SW8020608_NOV_20180220

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
February 13, 2018
CERTIFIED MAIL #708 0150 0002 2652 2435
RETURN RECEIPT REQUESTED
The Forest at Belvedere. LLC
Attn: Scott H. Cook, '_Manager
1105 New Pointe Boulevard, Suite 6
Leland, NC 28451-4127
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
In terim Director
Subject: CONTINUING NOTICE OF VIOLATION
NOV-2008-PC-0800
Stormwater Management Permit No. SW8 020608
The Forest at Belvedere Phase 6
Pender County
Dear Mr. Cook
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 effective
period of this permit was extended to February 5, 2017, and has since expired.
This letter is to notify you that you are in continuing violation of Title 15A North Carolina Administrative
Code (NCAC) 02H.1000 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failing
to fully address the previous Notices of Violation dated November 19, 2008 and September 8, 2009, and
for failing to apply for and secure a renewal of Stormwater Management Permit SW8 020608, which
expired on February 5, 2017.
On July 21, 2005, November 19, 2008 and August 24, 2009, inspection staff of the Wilmington Regional
Office performed an inspection of the subject project to determine the status of compliance with
Stormwater Management Permit SW8 020608, which was issued to you on February 5, 2003, for the
construction, operation and maintenance of eight (8) infiltration basins to treat piped runoff from this high
density single family subdivision. The project is located at Azalea Drive in Belvedere Plantation, off US
17 just north of Hampstead in Pender County.
Response letters from Luke Memus, P.E., Stroud Engineering, 102-D Cinema Drive, Wilmington, dated
December 17, 2008 and October 30, 2009, indicate that these deficiencies were to be addressed by a
pen -nit modification, to be submitted by December 30, 2009. The Division accepted a pen -nit
modification on December 1, 2009, and requested additional information on December 16, 2009. The
modification was returned as incomplete on April 15, 2010 due to a lack of response and the previous
violations were reinstated. The below -listed new and continuing violations have not been addressed to
date.
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I. Failure to Renew State Stormwater Permit
Title 15A'N-CAC 02H .1045 requires that applications for permit renewals to be submitted 180 days prior
to the expiration of the pennit. An application for a permit renewal was required to be submitted to
DEMLR by February 5, 2016. As of the date of this letter, the Division has not received an application to
renew Stormwater Permit SW8 020608 and the subdivision does not currently hold a valid permit.
II. Failure to Apply For and Secure a Stormwater Management Permit
Title 15A'NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management
Permit;for development activities within the 20 coastal counties that require a Coastal Area Management
Act (CAMA) Major Permit or an approved Erosion and Sedimentation Control Plan. The DEMLR file
review confirms that a valid, active State Stormwater Management Permit was not obtained for The
Forest at BelvedeVe Phase 6 prior to the expiration date of Stormwater Permit SW8 020608.
III. Other Violations
1. Schedule of Compliance Condition II.9
a. The permittee did not notify the Division prior to dissolving the LLC;
b. The permittee did not apply to the Division for approval to transfer ownership of the
permit to a new developer or to the HOA.
2. Schedule of Compliance Condition II.14
a. The permittee did not respond to the Division's written request for information within the
stipulated time frame. The modified permit application was returned as incomplete,
therefore, none of the proposed modifications to address the violations have been
approved.
3. Schedule of Compliance Condition II.6
a. The facilities have not been constructed as shown on the approved plan. Basin 4A has not
been constructed.
b. A portion of the runoff from the project bypasses the collection system and is not being
collected and directed into the approved stormwater control system.
c. An area of multi -family buildings has been converted to single family lots.
4. General Condition III.9
a. The permittee did not notify the Division within 30 days of changing his mailing address.
You are required to respond to this letter in writing within 30 calendar days of receipt of this Notice, as
evidenced by the date the certified mail green card is signed. Your response should be sent to this Office
at the letterhead address and must address the following items:
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violations noted above and on the previous inspection reports and which includes a time
frame for completion of those actions.
2. Submit a renewal application and a new signed O&M agreement along with the processing
fee, currently set at $505.
3. Submit a permit modification to address the piping of swales, tying the bypassed runoff into
the collection system, and the conversion of the multi -family area to single family lots.
4. Once the permit is renewed and modified, perform the necessary maintenance to the system
and implement the approved modification, including the construction of Basin 4A.
5. Once everything has been completed, submit a permit transfer application to transfer the
permit to the HOA.
The Renewal Application, the O&M agreement, the standard Permit Application SWU-101, and the
Permit Transfer Application can all be found on our website at https://deq.nc.�rov/about/divisions/enel-gN,;-
m i iieral-land-resources/energl- -m iiieral-land-perm its/stoi*iiiwater-peri-n its%forms
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Thank you for your immediate attention to this matter. Please be advised; these violations and any
continuing or future violations are subject to a civil penalty assessment of up to S25,000.00 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 Linda Lewis in the Wilmington Regional
Office at 910-796-7215.
Sincerely,
William E. (foby) Vinson; Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
Enclosures: Compliance Inspection Reports
GDS/arl: G:\\\Stormwater\Permits & Projects\2002\020608 HD\12018 02 NOV 020608
cc: Luke Memus, P.E., Stroud Engineering
Pender County Planning Department
Annette Lucas, PE; DEMLR
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Wilmington Regional Office Stormwater File
The Forest/Phase 6 Owners Association
(Elizabeth Justice; Registered Agent PO Box 1067 Hampstead, NC 28443-1067)
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Compliance Inspection Report
Permit: SW8020608 Effective: 02/05/03 Expiration: 02/05/13 Owner: The Forest at Belvedere
Project: The Forest at Belvedere Phase 6
County: Pender Azalea Dr
Region: Wilmington
Hampstead NC 28443
Contact Person: Scott Cook Title: Partner Phone: [phone]
Directions to Project:
US 17 to Country Club Road (SR 1565) , East on Country Club to Azalea Drive, North on Azalea, to Roads End.
Type of Project: State Stormwater - High Density State Stormwater - Infiltration System
Drain Areas: 1 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
2 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
3 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
4A - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
4B - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
5 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
6 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 11/17/2008 Entry Time: 09:30 AM Exit Time: 11:30 AM
Primary Inspector: Malcolm L Boney Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Stormwater
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit: SW8020608 Owner - Project: The Forest at Belvedere
Inspection Date: 11/17/2008 Inspection Type: Stormwater Reason for Visit: Routine
Inspection Summary:
Provide a modification to address the subdivision of the town home section to single family lots.
Remove the pipes out of the swales.The intention of these swales were for pretreatment to the infiltration basins.
Build the system for infiltration basins 4a & 4b as per the approved plan.
Page: 2

Permit: SW8020608 Owner - Project: The Forest at Belvedere
Inspection Date: 11/17/2008 Inspection Type: Stormwater
Is the permit active?
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:
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
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: 1. A section of the project area that was approved for town homes has
been subdivided and single fam ily residences have been constructed.
- n , n ■ - - -
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: 1. The following 5:1 swales have been piped; swales 1, 2, 3, 6, 7, and 8
2. The inlet for Infiltration basin 4a could not be located.
3. It appeared that stormwater that should be directed to Infiltration Basin 4a & 4b is
discharging into a ditch that parallels the collection system for Infiltration 4a & 4b.
Reason for Visit: Routine
nH00
❑ ❑ ❑
nnn
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? is n n n
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ Cl ❑ 10
upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? n n n
im
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? n ❑ n
Im
Comment:
Page: 3