SW8010828_Continuing NOV & Rec for Enforcement_20191017

ROY COOPER S
Governor _ a
MICHAEL S.REGAN `
Secretary •�Q11M'"��
S.DANIEL SMITH NORTH CAROLINA
Director Envirvmamtal Quality
October 14,2019
CERTIFIED MAIL 7017 0190 0000 9526 8119
RETURN RECEIPT REQUESTED
OCT i72m
North Inlet, LLC
Attn: Ralph Vereen, Member/Manager _
2428 Ridge Street(Upper Unit) -
North Myrtle Beach, SC 29582
Subject; NOTICE OF CONTINUING VIOLATION AND
RECOMMENDATION FOR ENFORCEMENT
NOV-2019-PC-0425
Devaun Park
Stormwater Permit No.SW8 010828
Brunswick County
Dear Mr.Vereen:
On May 14,2019,Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources (DEMLR) performed a Compliance Inspection of the subject project to determine the
status of compliance with Stormwater Permit Number SW8 010828.The project is located off NC
179 and Ocean Harbour Drive, at 9286 River Terrace,Calabash, Brunswick County, North Carolina.
The state stormwater permit for Devaun Park was issued to you on January 8, 2019 and later
corrected on January 30,2019. The permit contained conditions that required action on your part
to address certain deficiencies applicable to the SCM's.
This letter is to notify you that you are in continuing violation of Title 15A North Carolina
Administrative Code (NCAC) 02H .1003 in accordance with North Carolina General Statute (G.S.)
143-214.7 for failure to respond to the Division's June 14, 2019 Notice of Violation by the due date
and for failing to resolve the violations. On June 13, 2019,DEMLR issued a Notice of Violation (NOV-
2019-PC-0425) regarding the issues observed during a previous site inspection. The NOV was
picked up at the Wilmington Regional Office on June 14, 2019. The Notice required a written plan
of action to be provided to the Division by July 14, 2019. No response has been received as of this
date. On August 19, 2019,the Division sent an email to you,and to Mr. David Boyette and to Mr.
Hank Thomas regarding the fact that a response to the NOV was not submitted to the Division by
the due date.The Division received"Delivery Receipts" from all parties,and a"Read Receipt"from
Mr. Boyette.
On October 2,2019,Staff of the Wilmington Regional Office performed a follow-up inspection to
determine if the violations outlined in the June 14, 2019 Notice of Violation had been addressed. As
a result of the follow-up site inspection and DWQ file review,the project has been found in
continuing violation of Stormwater Permit Number SW8 010828, issued pursuant to the
requirements of the stormwater rules,15A NCAC 2H.1000.The previous violations,as outlined in
the June 13,2019 Notice of Violation,are reproduced below:
1. Failure to Operate and Maintain the StormwaterSvstem. Per Schedule of Compliance
Condition II.10 of the permit,the Permittee shall provide the operation and maintenance
necessary to assure the permitted stormwater system functions at design condition. The
pond serving DA 8B is in need of maintenance to remove a large sediment plume from the
forebay; repair the erosion of the slopes; provide vegetated stabilization.
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

State Stormwater Permit No. SW8 010828
' Page 2 of 2
2. Failure to construct according to the approved plan. Per Schedule of Compliance Condition
HAS of the permit,the permittee shall construct, operate and maintain the approved
stormwater control measures in accordance with the permit condition,the approved
plans and specification and other supporting documents.
a. The forebay wall for the SCM in DA 9 is not located per the approved plan.
b. The spillway,berm and outlet structure for the pond serving DA 8B have not been
constructed.
3. Failure to receive approval for a modification of the plans prior to construction. Per
Schedule of Compliance Condition II.6 of the permit, 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.The forebay
wall in DA 9 was relocated without approval from the Division prior to construction.
4. Failure to certify the stormwater system. Per Design Standard Condition 1.2 of the Permit,
all of the permitted SCM's must be certified by May 10, 2019.The SCM's in DA's 3, 5 and
8B have not been certified.
S. Failure to Compl. Per Design Standard Condition 1.2 of the permit there shall be no lot or
road construction initiated within the drainage area of any uncertified SCM until the SCM
is completed and certified and a copy of the certification is provided to the Division. It is
apparent that construction is on-going in these areas.
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. Provide a written "Plan of Action"which outlines the actions you will take to correct the
violation(s) noted above and a time frame for completion of those actions.
2. Maintain the SCM in Pond 8B. Remove the sediment plume,repair the eroded slopes and
provide vegetated stabilization.
3. Construct the forebay wall for the pond serving DA 9 in the permitted location,or
submit a revised plan showing the location of the new forebay wall with supporting
volume calculations.
4. Construct the spillway,berm and outlet structure for the pond serving DA 8B as per the
approved plans.
5. Complete construction of the SCM's in DA's 3,5 and 8B as per the approved plans.
6. Provide the required certifications for the SCM's in DA's 3, 5 and 8B.
7. Cease all construction activities within the drainage areas of the uncertified SCM's until
the SCM is completed and certified and a copy of the certification is provided to the
Division.
Thank you for your immediate attention to this matter.This Office is considering an enforcement
action which includes the assessment of civil penalties regarding these violations and any
continuing violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. 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 Georgette Scott at 910-796-
7215.
Sincerely,
r
for S. Daniel Smith, Director
Division of Energy, Mineral, and Land Resources
GDS\arl: G:\\\Stormwater\Permits&Projects\2001\010828 HD\2019 10 NOVRE 010828
cc: David Boyette, P.E.,Stewart Engineering
Brunswick County Engineering
Alaina Mormon, DEMLR
Wilmington Regional Office Stormwater File