SW8950213_Compliance Evaluation Inspection_20180813

STATE OF NORTH CAROLINA
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
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G:/ADM/Shared/File Review Access Form rev 2018

S7ROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
3961-A MARKET STREET
WILMINGTON, NC 28403
[phone]
February 13, 2003
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Attn. Rick Shiver
127 Cardinal Drive
Wilmington, NC 28403
Re: Liberty Commons Phase III, McNeill Offices
Stormwater Permit No. SW 950213 Modification
New Hanover County
Dear Mr. Shiver,
Pursuant the Notice of Violation dated November 18, 2002 and in coordination with the
grading contractor, Elite Construction, I am providing the attached Engineer's Certification for
the subject pond. The pond has been modified to
be within substantial compliance with the subject
permit conditions. The work consisted of
regrading e thand to include a vegetative shelf,
P g ,
the provision of a forebay wier, sodding of the
pond's exposed banks, the provision of specified
shelf vegetation, as well as the modification of the -
outlet structure to conform to permit elevation . + -
requirements. I am including a picture of the -
completed pond as observed on this date for the
record. I hope that this adequately addresses your
concerns and completes the permittee's immediate
responsibilities as outlined in the aforementioned
Notice.
Cc Jimmy Walker
Attachment
JHF/jf
C:\jht\brighton2.doc
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 3961-A MARKET ST. 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
(2521756-9352 [phone] [phone]

LIBERTY HEALTH CARE
December 19, 2002
Mr. Rick Shiver
Ms. Noelle Lutheran
Water Quality Regional Supervisor
N.C. Division of Water Quality
127 Cardinal Drive Extention
Wilmington, N.C. 28405
Subject: PLAN OF ACTION
Notice of Violation
Liberty Commons Phase III, McNeill Offices
Stormwater Permit No. SW8 950213 Modifications
New Hanover County
Dear Mr. Shiver and Ms. Lutheran,
The Plan of Action in order to meet the Division of Water Quality requirements is
as follows:
1) I have received one bid (Elite Construction & Grading, Inc.) and am waiting
for a second bid to arrive to perform all required work. This work will
include:
a) Staking and layout of the pond per the plans with approved
modifications issued on March 26,1997.
b) Strip existing Love Grass from the bank of the pond.
c) De -watering of the existing pond.
d) Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
e) Re -grading of existing pond (3:1 side slopes, installation of all required
slopes, side slopes, vegetation shelves (6:1 slope) and banks.
f) Installation of the pond forebay and armoring of the forebay with Class
B Rip Rap.
g) Adjustments to the elevation aid inverts for'he existing outlet and inlet
structure to meet plan requirements.
2) Freeman Landscape will provide landscaping services in accordance with City
of Wilmington, New Hanover County and State of North Carolina
sedimentation control requirements. Winter grass will be planted until
reseeding can be performed in the spring.

3) Beth Wetherill with the New Hanover County Erosion Control Programwill be
contacted prior to the commencement of work.
Please contact me should you have any questions or concerns regarding this
project.
Sincerely,
Yoel Balter
Director of Facility Services
Cc: Beth E. Wetherill, New Hanover County Erosion Control
Ronald McNeill, JAM of Wilmington, LLC

12/19/2002 18:06
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9108153111
LIBERTY HC CORPORATE
PAGE 01
2334 South 416' Strut
Wilmington, NC 28403
Phone: [phone]
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** 10 fm at fire above address via U.S. M9& YourW*Ksdon is

■ Complete items 1, 2, and T Also complete
item 4 if Restricted Deliverj is desired.
■ Print your name and address on the reverse
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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A. R ceived by (Please Print Clearly) B. Date of Delivery
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D. Is delivery address different from`14em 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
.RICertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from se 7002 0860 0003 9550 8793
PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
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VS Form
:r0 April 2002

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.E., Director
Division d Water Quality
-Wilmington Regional Office
November 18, 2002
CERTIFIED MAIL #7002 0860 00.03 9550 8793
RETURN RECEIPT REQUESTED
Mr. Ronald McNeill, Partner
JAM of Wilmington, LLC
3311 Burnt Mill Drive, Suite B
Wilmington, NC 28403
Subject: NOTICE OF VIOLATION
Liberty Commons Phase III, McNeill Offices
Stormwater Permit No. SW8 950213 Modification
Dear Mr. McNeill: New Hanover County
On November 20, 2002, Wilmington Regional Office personnel performed a Compliance
Inspection of the project known as Liberty Commons Phase III, McNeill Offices, located off 41 st
Street in New Hanover County, North Carolina. The inspection was performed to determine the
status of compliance with Stormwater Permit Number SW8 950213 Modification, issued to you
on March 26, 1997.
The project has been found in violation of Stormwater Permit Number SW8 950213
Modification, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found
are:
Section II, Part I (a) - The permittee will comply with the following schedule for
construction and maintenance of the stormwater managment system:
a. The stormwater management system shall be constructed in its entirety, -
vegetated and operational for its intended use prior to the construction of any
built -upon surface except roads.
The modifications to the pond have never been constructed. There is no
forebay and no 6:1 vegetated shelf. The outlet structure does not appear to
be constructed at the required elevations
2. Section II, Part 2 - The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system functions at
optimum efficiency. The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the scheduled intervals
including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications. -
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
The sideslopes of the pond are eroding due to the use of love grass and sparse
vegetation. It appears that no maintenance is being provided.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 910 395-3900 S ( ) Fax [phone] Customer Service
8004 23-7748

Mr. McNeill
Stormwater Permit No. SW8 950213
November 18, 2002
3. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a cert f cation 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. A
modification may be required for those deviations.
Although a P.E. Certification was received by this office, it does not reflect
the changes made in SW8 950213 Modification approved on March 25,1997.
4. Section II, Part 6 - A copy of the recorded deed restrictions must be submitted to
DWQ within 30 days of recording. The recorded copy must be signed by the
permittee, dated, stamped with the deed book number and page, and bear the
stamp of the Register of Deeds.
Deed restrictions have not been received by this office.
To correct these violations you must :
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 December 20, 2002.
2. Construct the pond according to the modified plans approved on March 25, 1997,
including but not limited to the forebay, the 6:1 vegetated shelf and the correct
elevations.
3. Regrade all of the sideslopes of the pond so that no slope is steeper than 3:1. Seed
the slopes with permanent vegetation. Please reference your erosion control plan
for an approved type of grass. Regularly inspect the pond and reseed if necessary
until permanent vegetation is established. A winter grass can be used now, but
you must reseed in the spring.
4. Submit a new P.E. Certification when work is complete.
5. Submit a copy of the recorded deed restrictions.
6. You must contact Beth E. Wetherill with the New Hanover County Erosion
Control Program prior to beginning work.
Failure to provide the "Plan of Action" by December 20, 2002, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000,
and will result in the initiation of enforcement action which may include recommendations for
the assessment of civil and criminal penalties, pursuant to NCGS 143-215.6A.

4
Mr. McNeill
Stormwater Permit No. SW8 950213
November 18, 2002
By copy of this letter to the City of Wilmington 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 Noelle Lutheran at (910)
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\nml S:1WQSISTORMWATINOTICE1950213.NOV
cc: Phil Norris, P.E.
City of Wilmington, New Hanover County Building Inspections
Linda Lewis
Central Office