SW8180710_Notice of Violation_20190919

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Director
September 11, 2019
NORTH CAROLINA
EnWronmentaf Qua/try
CERTIFIED MAIL 0 7013 2630 0002 1133 7263
RETLR.N RECEIPT REQUESTED
Mr. McKinley Dull
GBT Acquisition
3807 Peachtree Avenue, Suite 200
Wilmington, NC 28403-6725
5EP 19 2013
DEIdR•LAND QUALM(
STORi'AlYWER PERN4.-UTING
Subject: NOTICE OF VIOLATION
NOV-2019 - PC - 0626
Failure to Obtain State Stormwater Management Permit
MARS Memory Health
New Hanover County
Dear Mr. Dull:
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code
(NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to
apply for and secure a Stormwater Management Permit and G.S. 143-215.1(a)(1) for creating an
unauthorized outlet to waters of the State.
On September 3, 2019, Division of Energy, Mineral and Land Resources (DEMRL) in the Wilmington
Regional Office inspected the site and observed land disturbance and impervious surfaces installed
on the subject development site known as MARS Memory Health located at 4415 Junction Park
Drive, New Hanover County, North Carolina.
A review of DEMLR files confirmed that a State Stormwater Management Permit has not been
issued prior to construction of impervious surfaces atthe subject site as described above. As a
result of the site inspection and file review, the following violations are noted:
1. Failure to Obtain a State Stormwater Management Permit
You applied for a State Stormwater permit, SW8 180710, but that application was returned
unpermitted on June 11, 2019. The return letter is enclosed. The project has since begun
construction without a permit Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7,
requires a State Stormwater Management Permit for development activities within the 20 coastal
counties that require a Coastal Area Management Act (CAMA) Major Permit or an Erosion and
Sedimentation Control Plan. The inspection and DEMLR file review confirms that a State
Stormwater Management Permit was not obtained prior to construction of impervious surfaces at
the subject site as described above.
D_E Aft North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
\ r Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
d^^vV_ 910.796.7215

Required Response
This Office requests 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 address the following items:
1. Please explain when construction (excavation, grubbing, and clearing) began at the site.
2. Please clearly explain why the appropriate Stormwater Permit was not secured.
3. Submit a complete permit application with a completed supplement form, a signed 0&M
agreement, sealed calculations, and two sets of detailed plans along with the processing
fee currently set at $505. Please note that a Designer's Certification is also required
upon project completion.
By copy of this letter to the New Hanover County Building Inspection Office, NCDENR is requesting
that the Building Inspector withhold building permits and Certificates of Occupancy for this project
until this matter is satisfactorily resolved.
Thank you for your immediate attention to this matter. 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. Should
you have any questions regarding these matters, please contact either Kelly Johnson or me at 910-796-
7215.
Sincerely,
Danny Smi , DYh irector
Division of Energy, Mineral, and Land Resources
GDS\kpj: \\\Stormwater\Permits & Projects\ Application Requests\2019 09 NOV NH -MARS Memory Health
enc: SW8 180710 Return Letter (June 11, 2019)
cc: Pete Avery, VP Administration, McKinley Building Corporation
(via email only, [e-mail])
Phil Tripp, PE, Tripp Engineering
(via email only, [e-mail])
Building Inspector, New Hanover County Building Inspections
Annette Lucas, PE; DEMLR
Wilmington Regional Office Stormwater File, Application Requests
Wilmington Regional Office Stormwater File, SW8 180710

N
ROY COOPER
Governor
MICHAEL S. REGAL
Secretary
S. DANIEL SMITH
Interim Director
June 11, 2019
NORTH CAROLINA
Environmental Quality
GSSC Properties, LLC (SW8 980224.1 ermittee)
(formerly Gulfstream Shopping Center Properties: LLC)
AND
GBT Acquisition, LLC (EW8180710 _Applicant)
ATTN: Mr. McKinley (Ken) Dull
3807 Peachtree Avenue, Suite 200
Wilmington, ITC 28403-
Subject: State Stormwater Permits:
SW8180710 (NLA-RS Memory Health Center):
Project Return
SW8 980224 (Junction Creek Commercial Subdivision):
Notice of Inspection
New Hanover County
Dear Mr. Dull:
The Wilmington Regional Office received and accepted a State Stormwater Management Application for
MARS Memory Health on July 30, 2018 and requested additional information with a notice of inspection
for the Master Permit, SW8 980224, on September 7, 2018 with a follow up inspection letter dated
December 19, 2018. The master permit needs maintenance to the pond, some of which was requested on
three separate occasions in 2014 but has still not been addressed. The offsite permit for MARS Memory
Health cannot be issued until the pond serving it is in working order. We discussed the project over email
several times granting extensions for various reasons. On May 22, 2019 we discussed that the extension
to June 14, 2019 would be the final extension. Today I received an email that you all will not be able to
complete the necessary items by that date.
SW8 180710, MARS Memory Health: Per the requirements of Title 15A NCAC
02H.1042(3)(a)(ii) of the Stormwater Management Rules, this Office is hereby returning the
subject application as incomplete. The $505.00 application fee has been forfeited and a new fee
will need to be provided if you choose to resubmit this application in the future. If you wish to
pursue construction of this proposed project, you must reapply for a permit to the Division. Your
application package must include a completed and signed application form; supplement form;
signed 0&M agreement; application fee; signed, sealed and dated calculations; and 2 sets of
signed, sealed and dated site layout and grading plans with details. Please be aware that the
construction of any impervious surfaces on the property prior to receipt of a stormwater permit,
other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a
violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-
215.6A. By copy of this letter to the local Building Inspector, this Office is requesting that they
consider withholding the building permits and Certificates of Occupancy for this project pending
issuance of a Stormwater Management Permit.
2. SW8 980224, Junction Creek Commercial Subdivision: Please fully address the items in the
September 7, 2018 and December 19, 2018 letters by August 12, 2019 or DEMLR will conduct a
re -inspection and initiate the violation process.
ffim North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
94 MM :P
Wilmington Regional Office 1 I27 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
° °■" �^°�n°� � 910.796.7215

State Stormwater Permit 'No. SW8 180710
Page 2 of 2
If you have any questions concerning this matter, please contact Kelly Johnson at (910) 796-721 S or via
e-mail at kelly.p [e-mail].
Sincerely,
•�� S. Daniel Smith, Interim Director
Division of Energy, Mineral and Land Resources
GDS./kpj: 111StormwaterlPermits & Projects120I8\180710 Offste12019 06 return_project 180710
enc: SW8 180710 Application (to Engineer)
September 7, 2018 letter
December 19, 2018 letter
cc: Mr. Phillip G. Tripp, PE, Tripp Engineering
419 Chestnut Street, Wilmington, ITC 28401
Mr. Pete Avery, McKinley Building Corporation, VP Administration
Via email only, [e-mail]
New Hanover County Building Safety Department.
New Hanover County Engineering
Wilmington Regional Office