The URL can be used to link to this page

Home My WebLink AboutSW8050108_Compliance Evaluation Inspection_20170908A� a:��sv� and�T�ra1 R.es - IV C &TmdDru►eFsft= �, Nam E�a1� 28445 ' 010) 796 7215 AM RBOf3O S, MON T) cf-M Lam. Cf c 7m �.Ac�Ces Tho dddWtd*a la&W O}fAm fa de 61D M494 Ptlb tWd-q fa • oui cltsfyxa�f��i� �@��a Ca� i�'e �t�1,6�e�0�t� � � . . to Sahgw& i z dS aid t gmy mt = dap tkayM 1. Ante die argepl& demodforgow=4"mqMAtdPt044 IDOt4d: im o to.sa�ied �E1 a� �� x� �� be . �I. _ • �'ova_c�r��.�€eer�snot�i..��,ysr�� Caa� cagy s .0 oe �s. P��nc mar � made } � may ' ord r. or € A 4 Aw y6TS IOM=ns mqwtl*tbz kom 1 dtm e - �• f�t.�'C��' a-00.1�vice�Oe�]I�cba�g�anc�. ' R�• NAB � � , DflOb Ple a c z ab ar ec�d to fwAfs CO I IR____-7v FAQ ST'. OF lYO]ZT`$. CApOLilgA �' a�'�zvi�n� any# �1'at�ra1 Resav�ces , ftukg.b� North Cae && 28405 > . ON VATS Xua arc d3rmk A.epubrwtrre*wgad 0*4 T6&Iwo to raTmak—M pu SaftWd POCOA and t O am &y-tjo,&y;rogMM drhgdoWs PJOW ftd - • r • . ac�nce #} ache �. a�a�lfmc��a x�e�r' iz�as. �po��m�tri� Ott �� been ��. �ad.�:�a�. �gi � Viz. ,� #�.�.mt� �mi • Catper copy is$ 05 smttPlPffi�k m ez e.ir�e�te ,llfA i. e 2 t� Iva-- dam, or me tleSxyice� rauz'ai ee ee: ' `d ove, alfw, Moe -, arc Lwcmu= va umew e-51% a M*PMWsk file, -Cbothfapd ad B E=NA� � v� all t r_. ------------ a g a ze of2kWB4stt m Daio cia COPS MADB PCB _ DaICS Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY May 25, 2017 CERTIFIED MAIL #7013 2630 0002 0760 7288 RETURN RECEIPT REOUESTED ROY COOPER Covemor MICHAEL S. REGAN Secretary TRACY DAVIS Director Gary Mercer, President Mercer Building and Design, Inc. 106-C Professional Park Drive Beaufort, NC 28516 Subject: Notice of File Review Inspection — Request for Additional Information Old Beaufort Village Phase V State Stormwater Management Permit Nos. SW8 050108 Low Density Curb Outlet Swale Project Carteret County Dear Mr. Mercer: On August 11, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Old Beaufort Village Phase V located off Professional Park Drive at Tradd Street, in Beaufort, Carteret County, to determine the status of compliance with the State Stormwater Management Permits SW8 050108 issued to you on January 25, 2005. DEMLR file review and site inspection revealed that the project is not in compliance with the permit requirements. The Division notified you via letter dated September 1, 2016, of the deficiencies. No response to that letter has been received, therefore, the Division is resending the letter and the inspection report via certified mail. As indicated in the attached inspection report dated August 11, 2016, the following information must be provided: 1. Schedule of Compliance II.7 - The permittee must certify that the project's stormwater controls (the curb outlet swales) and built -upon areas (lots, streets, and sidewalks) have been constructed within substantial intent of the approved plans and specs. 2. Schedule of Compliance II.10, I1.12 and H.14 — The permittee shall record deed restrictions prior to the sale of any lot. The permittee shall record the statements found in Schedule of Compliance Condition II.12(a)-(1) of the permit. The permittee shall submit a copy of the recorded deed restrictions to the Division within 30 days of recording. To date, the permittee has not submitted a copy of the recorded deed restrictions. 3. General Condition IH.8 - The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. The permittee changed their mailing address in 2006, and merged the original permittee development company, Mercer Building Company with Mercer Building and Design, Inc„ in 2011, but did not notify the Division of these changes. Please submit a Permit Update form to update the merged company name and mailing address. 4. General Condition EE1.5 - The permit is not transferrable to any person or entity except after notice to and approval by the Director. If you want to transfer this permit to the HOA, you must submit a formal rcquest to the Division along with any required fee, supporting documentation as per SL 2011-256 and the appropriately completed and signed Name/Ownership Change Form. State of North Carolina I Environmental Quality 1 Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 410 7967215 State Stormwater Permit No. SW8 050108 Page 2 of 2 ` Please be reminded that it is your responsibility as the penilittee of record to notify the Division in the event of an ownership change by submitting a completed and signed Permit Transfer Request form to the Division of Energy, Mineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. These forms are available on our website at: htt s://deg.nc.gov/about/divisions/energy- m ineral-land-resources/energy-m inera l-land-rules/stonmwater-pro gram/post-constructioil a. An ownership change including the sale or conveyance of the permitted project area in whole or in part, except for individual lot conveyances which are made subject to the recorded deed restrictions as listed in the permit; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Foreclosure proceedings or filing for bankruptcy; d. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall wind up, which may include continuing the business of the LLC for a period of time. The LLC's assets [which include the stormwater management permit] shall be distributed and the liabilities shall be discharged, as provided in NCGS 57D-6-08(2). e. A name change of the owner / permittee; f. A name change of the project; g. A mailing address change of the permittee; Please be advised that until you submit the required 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 issued under Title 15A North Carolina Administrative Code 02H .1000 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. The required actions and documents which are needed to transfer a permit from the original permittee to the HOA or POA where the subdivision was created under and made subject to the requirements of the Planned Community Act, are listed in NCGS 143-214.7 (c2). Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by June 25, 2017, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DEMLR staff will re- inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at linda.lewis(a-),ncdenr.2ov. Sincerely, Linda Lewis, E.I. Environmental Engineer III Eric: Compliance Inspection Report Z'GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050108 LD\2017 05 CEI addinfo 050108 cc: Ron Cullipher, P.E., Stroud Engineering (Morehead City Office) William H. Martin, 307 Franklin Street, Beaufort, 28516 Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I L•nvironmental Qualfty 1 Eneiggy, Mineral and Land Resources Wilmington Rc{,;`onal Ui l ice 1 127 Ordinal Drive Extension I VVilmington, NC 28405 9'10 796 7215 Compliance Inspection Report Permit SW8050108 Effective:01/25/05 Expiration: Project: Old Beaufort Village -Phase V Owner: Mercer Building Company Inc County: Carteret Adress: Professional Park Dr Region: Wilmington City/State/Zip: Beaufort NC 28516 Contact Person: Gary A Mercer Title: President Phone: 252-728-6636 Directions to Project: From the intersection of Hwy 70 & Hwy 101, take 70 East approx 1 mile, turn left on Professional Park Drive, project is at the end on the north side of the street Type of Project: State Stormwater - LD - Curb and Gutter Drain Areas: 1 - (Gable Creek) (03-05-03) ( SA;HQW) On -Site Representative(s): Related Permits: SW8000112 Mercer Building Company Inc- Old Beaufort Village Phases I -IV Inspection Date: 08/11/2016 Entry Time: 03:OOPM Exit Time: 03:45PM Primary Inspector: Brian P Lambe Phone: Secondary Inspector(s): Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) page: 1 Permit: SW8050108 Owner - Project: Mercer Building Company Inc Inspection Date: 08/11/2016 Inspection Type Compliance Evaluation Reason for Visit: Complaint Inspection Summary: The project was inspected due to a flooding complaint regarding the adjacent subdivision, which is Phases I -IV of Olde Beaufort Village under SW8 000112. Phase V of Old Beaufort Billage could not be found in compliance due to the following 1. A lack of recorded deed restrictions for the lots; 2 A lack of a certification from the permittee that the project's stormwater controls (i.e , the curb outlet swales) and built -upon areas are in compliance with the approved plans and specs; 3. The lack of notification regarding the owner name change due to the corporate merger and the mailing address change, 4. The permit remains in the name of Mercer Building Corporation and has not been transferred to the HOA page: 2 Permit: SW8050108 Owner - Project: Mercer Building Company Inc Inspection Date: 08/11/2016 Inspection Type Compliance Evaluation Reason for Visit: Complaint 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? f®SWi7il Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ ❑ Comment: 1. The permittee has not submitted a copy of the recorded deed restrictions It is unknown if the deed restrictions were recorded or if they contain all of the required statements from the permit Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Yes No NA NE ❑ ❑ ❑ 1 A E Is the BUA (as permitted) graded such that the runoff drains to the system? 9 ❑ ❑ ❑ Comment: 2. The permittee will need to verify that no lot has exceeded its maximum QUA limit as specified in the permit. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ upon request? Comment: Yes No NA NE 0 ❑ ❑ ❑ L. J ❑ ❑ ❑ Yes No NA NE 10 ❑ ❑ ❑ Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ID ❑ ❑ Comment: 3. The permittee has not certified that the proiect's stormwater controls and impervious areas have been constructed within substantial compliance of the approved plans and specifications 4. The permittee changed thier mailing address in 2006 and merged their corporation with Mercer Building & Design Inc Borh of these changes required that the permittee ndfify the Division 5. If the subdivision meets the requirements of SL 2011-256 the permittee should initiate a request to transfer the permit to the HOA, once all of the compliance issues have been addressed page: 3 STATE OF NORTH CAROLM Depa tMa;t of Bnvnro� and Natural Resom= 127 Cardai Drm Rommm Wigton, North Carallua 28405 (910) 796 7215 FILE AQCM REQOJRD SBMON ; L ICA TIAiyATE NA YM 13 1 nl Gmrielx = farAwess: The staff of WM64 on Re&W Me is dedicated to making public retards in ovr custodyre 4 avaZ61al to tho pub& forreview and oo"fn& We also lava tbAresp%dik to 1ho pablic to safeguard these records and to cagy oat: our day -today program. 6Wow- Phase read Gay-MlytheWowingguide&M sipfngthe fator.: Do to to lTegepublie d nd for fife accm, n rK=tih4you wl at Iowa clay an adwaw to whadals as appdaf meat to review the fides. A.MaxatmenfgwjM he sc dined pe eelt 9i0ii aatd 3cOt}pm� Ww sae w& ai 4: m, wane w�qut an_ agoi_aueat ma'syjowA6 Bias to the extent bAt time ad siadisrutiesvisiog fs ay bie. 2 Youn aispeci0j ides yorrvent to rovia-W by hd &Ena& The number offWthatym myrevzew at oueiae WMbe lstfted to fxm 3. You =ymab coples of f'aa wVhm the copieris not ft twbythe sftfandiffte pe mts. Cost per cagy is $.05 cents. PnYMM—t may Tie �e b-V check money -Order, or cask at the re lion desk flnfes totaling 00 or mare 2a be iuokecl for mum eonyaieuee. 4- MM MM BE EMTIN 2RM YOU MM 'ilk£ `FIIes mayziotbe %kw from &e of, - To r vo� alters de&ae, mnffle, or destroy material in one of these Ma is a. man aF for vah%ch you can he fined up to $500.00. No l76fr sea for a;� toles, at. are - aedin the filerewiew arm. . In woordauce W& G a'al SWo 25 3-512, a $25.00•proowhg fee will be &wg�i and tollaeted for shacks on wlx%cb paymat leas beau reihsed PAM=NAMB 4D 1 V 3 . 4 '' coo sipatore an.dNow OfFnMIBMd-ft s Date Tbaln. Th - Oat Please 4W)k abu*=curdto ftfim COPIBSIMADE_ PAD 111,11VaSCE_-- ---