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Home My WebLink AboutSW8140406_Notice of Cont Violation & Recom of Enforce_20211214ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director December 9, 2021 NORTH CAROLINA. Enviranmentat Quaaty CERTIFIED MAIM. #7014 2120 0000 8055 4133 RETURN RECEIPT REQUESTED Steve W, Doebler 401K Trust Attn: Mr. Steven W. Doebler, Trustee 523 Wayne Avenue Pittman, NJ 08071 RECEIVED DEC 14 2121 DENR•LANQ QUALITY STORMWATER PERMITTING Subject: NOTICE OF CONTINUING VIOLATION AND RECOMMENDATION FOR ENFORCEMENT NOV- 2020-PC-0508 Stormwater Management Permit No. SW8 140406 River Oake Carteret County Dear Permittee, On July 7, 2021, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources (DEMLR) performed an inspection to determine the status of compliance with Stormwater Management Permit No. SW8 140406, which was issued to you on May 3, 2017, for the River Oake, located along Christine Maria Way in Cedar Point, Carteret County, North Carolina. This letter is to notify you that you remain under a continuing violation of Title 15A North Carolina Administrative Code (NCAC) 02H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to respond to the Notice of Violation dated December 3, 2020, and for failing to resolve the violations. The violations, as outlined in the prior notices of violation and updated below, are: 1.Failure to construct according to the approved plan. Per Section III (9) of the Permit the permittee shall construct, operate, and maintain the approved stormwater system in accordance with the permit requirements and the supporting documents. In addition, per Section II (6), the permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans. The following deficiencies were noted. a. The 3:1 swales are not in place. b. A small ditch has been dug along the northern edge of the subdivision which does not drain to the infiltration basin. 2. Failure to certify the stormwater system. Per Section Il (10) of the Permit, 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. An administrative review of the file revealed that this Office has not received the Designer's Certification. Please consider the following during the certification process: a. The 3:1 swales are not in place. b. The elevation of the inlets in the cul-de-sac are reportedly set too high. D_En Q'. North Carolina Department of Environmental Quality I Dtviston of Energy, Mneral and land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 xonm os.�.rasn.m.wa / 910.796.7215 State Stormwater Permit No. SW8 140406 Page 2 of 2 3.Failure to Operate and Maintain the Stormwater stem. Per Section II (11) of the permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stornwater system functions at design condition. The project must be maintained per the Operation and Maintenance (O&M) Agreement. Specifically, a. The infiltration basin needs to be cleaned out. b. Vegetation needs to be maintained on the side slopes of the basin. As also stated in the permit, the approved O&M Agreement must be followed in its entirety and maintenance must occur at the scheduled intervals, including, but not limited to: a. Routine monthly inspections b. Sediment Removal c. Mowing and re -vegetation of side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with the approved plans and specifications £ Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping g. Access to the outlet / bypass structure must always be available. This Office requires that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should include a written "Schedule of Compliance" which outlines the actions you will take to correct the violadon(s) noted above and in the attached inspection report and a time frame for completion of those actions. Thank you for your immediate attention to this matter. This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated, and properly resolved. Please reference the State assigned project number on all correspondence. Should you have any questions regarding these matters, please contact Kelly Johnson, Environmental Engineer III, via email at kelly.pjohnson@ncdenr.gov or Christine Hall, Wilmington Regional Stormwater Program Supervisor, via email at christine.hall@ncdenr.gov. Both can be reached at (910) 796-7215. Sincerely, ;97"- Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Compliance Inspection Report Attachment A - Inspection Photos Attachment B - Vicinity/ Site Map with Photo Locations DES/ kpj:\\\ Stormwater\Permits & Projects\2014\140406 HD\2021 12 NOVRE 140406 cc: Justin C. Bishop, Malpass Engineering & Surveying, PC New Hanover County Engineering Brad Cole, PE / Alaina Morman; DEMLR Wilmington Regional Office Stormwater File DNn 1Z. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 a iww+m+a� /'� 910.796.7215 Attachment A — Inspection Photos T ce';; - 1 T i 9..1 Roadside Swales are not Installed (8/12/2020) AVE at , @ ami ~ w amv o cu rronn a.q 25 JS I ll I ` 9RNI� � rs TYPICAL PAVEMENT SECTION SUB✓ECT TO GEOTECHNICAL ENGINEER RECOMMENOATION /wr m srww Roadside Swales on Permitted Plans State Storalwater Permit No. SW8 140406 Page 2 of 4 Infiltration Basin (7/7/2021) Infiltration Basin (8/12/2020) ,0111k Nm QJ/ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 xaanrsnaru ww�..aauw...naw� 910.796.7215 State Stormwater Permit No. SW8 140406 Page 3 of 4 Infiltration Basin (3/6/2019) StOrmwatei Plan :. I I Approximate Location of Broken Pipe (7/7/2021) IrIft Mn Aft,� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit No. SW8 140406 Page 4 of 4 Potentially Broken Pipe Underground (7/7/3031) BC Q,� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 o en .mA.i "e..�s�..uro.ra� 910.796.7215 Attachment B - Vicinity May Google Earth aerial photograph dated March 11, 2019, with approximate project boundary. The infiltration basin has a permitted surface area of 1,259sf. Arn 2c 1- 4e: slur i �,,re, added "(;, navel =