SW8010815_Compliance Evaluation Inspection_20210726

Zorda, Garrett D
From: Zorda, Garrett D
Sent: Monday, July 26, 2021 4:32 PM
To: [e-mail]
Subject: CBH Construction (SW8 010815) - 3600 Andrew Jackson Hwy Leland, NC 28451
Good Afternoon Mr. Palmatier,
It was a pleasure speaking with you this afternoon. As indicated on the July 15, 2021 letter, the subject permit was never
transferred from the original permittee, CBH Construction Co., Inc, to the current property owner, Palmatier, LLC, at the
time the property ownership changed. As discussed during our call, the next step would be to apply to transfer State
Stormwater Permit number SW8 010815 to the current property owner. The permit transfer application is available on
the Division website here. There are a couple of options for submitting the transfer application, which are explained in
Section B of the Permit Transfer form. Option #1, where both the current and propose permittees sign the transfer
application, and option #3, where only the proposed permittee signs the application, are the two options that may apply
to the transfer of the subject permit. These are also the options explained in the July 15, 2021 letter. Section C of the
transfer application includes a list of the submittal requirements.
Also as discussed, once the permit transfer has been approved, a modification to the permit will also need to be
submitted in order to document the unapproved changes to the site. The modification application forms are also
available on the Division website here. Your consultant will be able to best help you prepare the correct modification
application package, but the application does include a checklist of the items required for a complete package.
With that said, your consultant should be able to help you navigate submitting both a complete transfer application as
well as the subsequent modification, however, if you have any additional questions or concerns, please let me know.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct **Please note the change to my direct phone number**
garrett.zordaCaD-ncden r.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
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NCRrH CAROUNA
awkwownfaQuaft
July 1 S, 2021
CBH Construction Co., Inc., current permittee
AT IN - James Hum, President
P.O. Box 500
Delco, NC 29436
and
Palter, LLC, current property owner
ATTN:Mak A. PaIn ntier, Manager
P.O- Box 590
Hatteras, NC 27943
Snhjeet: NOtke. Of MIP Rev hLVection and Request for Trier
CRH Constructim
Smote Stor nmder Management Peru No. SW8 010815
Brunswick County
Dear Mr. -Hufham and Mr. Palmader.
) fecdve August 1, 2013, the Stye Stormwater program was transferred. from the Division of Water Quality
(DWQ) to the Division of f, h mer—al and Land Resources (DEN LR). All previous refamces to DD9WQ will
remain in older stormwater Permits issued prim- to August 1, 2013 anti they are modified. Please note that this
letter references DEWA as the Division responsible for issuance of the permit.
On July 15 2021, the Wilmington Regional Office of the DEWLR conducted a file review Gf the suliect project
currently operating tinder Stormwater N[anagement Permit Number SW8 0010915 originally issued to CBH
Construction Co,, Inc. on OctDlw 12, 2001. This file review and research of the tax records revealed that this site is
not in compliance with the permit and that the ownership cifthe property covered by this perJnit has changed, now
being owned by Palmatier, LLC. Please note that per Section M.5 of the permit SW& 0108151 the permits must
notify the Division of any owner narrre changes, project name changes, mailing.. address changes and ownership
changes and must receive approval from the Division to transfer the permit. Please find a copy of the completed
forma entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings ofthe recent
�-
In addition to the ownership change noted above, the following deficiencies, as indicated in the attached
man report, met be resolved.
1. Permit Condition 111.7: lased on aerial imagery, it appears the site has been developed extensively beyond
what is shown on the approved plans without a modification to the permit. A modification will be: needed
to address the additional development.
2. Permit Condition II.12: The Siam: that the project has been constructed in accordance with the
approved plans, which was to be submitted within 30 days of completion of the project, has not been
submitted.
Per I SA NCAC 02H.1045 and G.S. 143-214.7 .there are three options (listed below) that are available for
transferring pa she st water permit to the new owner. The options selected may be applicable to the transfer of
I. Upon the request of the current and proposed permittee, where both the current and proposed
permitteee sign the transfer application.
❑ 2. Upon t . request of fly, -.current per ee to the HOA or POA, where only. the current permittee signs
the transfer application'
Specific submittal requirements are listed in G.S.143 214.7(c2).
3. Upon the rest of a successor owner of the property on which the permitted activity is occurring or
wr'It occur. Specific submittal requirementsaree listed in G.S.143-214.7(c5).
NwtbCwoWaDepartmmeac&&MrarAnervWQMk I Divis of Enemy:. A �►erat aad tatrd Rcs ces
1MhtdtQtM I oval office 1127 Card ml Mtw Extension I tA�n Nwth cwoMa 28405

State Stormwster Permit NO. SW8 01081
Page 2 of 2
The transfer application form is available on our white at: l ://tlk mew wy/about/divi ns/energy-m ral-
land-resaurces/emerav=ni l-)and-rmes/ water-impost-constmc#ion a Dd expkins the submittal
for each type of trader that is available.
It is your responsibility as the current permittee and cuff eat pity owner to complete, sign and submitthe
permit transfer form. P16m submit a transfer apphcatm along with the requmd documentatm listed on the
fOf In Of a plat of anion deftdmg wlem the transfer will be submitted tc) this Owe by AMgM9t 16, 2021. Any
indi� or entiy found to be in noncomphance with the pmvmons of a stoamwater managemwt permit of the
stormwater roues is subto enforcement PMCC&=s as set forth in NCGS 143 ale 21. Failure to provide the
requested MforMatioq Or to respond W this titter by the due dame,: may inztWe. enforcement action including the
assessment of civil pewlties_
If you have any questions or need further assistance, pease conta cA me in the Wihmington Regional Office, at
telephone number [phone] or via email at garrett=rda@nedenr. gov.
Sincerely,
4M �! —4
Garrett Zordn
Environmental Engineer
Enclowrre: Compliance Inspection Report
DES\gdz: \\\Stormn+ater\Permits & Project9\200I\010915 LD12021 V CEI deficient 010815
cc: Widmington Regional Office Stormwater Permit File
North Garottna Depart neat of EnvironmerAW (bjaW I Dhnshm. of Energy. bflrm--d and Land Resources
Wbw*toit ltegioEtal Office I }27 Carnal t72isx Extension ! W%ninytxi, ls%rth Carolina 2t341y5
i �m rorp�--A 9I0.7W721

Compliance Inspection Report
Permit: SW8010815 Effective:10/12/01 Expiration:
Project: CBH Construction
Owner: CBH Construction Cc Inc
County: Brunswick Adress: Hwy 74 76
Region: Wilmington
Contact Person: James Hufham
Directions to Project:
Type of Project: State Stormwater - Low Density
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 07/15/2021
Primary Inspector: Garrett D Zorda
Secondary Inspector(s):
Clty/State/Zip: Leland NC 28451
Title: President Phone:[phone]
Entry Time 08:OOAM
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 05:OOPM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

Permit: SW8010815 Owner - Project: CBH Construction Co Inc
Inspection Date: 07/15/2021 Inspection Type Compliance Evaluation Reason for Visit: Other
Inspection Summary:
The following deficiencies were noted during the recent file review inspection and must be resolved:
1) The property is no longer owned by the permittee, CBH Construction Co., Inc., and is now owned by Palmatier, LLC
however, no application to transfer the permit has been submitted.
2) Based on aerial imagery, it appears the site has been developed extensively beyond what is shown on the approves
plans without a modification to the permit. A modification will be needed to address the additional development.
3) The certification that the project has been constructed in accordance with the approved plans, which was to be
submitted within 30 days of completion of the project, has not been submitted.
File Review Yes No NA NE
Is the permit active? . ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ N ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ N ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ E ❑
Comment: The certification that the Project has been constructed in accordance with the approved Plans which
was to be submitted within 30 days of completion of the Proiect has not been submitted
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ 0 ❑ ❑
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
❑ ❑ ❑
❑ ❑■❑
Comment: Based on aerial imagery it appears the site has been developed extensively beyond what is shown or
the approved Plans without a modification to the permit A modification will be needed to address the
additional development.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ ■❑❑
Comment: The property is no longer owned by the permittee CBH Construction Co Inc and is now owned by
Palmatier. LLC, however, no application to transfer the permit has been submitted
page 2

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ROY COOPER
Governor
MONNE DEW -CA"
seae -r
BRIAN VMNN
Dv r~
July 15, 2021
CBH Construction Co., Inc., current permittee
ATTN: James Hutham. President
P.O. Box 500
Delco, NC 28436
and
Palmatier, LLC, current property owner
ATTN: Mary A. Palmatier, Manager
P.O. Box 580
Hatteras, NC 27943
NORTH CAROUNA
LW&WUMWftd QWd(tY
Subjed: Notice of F11e Review Inspection and Request for Transfer
CBH Construction
State Stormwater Management Permit No. SW8 010815
Brunswick County
Dear Mr. Hufham and Mr. Palmatier:
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. Pie note that this
letter references DEMLR as the Division responsible for issuance of the permit.
On July 15, 2021, the Wilmington Regional Office of the DEMLR conducted a file review of the subject project
currently operating under Stormwater Management Permit Number SW8 0010815 originally issued to CBH
Construction Co., Inc. on October 12, 2001. This file review and research of the tax records revealed that this site is
not in compliance with the permit and that the ownership of the property covered by this permit has changed, now
being owned by Palmatier, LLC. Please note that per Section 111.5 of the permit SW8 010815, the permittee must
notify the Division of any owner note changes, protect name changes, mailing address changes and ownership
changes and must receive approval from the Division to transfer the 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.
In addition to the ownership change noted above, the following deficiencies, as indicated in the attached
inspection report, must be resolved:
1. Permit Condition U.7: Based on aerial imagery, it appears the site has been developed extensively beyond
what is shown on the approved plans without a modification to the permit. A modification will be needed
to address the additional development.
2. Permit Condition H.12. The certification that the project has been constructed in accordance with the
approved plans, which was to be submitted within 30 days of completion of the project, has not been
submitted.
Per 15A NCAC 02H.1045 and G.S. 143-214.7 there are three options (listed below) that are available for
transferring a state stormwater permit to the new owner. The options selected may be applicable to the transfer of
the subject permit:
® L Upon the request of the current and proposed permittee, where both the current and proposed
permittee sign the transfer application.
❑ 2.. Upon the request of the current permittee to the HOA or POA, where only the current permittee signs
the transfer application. Specific submittal requirements are listed in G.S.143-214.7(c2).
® 3, Upon the request of a successor owner of the property on which the permitted activity is occurring or
will occur. Specific submittal requirements are listed in G.S.143-214.7(c5).
'iortiiCaroline Depvtmem of Ermronwr" (patty 1 DtAwon of Energy. Mneral and Land Resources
N
Wilmington Regional Office . 127 Cardin? wive Extension 1 Wilmington, North Carolina 2W5
.:�.. 4
14.74f*.72i5

State Stormwater Permit No. SW8 01081
Page 2 of 2
The transfer application form is available on our website at . https://deq.nc.gov/about/divislgg�lenerg4y-mineral-
land-resourees/energy-mineral-land-rules/stormvwater-program/-consbuction and explains the submittal
requirements for each type of transfer that is available.
It is your responsibility as the current permittee and current property owner to camp, sign and submit the
permit transfer form. Please submit a transfer application alongwith the required documentation listed on the
form or a plan of action detailing when the transfer will be submitted to this Office by August 16, 2021. Any
individual or entity found to be in noncompliance with the —provisions of a stormwater management permit or the
stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21: Failure to provide the
requested information, or to respond to this letter by the due date, may initiate enforcement action including the
assessment of civil penalties.
If you have any questions or need further assistance, please contact me in the Wilmington Regional Office, at
telephone number [phone] or via email at [e-mail].
Sincerely,
Garrett Zorda
Environmental Engineer
Enclosure. Compliance Inspectwrl Report
DES\gdz: \\\StarmwateiA.Permits & Projects\2001\010915 LD\2021 07 CEI deficient 010815
ca Wilmington Regional Office Stormwater Permit File
North Cemba Department of Environmental Quality I Division of Energy. NFineral.and Land Rftoutxes
E Q Wilmington R4onal office 1 127 Cardinal Chive Extension Wilmington, North Carolina 28405
�a` amw'� sip 910.796.7215

Compliance Inspection Report
Permit: SW8010815 Effective:10/12/01 Expiration:
Project: CBH Construction
Owner: CBH Construction Co Inc
County: Brunswick Adress: Hwy 74 76
Region: Wilmington
Contact Person: James Hufham
Directions to Project:
Type of Project: State Stormwater -Low Density
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 07/15/2021
Primary Inspector: Garrett D Zorda
Secondary Inspector(s):
City/State/Zip: Leland NC 28451
Title: President Phone:[phone]
Entry Time 08:OOAM
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 05:OOPM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

Permit: SW8010815 Owner - Project: CBH Construction Co Inc
Inspection Date: 07/15/2021 Inspection Type Compliance Evaluation Reason for Visit: Other
Inspection Summary:
The following deficiencies were noted during the recent file review inspection and must be resolved:
i) The property is no longer owned by the permittee, CBH Construction Co., Inc., and is now owned by Palmatier, LLC
however, no application to transfer the permit has been submitted.
2) Based on aerial imagery, it appears the site has been developed extensively beyond what is shown on the approve(
plans without a modification to the permit. A modification will be needed to address the additional development.
3) The certification that the project has been constructed in accordance with the approved plans, which was to be
submitted within 30 days of completion of the project, has not been submitted.
File Review Yes No NA NE
Is the permit active? 0 El El ❑
Signed copy of the Engineer's certification is in the file? ❑ M ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 1:1 El On
Copy of the recorded deed restrictions is in the file? ❑ M
Comment: The certification that the project has been constructed in accordance with the approved Plans which
was to be submitted within 30 days of completion of the project has not been submitted
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑
Is the drainage area as per the permit and approved plans? M ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ 0 ❑
Comment: Based on aerial imagery, it appears the site has been developed extensively beyond what is shown or
the approved Plans without a modification to the permit. A modification will be needed to address the
additional development.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑
Comment: The property is no longer owned by the oermittee CBH Construction Co Inc and is now owned by
Palmatier. LLC, however, no application to transfer the permit has been submitted
page 2

Zorda, Garrett D
From:
Zorda, Garrett D
Sent:
Wednesday, July 14, 2021 4:10 PM
To:
Hall, Christine
Cc:
Brown, Creighton A
Subject:
RE: [External] Fw: 3594 Andrew Jackson Hwy NE Leland
Good Afternoon Christine,
I have looked into the site in question and found that it is part of an existing 30% low density permit. The permit is SW8
010815 issued on October 12, 2001 with the current permittee being CBH Construction Co., Inc., which is dissolved. The
permit boundary includes not only the area in question, but also the development to the west. Based on a search of the
Brunswick County Register of Deeds, it appears that CBH Construction, Inc. foreclosed on the property in 2012 (BK 3269
PG 547) and the current owner, Palmatier, LLC, purchased it, but the permit was never transferred.
The permitted area covers a 43.14 acre area with 67,866 square feet of BUA approved. In comparing the approved plans
to aerial images, the project appears to have been expanded over the years without any modifications to the permit,
however there is one inspection from 2011, but that came back as compliant. The property was then developed
extensively sometime in 2013-2014, after Palmatier, LLC purchased the property, that included the addition of buildings
and gravel area. This is also around the time that the gravel area in question appears on aerial imagery. No modification
to this permit was done and I could not find another permit linked to this site. While I can't fully confirm the extent of
the BUA currently on site to know how close to the 30% maximum they are, they certainly exceed the originally
permitted 67,866 square feet shown on the approved plans.
Let me know how you would like to proceed with this. I have updated the coordinates in BIMS for SW8 010815, as they
were in the middle of nowhere, so the "map" feature should now bring you to the correct spot.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct " Please note the change to my direct phone number"
garrett.zorda0 ncden r.Qov
127 Cardinal Drive Ext.
Wilmington, NC 28405
DE�
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From: Hall, Christine <[e-mail]>
Sent: Wednesday, July 14, 2021 12:56 PM
To: Brown, Creighton A <[e-mail]>
Cc: Zorda, Garrett D <[e-mail]>
Subject: FW: [External] Fw: 3594 Andrew Jackson Hwy NE Leland
Thanks Creighton.
Did they add more than 10,J113 sf of BUA as part of this improvements? In looking at the aerials and the site plan, it's
hard to tell. If they did, then they trigger the need for a SW permit.
Garrett,
Please follow up on this to see if it is part of an existing permitted site or exceeded 10,000 sf of BUA.
Christine Hall, PE
Wilmington Regional Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources — State Stormwater Program
North Carolina Department of Environmental Quality
Office:
910 796 7215
Direct:
910 796 7339
Email:
christine.hallCaD-ncderingov
Address:
127 Cardinal Drive Ext.
Wilmington, NC 28405
QEQ.9
Einai' conesponcbnce to ar d from this acidness is suh'ec :) th-
forth Carofir:s Puh'ic r?ec•crds Law and ivay Ee disclosed f:5 tdrzl parties.
From: Brown, Creighton A
Sent: Wednesday, July 14, 2021 10:37 AM
To: Hall, Christine <[e-mail]>
Subject: FW: [External] Fw: 3594 Andrew Jackson Hwy NE Leland
Christine,
I have been talking to the owners of this business about whether they need E&SC approvals or Stormwater permits.
They are stating that they have only added ABC stone over gravel that was already onsite. It was previously used as a
laydown area for the adjacent business. Rhonda and I have decided that a E&SC approval is not necessary, but I figure I
would send you supporting information to determ'sne whether they need anything from sormwater. Please see the
attached email and email thread below. Brunswick County brought this to our attention and the business owners are
trying to get everything addressed.
Let me know if you have any questions.
Thanks
Creighton Brown
Environmental Specaiist
Borth Carolina Department of Environmental Quality
Division of Energy, Mineral and Land Resources
[phone] office
[phone] direct
Cre c hton. browns ncder; .c :)v

i.
127 Cardinal Drive Extension
Wilmington, North Carclina 28405
Ema '! i?] ezr nr Zf: a fL. u. iS S!►':ram. = tiz. r;
+tin Ca; v na Fub!ic Recoi us Lat- - and may be a scL sed. to t!7,: a _: s.
From: [e-mail] [mailto:[e-mail]
Sent: Friday, July 9, 20215:15 PM
To: Brown, Creighton A <[e-mail]>
Subject: RE: [External] Fw: 3594 Andrew Jackson Hwy NE Leland
rAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam,
Creighton Brown,
Thank you for responding. Attached below are the photos of the lot before the start of our project.
Thank You
Jessica Swearingen
J&J Outdoor Buildings
910-742-2008
On Fri, Jul 9, 2021 at 4:50 PM, Brown, Creighton A
<[e-mail]> wrote:
Mr. and Mrs. Swearingen,
I received your email, but the pictures were not included. Could you send the before ar°d after pictu, es and I
wall forward to Christine !-fall, our State Stormwater Supe±viscr.
Thanks
Creighton Bro%;�in
Environmental Specialist
North Carolina Department of Environmental Quality

Division of Energy, Mineral and Land Resources
[phone] office
[phone] direct
Creighton. brown (d-)ncden r. gov
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
:DHEQ15
4§.: - - —
cNffgbl�
ME=$ P� M1QEW\40'—
Email cerresponden::e to and from, Ynis address is slubjec` to the
iVorth Carodi aa P.,biic Recc; os Laty and :may be disc used tc third parties.
From: jandioutdoor(cD-yahoo.comfmaiIto: iandioutdoor(a),yahoo.corn
Sent: Friday, July 9, 2021 10:59 AM
To: Brown, Creighton A <creighton.brown CD_ncdenr.gov>
Subject: [External] Fw: 3594 Andrew Jackson Hwy NE Leland
CAUTION: External email. Do not dick links or open attachments unless you verifv. Send all suspicious email as an
attachment to Report Scam.
Sent from Yahoo Mail on Android
Forwarded 1Llessage

,. From: "jerry swearingen" <iandbutdoorAyahoo.corn>
To: "Creighton. Bronwa—ncdenr.Qov" <creighton.bronwP-ncdenr.gov>
Cc:
Sere: Mon, Jan 28, 2021 at 2:16 PVC
Subject: Re: 3594 Andrew Jackson Hwy NE Leland
Hello Creighton
We just wanted to follow up with you to make sure that you received the pictures and receipts that the gravel was pre
existing on the lot. If you would please reply or call us to let know that you have received this email and follow up with our
next steps that needs to be taken.
Jerry Swearingen
J and J Outdoor
910 742 1969
Sent from Yahoo Mail. Get the app
On Saturday, June 12, 2021, 10:42:15 AM EDT, jerry swearingen <IandioutdoorcDyahoo.com> wrote:
Jerry Swearingen
J and J Outdoor
910 742 1969
Sent from Yahoo Mail. Get the app
On Saturday, June 12, 2021, 10:35:30 AM EDT, Lndioutdoor(awahoo.com <jandioutdoorCcwahoo.com> wrote:
Hello Creighton
We met a few weeks ago at our new shed sales lot that we are opening on 74 in Leland. We were told by the county that
we needed to wcrk with you about the state storm water and ems'an control permits. As we understood in speaking with
you that we do don't need a permit. Or any storm :�+ater control it we could show that the grave, was pre existing on the
lot.
Attached are pictures showing the gravel that US Vfick Drain had placed there a few years prie~.
hope this helps.
Thanks,
Jerry and Jessica Swearingen
J and J Outdoor
910 742 1969