Inspection Date: 08/1712010 Inspection Type: Stormwater Reason for Visit: Follow-up Inspection Summary: Inspection revealed that repairs were made to outlet structure and designers certificate was received June 21, 2010 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: 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: Page:2 Steve Posey June 18, 2010 Environmental Engineer Wilmington Regional Office 127 Cardinal Dr. Extension Wilmington NC 28405 Subject: Notice of Inspection Horton Commercial Association Permit No. SW8 991202 Carteret County Dear Mr. Posey: Enclosed please find the letter from CT Clayton recertifying the pond. Mr. Clayton designed the pond, supervised construction and helped me in the recertification process. I am keeping the original and sending you a copy. I apologize for the time it took for completion. The people who were supposed to do it let the ball drop and then it took a while to figure out what the problem was. We finally figured it out and found someone who could fix it. Sincerely, /i�'6A4? David Horton Horton Commercial Association Georgette Scott May 3, 2010 NCDENR Wilmington Regional Office Subject: April 13, 2010 Notice of Violation , NOV-20l0-PC-0346 Horton Commercial Association, Inc. Stormwater permit No. SW8 9912Q2 _S0 Dear Ms. Scott: I apologize for not having the necessary repairs completed already and the pond re- certified. I had turned the matter over to one of the Lot owners in the subdivision who kept saying they were going to correct the problem. Upon receipt of your letter, dated April 13, 1 looked into the matter more carefully and was not satisfied with what was happening. Subsequently I took over the matter and have since determined what the problem is with the outlet structure and hired someone to correct the problem. 1 have also been in contact with CT Clayton, the original project engineer, and he is in agreement with our plan of action. We are having a new part of the structure fabricated to correct the problem. I was told by the contractor that I could expect him to have it fixed by the end of May 2010. When that problem is corrected CT Clayton will come out to complete his certification process. He has already been to the site a couple of times during this process to advise me. I hope this is satisfactory to you and I will personally stay on task until the project is complete. Sincerely, ai IzH S/27rio ljw� r7R/2o2, ZS Z -Soy-t96c D�/e� S�ruc.l-ire oil �D-I'LL9 Georgette Scott Stormwater Supervisor Wilmington Regional Office 127 Cardinal Dr. Extension Wilmington NC 28405 Subject Notice of Violation Horton Commercial Association Permit SW8 991202 Carteret County Dear Ms. Scott: 16_/o I received your letter dated April 13, 2010 about the stormwater permit on property I developed 10 years ago. I notified and met with the property owners on Jan 2 2010 and explained what was happening with the expiration of the stormwater permit and that the HOA would need to take over operations of the Association since I no longer owned property in the subdivision and hadn't for a long time. At that meeting Bill Brown, one of property owners at the meeting said they would take care of the problems and communicate with Steve Pusey. Since then I have talked with Mr. Brown and I think Steve has as well. I assumed they were going to proceed with your demands and assume they still will. I have forwarded your letter to one of the property owners. Today I was not able to contact Bill Brown but spoke with another lot owner out there, Eddie Cameron, who said he would try to find out why nothing has happened and see where things stand. Enclosed is the Design Certification. I will follow up with them and let you know what is going on as soon as I find out. David Horton APR 19 2010 •ti Permit: SW8991202 County: Carteret Region: Wilmington Compliance Inspection Report Effective: 11/05/09 Expiration: 03/29/20 Owner: Horton Commercial Association Inc Project: David Horton Commercial Park Little Nine Dr Morehead City NC 28557 Contact Person: David A Horton Title: Owner Phone: Directions to Project: Hwy 70 east, right on Horton Rd., past Parker Honda on left around High Street. Type of Project: State Stormwater - HD - Detention Pond State Stormwater - HD - Sand filters Drain Areas: 1 - (NEWPORT RIVER) (03-05-03) (C) On -Site Representative(s): Related Permits: Inspection Date: 04108/2010 Entry Time: 11:00 AM Primary Inspector: Steven G Pusey Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant IN Not Compliant Question Areas: Cl State Stormwater (See attachment summary) Exit Time: 12:00 AM Phone: Inspection Type: Stormwater Page:1 Permit: SW8991202 Owner - Project: Horton Commercial Association Inc Inspection Date: 04/08/2010 Inspection Type: Slormwater Reason for Visit: Follow-up Inspection Summary: See Notice of Violation Letter. 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? ®❑ ❑ ❑ Comment: Need an Engineer's Certificate upon completion of maintenance and repair. 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: Outlet structure in wet detention pond is broken and needs repair. Discharge pipe has broken away from the outlet structure. Page: 2 North Carolina Beverly Eaves Perdue Governor November 24, 2009 LYNWJ NCDENR Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director David A. Horton, Director Ay , �S z _ oIt I& Horton Commercial Association, Inc. 604 Blair Pointe Road Morehead City, NC 28557 Subject: NOTICE OF INSPECTION Horton Commercial Association, Inc. Permit No. SW8 991202 Carteret County Dear Mr. Horton: Dee Freeman Secretary On November 19, 2009, Steve Pusey of the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Horton Commercial Association in Carteret County to determine compliance with Stormwater Management Permit Number SW8 991202 issued on March 29, 2000. DWQ file review and site inspection revealed that the site is not compliant 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. A Permit Modification is necessary to resolve the changes made to the reserved lot, which was sold to a new Owner, Bill Brown of B&B Ventures and Little Nine, LLC (SW8 090338, Redevelopment Exclusion). The removal of this lot _r� c US represents a reduction in drainage area and site area, and changes -the calculation of overall percent impervious. Also, built -upon area is not allowed on �l this lot according to the current permit. / �, KG „ T N¢ , 0-t � „ ,� P/u , �v. G/ It appears that the discharge pipe has broken away from the outlet structure. �V/ This needs to be repaired. 3. Vegetated filter shown on plans at outlet of pond does not exist, and is required due to the fact that this pond only removes 85% TSS. Either this filter must be installed or the pond size must be increased to achieve 90% TSS removal. A new Engineer Certification of this pond will be necessary once repairs and modifications are complete. 5 Maintenance records must be submitted for the sand filter located at the entrance road to the commercial park. Please inform this Office in writing before December 18, 2009 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, when required, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 North CarOtl n a Internet: www.ncxaterqualiry.org ry�'/Nn /�� An Equal Opportunity l Affirmative Action Employer Na K a Horton Commercial Association, Inc. Permit No. SW8 991202 November 24, 2009 If a written plan of action is not submitted to this office by December 18, 2009, then DWQ staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Please be reminded that if any ownership or name change has occurred it is the permittee's responsibility to notify this office in writing. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215. Sincerely, Steve G.Pusey Environmental Engineer Enclosure: Compliance Inspection Report GDS\sgp: S:\WQS\STORMWATER\INSPECT\991202.nov09 cc: John Hennessy-NPS-ACOU Steve Pusey WiRO Files DWQ Central Files Page 2 of 2 r Permit: SW8991202 County: Carteret Region: Wilmington Compliance Inspection Report Effective: 11/05/09 Expiration:03/29/20 Owner: Horton Commercial Association Inc Project: David Horton Commercial Park Little Nine Dr Morehead City NC 28557 Contact Person: David A Horton Title: Owner Phone: Directions to Project: Hwy 70 east, right on Horton Rd., past Parker Honda on left around High Street. Type of Project: State Stormwater - HD - Detention Pond State Stormwater - HD - Sand filters Drain Areas: 1 - (NEWPORT RIVER) (03-05-03) ( C) On -Site Representative(s): Related Permits: Inspection Date: 11/19/2009 Entry Time: 10:00 AM Primary Inspector: Steven G Pusey Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 12:30 PM Phone: Inspection Type: Stormwater Page: 1 Permit: SW8991202 Owner - Protect: Horton Commercial Association Inc Inspection Date: 11/19/2009 Inspection Type: Stormwater Reason for Visit: Routine Inspection Summary: 1. A permit modification is required to resolve the changes to the reserved lot. 2. Outlet structure and/or discharge pipe needs to be repaired. 3. Vegetated filler at outlet of discharge pipe needs to be installed and/or pond needs to be enlarged to achive 90% TSS reduction. 4. A new Engineer Certification must be submitted after repairs and modifications are complete. 5. Maintenance records for the sand filter located at the entrance road (High Street) must be submitted for review. Page:2 ;i 11 Permit: SW8991202 Owner - Project: Horton Commercial Association Inc Inspection Date: 11/19/2009 Inspection Type: Stormwater Reason for Visit: Routine 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? Comment: Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: 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? Comment: 1. There is no vegetated filter at the outlet of the discharge pipe. 2. It appears that the discharge pipe has broken away from the outlet structure. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Yes No NA NE ❑ ® ❑ ❑ i ❑ ❑ ❑ ❑ ■ ❑ ❑ Yes No NA NE ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: The outlet structure and/or discharge pipe needs to be repaired. Vegetated filter needs to be installed and/or the pond needs to be enlarged to achieve 90% TSS removal. Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: Reserved Lot has been bought and built -upon without a permit - modification. Some of this lot drains offsite through exiting drainage ditches in front and back of the property. Some drains to an irrigation pond not shown on the plans. Lot owner's name is Bill Brown of B&B Ventures. He has a company called Little Nine, LLC and will be obtaining a stormwater permit for his new property which includes a large tract of land behind the reserved lot. Other WQ Issues Is the site compliant with other water quality issues as noted during the inspection? Yes No NA NE Yes No NA NE Page:3 Permit: SW8991202 Owner - Project: Horton Commercial Association Inc :,I Inspection Date: 11/19/2009 Inspection Type: Stormwater Reason for Visit: Routine Comment: A large amount of offsite stormwater drains around the stormwater pond into the exiting drainage ditch. This overflows the ditch into the roads. Also, the inlets and inlet stormwater pipe to the pond cannot handle all runoff from the streets during heavy rains. This causes flooding in the streets. Page:4 STORMWATER COMPLIANCE INSPECTION REPORT 2. 3. 4. Project Name: David A. Horton Subdivision Project Number: SW8 991202 Control Measure: Wet Detention Pond. Water Body: Newport River Classification: C Directions to site. address: Off Little Nine Drive (NCSR 1601) Inspection Date: November 15, 2000 Weather Conditions: Sunny, cool Compliance Issues: a. The emergency overflow weir cut into the pond appears to be lower than the outlet structure overflow. phis mcans that the pond may not be providing the required minimum storage volume. b. The vegetation in the pond is very sparse, and the majority of it is dead. C. A copy of the recorded deed restrictions has not been submitted. d. One ofthe lots is under construction, Crystal Coast Auto Clinic, and has not submitted for an offsite permit. C. The required Designer's Certification has not been received. Required Actions: a Please check the elevations of the emergency overflow and the outlet structure. Provide sufficient storage, per the approved plans. Provide permanent seeding for the pond. Record and submit the required deed restrictions per Section 11, Part 15 of your permit. No action on your part is required. I will contact the Auto Clinic and get them to submit a plan. Once all the corrections have been done, provide the Desiprier's Certification. Inspector: Linda Lewis Water Quality/Wilmington Regional Office/(910) 395-3900 RSS'arl: S:AWQS\S'fORMWAT\INSPECT\991202.NOV STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 �1g t2 02 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE �] COMPLIANCE EVALUATION INSPECTION DOC DATE 20too8lrt YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor August 18, 2010 Division of Water Quality Coleen H. Sullins Director David A. Horton, Director Horton Commercial Association, Inc. 604 Blair Point Road Morehead City, NC 28557 Subject: NOTICE OF INSPECTION Horton Commercial Association; Inc. Permit No. SW8 991202 Carteret County Dear Mr. Horton: Dee Freeman Secretary On August 17, 2010, Steve Pusey of the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Horton Commercial Association in Carteret County to determine compliance with Stormwater Management Permit Number SW8 991202 issued on March 29, 2000. DWQ file review and site inspection revealed that the site is compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter. Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including operation and maintenance of your permitted stormwater system. If the project has changed name, ownership or mailing address, a formal change of name/ownership form must be submitted to DWQ within 30 calendar days detailing the change. Please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Please be advised that violations of your Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation. If you have any questions please contact Steve Pusey at the Wilmington Regional Office, telephone number (910)-796- 7215. Sincerely, Steve G. Pusey Environmental E 7ineer Enclosure: Compliance Inspection Report GDS\sgp: S:\WQS\STORMWATER\INSPECT\991202 aug10 cc: John Hennessy-NPS-ACOU Steve Pusey WiRO Files DWQ Central Files Wilmington Regional Office , 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX. 910-350-20041 Customer Service: 1-877-623-6748 NorthCarol ina Internet: www.navaterquatity.org �/N���� �ry� An Equal Opportunity\ Affirmative Action Employer ![ [L Permit: SW8991202 County: Carteret Region: Wilmington Compliance Inspection Report Effective: 11/05/09 Expiration: 03/29/20 Owner: Horton Commercial Association Inc Project: David Horton Commercial Park Little Nine Dr Morehead City NC 28557 Contact Person: David A Horton Title: Owner Phone: Directions to Project: Hwy 70 east, right on Horton Rd., past Parker Honda on left around High Street. Type of Project: State Stormwater- HD -Detention Pond State Stormwater - HD - Sand filters Drain Areas: 1 - (NEWPORT RIVER) (03-05-03) (C) On -Site Representative(s): Related Permits: Inspection Date: 08/17/2010 Entry Time: 03:00 PM Primary Inspector: Steven G Pusey Secondary Inspector(s): Reason for Inspection: Fallow -up Permit Inspection Type: State Stormwater Facility Status: ■ Compliant I] Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 03:30 PM Phone: Inspection Type: Stormwater Page: 1 Permit: SW8991202 Owner - Project: Horton Commercial Association Inc Inspection Date: 08/17/2010 Inspection Type: Stormwater Reason for Visit: Follow-up Inspection Summary: Inspection revealed that repairs were made to outlet structure and designers cetficate was received June 21, 2010. 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: 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: Page: 2 Steve Posey June 18, 2010 Environmental Engineer Wilmington Regional Office 127 Cardinal Dr. Extension Wilmington NC 28405 Subject: Notice of Inspection Horton Commercial Association Permit No. SW8 991202 Carteret County Dear Mr. Pusey: Enclosed please find the letter from CT Clayton recertifying the pond. Mr. Clayton designed the pond, supervised construction and helped me in the recertification process. I am keeping the original and sending you a copy. I apologize for the time it took for completion. The people who were supposed to do it let the ball drop and then it took a while to figure out what the problem was. We finally figured it out and found someone who could fix it. Sincerely, David Horton Horton Commercial Association Georgette Scott May 3, 2010 NCDENR Wilmington Regional Office Subject: April 13, 2010 Notice of Violation, NOV-2010-PC-0346 Horton Commercial Association, Inc. Stonnwaterpermit No. SW8991242 _SeP Dear Ms. Scott: I apologize for not having the necessary repairs completed already and the pond re- certified. I had turned the matter over to one of the Lot owners in the subdivision who kept saying they were going to correct the problem. Upon receipt of your letter, dated April 13, I looked into the matter more carefully and was not satisfied with what was happening. Subsequently I took over the matter and have since detennined what the problem is with the outlet structure and hired someone to correct the problem. 1 have also been in contact with CT Clayton, the original project engineer, and he is in agreement with our plan of action. We are having a new part of the structure fabricated to correct the problem. 1 was told by the contractor that I could expect him to have it fixed by the end of May 2010. When that problem is corrected CT Clayton will come out to complete his certification process. He has already been to the site a couple of times during this process to advise me. 1 hope this is satisfactory to you and I will personally stay on task until the project is complete. Sincerely, vid. Hprton A S/27110 5w9 913/202, ZS z - 57ay-r96C. O ✓yet _57rN c4c-�r-e, v, le "' i Cl he rec e..h'-F�o1 opt b-Ho Georgette Scott Stormwater Supervisor Wilmington Regional Office 127 Cardinal Dr. Extension Wilmington NC 28405 Subject Notice of Violation Horton Commercial Association Permit SW8 991202 Carteret County Dear Ms. Scott: 16,/o I received your letter dated April 13, 2010 about the stormwater permit on property I developed 10 years ago. I notified and met with the property owners on Jan 2 2010 and explained what was happening with the expiration of the stormwater permit and that the HOA would need to take over operations of the Association since I no longer owned property in the subdivision and hadn't for a long time. At that meeting Bill Brown, one of property owners at the meeting said they would take care of the problems and communicate with Steve Pusey. Since then I have talked with Mr. Brown and I think Steve has as well. I assumed they were going to proceed with your demands and assume they still will. 1 have forwarded your letter to one of the property owners. Today I was not able to contact Bill Brown but spoke with another lot owner out there, Eddie Cameron, who said he would try to find out why nothing has happened and see where things stand. Enclosed is the Design Certification. I will follow up with them and let you know what is going on as soon as I find out. David Horton APR 19 2010 Compliance Inspection Report Permit: SW8991202 Effective: 11/05/09 Expiration: 03/29/20 Owner: Horton Commercial Association Inc Project: David Horton Commercial Park County: Carteret Little Nine Dr Region: Wilmington Morehead City NC 28557 Contact Person: David A Horton Title: Owner Phone: Directions to Project: Hwy 70 east, right on Horton Rd., past Parker Honda on left around High Street. Type of Project: State Stormwater - HD - Detention Pond State Stormwater - HD - Sand filters Drain Areas: 1 - (NEWPORT RIVER) (03-05-03) ( C) On -Site Representative(s): Related Permits: Inspection Date: 04/0812010 Entry Time: 11:00 AM Primary Inspector: Steven G Pusey 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) Exit Time: 12:00 AM Phone: Inspection Type: Stormwater Page:1 Permit: SW8991202 Owner - Project: Horton Commercial Association Inc Inspection Date: OV0812010 Inspection Type: Slormwater Reason for Visit: Follow-up Inspection Summary: See Notice of Violation Letter. 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? W 0 ❑ ❑ Comment: Need an Engineer's Certificate upon completion of maintenance and repair. 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: Outlet structure in wet detention pond is broken and needs repair. Discharge pipe has broken away from the outlet structure. Page:2 North Carolina Beverly Eaves Perdue Governor November 24, 2009 .�A r NCDENR Department of Environment and Division of Water Quality Coleen H. Sullins Director Natural Resources David A. Horton, Director Ay 757 - oit - /1(4 Horton Commercial Association, Inc. 604 Blair Pointe Road Morehead City, NC 28557 Subject: NOTICE OF INSPECTION Horton Commercial Association, Inc. Permit No. SW8 991202 Carteret County Dear Mr. Horton: Dee Freeman Secretary On November 19, 2009, Steve Pusey of the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Horton Commercial Association in Carteret County to determine compliance with Stormwater Management Permit Number SW8 991202 issued on March 29, 2000. DWQ file review and site inspection revealed that the site is not compliant 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: 'Irl, A Permit Modification is necessary to resolve the changes made to the reserved lot, which was sold to a new Owner, Bill Brown of B&B Ventures and Little Nine, LLC (SW8 090338, Redevelopment Exclusion). The removal of this lot _r� ce,& ceS represents a reduction in drainage area and site area, and changes the calculation of overall percent impervious. Also, built -upon area is not allowed on this lot according to the current permit. /Vo pze," P N¢ , oz y Pie_.., 1�ev C1 It appears that the discharge pipe has broken away from the outlet structure. This needs to be repaired. 3. Vegetated filter shown on plans at outlet of pond does not exist, and is required due to the fact that this pond only removes 85% TSS. Either this filter must be installed or the pond size must be increased to achieve 90% TSS removal. 1 A new Engineer Certification of this pond will be necessary once repairs and modifications are complete. 0. Maintenance records must be submitted for the sand filter located at the entrance road to the commercial park. Please inform this Office in writing before December 18, 2009 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, when required, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877.623-6748 North Carols na Internet: www.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer Horton Commercial Association, Inc. Permit No. S W 8 991202 November 24, 2009 If a written plan of action is not submitted to this office by December 18, 2009, then DWQ staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Please be reminded that if any ownership or name change has occurred it is the permittee's responsibility to notify this office in writing. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215. Sincerely, Steve G.Pusey Environmental Engineer Enclosure: Compliance Inspection Report GDS\sgp: S:\WQS\STORMWATER\INSPECT\991202.nov09 cc: John Hennessy-NPS-ACOU Steve Pusey WiRO Files DWQ Central Files Page 2 of 2 0 Permit: SW8991202 County: Carteret Region: Wilmington Compliance Inspection Report Effective: 11/05/09 Expiration:03/29/20 Owner: Horton Commercial Association Inc Project: David Horton Commercial Park Little Nine Or Morehead City NC 28557 Contact Person: David A Horton Title: Owner Phone: Directions to Project: Hwy 70 east, right on Horton Rd., past Parker Honda on left around High Street. Type of Project: State Stormwater - HD - Detention Pond State Stormwater - HD - Sand filters Drain Areas: 1 - (NEWPORT RIVER) (03-05-03 ) (C) On -Site Representative(s): Related Permits: Inspection Date: 1111912009 Entry Time: 10:00 AM Primary Inspector: Steven G Pusey Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: Q Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 12:30 PM Phone: Inspection Type: Stormwater Page:1 Permit: SW8991202 Owner • Project: Horton Commercial Association Inc Inspection Date: 11/19/2009 Inspection Type: Stormwater Reason for Visit: Routine Inspection Summary: 1. A permit modification is required to resolve the changes to the reserved lot. 2. Outlet structure and/or discharge pipe needs to be repaired. 3. Vegetated filter at outlet of discharge pipe needs to be installed and/or pond needs to be enlarged to achive 90% TSS reduction. 4. A new Engineer Certification must be submitted after repairs and modifications are complete. 5. Maintenance records for the sand filter located at the entrance road (High Street) must be submitted for review. Page:2 ri Permit: SW8991202 Owner - Project: Horton Commercial Association Inc Inspection Date: 11/19/2009 Inspection Type: Stormwater Reason for Visit: Routine 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? Comment: Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: 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? Comment: 1. There is no vegetated filter at the outlet of the discharge pipe. 2. It appears that the discharge pipe has broken away from the outlet structure. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE Yes No NA NE ❑s❑❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ Yes No NA NE ❑ O ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment: The outlet structure and/or discharge pipe needs to be repaired. Vegetated filter needs to be installed and/or the pond needs to be enlarged to achieve 90% TSS removal. Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: Reserved Lot has been bought and built -upon without a permit modification. Some of this lot drains offsite through exiting drainage ditches in front and back of the property. Some drains to an irrigation pond not shown on the plans. Lot owner's name is Bill Brown of B&B Ventures. He has a company called Little Nine, LLC and will be obtaining a stormwater permit for his new property which includes a large tract of land behind the reserved lot. Other WQ Issues Is the site compliant with other water quality issues as noted during the inspection? Yes No NA NE Yes No NA NE 91DI N Page: 3 Permit: SW8991202 Owner - Project: Horton Commercial Association Inc Inspection Date: 11/19/2009 Inspection Type: Stormwater Reason for Visit: Routine Comment: A large amount of offsite stormwater drains around the stormwater pond into the exiting drainage ditch. This overflows the ditch into the roads. Also, the inlets and inlet stormwater pipe to the pond cannot handle all runoff from the streets during heavy rains. This causes flooding in the streets. Page:4 STORNINVATER COMPLIANCE INSPECTION REPORT 2. 3. 0 Project Name: David A. Horton Subdivision Project Nu nbcr: SW8 991202 Control Measure: Wet Detention Pond. Water Body: Newport River Classification: C Directions to site, address: Off Little Nine Drive (NCSR 1601) Inspection Date: November 15, 2000 Weather Conditions: Sunny, cool Compliance Issues: a. The emergency overflow weir cut into the pond appears to be lower than the outlet structure overflow. This means that the pond may not be providing the required minimum storage volume. b. The vegetation in the pond is very sparse, and the majority of it is dead. C. A copy of the recorded deed restrictions has not been submitted. d. One of the lots is under construction, Crystal Coast Auto Clinic, and has not submitted for an offsitc permit. C. The required Designer's Certification has not been received. Required Actions: a Please check the elevations of the emergency overflow and the outlet structure. Provide sufficient storage, per the approved plans. Provide permanent seeding for the pond. Record and submit the required deed restrictions per Section 11, Part 15 of your permit. No action on your part is required. I will contact the Auto Clinic and get them to submit a plan. Once all the corrections have been done, provide the Designer's Certification. Inspector: Linda Lewis ��,./✓ Water Quality/Wilmington Regional Office/(910) 395-3900 RSS/arl: S:AWQS\S"fORMWAT\INS13ECT\991202.NOV