SW8161204_Compliance Evaluation Inspection_20181219

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Lewis,Linda
From: Lewis,Linda
Sent: Thursday, January 10, 2019 10:22 AM
To: [e-mail]
Cc: '[e-mail]; Dan Fisk ([e-mail]); Christine Hall
([e-mail])
Subject: Ocean Isle Beach Market Place SW8 161204
Attachments: Letterhead 2018_DEMLR_Wilmington_BW_New 2018 11 09.pdf, 2019 01 CEI_BIMS
161204.pdf
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Please see the attached inspection report for SW8 161204.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
!ir,•;j� ia� .`IS Q'i::^-G�6�lr.(�n1f
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Nothing compa, es
1

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
January 10, 2019
=��ST, 4 °r...
NORTH CAROLINA
Environmental Quality
Halpern Enterprises, Inc. (via entail: bbroi4,n, ,'halpernent.conl)
ATTN: William Brown, Jr., President
5200 Roswell Road NE
Atlanta, GA 30342
Subject: Notice of Inspection — Not Compliant
Ocean Isle Beach Market Place
State Stormwater Management Permit No. SW8 161204
Brunswick County
Dear Mr. Brown:
On December 19, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project, located at the southeast intersection of NC 179 (Beach
Drive SW) and NC 904, Ocean Isle Beach, Brunswick County to determine the status of compliance with
the State Stormwater Management Permit Number SW8 161204 issued to you on January 17, 2017.
DEMLR file review and site inspection revealed that the site is currently not in compliance 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 listed below:
1. The BUA limits for the outparcels have not been recorded.
2. The slope of one of the forebays in the wet pond is eroding and needs to be repaired.
3. The back slope of Infiltration Basin #2 is failing and needs to be repaired.
4. Infiltration Basin #2 is holding water and is not drawing down within 5 days.
5. The recorded Easements, Covenants and Restrictions Agreement indicates that the property
owner is Halpern Ocean Isle,'LLC. If that is the case, the permit must be transferred to that entity.
The former DWE Timber LLC parcel (DWE) is now owned by OIB Development, LLC, and has been
submitted into the Fast Track program. As part of the permit transfer application for SW8 161204, the
permit will need to be restructured to clarify maintenance responsibility for the Storm Water Facilities.
The Operation and Maintenance of the Wet Detention Pond, Infiltration Basin 41 and Infiltration Basin #2
should be the responsibility of Halpern Ocean Isle LLC (after the permit transfer is approved) and its
successors for the life of Permit No. SW8 161204. However, the currently recorded Easements,
Covenants and Restrictions Agreement (the Agreement), defines the "Storm Water Facilities" as "the two
(2) detention ponds, those storm water lines, and the related facilities to be located at approximately the
locations on and under the Shopping Center Parcel and the Commercial Parcel depicted in the drawing
attached 'hereto as Exhibit K and made a part hereof." If Halpern will maintain all of the permitted
stormwater control measures, the Agreement will need to be corrected and amended as follows:
1. Section 2.2 of the Agreement should be corrected to define the Storm Water Facilities as the one
(1) wet detention pond, Infiltration Basin 41 and Infiltration Basin #2.
2. Section 2.2 of the Agreement should be further corrected to include the DWE Parcel (aka the OIB
Development Parcel) since Infiltration Basin #2 is not located on either the Shopping Center
Parcel or the Commercial -Parcel referenced on Exhibit K.
3. Section 3.5 of the Agreement says that the owner of the Shopping Center Parcel will maintain the
Stormwater Facilities. However, as indicated above, Section 2.2 of the Agreement says those
facilities are only located on the Shopping Center Parcel and the Commercial Parcel, which does
not appear to include Infiltration Basin #2 on the DWE Parcel. The corrected Agreement will
become an enforceable part of the permit.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
e:::�:_DE Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTt ".M:
0"W "WaM"0""" "0uia 910.796.7215

State Stormwater Permit No. SW8 161204
Page 2 of 2
Please submit a completed and signed Permit Transfer Application Form to the Division of Energy,
Mineral and Land Resources to document the transfer of this permit to Halpern Ocean Isle, LLC. This
form is available on our website at: hLtps://deq.nc.pov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. Please be reminded that any
one or more of the following events will require you to submit a Permit Transfer Application:
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not includc 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. Filing for Bankruptcy;
e. Dissolution of the partnership, corporate entity or LLC.
f. A name change of the owner / permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by February 10, 2019, are considered violations of the
permit. If the requested information is not submitted to this office by the due date, then DEMLR 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, including the assessment of
civil penalties of up to S25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at linda.lewisnnedenr.n,=ov.
Sincerely,
L6nAcu Lew%k
Linda Lewis, E.I.
Environmental Engineer III
Enclosure: Compliance Inspection Report
GDS\arl: G:\\\Stormwater\Permits & Projects\2016\161204 HD\2019 01 CEI_deficient 161204
cc: Dan Fisk, P.E., Paramount Engineering (via email: dtiskn>> a,� ranroarnte-en .com
D. Logan, OIB Development, LLC (via email: dlogun'n'lo anhoines.com)
WiRO Stormwater Permit File

Compliance Inspection Report
Permit: SW8161204 Effective:01/17/17 Expiration: 01/17/25
Project: Ocean Isle Beach Market Place
Owner: Halpern Enterprises Inc
County: Brunswick Adress: Beach Dr
Region: Wilmington
City/State/Zip: Ocean Isle Beach NC 28469
Contact Person: William D Brown Title: President Phone: [phone]
Directions to Project:
Travel NE along Beach Drive site on rifht approx. 500' from intersection of Beach Drive and Causeway Drive.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Kilbarl Slough) (03-07-59 ) (SA;HQW)
2 - (Kilbart Slough) (03-07-59 ) ( SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 12/19/2018 Entry Time: 01:OOPM Exit Time: 01:20PM
Primary Inspector: Connor Musial
Secondary Inspector(s):
Alida R Lewis
Phone:
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant N Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
page: 1

Permit: SW8161204 Owner -Project: Halpern Enterprises Inc
Inspection Date: 12119/2018 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
The project was inspected to determine the status of compliance with the permit. The following deficiencies were
observed:
1. The permittee has not included the outparcel BUA limits in the Easements, Covenants, and Restrictions Agreement
recorded on June 22, 2017 in DB 3923 at PG 0250 of the Brunswick County Register of Deeds. Prior to the sale of any
outparcel, the required deed restrictions must be recorded.
2. The slope of the forebay in the wet pond closest to the curve in the access road is eroding and needs to be repaired.
3. The back slope of Infiltration Basin #2 near the bridge is failing and needs to be maintained.
4. Infiltration Basin #2 is holding water and is not drawing down within 5 days.
5. The recorded agreement referenced above was made by Halpern Ocean Isle, LLC, which is a different corporate entity
from the permittee. The permit needs to be transferred to Halpern Ocean Isle, LLC since they are named as the owner of
the property in the recorded document.
page: 2

Permit: SW8161204 Owner -Project: Halpern Enterprises Inc
Inspection Date: 12/19/2018 Inspection Type Compliance Evaluation Reason for Visit: Complaint
File Review Yes No NA NE
Is the permit active? M❑ ❑ ❑
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? ❑ M ❑ ❑
Comment: 1. The recorded easements covenants and restrictions document provided on October 1 2018 does
not set forth any BUA limits for the outparcels as required by the permit
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?
Yes No NA NE
WKEIWI
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ M
Comment: 2. Based on Google images, the BUA for the main parcel appeared to be as shown on the approved
plans. Outparcels were not evaluated.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? i ❑ ❑ ❑
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? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ■ ❑ ❑
DWQ upon request?
Comment: 3. Further stabilization is needed on the slopes of the wet detention pond in the forebay area closest to
the curve in the access road between OP 4 and OP 5. Those slopes are eroding and rills are forming
4. There is slope damage and failure on the back side of infiltration basin #2 adjacent to the bridge over
the wetlands.
5. Infiltration basin #2 is holding water and is not drawing down within 5 days Please investigate and
provide the necessary maintenance to restore the basin's infiltrative capacity to design condition
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ ■❑❑
Comment: 6. The corporate name listed on the easements covenenants and restrictions document is Halpern
Ocean Isle. LLC. but the permit was issued to Halpern Enterprises. Inc. which is a different entity. The
permit must be transferred to the new owner.
page: 3