The URL can be used to link to this page

Home My WebLink AboutSW8060122_COMPLIANCE_20141020STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 Q U 0 k 22 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE 20 k 4 10 2 U YYYYMMDD ATA NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 20, 2014 Harold C. Morton, President Morton Farms, Inc. 199 Country Club Blvd. Jacksonville, NC 28540-9376 Subject: Notice of Inspection — Compliant Rock Creek Section IX Permit No. SW8 060122 Onslow County Kavi E. Morton, Vice-president Morton Farms, Inc. 123 Rock Creek Drive, South Jacksonville, NC 28540 John E. Skvarla, III Secretary Effective August 1, 2013 the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On October 1, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Rock Creek Section IX in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 060122 issued on March 15, 2006. DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. Please note that the Division requested a copy of the recorded deed restrictions on July 24, 2014, but no response to that request has been received. The DEMLR was able to download a copy of the recorded deed restrictions from the Onslow County Register of Deeds on-line services on October 17, 2014. Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the enforcement.of the per lot BUA limit specified in the permit. Violations of the Stormwater Management Permit or the stormwater rules may be subject to the assessment of civil penalties of up to $25,000 per day per violation. If the project has changed its name, ownership (including transfer of the permit to the HOA), or mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes. Please include the name, mailing address and phone number of the person or entity that is now responsible for this permit on the completed and signed Name/Ownership Change form. Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: (910) 350-2004 Messrs. Morton & Morton Permit No. SW8 060122 October 20, 2014 If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at Iinda.lewis(ZDncdenr.gov. Sincerely, � k'v Linda Lewis Environmental Engineer III Enc: Compliance Inspection Report GDS\arl: G:\WQ\Shared\Stormwater\Permits & Projects\2006\060122 LD\201410 CEI_compliant 060122 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 Compliance Inspection Report Permit: SW8060122 Effective: 03/15/06 Expiration: Project: Rock Creek Section IX Owner: Morton Farms Inc County: Onslow Adress: Gum Branch Rd Region: Wilmington City/State/Zip: Jacksonville NC 28540 Contact Person: Harold C Morton Title: President Phone: 910-324-3022 Directions to Project: From intersection of NC 24 and US 17 in Jacksonville, west on NC 24 aprox. 7.3 miles to NCSR 1316 (Rhodestown Rd.), right on Rhodestown Rd. approx. 2.4 miles to Cross Creek Dr., left on Cross Crk, Dr., site is on left. Type of Project: Slate Stormwater - Low Density Drain Areas: 1 - (NEW RIVER) (03-05-02 ) (C;NSW) On -Site Representative(s): Related Permits SW8100709 Morton Farms Inc- Holly Grove of Rock Creek Section I and II SW8030407 Morton Farms Inc- Rock Creek Section VIII SW8890202 Morton Farms Inc - Rock Creek Section VI SW8000809 Morton Farms Inc - Rock Creek Section VII-A Inspection Date: 1010112014 Entry Time: 04:25PM Exit Time: 05:OOPM Primary Inspector: Alicia R Lewis Phone: 910-796-7215 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ® Compliant ❑ Not Compliant Question Areas: ® State Slormwater (See attachment summary) page: 1 permit SW8060122 Owner - Project: Morton Farms Inc Inspection Date: 10/01/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: Although the permittee did not provide a copy of the recorded deed restrictions, the DEMLR was able to locate and download a copy. The BUA per lot in the recorded document is less than what the permit allows. The permittee may want to consider filing an amendment to increase it to the permitted maximum. The swales are in good condition considering the age of the project. The permittee needs to provide continued oversight to the HOA to ensure that a review of the proposed lot plans for compliance with the restrictive covenants and the BUA per lot limit, is being conducted and that all additions to existing lots are also reviewed for compliance. The subdivision was developed after July 1, 1999 and is comprised of more than 20 lots, so the requirements of the planned community act most likely apply. The requirements of Session Law 2011-256 must be met in order to transfer the permit to the HOA. page: 2 r Permit: SW8060122 Owner - Project: Morton Farms Inc Inspection Date: 10/01/2014 Inspection Type Compliance Evaluation Reason for Visit Routine File Review Yes No NA NE Is the permit active? ® ❑ ❑ ❑ Signed copy of the Engineers 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: 1. On July 24 2014 the Division requested that the permittee submit a copy of the recorded deed restrictions. The permittee has not vet provided a response to that request. In the meantime. the Division downloaded a copy from hte Onslow County Register of Deed on-lin portal. They were recorded on September 18, 2006, in DB 2732 at Page 283. 2. The permitted maximum BUA limit in the permit is 6,733 sf, however, the recorded document has 6,546.9 sf. This is not a compliance problem but if any of the lots have overbuilt, they might be OK if the covenants were amended to the larger permitted amount. SW Measures Yes No NA NE 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 Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ® ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ® ❑ ❑ ❑ DWQ upon request? Comment: 3. The roadside swales were in good condition. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ® ❑ ❑ ❑ Comment: 4 The oermittee's failure to respond to teh Division's July 24 2014 letter is of concern. The permittee is subject to enforcement action for not Providing the requested information or a written response of some kind, in a timely manner. 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 ® ❑ ❑ ❑ ® ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? ® ❑ ❑ ❑ Comment: 5 There are many large homes in this neighborhoodwith a generous BUA allocation of over 6500 sf. Without access to the backyards it was difficult to iudge if the BUA had been exceeded. Prior to turnover to the HOA the permittee must verify that no lot has exceeded it's maximum BUA allocation. page: 3