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