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Home My WebLink AboutSW8070229_NOV_20220210ROY COOPER Governor ELIZABETH S. BISER Secretary BPJAN WPENN Director February 10, 2022 NORTH CAROLINA Environmental Quality CERTIFIED MAIL, 7018 1830 0000 9681 5852 RETURN RECEIPT REQUESTED Harold Shipp, Jr. etux Karen B 561 Neptune Drive Swansboro, NC 28584 Subject: NOTICE OF VIOLATION NOV-2022-PC-0046 Bogue Commercial Drive Stormwater Permit No. SW8 070229 Carteret County Dear Mr. and Ms. Shipp: On February 9, 2022, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources (DEMLR) performed a Compliance Inspection of the subject project, located at Bogue Commercial Drive, Carteret County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 070229 issued to you on May 23, 2007. The project has been found in violation of Stormwater Permit Number SW8 070229 issued pursuant to the requirements of the Stormwater rules, 15A NCAC 2H.1000. The violations found are: 1. Failure to limit built upon area (BUA). Per Section 1 Design Standards of the permit, each of the 10 lots is limited to a maximum of 7271 square feet of built upon area. Lot 6 and Lot 4 have exceeded the BUA according to Carteret County Tax GIS. 2. Failure to Operate and Maintain the Stormwater System. Per Section IL l of the permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted Stormwater system functions at optimum efficiency. The inspector observed that the swales do not flow as designed. A driveway on Lot 5 has impeded flow. Positive drainage must flow to a swale on Lot 3, leading to a level spreader, which is not installed. 3. Failure to construct according to the approved plan. Per Section II.I of the Permit the permittee shall construct, operate and maintain the approved Stormwater system in accordance with the permit requirements and the supporting documents. The level spreader has not been installed per approved plans. 4. Failure to certify the stormwater system. An administrative review of the file revealed that this Office has not received the Designer's Certification required by Section 11.10 of the Permit. This permit condition states that within 30 days of completion of construction, 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. No certification has been received. 5. Failure to provide recorded deed restrictions. Per Section II.I 1 and 11.12 of the Permit, a copy of the recorded deed restrictions was required to be submitted within 30 days. Deed restrictions for each lot must be recorded including all statements related to stormwater management per Section IL 1 l.a-j. If D ri �J� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension Wilmington, North Carolina 28405 ow°'°'^^'wc"^ ^^e^•iaw\ /`� 910,796.7215 State Stormwater Permit No. SW8 070229 Page 2 of 2 To correct these violations, you must: 1. Install and maintain all stormwater control measures including swales and the level spreader. 2. Submit the required Designers Certificate. 3. Submit permit modification for any BUA exceedances. 4. Submit a copy of the required deed restrictions and protective covenants. Please provide a "Plan of Action" by March 15, 2022 to DEMLR that states how and when these violations will be corrected. If we do not receive your plan of action by this date, you will be in violation of 15A NCAC 2H.1000, which could result in the initiation of enforcement action and may include recommendations for the assessment of civil penalties up to $25,000 per day for each violation pursuant to N.C.G.S. 143-215.6A. If you have any questions concerning this matter, please call Brian Lambe at (910)-796-7215 or by email: Brian. Lambe@ncdenr.gov Sincerely, Brian Wrenn, Director Division of Energy, Mineral, and Land Resources Enclosures: Compliance Inspection Report DES\bpL \\\Stormwater\Permits & Projects\2007\SW8070229 LD\2022 02 NOV 070229 cc: Alaina Mormon, Central Office; DEMLR via email Wilmington Regional Office Stormwater File D_E Q,. North Carolina Department of Environmental Quality 1 Division of Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 rn��wiww 910.796.7215 Compliance Inspection Report Permit: SW8070229 Effective:04/30/07 Expiration: Project: Bogue Commercial Park Owner: Harold L Shipp County: Carteret Region: Wilmington Adress: NC Hwy 24 City/State/Zip: Newport NC 28570 Contact Person: Harold L Shipp Title: Phone: Directions to Project: From intersection of NC 58 and NC 24 in Cedar Point, NE on NC 24, approx. 1.6 miles. Site on right. Type of Project: State Stormwater - Low Density Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 02/09/2022 Entry Time 11:OOAM Primary Inspector: Brian P Lambe/ Secondary Inspector(s): \1 /1I Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 12:30PM Phone: Inspection Type: Compliance Evaluation page 1 Permit: SW8070229 Owner - Project: Harold L Shipp Inspection Date: 02/09/2022 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: Met with Mr. Shipp and reviewed permit compliance issues. Tax GIS tax card 001 total of 4240 sq ft for the building. tax card 003 total of 5125 sq ft for paving. Total per Tax GIS 9310 sq ft. page 2 Permit: SW8070229 Owner - Project: Harold LShipp Inspection Date: 02/09/2022 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ ❑ NEI Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑ Comment: Deed restrictions required per permit condition 12 for low density commercial subdivisions are not recorded on Carteret County Register of Deeds or with this file. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ 0 ❑ ❑ 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? ❑ IN ❑ ❑ Comment: BUA exceeds the allotted 7271 square feet per lot. Boque Sound Distillery expanded the lot size and exceeded lot BUA requiring separate action bV this office. Lot 4 Boque RV, has exceeded the BUA limit by installing building and pavement of over 9.000 square feet. The driveway appears to be shared with Lot 5. Lots 1 2 3 5 7 8. & 9 have significant numbers of RVs and tiny homes that need accounting for BUA purposes. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ 0 ❑ ❑ Are the inlets located per the approved plans? ❑ ❑ 0 ❑ Are the outlet structures located per the approved plans? ❑ ■ ❑ ❑ Comment: Level spreader not installed. 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: Swales have been filled and level spreader is not installed. 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? ❑ ❑ ❑ Comment: page 3