SW8031021_NOV_20190628

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
June 28, 2019
NORTH CAROLINA
Environmental Quaury
CERTIFIED MAIL #7013 2630 0002 0760 9534
RETURN RECEIPT REQUESTED
PM&M, Inc.
Attn: Jeffrey L. Morris, President
PO Box 280
Hampstead, NC 28443
Subject: NOTICE OF VIOLATION, NOV-2019-PC-0486
Cross Creek Subdivision Phase 4
Stormwater Permit No. SW8 031021
Pander County
Dear Mr. Morris
RFr,171vrr)
JUL 08 2Gill
DENR-LAND OUALITY
STORMWATER PERA41 F ING
On July 1, 2004, the former Division of Water Quality issued a 30% low density permit to PM&M, Inc.,
for the construction of Cross Creek Subdivision Phase 4. On August 31, 2017 Wilmington Regional
Office staff of the Division of Energy, Mineral and Land Resources (DEMLR) performed a file review
inspection of the subject project, located off INC 210 near its intersection with NCSR 1002 in
Hampstead, Pander County, North Carolina. The Division notified you of the results of that file review
via letter dated September 6, 2017.
On November 7, 2017, the Division received a request to transfer the subject stormwater permit.
The Division conducted a follow-up file review inspection and as a result of that review, the transfer
application was returned as incomplete on November 30, 2017. The application return letter
documented several compliance issues and stipulated a response date of January 31, 2018.
Cross Creek Subdivision Phase 4, has been found in violation of Stormwater Permit Number SW8
031021, issued to you on July 1, 2004, pursuant to the requirements of the stormwater rules, 15A
NCAC 2H.1000. The violations found are:
1. Failure to certify -the stormwater system. Per Schedule of Compliance Condition 11.10 of the
Permit, the Permittee must certify that the project's stormwater controls and impervious
surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviations from the approved plans and specifications must be noted
on the Certification. An administrative review of the file revealed that the required
Certification has not been received.
2. Failure to submit a copy of the recorded deed restrictions. Per Schedule of Compliance
Condition 11.12 of the Permit, a copy of the recorded deed restrictions was required to be
submitted within 30 days of recording them. Our records indicate that a copy of the
recorded deed restrictions was submitted on November 7, 2017, nearly 20 years after the
recording date. Had they been submitted in a timely manner, the error in the recorded
document could have been caught and corrected much sooner.
Failure to modify the permit to reflect a change in the Der lot BUA limit. The recorded deed
restrictions indicate that the maximum BUA limit per lot is 6,943 sf OR 24% of the lot area,
whichever is less. The permit -required BUA limits, as listed in Attachment A to the Permit,
indicate that the maximum BUA limit varies for each lot, with the least amount being 6,943
sf (assigned to Lot 204). This discrepancy between the permit and the recorded document
can create a problem for the HOA when attempting to enforce the BUA limit, especially on
those large lots with more than an acre of area.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
rvarm crawru

State Stormwater Permit No. SW8 031021
Page 2 of 2
4. Failure to modify the permit prior to a chancre of ownership Per Schedule of Compliance
Condition 11.12 of the Permit, the permittee is required to modify the permit prior to a
change of ownership. The conveyance of the common area to the HOA in October 2005
and June 2008, constituted such a change of ownership. The permittee has not yet
submitted a complete transfer application, as was requested on November 30, 2017.
5. Failure to provide requested information within the specified time frame. Per Schedule of
Compliance Condition 11.7 of the Permit, the permittee is required to submit all information
requested by the Director or his/her representative within the time frame specified in the
written information request. The November 30, 2017 application return letter required a
response by January 31, 2018. To date, the permittee has provided no response.
To correct these violations, you must:
1. Provide the required Certification after all of the other deficiencies are resolved.
2. Either submit a permit modification to change the BUA limits in the permit to be the same
as the currently recorded BUA limits, or amend the recorded deed restrictions to be the
same as the BUA limits listed in the July 1, 2004 permit. Either option requires you to
demonstrate that no lot has exceeded their assigned BUA limit.
3. Once all the deficiencies are corrected and addressed, submit a request to transfer the
permit to the HOA.
4. Provide a response to this NOV within the stipulated time frame (July 27, 2019).
Please submit a written "Plan of Action" by July 27, 2019 to DEMLR that states how and when these
violations will be corrected. If the plan of action is not received by this date you will be in further
violation of 15A NCAC 21-1.1000, 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.
By copy of this letter to the Pender County Planning Department, this office is requesting that the
County consider withholding building permits and Certificates of Occupancy for lots within Cross
Creek Phase 4 until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis at (910)-796-7215.
Sincerely,
�&.Zd
!S. Daniel Smith, Director
Division of Energy, Mineral, and Land Resources
Enclosures: 9/7/2017 and 11/30/2017 Compliance Inspection Reports
GDS\arl: G:\\\Stormwater\Permits & Projects\2003\031021 LD\2019 06 NOV 031021
cc: Mark Walton, P.E., Walton Engineering
Pender County Planning Department
Alaina Morman, DEMLR
Wilmington Regional Office Stormwater File

Compliance Inspection Report
Permit: SW8031021 Effective:07/01/04 Expiration:
Project: Cross Creek Phase IV
Owner: P M & M Inc
County: Pender Adress: Hwy 210 N Of Intersection Of Hwy 210
Region: Wilmington sr 1002
City/State/Zip: Hampstead NC 28443
Contact Person: Jeffrey L Morris Title: President Phone: [phone]
Directions to Project:
From US Hwy 17 & NC 210 in Hampstead, go 3.7 miles west on NC 210. Turn right on NC 210 at SR 1002. Turn left into Cross
Creek.
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Harrisons Creek) (03-06-23 ) ( C;Sw)
On -Site Rep rose ntativ e(s):
Related Permits:
Inspection Date: 11/30/2017 Entry Time: 12:OOPM
Primary Inspector: Alida R Lewis
Secondary Inspector(s): 'A
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
A,�, f
Exit Time: 12:05PM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit: SWO031021 Owner - Project: P M & M Inc
Inspection Date: 11/30/2017 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
The Division conducted a follow-up file review inspection of this project. The permittee submitted a transfer application on
November 7, 2017 but it was returned on November 30, 2017 for the following reasons:
1. The return letter stipulated a response date fo January 31, 2018. The permittee has not contacted the Division since
the application was returned and has not provided any of the requested information.
2. The permittee used an outdated transfer application form and did not provide all the necessary documentation.
3. The permittee has not submitted a copy of a recorded amendment to correct the deed restrictions.
4. The permittee has not submitted a response since the transfer application was returned. The permit remains in the
name of the now dissolved corporate entity, PM&M, Inc.
5. The permittee has not submitted a permit modification to change the BUA limits in the permit to match the recorded
documents.
File Review Yes No NA NE
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: 1. The permittee submitted a request to transfer this permit on November 7, 2017. The permittee used
an outdated application form and did not submit the required corrected deed restrictions as was
previously requested. The transfer application was returned as incomplete on November 30, 2017.
Corrected deed restictions were due by January 31, 2018. Since the date the application was returned,
the permittee has not submitted anything.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ ®❑ ❑
Comment: 2. The recorded BUA limits do not match uD with the Dermit. For Phase 4, the permittee recorded a
BUA limit that is much lower than what the permit would allow. However, the permittee has not provided
any documentation to verify that no lot has exceeded the much lower recorded BUA limit. In addition,
the permittee has not submitted a request to modify the BUA limits listed in the permit to match up to
the recorded BUA limits.
3. The common areas of the subdivision have been conveyed to the HOA, but the permit remains in the
name of the now dissolved corporate entity. PM&M, Inc. and has not been transferred to the HOA.
page: 2

n
Compliance Inspection Report
Permit: SW8031021 Effective:07/01/04 Expiration:
Project: Cross Creek Phase IV
Owner: P M & M Inc
County: Pender Adress: Hwy 210 N Of Intersection Of Hwy 210
Region: Wilmington sr 1002
City/State/Zip: Hampstead NC 28443
Contact Person: Jeffrey L Morris Title: President Phone: [phone]
Directions to Project:
From US Hwy 17 & NC 210 in Hampstead, go 3.7 miles west on NC 210. Turn right on NC 210 at SR 1002. Turn left into Cross
Creek.
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Harrisons Creek) (03-06-23 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 08/31/2017 Entry Time: 12:OOPM Exit Time: 12:05PM
Primary Inspector: Alicia R Lewis
$'-.-�
Secondary Inspector(s):
Phone: [phone]
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® State Stormwater
(See attachment summary)
pages 1

Permit: SWO031021 Owner - Project: P M & M Inc
Inspection Date: 08/31/2017 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
A file review of the permit file has been conducted and the following deficiencies and inconsistencies are noted:
1. The lots in Phase 4 were subjected to a maximum BUA limit of EITHER 6943 sf or 24% of the lot area, whichever is
less. This is not consistent with the permit, but is not a violation because 6943 is less than every BUA limit assigned
under the permit.
2. Submit a request to transfer the permit to the HOA.
File Review Yes No NA NE
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: 1 The permittee annexed Phase 4 via that instrument recorded in DB 2478 at PG 252 which subjected
the lots in Phase 4 to a maximum BUA limit of EITHER 6943 square feet or 24% of the lot area
whichever is less. Since the BUA limit on a lot can never exceed 6943 this would not be a violation of
the permit However, it does create a possible conflict for enforcement since many of the lots in the
permit have much higher BUA limits.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ®❑ ❑
Comment: 2 The permittee corporate entity was suspended by the NCSOS in May 2013 and has not been
reinstated.
3 Ownership of the common areas of the subdivision has been conveyed to the Cross Creek HOA, but
the permit has not been transferred.
page: 2