SW8131212_Compliance Evaluation Inspection_20160823

State Stormwater Permit No. SW8 131? 12
Pa eg 2 of 2
Please be advised that until you submit the required Name/Ownership Change Form to the Division and receive
approval from the Division to transfer the permit, you are required to comply with the terms, conditions and'
limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 02H.1006
and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted
stormwater system.
Please note that the permit can be transferred to the HOA under the terms of SL 2011-256, if all of the following
requirements are met:
1. The subdivision was made subject to the requirements of Chapter 47F, aka the Planned Community Act.
2. The permittee has submitted a completed and signed HOA Permit Transfer document. This document only
requires the signature of the permittee;
3. The permittee has submitted a copy of the recorded deed conveying the common areas of the subdivision
to the Association;
4. A determination by the Division that the project is in compliance with the permit. This determination must
be made in writing no more than 90 days prior to the transfer. Documents that the permittee needs to
submit in order for the Division to make that determination of compliance include:
a. A copy of the project certification and/or BMP designer's certification;
b. A copy of the recorded deed restrictions limiting the BUA on each lot;
c. Verification that the permitted maximum built -upon area per lot has not been exceeded. The
permittee's review records, tax records and lot surveys can be used for this;
d. A copy of the recorded subdivision plat documenting the number of lots and the locations of all
required drainage and maintenance access easements as depicted on the approved plans;
e. Verification that more than 50% of the lots have been conveyed to individuals (not builders).
Copies of the deeds of conveyance are acceptable. Where there are many lots, the permittee may
create a chart listing the lot number, lot address, owner's name, conveyance date and deed book
and page number.
Failure to address the listed compliance items, or to provide the requested information, or to respond to this letter
with a plan of action, including a timeline to resolve the identified deficiencies, by October 23, 2016, are
considered violations of the permit. If the deficiencies are not addressed by the due date or if the requested
information is not submitted to this office by the due date, then DEMLR staff will re -inspect the site and may issue
a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth
in NCGS 143 Article 21, including the assessment of civil penalties.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-
7215 or via email at [e-mail].
Sincerely,
)e64c., e-"f,�
Linda Lewis, E.I.
Environmental Engineer III
Eric: Compliance Inspection Report
}�7GDS\arl: \\\Stormwater\Permits & Projects\2013\131212 LD\2016 08 CEI— deficient 131212
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cc: Phil Tripp, P.E., Tripp Engineering
The Cottages at Mariners Pointe HOA (Robert Chappell and William Jones, Board of Directors)
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File

Compliance Inspection Deport
Permit: SW8131212 Effective:01/23/14 Expiration:
Project The Cottages at Mariners Pointe
Owner: Carter Chappell LLC
County: Brunswick Adress: Oakcrest Dr
Region: Wilmington
City/State/Zip: Southport NC 28461
Contact Person: Harold Chappell Title: Member Manager Phone: [phone]
Directions to Project:
From int. of Hwy. 211 and Hwy 133, travel south on Hwy 133 for 3/4 mile to Sea Pines.Drive right onto Sea Pines and follow 4th
Street to end.
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Calf Gulley Creek) (03-06-17) ( SC;Sw,HQW)
On -Site Representative(s):
Related Permits:
SW8021215 Bill Clark Homes Of Wilmington LLC - Village at Mariners Pointe (formerly Sweel
Inspection Date: 08/17/2016 Entry Time: 12:15PM Exit Time: 12:30PM
Primary Inspector: Alida R Lewis Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
page: 1

Permit SW8131212 Owner Project: Carter Chappell LLC
Inspection Date: 08/17/2016 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
The project was inspected for compliance after receiving a complaint about flooding. The roadside swales were in place
and it did not appear that any lots had exceeded the permitted BUA limit. There may be an issue with the driveway
piping (size and/or slope), but the sizing of driveway piping is not covered by the stormwater permit and flooding is not a
compliance issue.
The observed compliance issues include:
1. The lack of a certification from the permittee that the project's stormwater system and impervious surfaces have been
built in accordance with the approved plans and specs.
2. The lack of recorded deed restrictions. If deed restrictions containing the required statements in Section 11.4 of the
permit hays not been recorded, it may be very difficult to get all the lot owners to approve of an amendment. You may
need to negotiate terms with the HOA in exchange for their signature on an amendment to add all of the permit -required
deed restriction statements, including the BUA limit of 2587 sf per lot.
3. The accumulation of sediment in the roadside swales. The source of the sediment should be identified and eliminated.
The sediment caused by lot construction must be restrained on the lot. If it washes into the ditches, it should be
removed and the ditch restored to design condition.
4. The assignment of declarant rights to William B. Jones Construction, Inc. Mr. Jones is listed with the NCSOS as a
manager of Carter/Chappell, LLC, but William B. Jones Construction, Inc., is not.
5. The permittee should consider initiating the transfer of the permit to the HOA once all the compliance issues have
been addressed.
page: 2

Permit: SW8131212 Owner - Project: Carter Chappell LLC
Inspection Date: 08/17/2016 Inspection Type Compliance Evaluation Reason for Visit Complaint
File Review Yes No NA NE
Is the permit active? ❑ ❑ ❑ ❑
Signed copy of the Engineers certification is in the file? ❑ Li ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ EI 0 ❑
Copy of the recorded deed restrictions is in the file? ❑ L I ❑ ❑
Comment: 1. Per Schedule of Compliance Condition 11.13, the permittee must provide written certification that the
proiec's stormwater system and impervious surfaces have been constructed within substantial intent of
the approved plans and specs.
2. The maximum BUA limit was reduced to 2,587 for each of the 46 lots covered by the Dermit. Per
Schedule of ComDliance Condition 11.4. the permittee is reauired to record the deed restrictions Dror to
sellina lots. and Der Condition 11.5. the Dermittee is reauired to submit a copy of the recorded deed
restrictions withn 30 days of the date of recording. A search of the Brunswick County Register of Deeds
website was conducted, but no such recorded document was located. There are manv lot convevances
that have been made since the Dermit was issued
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA (as permittedi graded such that the runoff drains to the system? ❑ ❑ a ❑
Comment: 3. A visual inspection of the proiect did not reveal any apparent overages, however, the permittee will
need to provide verification that no lot has exceeded its maximum permitted BUA limit Prior to
transferring the permit to the HOA.
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Yes No NA NE
K ❑❑❑
❑ ❑ x ❑
Are the outlet structures located per the approved plans? ❑ ❑ ® ❑
Comment: 4. The roadside swales are in place with what appears to be 3:1 or flatter side slopes. The permittee will
need to provide written certification that the sideslope of the swales is 3:1 or flatter.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ J ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ L
DWQ upon request?
Comment: 5. There is some sediment accumulated in the swales. The source of the sediment should be identified
and eliminated. The erosion and sediment resulting from the construction of any individual lots should be
restrained on the lot. Please note that owners are required by law to restrain sediment on their lot but
they don't need to file an erosion control plan if the disturbed area is less than 1 acre.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ F ❑❑
page: 3

Permit: SW8131212 Owner - Project: Carter Chappell LLC
Inspection Date: 08/17/2016 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Comment: 6. The permittee assiqned their declarant rights over to William B. Jones Construction Inc. back on
June 26 2014, about 6 months after the permit was issued. The assignment of declarant rights is an
ownership change however, the permittee did not submit a request to transfer ownership of this permit.
Carter/Chappell LLC remains the permittee of record, and is responsible for compliance with the permit,
despite the assignment of declarant rights.
7. The project is very close to build -out and now might be a good time to transfer the permit to the HOA.
page: 4

Lewis,Linda
From: Lewis,Linda
Sent: Thursday, October 27, 2016 2:37 PM
To: 'William Jones'
Subject: RE: Certification Letter / stormwater/ The cottages at Mariners Point
I appreciate that you are certifying the project. We're not in the business of drainage or flood control.
so "working" swales are not part of compliance for the state stormwater permit. Brunswick County
may require that the swale actually drain runoff to prevent flooding. State stormwater compliance for
swales is limited to the presence of a 3:1 side slope and being graded per the approved plans,
vegetated and stable.
Your letter makes no mention of the BUA verification. Part of determining compliance requires the
permittee to verify that no lot has exceeded its permitted maximum BUA limit. You can print off and
submit a copy of the Brunswick County tax record for each address. In addition to the house, patio
and porch BUA, this record also includes the driveway and sidewalk BUA, which makes it very
convenient.
Please note that I am still waiting on the remainder of the information to be submitted, namely, what
we discussed on September 27, 2016, including:
1. Your letter indicates that the deed restrictions have been recorded. If that is the case, you must
submit a copy of the amended recorded deed restrictions which contain all of the statements
found in Section 11.4 of the permit. Remember, at our meeting, we discussed the fact that the
permit -required deed restriction statements for this project had not been recorded.
2. The issue with the lots that utilized permeable pavement has not been resolved. To my
knowledge, the Division has not received or reviewed any permit applications for those lots to
allow permeable pavement.
Thank you.
Linda
From: William Jones[mailto:[e-mail]]
Sent: Thursday, October 27, 2016 2:05 PM
To: Lewis,Linda <[e-mail]>
Subject: Fwd: Certification Letter / stormwater/ The cottages at Mariners Point
Sent from my iPhone
Begin forwarded message:
From: "William Jones" <williambjones(a)bellsouth.net>
Date: October 27, 2016 at 2:02:41 PM EDT
To: "William Jones" <williambjones ,bellsouth.net>
Subject: Certification Letter / stormwater/ The cottages at Mariners Point
Linda

Here is my certification letter. Let me know if I need to mail you a copy.
Thanks
Bill Jones

Linda Lewis,. NCDEQ Stormwater
127 Cardinal Drive Extension
Wilmington, NC 28405
October 27, 2016
Re: Permit ## SW8131212
Dear Linda Lewis,
I have attached the Low density Certification for this project. As you saw when you
visited the site the swales are in good serviceable condition and the system is working well by
keeping runoff from the roads and yards in the subdivision. During the recent Hurricane Mathew,
we really had no flooding or issues with the system. We will continue to keep up the
maintenance items as needed.
As part of this certification I have checked that the following items have.been completed and
addressed:
I. The deed restrictions have been recorded with the BUA limit.
2. The side slopes of the swales are 3:1
3. The number of lots matches the number permitted.
4. All of the swales ate in a recorded drainage .easement and or in a right of way/common
area.
5. All the swales to. the best of my knowledge seem to be. working as designed. All the
runoff is leaving the swales and being delivered to the wetlands and pond areas.
Thanks for all of your in this matter.
f
7S e
III
t. am B Jon

Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, September 27, 2016 6:23 PM
To: William Jones
Subject: Our Meeting Today
Just to summarize the things that we discussed in our meeting:
I3)21Z
1. The deed restriction statements in Schedule of Compliance 11.4 a-g need to be recorded. If
they have been recorded, please send me a copy of the recorded document. If they have not
been recorded, then you will need to garner 67% of the lot vote to amend the deed restrictions
to add the permit -required statements limiting built -upon area, etc. I provided you with a copy
of the proposed document signed by Harold Chappell on December 11, 2013.
2. If there are any lots that used permeable pavement to stay below the 2587 sf BUA maximum,
they should have received a separate permit from the Division. As part of your effort to certify
the project to the Division, including that no lot has exceeded the permitted BUA limits, you
should either have the builder provide you with a copy of that lot's permeable pavement permit,
or tell the builder to apply for an after -the -fact permit through the Division.
3. Once you get to the point of transferring the permit to the HOA, please submit the forms,
documents and paperwork that are listed on page 2 of the Division's August 23, 2016 letter to
you and Mr. Chappell. In order to transfer the permit under Session Law 2011-256, you must
meet/provide the listed requirements/documents and the project must be determined to be in
compliance with the permit.
Linda Lewis, E.I.
Environmental Engineer 1,11
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewis(cDncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28403
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