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HomeMy WebLinkAboutSW8050213_Compliance Evaluation Inspection_20190128ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director NORTH CAROLINA Environmental Quality January 28, 2019 CERTIFIED TMAIL #7013 2630 0002 0760 7554 RETURN RECEIPT REQUESTED Neighborhoods of Holly Ridge, LLC Attn: Ryan Cook, Manager 1105 New Pointe Boulevard, Suite 6 Leland, NC 28451-4130 Subject: NOTICE OF CO'_VTINLTING VIOLATION and Recommendation for Enforcement NOV-2018-PC-0138 Phase 1 Stormwater Permit No. SW8 050213 -NOV-2018-PC-0140 Phase 2 Stormwater Permit No. SW8 050842 NOV-2018-PC-0139 Phase 3 Stormwater Permit No. SW8 070649 Failure to Respond to April 27, 2018 NOV Neighborhoods of Holly Ridge Onslow County Dear Mr. Cook This letter is to notify you that you are in continuing violation of Title 15A North Carolina Administrative Code (IN CAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failing to provide a response to the April 27, 2018 Notice of Violation. On June 13, 2017, staff of the Division of Energy, Mineral and Land Resources in the Wilmington Regional Office performed an inspection to determine the status of compliance with Stormwater Management Permits SW8 050213, SW8 050842 and SW8 070649, which were issued to you for the three phases within The Neighborhoods of Holly Ridge, located off NC Highway 50 southeast of Holly Ridge, Onslow County, North Carolina. The inspection reports required a response by December 20, 2017. Having received no response to the inspection reports, the Division issued a Notice of Violation on April 27, 2018, which requireda. response by May 28, 2018. Having received no response to the NOV, the Division is herewith notifying you of this continuing violation and of our intent to enforce. NOTED VIOLATIONS A. The following continuing violations are noted for Permit No. SW8 050213 (Phase 1), issued on March 3, 2005: Failure to Operate and Maintain the Stormwater Sy, em. Per Schedule of Compliance Condition 11.10 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at design condition: a. The four permitted bio-retention basins need to be planted and maintained with the wetland plants shown on the approved plans and specifications. b. All of the bio-retention basins must be operated such that they draw down the design storm within 5 days. Basin #4 appears to be holding water. 2. Failure to Veri& Built-UBon Area. Per Schedule of Compliance Condition II2 of the Permit, the permittee is required to verify that no lot has exceeded the maximum BUA limit of 2800 square feet. The BUA limits were erroneously recorded as 3800 square feet per lot. The BUA limit was corrected 13 months later. The permittee has not provided the necessary information to ensure that no lots have exceeded their maximum BUA limit. NQ NORTH CAUL North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources ./� DHI Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 owmummaFA MM= 0.1; � 910.796.7215 State Stormwater Management Permit No. SW8 050213 State Stormwater Management Pennit\o. SW8 050842 State Stormwater Management Permit moo. SW8 070649 Page 2 of 3 Failure to Certify the Stormwater System. Per Schedule of Compliance Condition I1.9 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. The Division issued a plan revision approval letter dated May 20, 2016, which approved of the use of four inches of #57 stone laid over a geotextile fabric for the gravel boat storage area. The Division requires certification from the designer that the boat storage area has been completed in accordance with the approved plans and specs. B. The following continuing violations are noted for Permit'No. SW8 050842 (Phase 2), issued on May 26, 2006: Failure to Operate and Maintain the Stormwater Sy. tenz Per Schedule of Compliance Condition I1.9 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency: a. The infiltration basin is holding water; b. The side slopes of the basin were exhibiting signs of slumping; c. The piped and vegetated runoff conveyance systems need to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas and to maintain a dense vegetated cover. d. Pumps and bypasses must be maintained to design conditions. The pumps must be able to pump the design stonn runoff volume from the storage pond into the infiltration area. The bypass structure must be maintained such that the volume in excess of the design storm is directed into the existing wetlands via the overflow weir, as designed. 2. Failure to Certify the Stormwater System. Per Schedule of Compliance Condition II.8 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. C. The following continuing violations are noted for Permit No. SW8 070649 (Phase 3) issued on February 8, 2008: 1. Failure to Submit for a Permit Modification. Per Schedule of Compliance Condition 11.4 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 layout of the streets and lots in Phase 3 Sections 7, 8, 9 and 10 has been revised without benefit of a review or approval by the Division. 2. Failure to Operate and Maintain the Stormwater S stem. Per Schedule of Compliance Condition II.9 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency: a. The piped and vegetated runoff conveyance systems need to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas and to maintain a dense vegetated cover; b. Pumps and bypasses must be maintained to design conditions. The pumps must be able to pump the design storm runoff volume from the storage pond into the infiltration area. The bypass structure must be maintained such that the volume in excess of the design storm is directed into the existing wetlands via the overflow weir, as designed. State Stormwater Management Permit No. SW8 050213 State Stormwater Management Permit'No. SW8 050842 State Stormwater Management Permit No. SW8 070649 Page 3 of 3 Failure to Certify the Stormwater System. Per Schedule of Compliance Condition II.8 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the.system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. REOLZRED 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 violations noted in the April 27, 2018 NOV, and a time frame for completion of those actions. Your Plan of Action will be considered in the enforcement process. 2. Follow the approved operation and maintenance agreement and restore the permitted systems to design condition, including the bio-retention basins, the bypass structures, the runoff storage areas, the infiltration basins, and the operation of the pumps, for all phases. 3. Verify that the built -upon area for each lot has not exceeded the maximum allowed. 4. Certify that the as -built condition of the Boat Storage Area in Phase 1 meets the permitted condition. 5. Certify the stormwater systems for Phases 1 and 2. 6. Modify the permit and approved plans for Phase 3 to account for the street and lot layout changes. 7. Once the Phase 3 permit is modified, certify the stormwater system for Phase 3. 8. Once all the compliance issues have been addressed, submit a permit transfer application, S505.00 fee and associated documentation for each of the listed permits to initiate the transfer process. 9. Submit renewal applications per the schedule noted below: Permit Number I Issue DgL_J Expiration Date Renewal Due Date SW8 050213 1 March 3, 2006 March 3, 2019 September 3, 2018 SW8 050842 Ma 20, 2006 May 20, 2020 November 20, 2019 SW8 070649 February8 2008 11 December 31 2021 June 30, 2021 Thank you for your immediate attention to this matter. If the Division does not receive a "Plan of Action" to address the deficiencies noted above within the stipulated time, this Office is prepared to initiate an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Please be advised, the April 27, 2018 violations and all 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 or Georgette Scott at 910-796-7215. Since ely, - � Qz_�: .�K S. Danie Smith, Interim Director Division of Energy, Mineral and Land Resources GDS/ arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD\2019 01 NOVRE 050213 cc: G:\\\Stormwater\Permits & Projects\2005\050213 HD\2019 01 NOVRE 050842 G:\\\Stormwater\Permits & Projects\2005\050213 HD\2019 01 NOVRE 050769 Luke Menius, PE, Stroud Engineering (via email: (lmenius@stroudengineer. con?) Christopher K. Behm, Attorney (via email Cbehm@bcklawfirm. com) Onslow County Building Inspections Annette Lucas, PE; DEMLR (via email: Annette.lucas@ncdenr.gov) Wilmington Regional Office Stormwater File SW8 050213 / SW8 050842 / SW8 070649 Compliance Inspection Report Permit: SW8050213 Effective:03/03105 Expiration: =03=19 P ct Nei hborhoods of HollyRid e roje to g Owner. Neighborhoods of Holly Ridge LLC County: Onslow Region: Wilmington Contact Person: Scott Cook Title: Directions to Project 1.4 miles south along NC50 from the intersection of NC50 and US 17 Type of Project: State Stormwater - HD - Bioretention Drain Areas: BAII -(County Line Branch) (03-06-24 ) ( SA;HQW) BA2 -(County Line Branch) (03-06-24 ) ( SA;HQW) BA3 - (County Line Branch) (03-06-24) (SA;HQW) BA4 -(County Line Branch) (03-06-24) ( SA;HQW) On -Site Representative(s): Related Permits: Adress: NC 50 City/State/Zip: Holly Ridge NC 28445 Inspection Date: 10/01/2.014 Entry Time: 09:35AM Primary Inspector: Alida R Lewis Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: ® State Stormwater (See attachment summary) Phone: 910,143-9202 Exit Time: 10:30AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 permit: SW8050213 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 10/0112014 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: An unpermitted gravel access drive and boat storage area have been added to the project. No revised plans were submitted for approval before construction, as required under Schedule of Compliance Condition 11.4 of the permit. The nearby bioretention basin appears to be receiving some or all of the additional runoff, which it was not designed for. The permitte is required to submit a permit modification to address the addition of the gravel boat storage and access road. page: 2 Permit: SW8050213 Owner - Project Inspection Date: 10/0112014 Inspection Type File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Neighborhoods of Holly Ridge LLC Compliance Evaluation Reason for Ylsit: Routine Yes No NA NE r ❑ El El Signed copy of the Operation & Maintenance Agreement is in the file? E ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? N ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE 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: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? N ❑ ❑ ❑ Are the Inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? E ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ 110 DWQ upon request? Comment: Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ Comment: 1. Section 11.4 of the Dermit reauires that the Dermitte submit revised plans to the Division and receive approval prior to the addition of built -upon area in excess of the permitted amount. A compacted -gravel boat storage area and access drive have been created adjacent the pump station off Belvedere Drive. There is no record or receiving a revised olan for this area. The permitted bioretention basin #1 (BR-1) appears to be receivina this runoff, but it was not clear how much of this runoff it was receivina or if some of the runoff was leavina the site untreated. The boat storage area is not within the permitted BR-1 drainage area. The approved plans show a vegetated trapezoidal Swale where the gravel access drive has been built. page: 3 Lewis,Linda From: Lewis,Linda Sent: Tuesday, July 24, 2018 12:16 PM To: 'rhtaylor987@gmail.com' Subject: File Review Appointment Mr. Taylor: Please note that your request to review.the stormwater permit files for the Neighborhoods of Holly Ridge #SW8 050213; 050842 and 070649; has been scheduled for Friday, August 3, 2018 from 10am — 12 noon. Please note the following important information: 1. You will need to show a photo ID at the frnnt desk 2. You can make paper copies ($.05/page) 3. You are allowed to scan to a thumb drive 4. You are allowed to take pictures of documents 5. When the review is complete, you may make arrangements to copy large plan sheets at a commercial copy center If for any reason, you cannot make the file review appointment, please call the Division at 910-796-7215 to cancel. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing Compar.- f' fs7"&V !J Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY April 27, 2018 CERTIFIED MAIL 97013 2630 0002 0760 7561 RETURN RECEIPT REQUESTED Neighborhoods of Holly Ridge, LLC Attn: Ryan Cook, Manager 1105 New Pointe Blvd., Suite 6 Leland, NC 28451-4130 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Dir ctor Subject: NOTICE OF VIOLATION Neighborhoods of Holly Ridge Phases 1, 2 and 3 Stormwater Permit No. SW8 050213 (Phase 1) NOV-2018-PC-0138 Stormwater Permit No. SW8 050842 (Phase 2) NOV-2018-PC-0140 Stormwater Permit No. SW8 070649 (Phase 3) NOV-2018-PC-0139 Onslow County Dear Mr. Cook: On July 13, 2017, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources (DEMLR) performed a Compliance Inspection of the subject projects, located off NC 50 at Azalea Drive outside of Holly Ridge, in Onslow County, North Carolina. The compliance inspection reports were sent to Neighborhoods of Holly Ridge, LLC under one cover letter dated October 20, 2017, and required a response by December 20, 2017. To date, the Division has received no response to the inspection reports and complaints about the system continue to be called in by the residents. The projects listed above have been found in violation of their respective Stormwater Management Permits, issued pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000 and in accordance with NCGS 143-214.7. The violations found for Permit No. SW8 050213 (Phase 1), issued on March 3, 2005, are: Failure to Overate and Maintain the Stormwater System. 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 optimum efficiency: a. The four permitted bio-retention basins need to be planted and maintained with the wetland plants shown on the approved plans and specifications. b. All of the bio-retention basins must be operated such that they draw down within 5 days. Basin #4 appears to be holding water. 2. Failure to Certify the Stormwater System. Per Schedule of Compliance Condition 11.9 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and'specifications must be noted on the Certification. The Division issued a plan revision approval letter dated May 20, 2016, which approved of the use of four inches of #57 stone laid over a geotextile fabric for the gravel boat storage area. The Division requires certification from the designer that the boat storage area has been completed in accordance with the approved plans and specs. State of North Carottna I En ronmental Quaky I Encrgy. Mlncrai and Land Resources Wilmington Rs-gion;tt 0ffi" I i27 Cardin 1 Drl+e Extension I Wilrnington, NC 25 ?O5 410 796 T215 State Stormwater Permit No. SW8 050213 State Stormwater Permit No. SW8 050842 State Stormwater Permit No. SW8 070649 Page 2 of 3 3. Failure to Verify Built -Upon Area. Per Schedule of Compliance Condition II.2 of the Permit, the permittee is required to verify that no lot has exceeded the maximum BUA limit of 2800 square feet. The BUA limits were erroneously recorded as 3800 square feet per lot. The BUA limit was corrected 13 months later. The permittee has not provided the necessary information to ensure that the lots conveyed during that 13 month period have not exceeded 2800 sf. The violations found for Permit No. SW8 050842 (Phase 2), issued on May 26, 2006, are: Failure to Operate and Maintain the Stormwater System. Per Schedule of Compliance Condition II.9 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency: a. The infiltration basin is holding water; b_ The side slopes of the basin were exhibiting signs of slumping; c. The piped and vegetated runoff conveyance systems need to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas and to maintain a dense vegetated cover. d. Pumps and bypasses must be maintained to design conditions. In order for the stormwater system to treat runoff, the pumps must be able to pump the design storm runoff volume from the storage pond into the infiltration area_ The bypass structure must be maintained such that the volume in excess of the design storm is directed into the existing wetlands via the overflow weir, as designed. 2. Failure to Certify the Stormwater System. Per Schedule of Compliance Condition II.8 of the Permit,. upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. The violations found for Permit No. SW8 070649 (Phase 3) issued on February 8, 2008, are: Failure to Submit for a Permit Modification. Per Schedule of Compliance Condition II.4 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 layout of the streets and lots in Phase 3 Sections 7, 8, 9 and 10 has been revised without benefit of a review or approval by the Division. Failure to Operate and Maintain the Stormwater S sty em. Per Schedule of Compliance Condition I1.9 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency: a. The piped and vegetated runoff conveyance systems need to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas and to maintain a dense vegetated cover; b. Pumps and bypasses must be maintained to design conditions. In order for the stormwater system to treat runoff, the pumps must be able to pump the design storm runoff volume from the storage pond into the infiltration area. The bypass structure must be maintained such that the volume in excess of the design storm is directed into the existing wetlands via the overflow weir, as designed. Failure to Certify the Stormwater stem. Per Schedule of Compliance Condition II.8 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. SiatrofKorfhCarolina I Environmer`.alQual.p I C:nergy.A?irierr., ndtandliesourres XvilmiNtori E g : ir..s: Ci; ice 1 127 Cai:linal Drive Extensic it i. Wiln:inatom ham: 2•` 910796 7215 State Stormwater Permit No State Stormwater Permit No State Stormwater Permit No To correct these violations, you must provide/perform the following: SW8 050213 SW8 050842 SW8 070649 Pau 3 of 3 1. Once the compliance issues have been addressed, submit a permit transfer application, $505.00 fee and associated documentation for each of the listed permits to initiate the transfer process. All*of the permits remain in the name of The Neighborhoods of Holly Ridge, LLC and need to be transferred to the Association. 2. Follow the approved operation and maintenance agreement and restore the permitted systems to design condition, including the bio-retention basins, the bypass structures, the runoff storage areas, the infiltration basins, and the operation of the pumps, for all phases. 3. Verify the built -upon area in Phase 1. 4. Certify that the as -built condition of the Boat Storage Area in Phase 1 meets the permitted condition. 5. Certify the stormwater systems for Phase 2 and Phase 3. 6. Modify the- permit and approved plans for Phase 3 to account for the street and lot layout changes. Please be reminded that per NCAC 02H.1045 (3), you are required to submit a permit renewal application and fee no sooner than 180 days prior to the expiration date of the permit. Please note the following schedule for submitting the renewal applications for the subject permits: Permit Number Issue Date Expiration Date Renewal Due Date SW8 050213 i March 3 2006 March 3, 2019 September 3, 2018 SW8 050842 May 20, 2006 May 20 2020 November 20 2019 SW8 070649 February 8, 2008 December 31, 2021 1 June 30, 2021 Please provide a "Plan of Action" by May 28, 2018 to DEMLR that states how and when these violations will be corrected. If we do not receive your plan of action by this date, the Division will initiate an 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 Onslow County Building Inspector, this office is requesting that the Building Inspector consider withholding all building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Linda Lewis in the Wilmington Regional Office at (910)-796-7215. Sincerely, Xk William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director Division of Energy, Mineral, and Land Resources GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD\2018 04 NOV 050213 G:\\\Stormwater\Permits & Projects\2005\050842 HD\2018 04 NOV 050842 G:\\\Stormwater\Permits & Projects\2007\070649 HD\2018 04 NOV 070649 cc: Luke Menius, P.E., Stroud Engineering (102D Cinema Dr. Wil NC 28403) Harrison Freedland, HOA Attorney, Craig & Fox PLLC (701 Market St. Wil NC 28401) Kyle Priestly, Managing Agent, The Neighborhoods of Holly Ridge Owners Association (Priestly Management Company, 2018 Eastwood Road Wil NC 28403) Kelly Collins, VP of HOA (437 Belvedere Drive, Holly Ridge NC 28445) Onslow County Building Inspections Annette Lucas, PE; DEMLR Wilmington Regional Office Stormwater File St at•: of Ra;rth Carolina I Lnvirc=rmenta! Qut+;i±y I �ncv yy, hTincn ;: td L tnc. i esouF ccs Wi1n: ngton R^<-'on ' C'. i ict I12l f 3rc `n, i D; iu _ GaYcn&+ n I iti rr.i.rytu+.r. C 2R105 'to 796 7215 STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD a., 4 DEQ SECTION: Q�l'�Lie / sW REVIEW TIME /DATE- t NAME: fjUb72c/�GI^ EMAm rhteu l or9S7c �CTF'�9't�t � ._Guru REPRESENTING: 1Ve4a 9b:4i"Io(1q(S of AbAf r G16jQ W)A PHONE: Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: >l, Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. IYou may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases large totes etc are permitted in the file review area. 5.. .Necessary large plan copies can be scheduled with Cameron Weaver@ncdenr.gov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Writtei► Questions may be left with this completed_ form and a sI.taff meri�ibe - will . in- contact with you. IF you provide. your contact infoz;mafib.0-4here riclidatecl above 6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1. sr,�� �So2/3 Nei rzfIILAA `' ati 2. SGv 6Sa�42 mod! / D AJ 3. 51v c (P 4-i 10ti ! Z $ 3 O Ad 4. Signature and Name of Fir usiness _Date Time In Time Out COPIES MADE t 42 PA Il �f `a INVOICE 3S-J 03 G:/ADD&Shared/File Review Access Form rev 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY October 20, 2017 Scott Cook Construction Co., Managing Member Neighborhoods of Holly Ridge, LLC ATTN: Scott H. Cook, President 1105 New Pointe Boulevard, Suite 6 Leland, NC 28451 Subject: Notice of Inspection —Not Compliant Neighborhoods of Holly Ridge Phases 1, 2 and 3 State Stormwater Management Permit No. SW8 050213 (Phase 1) State Stormwater Management Permit No. SW8 050842 (Phase 2) State Stormwater Management Permit No. SW8 070649 (Phase 3) Onslow County Dear Mr. Cook: TRACY DAVIS Director 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 July 8, 2017, the Division received an emailed complaint from the vice-president of the Neighborhoods at Holly Ridge Homeowners Association, alleging some on -going maintenance issues with the permitted stormwater management system. On July 13, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected all three phases of the Neighborhoods of Holly Ridge, located off NC 50 near Holly Ridge in Onslow County to determine the status of compliance with the three State Stormwater Management Permits, SW8 050213, SW8 050842 and SW8 070649. DEMLR file review and site inspection revealed that all three phases of the project are not in compliance with the terms and conditions of their respective permit. Please find a copy of the completed "Compliance Inspection Report" for each phase of the subdivision, attached to this letter. A summary of the findings for each inspection are listed below by Phase. Please note that many of the deficiencies identified below are unresolved issues carried over from the October 2014 inspection reports for these projects. SW8 050213 Phase 1 issued March 3, 2005 (expires March 3, 2019) 1. The lots that were conveyed prior to the BUA correction from 3800 sf to 2800 sf need to be reviewed for compliance with the 2800 sf limit. There was a 13-month lapse between the time of the original incorrect recording (February 23, 2006 DB 2605 at PG 459) and the third amendment correcting the error (March 30, 2007 DB 2846 PG 295). The permittee has still not provided any verification whether the lots that were conveyed during that 13-month time frame under the incorrect BUA limit have met the correct 2800 sf BUA limit. 2. The gravel in the boat storage area was approved to be replaced with four inches of #57 stone laid over a geotextile fabric on May 20, 2016. The Division requires certification from the designer that the work has been completed in accordance with the approved plans. 3. The four permitted bio-retention basins need to be maintained to design condition. All of the basins must be planted and maintained with the wetlands plants shown on the approved plans. All of the basins must be operated and maintained to draw down within 5 days. However, the large basin #4 appears to be holding water. 4. The permit has not been transferred to the HOA. State of North Carolina 1 Environmemai Quah. y 1 Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardiml Drive Extension 1 l4Hlmington, NC 28405 91O 796 7215 State Stormwater Permit No. SW8 050213 State Stormwater Permit No. SW8 050842 State Stormwater Pemait'No. SW8 070649 Page 2 of 3 ` SW8 050842 Phase 2 issued '_YIay 26, 2006 (expires May 26, 2020) 1. The required Designer Certification has not been submitted. 2. The infiltration basin needs to be maintained to restore it to design condition. The basin is holding water and side slopes were sloughing into the. basin. 3. The piped and vegetated runoff conveyance system needs to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas, and maintain a stable vegetated cover. The design storm must be adequately conveyed to the storage basins. 4. Pumps and bypasses must be maintained to design condition. Pumps must be operational and the by structures must allow excess runoff volume to bypass the system to the existing wetlands via the overflow weir in the bypass structure. 5. Please verify that any lots sold between the plat record date of October 2006 and the declaration record date of March 30, 2007, are in compliance with the 4500 sf BUA limit. 6. The permit has not been transferred to the HOA. SW8 070649 Phase 3 issued February 8, 2008 (expires December 31, 20211 1. The required Designer Certification has not been submitted. 2. The layout of the streets and lots in Sections 7, 8, 9 and 10 has been revised without prior approval from the Division. Please submit a permit modification and revised plans to the Division reflecting these changes and verify that the BUA within each permitted drainage area has not increased beyond the current permitted maximum BUA for that drainage area. 3. The piped and vegetated runoff conveyance system needs to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas, and maintain a stable vegetated cover. The design storm must be adequately conveyed to the storage basins. 4. Pumps and bypasses must be maintained to design condition. Pumps must be operational and the bypass structures must allow excess runoff volume to bypass the system to the vegetated filters via the overflow weir in the bypass structure. 5. A permit number error has been recorded with the original declaration and has been carried through all the subsequent amendments. This recording error needs to be fixed. Please be reminded that the permit does NOT automatically transfer upon the conveyance of common area property to the HOA. It is your responsibility as the permittee of record to submit a completed and signed Permit Transfer Application Form and $505.00 fee for each requested transfer, to the Division of Energy, Mineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. This form is available on our website at: littps•//deq.nc.gov/about/divisions/energy-mineral-land- resorirces/energy-mineral-land-rules/stormwater-program/post-construction. a. An ownership change including the sale or conveyance of the permitted project area in whole or in part. This does not include the conveyance of subdivided residential lots to individuals which are made subject to a recorded declaration of covenants and restrictions which contain the statements required by the stormwater permit; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Foreclosure proceedings; d. Bankruptcy; e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall wind up, which may include continuing the business of the LLC for a period of time. The person charged with winding up the LLC shall collect the LLC's assets [which include the stormwater management permit], and distribute the assets as provided in NCGS 57D-6-08(2). Please be advised that until you submit the required Permit Transfer Application Form to the Division and receive approval from the Division to transfer the permit, you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the limitation of built -upon area on each lot and the operation and maintenance of the permitted stormwater system. State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796'i 2i5 State Stormwater Permit No. SW8 050213 State Stormwater Permit No. SW8 050842 State Stormwater Permit No. SW8 070649 Page 3 of 3 Failure to provide the requested information, or to respond to this letter with a plan of action, including a reasonable timeline to resolve the identified deficiencies, by December 20, 2017, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DE.NL,R staff will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at linda.lewis[a).ncdenr.Qov. Sincerely, 4&�e�(4u zdG" Linda Lewis, E.I. Environmental Engineer III Enc: Compliance Inspection Report for each Phase GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD \2017 10 CEI deficient 050213 G:\\\Stormwater\Permits & Projects\2005\050842 HD \2017 10 CEI deficient 050842 G:\\\Stormwater\Permits & Projects\2007\070649 HD \2017 10 CEI deficient 070649 cc: Kyle Priestly, Managing Agent, Neighborhoods at Holly Ridge HOA (Priestly Management Co. 1213 Culbreth Drive, Wilmington NC 28405) Kelly Collins, Vice-president Neighborhoods at Holly Ridge HOA (via email: kellypodlisnv(aamail.com) Harrison B. Freedland, Craig & Fox PLLC, Attorney for Neighborhoods at Holly Ridge HOA (701 Market Street Wilmington NC 28401) Luke Menius, P.E., Stroud F,ngi_neering Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File SW8 050213 WiRO Stormwater Permit File SW8 050842 WiRO Stormwater Permit File SW8 070649 SUe of North Carolim I Environmental Qvaltty I Energy. Mineral and Land Resources WiliAngton Regional Office 1 127 Curdinal Drive Extension I Wilmington, NC 28405 910 746 7215 Compliance Inspection Report Permit: SW8050213 Effective:05/20/16 Project: Neighborhoods of Holly Ridge Owner: Neighborhoods of Holly Ridge LLC County: Onslow Region: Wilmington Expiration: 03/03/19 Contact Person: Scott Cook Title: Directions to Project: 1.4 miles south along NC50 from the intersection of NC50 and US 17 Type of Project: State Stormwater - HD - Bioretention Drain Areas: BA1 - (County Line Branch) (03-06-24 ) (SA;HQW) BA2 - (County Line Branch) (03-06-24) (SA;HQW) BA3 - (County Line Branch) (03-06-24) (SA;HQW) BA4 - (County Line Branch) (03-06-24 ) (SA;HQW) On -Site Representative(s): Related Permits: Adress: NC 50 City/State/Zip: Holly Ridge NC 28445 Phone: 910-343-9203 SW8070649 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holly Ridge Phase 3 SW8050842 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holly Ridge Phase II Inspection Date: 07/13/2017 Entry Time: 09:30AM Exit Time: 10:40AM Primary Inspector: Alida R Lewis Secondary Inspector(s): Holley A Snider Reason for Inspection: Complaint Permit Inspection Type.: State Stormwater Facility Status: ❑ Compliant ! ' Not Compliant Question Areas: M State Stormwater (See attachment summary) N,Ov_ 20/,F- pC -o/ 30 Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SW8050213 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 07/13/2017 Inspection Type Compliance Evaluation Reason for Visit: Complaint Inspection Summary: The project was last inspected on December 14, 2015 and found to be out of compliance for many of the same issues as were found in the July 17, 2017 inspection, including 1. The BUA correction from 3800 sf to 2800 sf - the lots that were conveyed under the 3800 sf limit need to be reviewed to make sure they meet the 2800 sf limit. 2. The standing water, lack of approved plantings, and missing bypass / diversion structures for the bioretention basins. 3. Certify that the #57 stone area is constructed as approved to receive the BUA credit. 4. Initiate the transfer the permit to the HOA after these compliance issues are resolved. page: 2 Permit: SW8050213 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 07/1312017 Inspection Type Compliance Evaluation Reason for Visit: Complaint File Review Yes No NA NE Is the permit active? a ❑ ❑ ❑ 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 m MK, ❑ ❑ ❑ Comment: 1. The 13-month lapse between the recordation of an incorrect BUA limit of 3800 sf for the Phase I lots and the recordation of the amendment to correct the BUA limit to 2800 sf has still not been addressed The number of lots conveyed during the time that the incorrect BUA limit was referenced still needs to be determined. These lots will need to be reviiewed for compliance with the corrected 2800 sf limit Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ® ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? N ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? E ❑ ❑ ❑ Comment: 2. Prior to transfer of the permit to the HOA the permittee must provide proof that no lot has exceeded it's maximum BI.IA limit The BUA limit for each lot in this section of The Neighborhoods at Holly Ridge is a maximum of 2800 sf. 3. The'boat storage area was approved to be replaced with #57 stone laid 4 inches thick over a geotextile fabric.. This construction has not been certified as complete SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ® ❑ ❑ ❑ Are the inlets located perthe approved plans? U 110 ❑ Are the outlet structures located per the approved plans? ® ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ DWQ upon request? Comment: 4_ The four Permitted bioretention basins need to be maintained and planted with the required vegetation. The large Basin #4 at the entrance appears to be holding water. Bioretention sustems are designed to draw down within 5 days but utilize a variety of means to accomplish that including plant uptake, evaporation and infiltration. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ®❑ ❑ Comment: 5. The permit has not been transferred to the Association due to the ongoing compliance issues page: 3 CRAIGE &FOX ATTORNEYS & COUNSELORS AT LAW 701 Market Street / Wilmington, North Carolina 28401 Telephone: (910) 815-0085 / Facsimile: (910) 815-1095 / www.craigeandfox.com LAWRENCE S. CRAIGE* CHARLOTTE NOEL FOX *Board Certified Specialist in Elder Law *Certified Elder Law Attorney by ABA Accredited National Elder Law Foundation ASHT EY MICHAET . JENNIFER M. RODEN HARRISON B. FREEDLAND September 12, 2017 Via Certified and First -Class Mail JEIVE NCDEQ Wilmington Regional Office SEP 14 zot? Attn: Linda Lewis BYo 127 Cardinal Drive Ext. Wilmington, NC 28405 RE: The Neighborhoods of Holly Ridge Owners Association; State Stormwater Management Systems Permit Numbers SW8-050213, SW8-050842, and SW8-070649 Dear Linda, I hope this letter finds you doing well. I represent the Neighborhoods of Holly Ridge Owners Association (the "Association"). The purpose of this letter is to request NCDEQ to (1) enforce the requirements for Neighborhoods of Holly Ridge, LLC (the "Permit Holder") to inspect and maintain the stormwater system in accordance with State Stormwater Management Systems Permit Numbers SW8-050213, SW8-050842, and SW8-070649 (the "Permits"); and (2) take into consideration the inspection report of the Association's engineer prior to approving the transfer of the Permits to the Association. A more detailed explanation follows. Pursuant to the email from Kelly Collins to you on July 8,IN 7 2011, the i emit Holder has failed to inspect and maintain the stormwater sysem as required by the Permits. Specifically, the Permit Holder has failed to inspect and repair the eroded areas, reapply mulch or re -mulch void areas, mow and revegetate basin areas, repair the pumps, maintain and restore the side slopes of basin areas, and remove debris from structures, orifices, catch basins, and piping. Some of these violations, such as the need to maintain and restore the slopes of Pump Basin B and verify the functioning of the pump system for Pump Basin B, have been in place since October 16, 2014, when NCDEQ (then NCDELR) sent its "Notice of Inspection — Non Compliant ..." letters to the Permit Holder. Based on those October 16, 2014 letters, the Permit Holder's failure to remedy the violations could subject it to civil penalties of up to Twenty Five Thousand dollars ($25,000.00) PRACTICE AREAS Business Law / Civil Litigation / Elder Law / Estate Administration Estate Planning / Family Law / Juvenile Law / Legal Guardianship Municipal Law / Real Property Law per day per violation. It is the Association's understanding that, as of the date of this letter, all the Permits are in noncompliant status, and that NCDEQ has not imposed any civil penalties against the Permit Holder for the numerous violations. The Association respectfully requests that NCDEQ require the Permit Holder to promptly and consistently perform the necessary inspections, maintenance, and repairs to the stormwater system in accordance with the Permits. If the Permit Holder fails to fully comply with the requirements of the Permits, the Association requests NCDEQ take enforcement action against the Permit Holder pursuant to N.C.G.S. § 143-214.7. Due to the Permit Holder's continuous violations of the Permits, the Association is concerned the Permit Holder will fail to bring the stormwater system into substantial compliance per N.C.G.S, § 143-214.7(c2) before transferring the Permits to the Association. If NCDEQ allows this to happen, the Association would have no choice but to enact a special assessment to cover the costs of bringing the stormwater system into compliance with the Permits. To help avoid this financial burden befalling its residents, the Association respectfully requests that, prior to authorizing the transfer of the Permits, NCDEQ consider the report of the Association's engineer in determining whether the stormwater system is in substantial compliance with the Permits. The Association is primarily concerned with protecting the wclfarc of its residents, and not with punishing the Permit Holder. Nonetheless, after years of the Permit Holder failing to inspect, maintain, and repair the stormwater system, it appears that NCDEQ enforcement action is the only way to motivate the Permit Holder to comply with the requirements of the Permits. Please contact me by September 22, 2017 to confirm (1) the actions NCDEQ will take to enforce the Permit Holder's compliance with the Permits; and (2) NCDEQ's willingness to review the Association's engineering report prior to transfer of the Permits. Please do not hesitate to contact me with any questions. Your prompt attention to this matter is greatly appreciated. Thank_ you. Sincerely, CRAIGE & FOX, PLLC By: &-� /kea� Harrison B. Freedland Cc: The Neighborhoods of Holly Ridge Owners Association p� CD pto an 00 N 0 aoFi o NT LL o '4 u I B N < a 0 U- o o ram'_ w o Lmu r. c r. V� aW� o� UH U U O O 00 9 N �Qz ��4 ocd Wave Corporations Division Page 1 of 1 North Carolina Secretary k., PO Sax to u Ft WO. fii,:27526-ta"2i i 919;314-E43 Account Login Click Here To: Create View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report form Corporate Names Legal: Neighborhoods of Holly Ridge, LLC Limited Liability Company Information Sosld: 0716245 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 3/16/2004 Fiscal Month: December Registered Agent: Cook, Ryan Corporate Addresses Mailing: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 Principal Office: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 Reg Office: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 Reg Mailing: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20 Managing Member: Ryan Cook 1105 New Pointe Blvd. Ste 6 Leland NC 28451 Managing Member: Scott Cook Construction Company 1105 New Pointe Blvd. Ste 6 Leland NC 28451 https://www.sosne.gov/Search/profcorp/6205491 7/10/2017 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: Neighborhoods of Holly Ridge, LLC SECRETARY OF STATE ID NUMBER: 0716245 STATE OF FORMATION: NC Filing Office Use Only E-Filed Annual Report 0716245 REPORT FOR THE YEAR: 2017 CA201707900269 3/20/2017 08:26 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: Cook, 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 1105 New Pointe Blvd Ste 6 SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 Brunswick Countv Leland, NC 28451-4130 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Land Development 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 343-9203 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.) NAME: Scott Cook Construction Compar NAME: Ryan Cook TITLE: Managing Member TITLE: Managing Member ADDRESS: ADDRESS: 1105 New Pointe Blvd. Ste 6 1105 New Pointe Blvd. Ste 6 Leland, NC 28451 Leland, NC 28451 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Ryan Cook, by Ryan Cook - Member SIGNATURE Form must be signed by a Company Official listed under Section C of this form. 3/20/2017 DATE Ryan Cook, by Ryan Cook - Member Managing Member Print or Type Name of Company Official Print or Type The Title of the Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 Corporations Division Page 1 of 1 North Carolinas ' Elaine F Marshall E. P A H *4T CIF "r; lip. 4 Secrets r [��• jl� rwl � �+�FM _ Fa fax'_ r'Pa1eish,T.v2 3Z -M :Si3514-rd53 Account Login Click Here To: Create - •_.-__._.._--- __ _.._.. �__._.—.bite View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report form Corporate Names Legal: Scott Cook Construction Co. Business Corporation Information Sosld: 0758516 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 12/21/2004 Fiscal Month: December Registered Agent. Cook, Scott Corporate Addresses Reg Office: 1105 New Pointe Blvd Leland, NC 28451-4127 Reg Mailing: 1105 New Pointe Blvd Leland, NC 28451-4127 Mailing: 1105 New Pointe Blvd Suite 6 Leland, NC 28451-4130 Principal Office: 1105 New Pointe Blvd Suite 6 Leland, NC 28451-4130 Officers President: Scott H Cook 1105 New Pointe Blvd Suite 6 Leland NC 28451 Stock Class: Common Shares: 100000 No Par Value: Yes https://www.sosnc.gov/Sea.rch/profcorpn3lO752 7/10/2017 nmW11-10 BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Scott Cook Construction Co. SECRETARY OF STATE ID NUMBER: 0758516 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: ig/nimiR SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Cook, Scott 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 1105 New Pointe Blvd Filing Office Use Only E-Filed Annual Report 0758516 CA201707900232 3/20/2017 08:16 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 1105 New Pointe Blvd Leland, NC 28451-4127 Brunswick County Leland, NC 28451-4127 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: RPGidpntial (nnstrltrtinn 2. PRINCIPAL OFFICE PHONE NLIMBF.R: (919) 343-9203 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 1105 New Pointe Blvd Suite 6 Leland, NC 28451-4130 SECTION C: OFFICERS (Enter additional officers in Section E-) NAME: Scott H Cook NAME: TITLE: President TITLE: ADDRESS: ADDRESS: 1105 New Pointe Blvd Suite 6 Leland, NC 28451 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 1105 New Pointe Blvd Suite 6 Leland, NC 28451-4130 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. Scott H Cook SIGNATURE Form must be signed by an officer listed under Section C of this form. Scott H Cook Print or Type Name of Officer 3/20/2017 President This Annual Report has been filed electronically. MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525 DATE Print or Type Title of Officer Hammers, Karl From: Luke Menius <Imen ius@stroudengineer.com> Sent: Wednesday, January 07, 2015 11:22 AM To: Hammers, Karl Cc: Lewis,Linda; 'Scott Cook' Subject: RE: Neighborhoods of Holly Ridge -Holly Ridge, NC Got them, thanks. The ones I received earlier this week had been scanned a few times and were actually missing the last page of the cover letter but I could read enough to see that it was basically the same set of problems that I had promised to address in the plans of action I submitted to Linda for the 3 permits in question. These documents are already in the respective DENR files. The time frame I had proposed was April Is'for submitting any applicable plans and documents and commencing any applicable site work upon DENR concurrence. I don't see anything new in these reports that can't be accommodated in the same timeframe. Please continue to forward me any additional concerns about these projects that warrant the permittee's consideration and I'll address them in the April 1s' submittal. I'll submit a written request for a time extension if anything comes up that can't be accommodated in that time frame. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Hammers, Karl [mailto:karl.hammers@ncdenr.gov] Sent: Wednesday, January 07, 2015 10:46 AM To: Luke Menius Subject: RE: Neighborhoods of Holly Ridge -Holly Ridge, NC Please let me know if you have any questions or need any additional information. Please let me know in writing for our files that you received these reports and when the corrective actions will be finished. Thank you. Karl Hammers Environmental Specialist Division of Energy, Mineral, and Land Resources NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 910-796-7372-direct 910-350-2004-fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations. From: Luke Menius[mailto:Imenius(alstroudengineer.com] Sent: Monday, January 05, 2015 4:58 PM To: Hammers, Karl Subject: RE: Neighborhoods of Holly Ridge -Holly Ridge, NC The one I have is pretty degraded. I would appreciate a clean copy. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Hammers, Karl [mailto:karl.hammersCabncdenr.gov1 Sent: Monday, January 05, 2015 4:51 PM To: Luke Menius Subject: RE: Neighborhoods of Holly Ridge -Holly Ridge, NC Do you have a copy of my inspection reports? Karl Hammers Environmental Specialist Division of Energy, Mineral, and Land Resources NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 910-796-7372-direct 910-350-2004-fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations. From: Luke Menius [mailto:lmeniusCa@stroudengineer.com] Sent: Monday, January 05, 2015 4:49 PM To: Hammers, Karl Cc: Lewis,Linda; 'Scott Cook'; 'Mike Ankrum' Subject: FW: Neighborhoods of Holly Ridge -Holly Ridge, NC Please accept the attached plans of action that were already delivered to Linda as evidence of our intentions to correct the deficiencies noted in your December 16th letter. They are pretty generic and all contain some language to the effect that we are motivated to get everything squared away and transferred to the HOA. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 lmenius@stroudengineer.com From: Luke Menius [mailto:lmenius(&stroudengineer.com] Sent: Wednesday, December 17, 2014 11:27 AM To: 'Lewis,Linda' Cc: 'Scott Cook'; 'Mike Ankrum' Subject: RE: Neighborhoods of Holly Ridge -Holly Ridge, NC Please find the attached pdf with a p:an of action to address deficiencies at each of the 3 phases at the Neighborhoods of Holly Ridge subdivision. I'll drop off hardcopies through the course of today. I have scheduled a file review in early January and it is my understanding that there is ongoing dialogue with the HOA and the permittee in an effort to work towards the common goal of satisfying the permit requirements. David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Lewis, Linda [mailto:linda.lewisOncdenr.gov] Sent: Tuesday, November 18, 2014 10:16 AM To: Luke Menius Subject: RE: Neighborhoods of Holly Ridge -Holly Ridge, NC I appreciate the update, Luke. A time extension to December 17, 2014, is granted. The plan of action to address the deficiencies will be due on or before December 17, 2014. Please be sure that the plan of action is relatively detailed in the findings and the actions needed to correct the problems, and includes the date by which the corrective actions will be completed. Linda From: Luke Menius [mailto:lmenius0stroudengineer.com] Sent: Monday, November 17, 2014 2:57 PM To: Lewis,Linda Subject: FW: Neighborhoods of Holly Ridge -Holly Ridge, NC Linda, Kyle forwarded your email to me last Wednesday with all of the inspection reports and cover letters attached. I'm just getting around to reading the attachments today and I see that the deadline for a response was yesterday. I've contacted the permittee this morning to let him know about the time sensitivity and he has asked for 30 days to prepare a proper plan of action for the necessary remedies. David L. Menius, P.E. Stroud Engineering, P.A. 1024D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Kyle Priestley fmailto:KPriestley(dpriestleymanagement.com] Sent: Wednesday, November 12, 2014 10:59 AM To: Scott Cook; Luke Menius; Mike Ankrum Subject: Fwd: Neighborhoods of Holly Ridge -Holly Ridge, NC Sent from my iPhone Begin forwarded message: From: "Lewis,Linda" <linda.lewis@ncdenr.eov> Date: November 12, 2014 at 10:06:09 AM EST To: "Kyle Priestley (KPriestlev priestlevmanaQement.com)" <KPriestlev@Priestleymanaeement.com> Cc: "Coburn, Chad" <chad.coburn@ncdenr.gov> Subject: FW: Neighborhoods of Holly Ridge -Holly Ridge, NC As requested, please find attached a copy of each permit and all 3 compliance inspection reports and cover letters for the Neighborhoods of Holly Ridge. As clarified in our discussion, no stormwater permit is needed for maintenance work, however, due to the proximity of the wetland and the potential for impacts to that wetland from the maintenance work, you should call Chad Coburn with the Division of Water Resources at 910-796-7379 to find out what needs to be done to protect the wetland from those impacts and if a permit or general certification is required. The HOA is concerned about the cost of this repair worm and the running of the overall system in general. My job is to assure compliance with the permit and to protect water quality, not the developer or the HOA. Before this permit can be transferred, any and all deficiencies must be resolved and certified by a suitable professional. Who pays for what is a discussion reserved for the developer and the HOA and their respective attorneys. Linda From: Lewis,Linda Sent: Wednesday, November 12, 2014 9:21 AM To: 'Kyle Priestley' Subject: RE: Neighborhoods of Holly Ridge -Holly Ridge, NC Mr. Priestley: Maintenance work to restore a pond or infiltration system to the permitted design does not require a permit. However, you need to know and understand what the permitted design is. A permit would be needed if you are planning to change something about the permitted system that results in it functioning different than permitted. This is not a "wet pond" system —the pond is simply a storage device to contain the runoff that is then pumped over to the infiltration basin for treatment. If you need a copy of the permit, please let me know. I was more concerned about the function of the pump in Pond B which pumps over into Infiltration Basin 1-1. Pond B is located in Phase 3 of the project, in the southwest corner next to the powerline easement. However, if the pump in Pond C which pumps over to Basin 1-2 is also malfunctioning, or if the force main is compromised, that is also a concern that needs to be addressed. This permit is still currently in the developers name and has not been transferred to the HOA, so the permittee is responsible for dealing with these maintenance issues. Once everything is in compliance, then we can look at accepting the paperwork to transfer the permit to the HOA under the requirements of SL 2011-256. Linda From: Kyle Priestley[mailto:KPriestley(a.priestleymanagement.com] Sent: Tuesday, November 11, 2014 8:41 AM To: Lewis,Linda Subject: Neighborhoods of Holly Ridge -Holly Ridge, NC Linda, I am having issues with a pond in the neighborhoods of holly ridge that has a potential leak. There is a wetland next to pond. Do I need a permit to fix this? Thanks, Kyle G. Priestley, CKKA, AMS Priestley Management Company, RAMC® 1213 Culbreth Dr. Wilmington, NC 28405 Phone: (910) 509-7276 www.Priestleymanagement.com Follow PMC on Facebook! A�&A NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, 'and Land Resources Land Quality Section Pat McCrory, Governor Secretary December 16, 2014 Mr. Scott Cook, Member/Manager Neighborhoods of Holly Ridge, LLC 106A Cinema Drive Hampstead, NC 28443 Subject: Notice of Inspection — Non Compliant Neighborhoods of Holly Ridge Phase I Permit No. SW8 050213 Onslow County Dear Mr. Cook: John E. Skvarla, III, On December 15, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Neighborhoods of Holly Ridge Phase I in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 050213 issued on March 3, 2005. DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. An unpermitted gravel access drive and boat storage area have been added to the project. No revised plans were submitted for approval before construction, as required under Schedule of Compliance Condition 11.4 of the permit. The nearby bioretention basin appears to be receiving some or all of the additional runoff which it is not designed for. 2. The bioretention areas need to be planted according to the planting plan for bioretention areas located on Sheet 18 of the approved plans. 3. Basin #1 needs to be installed so that the maximum depth is 0.99 feet according to Design Standard 1.6 of the State Stormwater Management Plan or a revised plan needs to be submitted providing a feasible altemative to treat the stormwater. 4. Submit the inspection and maintenance records for the last year. Please inform this Office in writing before January 16, 2016, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by January 16, 2016 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. 127 Cardinal Dr. EA. Wilmington, NC 28405 - Telephone 910-796-7215 / FAX: 910-350-2004 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: httn:/Mortal,nodenr.ora/webdr/land-quality An Equal Opportunity 1 Affirmative Action Employer - 50% Recyded 110% Post Consumer Paper - If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes. Please include the name, mailing address and phone number of the person or entity that is now responsible for this permit on the Name/Ownership Change form. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7373 or via email karl.hammers@ncdenr.gov. SincerpJv Karl Hammers Environmental Specialist Enc: Compliance Inspection Report DSlinitials: GAMShareMStormwaterTermits & Projects120051050213 HD1201412 CEI_deficient 050213 cc: Geor ette Scott, Wilmington Regional Office Stormwater Supervisor WiR� Stormwater File Compliance Inspection Report Permit SW8050213 Effective:03/03/05 Project: Neighborhoods of Holly Ridge Owner: Neighborhoods of Holly Ridge LLC County: Onslow Region: Wilmington Expiration: 03/03119 Contact Person: Scott Cook Title: Directions to Project: 1.4 miles south along NC50 from the intersection of NC50 and US 17 Type of Project: State Stormwater - HD - Bioretention Drain Areas: BA1 -(County Line Branch) (03-06-24 ) ( SA;HQW) BA2 -(County Line Branch) (03-06-24 ) ( SA; HQW) BA3 - (County Line Branch) (03-06-24 ) ( SA;HQW) BA4 - (County Line Branch) (03-06-24) (SA;HQW) On -Site Representative(s): Related Permits: Adress: NC 50 City/State/Zip: Holly Ridge NC 28445 Phone: 910-343-9202 SW8070649 Neighborhoods of Holly Ridge LLC The Neighborhoods of Holly Ridge Phase 3 SW8050842 Neighborhoods of Holly Ridge LLC The Neighborhoods of Holly Ridge Phase II Inspection Date: 12/15/2014 Entry Tires. 10:OOAM Exit Time: 11:30AM Primary Inspector: Karl J Hammers Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Phone: Inspection Type: Compliance Evaluation page: 1 Permit: SW8050213 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 12/15/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: An unpermitted gravel access drive and boat storage area have been added to the project. No revised plans were submitted for approval before construction, as required under Schedule of Compliance Condition 11.4 of the permit. The nearby bioretention basin appears to be receiving some or all of the additional runoff which it is not designed for. The bioretention areas need to be planted according to the planting plan for bioretention areas located on Sheet 18 of the approved plans. Basin #1 needs to be installed so that the maximum depth is 0.99 feet according to Design Standard 1.6 of the State Stormwater Management Plan or a revised plan needs to be submitted providing a feasible alternative to treat the stormwater Submit the inspection and maintenance records for the last year. page: 2 Pennit Sw8050213 Owner - Project Neighborhoods of Holly Ridge LLC Inspection Date: 12/1=014 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed rnpy 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? Yes No NA NE ■❑❑❑ M❑❑❑ 0 ❑ ❑ ❑ ■ ❑ El Yes No NA NE ❑ M ❑❑ Comment: Section 11.4 of the permit requires that the permitee submit revised plans to the Division and receive approval prior to the addition of built -upon area in excess of the permitted amount. A compacted -gravel boat storage area and access drive have been created adjacent to the pump station off Belvedere Drive. There is no record of receivina a revised plan for this area. The permitted biorstention basin #1 (BR-1) appears to be receivina this runoff, but it was not clear how much of this runoff it was receiving or if some of the runoff was leaving the site untreated. The boat stora-ge area is not within the permitted BRA drainage area. The approved plans show a vegetated trapezoidal swale where the gravel access drive has been built. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ 0 ❑ ❑ Are the inlets located per the approved plans? ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ ❑ ❑ Comment: The bioretention areas are not planted according to the approved planting plan. BR-1 has more standina water than is allowed on the approved plan. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? 0 ❑ ❑ ❑ Are the SW BMP inspection and maintenance records =mplete and available for review or provided to ❑ M ❑ ❑ DWQ upon request? Comment: The inspection and maintenance records were not available on site. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? 0 ❑ ❑ ❑ Comment: Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ Comment page: 3 Permit: SW8050213 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 12/15/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine page: 4 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 F/iy,E ACCESS RECORD SECTION `) L15- AKI1 C TIMRDATE NA IE lr 1�i 4 a•tt �. REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check- money order, or cash at the reception desk. Copies totaling $5 00 or more can be invoiced for Your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are Remitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 2. 3. 4. igna a and Name Y FirmBusiness Date Time In Time out attach a business car t this form ' l� . INVOICE COPIES MADE o�7 _ PAID S:Adm n.file access STATF OF NORTH CAROLI NA DeparUnoat of Environmental. and Natural. Resom" 127 Cardinal Drive Extension W lmiugton, North Carob& 28405 (910) 796 7215 FILE ACCESStEC4] SECTION A1 T DAT D ' ov NAME REUMMING Orace is dedicated to malting Public records in Guideli Wes for Access: The staff of Vlilmington �� Vine also have the respoazsibilitl'to 13�e our custody readily available to the public for 0 viowm day-to-day � progrsr l ohiave t ns. T a read public to safeguard these records and to � forru: careful .y ib.e follow g guidelines Sing L Due to the large access, public demand for Me we rKuestthatyou ca11 at least a day in scheduled advance to schedule au appointment to review t o files. A' amtm�ents •a��l�L . an,d.3:00pm. Viewing time ends at 4:45pm. ¢•� a arr between 9- „ _ �., _ _ ..- &U a a�+ar.+ riot time and sfIf ¢��rpIS1oII'IS aya]I2ble. 2. You must Spec* files you want to review by tdq name The number of ft7es you us may review at one fte will be limited to five. 3. You Wray make cop es of'a file �rrhen the copier is not in use by the staff and if tine permits• Cost per copy is $.05 cents. Pa ent ma rbnaore d bey a ed for olletDour eonveu3enee. e reccedesk. Cu ies to . 4_ FJIL l4'fiTS`I` $E KEPT IN �RiDE Y)U FOUND 'li`HEl4l Files may not be taken from mr[iilaie or destroy material in one of these fifes is a flee of6.ce. To remove, alien, deface,„ tiPfcasesr lame totes etc. are misdemeanor for which you can be fined up to $500.00. p� the fi a r0y ew area. 5, lu acomdance -wit General Sia,.e 25-3-512, a $25•00- processing fee wiili be charged and sollecfed•for checks on which payment has been e00 W RACILITY NAME 3. 4. .. �" .r• �^ � . �° / I U 1 yam- 1l` l� a--._------- '--------` TimeIn Time Out Signature and Name of Fi MIBusn+.ess Dal Please attach a bu dnem card this foggy C� igvoia �- C3 COPIES MADE � `-�in.�Zle access STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 F11E ACCESS RECORD SECTION TD/WATE NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Apaointments will be scheduled between 9:00am and 3:00am. Viewing time ends at 4:45pm. Anyone arnym without an appointment may view the fifes to the extent that time and staffsuuervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk: Copies totaling $5.00 or more can be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THER Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 2. 3. 4. 104W 12 : 2s Signature and Name of F' usiness Date Time In Time Out Please attach a business card to this form COPIES MADE 2. S PAID INVOICE S:Admin-She access r +ava y 5 LIAIr ED LIABILITY COMPANY ANNUAL REPORT e ` NAME OF LIMITED LIABILITY COMPANY: Neighborhoods of Holly Ridge, LLC RhPOK1' FOR THE YEAR: 2014 SECRETARY OF STATE L.L.C. ID NUMBER: 0716245 NATURE OF BUSINESS: Land Development REGISTERED AGENT: Cook, Ryan REGISTERED OFFICE MAILING ADDRESS: 1105 New Pointe Blvd Ste 6 Leland NC 28451-4130 E-Filed Annual Report 6205491 Do not data enter manually STATE ON INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 1105 New Pointe Blvd Ste 6 Leland NC 28451-4130 Brunswick County PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 343-9203 PRINCIPAL OFFICE MAILING ADDRESS: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 PRINCIPAL OFFICE STREET ADDRESS: 1105 New Pointe Blvd Ste 6 Leland NC 28451-4130 Company Officials: Name: Scott Cook Name: Tidewatch LLC Title: Manager Title: Member Address: Address: 106A Cinema Dr 1105 New Pointe Blvd Ste 6 WViningion, NC 28403 Leland NC 28451 d CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED L1AI nA.L x %,.,— _ _ . _ Scott Cook FORM MUST BE SIGNED BY A MANAGER/MEMBER Scott Cook 4/30/2014 DATE Manager i o TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Sccrotary of State • Corporations Division • Post Office Box 29525 • Ralcigb, NC 27626-0525 Casmer, Jo From: Casmer, Jo Sent: Friday, November 07, 2014 3:08 PM To: 'kazouchal (Myahoo.com' Subject: Neighborhoods of Holly Ridge AMchments: 2005 03 permit 050213.pdf Copy of permit attached as requested. JO Casmer r- � Administrative Assistant Ifor DEMI.WStormwater Section O U NC Department of Environment & Natural Resources Division of Environmental Assistance & Customer Service I� ►/� 127 Cardinal Drive Extension 1Wilmingion, NC 28405 Phone: (910) 796-7336 Fax: (910) 350-2004 &wil co► espondenae to and from this address may be sulked to the North Carolina Public Records law and may be disdosed to thud parties IMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 16, 2014 Scott Cook, Manager Neighborhoods of Holly Ridge, LLC 106-A Cinema Drive Wilmington, NC 28403 Subject: Notice of Inspection — Not Compliant and Permit Extension The Neighborhoods of Holly Ridge Phase I Permit No. SW8 050213 Onslow County Dear Mr. Cook: John E. Skvada, III Secretary 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 now references DEMLR as the Division responsible for issuance of the subject 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 up to four (4) years extension. Accordingly, the permit, which was set to expire on March 3, 2015, shall now be effective from the date of issuance until March 3, 2019, which includes all available extensions. The project remains subject to the conditions and limitations as specified in the permit issued on March 3, 2005 which remains in force and effect. On October 1, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Phase 1 of The Neighborhoods of Holly Ridge in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 050213 issued on March 3, 2005. DEMLR file review and site inspection revealed that the project is not in compliance with the terms and conditions of the permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Submit a permit modification to address the addition of an unpermitted gravel boat storage area and access drive within the drainage area of BR-1. Please inform this Office in writing before November 16, 2014, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by November 16, 2014 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7. Violations of your Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation. Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - (910) 796-72151 Fax: (910) 350-2004 Mr. Cook October 16, 2014 Permit No. SW8 050213 The Division notes that the Homeowner's Association has been formed. When the project has met the permit transfer requirements of Session Law 2011-256, please note that it is your responsibility to submit the completed and signed Name/Ownership Change form to DEMLR within 30 calendar days of conveying the common areas to the Association. Upon the satisfaction of the transfer requirements, including a determination of compliance with the permit, the permit will be transferred to the Association. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7343 or via email at linda.lewis(Mncdenr.gov. Sincerely',, Linda Lewis Environmental Engineer III Enc: Compliance Inspection Report GDS1arl: G:1WQ1SharedlStormwateAPermits & Projects120051050213 HD1201410 CEI_deficient 050213 cc: Jimmy Fentress, P.E., Stroud Engineering Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 North Carolina Secretary of State Page 1 of 1 i NW*Calm r _ ali"1e i DEPENT o THE 1 ECREIARaYOF STATE Account Login Register Date: 10/16/2014 Click here to: View Document Filings I File an Annual Report _''• Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC NEIGHBORHOODS OF HOLLY RIDGE, LLC LEGAL Limited Liability Company Information SOSID: 0716245 Status: Current -Active Effective Date: 3/16/2004 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: Office Address: COOK, RYAN 1105 NEW POINTE BLVD STE 6 LELAND NC 28451-4130 Mailing Address: 1105 NEW POINTE BLVD STE 6 LELAND NC 28451-4130 Principal Office Office Address: 1105 NEW POINTE BLVD STE 6 LELAND NC 28451-4130 Mailing Address: 1105 NEW POINTE BLVD STE 6 LELAND NC 28451-4130 Officers/Company Officials Title: MANAGER Name: SCOTT COOK Business Address: 106A CINEMA DR WILMINGTON NC 28403 Title: MEMBER Name: TIDEWATCH LLC Business Address: 1105 NEW POINTE BLVD STE 6 LELAND NC 28451 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4375 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=6205491 10/16/2014 E-Filed Annual Report LIMITED LIABILITY COMPANY 6205491 ANNUAL REPORT Do not data enter manually. NAME OF LIMITED LIABILITY COMPANY: Neighborhoods of Holly Ridge, LLC REPORT FOR THE YEAR: 2014 STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0716245 NATURE OF BUSINESS: Land Development REGISTERED AGENT: Cook, Ryan REGISTERED OFFICE MAILING ADDRESS: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 REGISTERED OFFICE STREET ADDRESS: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 Brunswick County PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 343-9203 PRINCIPAL OFFICE MAILING ADDRESS: PRINCIPAL OFFICE STREET ADDRESS: Company Officials: 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 1105 New Pointe Blvd Ste 6 Leland, NC 28451-4130 Name: Scott Cook Name: Ddewatch LLC Dtle: Manager ?itle: Member Address: Address: 1064 Cinema Dr 1105 New Pointe Blvd Ste 6 Wilmington, NC 28403 Leland' NC 28451 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Scott Cook FORM MUST BE SIGNED BY A MANAGER/MEMBER Scott Cook 4/30/2014 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 North Carolina Secretary of State Page 1 of I NW1h Calralm EA8l71+@ F. mer ! D EDAM MENT oIr ns Ism ECRET.Ai cF TA►TE s Account Login Register Date: 10/16/2014 Click here to: View Document Filings PC, PLLC, LP and Non -Profit entities are not required to file annual reports Corporation Names Name Name Type NC THE NEIGHBORHOODS OF HOLLY RIDGE OWNERS ASSOCIATION LEGAL Non -Profit Corporation Information SOSID: 0828544 Status: Current -Active Effective Date: 2/15/2006 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: COOK, SCOTT Office Address: 106 - A CINEMA DRIVE WILMINGTON NC 28403 Mailing Address: 106 A CINEMA DRIVE WILMINGTON NC 28403 Principal Office Office Address: 106-A CINEMA DRIVE WILMINGTON NC 28403 Mailing Address: 106-A CINEMA DRIVE WILMINGTON NC 28403 Officers/Company Officials This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 4375 http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=7919816 10/16/2014 SOSID: 0828544 Date Filed: 8/28/2009 5:39:00 PM Elaine F. Marshall North Carolina Secretary of State STATE OF NORTH CAROLINA C200922900456 DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT Pursuant Ila §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of changing registered office and/or registered agent in the State of North Carolina. { INFORMATION CURRENTLY ON FILE The name 6f the entity is: Qt h C� W �5�4 ex. Entity Ty []Corporation, []Foreign Corporation, ®Nonprofit Corporation, [:]Foreign Nonprofit Corporation, ❑Limited Liability Company, ❑Foreign Limited Liability Company ❑Limited Partnership, []Foreign Limited Partnership, []Limited Liability Partnership, ❑Foreign Limited Liability Partnership The street address and county of the entity's registered office currently on file is: Number and Street: / U u t L a MA p City, State, Zip Code: Bel", A/c d The mailing a yeas 1/ dljjerr t from the sheetfrddress of - The name of the current registered agent is: County: office curvet * on file is: t* l— NEW INFORMATION 1. The street address and county of the new registered office of the entity is: (complete this item only if the address of the registered office is being changed) Number and Streer. C17Q City, State, Zip Code: Yy j f 1h; /( A `, D3 County: At.) 7`1Q/10f�s� T 2. The mailing address ifdfferent jrorn the street address of the new registered office is: (complete this item only if the address of the registered ice is being changed) 3. The n#ne of the new registered agent and the new agent's consent to appointor ars ow: (compfete t item only if the name of the registered agent is being changed Type or Print Nance of New Agent • Signature & Title 4. The address of the entity's registered office and the address of the business office of its registered agent, as changed, will by identical. 5. This statement will be effective upon filing, unless a date and/or time is specified: 20 This is the day of ZL$ ¢ � rt A� Notes: in is seas This doemneet mast he filed with the Secretary of State.Type or Pri t Name and Title " lmdead of ping here, ttre new re�tered agent may sip a separate written eoaaeet to the appointment, which mast be attached to this statement. CORPO TION5 DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 Revised ]a�ruary 2002 Form BE-06 I i STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 rFILE ACCESS RECORDSECTION t,/ T / 'er TIME/DATE �m o % -L-1 3,0 ?ol `I NAME LMk4 A-,Jk.y REPRESENTING' Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Aupointments will be scheduled between 9:00am and 3:00ym. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1. NJNA r4=1 2. 3. 1h301-i Signature and Name of Firm/Business Da Please attach a business car to this, form COPIES MADE � PAID S:Admin.file access I Poe r; Time In Time Out INVOICE STROUD ENGINEERING, P.A. 102-D Cinema Drive Wilmington, NC 28403 dIFEUTM @IF TO PEN (910) 815.0775 DATE 1,417 G �� u/ JOB NO.�/ !_ y 7 V ATTENTION / 1 r1 v 4 RE: NA /- 3 c✓� 6502- 3 1 w g S 2- 0 70 G Il 1, 3 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION a � � l ccc/tu" 2 G THESE l5 p /? REMARK COPY TO DEC 17 2014 G- .17 _S /ems• t copies for approval copies for distribution corrected prints URNED AFTER LOAN TO US if e _ _ _ _ _. _., o. ..va as nored, kindly notify us at once. STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910) 815-0775 December 17, 2014 NCDENR 127 Cardinal Drive Wilmington, North Carolina 28405 Attn: Linda Lewis Re: The Neighborhoods of Holly Ridge, Phase 1 SW8 050213 Dear Linda, ECE'E DEC 18 2014 ter; I am writing on behalf of the permittee, Neighborhoods of Holly Ridge, LLC, to propose a plan of action to address concerns raised in your letter dated 10/16/2014. I have reviewed your field report and met with the permittee to further discuss the situation. It is understood that a gravel boat storage area has been constructed along the boundary of phases 1 and 2 and may be draining towards a bioretention pond in phase 1. This BUA was not shown on the approved plan and not explicitly called out in the BMP calculations. Actions proposed to resolve this matter include an evaluation of the size, location, and drainage patterns associated with the storage area. This will require a combination of a ground survey, review of available aerial photography, and observation of the area during a runoff producing rainfall event. Once these items are established, an analysis of the affected BMP(s) will be conducted to determine if they are sized appropriately or, if not, the feasibility of modifying the BMP(s). Once this analysis is complete, revised plans will be developed which accurately depict the boat storage area and, if necessary, provide details for BMP improvements. In the event that the storage area straddles the approved project area for phases 1 and 2, there will be a need to modify both permits accordingly. Please note that this phase was designed and permitted by another engineering firm and, as such, our files are incomplete. A review of the DENR file is scheduled for 1/6/2015. Once this information is in hand, I will be better able to direct our surveying crew to locate critical features of the exiting phase 1 collection system, BMPs and the storage area. My goal will be to complete the field and office work described above and submit documents to NCDENR by April 1", 2015. It is unclear at this time if site work will be required to correct this problem. If necessary, commencement of site work will be conditioned on the issuance of a permit modification, Please note that the project is substantially complete and all parties are motivated to see the permit conveyed to the HOA once the noted deficiencies are resolved. Therefore, it is our intention to see this plan of action through to completion without undue delay. Your assistance in resolving this matter is greatly appreciated. Please feel free to contact me with any questions or concerns. Respectfully, David L. Menus, P.E. Stroud Engineering, PA cc: Scott Cook, Manager, Neighborhoods of Holly Ridge, LLC 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 r i Mr +ti Rv ;. iaa$ •:¢ r 0 5/AN V/O V OD ��rr�� N ar UJ CD 0 6'} a M rn�d N Q IX �O L NJ ! 00 w w N m 0 Y41 �;,� AVd AY➢ .a ,g w�Y ut a ri k c1 &f� g'pY dAY a Po u GO Cc � aka 1wi cu w .> �I w(�iil ^ V cc Fa, y4ad� 147 O 0T_ (� 0 C U d,Ci (D �� zLrl r~, �v 0+4 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LINTIED LIABILITY COMPANY: Neighborhoods of Dolly Ridge, LLC REPORT FOR THE YEAR: 2014 SECRETARY OF STATE L.L.C. ID NUMBER: 0716245 NATURE OF BUSINESS: LandDevelopment REGISTERED AGENT: Cook, Ryan REGISTERED OFFICE MAILING ADDRESS: 1105 New Pointe Blvd Ste 6 Leland NC 28451-4130 E-FiledAnnual Report 6205491 Do not data enter manually. STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 1105 New Pointe Blvd SYe 6 Leland NC 284S1-4130 Brunswick County PRINCIPAL OFFICE TELEPHONE NUMBER (910) 343-9203 PRINCIPAL OFFICE MAILING ADDRESS: 1105 New Pointe Blvd Ste 6 ` V Leland NC 28451-4130 PRINCIPAL 0M— CI; STREET ADDRESS: 1105 New Pointe Blvd Ste 6 Leland NC 28451-4130 Company Officials: Name: Scott Cook Name: Tidewatch LLC Title: Manager 2711e: Member Address: Address: 106A Cinema Dr 1105 New Pointe Blvd Ste 6 Wilmington, NC 28403 Leland NC 28451 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Scott Cook FORM MUSTBE SIGNED BY A MANAGER Scott Cook 4/30/2014 DATE Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Scary of Stato - Corporations Division - Post OfEoc Box 29525 - Ralc*k NC 27626-0525 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (4i0) 796-7215 FILE ACCESS RECORD SECTION TIME/DATE NAME REPRESENTING Guidelines for Access: The staff of Wihnington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00ym. Viewing time ends at 4:45pm. Anyone arriving witbout an appointment may view the files to the extent that time and staff supervision is available 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies. There is no charge for 25 or less copies. Payment may be made by check. money order, or cash at the reception desk. Copies can also be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases. large totes, etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME 2. ��s -to y 3. 3115DA 3 4. 0 r)-D-9y'a 5. '41( l l COUNTY Signature d Name of Firm/Business Date ,' Time In Time Out Please attach a business cardutq this form --"� COPIES MADE PAID` INVOICE STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD SECTION TIME/DATE f �''Z NAME REPRESENTINGS Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to. carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9.00am and 3.00pm Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies. There is no charge for 25 or less copies. Payment may be made by check, money order, or cash at the reception desk. Copies can also be invoiced for your convenience 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes etc are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME I. 2. 3. 4. 5. SigiAtu a and Name of Firm/Busines: Please attach a business card to this form COPIES MADE b PAID COUNTY -o 3 14 14 i Date Time In Time Out INVOICE SW8 050213 Neighborhoods of Holly Ridge Deed Restrictions Subject: SW8 050213 Neighborhoods of Holly Ridge Deed Restrictions From: Linda Lewis <linda.lewis@ncmail.net> Date: Mon, 12 Mar 2007 16:48:22 -0400 To: Jimmy Fentress <jfentress@stroudengineer.com> Jimmy. I know you didn't have anything to do with the recording of the documents, but they're wrong. They recorded a BJA of 3,800 sq. ft. per lot, but they are only permitted for 2,800 sq. ft. per lot. I spoke to Mr. Cook by prone a minute ago and he is supposed to be getting the amendment together and recorded. Also, they left off Section II.16(g), which he is supposed to add as part of the amendment. If you could keep on top of this, I would appreciate it. Linda 1 of 1 3/12/2007 4:48 PM STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910) 815-0775 rl Iv 5A(D t 19 March 1, 2007 NCDENR Division of Water Quality Attn: Linda Lewis MARzaQ7 127 Cardinal Drive Extension;' Wilmington, NC 28411 Re: The Neighborhoods of Holly Ridge, Phase 1 SW8 050213 Dear Linda, I am writing pursuant your letter dated February 14, 2007 requesting recorded deed restrictions and the Designer's Certification for the subject development. Please find enclosed the deed restrictions as recorded. I have been requested by the owner to make inspection and work towards preparing a Designer's Certification for the system. I did not design or permit the system. I have inspected the completed system. I am content that the system is constructed within substantial compliance of the permit. As such, I feel that I can work towards satisfying the certification request. I have retrieved the permit and supporting info from your file. I have requested an as built survey of the system from the project surveyor Micheal Underwood and Associates. I will review this as built when it is complete to guage the system's condition relative to that originally permitted. Subsequent the review, I will make recommendation of required improvements to complete. Upon the satisfactory repair of these issues I will render the certification. I estimate this entire process to take four months. We hope these addresses your concerns. If I can be of further service, please don't hesitate to call me at 815-0775. Best Regards, James H. Fentress, Jr. PE, PL S ngineering, P.A. attachments CC: Scott Cook JHF/jf F:/master/pw458/wpd/lewisinsp.doe 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 14, 2007 Scott Cook, Member/Manager Neighborhoods of Holly Ridge, LLC 106-A Cinema Drive Wilmington, NC 28403 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS REQUEST FOR DESIGNER'S CERTIFICATION Neighborhoods of Holly Ridge Phase I Stormwater Project No. SW8 050213 Onslow County Dear Mr. Cook: On March 3, 2005, the Wilmington Regional Office issued a Stormwater Management Permit to you for Neighborhoods of Holly Ridge Phase I. Per Section 11.17 of your permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording and prior to selling lots. Per Section 11.9 of your permit, the system must be certified that it has been constructed in accordance with the approved plans and the permit, and the Designer's Certification must be submitted to the Division. A review of our files indicates that, as of this date, neither a copy of the recorded deed restrictions nor the Designer's Certification has been received in this Office. An inspection of the project was conducted on March 3, 2006. A copy of the compliance inspection report was sent to you on March 17, 2006, which requested these same items. Per Section 11.6 of your permit, you are required to respond in writing or to submit the requested information. To date, no written response to that inspection report has been received. Failure to respond to a request for information, failure to provide the Designer's Certification and failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots are violations of your permit, and subject to enforcement action. Please forward the Designer's Certification and a copy of the recorded deed restrictions to this Office at the address below by March 14, 2007, or enforcement action may be initiated and may include recommendatiuns for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 796-7335. Sincerely, Linda Lewis Environmental Engineer II ENB/arl: S:IWQSISTORMWATERIDEEDREST1050213.feb07 cc: Onslow County Building Inspections Ted Burke, Cavanaugh & Associates Wilmington Regional Office Central Files PIo ` Caroli�a �%�Qtllt'Rfly North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwateMualitv.ora Fax (910) 350-2004 1-877-623-6748 An r—.l n..:-- =--i....... CM n........i... 1-1 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor FAX COVER SHEET Date: ell" D To. Co. Ira d d n:2 n Fax: Re: William G. Ross, Jr., Secretary No. (: Pages excl. cover): ) From: Jo Casmer Phone: (910) 796-7245 Fax: (910) 350-2004 127 Cardinal Drive Extension, Wilmington, NC 29405 • (910) 796-7215 o An Equal Opportunity Affirmative Action Employer 11 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIME 1w1y-1g NAME %��� ,1°�„a s o •J REPRESENTING C�� S • ��" % S i `sty 910 - �sS-oCr7; Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying_ We also have the responsibility to the public to safeguard these records and to cant' out our day -to -day -program obligations. Please read carefully the following before signing the form: 1. Due to the large public demand for file access, we request that you call 'at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 P.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You. must specify files, you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no_charpe for 25 or less copies.: cost per CODV after the initial 25 is 2 5 per copy Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes etc are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 1. . e �q xf 40,0 o s g Ally 2. 3. 4. 5. Of A4,dv7 la" )(�M I /Z)///O� f Signature/ ame'of Firrlh or Business Date Time In. Time Out (Please attach business card to form if available) _ # Copes Amt. Pd: 7 1, '00 c Zf STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SE^TION SWP DATEi7lME I F/0_0 j / NAME Gam' /44 e-i L REPRESENTING v Tro �d � �% . Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 P.M. Viewing time ends at 4:45 P.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies., cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 2. 3. 4. " d- I -1,031 1.GI s 2.10 ignature/Na e'of Firm o Business Date Time In, Time Out (Please attac business ca to fora if available) # Copes: 2 3 Amt. Pd: C Re: The Neighborhoods of Holly Ridge Subject: Re: The Neighborhoods of Holly Ridge From: Linda Lewis <linda.lewis@ncmail.net> Date: Fri, 11 Jul 2008 11:31:02 -0400 To: jimmy fentress <jfentress@stroudengineer.com> CC: Scott Cook <scott@nccoastal.org> Jimmy: The recorded deed restrictions in the file are ones that you sent me in March, 2007, in response to our request. They are in Deed Book 2605 at Pages 459-491. They reference Phase I only, and they reference SW8 050213. Section XII (15) shows a BUA of 3,800 sq. ft. per lot. Again, the permit was issued for 2,800 sq. ft. per lot. If this error was corrected via an amendment to the deed restrictions, please submit a copy of the recorded amendment. If the lots in Phase I were part of a modification whereby they were permitted for an increased BUA to 3800, I need to know when you think that occurred and under what permit you think that occurred. Linda jimmy fentress wrote: Linda, In discussion with Scott Cook he insists that the covenants for phase 1 are for 2800sf and those for phase 2, all sections, are fo; 3800sf. Both of which are consistent with their respective permits. If I need to substantiate this please reply as such and I will provide whatever. Jimmy 7/11/2008 11:34 AM RE: Possibly spam: THE NEIGHBORHOODS OF HOLLY RIDGE Subject: RE: Possibly spam: THE NEIGHBORHOODS OF HOLLY RIDGE From: "jimmy fentress" <jfentress@stroudengineer.com> Date: Thu, 10 Jul 2008 11:21:34 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> HIS OFFICE IS DIRECTLY ACROSS THE PARKING LOT. DON'T KNOW ABOUT THE MICHELLE BUSINESS -----Original Message ----- From: Linda Lewis Vailto: linda. lewis@ncmail. net] Sent: Thursday, July 10, 2008 11:14 AM To: jimmy fentress Subject: Re: Possibly spam: THE NEIGHBORHOODS OF HOLLY RIDGE Thanks Jimmy. The NOV to Mr. Cook should be signed tomorrow and you'll get a copy of it. Does he have an office at 106A Cinema Drive? I thought he was located near you.'I looked up that address on the NHC Tax Records and the name on it is Scott Michelle Cook. Linda jimmy fentress wrote: I GOT YOUR MESSAGE YESTERDAY AND TRIED TO CALL YOU BACK. WHEN I GO YOUR VOICE MAIL I FIGURED I WOULD JUST EMAIL YOU. IT HAS TAKEN ME THIS LONG. SORRY. SCOTT COOK'S OFFICE NUMBER IS 910 343 9202. HIS EMAIL IS ATTACHED. HE REMAINS THE CONTACT FOR THE NEIGHBORHOODS OF HOLLY RIDGE. PLEASE KEEP ME INFORMED. JIMMY I of 1 7/10/2008 11:16 AM New Hanover County Page 1 of 1 PARID:R04914-005-027-007 COOK SCOTT MICHELE Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip 106 CINEMA DR 313818.40.3433.007 106 CINEMA DR WILMINGTON 7617B COM-Commercia! 730-Business 0 RB-REGIONAL BUSINESS UNIT A CINEMA DRIVE OFFICE PARK PH 3R WM COOK SCOTT MICHELE WILMINGTON NC 28403 The data is from 2008 http://etax.nhcgov.comIFormsIPrintDatalet.aspx?pin=RO4914-005-027-007&gsp=PROFILE... 7/9/2008 ........................................ _ ..__._....................... _.. n. f - •: ; g� http:j/www.zabasearch,com/queryl zaba,php?sname=SCOTT%20H%2000OK&stati9=NC&ref= .. s • File Edit View Favorites .Tools Help 1 Z SCOTT H COOK in ZabaSearch People Searc... �� • Premium Services: Search by Fhone Plumber Search W SS# Run a Bacl.cciraund CheclY SCOTT H COOK - 4 Fries Listings Check nw.ssapes for: COOK - SCOTT - SCOTT H COOS. Lc-w;e a message for SCOTT H COOK E-mag This Rape Pecei,,s emails - hen.SCOTT H COOK is searched Greate a Public Record SCOTT H COOK Bam D.1''g52 info c•'i •�i1; 3 � r",' a fee F.ex-a v•eats:: 3Z Z332 10121 SPORTING CLUB DR fistenite Fhytr & Ma (3� Irr Ne,x-s Miceo RALEIGH, NC 27617 White Pages COOK Business Listings ;: o.'r 0ls`E SCOTT H COOK Barn c:ec 1,352 N'C E inZO ?Vail3b Tar d f _ Re=,a v-eatea: 32• 233e. 12308 HARCOURT DR eetenite ar-c a r.is Czccaie ima es zilayi ac RALEIGH, NC 27613 C919) 847-6844 White Pages COOK Business Listings tC.gtT' c—i-e Pen,tiii c C'O_i 1 i'. Ci,10 SCOTT H C 0 OK Barn D. 3452 ',,gre ,:�fo a%-v;ia'"E ci- 11 Few?j :ate: aF ZOO-' 12309 HA;RCOU'RT DR satellite R cto & !.;Sa cicule i-raaes hj:a visa RALEIGH, NC 27613 (9191 -6461 White Pages COOK Business Listings SCOTT H COOK Bores o.1a52 'ore P Re=—ziCreate: 60 PELICAN DR Satellite Fratc & Nay CC-cyu I:-, ag Vices WRIGHTSVILLE BEACH, NC 28480 (910) 256-DS37 lw'k•'hite Pales COOK Business Listings Cc-r� i a RePctt. c- Si-." : F ccl-�K S H COO - 58 Free Listings d^'lvns.l.. enaaa+.n---- f-- Qirrrr w innur 1 f— Qr,,-lii t-t f rif-nk: Vl HCOME e BuILDERs= June 30, 2008 NC Department of Environment and Natural Resources Attention: Ms. Linda Lewis 127 Cardinal Drive, Ext. Wilmington, NC 28405 Dear Ms. Lewis: I am currently building homes in a subdivision in the town of Holly Ridge aptly named The Neighborhoods at Holly Ridge. One of my homeowners is asking that I go back on her lot and re -grade the yard allowing stormwater to runoff directly into the adjacent wetland. Currently, the yard is graded directing all of the water off the lot to the street and subsequently into a drainage pond which is then discharged into the wetland. I have explained to my homeowner that I can not drain her lot directly into the wetland in part because her rear yard collects water off of the roof and patio. The rear yard is very small therefore roughly 50% of the water collected in the rear yard is from those impervious surfaces. She has a letter from an engineering company stating that there is nothing in the storm water permit preventing us from doing this. Am I misinterpreting the permit? Obviously, I do not want to violate the permit (SW8050213) so would you please offer me some direction? I would be happy to meet a DENR agent at the site to clarify the situation. nincely, 4L� Jeff Hilton, VPV�' D JUL 4 1 2008 910-799-0192 108 N. Kerr Avenue, Suite K-3 Wilmington, North Carolina 28405 910-799-0192 Fax RE: Homeowner Question on Stormwater Permit Subject: RE: Homeowner Question on Stormwater Permit From: "Jeff Hilton"<;eff@southernhomebuildersinc.com> Date: Wed, 2 Jul 2008 08:52:14 -0400 To: "'Linda Lewis"' <linda.lewis@ncmail.net> Thanks Linda, hopefully it won't go any further. Jeff Hilton, VP Southern Homebuilders, Inc. 1.08-N. Kerr Ave. Suite K-3 Wilmington, NC 28405 -----original Message ----- From: Linda Lewis �nailto: linda. lewis@ncmail. net] Sent: Wednesday, July 02, 2008 8:34 AM To: Jeff Hilton Subject: Re: Homeowner Question on Stormwater Permit Send any inquiries or requests for clarification or meetings from the attorney to me. I'll be glad to explain it to them. There's no need for anyone from this office to meet on site- that won't change the permit conditions. The only advice I can give is to have the homeowner review their recorded deed restrictions and stand your ground. Linda Jeff Hilton wrote: Well, that's the way I read it too. Based on the letter from the engineer this homeowner has hired an attorney who is now pushing me hard to regrade the yard. Is there anyone that I can meet to take a quick look? Or, I nave I taken pictures that may suffice if you can look at those. Jeff Hilton, VP Southern Homebuilders, Inc. 108-N. Kerr Ave. Suite K-3 Wilmington, NC 28405 -----Original Message ----- From: Linda Lewis [nailto:linda.lewis@ncmail.net] Sent: Tuesday, July 01, 2008 3:07 PM To: Jeff Hilton Subject: Re: Homeowner Question on Stormwater Permit Jeff: The engineering company who made that call must be blind. Section II.16 (g) of the permit (the deed restriction language) requires that each lot drain to the permitted stormwater system, accomplished through grading, 1 of 3 7/9/2008 10:03 AM RE: Homeowner Question on Stormwater Permit gutters, swales etc.. Linda Jeff Hilton wrote: Linda, I am currently building homes in a subdivision in the town of Holly Ridge aptly named The Neighborhoods at Holly Ridge. One of my homeowners is asking that I go back on her lot and re -grade the yard allowing stormwater to runoff directly into the adjacent wetland. Currently, the yard is graded directing all of the water off the lot to the street and subsequently into a drainage ponc which is then discharged into the wetland. I have explained to my homeowner that I can not drain her lot directly into the wetland in part because her rear yard collects water off of the roof and patio. The rear yard is very small therefore roughly 500 of the water collected in the rear yard is from those impervious surfaces. She has a letter from an engineering company stating that there is nothing in the storm water permit preventing us from doing this. Am I misinterpreting the permit? Obviously, I do not want to violate the permit (SW8050213) so would you please offer mE 2 of 3 7/9/2008 10:03 AM RE: Homeowner Question on Stormwater Permit some direction? I would be happy to meet a DENR agent at the site to clarify the situation if necessary. Thank you, Jeff Hilton, VP Southern Homebuilders, Inc. 108-N. Kerr Ave. Suite K-3 Wilmington, NC 28405 of 3 7/9/2008 10:03 AM 1(�Kt1'tl(i(�X>Kai(�i(i(�i(�C:K:K:K:K:K�IK��IK:K:K�i<i<i(it�lK�K1(��c:K:Ktttl(i(it�7K:K:K:K:KXi<lKi(�lKMI(i<lK�C:K:KI:i(i(�t�i<i(�t<i<i<i<�K1(IK�C:K7KX�����l:itl(Xi(lK:K P. 01 :K TRANSACTION REPORT MAR-31-2008 MON 11:12 AM FOR: NCDENR 9103502004 SEND 1 x. DATE ,START RECE I VET j TX TIME PAGES TYPE NQTE a M# DP ` MAR :31 11::1 AM 9815059 1' 40" 9 FAX TX OK 104 i �c 1 TOTAL i oj:i,1M'• 40S PAGES: 9 �c State of North Carolina Department of EaWronmen# and Natural Reson". Vii Wilmington Regional Office Michael F. Easley, Governor WI MB m G. Ross, Jr., Secretary FAX COVER SHEET �� v Dom: No Pis (eitcl. cover): From:Csmler f co: 40 i' n se OF r.0' � Phone: (910) 796-7245 + .5" D.S'. 2 F (910) 350r004 Fax: =V a T ie. 01 y�e d. 127 Cardinal' Drive Emnsion, WiMngft, NC 28405 a (910) 796-7215 : An Equal Oppartk y Affonative Action 1~mpio* .., NEIGHBORHOODS OF HOLLY RIDGE March 27`h, 2006 Neighborhoods of Holly Ridge Phase I Dear Ms Lewis: In regards to your letter dated March 171h, 2006, the area you questioned was in the process of development. The swale and 6" pipe shown in your pictures was catching sediment from our site and temporarily taking it to the retention pond across the road. The six inch line was then used as conduit for irrigation lines going to the pond area which were also in the process of changing when the pictures were taken. No water from the project site was permitted to leave other than through retention ponds. After the street was installed, the ditches were filled and seeded. All water from the site empties through the storm drain system into ponds before leaving the project grounds. On March 24`h, 2006, JoAnne and I met to review this situation. What appeared to be scouring was in fact a ditch (swale) that had been dug and rained on. The swale was dug only to prevent erosion on the project. Nothing was ever diverted to the church property. I am enclosing all requested paper work except the Designer's Certification which will be submitted by Ted Burke with Cavanaugh Associates. If there are any questions or directives, I am available anytime @ 910-443-2762. I hope this helps resolve our problem and clear up any misunderstandings. I will be continuing to keep in touch with JoAnne Trent. Thank you, ike Ankru Site Mand er Scott Cook Construction Co. cc: Cindy Williams, Town of Holly Ridge Ted Burke, Cavanaugh Associates N-W Scott Cook, NHR,LCC 106 Cinema Drive Suite A Wilmington, NC 28403 *Phone. 910.343.9202 -Fax: 91.0.343.9209 Mr. Cook March 17, 2006 Stormwater Permit No. SW8 050213 STORMWATER COMPLIANCE INSPECTION REPORT 1. Project Name: Neighborhoods of Holly Ridge Phase I - Project No. SW8 050213 Water Body: County Line Branch Control Measure: Bio-Retention Basins Classification: SA Directions to site, address: From Highway 17 in Holly Ridge, travel 1.4 miles southeast on Highway 50 toward. Topsail Beach. Project entrance is on the right. 2. Inspection Date: March 3, 2006 Weather Conditions: Warm & sunny 3. Compliance Issues: Y N NI ❑ ❑ ® The drainage area.(including offsite) and built -'upon area to the permitted system are per the approved plan. ❑ ®❑ All the built -upon area associated with the project is graded such that the runoff drains to the system. ❑ ❑ ® The outlet/bypass structure relative .elevations are per the approved plan. (Must be verified via as -built survey). ❑ ❑ ® The inlets and outlet structure are located per the approved plans and do not cause short-circuiting. ❑ ❑ ® A trash rack is provided over the outlet weir and orifice. ❑ ®❑ All slopes are grassed with permanent vegetation and are not eroding. ❑ ❑ ® Vegetated slopes are no steeper than 3:1. ❑ ❑ ® The approximate amount of permitted surface area has been provided. (Must be verified via as -built survey or designer's certification.) ❑ ❑ ® Required drawdown devices are correctly sized per the approved plans. ❑ ❑ ® All required design depths are provided. ❑ ❑ N All required parts of the system are provided, such as a vegetated shelf, and a forebay. ❑ ®❑ The designer's certification has been submitted. ❑. ®❑ The required deed restrictions are correctly recorded and submitted. ❑ ❑ ® The built -upon area dimensions are per the approved plan. ❑ ❑ ® Required maintenance is being performed. Y=Yes, N=No, NI=Not Inspected Page 2of5 Mr. Cook March 17, 2006 Stormwater Permit No. SW8 050213 4. Required Actions: Each deficiency is explained below and what needs to be done to bring the system back into compliance. A complaint was received from the neighboring church, regarding a hole that has formed behind one of the catch basins in Azalea Drive. From the photos taken during the inspection, the force main line appears to be exposed as well as another unidentified utility line. It appears that either water that is intended to enter the catch basin may be jumping the curb line, and scouring behind the curb, or one of the exposed pipes may be leaking, both resulting in drainage from this project entering the adjacent church property. Some unknown person has graded a swale from the scour hole across the model home lot and onto church property. The swale is not stabilized with any grass cover. Please investigate the cause of this scouring and get it fixed. The runoff generated by all of the built - upon surfaces on this project must be directed into one of the permitted bio- retention basins, per the approved drainage plan. It is a violation of your permit if the runoff is jumping the curb and draining offsite. A copy of the recorded deed restrictions has not yet been received. Prior to selling any lots, you must record the deed restriction statements as listed in Section 11.16 of your permit. The required Designer's Certification has not been submitted. The approved stormwater management systems must be constructed and operational for their intended use prior to the construction of any built -upon surfaces. The photos show that roads have been constructed therefore, the bio-retention basins serving this Phase should have been installed. Inspector: Joanne Steenhuis Water Quality/Wilmington Regional Office/(910) 796-7215 ENB/arl: S:IWQSISTORMWATIINSPECT1050213.mar06 Page 3 of 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 17, 2006 Mr. Scott Cook, Member/Manager Neighborhoods of Holly Ridge, LLC 429 Long Leaf Drive Hampstead, NC 28443 NOTICE OF INSPECTION Neighborhoods of Holly Ridge Phase I Stormwater Project No. SW8 050213 Onslow County Dear Mr. Cook: Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted by Water Quality personnel in response to a complaint on March 3, 2006, to investigate the cause of a scour hole behind the curb. A Stormwater Management Permit, Number SW8 050213, was issued on March 3, 2005, for the construction of this project. The required actions that are necessary to bring this site into compliance are noted under Section 4 of the report. Please inform this Office in writing before April 17, 2006, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215. Sincerely, Linda Lewis Environmental Engineer II ENB/arl: S:IWQSISTORMWATIINSPECT1050213.mar06 cc: Ted Burke, Cavanaugh & Associates Danny Smith, Compliance & Enforcement Unit Cindy Williams,Town of Holly Ridge Building & Zoning Wilmington Regional Office File _.00Qnn�enC a r/Yatural�� North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.newatenguali!y.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper AN - , ri f•YY-} ✓ y'OL'?' 'ice - V',! ki Jiff �'f ,+ .a = }• � ,� � �'^g. -. � ' - .�' • � � ''tip 'ti .'� �.' - ' 1A.r,'.. ,.. - _ -_ ,. :s�:.,shy �•ti +� 4.. ki .:;� �' •+,�:�' � �-;;ilk `'� : �F�; d t. "�,• . S Y 1 • i ' 1 • 1 t Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 17, 2006 Mr. Scott Cook, Member/Manager Neighborhoods of Holly Ridge, LLC 429 Long Leaf Drive Hampstead, NC 28443 NOTICE OF INSPECTION Neighborhoods of Holly Ridge Phase I Stormwater Project No. SW8 05021.1 Onslow County Dear Mr. Cook: Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted by. Water Quality personnel in response to a complaint on March 3, 2006, to investigate the cause of a scour hole behind the curb. A Stormwater Management Permit, Number SW8 050213, was issued on March 3, 2005, for the construction of this project. The required actions that are necessary to bring this site into compliance are noted under Section 4 of the report. Please inform this Office in writing before April 17, 2006, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215. Sincerely, Linda Lewis Environmental Engineer II ENB/arl: S:IWQSISTORMWATIINSPECT1050213.mar06 cc: Ted Burke, Cavanaugh & Associates Danny Smith, Compliance & Enforcement Unit Cindy Williams,Town of Holly Ridge Building & Zoning Wilmington Regional Office File rI, �o�cthCarol!'na ,N/TtllPllt`!lf North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterquality.ora Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50°% Recycled/10°% Post Consumer Paper 1-YV Ss7) N 9 'f;Oo_° <,, Pkfw�% rig �. eP worur 8O;ID roxfl car" OWLP G►-r`4. el •A.m 'eNT froi at- S1 drua . V t W,o�rr f fA:5 is *Ae hAtA wAe-tc gwa1c was er y yr. 'Ar� .. VR Cyr b �N%ei w�t S:CT iaaq P� e, ��� y,,�j,� s T �2� Pam ce,eO w; T1► !�.¢ q S , _. MWPI-Amw r r y � f� . 1 r• - y• 1 L s �r r�J 16 .1� a-%°.�:'�.'g �►-_ti�ii ji- •��-+�;.��J_,�,{' ,.f-2�� � _ s-."�SaK �. ti-��' ��'�m Wi� 3.2�f�oG. /SAS>A-" R,F5 Cay S,Co `-y sp n< o0,- ��� �' � Are" ND 70 9 oN .17v,e t N 7 N % Te- ,ow p tv i if be 12-s paI / %--92, Mr. Cook March 17, 2006 Stormwater Permit No. SW8 050213 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to'the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14: The dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Cnslow County Building Inspections Page 5 of 5 Mr. Cook March 17, 2006 Stormwater Permit No. SW8 050213 The Neighborhoods of Holly Ridge Phase Onslow County Stormwater Project No. SW8 050213 Designer's Certification 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL cc: NCDENR DWQ Regional Office Onslow County Building Inspections Page 4 of 5 Bypass Piping in Neighborhoods at Holly Ridge Subject: Bypass Piping in Neighborhoods at Holly Ridge From: Linda Lewis <linda.lewis@ncmail.net> Date: Tue, 20 Sep 2005 13:06:19 -0400 To: Ted Burke <tburke@cavanaughsolutions.com> Ted: The Division has no objection to the piping of offsite runoff from the previously permitted high density Phase I project through the low density Phase II project to accommodate the proposed wastewater irrigation pond, as long as the irrigation pond cannot be relocated out of the existing drainage way. If the wastewater permit reviewer will allow the irrigation pond to stay in the existing drainage way, then the Division will not object to the bypass piping. However, prior to permitting, I will require that you look at the potential nuisance conditions this will create, and explore changing the layout of the low density project such that the irrigation pond can be accommodated outside of the existing drainage way. The other issue to consider that was not discussed at our meeting, but was pointed out to me by Central Office staff in their email response, is the phasing of this development. Under Section .1003 (b) of the rules, projects under a common plan of development are considered as one project. As such, the project must be either overall high density or overall low density, not a mixture of the two. I believe I may have mentioned this when Phase I of the project was submitted. Unless you can hold the built -upon area to 25% or less on an overall basis, Phase II will need to be designed as high density. Linda Linda 1 of 1 9/20/2005 1:06 PM Neighborhoods of Holly Ridge Phase II Subject: Neighborhoods of Holly Ridge Phase II From: "Edward Burke" <tburke@cavanaughsolutions.com> Date: Wed, 31 Aug 2005 11:00:32 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> CC: "Tim Johns" <tim johns@cavanaughsolutions.com>, <paul.bartlett@ncmail.net> Linda, I wanted to take a few minutes to pick up the dialog regarding stormwater management on a project I'm working on. I am right in the middle of design for Phase II of the Neighborhoods of Holly Ridge development in Holly Ridge. If you recall, the project is located within % mile of SA waters. Phase I was a 50 lot, high density development that incorporated several bioretention areas for stormwater management. Phase II on the other hand, is a 185 unit, low density development. We met with Paul Bartlett on May 25 to go over the site layout to make sure that we would be able to meet the low density requirements. We have proceeded with the design and have incorporated grass swales to collect, convey, and treat the runoff. We have only utilized hardware (pipes/boxes) for road crossings. Through the course of design, we have run into in issue that I feel warrants discussion with you folks. As always, I believe communication on the front side eliminates miles of work on the back side. We have encountered a potential conflict between our stormwater plan and our sanitary sewer plan. Without delving into it too deeply, we are hoping to utilize re -use quality water in the project. Specifically, we are contemplating the use of a re -use effluent pond to store water for irrigation, but want to avoid any issues with stormwater management. Linda, I was hoping that I could sit down with you and Paul for a few minutes to discuss the specifics of this issue and discuss the options that are available to reroute the stormwater around the pond. Do you have a time on your calendar that you might be able to fit me in? T hanks in advance for your help and your time. PS — I have copied this message to Tim Johns, the project engineer on this job. Thank you, Ted Edward'Ted' Burke, P.E. Cavanaugh & Associates 130 North Front Street, Suite 202 Wilmington, NC 28401 910.392.4462 ext. 231 910.392.4612 (fax) 1 of 1 9/l/2005 8:59 AM Re: Bypass Piping in Neighborhoods at Holly Ridge Subject: Re: Bypass Piping in Neighborhoods at Holly Ridge From: Linda Lewis <linda.lewis@ncmail.net> Date: Wed, 28 Sep 2005 10:09:07 -0400 To: Edward Burke <tburke@cavanaughsolutions.com> Ted: How about Tuesday, October 4 at loam, here in my office? PS- I tried to send an email to James Holland, regarding the Surf City NC 210 Force Main, but it came back undeliverable. Can you please forward your copy to him? Thanks, Linda Edward Burke wrote: Linda, I wanted to follow up on our correspondence last week regarding the stormwater permit for The Neighborhoods of Holly Ridge. Do you have time that we could sit down and go over the project history and see how we arrived at where we are at now? Thank you, Ted Edward 'Ted' Burke, P.E. Cavanaugh & Associates 130 North Front Street, Suite 202 Wilmington, NC 28401 910.392.4462 ext. 231 910.392.4612 (fax) -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Thursday, September 22, 2005 9:44 AM To: Edward Burke Cc: Paul Bartlett; Robert Gordon Subject: Re: Bypass Piping in Neighborhoods at Holly Ridge Ted: Who did you meet with? I don't have a record of a meeting regarding this project on May 25. We may need to clarify the requirements of the rules in regards to phased development with our newer staff. Thanks, Linda Edward Burke wrote: Linda, Thank you for turning this issue around so quickly. We are currently looking at options for relocating the pond so as to move it out of the existing drainage way. We will keep you posted on how this progresses. 1 of 3 9/28/2005 10:11 AM Re,: Bypass Piping in Neighborhoods at Holly Ridge With regard to the Low Density nature of the permit, we met with DWQ staff on May 25, 2005 to discuss the best stormwater strategy for Phase II. It was agreed that limiting the development to 25% impervious and going with low density would result in the least amount of stormwater runoff and thus was the best option. Given your email Linda, would it be possible to meet with you briefly to discuss our stormwater situation? Thank you, Ted Edward 'Ted' Burke, P.E. Cavanaugh & Associates 130 North Front Street, Suite 202 Wilmington, NC 28401 910.392.4462 ext. 231 910.392.4612 (fax) -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, September 20, 2005 1:06 PM To: Edward Burke Subject: Bypass Piping in Neighborhoods at Holly Ridge Ted: The Division has no objection to the piping of offsite runoff from the previously permitted high density Phase I project through the low density Phase II project to accommodate the proposed wastewater irrigation pond, as long as the irrigation pond cannot be relocated out of the existing drainage way. If the wastewater permit reviewer will allow the irrigation pond to stay I in the existing drainage way, then the Division will not object to the bypass I piping. However, prior to permitting, I will require that you look at the potential nuisance conditions this will create, and explore I I Ichanging the layout of the low density project such that the irrigation pond can be accommodated outside of the existing drainage way. The other issue to consider that was not discussed at our meeting, but was pointed out to me by Central Office staff in their email response, is the phasing of this development. Under Section .1003 (b) of the rules, projects under a common plan of development are considered.as one 2 of 3 9/28/2005 10:11 AM Rc Bypass Piping in Neighborhoods at Holly Ridge project. As such, the project must be either overall high density or overall low density, not.a mixture of the two. I believe I may have mentioned this when Phase I of the project was submitted. Unless you can hold the built -upon area to 25% or less on an overall basis, Phase II will need to be designed as high density. Linda Linda 3 of 3 9/28/2005 10:11 AM