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HomeMy WebLinkAboutSW8961109_HISTORICAL FILE_20111031STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 G11o110 °1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 20 it 10 31 YYYYMMDD Beverly Eaves Perdue Governor NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director October 31, 2011 Winding River Plantation Community Association, Inc. C/o Arthur Scureman, President of the Board of Directors 1630 Military Cutoff Road, Suite 108 Wilmington, NC 28403 Subject: Name Change / Ownership Change Winding River Master Plan Stormwater Permit No. SW8 961109 New Hanover County Dear Mr. Scureman: Dee Freeman Secretary On July 29, 2011, the Wilmington Regional Office received a request for the transfer of ownership of the Stormwater Management Permit for the subject project. Staff of the Division of Water Quality have inspected the project, determined that the documentation is in order, and the project is in compliance with the Stormwater permit requirements. As indicated on the Name/Ownership Change form, you have acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a copy of the approved plans and a copy of the required Operation and Maintenance agreement from the previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer form, you have accepted the responsibility for complying with the terms and conditions outlined in this permit. If you need additional copies of the permit, or copies of the approved plans, please contact the Division of Water Quality in the Wilmington Regional Office at the phone number below. A copy of the revised permit is attached. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010- 177 which grants an extra year for a total of four (4) years extension. The original expiration date of October 30, 2011, has now been extended to a new expiration date of October 30, 2015. Please be aware that the project's built -upon area and stormwater controls must be built and maintained in compliance with the permit documents and the approved plans. Maintenance of the approved system shall be performed in accordance with the Operation and Maintenance agreement. Any modifications to this project must be submitted to the Division of Water Quality and approved prior to construction. The issuance of this approval does not preclude you from complying with all other applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call David Cox or me at (910) 796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality GDS/ dwc: S:\WQS\Stormwater\Permits & Projects\1 996\961109HD\201 1 10 permit 961109 cc: Jay Houston Brunswick County Building Inspections Patrick Rondeau Wilmington Regional Office File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1.877s23 6748 NorthCarcoli na Internet: vrrvvv.ncvvaterquaIny.org �atur2ily An Equat Opportunity 1 Affirmative Action Employer October 31. 2011 Winding River Plantation Master Plan Permit # SW8 961109 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH 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 Winding River Plantation Community Association, Inc. Winding River Plantation Master Plan Brunswick County FOR THE construction, operation and maintenance of 6 detention ponds and a curb outlet system 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. This permit shall be effective from the date of issuance until October 30, 2015 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. This low density subdivision is permitted for the following built -upon area limits: 425 lots with 5,000 ft2; 341 lots with 8,000 ft2; 264 lots with 6,500 ft2; 6.32 acres for multi -family; 70.99 acres in commercial development, Tract H with 13 lots @3,400 square feet each, roads, clubhouse, amenities, maintenance and WWTP facility. See the development data tables on the 10-30-2001 approved Master Plan for specifics. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW8 961109 2. Project Name: Winding River Plantation Master Plan 3. Current Permit Holder's Company Name/Organization: Bluegreen Carolina Lands, LLC 4. Signing Official's Name: PartrickA Rondeau Title: Vice -President 5. Mailing Address: 6060 North Central Expressway, Suite 138 City: Dallas State: TX Zip: 76006 6. Phone: 5( 61 ) 912-8000 Fax: ( ) II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATiIONi :CF' EF ] This request is for: (please check all that apply) JUL 2 9 2011 ✓ Name change of the owner (Please complete Items 1, 2 and 3 below) ✓ Name change of project (Please complete Item 5 below) j� — «—--- ✓ Change in ownership of the property/company (Please complete Items 1, 2-3, and 4 below) ✓ Mailing address / phone number change. (Please complete Item 4 below) Other (please explain): 1. Proposed permittee's company name/organization: Winding River Plantation Community Association, Inc. 2. Proposed permittee's signing official's name: Arthur Scureman 3. Proposed permittee's title: President of the Board of Directors 4. Mailing Address:1630 Military Cutoff Road, Suite 108 City: Wilmington State: NC Zip: 28403 Phone: (910 ) 755-7020 Fax: (910) 755-7025 5. New Project Name to be placed on permit: Winding River Plantation Phases I and II Master Please check the appropriate box. The proposed permittee listed above is: ❑� HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev15Feb2011 Page 1 of 4 III. REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. !This certification must be completed and slgned'by both: the 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑✓ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, PatrickH. Rondeau, V.P. BluegreenCaolinaLands, LLC -,the current permittee, am submitting this application for a transfer of ownership for permit # Bwe961109. I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot approved b he DWQ unless and until the facility is in compliance with the permit. // _] Signature: I, /' J y/dn u P.0 , a Notary Public for the State of assa eh USe t f County of ' dRerhs A, rt.v— , do hereby certify that gibed-c/ U f" personally appeared before me this the 0-/Ifday of VWN-C� 20 / ! , and acknowledge the due execution of the forgoing instrument. Witness my hand and offfii/t'al seal, (Notary Seal) tary SignatureC� CONSTNo ryEP P. MANUEI JUG i 2A� A . com MY co M °oWm Ejq*es ° SSW N/O Change Rev15Feb2011 Pagelof 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) Arthur Scureman , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) ❑✓ the most recent permit ❑✓ the designer's certification for each BMP .. ❑✓ any recorded deed restrictions, covenants, or easements ✓❑ the DWQ approved plans and/or approved as -built plans ❑✓ the approved operation and maintenance agreement ®✓ ✓ past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this applicatio are not completed or II required supporting information and attachments listed above are n ded, 's plic do package will be returned as incomplet . Signature: Date: 1, GO/ 6fr nCE c%. usse/i a Notar ublic for the State of �.f/ ei9ro/.is County of do hereby certify that %i¢hur Scurerr� 9.� personally appeared before me this the , /5y day of L/✓ , 20 it ,and acknowledge the du wui �e, N7�g'ffwjm( forgoing instrument. Witness my hand and official seal, sF�l. �OVAR-r Notary-1 ignature (Notary Se$I)0) OUGO Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document..Both the lessee / developer -and -the -property owner will appear on the permit as permittees. C.ETVED I JUL 2 8 Nil SSW N/O Change Revl5Feb2011 Page 3 of 4 /. VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: (if different from street City: Phone: Email State: State: Fax: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: a Notary Public for the State of County of do hereby certify that personally appeared before me this the day of ; 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Revl5Feb2011 Page 4 of 4 �2ECEI'VED JUL 2 8 2011 BY: HOUSTON and ASSOCIATES, P.A. C-0636 Consulting Engineers SHALLOTTE, NORTH CAROLINA 28459 117 Pine Street Post Office Box 627 layhouston@atmc.net Ms. Linda Lewis, Environmental Engineer II NCDENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Telephone (910) 754-6324 Facsimile (910) 754-2121 cellular: (910) 200-0200 Monday, July 25, 2011 Subject: Winding River Plantation - Final Stormwater Certification (Revised) Transmittal of Updated Permit Transfer Forms Phases I and II Master - SW8 961109 Clearwater Place - SW8 970936 LBY:---' IVED Phase III Master - SW8 990201 Amenity Center - SW8 990453 2011 Sections S1 and S2 - SW8 000502 Winding River Golf Clubhouse - SW8 970850 MOD, Dear Linda: Enclosed are two (2) revised copies of the composite Overall Stormwater Plan. for Winding River Plantation which should be considered as the final record drawing for the entire project. We had formerly provided a final certification of the subject permits in a letter dated November 1, 2007 to you with the original composite overall map. This present revised drawing is the result of several years of additional work, including meetings with your office, representatives of the developer, and the Winding River Plantation POA and its representatives, to ensure that th:; project is properly documented for the transfer of the applicable stormwater permits from the Developer, ("Bluegreen" in its several forms over the development period), to the POA.. With the assistance of the POA and some of its dedicated board members and stormwater committee representatives, we have been able to perform additional inspections and to agree on the enclosed Overall Stormwater Platt which represents the current state of the stormwater treatment and runoff mitigation facilities for the project. The Winding River Golf Clubhouse permit, SW8 970850, will not be transferred to the POA. hn a March 9, 2011 email, Ms. Joan Page, of the POA management group, outlined 16 additional deviations which the POA believed existed following an inspection by the board and its representatives. A subsequent joint inspection with representatives of the POA and myself revealed that there were actually only six (6) additional items which should be included in the deviations listed in the original certification letter of November 1, 2007. A new swale was ' constructed to replace a missing swale and.a Swale was restored that had been modified by piping a portion of it. Most, if not all of the total list of exceptions, have been known by DWQ staff for some time. Ms. Lewis Page Two Winding River Plantation July 25, 2011 Rev'd Storm*ater Certification In the interest of clarity and for future reference, I have included these additional deviations into the total list and have revised the enclosed Overall Stormwater Plan as follows: Exceptions to Certification by Phase and Section: Note: Bold = new exception from November 1, 2007 certification Phase 1-A/ Section C SW1 - Not in place SW53 - 33 feet behind curb, swale has been piped with 119 feet of 12'' HDPE SW49 - Not in place Phase 1-A/ Section E SW36 Not in place Phase 1-A/ Section F SW42 - Not in place. SW43 - Not in place Phase 1-13/ Section J SW6. - 5 feet behind curb, swale has been piped with 33 feet of 18" HDPE SW7 - 8 feet behind curb, swale has been piped with 160 feet of 15" HDPE SW8 - Not in place SW9 - Not in place SW10 - 19 feet behind curb, swale contains a drop inlet box with 136 feet of 12" HDPE to edge of wetlands SW 17 - Moved down opposite S21 - new construction. SW19 - Not in place SW20 - Not in place SW23 - Not in place Phase 1-13/ Section L . SW26 - Labeled and exists between Lot 6 and Lot 7 Phase 1-13 / Section M SW18 - Not in place - treated in SW21 SW 19 - Not in place SW20 - Not in place SW23 - Not in place SW28 - Not in place Phase 1-13/ Section N SW5 - Labeled and shown on plan between Lot 12 and Lot 13 is not a deviation or exception Phase 1-13/ Section O SW1 2 feet behind curb, swale has been piped with 131 feet of 18" HDPE into junction box. 185" if .18" HDPE leaves box at 90Q to the left bringing water to a curb inlet box on Riverhouse Road. Original pipe from junction box to stormwater pond has been abandoned. Ms. Lewis July•25, 2011 Page Three Winding River Plantation RCv'd Stormwater Certification Exceptions (continued) Phase 2/ P1 SW26 - 15 feet behind curb, swale has been piped with 168 feet of 12" HDPE, SW28 - Swale has been piped with 25 feet of 12" HDPE SW31 -' 5 feet behind curb, swale has been piped with 75 feet of 12" HDPE- Phase 2 / P3 SW8 Swale has been piped with 143 feet of HDPE SW51 - Swale has been piped with 59 feet, of 12" HDPE Phase 2/ P5 SW61A Swale has been piped with 65 feet of 12" HDPE Phase 2 / P6 S? Unnumbered swale has been piped with 33 feet of 12" .HDPE between Lot 12 and Lot 13 Phase 3 / Section S-1 L/SW13 XW 1 - Removed from map: Piped into approved stormwater pond. Phase `3 / Section U-1 - Removed pipe from golf course crossing and restored Swale.. S2 k-�W5 - Swale has been piped with 102 feet of 12" HDPE Z>67 - Swale has been piped with 102 feet of 24" HDPE. Existing pipe, water flows through a grassed swale that discharges into along, flat and narrow wetland finger. Clearwater Place Drop inlet at the start of drainage system (SD9, in front of Bldg. #14). as well as SD9 itself, was not .installed. In addition, the drop inlet connecting SD8 and SD9 (now the first drop inlet in the system) was moved back toward Goley.Hewett Road by 52 feet. Subsequently, the island in the parking lot sas split to allow water to access the inlet. All runoff is directed to the approved pond. In addition to the revised certification exceptions list and the revised . Winding River . Plantation Overall Stormwater Map, we are enclosing. the updated State Stormwater Permit Mane/Ownership Change Form for each of the first five subject state stormwater permits. Again, the stormwater permit for the Winding River Golf Clubhouse, SW8 970850 MOD, is NOT being transferred to the POA. Ms. Lewis Page Four Winding River Plantation July.25, 2011 Rev'd Stormwater Certification We trust that this letter and the enclosed documents will allow the NCDENR to proceed .with the transfer of the permits. We will continue to assist in the process until it is finally completed. Again, we wish to thank all of the individuals who have been involved in this process. for each of their efforts, comments, and concerns. I personally wish to thank the state stormwater staff for their help and cooperation. Also, and importantly, I wish to thank those individuals with the Winding River Plantation POA who have educated themselves to the various methods of stormwater runoff control that have been implemented throughout the project and for their dedication towards maintaining the facilities to a high degree of, compliance with the permits. If there are any questions, comments or: concerns, please advise and we will respond in a timely manner. !CA,?'/// Sincerely, ?.�O Oy.7 v S E-A L 9816 v'9 _+QINE�� a Houston, P.E. ton and Associates, P.A., Enclosures pe: Mr. David Edwards, Consultant to Bluegreen DkkWae Ms. Shannon R. Smith, CAMS, Community Mgr. forWinding River Plantation File; (10-0090 - Stormwater Certification and Permits Transfer) . North Carolina Beverly Eaves Perdue Governor January 13, 2010 David Edwards Bluegreen Corporation PO Box 770 Supply, NC 28462 e NC®ENR Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Subject: Turnover Inspection Winding River Plantation Stormwater Project No. SW8 961109 Brunswick County Dear Mr. Edwards: Dee Freeman Secretary The Division of Water Quality conducted a scheduled inspection of the subject project's permitted stormwater facilities on November 9, 2009. The inspection focused on the curb outlet swales and piping. Previous inspections indicated that some swales had been relocated, some were eliminated, some were not constructed, some had been piped, and some were in need of repair work. The Division is requesting that you create a map showing the locations of every existing pipe and every curb outlet swale and provide a copy to the Division and to the HOA. Upon receipt, the Division will schedule a second inspection to visit every pipe location and make a determination as to whether there is sufficient justification to allow the pipe to remain. If no justifiable reason is presented, the pipe must be removed and/or shortened as the case may be, and the swale reestablished. Once the Division, bluegreen, and the HOA are in agreement as to which pipes will be removed and where swales need to be constructed or repaired, bluegreen must submit for and receive a permit modification and conduct the necessary construction work as approved. The permit modification must include proposed plans showing the locations of all piping that has been allowed to remain, all swales, any necessary revised swale calculations, and a revised swale drainage area map. A third inspection will be conducted after the construction is complete to make sure the modifications are within substantial intent of the approved plans. Upon the successful transfer of the permit to the HOA, bluegreen must forward its copy of the DENR-approved stormwater plans to the HOA. The next situation to address is the maintenance access to the Phase III golf course water hazard ponds that serve as forebays. These golf course ponds drain runoff from the Phase III development into the permitted wet pond located in Sections S-1 and S-2. After a review of the design calculations in the file, it has been determined that the minimum surface area and volume requirements for the wet pond can be met without including the area or volume of the forebay golf course water hazard ponds within Phase III. However, because the wet pond does not contain a separate forebay within the physical area of the pond, those golf course water hazard ponds are serving as forebays for the Phase III runoff, so they are currently considered a part of the overall permitted pond system. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 �TOne 1. 1 Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 NorthCarolina. a. Internet: w .nmaterquality.org -7N� //� An Equal Opportunity lAKrmli/ ative Action Employer V rytu{ l Mr. Edwards January 13, 2010 Permit Number SW8 961109 The Winding River HOA has raised a legitimate concern regarding access to maintain those forebay ponds because they are not located within the common area that is or will be controlled by the HOA. There are 2 potential solutions to this problem: 1. The golf course owner can grant an access and maintenance easement to the HOA to allow access for maintenance of the forebay ponds. 2. A separate forebay can be constructed within the existing pond such that the 2 golf course forebay ponds in Phase III can be removed from the permit as required forebays and be just water hazard ponds for the golf course. This option would require a plan revision to include new forebay volume calculations and 2 sets of revised plans for Phase III to add the forebay berm to the grading plan and to the pond details. I suggest that arrangements be made for the golf course to contribute a prorated share of the maintenance costs of this pond as portions of the golf course are a part of the drainage area and do drain into the permitted wet pond. Prior to transferring the permits to the Winding River HOA, the permittee and the HOA shall: 1. Reach agreement on the pipe and swale situation; 2. Reach agreement as to how to resolve the Phase III forebay pond issue; 3. The permittee shall submit a permit modification to incorporate all of the agreed -upon changes and receive a modified permit; 4. The permittee shall complete all of the permitted modifications; and, 5. A final compliance turnover inspection of project shall be scheduled with the Division no more than 30 days after all permitted modifications are complete. At the time of the inspection, if all is in compliance, the HOA will be expected to sign the transfer documents. If you have any questions, please do not hesitate to contact me or Linda Lewis at (910) 796-7215 or via email at Iinda.lewis cDncdenr.gov or georgette.scott aC_ncdenr.gov. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality GDS/arl: S:\WQS\STORMWATER\LETTERS\2010\961109.jan10 cc: Winding River HOA Jay Houston, P.E., Houston and Associates (consultant to bluegreen) Larry Sneeden, P.E. (consultant to the Winding River HOA) WiRO Stormwater Files SW8 - 961109, 990201 and 000502 Page 2 of 2 Casrher, Jo From: Amy P. Wang - 5516 [APW@wardandsmith.coml Sent: Tuesday, March 31, 2009 11:57 AM To: 'Jo.Casmer@ncmail.net I h Subject: RE: Winding River Plantation Stormwater Permits i ll You were reading my mind! / Regarding the O&Ms, assuming the O&M the Applicant signed initially is the same as the O&M currently in force for each of those 3 permits, then yes, that's all I need. If you look at the files and it's more confusing than that, let me know and I'll try to come by on Thursday morning (I am supposed to be in Brunswick County that afternoon). Best, Amy Amy P. Wang Attorney Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 T: 252.672.5516 1 F: 252.672.5477 www.wardandsmith.com If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from Ward and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attorney employed by Ward and Smith, P.A. Thank you. -----Original Message ----- From: Jo.Casmer-@ncmail.net [mailto:3o.Casmer@ncmail.net) Sent: Tuesday, March 31, 2009 11:19 AM To: Amy P. Wang - 5516 Subject: RE: Winding River Plantation Stormwater Permits HI Amy: You just want to see the three files: 961109, 080502, and 990201? Yes, we do have them. We are holding all the Winding River files as we knew that we would eventually be getting someting on all of them. Did you just want a copy of the O&M the applicant signed at the time of application? If it's that simple, I don't mind copying and mailing/faxing those to you. Let me know! 7o Casmer 1 1 ..a ... 1. nL �. �.. I .. }.1•,, �r C ' -. 1 � ..!.I..y f-r:�, 'I :: (' Uf. , � �.`.T ��. .7 Yn{JL �.l . .77?.. is .., rul `0 lMCA :r!'11Y' It :-} "t Y�. i. -'(!'a rU•..nli 1 - r .. .I" y ef.:i' nH, . - ' N. ,:., Vl... 'X1�tJl.'. 's: I, ✓ .. '�i'�' y'J' T'J:1 ?" .,' � i�,"wd' . '.0 i.l: '>d:Ati.4C lilsT• f:. III;O: � .. ... �::f ..lf J it U�'I �a;r°� ('.' j'1;' ::'.'t 1'! :"!•, ct T' tA SYi ,I '. rTti- .'J VN• -.•AIA "t.l _ 1-Ibi. EL`.'CI?4i3'RSli. +y• ✓t ,f:.} ir, 1tj 11 ., j ' :17("1 .• q4{r.; .. ..''I`." .nl(• ,:{ts a&egr,b G,• j WT!.'t4 y ' � pr7 r! VL Yl fi.r, 'il r. ti :i' . n,i:' l• ;d!('Y1 %'.' [i'.:. U!.. 1'uS"1-'J..:�; .0 ( ':J? '' y61+71 sJ 9cW. L NY ,• ,'rJ r:• ,.. ac ...T ;F. : t } ..: i. -n — nz h..•.. 1. .. 1 sl wl , - w --, * by It Us, f., ,1_f.1 :i (.h X .t.yS >f MS NOW _Q I i. C f" j.O..-1::;:': I :I i"lre' ,.;.," .'F7 :pill,, J: 1 I&,,, mac, .:1.aY!i�.. ,,{C -l. j.- i. .. 'a ..« .. •' I '4f7'�."l9Jt ?J�.7a i, ( .. '. �.> >,. il� �'t (. .., rp.a l.f,;j .In j o'li: "'j', Ira J. •.G ... .. �''ji;'�- .14 .l. ri Ll. .. .1l l5ii.•. � jdh. tl'?`. •::�t:;: j'' :.l'..J� f RE: Winding River Plantation Stormwater Permits Page 2 of 2 David, Any chance you (or Jo) still have the files for SW8961109, SW8000502 and SW8990201? I think I have figured that we are talking about the SW Pond in S1 (SWP#8000502) on WRP property and two SW forebays on the golf course (SWP#961109 - the master permit, and 8990201 - the phase 3 permit)? I'd like to get copies of the O&M plans for each of those permits. Do I make an appointment again? If so, how about Thursday, 4/2? Thanks, amy Amy P. Wang Attorney Ward and Smith, P.A. 1001 College Court (28562) 1 Post Office Box 867 New Bern, NC 28563-0867 T: 252.672.5516 1 F: 252.672.5477 www.wardandsmith.com If you have received this confidential message in error, please destroy it and any attachments without reading, printing, copying or forwarding it. Please let us know of the error immediately so that we can prevent it from happening again. You may reply directly to the sender of this message. Neither the name of Ward and Smith, P.A. or its representative, nor transmission of this email from Ward and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attorney employed by Ward and Smith, P.A. Thank you. -----Original Message ----- From: Jo Casmer (mailto:Jo.Casmer@ncmail.net) Sent: Monday, March 16, 2009 3:51 PM To: Amy P. Wang - 5516 Subject: Re: Winding River Plantation Stormwater Permits Ahhhhhhhhhhhh! (how is that for an answer?). Unless all these files are onsite, Wednesday won't work. Earliest I can even attempt to see what we have here is tomorrow. If files are offsite, I will have to put them on the list and the next time someone goes over to storage, they will be brought back. I was already over there earlier today. Amy P. Wang - 5516 wrote: > Jo, > After talking to Georgette Scott, it appears that I will need to come > to the DWQ office to review the plans in the permit files for the 11 > Stormwater Permits related to the Winding River Plantation development > to ensure the Droner ponds and Oneration and Maintenance Plans are https://webmail.ncmail.net/cp/ps/Mail/ViewMsgController 3/31 /2009 !il 'JIon TAIVII WWWWARY)OW&I'Min 104. le, JI& W Wj IN, !;O "4 OR om brr. too". ;Kn 1144 It- qVVi M a K"" M Yu 4: NAW wr da I, I !!I - W! �"'i'% ,I I I 'J!! I - (11'' i''Ijq'lI {1'1' 'J'0"Y` ;hams! VD) AM QGury nown wM" i , f�" b"ir : rfjj.J.j '*,"?";'! "'k I't' W L; we;ri tic) 01 lj ;"Itl Tf. 0 q W w jbh "wir" Q a; MA ou wj�'; --nihih-, AJ11--m "'i; cii 11;r;1!;n fltf; 2r1l; , �"(!iffoj I-ji:j7 .'jr 3 -,ij niu-no.j., line 5uhn, I, KA. A I It An= 0, 1 V1 L M 90014M i W%K n LOA &0 M1110 71ilIM0.1- Su"'I 101 1" Yin. -fl :iio'; ;;FT n';' is 11,71% . li'O-ft :;'X W! wZyk PC wK I ATIS"ni; ni nd 1-4 ei and) TWAI111.1,14 y "-W Qq Al .&I A ;- 1 w0n, wco= I , ..r:.Ph it n unad YU a., K' !wU i 1 Ass! 11yuniv: 0; W c^ .04;vw 11 1576 ; AQ 4"MIA! Ulm? UW: un '-e n, ,I Wk,O'n and 4 no" r, • iWy .01 vi ;"I;!q, ')dl n:.,! /vi u! JTb I;; !f.l WvIj4 WON .5baRr U? us Wyk Worry! vulby.mily? f! 'JOW LS rwornow) 64P .won lu"Pq Wy Munwn lip it W Opm- j, 4; w.iv"h! 1v: ` - HOUSTON and ASSOCIATES, P.A. Consulting Engineers„ SHALLOTTE, NORTH CAROLINA 28459 ' Telephone (910) 754-6324 _- ///'' 117 Pine Street Facsimile (910) 754,-2121 `n (� i ./�5 'Post Office Box 62.7 �� I I �h 6;th5 Thursday, Nov&nber 1, 2007 ' - R.ECEZVEl� Ms. Linda Lewis,'Environmental Engineer II NCDENR @!. 9Y A 5 2007 Division of Water Quality 127 Cardinal.Drive Extension` Wilmington, North Carolina 28405. Subject:, Winding River Plantation - Final Stormwater Certification Phases I and II Master - SW8 961109' . Clearwater Place SW8 970936 " Phase III Master SW8 990201 Amenity Center.- SW8 990453 Sections S1 and S2 - SW8 000502 ' Winding River .Golf Clubhouse - SW8 970850 Mod. Dear Linda: Attached is a copy of a composite Overall ,Stormwater Plan for Winding River Plantation which should be considered as the record, drawing for . the entire project. This drawing has been updated to include pertinent information related to the 'stormwater aspects, permitted and installed. Also attached are the individual permit certification sheets, for each permit. On September 19, 2006, ,our.office performed•a final observation of. the entire Winding River. Plantation stormwater system, with the exception'of the Carolina "National Golf ,Clubhouse, which, was • under review for a permit modification. After_ doing so, ,it was, apparent that there' are - still . several deviations from the original approved plans. These deviations are noted on the individual storm water certifications, and are detailed below. These deviations are already known to DWQ and have been accepted by staff. Exceptions to Certification by. Phase and Section: Phase -A/ *Section C 81 - Not In Place S53 - ,"33 feet behind curb; Swale, has been piped with 119 feet of 12 HDPE S49 - Not In 'Place Phase I -A/ Section E S36 - Not In Place "Phase 1-A/Section F` S42 - Not 'In'Place , S43 - Not In Place Ms: Lewis Page Two- Winding River, Plantation November 1, 2007 Final Stormwater Certification Exceptions (continued) Phase 1-B / Section J S6 ' 5 feet behind curb, swale has been piped.wifh"33.feet of 18" HDPE S7 . - 8 feet behind curb, swale has been piped with 160 feet of 15" HDPE S8. '- Not in place; or has been removed (House being constructed on . lot 20/21 property line) S9 Not In Place' S10 •- 19 feet behind curb, swale contains a drop inlet box with 136 feet of 1,2" HDPE to edge of wetlands'.. Phase 1-B/Section M S19 - Not In Place . S20 - _ Not In Place S23 -. Not In Place.' Phase 1-B / Section 0 S1 2 feet behind curb, swale has beeff piped with 131 feet.of 18" HDPE into junction box. 185,feet,of 18," HDPE leaves box at 90 degrees to the left'bringing water to a curb inlet box on Riverhouse Road. Original pipe from junction box to, storm water pond has been abandoned. Phase 2/P1 S26 - 15'feet behind curb, swale has been piped with 168 feet of 12" HDPE S28 Swale has been piped with 25 feet of 12" HDPE S31". -. 5 feet behind curb, swale has been piped with 75 feet of 12" '. HDPE Phase 2/P3 "has S8 , - Swale been.piped with 143 feet of HDPE S51 - Swale has been piped with 59 feet of,12" HDPE Phase 2 / P5 . S61A- Swale has been. piped with 65 feet'of 12" HDPE Phase 2 / P6 S? Swale has been piped with 33 feet of 12" HDPE'between lots 12 and 13 S-2 S5 Swale has been piped with 102 feet of 12" HDPE ' S7 Swale has been piped with 102 feet of 24" HDPE. Existing pipe, -water flows through a grassed swale that discharges into along; flat. and narrow wetland,finger. , Clearwater Place Drop inlet at the start of drainage system (SD 9, in front of Bldg. #14), " as well as SD 9 itself, was not installed. 'In addition; the drop -inlet connecting SD 8 and SD.9 (Now the first drop inlet in the system) was' moved back toward Goley Hewett Road by 52 feet. Subsequently, the island, in the parking lot was split td'allow water to access the inlet. All runoff is directed to the approved stormwater pond. " I Ms: Lewis Page.Three•" Winding River Plantation November 1, 2007, Final SiormwaterCertification On each permit certification sheet, we have referred to this letter and the attached Overall Stormwater Plan as a part of the certification .for each permit. You will recall that multiple, inspections and discussion over the last- several . years. has finally culminated into this submittal of the final certification and that your office has agreed, in principle, to the current conditions of the stormwater facilities as constructed. We trust that,the enclosed documents meet the spirit of the stormwater approvals for this project" and that` the Winding River Plantation Property Owners Association now will be able to assume responsibility for the, necessary . maintenance of the. facilities in accordance with the permits. If there are any questions or concerns, please contact our office and .we . will be happy to respond. ``` A CA �i�'' fSincerely, OP ' •4sS ,Q�� iOF S .n SEAL 9r 9816 aJay R. Houston, P.E. " , w' AAG`1NE�P•.? �I Houston and Associates, P.A. /,,g4Up418�DT���\ Attachments pc: 'Mr. Fred ,Ward, bluegreen Corporal ion File: 05-0090 (Winding River Plantation - Final Stormwater Certification) " OF WATF9 Michael F. Easley, Governor �11 QG William G. Ross, Jr., Secretary T North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 8, 2005 Mr. Fred Ward, Agent Bluegreen Carolina Land, Inc. C/o Jordan Lake Preserve Corporation 5229 Old Graham Road Pittsboro, NC 27312 Subject: 9/7/2005 Meeting Winding River Plantation Stormwater Project No. SW8 961109 Brunswick County Dear Mr. Ward: This letter will serve as a record of our meeting held on September 7, 2005 at 10:00 am here in the Wilmington Regional Office. Those present included you representing the developer, myself, Mr. Ray Skipper representing the Winding River HOA, and Mike Stonestreet. We discussed the outstanding maintenance issues, and the issues involved with transferring the stormwater permits that have been issued for the various tracts and phases of Winding River Plantation. As discussed, the permittee is the responsible party until such time as the Division approves a request to transfer the permit. In general, three main problems were brought up by the HOA- responsibility for maintenance, correct installation of the permitted system, and adequate drainage. I informed Mr. Skipper that drainage and flood control are beyond the scope of the permit and will need to be addressed separately from the permit turnover. The Division will assure that the system is installed correctly via copies of the Designer's Certifications and as -built drawings from an appropriate designer, for each permit. The Division will also assure that the system is in compliance with the permit prior to transfer via an inspection. In the case where a permitted swale or pond is in need of maintenance, and the developer has "turned over" the project to the HOA, and the HOA has accepted the maintenance responsibility, but the permit has not been officially transferred, the Division requests that the HOA and the developer work out the financial terms for any necessary corrective action between themselves. It is difficult to determine at what point the system was in compliance, and it is unclear whether the individual lot owners or their contractors may have contributed to the current state of disrepair in the system. The HOA has apparently accepted maintenance responsibility and enjoys the benefit of the system, so is reasonable that they share the cost of restoring the system to design condition. Two permits, the Golf Clubhouse and the Maintenance Facility, will not be turned over. A third permit for the Sales Center, which has been sold to an as yet unknown third party, needs to be transferred to the new owner. The Division requests that you provide the name, mailing address and phone number of the new owner. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1-8776236748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: h2o.encstate.nc.us NOrti1C8I'O2 An Equal Opportunity/Affinna6ve Action Employer — 50% Recycled/10% Post Consumer Paper NQtimall y Mr. Ward September 8, 2005 Additionally, the Division requests that you check on the mailing address for Audubon Village, LLC, in order to resend the July 14, 2005, letter regarding the maintenance of the ditch in Audubon Village. It was determined that this permit was not transferred to the HOA, as originally thought, although a completed name/ownership change form was provided. The reason why the permit was not transferred is unknown at this time. The Winding River Master Plan will need to be updated, with the locations of all the curb outlet swales and permitted wet detention ponds clearly marked and accurately located so that the HOA has a viable map by which to locate and maintain the components of the system. The plan should include the permit numbers for the various detention ponds. The Association will need to know where the permitted facilities are, and what permit they fall under, if they are to be expected to maintain them adequately. The Division has issued the following permits for Winding River, excluding the Sales Center, the Golf Clubhouse and the Maintenance Facility. Missing documentation is indicated by a "no" in the associated box under the heading. Project Issue Date Type N/O? O&M? Cert? Deed Name Rest? SW8 Master 10/8/2001 Overall LD No No- No Yes 961109 Plan Phase with HD dated I & II for prior pockets to inspec tion SW8 Clearwater 1/13/1998 HD Yes No No Yes 970936 Place SW8 Master 9/19/2000 Overall LD Yes No No No 990201 Plan with HD Phase III for pockets SW8 Amenity 9/22/1999 Offsite to Yes No No No 990453 Center 970936 SW8 Sections 9/28/2001 LD+CG Yes No No No , 000502 S-1 & S-2 SW8 Audubon 10/30/2001 LD Yes N/A No No 010634 Village "No" means the document is not in the file or has not been provided. Type: LD= Low Density, HD = High Density. CG= Curb and Gutter Swale system. Offsite= A project that drains to a pond permitted with another project. N/O = Name/Ownership Transfer form O&M = Signed Operation and Maintenance plan Cert = Designer's Certification Deed Rest = Recorded Deed Restrictions Page 2 of 3 r Mr. Ward September 8, 2005 Mr. Skipper also expressed concern about one lot owner who has refused to allow the construction of a curb outlet swale on the common property line, where the approved plans clearly show a swale is to be built. Per Section 11.3 of the Declaration of Covenants, Conditions and Restrictions for Winding River Plantation, recorded on April 25, 1997, with the Brunswick County Register of Deeds office, the Declarant may, for itself and the Association, respective representatives, successors, assigns, contractors, and agents, establish and reserve a permanent and perpetual non-exclusive easement over, across, under, through and upon each Unit for the purpose of, among others, installing such pipes, lines, conduits or other equipment as may be necessary for slope control, drainage, and waterway maintenance of any portion of the Properties. I suggested to Mr. Skipper that he either consult their attorney to look into the possibility of invoking this covenant in order to get the swale constructed or that the swale be relocated via a permit modification. Your consultant, Jay Houston has requested that the Division specify exactly what is needed to transfer the permits to the Association. First, we decided that the location of the swales on the Master Plan needs to be verified. Mr. Skipper indicated that some swales were not accurately located based on the plans sealed on May 5, 2004. Upon receipt of the new map, or verification that the May 5, 2004, map is correct, the Division will schedule a site inspection for the first part of October. Deficiencies will be documented by the Division in a report and copied to all parties. Upon satisfactory resolution of the deficiencies, the signed name/ownership change forms and signed Operation and Maintenance plans can be submitted to the Division. The table on page 2 lists the missing information for each permit that needs to be provided. In our meeting today, Mike Stonestreet alleged that Mr. Mark Dowd, who signed the originally submitted permit transfer requests, did not have the authority to do so. If this is true, the original name/ownership transfer forms are null and void, and will need to be resigned by the current president or vice president of the Association. Additionally, all Operation and Maintenance plans for the swales and ponds will need to be signed by the current president or vice president of the Association. This is a large and complicated project. The Division will be as fair and objective as possible and will do everything in its power to make sure the project is in compliance prior to, turning the permit over to the Association. If you have any questions, please do not hesitate to call me at (910) 796-7404. Sincerely, �1 11) �KI,/—?u'`-�z Linda Lewis Environmental Engineer II ENB\arl: S:\WQS\STORMWAT\LETTERS\2005\961109.sep05 cc: Jay Houston, P.E. Ray Skipper, Winding River HOA __-Linda. Lewis...---._.....-- --- - --- ---- Page 3 of 3 Re: Winding River Plantation f 'f Subject: Re: Winding River Plantation From: Linda Lewis <linda.lewis@ncmail.net> Date: Thu, 08 Sep 2005 08:40:28 -0400 To: Jay Houston <j ayhouston@atme. net> Jay: I'll be copying you on the summary letter I wrote after the meeting, which will tabulate all the missing information and necessary requirements to facilitate turnover. Somehow, there were some balls dropped but as far as I can tell, both of us are responsible. Other than the June, 2003 inspection reports and NOV's, I cannot find confirmation in any of the Winding River files that I sent out the February, 2004 letter regarding the deficiencies I found as a result of the reinspection of the site. At the same time, I cannot find where you submitted any of the Designer Certifications that were requested in the June 2003 inspection reports & NOV's. Linda Jay Houston wrote: Hi Linda - I just got of the phone with Fred Ward of bluegreen Corp. He informed me that he had a meeting with you and the POA today and that you needed some additional items from us. I recall that approximately two years ago the forms were submitted to DENR for the permit transfer from bluegreen to the POA. We met with you in the field and prepared record drawings and submitted these to you to match up the permits with the field conditions. We also submitted other documentation to you as requested and everything was completed. It is my understanding from Fred that the permits have never been transferred although there was never any indication that the paperwork was not complete. I have agreed to assist Fred and bluegreen to resolve this matter but I need your help. Can you please *specify exactly *what it is that you feel is needed to complete this process? Our records have been archived because we have assumed that this was completed and the project was closed out. We are not involved with Winding River and haven't been for some time since the project is complete. I hope you can understand my position. Thank you Jay 1 of 1 9/8/2005 10:41 AM AGA NCDENR 2C-V I SAID North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director FAX COVER SHEET Date: August 4, 2004 No. of Pages: 1 4 V To: Jay Houston, P.E. From: Linda Lewis Company: Houston & Associates Water Quality Section - Stormwater FAX #: 910-754-2121 FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 SW8 961109 Project Name: Winding River Plantation MESSAGE: Jay: I received your letter of May 5, 2004, regarding the transfer of the various permits within Winding River Plantation. I am still waiting on the Designer's Certifications for the following projects: SW8 990201 (Phase III) SW8 970936 (Clear Water Place) SW8 000502 (Sections S-1 and S-2) SW8 970850 (Clubhouse) and SW8 970526 (Maintenance Facility). Additionally, the HOA must sign O&M's for each wet pond and curb outlet swale system. These items are not in the files. They must be submitted prior to transfer. , �SC}— I1eCd 2 �'P3 of f/lq- �r(26C Jed dee& restn�hi;�s Fcr AL&L6u/i 4'rllac�e. RSS\arl: S:\WQS\STORMWAT\ADDINFO\2004\961109.aug04 Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-395-3900 / FAX 910-350-2004 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper NorthCarolina Naturally HOUSTON and ASSOCIATES, P.A. Consulting Engineers SHALLOTTE, NORTTI CAROLINA 28459 Telephone (910) 754-6324 Facsimile (910) 754-2121 117 Pine Street Post Office Box 627 Wednesday, May 5, 2004 Ms. Linda Lewis, Environmental Engineer Division of Water Quality N. C. Department of Environment and Natural Resources C� 127 Cardinal Drive Extension ti1<]y jTl� Wilmington, North Carolina 28405ZOOA Subject: Winding River Plantation - Stormwater \ Submittal of Overall Project Record Drawing Dear Ms. Lewis: Per your request at our last meeting at the project site, attached is a composite, record drawing of the stormwater infrastructure for the subject project. This drawing includes the existing permitted and previously certified stormwater swales and ponds and the additional and slightly modified infrastructure as constructed and approved by you during the site inspection. On behalf of the developer of Winding River Plantation and of the governing Property Owners Association (POA), we appreciate your assistance during this process. All items requested previously have been provided such that the transfer in permits from the Developer to the POA can be completed. If there are any questions, please feel free to contact us at your convenience and we will respond at once. Sincerely, Houston, P.E. Houston and Associates, P.A. Attachment pc: Winding River Property Owners Association, w/attachment Mr. Fred Ward, Winding River Plantation File; (96-0090 WRP - Stormwater Final) February 4, 2004 Mr. David Edwards, blue-green Carolina 1899 Zion Hill Road Bolivia. NC 28422 Vice President Land. LLC Subject: Field Compliance Meeting Carolina National @Winding River Plantation Stormwater Project No. SW8 961109 Brunswick County Dear Mr. Edwards: Staff of the Division of Water Quality met with Fred Ward of Winding River, Jay Houston, P.E., of Houston and Associates, and various members of the Homeowner's Association, this morning, to begin the process of turning over the State Stormwater Management Permit to the HOA. An inspection of the pre- viously noted deficiencies in Phases I and II was conducted. The homeowner's had some drainage and flooding concerns in three separate areas. The Division has no jurisdiction over drainage and flooding issues, except as they relate to compliance with the stormwater permit. Sometimes, by obtaining compliance with the permit, the drainage and flooding issue is also cleared up, but not always. One area involved a non-existent drainage swale which was supposed to drain runoff into a wetland area. It appears that one of the homeowners installed a catch basin and piped system at the end of a permitted 100' curb outlet swale to alleviate the flooding on his property and to get the runoff from the swale into the wetland. A piped collection system is not allowed under the low density option, however, due to the problematic drainage in that area, I will allow it in this instance only. Please be advised that use of catch basins or yard inlets and piping is prohibited under the low density rules, and other means of solving the future drainage problems will be required as the subdivision continues toward ultimate build -out. Regrading and filling of non -jurisdictional low areas should also be used to create the necessary fall to encourage more natural drainage. The outlet of the wetland has been allowed to grow up and close in, resulting in standing water. An adjacent homeowner has closed off the road curb cut and filled in the swale, forcing additional street drainage to another swale. The second area involved a swale where the road had been regraded to allow the runoff from one side to get into the swale. It is not a permit violation to change how this occurs, as long as it does occur. The swale itself was exhibiting signs of erosion due to high velocities. We recommend that a short check dam be installed, the erosion repaired and the swale sodded. The third area involved a swale, very close to a house, that had been piped directly to a golf course pond. The Division had previously requested that the pipe be removed and the curb outlet swale put back, but the swale ended up being very deep, erosive, and the slopes were less than 5:1. We now recommend that the pipe be replaced and the golf course pond be permitted as an existing BMP, with some outlet structure modifications, to mitigate for the loss of the swale. All of these activities are permit modifications which were not approved by the Division prior to their construction. It is my understanding that upon the satisfactory resolution of these three situations, it is the intent of the Homeowner's Association to accept the permits and the maintenance of the swales that goes with the permit. I am herewith requesting a letter of intent from the HOA to that effect. The deficiencies at the Golf Clubhouse under SW8 970850 will be addressed via a permit modification. The vegetated filter at Clearwater Place under SW8 970936 needs to be leveled out and a trash screen needs to be placed over the orifice. Additionally, the ground surface around the outlet needs to be excavated away from the orifice. The ponds at the Maintenance Facility under SW8 970526 have been restored and are complete. The consultant must provide a certification for each of the above ponds that the permitted design elements have been provided prior to transferring the permit and maintenance responsibility for those ponds. Sincerely, Linda Lewis Environmental Engineer RSS\arl: S:\WQS\STORMWAT\LETTERS\2004\961109.feb04 cc: Jay Houston, P.E., Houston and Associates Michael Stonestreet Linda Lewis June 9, 2003 Mr. David Edwards, Vice President bluegreen Carolina Land, LLC 1899 Zion Hill Road Bolivia, NC 28422 Subject: COMPLIANCE INSPECTION Winding River Phases I and II Stormwater Project No. SW8 961109 Brunswick County Dear Mr. Edwards: Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on June 4, 2003, to determine compliance with Stormwater Permit Number SW8 961109 issued on July 9, 1997. Plan modifications were approved on April 15, 1998, and October 30, 2001. A summary of the findings and comments are noted under Section 4 of the report. Please inform this Office in writing before July 9, 2003, of the specific actions that will be undertaken and the time frame required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\INSPECT\961109.jun03 cc: Jay Houston, P.E. Mark T. Dowd, Winding River Plantation Community Association, Inc. Linda Lewis k ' STORMWATER COMPLIANCE INSPECTION REPORT 1. Project Name: Winding River Phases I and II Project Number: 961109 Control Measure: Low density with Curb Outlet Swales Water Body: Lockwoods Folly River Classification: SC Directions to site, address: off Zion Hill Road, in Winding River Plantation 2. Inspection Date: June 4, 2003 Weather Conditions: warm & rainy 3. Compliance Issues: a. Almost every swale needed something to bring it into compliance. In general, the swales needed the following: permanent stabilization, regrading the slopes to 5:1 or flatter, lengthened to 100', and missing swales need to be installed (even on lots that have no home yet). b. The two wet ponds in Section I-B, which treat the collected runoff from Riverhouse Road, were not found. Please confirm their presence and state of compliance. C. The wet pond in Phase II needs permanent vegetation and the outlet structure is not per the approved plan. There is no orifice and no trash rack. d. The road runoff within Parcel N has been collected and its discharge point could not be located. There are supposed to be three swales in that section. e. The concrete flumes do not appear to provide enough grade change to funnel the runoff from the street into the swale. Even with the use of a "Transverse Cross Drain", water is still ponding in the street. f. Some of the "Transverse Cross Drains" are not installed per the approved plan, or are so slight, they are not effective. g. Recorded deed restrictions for Sections A-F have been provided, but not for Sections G-V. h. The required designer certification for the wet ponds has not been submitted. 4. Required Actions: a. Immediately provide the necessary items to bring the swales into compliance with the permit. Repair and establish 5:1 or flatter side slopes, establish permanent grass cover, construct missing swales, and provide the required 100' lengths. b. If field changes resulted in the deletion of swales, please submit a modification to the permit. C. Submit the required recorded deed restrictions. d. Either construct the required swales in Section N, or submit a modification to cover the addition of a wet pond to treat this runoff. e. Improve the drainage from the street into the flume and into the swale to eliminate the ponding water. f. Provide permanent grass cover in the Phase II wet pond, and repair the outlet structure to conform to the approved plan. f. Provide the designer's certification for the wet ponds. Inspector: Linda Lewis Water Quality/Wilmington Regional Office/(910) 395-3900 RSS/arl: S:\WQS\STORMWAT\INSPECT\961109.jun03 Carolina National @Winding River Phase III Brunswick County Stormwater Project No. SW8 990201 Designer's Certification I, , as a duly registered ii the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date cc: NCDENR DWQ Regional Office Delaney Aycock, Brunswick County Building Inspector Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. 5 S:\WQS\STORMWAT\INSPECT\961.109.jun03 cc: NCDENR-DWQ Delaney Aycock, Brunswick County Building Inspector Sw $ 1, (0 1107 HOUSTON and ASSOCIATES, P. A. Telephone (910) 754-6324 Consulting Engineers 117 Pine Street Facsimile (910) 754-2121 SHALLOTTE, NORTH CAROLINA 28459 Post Office Box 627 TRANSMITTAL Date: (1:q�Zcn- FROM: JA`( ) �f TO: L-WDA LBO(e3 OF: HOUSTON and ASSOCIATES, P.A. Consulting Engineers OF: AT: SHALLOTTE, NORTH CAROLINA 28459 AT: PHONE# PHONE# (910) 754-6324 FAX# FAX# (910) 754-2121 Project: , Remarks : LIn1AA - 30S F00-1D, Toes¢. 0n �k flEiJDI,Jq FIt..G fWA TftJ 5fivULD 5en1 T- To yC)J !� A06057- ! Svg4q Ft2 TAy r>" 1 ...., �< . .. .. .` f ,; . . ;, . � ', �- - �. .^ __ ... � • ., <� �Y '�T •� l 1 lye ^� , `_,_ :y , .. - =i HOUSTON and ASSOCIATES, P.A. Consulting Engineers SHALLOTTE, NORTH CAROLINA 28459 Telephone (910) 754-6324 Facsimile (910) 754-2121 117 Pine Street Post Office Box 627 Tuesday, March 11, 2003 Ms. Linda Lewis, Environmental Engineer " { Division of Water Quality I j10 N. C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 - Subject: Winding River Plantation - Phase H `Permit:SW8=961"109 r Engineer's Final Certification Dear Ms. Lewis: In accordance with the permit conditions of the subject permit, issued on April 15, 1998, the purpose of this letter is to provide a final certification for Phase II of the overall project. We have provided periodic inspections during the construction of the infrastructure and have determined that the project is now in substantial compliance with the permit. During the construction, minor revisions were made to grades in the streets 'or other minor chariges which' do` not substantively affect the treatment processes.of the general.overall concept.of stormwater treatment. Since the developer, Bluegreen Carolina. Land, LLC is preparing to transfer all permits over to the Bluegreen Property Owners Association, a final inspection was performed after it was discovered that some of the swales either were not properly constructed or did not have permanent vegetation firmly established. These deficiencies prevented an earlier certification. These issues have now been corrected. If there are any questions, please feel free to contact us at your convenience and we respond at once. Sincerely, R. Houston, P.E. Houston and Associates, P.A. pc:, Mr. Fred Ward;, Winding River Plantation.:, ''Pile'; (96=0090 WRP Phase II - Sformwater Certification) "