HomeMy WebLinkAboutSW8960319_Compliance Evaluation Inspection_20140711Compliance Inspection Report
Permit: SW8960319 Effective:07/11114 Expiration:
Project: Cape Island Subdivision
Owner: Cape Island HOA
County: Onslow Adress: NCSR 1568
Region: Wilmington
City/State/Zip: N Topsail Beach NC 28460
Contact Person: Fred Harris Title:
Directions to Project:
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Alligator Bay) (03-05-02) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 07/11/2014 Entry Time: 12:OO13M
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Brian P Lambe
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: M Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: 414-333-5418
Exit Time: 12:30PM
Phone: 910-796-7215
Inspection Type: Compliance Evaluation
page: 1
Permit: SW8960319
Inspection Date: 07111/2014
Owner - Project: Cape Island HOA
Inspection Type Compliance Evaluation
Reason for Visit- Follow-up
Inspection Summary:
This was a followup file review to the February 27, 2014 inspection. The only compliance issue from that inspection were
in regard to the overage at the clubhouse and the fact that the permit had not been transferred to the Association.
On June 6, 2014, the clubhouse BUA overage was addressed by reallocating some of the 10,000 sf available for the
Ocean Access Park to the clubhouse.
The project is in compliance and is being transferred to the Association.
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment:
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as nor the nermit and approved plans?
Yes No NA NE
❑ 110
❑ ❑■❑
E ❑ ❑ ❑
Yes No NA NE
❑ ❑ ❑
N ❑❑❑
Is the BUA (as permitted) graded such that the runoff drains to the system? 1111011
Comment: 1. Per a cursory review of the lots in Goggle and of the available building permits all lots appear to be
less than the 5.124 sf maximum allowed BUA limit.
2. To address the BUA overage found at the clubhouse site, the permit was modified on June 6 2014 A
later er BUA allocation for the clubhouse was approved, taken from the Ocean Access Park.
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? 0 ❑ ❑ ❑
Comment: 3. More than 50% of the lots are sold to individuals and the common areas of the project have been
conveyed to the Association. .
page: 2
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North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM
Director
March 5, 2014
Island Development Group, Inc.
c% Charles S. Lanier, Registered Agent
114 Old Bridge Street
Jacksonville, NC 28540
Subject: Notice of Inspection — Non -Compliant
Cape Island Subdivision
Stormwater Management Permit No. SW8 960319
Onslow County
Dear Mr. Lanier:
Pat McCrory, Governor
John E. Skvarla, III, Secretary
On February 27, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Cape Island Subdivision in North Topsail Beach, Onslow
County to determine the status of compliance with the State Stormwater Management Permit
Number SW8 960319 issued on July 3, 1997. DEMLR file review and site inspection revealed
that the site is not compliant with the terms and conditions of this permit. Please find a copy of
the completed form entitled "Compliance Inspection Report" attached to this letter, which
summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Update -the clubhouse lot plan to account for the additional built -upon area from the
concrete pool deck and the expanded ABC -stone parking lot.
2. Initiate the transfer of the stormwater permit to the Cape Island Homeowners
Committee, Inc., by signing a Name/Ownership Change form. We understand that the
LLC has been dissolved, however pursuant to NCGS 55-14-05(a), a dissolved corporate
entity continues its corporate business but may not carry on any business except those
acts necessary to wind up and liquidate its business and affairs. As the registered agent
for the -corporate entity, you may sign and submit the necessary documents on behalf of
the dissolved corporation to transfer the permit to the Association.
3. The Association may also request the transfer of the permit to them upon the submission
of a signed Name/Ownership Change form and a copy of the deed conveying ownership
of the common areas to the Association.
Please inform this Office in writing before April 5, 2014, of the specific actions that will be
undertaken and the time frame that will be required to submit the required information. 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 of up to $25,000 per day. - If a
written plan of action is not submitted to this office by April 4, 2014 then DEMLR staff will re-
inspect the site and issue a Notice of Violation if the listed deficiencies have not been
addressed.
Please be advised that you are required to comply with the terms, conditions and limitations of
your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H
.1000 and North Carolina General. Statute 143-214.7, including operation and maintenance of
your permitted stormwater system and transferring the permit.. Violations of your Stormwater
Management Permit may be subject to the assessment of civil penalties of up to $25,000 per
day per violation.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004
Mr. Lanier
March 5, 2014
SW8 960319
If the project has gone into foreclosure, or changed its name, ownership, or mailing address, it is
your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR
at least 30 calendar days prior to making the changes. Please include the name, mailing
address and phone number of the person or entity that is now responsible for this permit on the
Name/Ownership Change form.
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number (910)-796-7215 or via email at linda.lewis _ncdenr.aov.
Sincerely,
x�'-e';' A"
Linda Lewis
Environmental Engineer III
Enc: Compliance Inspection Report
GDS1arl: GAMShared0ormwaterTermits & Pmjects11996\960319 LD12014 03 CEI_deficient 960319
cc: Don Harte, Cape Island Homeowners Committee
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
H,gr k. c—Yan 5 T;Zcj; stereo /beri-f -'
Page 2 of 2
Compliance Inspection Report
Permit: SW6960319 Effective: 05/09/96 Expiration:
County: Onslow
Region: Wilmington
Contact Person: Charles Mantooth Title:
Directions to Project:
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Alligator Bay) (03-05-02) (SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 0212712014 EntryTime: 11:17 AM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Brian P Lambe
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
® State Smrmwater
(See attachment summary)
Owner: Island Development Group LLC
Project: Cape Island-N. Topsail BCH
Exit Time: 11:24 AM
Phone:
Phone: 910-796-7215
Phone:
Inspection Type: Compliance Evaluation
Page: 1
Permit: SW8960319 Owner - Project: Island Development Group LLC
Inspection Date: 02127/2014 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The project is in good shape overall. There are just a few items to be addressed, including:
1. Updating the clubhouse plan to account for the concrete pool deck and the additional stone parking area. The total
built -upon area for the clubhouse lot must be below 4520 sf, otherwise, a permit modification will be needed to reallocate
the necessary BUA from the lots to the clubhouse lot.
2. Submit a request to transfer the stormwater permit to the Association, which would include documentation that more
than 50% of the lots are sold, and documentation that no lot has exceeded its permitted maximum BUA.
Page: 2
Permit: SW8960319 owner - Project: Island Development Group LLC
Inspection Date: 02/27/2014 Inspection Type: Compliance Evaluation Reason for Visit: Routine
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the tile?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment:
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
is the BUA (as permitted) graded such that the runoff drains to the system?
Comment: 1. A pool with a concrete pool deck has been added to the clubhouse area
and the ABC stone parking lot has been expanded. The permit currently limits the BUA
for the clubhouse lot to a maximum of 4520 sf.
2. The lots appeared to be in compliance with the 5124 sf limit, however, before the
permit can be transferred to the Association, documentation is needed to verify that no
lot has exceeded the limit.
Yes No NA NE
R ❑ ❑ ❑
❑u■❑I
0000
■❑❑❑
Yes No NA NE
❑t]❑❑
'®❑❑ ❑
WOOD
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? N ❑ ❑ ❑
Are the outlet structures located per the approved plans? 130 ® ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? W ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 130 ❑
upon request?
Comment: ' 3. The swales are in great shape and had no erosion problems.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ R ❑ ❑
Comment: 4. Changes to the clubhouse lot were not submitted for review as required
by Design Standard Section 1.10 of the permit.
5. The permit needs to be transferred to the Cape Island Homeowner's Committee, Inc.
Page: 3
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North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvada, III, Secretary
March 5, 2014
Island Development Group, Inc.
do Charles S. Lanier, Registered Agent
114 Old Bridge Street
Jacksonville, NC 28540
Subject: Notice of Inspection — Non -Compliant
Cape Island Subdivision
Stormwater Management Permit No. SW8 960319
Onslow County
Dear Mr. Lanier:
On February 27, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Cape Island Subdivision in North Topsail Beach, Onslow
County to determine the status of compliance with the State Stormwater Management Permit
Number SW8 960319 issued on July 3, 1997. DEMLR file review and site inspection revealed
that the site is not compliant with the terms and conditions of this permit. Please find a copy of
the completed form entitled "Compliance Inspection Report" attached to this letter, which
summarizes the findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Update the clubhouse lot plan to account for the additional built -upon area from the
concrete pool deck and the expanded ABC stone parking lot.
2. Initiate the transfer of the stormwater permit to the Cape Island Homeowners
Committee, Inc., by signing a Name/Ownership Change form. We understand that the
LLC has been dissolved, however pursuant to NCGS 55-14-05(a), a dissolved corporate
entity continues its corporate business but may not carry on any business except those
acts necessary to wind up and liquidate its business and affairs. As the registered agent
for the corporate entity, you may sign and submit the necessary documents on behalf of
the dissolved corporation to transfer the permit to the Association.
3. The Association may also request the transfer of the permit to them upon the submission
of a signed Name/Ownership Change form and a copy of the deed conveying ownership
of the common areas to the Association.
Please inform this Office in writing before April 5, 2014, of the specific actions that will be
undertaken and the time frame that will be required to submit the required information. 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 of up to $25,000 per day. If a
written plan of action is not submitted to this office by April 4, 2014 then DEMLR staff will re-
inspect the site and issue a Notice of Violation if the listed deficiencies have not been
addressed.
Please be advised that you are required to comply with the terms, conditions and limitations of
your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H
.1000 and North Carolina General Statute 143-214.7, including operation and maintenance of
your permitted stormwater system and transferring the permit. Violations of your Stormwater
Management Permit may be subject to the assessment of civil penalties of up to $25,000 per
day per violation.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004
Mr. Lanier
March 5, 2014
SW8 960319
If the project has gone into foreclosure, or changed its name, ownership, or mailing address, it is
your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR
at least 30 calendar days prior to making the changes. Please include the name, mailing
address and phone number of the person or entity that is now responsible for this permit on the
Name/Ownership Change form.
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number (910)-796-7215 or via email at Iinda.lewisa-ncdenr.aov.
Sincerely,
Linda Lewis
Environmental Engineer III
Enc: Compliance Inspection Report
GDS1arl: G:1WQ1Shared\StormwateAPermits & Projects119961960319 LD12014 03 CEI_deficient 960319
cc: Don Harte, Cape Island Homeowners Committee
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 2 of 2
Compliance Inspection Report
Permit: SW8960319 Effective: 05/09/96 Expiration:
County: Onslow
Region: Wilmington
Contact Person: Charles Mantooth Title:
Directions to Project
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Alligator Bay) (03-05-02 ) ( SA;ORW)
On -Site Representathre(s):
Related Permits:
Inspection Date: 02127/2014 EntryTime: 11:17 AM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Brian P Lambe
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Owner: Island Development Group LLC
Project: Cape Island-N. Topsail BCH
Exit Time: 11:24 AM
Phone:
Phone: 910-796-7215
Phone:
Inspection Type: Compliance Evaluation
Page: 1
Permit: SW8960319 owner - Project: Island Development Group LLC
Inspection Date: 02/27/2014 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The project is in good shape overall. There are just a few items to be addressed, including:
1. Updating the clubhouse plan to account for the concrete pool deck and the additional stone parking area. The total
built -upon area for the clubhouse lot must be below 4520 sf, otherwise, a permit modification will be needed to reallocate
the necessary BUA from the lots to the clubhouse lot.
2. Submit a request to transfer the stormwater permit to the Association, which would include documentation that more
than 50% of the lots are sold, and documentation that no lot has exceeded its permitted maximum BUA.
Page: 2
Permit: SW8960319 Owner - Project: Island Development Group LLC
Inspection Date: 02/27/2014 Inspection Type: Compliance Evaluation
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment:
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Reason for Visit: Routine
Comment: 1. A pool with a concrete pool deck has been added to the clubhouse area
and the ABC stone parking lot has been expanded. The permit currently limits the BUA
for the clubhouse lot to a maximum of 4520 sf.
2. The lots appeared to be in compliance with the 5124 sf limit, however, before the
permit can be transferred to the Association, documentation is needed to verify that no
lot has exceeded the limit.
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment:
Yes No NA NE
■ ❑ ❑ ❑
0000
0000
0000
V-- \I- \IA \IC
Yes No NA NE
0000
■ ❑ ❑ ❑
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ■ ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: ' 3. The swales are in great shape and had no erosion problems.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ■ ❑ ❑
Comment: 4. Changes to the clubhouse lot were not submitted for review as required
by Design Standard Section 1.10 of the permit.
5. The permit needs to be transferred to the Cape Island Homeowner's Committee, Inc.
Page: 3
North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross,.Jr., Secretary
April 19, 2001
Mr. Charles Mantooth, Secretary/Treasurer.
Island Development Group, LLC
3211 Riverside Drive
Danville, VA 24541
..........r�r
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: COMPLIANCE INSPECTION
Cape Island Subdivision
Stormwater Project No. SW8 960319
Onslow County
Dear Mr. Mantooth:
Please find attached a copy of the completed form entitled "Stonmwater Compliance Inspection Report". The
report summarizes the findings of a recent inspection of the project's stormwater controls conducted on April 16,
2001 to determine compliance with Stormwater Permit Number SW8 960319 issued on July 3, 1997.
A summary of the findings and comments are noted under Section 4 of the report. Please inform this Office
in writing before May 19, 2001 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\STORMWATIINSPECT\960319.APR
cc: Gordon McAdams, P.E.
Central Files
Wilmington Regional Office
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405
An Equal Opportunity Affirmative Action Employer
Telephone 910-395-3900 FAX 910-350-2004
50% recycled/10% post -consumer paper
STORMWATLR COMPLIANCI? INSPECTION R11WORT
l . Project Namc: Cape Island Subdivision
Proiect Number: SW8 960319 Control Measure: 25% low density
Water Body: Alligator- Bay Classification: SA ORW
Directions to site, address: off NCSR 1568, North Topsail, across from Wyndy Dunes.
2. Inspection Date: April 16, 2001
Weather Conditions: sunny, cool
3. Compliance Issues:
a. A copy of the recorded deed restrictions has not been submitted. The permit allowed a total of 61
lots @5;124 ftz each, and a clubhouse @4,520 ftZ.
4. Required Actions:
a. Please submit a copy of the recorded restrictions immediately which contain all the language as
found in the permit.
b. If lots have been sold prior to the restrictions being recorded, a modification to the permit will need
to be submitted.
Inspector: Linda Lewis
Water Quality/Wilmington Regional Off ce/(910) 395-3900
RSS/arl S:\WQS\STORMWAT\INSPF,C R960319.APR