SW8140406_Notice of Violation_20201215

ROY COOPER
Governor
NUC14AEL S. REGAN
Secretary
BRIAN WRENN
Director
December 3, 2020
NORTH CAROLINA
Environments( Quality
RECEIVED
CERTIFIED MAIL #7014 2120 0000 8055 4034 p Z�Z1
RETURN RECEIPT REQUESTED J
Steve W. Doebler, Trustee DENR•LAND oLl .[ 1^'
Attn: Mr. Steve W. Doebler 402K Trust STORMWATER PERi11f ZING
523 Wayne Avenue
Pittman, NJ 08071
Subject: NOTICE OF VIOLATION, NOV-2020-PC-0508
River Oake
Stormwater Permit No. SW8 140406
Carteret County
Dear Mr. Doebler.
�N�Q�ACIIySE�r1 pN
On December 3, 2020, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources
(DEMLR) performed a Compliance Inspection of the subject project, located along Christina Maria Way in Cedar
Point, Carteret County, North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 140406, issued to you most recently on May 3, 2017.
This project has a history of non-compliance as summarized in the enclosed Historical Summary document.
River Oake was issued a Notice of Violation and Recommendation for Enforcement (NOVRE) on November 10,
2016 for issues which have since been resolved. Since that time, there have been five (5) non -compliant
inspections for additional deficiencies. This resulted in the enclosed Notice of Deficiency (NOD) which was
issued on October 14, 2020. No response to the NOD was received.
The project has been found in violation of Stormwater Permit Number SW8 140406, issued pursuant to the
requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found 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.
• The 3:1 swales are not in place.
• 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 11(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:
• The 3:1 swales are not in place.
• The elevation of the inlets in the cul-de-sac are reportedly set too high.
oc.m.ma o.n,�
North Carolina Department of Environmental Quality i Division of Energy. Mineral and Land Resources
Wilmmgton Regional Office i 127 Cardinal Drive Extension I Wilmington North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 140406
Page 2 of 2
3. Failure to Operate and Maintain the Stormwater System. Per Section 11 (11) of the permit, the
Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater
system functions at design condition. The project must be maintained per the Operation and
Maintenance (O&M) Agreement. Specifically,
• The infiltration basin needs to be cleaned out.
• 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:
• Routine monthly inspections
• Sediment Removal
• Mowing and re -vegetation of side slopes
• Immediate repair of eroded areas
• 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
• Access to the outlet / bypass structure must always be available.
To correct these violations, you must:
1. Failure to construct according to the approved plan: Please either
a. Make the appropriate site changes to ensure that the constructed condition matches the approved
plans, or
b. Consult your engineer to identify appropriate changes to the plans, and then apply for a permit
modification to modify the plans.
2. Failure to certify the stormwater system: Submit the Designer's Certification.
3. Failure to Operate and Maintain the Stormwater System: Maintain the system per the Operation and
Maintenance (O&M) agreement.
Please provide a "Schedule of Compliance" by January 4, 2021 to DEMLR that states how and when these
violations will be corrected. If we do not receive your Schedule of Compliance by this date you will be in
violation of 15A NCAC 2H.1000, which could result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Cedar Point Building Inspector, this office is requesting that the Building Inspector
consider withholding building permits and Certificates of Occupancy for this project until this matter is
satisfactorily resolved.
If you have any questions concerning this matter, please call Kelly Johnson at (910)-796-7335.
Sincerely,
3r; Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
Enclosures: October 14, 2020 Notice of Deficiency (NOD)
Historical Summary
Inspection Report
DES\kpj: \\\Stormwater\Permits & Projects\2014\140406 HD\2020 12 NOV 140406
cc: Sue Sayger, PE, 105 Dolphin Lane, Havelock, North Carolina 28532
Rand Norton, River Oake HOA, via email only; [e-mail]
Cedar Point Building Inspections
Annette Lucas, PE; DEMLR
Wilmington Regional Office Stormwater File

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRM WRENN
Director
October 141 2020
Steve W. Doebler, Trustee
Attn: Mr. Steve W. Doebler 402K Trust
523 Wayne Avenue
Pittman, NJ 08071
NORTH CAROLINA
EnvironnwiuW Quakty
Subject: NOTICE OF DEFICIENCY
NOD 2020-PC-0480
River Oake
Stormwater Permit No. SW8 140406
Carteret County
Dear Mr. Doebler.
On October 14, 2020, Kelly Johnson of the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEN LR) conducted a file review inspection of the subject project as a follow up to the site
inspection conducted on August 12, 2020. River Oake in Carteret County is not in compliance with Stormwater
Management Permit Number SW8 140406 issued most recently on May 3, 2017. Please find a copy of the
completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of
the recent inspection. A historical summary is also attached.
As indicated in the attached inspection report, the following deficiencies must be resolved:
I . PE Certification [permit Section II (10)]: A final certification is needed. The two enclosed certifications
have been submitted. The 2016 version was a partial certification. The project was re -certified in 2018.
Upon initial review of that document, as discussed in my August 2020 letter, that appeared to be the
complete certification. Upon closer review of the 12/20/2018 PE Certification, the incorrect form was
used. The certification forms for sand filters and infiltration basins appear similar, but they are different
The sand filter certification form was submitted on 12120/2018. The infiltration basin certification is still
needed from an appropriate designer. Please have your consultant address the potential issues with the
swales and the culvert inlet elevations discussed in the historical summary with the final certification.
2. Maintenance [Permit Section II (11)1: The project must be maintained per the enclosed Operation and
Maintenance (O&M) Agreement As discussed in the historical summary, the infiltration basin may be
clogged because it does not appear to infiltrate. Additionally, the sides of the basin are overgrown.
Please inform this Office in writing before November 16, 2020, of the specific actions that will be undertaken
and the time frame that will be required to correct the deficiencies. 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 November 16,
2020 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not
been addressed.
Please be reminded that if an ownership change, or a name change or a mailing address change has occurred, it is
your responsibility to submit a completed and signed Permit Transfer Application Form to the Division. Please
include the name, mailing address and phone number of the party who is now responsible for this permit.
iNlorth Carolina Department of Environmental Quality ; Division of Energy. Mineral and Land Resources
Wilmington Regional Office 127 Cardinal DrNe E tension I Wilmington. North Carolina 28405
0MI-1

State Stormwater Permit No_ SW8 140406
Page 2 of 2
If you have any questions, please contact Kelly Johnson at the Wilmington Regional Office, telephone number
[phone].
Sincerely,
.3i;; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosure: Compliance Inspection Report
Historical Summary
PE Certification, Partial, 2016
PE Certification, Incorrect Form, 2018
PE Certification, Blank Form
O&M Agreement
DES/kpj: 111StormwaterlPermits & Projects120141140406 HD12020 10 NOD 140406
cc: Sue Sayger, PE, 105 Dolphin Lane, Havelock, North Carolina 28532
Rand Norton, River Oake HOA, via email only; [e-mail]
Wilmington Regional Office Stormwater File

Historical Summary
SW8140406 — River Oake — State Stormwater Permit
1. June 11, 2014: The original ppermit was written for a sand filter. (A correction was
issued on December 291 2014.)
2. January 20, 2015: The permit was modified to remove the sand filter and replace it with
an infiltration basin.
3. May 3, 2017: Theproject area was revised to facilitate permitting the waterfront lots at
the end of the cul-de-sac.
a. This resolved the November 10, 2016 Notice of Violation and Recommendation
for Enforcement (NOVRE) which required some of the waterfront lots to become
permitted independently.
b. The bearing/distance line on theTeright-of-way
ans shows that the location of the permitted
road did not move. Portions of were removed.
4. August 245 2018: Inspection conducted following a complaint. The inspection found
deficiencies.
5. December 20, 2018: The final PE Certification was completed. (See 1011412020 NOD.)
6. March 6, 2019: Inspection conducted in support of a permit transfer application. The
inspection found deficiencies at the site and that additional information was required as
described in Item 3 below. Due to the lack of a response, this transfer application was
returned and not approved.
7. August 24, 2018: This inspection was conducted in response to a complaint. The
following items were identified:
a. Roadside swales have not been installed. There is no conveyance provided for the
water to get into the inlets and then into the infiltration basin.
b. The infiltration basin was holding water despite limited recent rain. It should be
maintained per the Operation and Maintenance Agreement.
c. Vegetation needs to be maintained on the side slopes of the infiltration basin.
8. March 6, 2019: This inspection was done in support of a permit transfer application
received on January 28, 2019.
a. Inspection Items Needed:
i. The plans show 3:1 roadside swales which were not in place. The
drainage did not appear to have a conveyance to get the water to the inlets
in/near the cul-de-sac.
ii. The basin looked like it had held water from quite some time (given the
algae growing in it). There had been considerable rain in recent months,
but the system was designed to drawdown in less than five days. The
DEMLR has received reports from neighbors that the basin does not ever
drawdown. The DEMLR asked that they permittee have his engineer
confirm that her certification indicates that the basin will draw down
appropriately.
iii. Vegetation needs to be maintained on the side slopes of the basin.
Page 1 of 2

b. Administrative Items Needed for Permit Transfer:
i. Recorded Deed for Common Areas: The DEMLR asked the permittee to
submit a copy of the common area deed showing that the common areas
(including the basin) have been deeded to the HOA. The document
submitted in January 2020 says that the road and 10" wide pedestrian
access have been deeded, but it does not mention the infiltration basin.
Please submit copies of all map books referenced in the common area
deeds (such as Map Book 33 Page 192).
ii. Impervious Area Per Lot: The DEMLR asked the permittee to submit a
summary of the impervious area per lot that has been constructed [per
Permit Section II (2)]
iii. HOA Current President: The DEMLR asked the permittee to submit a
copy of the latest meeting minutes showing the name of the current HOA
President who will become the permittee.
iv. Transfer Application, Page 5: The DEMLR asked the permittee to fill out
this page in full. It indicated that the incoming permittee would be River
Oake HOA, but it did not have any contact information for that entity.
9. August 12, 2020: This non -compliant inspection was conducted in response to
complaint. The following items were identified, but no response was received.
a. The 3:1 swales were still not in place.
b. The basin had infiltrated, but it still needs maintenance. (There had been — 1.0" of
rain in the eight days leading up to the inspection.) The basin needs to be cleaned
out.
c. Vegetation needs to be maintained on the side slopes of the basin. The system
must be maintained per the enclosed Operation and Maintenance Agreement.
d. A small ditch has been dug along the northern edge of the subdivision which does
not drain to the infiltration basin.
e. Resident Concerns: In addition to maintenance, the residents have the following
two concerns. The DEMLR will contact the engineer of record to get clarification
on her December 20, 2018 certification. The engineer of record has been cc'd on
this letter in an effort to obtain clarification regarding these apparent changes:
i. 3:1 Roadside Swales: Some residents are concerned that these swales are
not in place.
ii. Pipe Inlets in Cul-de-Sac: Some residents are concerned that the inlets in
the cul-de-sac are set too high. The DEMLR does not have survey
equipment to verify elevations, but visually it does appear that the inlets
are higher than the surrounding area. The elevations for the two cul-de-
sac inlets were permitted in 2014. The elevation of the pipe entering the
infiltration basin was modified in 2015 in order to accommodate the
change from sand filter to infiltration basin, but there was no discussion of
modifying the collection system to the infiltration basin. Revised
elevations for the cul-de-sac are also not noted on the 2015 plans. I will
verify with the engineer that configuration of the pipe inlets covered by
the certification is from the 2014 plans and determine the best path
forward.
Page 2 of 2

10. October 14, 2020: Notice of Deficiency (NOD)
a. No response was received to the August 12, 2020 non -compliant inspection.
b. Certification: Upon closer review of the 12/20/2018 PE Certification, the
incorrect form was used. The certification forms for sand filters and infiltration
basins appear similar, but they are different. The sand filter certification form
was submitted on 12/20/2018. The infiltration basin certification is still needed.
11. December 3, 2020, Notice of Violation (NOV): The permittee did not respond to the
NOD.
Page 3 of 2

0
Compliance Inspection Report
Permit: SW8140406 Effective:05/03/17 Expiration: 06/11/22
Project: River Oake Subdivision
Owner: Steven W Doebler 401 k Trust
County: Carteret Adress: Vfw Rd
Region: Wilmington
City/State/Zip: Cedar Point NC 28584
Contact Person: Steven W Doebler Title: Owner Phone: [phone]
Directions to Project:
From int. of Hwy 24 and Hwy 58 in Carteret County go north on Hwy 58 for approx. on mile take left onto VFW Road site is one
mile on left.
Type of Project: State Stormwater - HD - Infiltration
Drain Areas: 1 - (Pettiford Creek Bay) (03-05-01 ) ( SA;HQW)
On -Site Representative(s):
Related Permits:
SW8170102 David Whitaker - Doebler Minor Subdivision Lot 2
SW8170101 David Whitaker - Whitaker Residence formerly Doebler Minor Subdivisic
SW8170103 David Whitaker - Doebler Minor Subdivision Lot 3
Inspection Date: 12/03/2020 Entry Time 01:OOPM Exit Time: 03:OOPM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Phone: [phone]
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
page 1

Permit: SW8140406 Owner - Project: Steven W Doebler 401 k Trust
Inspection Date: 12/03/2020 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
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: File Reveiw Only: No response to the 10/14/2020 NOD.
The final certification is needed for the infiltration basin.
The O&M is on file.
Deed restrictions are recorded, BK1509/PG154
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?
Yes No NA NE
❑ N ❑ ❑
Yes No NA NE
❑ ❑❑N
❑❑❑■
❑❑❑■
Comment: A final determination is pending a final certification. But, there are permitted swales that are not in
place. Some inlets in the cul-de-sac are reportedly set too high.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ 0 ❑ ❑
Are the inlets located per the approved plans? ❑ 0 ❑ ❑
Are the outlet structures located per the approved plans? ❑ N ❑ ❑
Comment: A final determination is pending a final certification. But, there are permitted swales that are not in
place. Some inlets in the cul-de-sac are reportedly set too high.
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: The project needs to be maintained per the O&M Agreement.
page 2