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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 Y4j 14 0 ti7 M m N0 3• 0 C 7 co o N n < tart 0 ca CD ;V r 0 cQ CA' CJ rn o O D b 3 cQ 3 CD wW� L 0, CD rn a C N unurto 0 0 M9 O `" iI N� iJ C ia 0500 Wrap OD N 4/� O 0 W� Gl Js a Jyc NCDENR 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 Z " O o 00 w o 0 CD Q) r :3 CD CL 0 D 3 0CD CD 0 0 3 3. CD y. CD EWA NCDENR 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