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SW8021215_HISTORICAL FILE_20060413
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Qbl2 rp DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD � 1 April 13, 2006 Mr. Edward Heath Clark, Manager Bill Clark Homes of Wilmington, LLC 430 Eastwood Road Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 021215 Village at Mariner's Pointe Low Density Subdivision Brunswick County Dear Mr. Clark: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality The Wilmington Regional Office received a complete, modified Stormwater Management Permit Application for the Village at Mariner's Pointe on March 30, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 021215 Mod., dated April 13, 2006, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency .permit that may be required. Please add the enclosed approved plans to the previously approved plans received on March 7, 2003. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at (910) 796-7215. Sincerely,, -V Edwar ec� Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWATER\PERMIT\021215.apr06 cc: Robert Balland, P.E., WK Dickson Delaney Aycock, Brunswick County Inspections NCDOT Division Engineer Linda Lewis Wilmington Regional Office Central Files 0., N''o�nnCarolina �vaturat(y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: wxw.nc%vateroualitv.ore Fax (910)350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit No.SW8 021215 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Edward Heath Clark & Bill Clark Homes of Wilmington, LLC Village at Mariner's Pointe Oakcrest Drive off NC 133, Southport, Brunswick County FOR THE construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for Village at Mariner's Pointe. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS Each of the 133 lots is limited to a maximum of 2,645 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. ProJ'ects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. Page 2 of 5 State Stormwater Management Systems Permit No.SW8 021215 II. SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 021215, as issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot is 2,645 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 5. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. Page 3 of 5 State Stormwater Management Systems Permit No.SW8 021215 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. 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, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. Stormwater conveyances must be located in either dedicated right-of-way (public or private), recorded common areas or recorded access and drainage easements. The final plats for the project will be recorded showing all such rights -of -way, easements and common areas, in accordance with the approved plans. Page 4 of 5 State Stormwater Management Systems Permit No.SW8 021215 III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Director approves the permit transfer request, including transfers to third parties such as a home owner=s association. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 13th day of April 2006. NORTH PAOLINA ENVIRONMENTAL MANAGEMENT COMMISSION ------ - L-2 - ------------------------------------------ for Alan W. Klimek„ P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 021215 Page 5 of 5 OFFICE USE ONLY • • fii'��f/�1Ji �rl�Z9 Gr--2 "1g85 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION: 1. Applicant's name (specify the name of the corporation, individual, etc. who owns the project): Bill Clark Homes of Wilmington, LLC 2. Print Owners/Signing Official's name and title (the person legally responsible for facility and compliance): Edward H. Clark, Manager 3. Mailing Address for person listed in item 2 above: 430 Eastwood Road City: Wilmington State Telephone Number: 910-791-6707 We Zip: 28403 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): l Village at Mariners Pointe (&4h SWeef � VJ 112ge / 5. Location of Project (street address): Adjacent Sea Pines Subdivision — Oakcrest Drive off 133 near Southport City: Smithville County: Brunswick 6. Directions to project (from nearest major intersection): From the intersection of NC Hwy 211 & NC Hwy 133 (Long Beach Road) travel south on 133 for approximately 0.75 mi. to Sea Pines Drive. Turn right on Sea Pines, Left on 4's Street. 4 s Street will end at entrance to site 7. Latitude: 033°56'00"N Longitude: 78°03'00"W 8. Contact person who can answer questions about the project: Name: Tim Clinkscales PE II. PERMIT INFORMATION: 1. Specify whether project is (check one) New Telephone Number: Renewal of project 10) 791-6707 X Modification Form: SWU-101 Version 3.99 Page 1 of 2' If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number SW8 021215 and its issue date (if known) March 7�', 2003 3. Specify the type of project (check one): X Low Density _High Density _Redevelop _General Permit _ Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sediment/Erosion Control 404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Low Density 3:1 roadside swales 2. Stormwater runoff from this project drains to the Cape Fear River basin. 3. Total Project Area: 45.33 Acres 4. Project Built Upon Area: 24.0 % 5. How many drainage areas does the project have? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the woiect, attach an additional sheet with the information for each area provided in the same format as below. Basin Information " Drainage Area Total DA #1 Receiving Stream Name Calf Gulley Creek Calf Gulley Creek Receiving Stream Class SC,SW HQW SC,SW HQW Drainage Area 45.33 acres 45.33 acres Existing Impervious* Area N/A N/A Proposed Impervious* Area 10.89 acres 1 10.89 acres Impervious* Area (total) 1 24.0% 1 24.0% Impervious* Surface Area Dramage'Basin Total DA#1 On -site Buildings 351,910 sf 351,910 sf On -site Asphalt 122,458 sf 122,458 sf On -site Parking 0 sf 0 sf On -site Sidewalks 0 sf 0 sf Other on -site 0 sf 0 sf Off site 0 sf 0 sf Total: 474,368 sf 474,368 sf * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. 7. How was the off -site impervious area listed derived? N/A Form: SWU-101 Version 3.99 Page 2 of IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, out parcels and future development prior to sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built upon area for each lot must be provided as an attachment. The following covenants are intended to ensure ongoing compliance with state management permit number as issued by the Division of Water Quality. Thcse covenants my not be changed or deleted without the consent of the State. 2. No more than 2645 square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface ofswimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runofffrom out parcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable item required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form (s) listed below must be submitted for .each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin SupplementForm SWU-109 Innovative Best Management Practice Supplement Form: SWU-101 Version 3.99 Page 3 of 4 �I. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management: • Two copies of plans and specifications, including: - Development/Project name Engineer and firm Legend North arrow Scale Revision number & date Mean high water line Initials -rcle— -rc C— C- Dimensioned property/project boundary Location map with named streets or NCSR numbers Original contours, proposed contours, spot elevations, finished floor elevations Details of roads, drainage features, collection systems, and stormwater control measures Wetlands delineated, or a note on plans that none exist Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations Drainage areas delineated - Vegetated buffers (where required) VI. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): Paramounte Engineering, Inc Mailing Address: 127 Racine Drive, Suite 202 City: Wilmington State: NC Zip: Phone: (910)791-6707 Fax: (910)763-4517 VIII. APPLICANT'S CERTIFICATION 28403 I, (print or type name ofperson listed in General Information, item 2) Edward H. Clark, Manager certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recor proposed project complies with the requirements of 15A NCAC Signature: Date: Form: SWU-101 Version 3.99 Page 4 of 4 Compliance Inspection Report Permit: SW8021215 Effective: 04/13/06 Expiration: Project: Village at Manners Pointe (formerly Sweet Bay Village) Owner: Bill Clark Homes Of Wilmington LLC County: Brunswick Region: Wilmington Adress: Cherry Laurel Lane Off 133 Long Beach Rd Behind Sw8 941206 Off Faith Blvd City/Slate/Zip: Southport INC 28461 Contact Person: Edward H Clark Title: Phone: 910-350-1744 Directions to Project: From the intersection of INC Hwy 211 and INC Hwy 133 (Long Beach Road), travel South on 133 for approx. 0.9 mi. to Faith Blvd. Turn right on Faith Blvd. and follow it to Frying Pan Road. Turn left on Frying Pan Rd. -turns into Cherry Laurel Lane. Type of Project: State Stonmwater- Low Density Drain Areas: 1 - (Polly Gully Creek) (03-06-17) ( SQSw,HOW) On -Site Representalive(s): Related Permits: SW8131212 Carter Chappell LLC - The Cottages at Mariners Pointe SW8941206 Mariners Pointe Community Association Inc - Mariners Pointe Community Inspection Date: 08/17/2016 Entry Time: 12:15PM Exit Time: 1230PM Primary Inspector: Aide R Lewis Phone: 910-796-7215 Secondary Inspector(s): Reason for Inspection: Other Permit Inspection Type: State Slormwaler Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: ■ State Stormwater (See attachment summary) Inspection Type: Transfer Renewal page: 1 1 Page I of 1 North Carolina Elaine F. Marshall DEPARTMENT OFT14E Secretary SECRETARY OF STATE Corporations *Corporations Home *Important Notice °Corporate Forms/Fees OCorporations FAQ *Tobacco Manufacturers •Dissolution Reports *Non -Profit Reports *Verify Certification *Online Annual Reports •KBBE B213 Annual Reports Links °Secretary Of State Home •Register for E-Procurement *Dept. of Revenue Legislation 01999 Senate Bills 02001 Bill Summaries *Annual Reports 1997 *Corporations 1997 •Other Legislation Search •By Corporate Name •For New Corporation *By Registered Agent Online Orders •Start An Order *New Payment Procedures Contact Us •Corporations Division *Secretary of State's web site Print *Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919)B07-2000 Date: 4/13/2006 Click here to: View Document Filings I Print apre-populated Annual Report Form I Annual Report Count I Fill an Annual Report I Corporation Names Name Name Type NC BILL CLARK HOMES OF Legal WILMINGTON, LLC NC BILL CLARK CONSTRUCTION COMPANY, Prev Legal LLC WILMINGTON, NC Limited Liability Company Information SOSID: 0364516 Status: Current -Active Date Formed: 3/10/1995 Citizenship: Domestic State of Inc.: NC Duration: 1/1/2025 Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address .Principal Mailing Address: Clark, William H 200 Arlington Blvd Ste R Greenville NC 27834 200 Arlington Blvd Ste R Greenville NC 27834 430 Eastwood Rd., Ste. 100 Wilmington NC 28403 430 Eastwood Rd., Ste. 100 Wilmington NC 28403 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?Pitemld=4827491 4/13/2006 LIMITED LIABILITY COMPANY ANNUAL REPORT SOSID: 0364516 Date Filed: 4/10/2006 2:47 PM Elaine F. Marshall North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: Bill Clark Homes ofWilinington, LLC STATE OF INCORPORATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: 0364516 FEDERAL EMPLOYER ID NUMBER: 561913557 NATURE OF BUSINESS: Construction REGISTERED AGENT: Clark, William H IZEGIS1'ERED OFFICE MAILING ADDRESS: 200Arlington Blvd Ste R Greenville, NC 27834 REGISTERED OFFICE STREET ADDRESS: 200 Arlington Blvd Ste R Greenville, NC 27834 County: Pitt PRINCIPAL OFFICE TELEPHONE NUMBER: (910) 350-1744 PRINCIPAL OFFICE MAILING ADDRESS: 430 Eastwood Rd., Ste. 100 Wilmington, NC 28403 PRINCIPAL OFFICE STREET ADDRESS: 430 Eastwood Rd., Ste. 100 Wilmington, NC 28403 MANAGERS/MEMBERS/ORGANIZERS: William H. Clark Title: Member 200 E. Arlington Blvd. Ste. R Greenville, A'C 27858 Jimmy Humphrey Title: Manager 200 E. Arlington Blvd. Ste. R Greenville, A'C 27858 William 11. Clark Jr. Title: Member 200 E. Arlington Blvd. Ste. R Greenville, NC 27858 Jason Prescott Title: Manager 200 E. Arlington Blvd. Ste. R Greenville, NC 27858 t Edward H. Clark Title: Member 200 E. Arlington Blvd. Ste. R Greenville, NC 27858 Jinn Migliore Title: Manager 200 E. Arlington Blvd. Ste. R Greenville, NC 27858 Lance L. Clark Title: Member 200 F. Arlington Blvd. Ste. R Greenville, NC 27858 Soya Culler Title: Manager 430 Eastwood Rd. Ste. 100 Wilmington, NC 28403 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES Jimmy Humphrey FORM MUST 13E SIGNED 13Y A MANAGER/MEMBER Jimmy Humphrey 4/10/2006 DATE Manager/Member TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT 17EE: E-Paid Secretary of State • Corporations. Division • Post Office Box 29525 • Raleigh, NC 27626-0525 7WK 7DCKSON community infrastructure consultants 13 February 2006 Mr. Cameron Weaver N. C. Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 �\ RE: Sweet Bay Express Review Brunswick County, North Carolina WKD Project Number 50200.00.WL Dear Mr. Weaver: 5XIX ESS- LL 443-tom Enclosed are two copies of the following documents in support of an express review for the referenced project. • Check in the amount of $1,000.00. • Financial Responsibility/Ownership Form • Stormwater Management Narrative • Stormwater Management Calculations • Erosion Control Narrative • Quad Sheet • , Property Deed • Project Plans If you need additional information, please feel free to call. Sincerely, W. K ICKSON & CO., Robert P. Balland, PE /ej Enclosure: As noted cc: Patrick Adams, Bill Clark Homes of Wil 909 Market Street Wilmington, NC 28401 Tel. 910.762.4200 Fax 910. 762.4201 www.wkdickson.com i ZOOS North Carolina • South Carolina • Georgia • Florida STATE OF NORTH CAROLENA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD SECTION _Surface Water Protection TIME/DATE 3�� yob (� : rAS�°M� NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form 1. Please call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3.00pm Viewing time ends at 5:00pm. Anyone arriving without an appointment may view the tiles to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Copies of 25 or less are free. 26 or more require payment in full for all copies made at 10 cents a copy: payment may be made by check, money order, or cash at the reception desk. Copies can also be invoiced for Your convenience 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1. �LI�04 Yi 8d 2. �U�L- �., _ k=R1'94v/3o 3. 4. 5. ry Signature and Name of Firm/Business Date Time In Please attach a business card to this form COPIES MADE PAID Invoice 10707 Time Out I [Fwd: Mariner's Point & Sweet Day] Subject: [Fwd: Mariner's Point & Sweet Bay] From: Linda Lewis <linda.lewis@ncmail.net> Date: Wed, 15 Mar 2006 14:30:24 -0500 To: Robert Ballard <rballand@paramounte-eng.com> Mr. Balland: I haven't received any response to the attached email, sent to you on February 15, 2006. Is this still your project, or should I be contacting someone at WK Dickson? Linda Subject: Mariner's Point & Sweet Bay From: Linda Lewis <linda.lewis@ncmail.net> Date: Wed, 15 Feb 2006 11:33:00 -0500 To: Robert Balland <rballand@wkdickson.com> CC: Cameron Weaver <Cameron.Weaver@ncmail.net> Mr. Balland: In reviewing these applications, it is apparent to me that the permits will have tc be rewritten to account for the decrease in the number of lots. whenever permits have to be rewritten, a permit modification is required. In the pre -application meeting, I was under the impression that the built -upon area was being reallocated, but that the number of lots was not changing. Since the number of lots is changing, a permit modification is required. Please revise these applications from plan revisions to permit modifications, and contact Cameron Weaver to reschedule the express review dates. Please also address these issues: 1. A copy of the recorded deed restrictions for Sweet Bay Village has not been submitted. Neither a plan revision nor a permit modification can be issued until those covenants are duly recorded and a copy is sent to the Division. 2. Address the new ownership of Mariner's Point by Bill Clark Homes and the dropping of one lot by completing a new application. Include a signed curb outlet supplement for the permitted swale system, and revised swale calculations that take the additional drainage area and BUA for that portion of the new road that will drain into the Mariner's Point project into account. 3. Is Sweet Bay village still owned by Fred Hathaway of Sweet Bay village, LLC? The application to modify the permit for Sweet Bay to add the road and drop 2 lots will need to be signed by the current owner/developer. Linda Mariner's Point &Sweet Bay Content -Type: message/rfc822 Content -Encoding: 7bit I of 1 3/15/2006 2:40 PM NCDENR North Carolina Department of Environment and Natural Resources 127 Cardinal Drive, Wilmington NC 28405 (910) 395-3900 FAX (910) 350-2004 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX or email to Cameron. Weaver(a)ncmail.net along with a narrative and vicinity map of the project location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name Patrick Adams Company Bill Clark Homes Address 430 Eastwood Road City/State Wilmington _Zip 28403 County New Hanover Phone 910-350-1744 Fax 910-350-1339 Email oatrick(a)billclarkhomes.com PROJECT Name Mariners Point & Sweet Bav Road Connection PROJECT SYSTEM(S) TRIBUTARY TO (STREAM NAME) Calf Gulley Creek RIVER BASIN C.F. ENGINEER/CONSULTANT Robert P. Balland PE Company WK Dickson Address 909 Market Street City/State Wilmington NC Zip 28401 County N.H. Phone 910-762-4200 Fax 910-762-4201 Email rballand(a)wkdickson.com State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑ Yes ® No ❑ STREAM ORIGIN Determination; # of stream calls; Stream ® STORMWATER ® Low Density ❑ High Density -Detention Pond ❑ High Density -Other Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site ❑ COASTAL MANAGEMENT ® LAND QUALITY ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Erosion and Sedimentation Control Plan with 15.4 acres to be disturbed. WETLANDS (401) Wetlands on Property ® Yes ❑ No Isolated Wetlands on Property ❑ yes ® No Check all that apply Wetlands Will Be Impacted ® Yes ❑ No Wetland Impacts: .073 Acre(s) Wetlands Delineation has been completed ® Yes ❑ No ❑ Buffers Impacted: Acre(s) USACOE Approval of Delineation completed ® Yes ❑ No 404 Application in process w/USACOE ❑Yes ®No I Permit received from USACE ❑Yes ❑No 401 Application required ❑Yes ® No If Yes, ❑ Regular ❑ Express ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee Split for multiple permits: SW $ CAMA $ LQS $ 401 $ Total Fee Amount $ BILL CLAKK riU1v1EZ!) 430 EASTWOOD ROAD WILMINGTON, NC 28403 (910) 3 50-1744 VICINITY MAP NOT TO SCALE f' Stormwater Management Narrative Sweet Bay Village Subdivision Brunswick County, NC January 31, 2006 ,,`H�111�IIIIIp�N, ess (� SEAL ' 03 59 2� 13 INE'_ p�S P. W. K. Dickson & Co., Inc. 909 Market Street Wilmington, North Carolina 28401 (910) 762-4200 \l '4 Stormwater Narrative "PLAN REVISION" Sweet Bay Village W K D#: 50200.00. W L January 31, 2006 GENERAL Sweet Bay Village (SW8 021215) is located off Sweet Bay Drive adjacent to Mariners Point Subdivision. The project was previously approved as low density development with less than 30% impervious surface. Bill Clark Homes of Wilmington, LLC (BCH) has recently purchased the subdivision with its infrastructure in place and building lots rough graded. BCH is proposing a connector road between this subdivision and Mariners Point, which they also own. The proposed road will not increase the overall impervious surface. BCH is requesting a plan revision since we are not increasing the permitted allocation of impervious surface. The construction of the proposed roadway will decrease the number of building lots in Sweet Bay Village by two. The following is a breakdown of the impervious surface: SWEET BAY IMPERVIOUS: EXISTING REMOVED - ROAD — 8,067 SF HOUSE — 5,000 SF TOTAL — 13,067 SF PROPOSED — 12,166 SF < 13,067 SF PROPOSED IMPROVEMENTS Proposed improvements will involve the construction of 324 LF of residential roadway connecting the two existing developments and the demolition of existing roadway. There will be 0.073 acres of wetland impacts within the limits of construction for the proposed roadway. We will be impacting less than one -tenth of an acre and will comply with ACOE nationwide permit #39 (no notification needed from the Corps if less than 0.1 acre) for roadway crossings. Within 30 days after completion of construction, we will notify the ACOE with our total impacts for the project. DRAINAGE CONSIDERATIONS The proposed road will include roadside swales to convey stormwater runoff. Silt fence and inlet control will be installed once clearing for the project limits are complete. Once the installation of the new 30 inch culvert is complete, the contractor shall install outlet control as shown on the plans. EROSION CONTROL NARRATIVE SWEET BAY VILLAGE (BR-03148) (PLAN REVISION) Hwy. 133 Brunswick County, NC January 31, 2006 W. K. Dickson & Co., Inc. 909 Market Street Wilmington, North Carolina 28401 (910) 762-4200 Areas to be disturbed: SWEET BAY DISTURBED AREA: Proposed roadway disturbed area: 0.78 acres Previously permitted disturbed area: 34.0 acres This project involves preparation of 324 LF of residential roadway connecting two existing developments and the removal of existing roadway. We are requesting a plan revision since no additional area is being disturbed and the proposed project limits fall within the existing limits of permit BR-03148 obtained for this project. The site is located along Sweet Bay Drive, off highway 133 in Brunswick County. The site slopes 1-2% and drains to the existing wetlands and Calf Gully Creek. There will be 0.073 acres of wetland impacts within the limits of construction for the proposed roadway. We will be impacting less than one -tenth of an acre and will comply with ACOE nationwide permit #39 for roadway crossings. EROSION CONTROL MEASURES: This project will primarily control erosion with temporary protection using silt fence, temporary construction entrance and roadside swales with sediment traps. The contractor shall install, maintain and remove, upon completion silt fence as necessary to prevent any sediment from leaving the project limits. This will include any temporary stockpile areas if necessary. Contractor shall clean and restore to pre -construction conditions any areas that may inadvertently be damaged due to the failure of the erosion control measures. SCHEDULING OF WORK: The temporary construction entrance and silt fencing will be installed as per the erosion control plan. All construction areas not otherwise protected shall be planted with permanent vegetative cover in accordance with the specifications within 15 working days of completion of any phase of grading. MINIMUM AREAS TO BE DISTURBED: Only those areas necessary for timely and proper completion of the project shall be stripped of native vegetation. The angle for graded sloped and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control devices or structures. Slopes left exposed will, within 21 working days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. PLACEMENT OF SEDIMENT CONTROL DEVICES: All devices (sediment fence, construction entrance, etc.) for sediment control shall be constructed prior to any development on the roadway. Slormwater Narrative Mariners Point (Formally Long Beach Point) & Sweet Bay Subdivision W K D#: 502 00.00. W L January 31, 2006 GENERAL Mariners Point Subdivision (SW8 941206), formally known as Long Beach Point is located along Highway 133 in Brunswick County. Sweet Bay Subdivision (SW8 021215) is located off Sweet Bay Drive adjacent to Mariners Point Subdivision. Each of these projects was previously approved as low density developments with less than 30% impervious surface. Bill Clark Homes of Wilmington, LLC currently owns both subdivisions and is looking to install a proposed connector road between each subdivision. The proposed road will decrease the overall impervious surface since it will reduce the number of building lots by three, two for Sweet Bay and one on Mariners Point. Mariners Point will now consist of 86 building lots and Sweet Bay will have 134 building lots. The following is a breakdown of the reduction in impervious surface: MARINERS POINT IMPERVIOUS EXISTING REMOVED - HOUSE - 2935 SF ROAD - 2914 SF TOTAL — 5,849 SF PROPOSED - 5457 SF < 5,849 SF SWEET BAY IMPERVIOUS: EXISTING REMOVED - ROAD - 8067 SF HOUSE - 5000 SF TOTAL — 13,067 SF NG BEACH POIN PROPOSED — 12,166 SF < 13,067 SF PROPOSED IMPROVEMENTS Proposed improvements will involve the construction of 885 LF of residential roadway connecting the two existing developments. There will be 0.073 acres of wetland impacts within the limits of construction for the proposed roadway. We will be impacting less than one -tenth of an acre and will comply with ACOE nationwide permit #39 (no notification needed from the Corps if less than 0.1 acre) for roadway crossings. Within 30 days after completion of construction, we will notify the ACOE with our total impacts for the project. DRAINAGE CONSIDERATIONS The proposed road will include roadside swales to convey stormwater runoff. Silt fence and inlet control devices will be installed once clearing for the project limits are complete. RECEIVED �+Fr MAY 1 1 2005 NCDENR BY: North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary May 10, 2005 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL7004 2890 0002 3425 2156 RETURN RECEIPT REQUESTED Fred Hathaway Sweet Bay Village 4850 Tobago Dr. Southport, NC 28461 RE: Project Name: Sweet Bay Village Project ID: Bruns-2003-148 County: Brunswick Compliance Deadline: 30 days from receipt Dear Mr. Hathaway: On May 6, 2005, personnel of this office inspected a project located on Oak crest Dr, in Brunswick County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land - disturbing activity of approximately 34 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations that were found are: A. Failure to conduct a land -disturbing activity in accordance with the provisions of an approved erosion and sedimentation control plan. 15 NCAC 4B .0113. Contractor has failed to provide ground cover on all exposed areas and has not provided maintenance on installed erosion control devices as required in the approved plan. B. Failure on a tract of more than one acre, when more than one acre is uncovered, to provide Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-395-3900 / FAX: 910-350-2004 Notice of Violations Fred Hathaway May 10, 2005 Page 2 of 3 permanent ground cover sufficient to restrain erosion on such exposed areas within 15 working days or 90 calendar days, whichever is shorter, after completion of construction or development. G.S. I I3A-57(3) and 15A NCAC 4B .0107(b). Ground cover has not been established on graded lots, roadside swales, or pond area. C. Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 1 13A-57(3). Silt fence and rock check dam have been undermined and sediment damage has occurred in the wetlands. D. Failure within 15 working days or 30 calendar days (whichever period is shorter) of completion of any phase of grading to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain erosion. G.S. 113A-57(2). Pond slopes and roadside swales have eroded badly, with gullies forming, due to the lack of groundcover. E. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures and facilities during the development of a site. 15 NCAC 4B .0113. The silt fence at the entrance of the property and continuing around the perimeter at wetlands has fallen and is damaged. The silt fence and check dams near the internal wetland area has been undermined and needs repaired. The silt fence around the pond is also in need of repair. To correct these violations, you must: 1. Conduct the land disturbing activities in accordance with the approved erosion and sediment control plan. 2. Provide adequate groundcover sufficient to prevent erosion on all exposed areas of the site. 3. Install the necessary erosion control devices to prevent sediment from impacting the wetlands. 4. Provide groundcover on all exposed slopes and roadside swales throughout project to prevent further damage. 5. Repair, monitor, and maintain all sections of silt fence and all check dams until the area is completely stabilized with vegetation. Please note that merely planting grass seed does not satisfy the requirements of"vegetative cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of grass or other ground cover (such as properly applied and secured, mulched seeding or appropriate rip -rap) is established which is, in fact, sufficient to restrain accelerated or y Notice of Violations Fred Hathaway May 10, 2005 Page 3 of 3 man-made erosion. The penalty for an initial violation could be an assessment of up to 55,000.00. A time period for compliance is not required for enforcement of this violation pursuant to NCGS I I3A-61.1(c) and NCGS 113A-64(a)(1). Therefore, the initial violation may be referred to the Director, Division of Land Resources, for appropriate action. Please be advised that if these violations are not corrected within 30 days of receipt of this notice, the Director, Division of Land Resources, will be requested to take appropriate legal action against you pursuant to NCGS 1 13A-64. That action could be the assessment of a civil penalty, and the amount maybe up to $5000 per day for each day of the violation. The penalty maybe assessed from the date of the violation, NCGS 113A-61(a)(1). If the violations are corrected within the time period specified for compliance, no further legal action will be pursued. Please be advised that any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that work can be inspected. You should not assume that the property is in compliance with the Act until we have notified you. After installation, all erosion control measures must be maintained in proper working order until the site is completely stabilized. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the Act please contact either Todd C Walton or me at your earliest convenience. Sincerely, Daniel Sams, PE, ME Regional Engineer Land Quality Section Enclosures: Sedimentation Inspection Report cc: State Sedimentation Specialist -Grey Hauser Regional Water Quality Supervisor —Ed Beck W IRO - LQS Case # NORTH CAROLINA DEPARTWENP OF ENVIRON114ENTAAO NATURAL RESOURCES LAND QUALITY SECTION 127/Cardinal Drive Eat.,Wilmington, NC 28405-3845 (910) 395-3900 17' .� Countv - elf Project: , �''{/y{i T�gy 4111, (. f _ River Basin 1 Person Financially Responsible:.-,-, ' '14,{�- _ Project# Address: _ 41F>' W /dlc-Y' 1. Project Location _ /7.>.✓/'.�f>" ji .p- Pictures: No ❑ Ye��LI. Prints ❑ Slides ❑ DigitSl•�� Video ❑ 2. 1Nteathcr and Soil Conditions 3. Is site currently' under notice of violation? les ❑ No�1� 4. Is the site in compliance with the STC.A. and the rules? Yes ❑ No'ZIi If no, check violations below: 5. Violations: ❑ a. No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0107(c) !❑.b. Failure to follow approved plan, G.S. 113A-61.1 c. Failure to submit revised plan, G.S. 113A-54.1(b) and 15A NCAC 413.0118(a) VUd. Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A NCAC 4B.0107(b) or 15A NCAC 4B.0124(e) Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ f. Failure to take all reasonable measures, 1SA NCAC 4B.0105 t 6. NPDGS Permit Violation? Y5SD> No ❑ Describe l�l/F? ❑ g. Inadequate buffer zone, G.S. 113A-57(1) ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2) or 15A NCAC 4B.0124(d) 6�11i. Unprotected exposed slopes, G.S. 113A-57(2) Failure to maintain erosion control measures, 15A NCAC 413.0113 ZJ k. Other (describe) 7. Has sedimentation damage occurred since last ipspection? Yesf� If yes, where? (check all that apply): No ❑ at Lake/nural watercourse on the tract " Lake/natural watercourse off the tract ❑ Other property, ❑ Description: 4�/G I'lerY/D.I ©/� �Jf70IJf ,07L� Degree of damage: Slight'M, NI(derate ❑ Severe ❑ S. Contact made with (Name) Allff- Tide Inspection Report given ❑ or sent QJ to Person Financially Responsible Date given/sent 9. Corrective actions needed: ' (S�� ,� �52: il�elt '{ /i�E JG%✓rl /kS/..r.ic .SYd.-1 Gie 7 ,S. "tL_ e,;rA,JfF/t r IAJ Report by: /i%ec/� (4-11lq / 1 Others present Date of Inspection: �S Time arriving at site: Time leaving site cc: RECEIVED AGFEB 1 5 2005 NCDENR BY: North Carolina Department of Environment and Natural Resources - Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary February 14, 2005 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL7004 2510 0001 8279 9830 RETURN RECEIPT REQUESTED Fred Hathaway Sweet Bay Village LLC 4850 Tobago Dr Southport, NC 28461 RE: Project Name: Sweet Bay Village Project ID: Bruns-2003-148 County: Brunswick Compliance Deadline: 30 days from receipt Dear Mr. Hathaway: On February 14, 2005, personnel of this office inspected a project located on Oak Crest Dr. in Brunswick County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (Act) of 1973. The inspection revealed a land -disturbing activity of approximately 34 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S. I I3A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations that were found are: A. Failure to conduct a land -disturbing activity in accordance with the provisions of an approved erosion and sedimentation control plan. 15 NCAC 4B .0113. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-395-39001 FAX: 910-350-2004 Notice of Violations Fred Hathaway February 14, 2005 Page 2 of 3 B. Failure on a tract of more than one acre, when more than one acre is uncovered, to provide a permanent ground cover sufficient to restrain erosion on such exposed areas within 15 working days or 90 calendar days, whichever is shorter, after completion of construction or development. G.S. 113A-57(3) and 15A NCAC 4B .0107(b). Failure to provide permanent groundcover on exposed areas of the site. C. Failure within 15 working days or 30 calendar days (whichever period is shorter) of completion of any phase of grading to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain erosion. G.S. 113A-57(2). Roadside swales are exposed and many areas have gullies forming in the banks. D. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures and facilities during the development of a site. 15 NCAC 4B .0113. The silt fence in many areas of the project has been damaged or has fallen and are in need of repair. To correct these violations, you must: 1. Conduct the land disturbing activity in accordance with the approved erosion and sedimentation plan. 2. Provide permanent groundcover on all exposed areas of the site. 3. Repair roadside swales and provide adequate groundcover to prevent damage from erosion. 4. Repair and maintain the silt fence throughout the site until necessary. Please note that merely planting grass seed does not satisfy the requirements of"vegetative cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of grass or other ground cover (such as properly applied and secured, mulched seeding or appropriate rip -rap) is established which is, in fact, sufficient to restrain accelerated or man-made erosion. The penalty for an initial violation could be an assessment of up to $5,000.00. A time period for compliance is not required for enforcement of this violation pursuant to NCGS 1 13A-61.1(c) and NCGS 1 13A-64(a)(1). Therefore, the initial violation may be referred to the Director, Division of Land Resources, for appropriate action. Please be advised that if these violations are not corrected within 30 days of receipt of this notice, the Director, Division of Land Resources, will be requested to take appropriate legal action against you pursuant to NCGS 113A-64. That action could be the assessment of a civil penalty, and the amount may be up to $5000 per day for each day of the violation. The penalty may be assessed from the date of the violation, NCGS 113A-61(a)(1). If the violations are corrected within the time period specified for compliance, no further legal action will be pursued. Notice of Violations Fred Hathawav February 14, 2005 Page 3 of 3 Please be advised that any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that work can be inspected. You should not assume that the property is in compliance with the Act until we have notified you. After installation, all erosion control measures must be maintained in proper working order until the site is completely stabilized. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this notice or the requirements of the Act please contact either Todd C. Walton or me at your earliest convenience. Sincerely, Daniel Sams, PE, ME Regional Engineer Land Quality Section Enclosures: Sedimentation Inspection Report Financial Responsibility Form Erosion Control Plan Checklist cc: State Sedimentation Specialist Regional Water Quality Supervisor WIRO - LQS Case # NORTH CAROLINADEPARTMFM!'OFFNVIRONMF.NTAND NATURAL RESOURCES LANDQUALITYSFCTION 127Cardina(Drive, E.et.,Wilmington, ArC28405-3945(910)395-3900 / Counn, l?•Ita7-5dw(ff Project: River Basin �..... haR Person Financially Responsible: ,5.., n-�� ..Y._C! G �� _ Project #;_ern Address: �lDiPsiO `T1ies S"q 1, - � ' 1. Project Location 0"'V <irh'i l'/>,C Pictures:' No ❑ 7csq' 2. Weather and Sod Conditions 3. Is site currently under notice of violation? Yes ❑ No ❑e 4. Is the site in compliance with the S.P.C.A, and the rules? Yes ❑ 5. Violations: ❑ a. No approved plan, G.S. 113A-57(4) and 15A NCAC 0.0107(c) ❑ g. L6b. Failure to follow approved plan, G.S.4130.64-1 /S ✓/He e7G ur,3 ❑ h. ❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and ISA NCAC 411.0118(a) �[ h -d. Failure to provide adequate groundcover, G.S. 113A-57(3) and ISA NCAC 413.0107(b) or 15A NCAC 4B.0124(c) ❑ e. Insufficient measures to retain sediment on site, C.S. 113A-57(3) ❑ k. ❑ f. Failure to take all reasonable measures, 15A NCAC 4B.0105,, 6. NPDES Permit Violation? Yes W No ❑ Describe Prints ❑ Slides ❑ Di ital Video ❑ No IFK If no, check violations below: Inadequate buffer zone, C.S. 113A-57(1) Graded slopes and fills too steep, G.S. 113A-57(2) or 15A NCAC 4B.0124(d) Unprotected exposed slopes, G.S. 113A-57(2) Failure to maintain erosion control measures, 15A NCAC 413.0113 Other (describe) ,e ✓e e=S 7. Has sedimentation damage occurred since last inspection? Yes ❑ If yes, inhere? (check all that applv): No, Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other to er , ❑ Description: Degree of damage: S. Contact made with (Name) Inspection Report given ❑ 9. Corrective actions needed: P P v Slight ❑ Moderate ❑ Severe ❑ N�h Title or sen{.Q;> to Person Financially Responsible Date given/sent i .�- Report bv�=_/r�,� �, � Others present Date of Inspection: __((� jQr "Mote arriving at site: 12pd Time leaving site: A cc: