SW8970925_Compliance Evaluation Inspection_20230608

STATE OF NORTH CAROLINA,Department of Environmental Quality,
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 [phone]
FILE ACCESS RECORD
DEQ SECTION: '\) G MUZ., SVNI REVIEW TIME/DATE:-V �l Z'3 &) 1 p 3 C) ®m
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FACILITY NAME COUNTY
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COPIES MADE PAID INVOICE
G/ADM/Shared/File Review Access Form rev 2022

N ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy,Mineral& TRACY DAVIS
Director
Land Resources
ENVIRONMENTAL QUALITY
October 10,2017
Gary A. Mercer, President
Mercer Building&Design,Inc.
106-C Professional Park Drive
Beaufort,NC 28516
Subject: Amended Notice of Inspection —Not Compliant
Courtyard West aka Pollard Property
State Stormwater Management Permit No. SW8 970925
Carteret County
Dear Mr.Mercer:
On March 1,2017,the Division of Energy,Mineral and Land Resources(DEMLR)notified you of the
deficiencies found as part of the February 23,2017, inspection of Courtyard West(aka Pollard Property)
which is located off Chatham Drive and New Bern Street in the Town of Newport,Carteret County. You
have not responded to that letter. The Division has amended the original inspection report(attached)to
include potential BUA overages on the Woodlands Phase V lots and permit transfer information. Please
note the following compliance deficiencies that must be resolved:
OPERATION AND MAINTENANCE
Remove the accumulated trash around the outlet structure. The outlet structure must be inspected monthly
and kept clear of debris as indicated in the Operation&Maintenance Agreement. Easier access to the
outlet structure should be provided for routine inspection and maintenance.
The inlet of the orifice pipe needs to be turned down so that floating debris won't be able to enter the
orifice and clog it up. Please provide a more secure mechanism to hold the pipe in place with a down-
turned elbow.
Please verify that the permitted design depth in the pond has been provided.
BUILT-UPON AREA
Woodlands Phase V is covered by the SW8 970925 permit,which currently assigns a maximum BUA of
3500 sf to each of the 12 lots.However,it appears that at least 2 of the lots (at 1675 and 1679 New Bern
Street)may have exceeded that maximum amount.As the permit holder, it falls to you to determine if
these lots are in compliance, and if they are not,you must notify the owners of this possible exceedance
of the BUA limits and require the lot owners to resolve the situation in a timely manner.
PERMIT TRANSFER
The permit is for a wet detention pond which four individual projects utilize to meet their stormwater
treatment requirements.At some point in time,the permit will need to be transferred to an owner's
association that represents all 4 of the individual projects as members. The association should provide for
the long-term operation and maintenance of the pond,oversight and enforcement of the built-upon area
limits for the individual developments and for the 12 lots in Woodlands Phase V.Please be advised that
until you submit the required Permit Transfer Application Form to the Division and receive approval from
the Division to transfer the permit,you are required to comply with the terms,conditions and limitations
of the Stormwater Management Permit issued under Title 15A NCAC 02H.1000 and North Carolina
General Statute 143-214.7, including the enforcement of the built-upon area limits on the Woodlands
Phase V lots, and the operation and maintenance of the permitted stormwater system.
State of North Carolina I Environmental Quality I Energy.Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405
910 7967715

State Stormwater Permit No. SW8 970925
Page 2 of 2
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Permit Transfer Application Form to the Division of Energy,Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. This form is available on our website at:
https://deq.nc.gov./about/divisions/ener_y-mineral-land-resources/energy-mineral-land-
permits/storm\ater-pe rm its/forms.
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256. Please remember that the
permit does NOT automatically transfer to the new property owner with the sale of the property.
The permit holder is required to initiate the transfer of the permit;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall
wind up,which may include continuing the business of the LLC for a period of time. The person
charged with winding up the LLC shall collect the LLC's assets [which include the stormwater
management permit], and distribute the assets as provided in NCGS 57D-6-08(2).
f. A name change of the owner/permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies,by November 10,2017, are considered violations of the
permit. If the requested information is not submitted to this office by the due date,then DEMLR staff
will re-inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement 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 at linda.lewis@.ncdenr.gov.
Sincerely,
Get/1:7aC.‘ 4(1(1°1:2)
Linda Lewis, E.I.
Environmental Engineer III
Enc: Updated October 6,2017 Compliance Inspection Report
GDS\arl: G:\\\Stormwater\Permits&Projects\1997\970925 HD\2017 10 CEI_deficient 970925
cc: SW8 011103 -Keith Walker,President-*East Carolina Community Development,Inc.
SW8 981203 -Keith Walker,President-*East Carolina Community Development,Inc., GP
Elm Green Apartments Limited Partnership
SW8 061111 -Keith Walker,Manager-*Castle Glen, LLC
Georgette Scott,Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
•
•
State of North Carolina I Environmental Qualify I Energy.Min.:ral and Land Resources
Wilmington Regional Office 112t Cardinal Drive Extension I Wilmington,NC 28405
9/07967215

ROY COOPER
IC
Governor
MICHAEL S. REG.AN
Secretary
Energy,Mineral& TRACY DAVIS
Land Resources °i```fur
.ENVIRONMENTAL QUALITY
March 1, 2017
Gary A. Mercer,President
Mercer Building&Design,Inc.
106-C Professional Park Drive
Beaufort,NC 28516
Subject: Notice of Inspection—Not Compliant
Courtyard West aka Pollard Property
State Stormwater Management Permit No. SW8 970925
Carteret County
Dear Mr. Mercer:
On February 23,2017, staff from the Wilmington Regional Office of the Division of Energy,Mineral and
Land Resources(DEMLR)inspected Courtyard West aka Pollard Property,located off New Bern Street
in Carteret County to determine the status of compliance with State Stormwater Management Permit
Number SW8 970925,which was originally issued to you on October 1, 1998. DEMLR file review and
site inspection revealed that the site is NOT in compliance 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 fmdings of the recent inspection.
As noted in the inspection report,the following deficiencies need to be resolved:
1. It appears that an excessive amount of trash has accumulated again around the outlet structure. I
removed a bottle from the orifice pipe to make it flow better. This area should be cleaned on a
regular basis. We recommend that something like an access bridge be installed in order to
maintain the outlet structure, clean the orifice pipe&trash rack, and make repairs as needed.
2. ,.The inlet of the orifice pipe needs to be turned down so that trash won't get stuck in there. Please
provide a more secure mechanism to hold the pipe in place with a down turned elbow.
3. Please verify that design depths were checked.
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Name/Ownership Change Form to the Division of Energy,Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes.These forms are available on our website
at: https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
permits/storlwater-permits/forms.
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part.This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association,subject to the requirements of Session Law 2011-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
State of North Carolina I Environmental Quality I Energy.Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215

State Stormwater Permit No. SW8 970925
Page 2 of 2
e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall
wind up,which may include continuing the.business of the LLC for a period of time. The person
charged with winding up the LLC shall collect the LLC's assets [which include the stormwater
management permit], and distribute the assets as provided in NCGS 57D-6-08(2).
f. A name change of the owner/permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Please be advised that until you submit the required Name/Ownership Change Form to the Division and
receive approval from the Division to transfer the permit,you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation
and maintenance of the permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action,including a
timeline to resolve the identified deficiencies,by March 29,2017, are considered violations of the
permit. If the requested information is not submitted to this office by the due date,then DEMLR staff
will re-inspect the site and may issue a Notice of Violation.Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement 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.at [e-mail].
Sincerely,
Steven G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
DS\sgp: \\\Stormwater\Permits&Projects\1997\970925 HD\2017 02 CEI_deficient 970925
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina 1 Environmental Quality 1 Energy.Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215

Compliance Inspection Report
Permit: SW8970925 Effective: 10/26/16 Expiration: 10/01/20
Project: Courtyard West Aka Pollard Property
Owner: Mercer Building&Design Inc
County: Carteret Adress: 1800 Courtyard W
Region: Wilmington
City/State/Zip: Newport NC 28570
Contact Person: Gary A Mercer Title: President Phone:
Directions to Project:
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas:
On-Site Representative(s):
Related Permits:
SW8061111 Castle Glen LLC-Castle Glen Apartments
Inspection Date: 02/23/2017 Entry Time: 12:00PM Exit Time: 01:OOPM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s): j inch L
Reason for Inspection: Follow-up Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
page: 1

Permit: SWB970925 Owner-Project: Mercer Building&Design Inc
Inspection Date: 02/23/2017 Inspection Type Transfer Renewal Reason for Visit: Fallow-up
Inspection Summary:
The following deficiencies need to be resolved
1. We recommend that an access bridge be installed in order to maintain the outlet structure, clean the orifice pipe&
trash rack, and make repairs as needed It appears that an excessive amount of trash has accumulated again around
the outlet structure. I removed a bottle from the orifice pipe to make it flow better This area should be cleaned on a
regular basis.
2. The inlet of the orifice pipe needs to be turned down so that trash won't get stuck in there. Please provide a more
secure mechanism to hold the pipe in place with a down turned elbow.
3. Please verify that design depths were checked.
4. Please transfer the permit to a legally formed association for the purpose of maintaining the permitted facility and
enforcing the built-upon area limits on the Woodlands V lots.
5. Two of the twelve permitted Woodlands V lots appear to have exceeded their maximum 3500 sf BUA limit. Please
investigate, notify the lot owners and require resolution.
page: 2

Permit: SW5970925 Owner-Project: Mercer Building&Design Inc
Inspection Date: 02/23/2017 Inspection Type Transfer Renewal Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? • ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? M ❑ ❑ ❑
Signed copy of the Operation.&Maintenance Agreement is in the file? El ❑ El 0
Copy of the recorded deed restrictions is in the file? E El ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? H ❑ ❑ ❑
Are the inlets located per the approved plans? E El ❑ ❑
Are the outlet structures located per the approved plans? ❑ 0 ❑ El
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ 0 El
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ 0
DWQ upon request?
Comment: 1. We recommend that an access bridge be installed in order to maintain the outlet structure, clean the
orifice pipe&trash rack, and make repairs as needed. It appears that an excessive amount of trash
has accumulated again around the outlet structure. I removed a bottle from the orifice pipe to make it
flow better. This area should be cleaned on a regular basis.
2. The inlet of the orifice pipe needs to be turned down so that trash won't get stuck in there. Please
provide a more secure mechanism to hold the pipe in place with a down turned elbow.
3. Please verify that design depths were checked.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? El • ❑ 0
Comment: 4. The permit needs to be transferred to an association set up for the purpose of maintaining the
stormwater system and for enforcing the BUA limits.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ j El El
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: 5. Two of the twelve lots in Phase V of Woodlands Subdivision appear to have exceeded the maximum
BUA limit of 3500 sf.
page: 3

U.S. Postal Service"'
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• Complete items 1,2,and 3.Also complete A. -'gnature
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PS Form 3811,July 2013 Domestic Return Receipt

PAT McCRORY
N
T Governor
DONALD R. VAN DER VAART
Secretary
Energy,Mineral& TRACY DAVIS
Land Resources
Director
ENVIRONMENTAL QUALITY
August 2, 2016
CERTIFIED MAIL#7014-2120-0000-8057-7552
RETURN RECEIPT REQUESTED
Gary A. Mercer,President
Mercer Building&Design,Inc.
106-C Professional Park Drive
Beaufort,NC 28516
Subject: NOTICE OF VIOLATION
NOV-2016-PC-0385
Failure to Renew Stormwater Management Permit&Maintain System
Stormwater Permit No.SW8 970925
Courtyard West aka Pollard Property
Carteret County
Dear Mr.Mercer:
Effective August 1, 2013,the State Stormwater program was transferred from the Division of Water
Quality(DWQ)to the Division of Energy,Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1,2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for issuance of the
permit.
On July 27,2016, staff from the Wilmington Regional Office of Division of Energy,Mineral and Land
Resources(DEMLR)performed a file review and compliance inspection of the site to determine the
status of compliance with Stormwater Management Permit SW8 970925,which was issued to you on
October 1, 1998 for the Courtyard West aka Pollard Property.This inspection revealed that this site is in
violation of the permit and Title 15A of the North Carolina Administrative Code(NCAC)21-1.1003 in
accordance with North Carolina General Statute(G.S.) 143-214.7.
The violations found include:
I. Failure to Renew State Stormwater Permit
Title 15A NCAC 2H.1003 (h)(2)requires applications for permit renewals to be submitted at least 180
days prior to the expiration of the permit. The permit expired on October 1,2012,therefore an
application for a permit renewal was required to be submitted to the Division on April 1,2012(180 days
prior to expiration). Several letters were sent by the Division requesting renewals of this permit;the first
was sent in March 2011 notifying the permittee that the expiration date had been extended until October
1,2012. However, as of the date of this letter,the Division has not received an application to renew
Stormwater Permit SW8 970925.
II. Failure to Maintain the Stormwater System
Per Section 11.6 of the permit,the Permittee shall provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency. The following deficiencies were
found:
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215

State Stormwater Permit No. SW8 970925
Page 2 of 2
1. The inlet swales(leading to the pond)have excess sediment and need to be cleaned out,re-
graded, and re-seeded.
2. Sediment levels in the forebay and main pond need to be checked, and it appears that the pond
will need to be cleaned out to restore the proper depths in the pond in accordance with design
requirements.
3. Forebay berm elevation should be checked to ensure it meets the design requirement.
4. There are a couple areas around the pond where minor erosion was noticed.Needs repair.
5. The outlet structure needs to be cleaned and debris removed from around its perimeter.
6. An access path or bridge needs to be constructed in order to access the outlet structure, check the
orifice,clean, and/or make repairs.
Required Response
This office requires that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address. Your response should
address the following items:
1. Submit the enclosed renewal application along with the processing fee, currently set at$505.
2. Provide a written "Plan of Action"which outlines the actions you will take to correct the
deficiencies noted and advise a time frame for completion of those actions.
3. Upon completion of all non-compliance issues, conduct and submit a new Engineer
Certification to this office.
Failure to provide the renewal application or the "Plan of Action"within thirty(30) calendar days or to
correct the violations by the date designated in the "Plan of Action" are considered violations of 15A
NCAC 2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties,pursuant to NCGS 143-215.6A.
Please be advised,these violations and any continuing or future violations are subject to a civil penalty
assessment of up to$25,000.00 per day for each violation pursuant to North Carolina General Statute
143-215.6A.
This office requires that the violations,as detailed above,be abated and properly resolved. Should you
have any questions regarding these matters,please contact Steve Pusey at 910-796-7215.
Since ely,
�� 7
7oz Tracy Davis,P.E.,Director
Division of Energy,Mineral and Land Resources
GDS/sgp: G:\WQ\Shared\Stormwater\Permits&Projects\1997\970925 HD\2016 08 NOV 970925
Enclosures: Inspection Report
Permit Renewal Application Form
Designer's Certification Form
cc: Bradley Bennett,DEMLR
Jim Gregson,DWR
New Hanover County Building Inspections
Georgette Scott,WIRO Stormwater Supervisor
WIRO Stormwater File
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215

Compliance Inspection Report
Permit: SW8970925 Effective: 10/01/98 Expiration: 10/01/12
Project: Courtyard West Aka Pollard Property
Owner: Mercer Building Company Inc
County: Carteret Adress:
Region: Wilmington
City/State/Zip:
Contact Person: Gary A Mercer Title: President Phone:
Directions to Project:
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas:
On-Site Representative(s):
Related Permits:
SW8061111 Castle Glen LLC-Castle Glen Apartments
Inspection Date: 07/27/2016 Entry Time: 02:00PM Exit Time: 03:OOPM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Transfer Renewal
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Ill Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page: 1

Permit: SW8970925 Owner-Project: Mercer Building Company Inc
Inspection Date: 07/27/2016 Inspection Type Transfer Renewal Reason for Visit: Follow-up or
Inspection Summary:
The following deficiencies were found at the site:
1. The inlet swales (leading to the pond) have excess sediment and need to be cleaned out, re-graded, and re-seeded.
2. Sediment levels in the forebay and main pond need to be checked, and it appears that the pond will need to be
cleaned out to restore the proper depths in the pond in accordance with design requirements.
3. Forebay berm elevation should be checked to ensure it meets the design requirement.
4. There are a couple areas around the pond where minor erosion was noticed. Needs repair.
5. The outlet structure needs to be cleaned and debris removed from around its perimeter.
6. An access path or bridge needs to be constructed in order to access the outlet structure,check the orifice, clean,
and/or make repairs.
The following actions need to be taken in order to bring this project into compliance:
1. Submit a renewal application along with the processing fee,currently set at$505.
2. Provide a written "Plan of Action"which outlines the actions you will take to correct the deficiencies noted above, and
advise a time frame for completion of those actions.
3. Upon completion of all non-compliance issues, submit a new Engineer Certification to this office.
page: 2

Permit: SW8970925 Owner-Project: Mercer Building Company Inc
Inspection Date: 07/27/2016 Inspection Type Transfer Renewal Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? 0 0 0
Signed copy of the Engineer's certification is in the file? • ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? • ❑ ❑ 0
Copy of the recorded deed restrictions is in the file? • 0 0 0
Comment: The permit expired on October 1,2012,therefore an application for a permit renewal was required to be
submitted to the Division on April 1, 2012(180 days prior to expiration).
SW Measures Yes No NA NE
•
Are the SW measures constructed as per the approved plans? • 0 0 0
Are the inlets located per the approved plans? • ❑ 0 0
Are the outlet structures located per the approved plans? • ❑ 0 0
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? 0 MI 0 0
Are the SW BMP inspection and maintenance records complete and available for review or provided to 0 0 0 II
DWQ upon request?
Comment: 1.The inlet swales (leading to the pond) have excess sediment and will need to be cleaned out,
re-graded,and re-seeded.
2.Sediment levels in the forebay and main pond need to be checked, and it appears that the pond will
need to be cleaned out to restore the proper depths in the pond in accordance with design
requirements.
3. Forebay berm elevation should be checked to ensure it meets the design requirement.
4.There are a couple areas around the pond where minor erosion was noticed. Needs repair.
5.The outlet structure needs to be cleaned and debris removed from around its perimeter.
6.An access path or bridge needs to be constructed in order to access the outlet structure, check
orifice,clean,and/or make repairs.
page: 3

O�Of W A r oi/ Michael F.Easley,Governor
ti William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
-i
-c Coleen H.Sullins Director
Division of Water Quality
November 20, 2008
Mr. Gary Mercer, President
Mercer Building Company
106B Professional Park Drive
Beaufort, NC 28516
Notice of Inspection-NON-COMPLIANCE STATUS
Pollard Property
Stormwater Project No. SW8970925
Carteret County
Dear Mr. Mercer:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater
controls conducted on 8/4/08 to determine compliance with Stormwater Permit Number
SW8980805 issued on October 1, 1998.
The required actions that are necessary to bring this site into compliance are noted under the
Comments section of the report. Please inform this Office in writing within fifteen (15) days 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. If you have any questions please contact David Cox at the Wilmington
Regional Office, telephone number [phone].
Sincerely,
e
Pat C. Durrett
Senior Environmental Specialist
PCD/encl: S:1WQSISTORMWAT\INSPECT\Pats inspections\SW8980805 coy Itr
cc: Wilmington Regional Office
Nat n 1y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington,NC 28405 Phone[phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterquality.org Fax [phone]
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Michael F. Easley, Governor
Utf *NdG IDWWilliam G. Ross, Jr., Secretary
i 74, 7, North Carolina Department of Environment and Natural Resources
1r
if') Gregory J. Thorpe, Ph.D.,Acting Director
Division of Water Quality
Wilmington Regional Office
January 28, 2002
Mr. Gary Mercer, President
Mercer Building Company
1301 Lennoxville Road
Beaufort,NC 28516
Subject: State Stormwater Compliance
Pollard Property
Stormwater Project No. SW8 970925
Carteret County
Dear Mr. Mercer:
The Wilmington Regional Office performed a compliance inspection on January 22, 2002 to determine if the
project known as the Pollard Property in Carteret County is in compliance with State Stormwater Permit No.
SW8 970925. It was determined that the project and wet detention pond is in compliance with this permit and
all violations have been corrected.
Please continue to work on stabilizing the drainage swales near the inlet of the pond,particularly during the next
phase of construction. Thank you for your attention on this matter. If you have any questions please call me at
(910)-395-3900.
Sincerely,
;i.,,/‘,.,Z.€..4,-- 9,0,-"e---
Noelle Lutheran
Environmental Tech V
RSS\nml: S:\WQS\STORMWAT\LETTERS\970925.JAN
cc: Ron Cullipher
Brian Jarmin
Bob Chambers, Town of Newport
ATA
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N.C.Division of Water Quality 127 Cardinal Drive Btension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
800-623-7748

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CERTIFIED MAIL RECEIPT
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PS Form 3800,May 2000 Sea Reverse For Instruction
SENDER: COMPLETk THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,an 1 3.Also complete A. ceived by(PI ase PrintrCleariy) B. Date of eliv ry/
item 4 if Restricted Delivery is desired. - a 7 u1.- /�L I— `'
■ Print your name and address on the reverse /�/
so that we can return the card to you. C. Sign ure •
• Attach this card to the back of the mailpiece, X L ID Agent
or on the front if space permits. Addressee
Article Addressed to: D. Is delivery address different from item 1? 0 Yes
� � � If YES,enter delivery address below: 0 No
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4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number(Copy from service label)
600. d(.76 iooj' 13f2- -4A.6.2.--
PS Form 3811,July 1999„ Domestic Return Receipt 102595.00-M-0952

State of North Carolina
Department of Environment
and Natural Resources Al
•Ci
Wilmington Regional Office tip
marisorkvAmmoommom
Michael F. Easley, Governor NCDENRWilliam G. Ross,Jr., Secretary
Division of Water Quality NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 25,2001
CERTIFIED MAIL #7000 1670 0005 7382 2602
RETURN RECEIPT.REQUESTED
Mr. Gary Mercer,President
Mercer Building Company
1301 Lennoxville Road
Beaufort,NC 28516
Subject: NOTICE OF VIOLATION
Pollard Property
Stormwater Permit No. SW8 970925
Carteret County
Dear Mr. Mercer:
On December 12,2000,Wilmington Regional Office personnel performed a Compliance Inspection
of the project known as Pollard Property, located north on NCSR 1247, approximately 3/4 mile after
intersection of NCSR 1247&NCSR 1124 in Carteret County,North Carolina. The inspection was performed
to determine the status of compliance with Stormwater Permit Number SW8 970925, issued to Mercer
Building Company on October 1, 1998.
The project has been found in violation of Stormwater Permit Number 970925,issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are:
1. Severe erosion of the open swales that lead to the detention pond. The erosion has stripped
any vegetation that might have been on the slopes.
2. Severe accumulation of sediment within the fore bay of the detention pond.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s)and a time frame for completion of those actions,on or before February 25,2001.
2. The open swales are to have a minimum side slope of 3:1,H:V. Regrade slopes and provide
a dense cover of vegetation. Please note that love grass is not to be used.
3. Please remove the accumulated sediment within the fore bay and have the depth of sediment
within the main body of the pond checked. If the volume in the main body has been reduced
by 75%,please remove sediment and return the pond back to it's original design depth.
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper

Mr. Mercer
January 25, 2001
Stormwater Permit No. SW8 970925
Failure to provide the "Plan of Action" by February 25,2001, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the
initiation of enforcement action which may include recommendations for the assessment of civil and criminal
penalties,pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Newport Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until
this matter is satisfactorily resolved.
If you have any questions concerning this matter,please call Mr. Scott Vinson at [phone].
Sincerely,
aodaggeA___
Rick Shiver
Water Quality Regional Supervisor
RSS\sav: S:\WQS\STORMWAT\NOTICE1970925.JAN
cc: Bob Chambers,Newport Building Inspections
V ruin ton RcTirrnl
Central Office

State of North Carolina
Department of Environment -
6
and Natural Resources p.
Wilmington Regional Office
James B.Hunt,Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NsSURAL RESOURCES
July 30, 1998
Mr. Gary Mercer, President
Mercer Building Company
1301 Lennoxville Road
Beaufort, NC 28516
Subject: COMPLIANCE INSPECTION
Pollard Property Courtyard West
Stormwater Project No. SW8 970925
Carteret County
Dear Mr. Mercer:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater controls
conducted on July 22, 1998 to determine compliance with Stormwater Management Permit Application
Number SW8 970925 currently under review.
A summary of the findings and comments are noted wider Section 6 of the report. Please inform this
Office in writing before August 30, 1998 of the specific actions that will be undertaken and the time frame
required to correct the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional Office,
telephone number [phone].
Sincerely,
, e4:71dek,
Linda Lewis
Environmental Engineer
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Linda Lewis
127 Cardinal Dr.Ext.,Wilmington,North Carolina 28405 Telephone [phone] FAX [phone]
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STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Pollard property Courtyard West
Project Number: SW8 970925 Control Measure: Detention Pond
Water Body: Deep Creek Classification: C
Directions to site, address: Off NCSR 1147, Newport, Carteret County, NC
2. Inspection Date: July 22, 1998
Weather Conditions: Hot, sunny
3. Compliance Issues:
a. The site is under construction without first having received the required Stormwater
Management Permit. The applicatiion was received on January 30, 1998, additional
information was requested on March 11, 1998 and June 12, 1998. No response to the June
12 letter has been received.
4. PE Certification Received? NO Deed Restrictions Received? NO
5. Required Action:
a. Cease all construction until the permit has been issued and the pond constructed and
stabilized.
b. Upon completion of the pond, submit the Engineer's Certification.
c. Prior to selling any lots, record the deed restrictions and provide a copy to the Division.as
required by the permit
Inspector: Linda Lewis AIPL
Water Quality/Wilmington Regional Office/[phone]
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