SW8931006_Compliance Evaluation Inspection_20140617

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 17, 2014
Arey W. Grady, III, Registered Agent
Mar-Stal, LLC
PO Drawer 889
New Bern, NC 28563
Subject: Notice of Inspection — Non Compliant
Stormwater Permit No. SW8 931006
Sand Ridge Subdivision
Carteret County
Dear Mr. Grady:
John E. Skvarla, III
Secretary
On June 9, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Sand Ridge Subdivision in Carteret County to determine the status of
compliance with the State Stormwater Management Permit. Number SW8 931006, which expired on
December 21, 2012. DEMLR file review and site inspection revealed that the site 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. Per February 7, 2014 permit renewal request, ownership issues must be resolved.
2. Wet detention pond is in disrepair. Pond must be repaired and maintained under the direction
of an engineer.
Please inform this Office in writing before July 17, 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 July 17, 2014 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the
listed deficiencies have not been addressed.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number
(910)-796-7314 or via email at brian.lambeOncdenr.gov or Linda Lewis [phone].
Sincerely,
6---*' Q2—
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Brian be
Environmental Specialist
Enc: Compliance Inspection Report
VDS1bpl: G:IWQ1Shared\StormwateAPermits & Projects11993\931006 HD12014 06 CEI_deficient 931006
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
James M. Stallings, III (150 Avon Drive, Hubert NC 28539)
Art Denning, P.L.S., representing Habitat for Humanity
Kris Durham, Executive Director, Crystal Coast Habitat for Humanity, Inc.
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - [phone] / Fax: (910) 3%2004

Compliance Inspection Report
Permit: SW8931006 Effective: 12/21/98 Expiration: 12/21/12 Owner: Mar Stal A NC Gen Ptnr
Project: Sand Ridge Subdivision
County: Carteret Lincoln Foxhall Bayberry Graystone Roads
Region: Wilmington
Newport NC 28570
Contact Person: James M Stallings Title: Phone: [phone]
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (NEWPORT RIVER) (03-05-03) (C)
On -Site Representative(s):
Related Permits:
SW8000533 Leonard Farrugla - Courtesy Village Aka Sand Ridge Apartmen
SW8980103 Britthaven Inc - Britthaven Of Newport
Inspection Date: 06/09/2014 Entry Time: 01:00 PM Exit Time: 02:00 PM
Primary Inspector: Brian P Lambe Phone:
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: [I Compliant ® Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
Page: 1

Permit: SW8931006 Owner - Project: Mar Stal A NC Gen Ptnr
Inspection Date: 06/09/2014
Inspection Summary:
Inspection Type: Compliance Evaluation Reason for Visit: Routine
The pond was found in disrepair. When the inspector stood on the barrel of the outlet, considerable movement occured.
The riser was not visible indicating that the riser has deteriorated and does not provide any support to the barrel[ nor any
functionality stormwaterwise. Heavy growth in and around the pond needs to be removed. The pond is most likely too
shallow to function with design capacity.
Ms. Lewis is dealing with ownership issues of this permit. Refer to permit SW8000533 for offsite permit.
Page: 2

Permit: SW8931006 Owner - Project: Mar Stal A NC Gen Ptnr
Inspection Date: 06/09/2014 Inspection Type: Compliance Evaluation
Reason for Visit:
Routine
File Review
Yes No
NA
NE
Is the permit active?
■ ❑
❑
❑
Signed copy of the Engineer's certification is in the file?
■ ❑
❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
110130
Copy of the recorded deed restrictions is in the file?
11000
Comment: O & M plan for Courtesy Village(SW8 000533) in the file. Refer to
ownership issues for pond. O & M dated 8/25/1995 in file.
Deed restriction document dated 10/20/1995 certifying the deed restrictions in file.
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?
1100
❑
Are the inlets located per the approved plans?
■ Cl
❑
❑
Are the outlet structures located per the approved plans?
■ ❑
❑
❑
Comment: Riser of the outlet was missing or deteriorated. Refer to below.
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?
Page: 3

Permit: SW8931006 Owner - Project: Mar Stal A NC Gen Ptnr
Inspection Date: 06/09/2014 Inspection Type: Compliance Evaluation
Reason for Visit: Routine
Comment: The outlet of the stormwater pond was in disrepair. The outlet pipe was
movable when stood upon. The plan shows there is a riser. Only trash rack was
visible. The riser has become disconnected with trash rack or rusted out. This
condition can cause dam failure if not repaired. The outlet cannot extend into the water
without the riser support. An engineer should be consulted regarding riser repairs.
Submit repair plan to this office.
The pond had vegetation over the entire surtace area. This condition suggests that the
pond is not as deep as designed. The pond is designed to be 6.5' from normal pool
elevation. Sediment and organic debris has likely filled the pond to less that 4'.
Remove vegetation from pond area. Consult with engineer regarding excavation of
pond.
Trees and bushes have overgrown the pond banks. This condition restricts
maintenance of the pond This growth should be removed and a good grass
groundcover be established.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ■ ❑ ❑
Comment: The ownership issues detailed in a 2/7/2014 Permit Renewal Request
Letter by Georgette Scott details ownership/permitee issues in great detail. Please refer
to that document.
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ ■
Comment:
Page: 4

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
J es B. Hunt, Jr., Governor
Bi Holman, Secretary
Division of Water Quality
October 21, 1999
Mr. James Stallings
MAR-STAL Partnership
PO Box 778
Havelock, NC 28532
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NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NAWURAL RESOURCES
Subject: COMPLIANCE INSPECTION
Sand Ridge Subdivision
Stormwater Project No. SW8 931006MOD
Carteret County
Dear Mr. Stallings:
Please find attached a copy ofthe completed form entitled "Stormwatcr Compliance Inspection Report".
The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on
October 18, 1999 to determine compliance with Stormwater Permit Number SW8 931006MOD issued on
December 21, 1998.
A summary of the findings and comments are noted under Section 6 of the report. Please inform this
Office in writing before November 21, 1999 of the specific actions that will be undertaken and the time frame
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 [phone].
Sincerely,
Scott Vinson
Environinental Engineer
RSS/sav: S:IWQSISTORMWATIINSPECT1931006.00T
cc: John Summerlin, P.E.
Bob Chambers, Town of Newport
Wilmington Regional Office
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

2.
3
4.
5.
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STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Sand Ridge Subdivision
Project Number:
Water Body:
SW8 931006MOD
Newport River
Directions to site, address:
Inspection Date: October 18, 1999
Weather Conditions: sunny
Control Measure:
Classification
a wet detention pond
VIC1,
Comparison of Approved plans vs. As -Built: Subdivision not yet fully built.
Compliance Issues:
a. The swale located beside lot 33 has no permanent vegetation and the side slopes are eroding into
the bottom of the swale and down into the pond.
b. The swale located behind lots 14 - 21 also has insufficient vegetation which is allowing the side
slopes to be eroded away.
PE Certification Received? NO Deed Restrictions Received? 9/19/94 for Sec. I only
Required Actions:
a. Repair the eroded slopes for all swales and provide permanent grassed vegetation. Keep the
grass mowed so that it does not exceed six inches in height so that possible future eroded areas
can easily be seen and repaired immediately.
b. Please provide the required PE certification as written out on page 7 of the permit dated
December 21, 1998. A copy of this page is included.
C. Please provide the recorded deed restrictions for the remaining subdivision as provided in Sec.
II, no. 13 of the permit located on page 5.
d. By copy of this letter to the Town of Newport, this Office is requesting that the Building
Inspector consider withholding building permits and Certificates of Occupancy for this project
until this matter is satisfactorily resolved.
Inspector: Scott Vinson
Water Quality/Wilmington Regional Office/[phone]
RSS/sav: S:\WQS\STORMWAT\INSPECT\931006.00T

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
December 3, 1998
CERTIFIED MAIL #Z 153 115 178
RETURN RECEIPT REQUESTED
Mr. James Stallings
MAR-STAL Partnership
345-6 Carolina Pines Boulevard
New Bern, NC 28563
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
Sand Ridge Subdivision Pond
Stormwater Permit No. SW8 931006
Carteret County
r
Dear Mr. Stallings:
On December 1, 1998, Wilmington Regional Office personnel performed a Compliance Inspection of the
project known as Sand Ridge Subdivision Pond, located off Bayberry Road, Newport, in Carteret County, North
Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8
931006, issued to you on October 20, 1995.
The project has been found in violation of Stormwater Permit Number 931006, issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are: .
1. Section I, Number 4- "No homeowner/lotowner/developer shall be allowed to fall in, alter or pipe any
vegetative practices (such as swales) shown on the approved plans as part of the stormwater management
system without submitting a revision to the permit and receiving approval from the Division.. "
The curb outlet swales located between lots 5 & 6, and 8 & 9 have been either completely or partially piped.
Treatment of runoff in the required swales is not occurring.
2. Section II, Number 3- "The permittee shall at all times provide the operation and maintenance necessary to
assure the permitted stormwater system functions at optimum efficiency including, but not limited to:... "
The pond is overgrown and appears to be silted in. Several areas of erosion on the slopes were evident.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Stallings
December 3, 1998
Stormwater Permit No. SW8 931006
3. Section ", Plumber 7-"�92e following items will require a modification to the permit: a. Any revision to the
approved plans, regardless of size". and "d. Redesign or addition to the approved amount of built -upon
area. "
The cul-de-sacs were originally approved with planted interior islands, but have been constructed without
them, resulting in an increased built -upon area.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violations and a
time frame for completion of those actions, on or before January 4, 1999.
2. The curb outlet swales must be restored to the permitted condition. If this is no longer desired, then the
runoff must be directed into an engineered system, either the existing pond, or a new pond. Revised plans
demonstrating how the runoff will get to the pond, revised calculations, application form, supplement, and
application fee of $385.00 will be required. .
3. Immediately provide the required maintenance to bring the pond into compliance, and establish a monthly
inspection program. Please check the pond depth, and verify that 6.5' exists below the permanent pool. Your
permit requires that you keep written records of the maintenance activities. Please submit copies of those
records to this Office.
4. Provide a revised application, supplement, calculations, and fee to account for the increased impervious area
due to the deletion of the planted islands. You may also elect to go back and construct the planted islands,
as permitted.
Failure to provide the "Plan of Action". by January 4, 1999, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215:6A.
By copy of this letter to the Carteret County Building imspector, this Office is requesting that the Building
Inspector consider withholding 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 Ms. Linda Lewis at (910) 395-
3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\arl S:\WQS\STORMWAT\NOTICE\931006.DEC
cc: Gary Barker, P.E.
Katrina Marshall, Carteret County Building Inspections
Bradley Bennett
Linda Lewis
Central Office

State of North Carolina
Depa.rtri-ient of Enviromnent, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. DIVISION OF WATER QUALITY Jonathan B. Howes
Governor WATER QUALITY SECTION Secretary
September 18, 1996
Mr. James Stallings
MAR STAL Partnership
345-6 Carolina Pines Boulevard
New Bern, North Carolina 28563
Subject: COMPLIANCE INSPECTION
Sand Ridge Subdivision
Stormwater Project No. SW8 931006
Carteret County
Dear Mr. Stallings:
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 on September 16, 1996 to determine compliance with Stormwater Permit Number SW8 931006
issued to you on October 20, 1995.
A summary of the findings and comments are noted under Section 6 of the report. Please inform
this Office in writing before October 18, 1996 of the specific actions that will be undertaken and the time
frame 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 [phone].
Sincerely,
F A
"-
Linda Lewis
Environmental Engineer
JBB/art: S:\WQS\STORMWAT\INSPECT\931006.SEP
cc: Gary Barker, P.E.
Central Files
Linda Lewis
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395,3900 0 Fax [phone]
An Equal Opportunity Affirmative Action Employer

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Sand Ridge Subdivision
Project Number: SW8 931006 Control Measure: Lots 1-20 (&30% Low
Density with Curb Outlet System, remaining lots and Apartment area (950508) served by the
detention pond.
Water Body: Newport River Classification: SB
Directions to site, address: Off Bayberry Road, Newport, NC
2. Inspection Date: September 16, 1996
Weather Conditions: Warm, partly cloudy
3. Comparison of Approved plans vs. As -Built: See comments below.
4. Maintenance Problems:
a. The pond slopes have almost no vegetation and are severely eroding.
5. PE Certification Received? NO Recorded Deed Restrictions Received? 9/19/94, Section I only
6. Comments:
a. Please provide permanent stabilization for the pond slopes in the form of seed and mulch
or sod. Mulching provides a protective cover for the seed so that is doesn't get washed
away by rain, and has a chance to germinate.
b. The Town of Newport has advised me that certain drainage changes were made such that
now Section I lots flow into the detention pond via the rear lot ditches. The detention pond
was not sized for these lots, and the application must be revised if runoff from those lots
is now being channeled to the pond.
C.
Provide the Engineer's Certification for the pond's construction, pending item #b above.
Provide recorded deed restrictions for the remaining subdivision.
Inspector: Linda Lewis 4pt--
Water Quality/Wilmington Regional Office/[phone]
JBB/arl: SAWQS\STORMWAT\INSPECT\931006.SEP

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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DMSION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary WATER QUALITY SECTION Regional Manager
March 17, 1995
Mr. James M. Stallings, Jr.
MAR-STAL Partnership
345-6 Carolina Pines Boulevard
New Bern, North Carolina 28563
Subject: CERTIFICATION'OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. 931006
Sand Ridge Subdivision
Carteret County
Dear Mr. Stallings:
This Certification is pursuant to the revised application for Sand Ridge Subdivision received on
October 24, 1994, with final information received on March 3, 1995. Staff review of the project plans
and specifications has determined that the stormwater control system as proposed for Sand Ridge
Subdivision will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(i). The
runoff from 335,847 square feet of impervious area will be treated in a detention pond sized to achieve
90% reduction in Total Suspended Solids. Lots 1-20 are restricted to 1,950 square feet of built -upon area,
and lots 21-83 are restricted to 2,300 square feet of built -upon area per lot. The revisions consist of a
name change and a detention pond in addition to the grassed swales used in Phase I.
Any modification of the plans submitted to and approved by this Office or further development
of this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built -upon surfaces,
addition of built -upon surfaces, redesign or further subdivision of the project area.
This Certification shall be effective from the date of issuance until rescinded. The project shall
be constructed and maintained in accordance with the plans and specifications approved by the
Wilmington Regional Office. This Certification does not supersede any other permit or approval. The
developer is responsible for obtaining any and all permits and approvals necessary for the development
of this project. This could include the Division of Coastal Management under CAMA requirements, the
Division of Environmental Management under Wetland 401 Water Quality Certification and/or a Dredge
and Fill Permit and/or a Sewer Extension/Collection Permit, U.S. Army Corps of Engineers 404 Wetland
Permit, NPDES Stormwater Permit if disturbing five acres or more, local County or Town Agency
permits under their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Stallings
March 17, 1995
Stormwater Project No. 931006
-------------------------------------------
A professional engineer must certify that the stormwater system has been installed in accordance
with the approved plans and specifications upon completion of construction. The attached certification
should be received by this Office within 30 days of completion of construction.
The detention pond must be constructed in it's entirety, operational for it's intended use, and
permanently vegetated prior to the construction of any impervious surfaces proposed as a part of the
project, except roads.
3900.
If you have any questions concerning this matter, please call Ms. Linda Lewis or me at (910) 395-
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CERTIFIC\931006.MAR
cc: Gary Barker, P.E.
Garry Yeomans, Carteret County Inspections
Bradley Bennett
Linda Lewis
Wilmington Regional Office
Central Files

DIVISION OF ENVIRONMENTAL MANAGEMENT
PROJECT DATA
Project :game:
Project Number:
Location:
Applicant:
Mailing Address:
Submittal Date:
Water Body Receiving Stormwater Runoff.
Classification of Water Body:
If Class SA, chloride sampling results:
Pond Depth:
Permanent Pool Elevation:
Total Impervious Surfaces Allowed:
Offsite Area entering Pond:
Green Area entering Pond:
Required Surface Area:
Provided Surface Area:
Required Storage Volume:
Provided Storage Volume:
Temporary Storage Elevation:
Controlling Orifice Type/Diameter:
Sand Ridge Subdivision
Carteret County
Mr. James M. Stallings, Jr.
MAR-STAL Partnership
345-6 Carolina Pines Boulevard
New Bern, North Carolina 28563
October 24, 1994
Newport River
„c„
N/A
6.5 feet
25 MSL
335,847 square feet
N/A
666,763 square feet
15,127 square feet
15,868 square feet
38,539 cubic feet
53,642 cubic feet
27 MSL
2.75" pipe

WET DETENTION POND EVALUATION
1. Yes No The design storage is for the runoff from all impervious surfaces resulting from
1-inch of rainfall and is located above the permanent pool.
2. Yes No The permanent pool is designed for 90 % total suspended solid (TSS) removal.
Therefore, no vegetative filter is required.
3. Yes No The runoff completely draws down to the permanent pool in 5 days, but not less
than 2 days.
4. Yes No The mean depth of the permanent pool is a minimum of 3 feet.
5. Yes No The inlet structure is designed to minimize turbulence and short circuiting.
6. Yes No An appropriate operation and maintenance plan has been provided for the
system.
7. Yes No THIS PROJECT MEETS THE STORMWATER CONTROL REQUIREMENTS
OF 15A NCAC 2H.1003 (g), (i), (k), and (1) (For Yes, 1 through 7 must all
be highlighted Yes.)
Brief Explanation: This detention pond is designed to remove 90 % total suspended solids without the
aide of a vegetative filter.
DIVISION OF ENVIRONMENTAL NMAGEMENT SIGN -OFF
Wilmington Regional Office
17 MA2 qs (-& zu&�7�
Date Individual Evaluating Form/Plans
Date nal Water Quality Supervisor
cc: Applicant/Bradley Bennett/arl/WiRO/CF

Sand Ridge Subdivision
Carteret County
Stormwater Project No. 931006
Engineer's Certification
I, , as a duly registered Professional Engineer 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.
Signature
Registration Number
Date

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does not permit.
• Write "Return Repeipt Requested" on the mailpiece below the article number.
• The Return Receipt will show to whom the article was delivered and the date
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State of North Carolina
Department of Environment, Health, and Natural
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary WATER QUALITY SECTION
July 12, 1994
CERTIFIED MAIL P 884 655 597
RETURN RECEIPT REQUESTED
Mr. James M. Stallings, Jr.
MAR-STAL Partnership
345-6 Carolina Pines Boulevard
New Bern, North Carolina 28563
Resources
Bob Jamieson
Regional Manager
Subject: NOTICE OF VIOLATION
Stormwater Project No. 931006
Ncwport Sands Subdivision
Carteret County
Dear Mr. Stallings:
On November 15, 1993, a Certification of Compliance with Stormwater Regulations, Number
931006, was issued to you for Newport Sands Subdivision, located in City of Newport, off Bayberry
Street. As stated in part within the Certification of Compliance:
"Deed restrictions, including the allowable built -upon area per lot, must be recorded
with the Office of the Register of Deeds. A copy of the recorded deed restrictions,
including deed book number and page, must be forwarded to this Office within 30
days of the date of the recording."
"An Engineer/Designer/Owner Certification must be received at the time the
recorded deed restrictions are submitted."
"Any modification of the plans submitted to and approved by this Office or further
development of this site ... will require an additional Stormwater
Submittal Modification and approval prior to the initiation of construction."
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 O Telephone [phone] • Fax [phone]Oi4
An Equal Oppoi unity AfErmative Action Employer

Mr. Stallings
July 12, 1994
Stormwater Project No. 931006
On April 13, 1994, Regional Office Staff conducted a compliance inspection of the project's
stormwater facilities and found construction of the roads completed. The report was mailed to you on
April 13, 1994. No response to the report was received. Please find attached a copy of that completed
form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of the
inspection. Our records indicate that neither the required Certification nor recorded deed restrictions has
not been received. Additionally, the following conditions were observed during the inspection and are
in violation of the Certification:
1. Two additional swales have been added at the first road intersection which are not shown
on the approved plan.
Operation of the stormwater system prior to submission of the required certification and the above
conditions are violations of 15A NCAC 2H.1003 and are subject to enforcement action pursuant to NCGS
143-215.6A including the assessment of civil and criminal penalties.
Failure to provide the required Engineer's Certification and a "plan of action" which designates
the date by which the above items will be permanently resolved, prior to August 12, 1994, will result
in the initiation of appropriate enforcement action by this Office. That action may include
recommendations for the assessment of penalties and/or revocation of the Certification.
By copy of this letter to the Carteret County Building inspector, I am requesting that they consider
withholding building permits and Certificates of Occupancy for this subdivision until this matter has been
resolved.
If you have any questions concerning this matter, please call Ms. Linda Lewis or Mr. Dave
Adkins at [phone].
Sincerely,
Rick Shiver
Regional Supervisor
RSS/art: S:\WQS\STORMWAnNOTICB\931006.JUL
cc: Mr. Gary Barker, P.B.
Carteret County Building Inspector
Bradley Bennett
(2) Linda Lewis
Central Files

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
April 13, 1994
Mr. James M. Stallings, Jr.
MAR-STAL Partnership
345-6 Carolina Pines Boulevard
New Bern, North Carolina 28563
Subject: COMPLIANCE INSPECTION
Newport Sands Subdivision
Stormwater Project No. 931006
Carteret County
Dear Mr. Stallings:
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 on April 13, 1994 to determine compliance with Stormwater Certification Number 931006
issued on November 15, 1993.
A summary of the findings and comments are noted under Section 6 of the report. Appropriate
action, if required, should be completed by May 13, 1994. Please inform this Office by letter when
required action is completed. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
DA/arl: S:\WQS\STORMWATUNSPECn931006.APR
cc: Central Files
Mr. Gary Barker, P. E
Bradley Bennett
(2) Linda Lewis
127 Cardinal Drive Extension, Wdmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Newport Sands Subdivision
Project Number: 931006 Control Measure: 30 % Low Density with
Curb and Gutter Swales
Water Body: Newport River Classification: SB
Directions to site, address: City of Newport, West Railroad Street, left on Bayberry
Street, right into subdivision.
2. Inspection Date: April 13, 1994
Weather Conditions: Warm, humid, cloudy
3. Comparison of Approved plans vs. As -Built: See comments below
4. Maintenance Problems:
5. PE Certification Received? NO Deed Restrictions Received? NO
6. Comments:
1. Please complete and return the attached Certification which indicates that the project has
been constructed as designed.
2. Two additional swales have been added at the first intersection which were not shown on
the approved plan. Please provide three copies of revised plans showing the new swales,
and sealed velocity calculations.
3. Please provide a copy of the recorded deed restrictions including the built -upon area
limitation of 1,950 square feet, and the statement concerning the filling and piping of the
swales.
Inspector: Linda Lewis
Water Quality/Wilmington Regional Office/[phone]
DA/arl: S:\WQS\STORMWAT\INSPECn931006.APR

awe
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
April 13, 1994
Mr. James M. Stallings, Jr.
MAR-STAL Partnership
345-6 Carolina Pines Boulevard
New Bern, North Carolina 28563
Subject: COMPLIANCE INSPECTION
Newport Sands Subdivision
Stormwater Project No. 931006
Carteret County
Dear Mr. Stallings:
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 on April 13, 1994 to determine compliance with Stormwater Certification Number 931006
issued on November 15, 1993.
A summary of the findings and comments are noted under Section 6 of the report. Appropriate
action, if required, should be completed by May 13, 1994. Please inform this Office by letter when
required action is completed. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
DA/arl: S:\WQS\STORMWAT\INSPECT\931006.APR
cc: Central Files
Mr. Gary Barker, P.E
Bradley Bennett
(2) Linda Lewis
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] Fax [phone]oo4
An Equal Opportunity Affirmative Action Employer

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Newport Sands Subdivision
Project Number: 931006 Control Measure: 30% Low Density with
Curb and Gutter Swales
Water Body: Newport River Classification: SB
Directions to site, address: City of Newport, West Railroad Street, left on Bayberry
Street, right into subdivision.
2. Inspection Date: April 13, 1994
Weather Conditions: Warm, humid, cloudy
3. Comparison of Approved plans vs. As -Built: See comments below
4. Maintenance Problems:
5. PE Certification Received? NO Deed Restrictions Received? NO
6. Comments:
1. Please complete and return the attached Certification which indicates that the project has
been constructed as designed.
2. Two additional swales have been added at the first intersection which were not shown on
the approved plan. Please provide three copies of revised plans showing the new swales,
and sealed velocity calculations.
3. Please provide a copy of the recorded deed restrictions including the built -upon area
limitation of 1,950 square feet, arld the statement concerning the filling and piping of the
swales.
Inspector: Linda Lewis 0&-
Water Quality/Wilmington Regional Office/[phone]
DA/arl: S:\WQSISTORMWAT\INSPECn931006.APR