SW8991202_HISTORICAL FILE_20101208

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STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 0i l 12.0 2-
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

..� . w-1R NO. 525 P.2
1�
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
WATER QUALITY SECTION Alan W. Klimek, P.E., Director
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: rJ tv y % 9i Z D Z
2. Permit Holder's name: if-0/f/
3. Signing official's name: G0o�� (22210 Title:
(person legally responsible for permip
4, Mailing address: S3Ol, _City:.— rj' n Al-
L�/Ol2iidi
State: NL ZipCode: a�ss7 Phone:�sa a4> �l)doFAX: �5a-7o1Co 3oSg
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION
NPO. This request is for: (please check all that apply)
C
a. Change in ownership of the property/company (r'•lease complete Items
#2, #3, and #4 below)
b. Name change of project (Please complete Item #5 below)
c. Mailing address change, (Please complete
p Item #4 below) . n
d. Other (please explain):
lv l 2. New owner's name to be put on permit,
3, New owner's signing official's name and title:
5C0 Y C-;r(2
4, New Mailing Address: 63b6 //z �7 Sf (Title)
City: kw �l�
State:,ZipCode:�� c�� S� Phone:__�FAX:
(Area cede and Number) (Area Code and Number)
5. New Project Name to be placed on
Page 1 of 2
Iy DEC 0 8 Ilia
Wilmington Regional Offica
127 Cardinal prlve Extension, Wilmington, North Carolina 28405 Once y Phone: 910-79E72151 FAX [phone]Internet! h2o.enrstate.nc,us Nofthic�roi, `r� An Equal Opportunity/Afflrmative Action Employer —50% Recycled/10% Post Consumer Paper ift � wire r

C,o Clayton, Sr., P.E., Inc.
Civil & Environmental Engineering
June 2, 2010
David A. Horton, Director
Horton Commercial Association, Inc.
604 Blair Pointe Road
Morehead City, NC 28557
RE: Horton Commercial Association
Permit No. SW8 991202
Carteret County
Dear Mr. Horton:
PN: 5001
As requested, this letter is to serve as the engineering certification called for by Mr. Steve
Pusey's letter dated November 24th, 2009 for the above referenced project.
As you are aware, I visited the site with you on June 1st, 2010 and inspected the repairs and
modifications you completed on the pond. Based on the inspection, the structure has been
repaired according to our original engineering design; therefore, I am issuing a new
engineering certification for the pond.
This letter should meet the requirements of the above stated letter
information, please advise.
Sincerely,
C.T. C
) to
Should you need further
PO Box 578 — 46 West Washington Street - Coats, North Carolina 27521
Phone: [phone] - Fax: [phone]
Offices located in Coats and New Bern, North Carolina
NCPE Firm # C-2750
www.ctclayton.com

(&Clayton, FE
\2887 NEUSE BLVD.. BLDG. 5
NEW BEAN, NC 28562
December 12, 2000
Ms. Linda Lewis, Environmental Engineer
NCDENR
127 Cardinal Dr. Ext.
Wilmington, North Carolina 28405
Re: Compliance Inspection Ltr. 11-20-00
Stormwater Project No. SW8991202
Carteret County
Dear Ms. Lewis:
Enclosed please find my certification for the referenced project. The corrections have
been made referred to in your letter.
Should you have questions, please advise.
Very truly yours,
C.T. Clayton, . E.
Consulting Engineer
Enclosures
CC: David Horton
APR 19 1010
Phone: [phone] Mobile: [phone] Home: 910 897-0660 Fax: [phone]
Email: [e-mail]

Beverly Eaves Perdue
Governor
April 13, 2010
NCDENR
Carolina Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
CERTIFIED MAIL #7008-1140-0002-9561-9845
RETURN RECEIPT REQUESTED
David A. Horton, Director
Horton Commercial Association, Inc.
604 Blair Pointe Road
Morehead City, NC 28557
Subject: NOTICE OF VIOLATION, NOV-2010-PC-0346
Horton Commercial Association, Inc.
Stormwater Permit No. SW8 991202
Carteret County
Dear Mr. Horton
Natural Resources
Dee Freeman
Secretary
On January 8, 2010, a letter summarizing the inspection requirements was sent to your office
regarding Horton Commercial Association in Carteret County. Please reference Stormwater
Management Permit Number SW8 991202 issued on March 29, 2000. A Compliance
Inspection Report was originally issued on November 24, 2009 stating that the site was not
compliant with the terms and conditions of the stormwater permit.
After further review and upon discussion, it was agreed that the following deficiencies would be
resolved within a couple months from the date of January 8, 2010.
1. It appears that the discharge pipe has broken away from the outlet structure. This needs
to be repaired.
2. A new Engineer Certification of this pond will be necessary once repairs and
modifications are complete.
On April 8, 2010, Wilmington Regional Office personnel performed a Compliance Inspection and
file -review of the subject project, located at Little Nine Road in Morehead City, Carteret County,
North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 991202, issued to you on March 29, 2000.
The project has been found in violation of Stormwater Permit Number SW8 991202, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to Maintain the Stormwater System. At all times, the Permittee shall provide
the operation and maintenance necessary to assure the permitted stormwater system
functions at optimum efficiency. It was observed that the discharge pipe was broken away
from the outlet structure and has not been repaired.
As stated in the permit, the approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals, including, but not
limited to:
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Carolina
Internet:w .ncwalerquality.org �A'1���Nn//IrallU,
An Equal Opportunity\ Affirmative Action Employer ��/

• Inspections, at least monthly
• Sediment Removal
• Mowing and re -vegetation of side slopes
• Immediate repair of eroded areas
• Maintenance of side slopes in accordance with the approved plans, specifications
• Debris removal and unclogging of the outlet structure, orifice device, catch basins,
and piping.
• Access to the outlet structure must be available at all times.
1. Failure to certify the stormwater system. A file review revealed that this office has
not received,a Designers Certificate.
Permit condition states that upon completion of construction, prior to issuance of a
Certificate of Occupancy; and prior to operation of this permitted facility, a certification must
be received from an appropriate designer for the system installed certifying that the
permitted facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the approved
plans and specifications must be noted on the Certification.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before May 13, 20%
2. Submit the required Designers Certificate for the wet detention pond.
Failure to provide the "Plan of Action" by May 13, 2010, or to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may
result in the initiation of enforcement action which may include recommendations for the
assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Carteret County Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this
project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Steve Pusey at 910-796-7334.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone].
Sincerely,
�k( Cott
Ge rgette„ colt
Stormwater Supervisor
GDS\sgp: S:\WQS\STORMWATER\NOTICE\991202.apr10
cc: John Hennessy-NPS-ACOU
Georgette Scott /
-Goleret-Ceuaty Building Inspections �p4)17 p
Steve Pusey
WiRO Files
DWQ Central Files
Page 2 of 2

FICY
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ill
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
January 8, 2010
Division of Water Quality
Colleen H. Sullins
Director
David A. Horton, Director
Horton Commercial Association, Inc.
604 Blair Pointe Road
Morehead City, NC 28557
Subject: Summary of Inspection Requirements
Horton Commercial Association, Inc.
Permit No. SW8 991202
Carteret County
Dear Mr. Horton
Dee Freeman
Secretary
On November 19, 2009, Steve Pusey of the Wilmington Regional Office of the Division of Water
Quality (DWQ) inspected Horton Commercial Association in Carteret County to determine
compliance with Stormwater Management Permit Number SW8 991202 issued on March 29,
2000. A Compliance Inspection Report was issued on November 24, 2009 stating that the site
was not compliant with the terms and conditions of the stormwater permit. After further review
and upon discussions with the permittee, it was agreed that the following deficiencies must be
resolved:
1. It appears that the discharge pipe has broken away from the outlet structure. This needs
to be repaired.
2. A new Engineer Certification of this pond will be necessary once repairs and
modifications are complete.
3. Maintenance records must be submitted for the sand filter located at the entrance road
to the commercial park.
At this time, the permittee has fulfilled the requirements under item 3 above, and has made a
commitment to get items 1 and 2 completed within the next couple months.
Failure to provide the requested information, when required, may initiate enforcement action
including the assessment of civil penalties of up to $25,000 per day. If these issues are not
resolved by March 1, 2010, then DWQ staff will re -inspect the site and issue a Notice of
Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone].
Sincerely,
i
Steve G. Pusey
Environmental Engineer
GDS\sgp: S:\WQS\STORMWATER\INSPECT\991202.nov09
cc: John Hennessy-NPS-ACOU
Steve Pusey
WiRO Files
DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One 1llci
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 1 v 1,Ccir011l
Internet: www.ncwaterqualiry7�rOI-tl
.org �RturQ��y
An Equal Oppodunity, t Affirmative Action Employer !Z r

IN Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ 'Attach this card to the back of the mailpiece,
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1. Article Addressed to:
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2. Article Number.i+
(transfer from service fabepi " l`7008' 1140l`0002956`1f 98'45 ''
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-WIS4e
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December 8, 2009
Steve Posey
Environmental Engineer
NCDENR Water Quality
Wilmington
Re: Horton Commercial Association, Inc.
Nov 24 2009 compliance inspection letter
Permit SW 8991202
Carteret County
Dear Mr. Posey:
C
DEC 1 n 2009
This letter is in response to your inspections report letter as we have discussed a few
times on the phone.
Dye, Item #1 B&B Ventures subdivision and removal of part of lot 7 from the subdivision.
Until you told me about it I was not aware that you were even allowed or that it was legal
to remove a lot from a subdivision. Linda Staab of Morehead City Planning and
Inspections said she allowed this as there were no rules to keep her from doing it.
Originally she made that part of lot 7 be included because there was no access to it and
we weren't allowed to subdivide it.
I have no authority over Linda or B&B ventures doing this;action nor do I have authority,
had I known about it, to stop B&B Ventures,from taking actions. I sold lot 7 long ago and
had nothing to do with the subsequent subdivision of it. I don't even know when it
happened or who owned that lot when it happened. I had nothing to do with it.
#2 I will take action to repair the discharge pipe over the next 60 days and report back to
you when it is complete.
3#1 have talked with CT Clayton, original project engineer about this issue. He says
® Linda Lewis inspected the pond and gave him a list of things to do to make it in
compliance after her inspection in 2000. This was not one of them. He said that when the
pond was built the discharge pipe went into the ditch that was, at that time, dry and very
grassy. He thinks he remembers this being acceptable at the time. Since that time an
adjoining property owner has backed up all the ditches and now they are filled with
water. CT thinks the ditch was accepted as the grassy swell. CT certified the pond after
the inspection of Linda Lewis.
411CT will certify the pond when our repairs are complete.
5# attached is a statement from the Head of Morehead City water and sewer who had his
OV employees clean out the sand filter (at my expense) and he was present during the
process. It is in excellent condition,and working as designed.
S' cer-elly,
(it,

Page I of 1
David Horton
From: "Steve Hamilton" <[e-mail]>
To: <[e-mail]>
Sent: Tuesday, December 08, 2009 10:40 AM
Subject: Storm Interceptor Box
David,
This will confirm that on September 9, 2009 the Town of Morehead City used it's jet/vacuum truck to clean out
the storm interceptor box on the southwest corner of Little Nine Road and High Street. There was a small
accumulation of sand and debris that was removed and taken offsite for disposal. The interceptor box was in
good repair and seemed to be functioning as designed. If you have any questions or need additional
information, please let us know.
Steve Hamilton
Director of Public Utilities
Town of Morehead City
[phone] X 133
12/8/2009

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Surface Water Protection Section
127 Cardinal Drive Extension
` Wilmington, NC 28405
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