HomeMy WebLinkAboutSW8000204_Compliance Evaluation Inspection_20190920STATE OF NORTH CAROLINA
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina. 28405
(910) 796-7215
FILE ACCESS RECORD
REVIEW TIME / DATE: i 3
1 3Q SECTION: EMAIL:��• � S � N � °J' �": t , i-o rv.
NAME:
REPRESENTING. S PHONE: 1 �� +-/[• !!�
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody
readily available to the public for review and copying. We also have the responsibility to the public to safeguard these
records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the
form:
1.. Due to the lard public demand for file access, we request that you call at least a day in advance to schedule
an appointment to review the files. Appointments will be scheduled between 9:00arn and 3:00pm.
Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent
that time and staff supervision is available.
2. You must specify files you want to review by fadlity name. The number of files that you may review at one
time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy
$.05 cents. Payment may be made by check money order, or cash at the reception desk.
4 ,ES MIDST RE EMPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To
remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which.you can
be fined up to $500.00. No briefcases large totes etc are permitted in the file review area.
5.. Necessary large plan copies can be scheduled with Cameron.Weaver ncdenl. ov 919-796-r a later
date/time at an offsite. location. at your expense. Large plan copies needed should be attached on top of the
file. Allways Graphics cat be contacted to set up payment options. Wriitea Questiohq may be left with
tlu cv�milileigd foram and a E ff mm eii fiber 9 b4 3n con et with poe, IP you provide your -contact
irafaiaiafipu where indicated 4064e:
6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks
on which payment has been refused.
FACILITY NAME COUNTY
1. .
�fj go
and Name of Film usiness
MADE -2 PAID
Time In Time Out
INVOICE
1
G/ADM/Shared/File Review Access Form rev 2018
STATE OF NORTH CAROLINA
Department of Environmental Quality
127. Cardinal Drive Extension
Wilmington, North Carolina 28405
(910)796-7215
FILE ACCESS RECORD
SECTION 9 r
TIME/DATE P • & w
NAME
REPRESENTING Himmof Cws�I�,&
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our
custody readily available to the public for review and copying. We also have the responsibility to the public to
safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following
guidelines signing the form:
1. Due to the large public demand for file access, we request that you call at least a day in advance to
schedule an appointment to review the files.. Appointments will be scheduled between 9:00am and
3:00gm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the
files to the extent that time and staff supervision is available.
2. You must specify files you want to review by facility name. The number of files that you may review
at one time will be limited to five.
3. You may. make copies of a file when the copier is not in use by the staff and if time permits. Cost per
copy is .05 cents for copies. 'Payment may be made by check, money order, or cash at the
reception desk. Copies totaling $5.00 or more can also be invoiced for your convenience.
4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the
office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor
for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file
review area.
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and.collected for
checks on which payment has been refused.
FACILITY NAME COUNTY
2.
3.
4.
5.
- - / Z -7j -off, _ - - -
Signs d Name of Fir usmess Date Time In Tune Out
Please attach a business car to this,fbrm
COPIES MADE PAID INVOICE
Compliance Inspection Report
Permit: SW8990851 Effective:11/06/07 Expiration:
Project: Westport And Village Greens Townhouses
Owner: Point Associates LLC
County: Brunswick
Region: Wilmington
Contact Person: Edwin Burnette
Directions to Project:
Adress:
City/State/Zip:
Title: Agent
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Intracoastal Waterway) (03-06-17) (SA;HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 08/05/2014 Entry Time: 02:OOPM
Primary Inspector. Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: Compliant ❑ Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Phone:
Exit Time: 02:30PM
Phone: 910-796-7215
Inspection Type: Compliance Evaluation
page: 1
Permit SW8990851 Owner -Project: Point Associates LLC
Inspection Date: 08/05/2014 Inspection Type Compliance Evaluation Reason for Visk: Routine
Inspection Summary:
The site is in pretty good shape as far as the built -upon area and low density is concerned. There are indications in the
file that the golf course area, which was included in the overall low density project area, may have been deeded to the
Town of Oak Island. The Division needs some assurances that the Town will not develop the golf course with built -upon
area because it will jeopardize the low density status of Westport and Village Green at South Harbour Village.
Please complete, sign and submit the Name/Ownership Change form to document the change of the official mailing
address for Point Associates LLC and/or Wilmington Holding Corp.
File Review Yes No NA NE
Is the permit active? i ❑ ❑ ❑
Sianed conv of the Engineer's certification is in the file? ❑ ❑ ■ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? M ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? M ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ M ❑
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑
Comment: 1. The mailing address of the Dermittee corporation appears to have changed, based on the annual
reports for Point Associates. LLC and Wilmington Holding Corp. which were downloaded from the NC
Secretary of State Corporations database. Per General Condition 111.9 of the November 6.2007 permit,
the permittee is required to notifv the Division of any mailing address changes within 30 days of making
the change.
page: 2
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME
NAME REPRESENTING
Guidelines for Access: The staff of the Regional Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility
to, the public to safeguard these records and to carry out our day -to -day -program obligations.
Please read carefully the following before signing the form.
1: Due to the large public demand for file access, we request that you call *at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9.00 a.m. and 3:00 p.m. Viewing time ends at 4,45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You. must specify files' you want to review by facility name or incident number, as
appropriate. The number of files that you may review atone appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies.: cost per copy after the initial 25 is 2,5 per copy
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes etc..are permitted in the file review area To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY (NAME
dC
2.
3. `
4.
SignMi
(Please
Idusiness . - Date
to form if available)
# Copes: Amt. Pd:
J?
Time in. Time Out
O�0� W A TEq
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
CERTIFIED MAIL #7005 0390 0001
RETURN RECEiPT REQUESTED
Edwin L. Burnett
Pointe Associates, LLC
3950 Old Bridge Rd.
Southport NC, 28461
October 15, 2007
3200 5311
Subject: NOTICE OF VIOLATION
Village Green Townhomes and Glenn Cove Subdivision
Stormwater Permit No. SW8 000204
Brunswick County
Dear Mr. Burnett:
On October 3, 2007, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Vanessa Rd. in Oak Island, Brunswick County,
North Carolina. The inspection was performed to determine the status of compliance with
Stormwater Permit Number SW8 000204, issued to you on April 14, 2000.
The project has been found in violation of Stormwater Permit Number SW8 000204 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Piping of roadside swales. Several swales throughout the development have
been piped. No piping is allowed in this low density development except the
minimum amount necessary to direct runoff beneath an impervious surface such
as a road or driveway.
2. Exceedence of allowable built -upon area. Several of the lots in this development
appear to have exceeded the maximum 2,945 square feet of BUA per lot.
3. Failure to provide the operation and maintenance necessary to operate the
permitted stormwater management systems at optimum efficiency. Perimeter
swales were overgrown with woody vegetation and heavily eroded.
To correct these violations you must
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before November 15, 2007.
2. Please remove any piping that is not installed as a driveway crossing or road
crossing.
3. Please verify that the required built -upon area per lot has not exceeded. If the
allowable BUA has been exceeded then submit for a modification.
4. Please remove the woody vegetation located within the perimeter swales, reseed
and repair all eroded areas.
1�11EhCaro ' a
atura�
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service
Wilmington Regional Office Internet: www.ncwaterquali , .ore Fax (910) 350-2004 1-877-623-6748
An Equal OpportunitylAffirmalive Action Employer— 50% Recycledl10% Post Consumer Paper
October 15, 2007
Village Green Townhomes and Glenn Cove Subdivision
Stormwater Permit No. SW8 000204
Failure to provide the "Plan of Action" by November 15, 2007, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may 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 Town of Oak Island 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 David W. Cox at (910)
796-7215.
Since y,
C�
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENB1dwc: S:1WQSISTORMWATINOTICE1000204.oct07
cc: Phillip Norris
Brunswick County Building Inspections
David W. Cox
Central Office
W iro
Gene Kudgus (Town of Oak Island)
Page 2 of 2
�f A %C Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek P. E. Director
> ' Division ai'Plater Quality
p -� Coleen H. Sullins, Deputy Director
Division of Water Quality
Complaint/Emergency Report form
Wilmington Regional Office
Date Received: V74.6 IG 1,646 County: rAn.ywsw%cte
Report Received From: Rkees , Nwll via lm am;S
Agency: bwcl 44 GLe.%n eo.,- RDA
Telephone Number: (9 lo) 4 S ? - S 222
Project Name: 91 ,L IN Cove
SW & LQ Project Numbers: Sw 000Z04
Site Location: H:,Lwev 131 , STATC 2owQ tioi
Complaint/Problem: S;
16A Js - n-A "pew 4-,a havc. her. Illy ffej
Investigation Details:
Investigator: Date:
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796-7215
Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax
Customer Service
1-877-623-6748
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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
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so that we can return the card to you.
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or on the front if space permits.
1. Article Addressed to:
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❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
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D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: 13-M
3. Service Type
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❑ Registered~ ---O Retum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7005 0390 0001 3200 6912
(Tiar►sfer from serv/ce 1
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Q \NAT RQ Michael F. Easley, Governor
William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
n.
Alan W. Klimek, P.E. Director
Division of Water Quality
October 18, 2005
CERTIFIED MAIL 7005 0390 0001 3200 6912
RETURN RECEIPT REQUESTED
Mr. Edwin Burnett, Member/Manager
Pointe Associates, LLC
5001 O'Quinn Boulevard, Unit J
Southport, NC 28461
Subject: NOTICE OF RECOMMENDATION FOR ENFORCEMENT
Village Green Townhomes & Glen Cove Subdivision
Stormwater Permit No. SW8 000204
Brunswick County
Dear Mr. Burnett:
This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality
is considering sending a recommendation for enforcement action to the Director of the Division
of Water Quality. The recommendation concerns the violation of North Carolina General
Statute NCGS 143-215.6A(2), failing to act in accordance with the terms, conditions and
requirements of a permit required by NCGS 143-215.1. You have failed to act in accordance
with State Stormwater Management Permit No. SW8 000204, issued to you on April 14, 2000.
On August 15, 2005, you were notified via certified mail, that a copy of the recorded deed
restrictions for the project had not been submitted. Either a written response or the requested
document was due in this Office by September 15, 2005. To date, the Division has received
neither a response nor the requested deed restrictions, in violation of Section 11.4 of the permit.
The original Notice of Violation dated August 2, 2005, was returned by the Post Office because
your mailing address had changed. Per Section 111.8 of the permit, you are required to notify
the Division of any mailing address changes within 30 days. Additionally, as is common
practice, the Division checked on the status of Pointe Associates, LLC, with the Secretary of
State and discovered that the LLC was dissolved in April, 2005. Any permits issued in the
name of Pointe Associates, LLC, will need to be transferred to a new owner. These address
and ownership changes can be handled by completing and submitting a separate copy of the
attached form for each project. To date, the Division has not received any information from you
in regards to the address or ownership changes.
If you have an explanation for these violations that you wish to present, please respond in
writing to me within ten (10) days following receipt of this Notice. Your explanation will be
reviewed and forwarded to the Director with the enforcement package for consideration_
The Division is currently awaiting a stormwater application for Bridge Point Business Park at
South Harbor Village. Please be advised that until this matter is cleared up, no action on that
application can be taken.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6748
Wilmington Regional Orrice Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet h2o.enr.state.nc,us °Cazolina
An Equal OpportunitylAffirmative Action Employer-50% Recycledl10% Post Consumer Paper Mtffl ally
Mr. Burnett
October 18, 2005
Page 2 of 2
By copy of this letter to the Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of
Occupancy for Village Greens Townhomes & Glen Cove Subdivision and for any
construction within Bridge Point Business Park until this matter is satisfactorily
resolved.
The Division sincerely solicits your cooperation in getting these administrative
matters taken care of so that your developments can proceed without delay.
Please feel free to contact either Linda Lewis or me at (910) 796-7215 if you
have any questions concerning how best to proceed in this matter.
Sincere.ly,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB\arl: S:\WQS\STORMWAT\ENFLETR1000204.oct05
cc: Delaney. Aycock, Brunswick County Building Inspections
Phil Norris, P.E., Norris Kuske & Tunstall
Danny Smith
Wilmington Regional Office
Central Files
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so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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3. Service Type
❑0 4 led Mail ❑ Express Mail
Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2.-Article Number 7005 0390 0001 3200 6837
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154d
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 15, 2005
CERTIFIED MAIL #7005 0390 0001 3200 6837
RETURN RECEIPT REQUESTED
Mr. Edwin Burnett, Managing Member
Pointe Associates LLC
c/o 5001 O'Quinn Boulevard, Unit J
Southport, NC 28461
Subject: NOTICE OF VIOLATION
Village Green Townhouses and Glen Cove Subdivision
Stormwater Project No. SW8 000204
Brunswick County
Dear Mr. Burnett:
On August 2, 2005, the Division of Water Quality -sent you a Notice of Violation for the subject
project to the address listed on the application, 1301 Heron Run, Wilmington, NC, 28403. The
letter was returned on August 9, 2005, as "not deliverable as addressed -unable to forward."
Please be advised that it is your responsibility -to notify the Division of any changes in your
mailing address, within 30 days of the change.
Please find enclosed the original August 2, 2005, Notice of Violation. The deadline date to
address the items in the Notice and to submit the Plan of Action referenced in the letter has
been extended to September 15, 2005.
If you have any questions, please do not hesitate to call me at (910) 796-7404.
Sincerely,
/Y �
Linda Lewis
Environmental Engineer II
ENB1arl: S:IWQSISTORMWATILETTERS120051000204.aug05
cc: Phil Norris, P.E., Norris Kuske & Tunstall
Delaney Aycock, Brunswick County Building Inspections
Linda Lewis
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel.877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet h2e.enr.state.nc.us ne
NorthCarolina
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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina -Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 2, 2005
CERTIFIED MAIL #7005 0390 0001 3200 6813
RETURN RECEIPT REQUESTED
Mr. Edwin Burnett, Managing Member
Pointe Associates, LLC
C/o 1301 Heron Run
Wilmington, NC 28403
Subject: NOTICE OF VIOLATION
Village Green Townhouses and Glen Cove Subdivision
Stormwater Permit No. SW8 000204
Brunswick County
Dear Mr. Burnett:
On April 14, 2000, the Division of Water Quality issued you a Stormwater Management permit
for the subject project, located off Vanessa Drive at Fish Factory Road, near Southport,
Brunswick County, North Carolina. On August 7, 2003, the Division sent you a letter requesting
that you submit a copy of the recorded deed restrictions by September 7, 2003. To date, the
requested information has not been submitted.
The project has been found in violation of Stormwater Permit Number SW8 000204, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Section 11.5- Failure to submit a copy of the recorded deed restrictions within 30
days of the date of recording.
2. Section 11.4- Failure to record deed restrictions with the Register of Deeds Office
prior to selling lots.
3. Section 11.6- Failure to submit information requested by a representative of the
Director within the time frame specified in the written request.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before September 2, 2005. , .
2. If not already done, record the deed restrictions listed in Section 11.4 of your
permit with the Brunswick County Register of Deeds Office.
3. In order to have the restrictions apply to those lots that were sold prior to the
recordation of the restrictions, you must obtain the signature of those lot owners
on the document to be recorded.
4. Submit a copy of the recorded deed restrictions to the Division within 30 days of
recording them.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Servicel-877-623-6748 .
Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-M Internet h2o.enr.state.nc.us eo
• I�orthCaroli/na
An Equal Opportunity/Afrirmetive Action Employer— 50% Recycled/10% Post Consumer Paper oAhCa oho
August 2, 2005
Village Green Townhomes and Glen Cove Subdivision
Stormwater Permit No. SW8 000204
Failure to provide the "Plan of Action" by September 2, 2005, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may 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 Brunswick County 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 Linda Lewis at (910) 796-
7404.
Sincerel ,
E ward Beck
Regional Supervisor
Surface Water Protection Section
ENB1arl: S:IWQSISTORMWATINOTICE1000204.aug05
cc: Phil Norris, Norris Kuske & Tunstall
Delaney Aycock, Brunswick County Building Inspections
Linda Lewis
Central Office
Page 2 of 2