SW6020602_Notice of Violation_20200226

ROY COOPER
Governor
z MICHAEL S. REGAN
Secretary
1 BRIAN WRENN
Acting Director
NORTH CAROLINA
Environmental Quality
February 26, 2020
CERTIFIED MAIL: 7012 3050 0001 9398 7485
RETURN RECEIPT REQUESTED
Duncan Development, LLC
Attn: Nancy G. Anderson, Manager -Member
3053 Round Lake Highway
Manitou Beach, MI 49253-9042
Subject: NOTICE OF VIOLATION (NOV-2020-PC-0113)
RECOMMENDATION FOR ENFORCEMENT
State Stormwater Management Permit SW6020602
Cokesbury Park Subdivision
Harnett County
Dear Ms. Anderson:
On February 12, 2020, Mike Lawyer, Environmental Program Consultant with the Fayetteville
Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR), conducted a
Compliance Evaluation Inspection at the Cokesbury Park Subdivision located off Cokesbury Road in
Harnett County, North Carolina. The purpose of the inspection was to make observations concerning
the scope of work related to the permitted stormwater management pond that was to be completed by
June 30, 2019 per the extension request granted on March 29, 2019. A copy of the Compliance
Inspection Report is enclosed for your review. As a result of the inspection and subsequent file
review, it has been determined that the facility is Not Compliant with the conditions of the subject
permit and approved plans.
The required actions that are necessary to bring this site into compliance are noted under the
Inspection Summary and Comment sections of the report. We are setting a deadline of April 30, 2020
to complete the agreed upon scope of work related to the pond, provide an engineer's certification
regarding the pond and submit an application for renewal of the Stormwater Management Permit. As
a result of multiple attempts to contact the parties involved without response, should we not
hear from you and/or your representatives within the timeframe specified, we plan to escalate
enforcement actions on this site that may include the assessment of civil penalties of up to
$25,000 per day, per violation.
-" ��.E �"�Jl North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
e::!O" Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
NORi1-1 CAROUNA
D".t� aMV". nmwIAY 910.433.3300

If you have any questions concerning this matter, please contact Mike Lawyer at [phone] or
via e-mail at [e-mail].
Sincerely,
Ti othy L. La nty, PE
Regional Engineer
DEMLR
TUml
Enclosure: Compliance Inspection Report
ec: Steve Evans — Steve Evans Law
Ryan J. Adams — Adams, Howell, Sizemore & Adams, P.A.
Murray Johnson — JMJ Co., Inc.
Jeff Culver — Triangle Home Pros, LLC.
Don Curry, PE — Curry Engineering
William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Program Operations Chief — DEMLR
Annette Lucas, PE, Stormwater Program Supervisor — DEMLR
Alaina Morman, Environmental Specialist — DEMLR
cc: FRO - DEMLR, State Stormwater Files

Compliance Inspection Report
Permit: SW6020602 Effective:09/24/02 Expiration: 09/23/16
Project: Cokesbury Park Subdivision
Owner: Duncan Development L L C
County: Hamett Adress: 413 Cokesbury Rd
Region: Fayetteville
City/State/Zip: Fuquay Varina NC 27526
Contact Person: Nancy G Anderson Title: Phone:
Directions to Project:
From intersection of Hwy 42 and SR 1403 at Duncan, travel south on SR1403 approximately 0.5 mile subdivision enterance will
be located on right.
Type of Project: State Stormwater - HD - Detention Pond State Stormwater - Low Density
Drain Areas: 1 - (Parkers Creek) (03-06-07 ) ( C;HQW)
2 - (Parkers Creek) (03-06-07) (C;HQW)
3 (Parkers Creek) (03-06-07 ) ( C;HQW)
4 - (Parkers Creek) (03-06-07 ) ( C;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 02/12/2020 EntryTime: 11:15AM Exit Time: 11:30AM
Primary Inspector: Mike Lawyer
Secondary Inspector(s):
Phone: [phone]
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page: 1

Permit: SW6020602 Owner - Project: Duncan Development L L C
Inspection Date: 02/12/2020 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
Inspection conducted to make observations specific to the scope of work that was agreed upon to be completed by June
30, 2019 on the permitted stormwater management pond. As noted in the inspection report from the previous inspection
conducted on January 2, 2019; the inlet channel has not been relocated, a forebay has not been constructed around the
appropriate inlet location and an appropriate outlet control structure has not been installed. In addition, the permit expired
on September 23, 2016 and an application for permit renewal has not been received.
Should the aformentioned compliance issues not be properly addressed by April 30, 2020, this matter may be elevated
for enforcement procedures, which could result in the assessment of civil penalties of up to $25,000 per day, per
violation.
File Review Yes No NA NE
Is the permit active? ❑ 0 ❑ ❑
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? E❑ ❑ ❑
Comment: Permit expired on September 23, 2016. A permit renewal application has not been received. A
Designer's Certification has not been received.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? ❑ 0 ❑ ❑
Are the outlet structures located per the approved plans? ❑ 0 ❑ ❑
Comment: Work on stormwater pond conversion has not been completed. Inlet has not been relocated. There is no
forebay berm or appropriate outlet structure.
page: 2