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HomeMy WebLinkAboutSW8070843_Compliance Evaluation Inspection_20211217ROUNTREE LOSEE LLP Est. 1896 Stephen D. Coggin Attorney at Law Phone; 910.763.3404 street address: 2419 Market Street Fax:910.763.0080 Wilmington, NC 28403 eman: scoggins@rountreelosee.com Naagang Address: P.O. Box 1409 www.rountreelosee.com Wilmington, NC 28402 STATE OF NORTH CAROLINA, Department of Environmental Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 29405 (910) 796-7215 FILE ACCESS RECORD DEQ SECTION: fDE VAOS/N r Am REviEw TIME i DATE : 121 1-1 ) Z O 2 k l O � O 0 a Y1n xA1v>E: k hc'x� Coag�rs EMAIL: St 0C g M s 9 rourct're.Llos�e-Corr, REPRESENTING: C�uYIe e (1 �� LLB PHONE: R i O _, l0 3- 3q O +' Guidelines for Access: The staff of Wilmington Regional Office is dedicated to malting public records in our custody readily available to the public for review and copyingwe also have the responsibility to the public to safeguard these records and to carry out our day -today program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day is advance to schedule an appointment to review the files. Appointments will be scheduled between 9.00am and 3.00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the fines to the extent that time and staff supervision is available. — 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3: l' 4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the receution desk. 5. F M MUST BE KEPT IN ORDER YOU FOUND THEM Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No W efcase& large totes etc are nerni tted in the file review area. 6... Necessary large plan copies can be scheduled with Cameron.Weav cdenr gov 919-796-7475 for a later daWtime at an offsite location at your expense. barge plan needed should be attached on top of the file. Allways Graphics can be contacted to set ent - - °ptions x._...W71?a3'm . 7. In accordance with General Statae 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1 R 03 'A 3 '?P� d �r 2. 3. 4. 5. M. �(10 S\ p oftY't- , 12 n 21 1 a' 00 am Signatureand-Name of FirmlBusiness Date NNMD/YY Time In Time Out COPIES MADE _ PAID INVOICE GJADM/Shareffite Review Access Form rev 2018 STATE OF NORTH CAROLWA, Department of Environmental Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 25405 (910) 796-7215 FILE ACCESS RECORD DEQ SECTION:REVIEW TIME / DATE at:Vt NAME:(y:!�dt� EMAIL: r6.����`�P�z6eA�$'&�Oi'1`��°a`l�ar�% REPRESENTING: C,,0%®3t G U j -"- PHONE: Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: I. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00m. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. CAMA. Maior�Permits. are is''sued out of.the Morehead, CttKIIistnct Office.- The. CO1k1PI ETT file ' A th '-' 6r.ehead Office.,and may contain additional,information and/or comments.which may:'not:be in the WIRO file: 4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. 5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 6.. Necessary large plan copies can be scheduled with Camerott. Weaver(aancdenr.trzov 919-796-7475 for a later date/time an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written questions may be left with this completed' form and a staff member will `,be m contact ith you;IF xiiu pro de: your contact inforri�atton where Indicated. above. 7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME 2. 4. COUNTY i tore and Nam of Firm/Business Date D/YY Time In Time Out COPIES MADE 6 PAID INVOICE G:/ADM/Shared/File Review Access Form rev 2018 � 00 sro ,Q W n C n 46 N ~ 0� o z A DAD D�J C { 1'D > _ c LO to i} _3 m N rn O� °1 v Q B o� O c W c p y t 1 3 3' rDgo Cb > o D mLA rr) O v u � LA ul m Fri t� DtiY rrr m O O N C a ?'a - I '" µ 1 PI)N ' '� Gi m 0 M ram- v N 0 Po . Z T ...,�.� ,. .,..s.�..;�..�r...�,..,. N V ■ m N O y NMTH CAROLINA. Royal Pahn Development ATTN: Alvin Batts, Owner PO Box 2294 Surf City, NC 28445 Subject: Notice of Inspwtion — Not Compfimt Royal Palms Devek9ment She Stormwater Permit No. SW8 07OW Pender Casty Effective August 1, 2013, the Stale Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral -and nd Laud Resolves (DC'' MLR). All previous des to DWQ will remain in oar skrnrwater permits issued: prime to August 1, 2013 until they are modified. Please now that this letter des DEM LR as the Division re i-ble for compliance with the permit. On. August 5, 2009, the Gwarnor signed Session Law 2.OW 4E16. This law impacted any devekTment approval mued by the former Divan of Water Qaalcty under Article 21 of Chapter 143 of the General Sues„ which was current and valid at any point between January 1, 2009, and December 31, 2010. The law eked the effi)ctive period of any stormwater permit that was set to expire during this time frame to three (3) years from its cm t expiration date. On August 2, 201 %, the Governor signed Session Law 2010-177, which granted an Kira year for a total of fours (4) years extension. Accordingly, the Division is herewith notifying, you that the subject permit is now effective from the date of issuance until December 30, 2021, which includes all available extensions. On July 21, 2021, the Wilmington Re:giomal Office of the Diwishm of Energy, Mineral and: Land Resources (DEARK) inspected the subject project,. low at .Tames Ave in Pender County to zinc the sus of compliance with the State Stormwaber Management Permit Number SW8 070943 issued on April 17, 2008_ DENLR file review and site inspection revealed that the site is not in compliance with the terns and conditims of the permit Please field a copy of the completed form entitled Compliance Inspection Report" attached to this letter, which summarms the findings, of the recent inspection As indicated in the attached hvipectim report, the following deficiencies roust be resolved. L Permit Condition 1 y, I Z 11.4.d, E1.14, and 11.15- An inspection: at Royal. Patin Development found that the as -built conditions are different firam the approved site plan. It appears that the number of lots has increased. Please submit a permit modification application package farthe as-bu ih condition to the Division for appraval. 2. Permit Conditions H.15 and 11.16: A copy of the recorded deed restrictions on Book 3771 Page 0020 indicates the awed built -upon area per lot of 3,660 square feet for Phase 1 only. Please submit a copy of the recorded deed restrictions that are based on the current site layout. 3. Permit Condition 11.8: A copy of the permittee's certification has been submitted for Phase 1 only. Once the site is brought into compliance, please submit a copy of the final certification.. 4. 15A NCAC 2111445(3) The permit will expire December 30, 2021. Per 15A NCAC 2H.1045(3) (the stmwrwafer roles), applications for permit renewals shall be submitted 190 days prior to the won of a permit The renewal application can be: found at the following webske under the Applicafions. Forms section: httas:/fdeQ.ne.wv/abou t/divisi s/enetev-mineral-la resouLrces/ener2v-mime -g rulepsJstormm!gW agrarnfp€�t-c�cm. Please. submit a permit renewal application request including the appropriate application, d€ a mentation, and the processing fee, which is currently set at $505.00. Nerffi Qmvku new of Ern henna 1 Qmty f flute — cfBn-W Mheral and Land Resa —m 1 f gkmafl Office I 127 Ca ft& DdveExtenWan I W&nftpn.Nmth.Cam1mZW5 9Rf?7963-M Sty Stormwater Perlin No SW8 070943 Page 2 of 2 Please be advised that, as the permhtee, you are required to comply with the terms, conditions and limits of the Stormvwater Management Permit under Title 1.5A Non* Carolina Administrative Cook 2H _1003 and North Carolina Oral Statute 1443-214.7,. iwluling the own and makkmance of the permitted storm water system and the requirement to submit any changes fixm the aMoved ply to the Division for approval.. Failure to proves the requested information, or to respond to this letbw with a plan of act Km, inclmiing a timeline to resolve the identified deficiencies, by August 26, 2021, are carte violations of the permit: If the requested information is not submitted to this office by the de ate,. then DENE,R staff will. re -inspect the site and may issue a Notice ofViolahon. Please also noW that any mdm&W or entity fend to be in noncompliance with the PMVWdns of a starrmvwater m iagement permit or the st0rMW8W ndW is sect to Beni action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $$25,000 per day. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796- 7215 or via email a#ss.edmoCdenr.gov. S' rely, 1NVwL- j onds Environmental Engineer Enclosure.: Compliance Inspectim Report DES\jme: 114Stcrmwater\Permits & Projects\2007\070843 HD\2021 07 CELCEI .lent 070843 cc: Jason: Rupert, E.I., Cavanaugh & Aswcmtes, P.A. WiRi O Stormwater Permit File MAR North Carolina. Depart e r of E .k.—wW Quality I D o€E-M Mheral and. Lazed Rcs,., r4roVVIh dngton Re&aal 0fte I LN CardhW Drive Extensm I VY%nmgton, North caroifim2mos 910.M7215 Compliance Inspection Report Permit: SW8070843 Effective:04/17/08 Expiration: 12/30/21 Project: Royal Palm Development Owner: Royal Palm Development Corp County: Pender Region: Wilmington Contact Person: David Wayne Lanier Adress: Jh Batts Road Community Center Dr City/State/Zip: Surf City NC 28445 Title: President Phone:910-328-4857 Directions to Project: From intersection of US 17 & NC Hwy 50, travel east on NC Hwy. 50 3 miles. Turn right onto JH Batts Rd., turn right just before Community Center Drive. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (Beckys Creek (Bishops Creek)) (03-06-24) ( SA;HQW) 2 - (Beckys Creek (Bishops Creek)) (03-06-24) (SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 07/21/2021 Entry Time 11:15AM Primary Inspector: Trentt James Secondary Inspector(s): Jessica Edmonds Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 11:45AM Phone: Inspection Type: Compliance Evaluation page 1 Permit: SW8070843 Owner - Project: Royal Palm Development Corp Inspection Date: 07/21/2021 Inspection Type Compliance Evaluation Reason for Visit: Complaint Inspection Summary: To bring this system into compliance, the following must be completed: 1. Please submit a permit modification application package for the as -built condition to the Division for approval. 2. Please submit a copy of the recorded deed restrictions that are based on the current site layout. 3. Once the site is brought into compliance, please submit a copy of the final certification. 4. The renewal application can be found at the following website under the Applications Forms section: https://deq.nc.gov/about/d ivisions/energy-mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-I struction. Please submit a permit renewal application request including the appropriate application, documentation, an( the processing fee, which is currently set at $505.00. page 2 G Permit: SW8070843 Owner - Project: Royal Palm Development Corp Inspection Date: 07/21/2021 Inspection Type Compliance Evaluation Reason forvisit: Complaint File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑ Signed copy of the Operation $ Maintenance Agreement is in the file? E ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑ Comment: 1. A copy of the recorded deed restrictions on Book 3771 Page 0020 indicates the approved built-upor area per lot of 3,660 square feet for Phase 1 only. 2. A copy of the permittee's certification has been submitted for Phase 1 only. 3. The permit will expire December 30.2021. Per 15A NCAC 2H.1045(3) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ E ❑ ❑ Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑ Comment: An inspection at Royal Palm Development found that the as -built conditions are different from the approved site plan. It appears that the number of lots has increased. 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? ❑ ❑ ❑ E Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ ■ DWQ upon request? Comment: It had recently rained and the SCM had water in it. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ G Comment: page 3 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FUE ACCESS RECORD TIIvWATB NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to 1he large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments wdl be scheduled between Y!00am and.3:00Rw. Viewing time ends at 4:45pm. Anyone arriving without am gaointment may view the tiles to the extent that tinge and staff supervision is available. 2. You must specify $%s you want to review by faeilli . name. The number of files that you may review at one time will be limited to five. 3- You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check money order, or cash at the recepgon desk. Copies tot hw $5 00 or more can be invoiced for your eonvenzence. 4.. FILES MUST BE KEPT IN ORIDER YOU FOUND THEMf Files may not be taken from the office. To remove, alter, deface, mutflate, or destroy material in one of these files is a misdemeanor .fnr which you can be fined up to $500.00. No briiefeases, laze ioies_,,etc. are pmitied in the fide review area. 5. In accordance with General St atu 25-3-512, a $25.00 processing fee will be charged and eolleeted.for checks on which payment has been refused. FACILITY NAME COUNTY A 2. 3. 4 Z4 - " 6V i 9 14 8 ture Name ofFirrn/Business Date Time in Time Out Please attach a business card to this form COPIES MADE PAS INVOICE S:Adrnin.file access ' STATE OF NORTH CAROLINA Department of Environment and Natural Resources Regional Office FILE ACCESS RECORD SECTION DATERIME 3 *ae) NAME 16&*1,9V REPRESENTING Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1 _ Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff'supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies — there is no charge for 25 or less copies Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Piles may not be taken from the office. No briefcases, large totes etc are permitted in the file review area To remove, alter; deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance �viih QS 25=3-512, a $25.00 proceGsing fey: will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 1. 2. 3. 4. 5. G � Sig ture/ of Firm or Business Date Time In Time Out Plea se atta b sfness card to form if available