SW8921002_NOV_20180220

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
February 12, 2018
CERTIFIED MAIL #7008 0150 0002 2652 2442
RETURN RECEIPT REQUESTED
City of Wilmington
Attn: Sterling Cheatham, City Manager
PO Box 1810
Wilmington, NC 28402
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR,
Inlerim Director
D 1M@[20W[2 0
rt -;202018
DEQ-_ ATER RES URGES
Subject: NOTICE OF VIOLATION, NOV-2018-PC-0037
Silverstream Regional Water Quality Facility
Stormwater Management Permit No. SW8 921002
New Hanover County
Dear Mr. Cheatham:
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 August 5, 2009; the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The
law extended the effective period of any stormwater permit that was set to expire during this time frame
to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law
2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the referenced
permit, which was set to expire on June 4, 2018, shall now be effective from the date of issuance until
June 4, 2022.
On August 4, 2015, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources (DEMLR) met with City staff to discuss the City's finding that the previously approved
amount of drainage area and built -upon area for the Silverstream Regional Water Quality Facility had
been underestimated. At the meeting, the City's options to address the additional drainage area and built -
upon area were discussed, as well as the actions that the Division expected the City to undertake,
including the need to modify the permit. To date, the Division has not received either the City's Plan of
Action or a permit modification.
The project has been found in violation of Stormwater Permit Number SW8 921002, issued pursuant to
the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are:
Failure to Modify the Permit. Per Schedule of Compliance Condition II.4, the permittee shall
submit to the Director and shall have received approval for revised plans, specifications and
calculations, prior to construction for any modification to the approved plans, including, but not
limited to:
d. Redesign or addition to the approved amount of built -upon area and;
e. Further acquisition of project area.
State. of North Carolina ( Environmentai Quality Energy. Mineral and Land Resources
Wilmington Regional of] ice 1 127 Cardinal Drive Extension ; Wilmington, NC 28405
a10 796 7215

State Stormwater Permit No. SW8 921002
Page 2 of 2
To correct this violation you must:
Submit a Plan of Action that states your proposed actions and a timeline to correct the
violation;
Upon approval of the Plan of Action, submit a permit modification within the time frame
stipulated in the approved Plan of Action.
Please provide the requested information by March 11, 2018 to DEMLR 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 which may include recommendations for the assessment of civil penalties, pursuant to
NCGS 143-215.6A.
In the meantime, the Division cannot issue any offsite permits to the remaining development tracts within
the drainage area of this fac> ity until the permit is modified or unless the tract proposes its own onsite
non -discharging SCM to treat runoff.
If you have any questions concerning this matter, please call Kelly Johnson or Georgette Scott at (910)-
796-7215.
Sincerely,
r may,
y William E. (Toby) Vinson, r., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral, and Land. Resources
Enclosures: Compliance Inspection Report
GDS\arl: G:\\\Stormwater\Permits & Projects\1992\921002 HD\2018 02 NOV 921002
cc: Derek Pielech, P.E., City of Wilmington
New Hanover CounNWR
ding Inspections
Annette Lucas, PE;
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Wilmington Regional Office Stormwater File
state of'North Carolina I Environmental Quality Energy. Mineral and Lana Resources
W liningron Ret�loriai Ot ficc 127 Cardirir�l Drive Ekter[sicari Wilmington, NC ?3405
910796't215

Compliance inspection Report
Permit:
SW8921002 Effective.- 06/04/08
Project:
Silverstream Regional Water Quality Facility
Owner:
City of VVrlmington
County:
New Hanover
Region:
Wilmington
Expiration: 06/04122
Adress: 2322 2350 Canterwood Dr
City/State/Zip: Wilmington NC 28403
Contact Person: Dave Mayes Title: Phone: [phone]
Directions to Project:
From 17th Street and CanteRvood Drive intersection, west on Canterwood approx. one mile.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Greenfield Lake) (03-06-17 ) ( C:Sw)
On -Site Representative(s):
Related Permits:
SW8130507
New Hanover Regional Medical Center - New Hanover Regional Medical Center
SVI8040710
Cameron Company LLC - Seventeenth & Canterwood Center
SVV8080322
Health Sciences Foundation Inc - Coastal Area Health Education Center
SW8991016
Medical Park Hotels LLC - South 17Th Street Hampton Inn
SVV8151006
New Hanover Regional Medical Center - NHRMC Additional Parking Glen Mead
SVV8990206
Stephens & Jones Construction Inc - Coastal Carolina Surgical
SVV8000116
Hanover Medical Specialist - Hanover Medical Specialists Site
SW8150706
Canterbury Center LLC - Canterbury Center
SV18960626
Landmark Commercial - Family Medical Center
SVV8960720
Cameron Company LLC - Wilmington Medical Park Revision
SVV8950907
Lower Cape Fear Hospice Inc - Lower Cape Fear Hospice & Lifecare Center
SW8950218
New Hanover Regional Medical Center- - Generator Building
SVV8930607
Parham Properties Inc - Glen Meade Extension
Inspection Date:
02/09/2018 Entry Time: 12:00PM Exit Time: 12:15PM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
i State Stormwater
(See attachment summary)
Phone: [phone]
Inspection Type: Compliance Evaluation
page. 1

Permit: SM921002 Owner - Project: City of �A/ilmington
Inspection Date: 02/09,-2018 Inspection Type Compliance Evaluation
Reason for Visit: Other
Inspection Summary:
On August 4, 2015; the Division met with the City regarding the drainage area and built -upon area additions for
Silverstream RWQF that the City had previously identified on February 26, 2015. The discussion centered on the
options that were available to the City to address the averages, and the actions that need to be accomplished, including
the submission of a permit modification.
As of February 9, 2018, no plan of action or permit modification has been received, and the Division is moving to an
NOV.
File Review Yes No NA NE
Is the permit active? M ❑ ❑ ❑
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
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ M ❑ ❑
Comment: 1. On 2/26/2015 the Division requested that the City provide a summary of the built -upon areas within
the drainage area of the Silverstream Regional Water Quality facility. The City had identified additional
drainage area that had been previously unaccounted for,
page: 2