HomeMy WebLinkAboutSW8020608_COMPLIANCE_20180213STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. SW ��
DOC TYPE El CURRENT PERMIT
❑ APPROVED PLANS
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COMPLIANCE EVALUATION INSPECTION
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1. Article Addressed to:
+k_
The Forest at Belvedere. LLC
4ttn: New Pointe`Bfvd., Suite 6
Deland, NC 28451s4127
���� I II IIII l!I I� �I IIIII III I III I I IlII I I I
9590 9402 3412 7227 7975 08
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FEB 2 0 2018
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9590 9402 3 7227 7975 08
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• Sender: Please pant your name, address, and ZIP+40 in this box•
NC DEQIDEMLR
Stormwater Section
127 Cardinal Drive Extension
Wilmington, NC 28405
F�i�{l�i���l� SEF�•j• ,••iii klll�l�i�l'ii�til� SE'��� �i i��
1111 #i�111ik1��#��1t���l��t��+��� ►�1I ������
ROY COOPER
Governor
fltr�p,�
Energy, Alines! &
Land Resources
FrJVIRONMEWAL OUALITY
]±ebruary 13. 2018
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
interim Director
CERTIF1ED i'1'IAIL 4708 1I1 S0 11002 2652 2437
RETURN Rk CIi 119' REOMTI D
The Forest at Belvedere, U,C
Atln: Scott.11. Cook Manager
1 105 :New Pointe Boulevard, Suite 6
Leland. NC 294J1-4127
S11hjec.t: COti,mvurNc, \C),rIu.OF VIOLATION
NOV-2008-PC-0800
titorrnwater Alanageinent Permit No. SW8 020608
The Forest at Bellvedere Phase 6
fender County
Dear.\lr. Cook
Effective August 1, 2013; the State Storrnwater program ,,vas transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Nlineral and Land Resources (DIINILR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until thev are
modified. Please mote that this letter references DE\rILR as the Division responsible for issuance of the
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 wader 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 stonriNvater 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 four (4) years extension. Accordingly; the effective
period of this permit was extended to February 5, 2017, and leas since expired.
This letter is to notify you that you are in continuing violation of Title 15A North Carolina Administrative
Code (NICAC) 02H.I000 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failing
to fully address the previous .:Notices of Violation dated November 19, 2008 and September 8, 2009, and
for failing to apply for and secure a renewal of St.ormwat.er Nlanagernent Permit SW8 020608, which
expired on February 5, 2017.
On July 21, 2005, November 19, 2008 and August 24, 2009, inspection staff -of the Wilmington Regional
Office performed all inspection of the subject project to determine the status of compliance with
Stor-nnvater Management Permit S1V8 020608, which was issued to you oil February 5, 2003, for the
construct.iorl, operation and maintenance of eight (8) infiltration basins to treat piped runoff front this high
density single f1n3ily subdivision. The project is located at Azalea Drive in Belvedere Plantation, off US
17 just north of IJarnpstead in Pertder County.
Response letters from Duke Nlenius, P.l ., Stroud 6�ngineering, IO2-D Cinema Drive, Witinington, dated
December 17, 2008 and October 30, 2009, indicate that these deficiencies were to be addressed by a
Permit modification, to be submitted by December 30, 2009. The Division accepted a permit
" niodifIcation on December 1, 2009, and requested additional information on 1)eceinber 16, 2009. The
modification was returned as incomplete on April 15, 2010 clue to a lack of response and the previous
violations were reinstated. The below -listed new and continuing violations have not been addressed to
date.
$Iatr of hortlrCaroRna I Envircomenlal QUolity I Energy, K9incral and Land Resources
VVilnsirrgton Regional 01ko 1 127 Cat&nal Dr'nr Exien%i,±n I Wilmington, NC 2,'A05
910 7q6 215
1. Failure to Renew Slate Stormw=ater Permit
`1'iihc I5A _CAC 02.1-1 .1045 requires that applications for permit renewals to be submiticd 180 days prior
to the eXpiratiort of the permit An application for a permit renewal was required to be submitted to
DEM LR. by February 5, 2016. As of the date of this letter, the Division has not received an application to
renew Storinwater Permit SW8 020608 and the subdivision does riot. currently hold a valid permit.
11. Failure to Apply For and Secure a Stormwater Mana+,ement Permit
Title 15A NCAC 214 .1003, in accordance with G.S. 143-214. /; requires a State Siortnwater N-lanagement
Permit. for development activities within the 20 coastal counties that require a Coastal Area Management
Act (CANIA) Major Permit or an approved Erosion and Sedimentation Control Plan. Tile DEMLR file
review confirms that a valid, active State Storrnwater -Management Permit was not obtained for The
rcrest at Belvedere Phase. 6 prior to the expiration date of St.orrnw,iter Permit S\VS 020608.
]1.. Other Violations
I . Schedule of Compliance Condition 11.9
a. The permlace did not notify the Division prior to dissolving the LLC;
b. The permittee did not apply to the Division for approval to transfer ownership of the
permit to a new developer or to the 1-10A.
2. Schedule of Compliance Condition 11.14
a. The perntit:tee slid not respond to the Divisions written request for information within the
Stipulated time frame. The modified permit application was returned as incomplete,
therefore, none of the proposed modifications to address the violations have been
approved.
Schedule of Compliance Condition 11.6
a. The facilit.ics have not been constructed as shown on the approved plan. Basin 4A has not
been constructed.
b. A portion of the rtanoff from the project bypasses [lie collection system and is not being
collected and directed into the approved stormwater control system.
c. An area of multi-famil,,, buildings has been converted to single family lots.
4. General Condition I11.9
a. The permitt.ee ciid not notifj' the Division within 30 days of changing his trailing address.
You are required to respond to this letter in writing xvithin 30 calendar clays of receipt. of this Notice, as
evidenced by the date the certified mail green card is signed. Your response should be sentto this Office
at the letterhead address and must address the following items:
Provide a written "]"lan of Action" which outlines the actions you will take to correct the
violations noted above and on the previous inspection reports and which includes a time
frame for completion of those actions.
Submit a renewal application and a new signed O&M agreement along with the processing
fee, currently set at 5505.
Submit a permit modification to address the piping of swales, tying the bypassed ninof f into
the collection system, and the conversion of the multi -family area to single family lots.
Once the permit is renewed and modified, perform the necessary maintenance to the system
and implement the approved inodification, including the construction of Basin 4A.
Once everything has been completed; submit a permit transfer application to transfer the
permit to the 1-IOA.
The Renewal Application, the O&1.1 agreement, the standard Permit Application SWU-101, and the
Permit Transfer Application can all be found on our wehsit.e at litt)sl_.//dctl.nc.�rov/aboutldivisions!encr+,.r-
m i neral-(and-resou rceslener�tiv-m inera]-land-perm its/5tornt�� ater-perm itslforrtts
state oi'�'oz'ilr Carc,lic�a I i_ir+'i�+,nmri�tal Qualit}i Errcryy. Atirtcral and t.anG Rcsrnirccs
W111iingiun Rcyianal ofPicr { 1217 CardinatDime Exicrisinr; I Wllnimyion, NC M44
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Thank you i'or your irtlnicdiate attention to tliis matter. Pease be advised, these violations and any
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 1,13-21 5.6A.
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 in the �' Iilmington Regional
Office at 910-796-7215.
Sincerely.
j c '
.�":`, William E. ( oby) Vinson, Jr PE, CF13SC; CF'�1 ]nierirrt llirector
]Division of Energy, IMineral and La.rtd Resources
Enclosures: Compliance Inspection Reports
GDS/art: G:I11Siorn1waterll1ermi1s S, Projects120021020608 14D12018 02 NOV 020608
cc: Luke Nlenius, P.E., Stroud Engineering
Pender County Planning Departimm
Annette Lucas, PE; DEMLR
Georgette Scott, Wilmington Regional Office Storrnwater Supervisor
Wilmington Regional Office Stormwater Pile
The Forest/Phase 6 Owners Association
(Elizabeth Justice, Registered Agent. PO Box 1067 Hampstead, NC 28443-I067)
Postage $
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St.rrcnl'�'onlrCarrilina GtrirornttensnEQu�+lirj' ! Encryy.AtincrAl;;inc7LanclRcsotn'r.rs
'Nilmingtan I:cyiotti [ Officc ! 127 `ardInal Drive Exirrrsior. ! Wi!mingt;m. NC '_1$805
410796 7215
Compliance inspection Report
Permit: SW8020608 Effective: 02/05/03 Expiration: 02/05/13 Owner: The Forest at Belvedere
Project: The Forest at Belvedere Phase 6
County: Pender Azalea Dr
Region: Wilmington
Hampstead NC 28443
Contact Person: Scott Cook Title: Partner Phone: 910-256-OB37
Directions to Project:
US 17 to Country Club Road (SR 1565) , East on Country Club to Azalea Drive, North on Azalea, to Roads End.
Type of Project: State Stormwater - High Density State Stormwater - Infiltration System
Drain Areas: 1 - (Intracoastai Waterway) (03-06-24 ) ( SA;HQW)
2 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
3 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
4A - (Intracoastal Waterway) (03-06-24 ) { SA;HQW)
43 - (Intracoastal Waterway) (03-06-24 ) { SA;HQW)
5 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
6 - (Intracoastal Waterway) (03-06-24 ) ( SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 1111712008 Entry Time: 09:30 AM Exit Time: 11:30 AM
Primary Inspector: Malcolm L Boney Phone: 910-796-7215
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Stormwater
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
Eg State Stormwater
(See attachment summary)
Page: 1
Permit: SVV8020608 Owner - Project: The Forest at Belvedere
r N
Inspection Date: 11/17/2008 Inspection Type: Storrnwater Reason for Visit: Routine
Inspection Summary:
1. Provide a modification to address the subdivision of the town home section to single family lots.
2. Remove the pipes out of the swales.7he intention of these swales were for pretreatment to the infiltration basins.
3. Build the system for infiltration basins 4a $ 4b as per the approved plan.
Page: 2
Permit: SW8020608
Inspection Date: 11/17/2008
Owner - Project: The Forest at Belvedere
Inspection Type: 5tormwater
File Review
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?
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?
Comment: 1. A section of the project area that was approved for town hom es has
been subdivided and single fam ily residences have been constructed.
Reason for Visit: Routine
Are the SW measures constructed as per the approved plans?
Are the insets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: 1, The following 5:1 swales have been piped; swales 1, 2, 3, 6, 7, and 8
2. The inlet for Infiltration basin 4a could not be located.
3. It appeared that stormwater that should be directed to Infiltration Basin 4a & 4b is
discharging into a ditch that parallels the collection system for Infiltration 4a & 4b.
Yes No NA NE
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 ❑ ❑ ❑ Im
upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? n n n
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? n ❑ ❑
Comment:
Page: 3
W-M, OCT 10 2009
16
STROUD ENGINEERING P.A. 4'1
CONSULTING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
(910) 815.0775
October 30, 2009
NCDENR
Attn.: Georgette Scott
.s�+4'
127 Cardinal Drive Ext. Q�
Wilmington, NC 28405 00 9 0 14
Re: The Forest at Belvedere Phase 6 $Y:
Stormwater Permit No. SW8 020608
Pcnder County
Dear Ms. Scott,
am writing on behalf of the permit holder, The forest n Belvedere- I_I-,C. in response to the
Notice of Violation (NOV) dated September 8, 2009. 1 would like to address each of the def icinncics
noted In the NOV. 1 hls Is understood to be the "Plan of -Action" required by the NOV.
The permit holder's contractor went to the site in efforts ofinstalling piping as necessary to
collect the development drainage and convey it to the infiltration basin 4a and 4b. This work was
strongly objected to by the adjacent property owner. The contractor was warned not to conduct the
work as it was within the maintenance limits of this adjoining property. In as much as the permit
holder no longer owns any property within the development, he was reluctant to initiate the work.
propose to write a letter to the property owner to include the NOV as substantiation to the necessity
of the proposed work. The contractor will then attempt again to complete this work within the road
right of way.
I am including a copy of the plan modified to show piping of the noted swales. as well as the
single family lots that were substituted for the multi -family buildings. The swales were not piped by
the permit holder. 'Chese were piped by either the builder or home owner in violation of the
covenants that the permit holder had recorded. Despite this, they do not constitute alteration of the
primary BMP understood to be the infiltration basins.
The single family lots were substituted for several Il1ulti-family buildings and constitute a
reduction in overall imperviousness. "[,his is substantiated by the attached Declaration and referenced
record map. The built upon area (BUA) permitted for the multi -family units is given to be 48,076
square feet. The six nc4v lots were annexed into the original covenants and thereby restricted to
3,500 square IM per lot. ']'his renders a reduction of- 27,076 square feet in overall development
BUA. This is Understood to not constitute a modification ofany of the permitted BMP's. Given the
premise that there has been no alteration of the primary BMP I suggest that only a minor permit
modification is necessarv.
107 COMMERCE ST.
SUITE B
GREENVILLE, NC 27858
(252) 756-9352
102-D CINEMA DRIVE
WILMINGTON, NC 28403
(910) 815-0775
HESTRON PLAZA TWO
151-A HWY, 24
MOREHEAD CITY, NC 28557
(252) 247-7479
When the contractor is able to complete the installation of the aforementioned piping to
convey development runoff' to the infiltration basins 4a and 4b .I will provide the Engineer's
Certification for the system as built. We anticipate that these efforts can be complete within two
months ofthis writing. I hope that this addresses your concerns. Please feel free to contact me with
any questions or issues that you may have.
-iank vou_
T.Iamcl-l.entress, Jr.,P . PL,S
I 1-1 R.) f
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NC PENP - Division or Water Quality
Su6ce Water Protection Section
127 Car4inal Drive Extension
Wilminyton, NC 28405
v ( BRO I
III ,,, sill „i,l„I„III,,,,! ,,, � E)Aue
L.,-., ga-ZO& O �?
e r e—
NCD ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen H. Sullins
Governor
Director
October 14, 2009
NOV-2008-PC-0800
CERTIFIED MAIL
# 7008 1140 0002 9562 0414
RETURN RECEIPT REQUESTED
Mr. Scott Cook, Partner
The Forest @ Belvedere
106-A Cinema Dr.
Wilmington, NC 28403
Subject: NOTICE OF VIOLATION WITH RECOMMENDATION
FOR ENFORCMENT
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Pender County
Dear Mr. Cook:
Dee Freeman
Secretary
On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of the
subject project, located at Azeala Dr, in Hampstead, Pender County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued
to you on February 5, 2003.
The project has been found to be in continual violation of Stormwater Permit Number SW8 020608,
issued pursuant to the requirements of 15A NCAC 2H.1000.' The violations found are:
1. Failure to direct allrunoffto the stormwater system. The inspection revealed that stormwater
runoff collected in roadside swales, which should be directed to the permitted system, is
bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration
Basin 4a and 4b.
Permit condition states that runoff from all built -upon area within the permitted drainage area of this
project must be directed into the appropriate permitted stormwater control system.
2. Failure to build according to the approved plan. The inspection revealed that the following 5:1
swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and
swale 8. it also appeared that the inlet for Infiltration Basin 4a was never installed along with
roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of
the project area allotted for town homes has been subdivided into single-family lots.
Permit condition requires that 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.
ti
,;To correct these violations you must
Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before September 25,
2009.
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-72151 FAX: 910-350.20041 Customer Service: 1-877-623.6748
Internet: www.ncwaterquality.org
NorthCaroiina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
N
2. Collect all stormwater that is bypassing into the ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b and direct the
stormwater to the approved Infiltration Basins.
3. Request a modification for all the 5 to 1 swales that have been piped prior
to approval.
4. Request a modification that addresses the subdivision of the project area
that was approved for the town homes. This modification should include
an updated site plan, updated lot number, amount of built -upon area
designated to the additional single family lots, and any changes that may
be required, because of the modification, to the Deed Restrictions.
5. Submit an Engineer's Certification once the as -built site condition has
been approved by this office.
Failure to provide the written "Plan of Action" by October 30, 2009, 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 penalties, pursuant to NCGS 143-
215.6A.
By copy of this letter to the Pender County Building Inspector, 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 David W. Cox at (910)
796-7215.
Sin rely,
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GDSldwc: S:1WQSISTORMWATINOTICE1020608.oct09
cc: James Fentress, P.E.
Shelton Sullivan
Pender County Building Inspections
David W. Cox
Central Office
WiRO
Page 2 of 4
t.
NCDENR
`
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen H. Sullins Dee Freeman
Governor
Director Secretary
October 14, 2009
NOV-2008-PC-0800
CERTIFIED MAIL
# 7008 1140 0002 9562 0414
RETURN RECEIPT REQUESTED
Mr. Scott Cook, Partner
The Forest @ Belvedere
106-A Cinema Dr.
Wilmington, NC 28403
Subject: NOTICE OF VIOLATION WITH RECOMMENDATION
FOR ENFORCMENT
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Pender County
Dear Mr. Cook:
On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of the
subject project, located at Azeala Dr. in Hampstead, Pender County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8 020608, issued
to you on February 5, 2003.
The project has been found to be in continual violation of Stormwater Permit Number SW8 020608,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to direct a!1_ runoff to the stormwater system. The inspection revealed that stormwater
runoff collected in roadside swales, which should be directed to the permitted system, is
bypassing and discharging in a ditch that runs parallel with the collection system for Infiltration
Basin 4a and 4b.
Permit condition states that runoff from all built -upon area within the permitted drainage area of this
project must be directed into the appropriate permitted stormwater control system.
2. Failure to build according to the approved plan.The inspection revealed that the following 5:1
swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3, swale 6, swale 7 and
swale 8. It also appeared that the inlet for Infiltration Basin 4a was never installed along with
roadside swales to bring the stormwater to this inlet. This inspection also revealed that part of
the project area allotted for town homes has been subdivided into single-family lots.
Permit condition requires that 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.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) and a time frame for completion of those actions, on or before September 25,
2009.
Wilmington Regional Off+ce'
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796.72151 FAX; 910.350-20041 Customer Service: 1-877.623-6748
Internet: www,ncwaterquality.org
Nne
orthCarohna
)Vaturally
An Equal opportunity 1 Affirmative Action Employer
September 8, 2009 r`
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
2. Collect all stormwater that is bypassing into the ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b and direct the
stormwater to the approved Infiltration Basins.
3. Request a modification for all the 5 to 1 swales that have been piped prior
to approval.
4. Request a modification that addresses the subdivision of the project area
that was approved for the town homes. This modification should include
an updated site plan, updated lot number, amount of built -upon area
designated to the additional single family lots, and any changes that may
be required, because of the modification, to the Deed Restrictions.
5. Submit an Engineer's Certification once the as -built site condition has
been approved by this office_
Failure to provide the written "Plan of Action" by October 30, 2009, 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 penalties, pursuant to -NCGS 143-
215.6A.
By copy of this letter to the Pender County Building Inspector, 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 David W. Cox at (910)
796-7215.
Sin rely,
711 O..Sc f
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GDSldwc: S:1WQSISTORMWATINOTICE1020608.oct09
cc: ,fames Fentress, P.E.
Shelton Sullivan .
Pender County Building Inspections
David W. Cox
Central Office
W iRO
Page 2 of 4
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
The Forest @ Belvedere Phase 6 Page 1 of 2
Pender County
Stormwater Proiect No. SW8 020608
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically 1 weekly 1
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
Page 3 of 4
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Certification Requirements -
f
Page 2 of 2
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
Pender County Building Inspections
Page 4 of 4
��
Am=
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 8, 2009
NOV-2008-PC-0800
CERTIFIED MAIL # 7008 1140 0002 9562 0377
RETURN RECEIPT REQUESTED
Mr. Scott Cook, Partner
The Forest @ Belvedere
60 Pelican Dr.
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION WITH RECOMMENDATION
FOR ENFORCMENT
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Pender County
Dear Mr. Cook:
Dee Freeman
Secretary
On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of
the subject project, located at Azalea Dr. in Hampstead, Pender County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 020608, issued to you on February 5, 2003,
The project has been found to be in continual violation of Stormwater Permit Number SW8
020608, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to direct all runoff to the „stormwater system. The inspection revealed that
stormwater runoff collected in roadside swales, which should be directed to the
permitted system, is' bypassing and discharging in a ditch that runs parallel with the
collection system for Infiltration Basin 4a and 4b.
Permit condition states that runoff from all built -upon area within the permitted drainage area of
this project must be directed into the appropriate permitted stormwater control system.
2. Failure to build_ according to the approved plan. The inspection revealed that the
following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3,
swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a
was never installed along with roadside swales to bring the stormwater to this inlet.
This inspection also revealed that part of the project area allotted for town homes
has been subdivided into single-family lots.
Permit condition requires that 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.
To correct these violations you must
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before September 25, 2009.
Wilmington Regional office
127 Cardinal Drive Exlension, Wilmington, North Carolina 28405 One 1 1
Phone: 910-796-72151FAX: 910-350-20041Customer Service! 1-877-623-6748 1Vort lCaro1ina
Internet: www.ncwaterquality.org Aatura //I ,
An Equal Opportunity 1 Affirmative Action Employer L "✓U
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
2. Collect all stormwater that is bypassing into the ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b and direct the
stormwater to the approved Infiltration Basins.
3. Request a modification for all the 5 to 1 swales that have been piped prior
to approval.
4. Request a modification that addresses the subdivision of the project area
that was approved for the town homes. This modification should include
an updated site plan, updated lot number, amount of built -upon area
designated to the additional single family lots, and any changes that may
be required, because of the modification, to the Deed Restrictions.
5. Submit an Engineer's Certification once the as -built site condition has
been approved by this office.
Failure to provide the written "Plan of Action" by September 25, 2009, 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 penalties, pursuant to NCGS 143-
215.6A.
By copy of this letter to the Pender County Building Inspector, 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 David W. Cox at (910)
796-7215.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
ENBldwc: S:IWQSISTORMWATINOTICE1020608.nov08
cc: James Fentress, P.E.
Shelton Sullivan
Pender County Building Inspections
David W. Cox
Central Office
WiRO
Page 2 of 4
� I n��lil�ralll%! 11
NC DENR - Division of Water Quality
Sudace Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405 0 ,
7 � PrrHr�v �cmn;s
az tm $ 105.540
7008 1140 0002 956MAILED 0377 N j 5560 5i=P 09 2009
� I •ILED FROM ZIPCODE 28405
f� a-
/( Mr. Scott Cook
q The Forest at Belvedere
60 Pelican Drive
Wrightsville Beach, l�
RCTURN TO 'S-,CN0MR
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SC: 24-3405090107 *1892--01OS4-09-42
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.., .;rlverca
Beverly Eaves Perdue
Governor
-"fir IAA
�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
September 8, 2009
NOV-2008-PC-0800
CERTIFIED MAIL # 7008 1140 0002 9562 0377
RETURN RECEIPT REQUESTED
Mr. Scott Cook, Partner
The Forest @ Belvedere
60 Pelican Dr.
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION WITH RECOMMENDATION
FOR ENFORCMENT
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Pender County
Dear Mr. Cook:
Dee Freeman
Secretary
On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of
the subject project, located at Azalea Dr. in Hampstead, Pender County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 020608, issued to you on February 5, 2003.
The project has been found to be in continual violation of Stormwater Permit Number SW8
020608, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to direct all runoff to the stormwater system. The inspection revealed that
stormwater runoff collected in roadside swales, which should be directed to the
permitted system, is' bypassing and discharging in a ditch that runs parallel with the
collection system for Infiltration Basin 4a and 4b.
Permit condition states that runoff from all built -upon area within the permitted drainage area of
this project must be directed into the appropriate permitted stormwater control system.
2. Failure to build according to the approved plan. The inspection revealed that the
following 5:1 swales have been piped; Swale 1, swale 2 at 120 Azalea Dr., Swale 3,
swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a
was never installed along with roadside swales to bring the stormwater to this inlet,
This inspection also revealed that part of the project area allotted for town homes
has been subdivided into single-family lots.
Permit condition requires that 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.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before September 25, 2009.
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-72151 FAX: 910-350-2004 4 Customer Service: 1-877-623-6748 N orth Carol t n a
Internet: www.ncwaterquality.org 'Vat K �Na//y
An Equal Opportunity 1 Affirmative Action Employer l "
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage R Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR - Division of Witter Quality
Surface Witter Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28,105
-.5 ff p�aGO 8
�pi�.5 ��-� ��L✓�d� is
■ Complete Items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
M Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Nticle Addressed to:
SGoTT CDO �.
e �o r�s TGLcIPdPrC
�O /7
G� O 4JO
A. Signature
X ❑ Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
D. is delivery address different from item 1? ❑ Yes
if YES, enter delivery address below: ❑ No
3. Service Type
CKc-nmed Mail ❑ Express Mail
❑ Registered ❑ Retum Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restrlcted Dellvety? (Fxtra Fee) ❑ Yes
2. Article Number 7008 1l [,0 0002 9562 0377
i mnsfer from service label), f SJ T LJ L] LJ
QC Cnrm riAi 1 Fofininn gnna r]nmpMir P=film Qo inf in�sorna�a_�Fen�
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
2. Collect all stormwater that is bypassing into the ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b and direct the
stormwater to the approved Infiltration Basins.
3. Request a modification for all the 5 to 1 swales that have been piped prior
to approval.
4. Request a modification that addresses the subdivision of the project area
that was approved for the town homes. This modification should include
an updated site plan, updated lot number, amount of built -upon area
designated to the additional single family lots, and any changes that may
be required, because of the modification, to the Deed Restrictions.
5. Submit an Engineer's Certification once the as -built site condition has
been approved by this office.
Failure to provide the written "Plan of Action" by September 25, 2009, 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 penalties, pursuant to NCGS 143-
215.6A.
By copy of this letter to the Pender County Building Inspector, 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 David W. Cox at (910)
796-7215.
Sincerely,
C� 14-- ✓�� /t�h
Rick Shiver
Regional Supervisor
Surface Water Protection Section
ENBldwc: S:1WQSISTORMWATINOTICE1020608.nov08
cc: James Fentress, P.E.
Shelton Sullivan
Pender County Building Inspections
David W. Cox
Central Office
WiRO
Page 2 of 4
RIM
-.a F, F >
Ln
U, Postage $ 1 e
O
ru ,Certified Fee - C,4 ,a[/
Return Receipt Fee 4. os
Q (Endorsement Required)
Restricts=;)ellvery Fee
r (Endorsement Required)
Total Postage & Fees
j
to
a r ,QT ----_
i d Street, No.;
--------------------------
OrPQ go}t No. �L
CI e1 Z1P�4'---•-- -
---
�� fr�r`5 y� •/% �E/d
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
The Forest @ Belvedere Phase 6 Page 1 of 2
Pender County
Stormwater Project No. SW8 020608
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically I weekly 1
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
Page 3 of 4
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Certification Requirements:
Page 2 of 2
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
Pender County Building Inspections
Page 4 of 4
IIL -
Beverly Eaves Perdue
Governor
'9j'A
AQ=
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
September 8, 2009
NOV-2008-PC'0800
CERTIFIED MAIL # 7008 1140 0002 9562 0377
RETURN RECEIPT REQUESTED
Mr. Scott Cook, Partner
The Forest @ Belvedere
60 Pelican Dr.
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION WITH RECOMMENDATION
FOR ENFORCMENT
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Pender County
Dear Mr. Cook:
Dee Freeman
Secretary
On August 24, 2009, Wilmington Regional Office personnel performed a follow-up inspection of
the subject project, located at Azalea Dr. in Hampstead, Pender County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 020608, issued to you on February 5, 2003.
The project has been found to be in continual violation of Stormwater Permit Number SW8
020608, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to direct all runoff to the Stormwater system. The inspection revealed that
stormwater runoff collected in road side'swaIes, which should be directed to the
permitted system, is bypassing and discharging in a ditch that runs parallel with the
collection system for Infiltration Basin 4a and 4b.
Permit condition states that runoff from all built -upon area within the permitted drainage area of
this project must be directed into the appropriate permitted stormwater control system.
2. Failure to build according to the approoed plan. The inspection revealed that the
following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale 3,
swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration Basin 4a
was never installed along with roadside swales to bring the stormwater to this inlet.
This inspection also revealed that part of the project area allotted for town homes
has been subdivided into single-family lots.
Permit condition requires that 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.
To correct these violations you must :
1. Provide a written "Plan' of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before September 25, 2009,
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877.623-6748 N OTCh C arol i n a
Internet: www,ncwaterquality,org Aawally
An Equal Opportunity 1 Affirmative Action Employer
September 8, 2009
The Forest @a Belvedere Phase 6
Stormwater Permit No. SW8 020608
2. Collect all stormwater that is bypassing into the ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b and direct the
stormwater to the approved Infiltration Basins.
3. Request a modification for all the 5 to 1 swales that have been piped prior
to approval.
4. Request a modification that addresses the subdivision of the project area
that was approved for the town homes. This modification should include
an updated site plan, updated lot number, amount of built -upon area
designated to the additional single family lots, and any changes that may
be required, because of the modification, to the Deed Restrictions.
5. Submit an Engineer's Certification once the as -built site condition has
been approved by this office.
Failure to provide the written "Plan of Action" by September 25, 2009, 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 penalties, pursuant to NCGS 143-
215.6A.
By copy of this letter to the Pender County Building Inspector, 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 David W. Cox at (910)
796-7215.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
ENBldwc: S:1WQSISTORMWATINOTICE1020608.nov08
cc: James Fentress, P.E.
Shelton Sullivan
Pender County Building Inspections
David W. Cox
Central Office
WiRO
Page 2 of 4
_September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
The Forest @ Belvedere Phase 6 Page 1 of 2
Pender County
Stormwater Project No, SW8 020608
Designer's Certification
i, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically 1 weekly 1
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
Page 3 of 4
September 8, 2009
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Certification Requirements:
M
Page 2of2
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
Pender County Building Inspections
Page 4 of 4
■ Complete items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
N Attach this card to the back of the mailp€ece,
or on the frant if space permits.
1. Article Addressed to:
sa d 7- 7- �
1
r
A
❑ Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
5 -I 'r-1 C 7lr —tv ---Z 7
D. Is delivery addii different from fieK14o0 Yes
It YES, ente�dtory o Vress below: 0 No
j 1 / Ub
BY:
3. Type
ed Mall ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Deliver}? {Extra Fee) ❑ Yes
2. Article Number
(rransfer firm service fees!) 7008 1140 0002 9561 9746
Ps Form 3811. Febr iary 2004 rTDomestic Return Receipt 1U.,Z5-02-M-154t
UNITED STATES POSTAL SERVICE
• Sender: Please print your name, address,
NC DENR - Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension
-Wilmington, NC 28405
4_11
tz
r1i:1 1I11lIll III Jii1'11111 Ill IIll fllIll Ill IHIILAH!!III !ill I! ll
Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environarent and Natural Resources
Coleen H. Sullins Director
Division of W;Ltcr Quality
November 19, 2008
NOV-2008-PC-0800
CERTIFIED MAIL #7008 1140 0002 9561 9746
RETURN RECEIPT REQUESTED
Mr. Scott Cook, Partner
The Forest @ Belvedere
60 Pelican Dr.
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Pender County
Dear Mr. Cooke:
On November 19, 2008, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Azeala Dr. in Hampstead, Pender County, North
Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 020608, issued to you on February 5, 2003.
The project has been found in violation of Stormwater Permit Number SW8 020608 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to direct all runoff to the stormwater system. The inspection revealed that
stormwater runoff collected in roadside swales, which should be directed, to the
permitted system is bypassing and discharging in a ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b. Permit condition states that
runoff from all built -upon area within the permitted drainage area of this project
must be directed into the appropriate permitted stormwater control system.
2. Failure to build according to the approved plan. The inspection revealed that the
following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale
3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration
Basin 4a was never installed along with roadside swales to bring the stormwater
to this inlet. This inspection also revealed that part of the project area allotted for
town homes has been subdivided into single-family lots. Permit condition
requires that 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.
To correct these violations you must
` 1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before December 19, 2008.
O
NocthCarolina
IA orally
North C:uolina Division of Water Quality 127 Cardinal Drive Extension , Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwater(ivalit)!.org Fax (910) 350-2004 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Past Consumer Paper
November 19, 2008
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
2. Collect all stormwater that is bypassing into the ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b and direct the
stormwater to the approved Infiltration Basins.
3. Remove all pipes located in the 5:1 swales that are used for pretreatment
to reduce the amount of sediment directed to the Infiltration Basins.
4. Submit a modification that addresses the subdivision of the project area
that was approved for the town homes. This modification should include
an updated site plan, updated lot number, amount of built -upon area
designated to the additional single family lots, and any changes that may
be required, because of the modification, to the Deed Restrictions.
Failure to provide the written "Plan of Action" by December 19, 2008, 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 penalties, pursuant to NCGS 143-
215.6A.
By copy of this letter to the Pender County Building Inspector, 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 David W. Cox at (910)
796-7215.
Si erely,
att,c 113xlell�
ard Beck
Regional Supervisor
Surface Water Protection Section
ENB1dwc: S:1WQSISTORMWATINOTICE1020608.nov08
cc: James Fentress, P.E.
Shelton Sullivan
Pender County Building Inspections
JDavid-W7C0x7
Central Office
WiRO
Page 2 of 4
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
November 19, 2008
NOV-2008-PC-0800
CERTIFIED MAIL #7008 1140 0002 9561 9746
RETURN RECEIPT REQUESTED
Mr. Scott Cook, Partner
The Forest @ Belvedere
60 Pelican Dr.
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
Pender County
Dear Mr. Cooke. -
On November 19, 2008, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Azeala Dr. in Hampstead, Pender County, North
Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 020608, issued to you on February 5, 2003.
The project has been found in violation of Stormwater Permit Number SW8 020608 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to direct all runoff to the stormwater system. The inspection revealed that
stormwater runoff collected in roadside swales, which should be directed, to the
permitted system is bypassing and discharging in a ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b. Permit condition states that
runoff from all built -upon area within the permitted drainage area of this project
must be directed into the appropriate permitted stormwater control system.
2. Failure to build according to the approved plan. The inspection revealed that the
following 5:1 swales have been piped; swale 1, swale 2 at 120 Azalea Dr., swale
3, swale 6, swale 7 and swale 8. It also appeared that the inlet for Infiltration
Basin 4a was never installed along with roadside swales to bring the stormwater
to this inlet. This inspection also revealed that part of the project area allotted for
town homes has been subdivided into single-family lots. Permit condition
requires that 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.
To correct these violations you must :
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before December 19, 2008.
None hCarolina
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.nowaterqualty.org Fax (910) 350-2004 1-977-623-6748
An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper
November 19, 2008
The Forest @ Belvedere Phase 6
Stormwater Permit No. SW8 020608
2. Collect all stormwater that is bypassing into the ditch that runs parallel with
the collection system for Infiltration Basin 4a and 4b and direct the
stormwater to the approved Infiltration Basins.
3. Remove all pipes located in the 5:1 swales that are used for pretreatment
to reduce the amount of sediment directed to the Infiltration Basins.
4. Submit a modification that addresses the subdivision of the project area
that was approved for the town homes. This modification should include
an updated site plan, updated lot number, amount of built -upon area
designated to the additional single family lots, and any changes that may
be required, because of the modification, to the Deed Restrictions.
Failure to provide the written "Plan of Action" by December 19, 2008, 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 penalties, pursuant to NCGS 143-
215.6A.
By copy of this letter to the Pender County Building Inspector, 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 David W. Cox at (910)
796-7215.
Si erely,
ard Beck
Regional Supervisor
Surface Water Protection Section
ENBldwc: S:1WQSISTORMWATINOTICE1020608.nov08
cc: James Fentress, P.E.
Shelton Sullivan
Pender County Building Inspections
David W. Cox
Central. Office
CW.iR0-7
Page 2 of 4
INFILTRATION BASIN ANALYSIS
FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060;
PROJECT NUMBER: 020608-1
DATE: 18-Nov-02
PROJECT NAME: The Forest at Belvedere Phase 6
DRAINAGE BASIN: Cape Fear
REVIEWER: L. Lewis
RECEIVING STREAM: UT ICWW
CLASS; SA
Index No.: 18-87-(5.5)
If ORW, is site within the 575' AEC?
SITE AREA 29.26 acres
DRAINAGE AREA:<128E1' SF
IMPERVIOUS AREA CALCULATION
Rational C
BUILDINGS
21000 1
PARKING/ASPHALT
16026 1
CONCRETE
OTHER
TOTAL
37.026 C :`. 0 4$'»
Place a 1" here if Rational
% IMPERVIOUS, 1= .......,:',.32 $%
RV= .05+.009 (1)
ELEVATION OF SEASONAL HIGH WATER TABLE
33 7 FEET MSL
REPORTED INFILTRATION RATE
2 INCHES/HOUR
or 0.000046 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft
Inc. Volume Acc. Volume
BOTTOM 35.7 272
36 2007
341.85 341.85
37 2692
2349.5 2691.35
TOP 38 3432
3062 5753.35
VOLUME 1 DEPTH 1 DRAWDOWN CALCULATION
DESIGN STORM, INCHES
DESIGN VOLUME
: ;: , 487.1!;
CUBIC FEET
TOTAL VOLUME AVAILABLE
:;.;::5753:35'
CUBIC FEET
STORAGE MET AT ELEVATION
_ ;<37 71,?;
FEEL"
ELEVATION ON PLANS
TIME TO DRAWDOWN
1x6
HOURS MUST BE <120
25 YEAR 24 HOUR STORM N/A
Intensity, i = .33 inches 1 hour
Or=C.iA=
CFS
Op through the bottom of the basin=
CFS Must be > Or
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches / hour
Volume for 10 yr. 10 min. event =
4528.43 CF < 5753.35 CF
COMMENTS
Volume and drawdown are within Design Requirements.
INFILTRATION BASIN ANALYSIS
FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060;
PROJECT NUMBER: 020608-2
DATE: 05-Feb-03
PROJECT NAME: The Forest at Belvedere Phase 6
DRAINAGE BASIN: Cape Fear
REVIEWER: L. Lewis
RECEIVING STREAM: UT ICWW
CLASS: SA
Index No.: 18-87-(5,5)
If ORW, is site within the 575' AEC?
SITE AREA 29.26 acres
DRAINAGE AREA: :141 (34SF
IMPERVIOUS AREA CALCULATION
Rational C
BUILDINGS
38500 1
PARKINGIASPHALT
9112 1
CONCRETE
OTHER
TOTAL
Place a 1" here if Rational 14.
% IMPERVIOUS, I= a.:33 7 o
RV= .05+.009 (i)
ELEVATION OF SEASONAL HIGH WATER TABLE
:............:34` FEET MSL
REPORTED INFILTRATION RATE
2 INCHES/HOUR
or 0,000046 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft
Inc. Volume Acc. Volume
BOTTOM 36 481
36.3 2642
468.45 468.45
37 3517
2155.65 2624A
TOP 38 4725
4121 6745.1
VOLUME 1 DEPTH / DRAWDOWN CALCULATION
DESIGN STORM, INCHES
........................ .
DESIGN VOLUME
::;:;;6238€
CUBIC FEET
STORAGE MET AT ELEVATION
:::88:':
FEET
ELEVATION ON PLANS
::><37.;:88€
FEET
VOLUME PROVIDED @plan elev.
625100
CUBIC FEET
TIME TO DRAWDOWN
:15<
HOURS MUST BE <120
25 YEAR 24 HOUR STORM NIA
Intensity, i = .33 inches 1 hour
Qr- C i A =
0.50 CFS
Op through the bottom of the basin=
CFS Must be > Or
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 7 inches I hour
Volume for 10 yr. 10 min. event =
6394.14 CF < 6238 CIF
COMMENTS
Volume and drawdown are within Design Requirements.
INFILTRATION BASIN ANALYSIS
FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060I
PROJECT NUMBER: 020608-3
DATE: 18-Nov-02
PROJECT NAME: The Forest at Belvedere Phase 6
DRAINAGE BASIN: Cape Fear
REVIEWER: L. Lewis
RECEIVING STREAM: UT ICWW
CLASS: SA
Index No.: 18-87-(5.5)
If ORW, is site within the 575' AEC?
SITE AREA 29.26 acres
DRAINAGE AREA: 1398. SF
IMPERVIOUS AREA CALCULATION
Rational C
BUILDINGS
52500 1
PARKING/ASPHALT
9368 1
CONCRETE
OTHER
TOTAL
61868 C :...£155':
Place a "1" here if Rational
IMPERVIOUS, 1= 44 2q'
RV= .05+.009 (I)
ELEVATION OF SEASONAL HIGH WATER TABLE
34 7: FEET MSL
REPORTED INFILTRATION RATE
2 INCHES/HOUR
or 0.000046 FPS
SURFACE AREAS AND ELEVATIONS
Elev. (ft) Area, sq ft
Inc. Volume Acc. Volume
BOTTOM
36.7 474
0
37 6190
999.6 999.6
TOP 38 7888
7039 8038.6
VOLUME 1 DEPTH I DRAWDOWN CALCULATION
DESIGN STORM, INCHES
1:5;
DESIGN VOLUME
>7.34'
CUBIC FEET
TOTAL VOLUME AVAILABLE
8a3$6.
CUBIC FEET
STORAGE MET AT ELEVATION
::37T.
FEET
ELEVATION ON PLANS
37.97
TIME TO DRAWDOWN
::???:: 8:
HOURS MUST BE <120
25 YEAR 24 HOUR STORM NIA
Intensity, i = .33 inches 1 hour
Qr=CiA=
CFS
Qp through the bottom of the basin=
CFS Must be > Qr
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches / hour'
Volume for 10 yr. 10 min. event =
6721.74 CF < 8038.6 CF
COMMENTS
Volume and drawdown are within Design Requirements.
INFILTRATION BASIN ANALYSIS
FILENAME: G:IDATAIWPDATAIWQSIINBASIN102060;
PROJECT NUMBER: 020608-4A
DATE: 18-Nov-02
PROJECT NAME: The Forest at Belvedere Phase 6
DRAINAGE BASIN: Cape Fear
REVIEWER: L. Lewis
RECEIVING STREAM: UT ICWW
CLASS: SA
Index No.: 18-87-(5.5)
If ORW, is site within the 575' AEC?
SITE AREA 29.26 acres
DRAINAGE AREA: 1G528: SF
IMPERVIOUS AREA CALCULATION
Rational C
BUILDINGS
56000 1
PARKING/ASPHALT
10700 1
CONCRETE
OTHER
TOTAL
% IMPERVIOUS, I=
ELEVATION OF SEASONAL HIGH WATER TABLE
REPORTED INFILTRATION RATE
SURFACE AREAS AND ELEVATIONS
27.5
83
28
1183
29
1637
30
2157
31
2742
TOP 32
3392
VOLUME I DEPTH / DRAWDOWN CALCULATION
DESIGN STORM, INCHES
DESIGN VOLUME
TOTAL VOLUME AVAILABLE
STORAGE MET AT ELEVATION
ELEVATION ON PLANS
TIME TO DRAWDOWN
25 YEAR 24 HOUR STORM NIA
Intensity, i = .33 inches 1 hour
Qr=CiA=
Op through the bottom of the basin=
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches 1 hour
Volume for 10 yr. 10 min. event =
Place a 1" here if Rational
RV= .05+.009 ( I) =
55']FEET MSL
2 INCHES/HOUR
or 0.000046 FPS
316.5
316.5
1410
1726.5
1897
3623.5
2449.5
6073
3067
9140
CUBIC FEET
CUBIC FEET
FEET
HOURS MUST BE <120
CFS
CFS Must be > Qr
7503.21 CIF < . 9140 CIF
COMMENTS
Volume and drawdown are within Design Requirements.
INFILTRATION BASIN ANALYSIS
FILENAME: G:IDATAIWPDATAIWQSIINBASIN10206(
PROJECT NUMBER: 020608-413 DATE: 05-Feb-03
PROJECT NAME: The Forest at Belvedere Phase 6
DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis
RECEIVING STREAM: UT ICWW CLASS: SA
Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC?
SITE AREA 29.26 acres DRAINAGE AREA: `2�0376' SF
IMPERVIOUS AREA CALCULATION
BUILDINGS
PARKING/ASPHALT
CONCRETE
OTHER
TOTAL
% IMPERVIOUS, 1= 51 9°Jo�
ELEVATION OF SEASONAL HIGH WATER TABLE
REPORTED INFILTRATION RATE
SURFACE AREAS AND ELEVATIONS
27.5
122
28
2105
29
2762
30
3493
31
4298
TOP 32
5178
VOLUME I DEPTH I DRAWDOWN CALCULATION
DESIGN STORM, INCHES
DESIGN VOLUME
TOTAL VOLUME AVAILABLE
STORAGE MET AT ELEVATION
ELEVATION ON PLANS
VOLUME PROVIDED @plan elev.
TIME TO DRAWDOWN
25 YEAR 24 HOUR STORM NIA
Intensity, i = .33 inches I hour
Qr=CiA=
Qp through the bottom of the basin=
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches I hour
Volume for 10 yr. 10 min. event =
Rational C
84000 1
19900 1
103d0' C
Place a "1" here if Rational
RV= .05+.009 (1) =
FEET MSL
[.>; .'? .<... >; .2 1NCHESIHOUR
or 0.000046 FPS
556.75
556.75
2433.5
2990.25
3127.5
6117.75
3895.5
10013.25
4738
14751.25
CUBIC FEET
CUBIC FEET
FEET
FEET
CUBIC FEET
HOURS MUST BE <120
CFS
CFS
10690.49 CF <
COMMENTS
Volume and drawdown are within Design Requirements.
Must be > Or
14751.25 CF
INFILTRATION BASIN ANALYSIS
FILENAME: G:IDATAIWPDATAIWQSIINBASIN10206t
PROJECT NUMBER:
020608-4C
DATE: 05-Feb-03
PROJECT NAME:
The Forest @Belvedere Phase 6
DRAINAGE BASIN:
Cape Fear
REVIEWER: L. Lewis
RECEIVING STREAM:
UT ICWW
CLASS: SA
Index No.:
18-87-(5.5)
If ORW, is site within the 575' AEC?
SITE AREA 29.26 acres
DRAINAGE AREA: I
IMPERVIOUS AREA CALCULATION
BUILDINGS
PARKINGIASPHALT
CONCRETE
OTHER
TOTAL
% IMPERVIOUS, I=
ELEVATION OF SEASONAL HIGH WATER TABLE
REPORTED INFILTRATION RATE
SURFACE AREAS AND ELEVATIONS
27.5
264
28
1401
29
2114
30
2883
TOP 31
3709
VOLUME 1 DEPTH ! DRAWDOWN CALCULATION
DESIGN STORM, INCHES
DESIGN VOLUME
TOTAL VOLUME AVAILABLE
STORAGE MET AT ELEVATION
ELEVATION ON PLANS
VOLUME PROVIDED @plan elev.
TIME TO DRAWDOWN
25 YEAR 24 HOUR STORM NIA
Intensity, i = .33 inches I hour
Or=CiA=
Op through the bottom of the basin=
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches / hour
Volume for 10 yr. 10 min. event
Rational C
45500 1
9200 1
0
416.25
416.25
1757.5
2173,75
2498.5
4672,25
3296
7968.25
SF
CUBIC FEET
CUBIC FEET
FEET
FEET
CUBIC FEET
HOURS MUST BE <120
CFS
CFS
6556.76 CIF <
COMMENTS
Volume and drawdown are within Design Requirements.
Must be > Or
7968,25 CIF
INFILTRATION BASIN ANALYSIS
FILENAME: G:\DATA\VVPDATAVWQ3\|NBAQ|N02060
PROJECT NUMBER: 020608-5
DATE: 18-Nov-02
PROJECT NAME: The Forest @Be|vedemPhase 8
DRAINAGE BASIN: Cape Fear
REVIEWER: LLawiu
RECEIVING STREAM: UT|CWVV
CLASS: SA
Index No.: 18'87'(5.5)
|fORVV. is site within the 575'AEC?.
SITE AREA 29.36 ocnya
DRAINAGE AREA: SF
IMPERVIOUS AREA CALCULATION
'
Rational O
BUILDINGS
66270 1
PARKING
13300 1
STREET
9800
OTHER
% IMPERVIOUS, h=
ELEVATION OFSEASONAL HIGH WATER TABLE
REPORTED INFILTRATION RATE
SURFACE AREAS AND ELEVATIONS
30 430
31 7735
TOP 32 8810
VOLUME / DEPTH /DRAVVDOWNCALCULATION
DESIGN STORM, INCHES
DESIGN VOLUME
TOTAL VOLUME AVAILABLE
STORAGE MET ATELEVATION
ELEVATION ONPLANS
TIME TOORAWDOWN
25 YEAR 24HOUR STORM N/A
Intensity, i=.33inches /hour
Qn=CiA=
Opthrough the bottom ofthe bann=
10YEAR 10MIN HIGH INTENSITY EVENT
|ntnnohy. i=G.3inches /hour
Volume for 10yr. 10 min. event =
COMMENTS
Place a^1~here ifRational
FEET MSL
|NCHES�OUR
or 0.000003 FPS
4082,5 4082.5
8272.5 12355
CUBIC FEET
CUBIC FEET
FEET '
HOURS MUST BE <120
CFS
CFS Must be>Or
r 1 f
Project Name: / e]VedOe— �% QS %�l.to Location:. cm Cub 1�0'
S/cx->p
P�' ec/.
DIVISION OF WATER QUALITY
INFILTRATION SYSTEM INVESTIGATION
1. The minimum bore depth:
¢�
Existing ground elevation: 3/ 6
39
38
32
Proposed Bottom elevation: 35.Z
3
'3(0
2^
Add 2' +2 f
Depth: 4,3
+2
Jam'
+2 1
4
+2 r
2. The type of soil:
3
4.
E
The expected infiltration rate:
The depth to the Seasonal High Water Table: ++-
Additional comments: .#'3 — � ' S bo+�M
b2oe-r-1,0 - -q 2 P"YC . 6Gl6 (►-2
Signature of Regional Office Personnel:
Linda Lewis, DWQ
Permit Application No
:5UJ F 0 z C)&0?
S :1 W QS IS TORM WATIFORM SUNFINV S T. FOR
u
0
Vincent Lewis, Soil Scientist
Date
Project Name: &11/e i/o, _ � 7 r�� Location:
DIVISION OF WATER QUALITY
INFILTRATION SYSTEM INVESTIGATION
l . The minimum bore depth:,
0
Existing ground elevation: 3J4-
3Z-
.30
Proposed Bottom elevation: �
34
zq.5
Add 2' .+2 r
Depth.
+2
4
+2 +2
2. �J
2. The type of soil: _ �� O V e,-
'00"h c r
S 7ncl _
3. The expected infiltration rate:_ 2 — Go
i.1
4. The depth to the Seasonal High Water Table:
-950"-W
, BG
S. Additional comments: S U
Signature of Regional Office Personnel:
Linda Lewis, DWQ
Permit Application No. SW d OZOCPO1?
S:1WQSISTORMWATIFORMS\MTNVST.FOR
'Vincent Lewis, Soil Scientist
Date lF ( ¢ -0-7,
►-.
INFILTRATION BASIN ANALYSIS
FILENAME: G:IDATAIWPDATAIWQSIINBASiN10206(
PROJECT NUMBER: 020608-6 DATE: 05-Feb-03
PROJECT NAME: The Forest @Belvedere Phase 6
DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis
RECEIVING STREAM: UT ICWW CLASS: SA
Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC?
SITE AREA 29.26 acres DRAINAGE AREA: 1`4$975 SF
IMPERVIOUS AREA CALCULATION
BUILDINGS
PARKING
STREET
OTHER
TOTAL
% IMPERVIOUS, 1=
ELEVATION OF SEASONAL HIGH WATER TABLE
REPORTED INFILTRATION RATE
or
SURFACE AREAS AND ELEVATIONS
BOTTOM 29.5 1368
29.75 15162 2066,25
TOP 30.5 17468 12236.25
VOLUME 1 DEPTH ! DRAWDOWN CALCULATION
DESIGN STORM, INCHES
DESIGN VOLUME
TOTAL VOLUME AVAILABLE
STORAGE MET AT ELEVATION
ELEVATION ON PLANS
VOLUME PROVIDED @plan elev.
TIME TO DRAWDOWN
25 YEAR 24 HOUR STORM NIA
INCHES/HOUR
0.000093 FPS
2066.25
14302.5
CUBIC FEET
CUBIC FEET
FMSL
FMSL
CUBIC FEET
HOURS MUST BE <120
Intensity, i = .33 inches 1 hour
Or=CiA= CFS
Op through the bottom of the basin= CFS
10 YEAR 10 MIN HIGH INTENSITY EVENT
Intensity, i = 6.3 inches / hour
Volume for 10 yr. 10 min. event = 7054.39 CF <
COMMENTS
Volume and drawdown are within Design Requirements.
Must be > Or
14302.5 CF