HomeMy WebLinkAboutSW8980508_Compliance Evaluation Inspection_20180111STATE OF NORTH CAROLINA
Department of. Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
(910)796-7215
FILE ACCESS RECORD
SECTION
TIME/DATE
NAME -7q/ 9 / cSb �.
REPRESENTING em c tL
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
3:00 m. 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 o 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. S"G✓ $ dGr��lJ
5.
Agnatu�re�dame of Firm/Business Date Time In Time Out
Please attach a business card to this form
COPIES MADE PAID INVOICE
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STATE OF NORTH CAROLINA
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
(910) 796-7215.
FILE ACCESS RECORD
SECTION ^
TIME/DATE
NAME
REPRESENTING
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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
3:00m. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the
files to the extent that time and staff suuervision 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 chec - money order, or cash at the
retention 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. arepermitted 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
1. =�St R���oS1���UT�6iRhrsf
2.
3.
4.
5.
Signature and Name of Firm/Business Date Time In
Please attach a business card to this form
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Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
November 29, 2017
South Harbour Village Associates, LLC
ATTN: Thomas A Nuzio, Vice President
Wilmington Holding Corp, Managing Member
1295 Northern Boulevard, Suite 17
Manhasset, NY 11030-3002
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
Subject: Notice of Permit Extension I Notice of Inspection / Request for Additional Information
South Harbour Village
State Stormwater Management Permit No. SW8 980508
Brunswick County
Dear Mr. Nuzio:
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for issuance of the
permit.
PERMIT EXTENSION
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The
law extended the. effective period of any stormwater permit that was set to expire during this time frame
to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law
2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division is
herewith notifying you that the subject permit is now effective from the date of issuance until February
22, 2023, which includes all available extensions.
COMPLIANCE INSPECTION
On October 12, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected South Harbour Village, located at the end of Fish Factory Road in
Brunswick County to determine the status of compliance with the State Stormwater Management Permit
Number SW8 980508 originally issued on February 22, 1999, and as subsequently modified and renewed.
The Division received a complaint about improper grading and erosion, among other complaints that were
not under the jurisdiction of the stormwater permit. DEMLR file review and site inspection revealed that
the site is currently in compliance with the terms and conditions of this permit, however routine
maintenance needs to be performed.
Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter,
which summarizes the findings of the recent inspection, summarized below:
L The bypass stnicture needs to be cleared of vegetation and sediment.
2. The vegetation in the infiltration basin and the vegetated filter needs to be mowed.
3. All accumulated sediment must be removed from the infiltration basin to facilitate drawdown
within 5 days.
Stateof North Carolina 1 Em7ronmental Qualfty I Energy, MIns-ral and Land Resources
Wilmington Regiowal Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
110 7967215
State Stormwater Permit No. SW8 980508
Page 2 of 2
The permit has not been transtexred to the Homeowners' Association as of this date. Per Brunswick
County Tax Records, ownership of the common areas of the subdivision remains with South Harbour
Village. Associates, LLC. Please be reminded that prior to conveying those common areas to the HOA,
you must submit a completed and signed Permit Transfer Application Form and $505.00 fee to the
Division and receive approval from the. Division to transfer the permit. Until such time as the Division
approves that transfer application, you continue to be responsible for complying with all of the terms,
conditions and limitations of the subject Stornwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7. including the limitation of
built -upon area and the continued operation and maintenance of the permitted infiltration basin
stormwater control measure.
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Permit Transfer Application Form to the Division of Energy, Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. This form is available on our website at:
hW2s://deg.nc.gov/about/divisions/enera)?-mineral-land-resources/enera.-mineral-land-rules/stoi-mwater-
program/post-construction.
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall
wind up, which may include continuing the business of the LLC for a period of time. The person
charged with winding up the LLC shall collect the LLC's assets [which include the stormwater
management permit], and distribute the assets as provided in NCGS 57D-6-08(2).
f. A name change of the owner / permittee;
g. A name change of the project;
h_ A mailing address change of the permittee;
Please notify the Division once the required maintenance has been performed, so that a follow-up
inspection can be conducted. If you have any questions concerning the transfer process, or if you need
copies of the current approved plans, the permit and/or the O&M agreement, please contact me at the
Wilmington Regional Office, telephone number (910)-796-7215 or via email at linda.lewisQncdenr.gov.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
Eric: Compliance Inspection Report
. GDS\arl: G:\\\Stormwater\Permits & Projects\1998\980508 HD\2017 11 CEI addinfo 980508
cc: Jonathon McLendon, Marina Club at SHV UOA, Inc., 305 N. Howe St. Southport NC 28461
Reta Berman, 5021 Nester Drive, Southport NC 28461
Ward & Smith, PO Box 867, New Bern, NC 28563-0867
Brigit Flora, P.E., Brunswick County Stormwater Engineer
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina 1 Environment.;! Quality I Energy. Mineral and Land Rcsowxcs
Wilmington Regional Office 1127 Cardinal Driw Extension 1 Wilmington. NC 28405
910,'`ab 7215
Compliance Inspection Report
Permit: s SW8980508 Effective: 11/18/09
Project: South Harbour Village & Marina
Owner: South Harbour Village Associates LLC
County: Brunswick
Region: Wilmington
Expiration: 02/22/23
Adress: Fish Factory Rd
City/State/Zip: Oak Island NC 28465
Contact Person: Dennis Cronin Title: Manager Phone: 516-365-9205
Directions to Project:
State Hwy 211 and Long Beach Rd, south on Long Beach to intersection with Fish Factory turn left and site is at end of road.
Type of Project: State Stormwater - Infiltration System
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 10/12/2017 EntryTime: 11:00AM
Primary Inspector: Elsie C James
Secondary Inspector(s):
Alida R Lewis
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
Exit Time: 11 50AM
Phone:
Inspection Type: Compliance Evaluation
page: 1
Permit: "',WB96050B Owner - Project: ;;oath Harbour Village Associates LLC '
e
Inspection Date: 10/12/2017 Inspection Type Compliance Evaluation Reason for visit: Complaint
r
File Review Yes No NA NE
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
Built Upon Area Yes No NA NE
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? ® ❑ ❑ ❑
Comment.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? W ❑ ❑ ❑
Are the inlets located per the approved plans? KI ❑ ❑ ❑
Are the outlet structures located per the approved plans? ® ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ a ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: 1. The Division has received a complaint about the lack of maintenance. The area around the bypass
structure needs to be maintained. The outlet into the basin and the vegetated filter are both partially
blocked by vegetation that has grown up. This vegetation needs to be removed to assure that runoff
enters the basin unimpeded and that the excess design storm can pass through the vegetated filter for
final polishing before being discharged.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ N ❑ ❑
Comment: 2. The stormwater permit has not been transferred to the Property Owners Association.
page: 2
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
November 29, 2017
South Harbour Village Associates, LLC
ATTN: Thomas A Nuzio, Vice President
Wilmington Holding Corp, Managing Member
1295 Northern Boulevard, Suite 17
Manhasset, NY 11030-3002
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
Subject: Notice of Permit Extension / Notice of Inspection / Request for Additional Information
South Harbour Village
State Stormwater Management Permit No. SW8 980508
Brunswick County
Dear Mr. Nuzio:
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for issuance of the
permit.
PERMIT EXTENSION
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The
law extended the effective period of any stormwater permit that was set to expire during this time frame
to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law
2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division is
herewith notifying you that the subject permit is now effective from the date of issuance until February
22, 2023, which includes all available extensions.
COMPLIANCE INSPECTION
On October 12, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected South Harbour Village, located at the end of Fish Factory Road in
Brunswick County to determine the status of compliance with the State Stormwater Management Permit
Number SW8 980508 originally issued on February 22, 1999, and as subsequently modified and renewed.
The Division received a complaint about improper grading and erosion, among other complaints that were
not under the jurisdiction of the stormwater permit. DEMLR file review and site inspection revealed that
the site is currently in compliance with the terms and conditions of this permit, however routine
maintenance needs to be performed.
Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter,
which summarizes the findings of the recent inspection, summarized below:
1. The bypass structure needs to be cleared of vegetation and sediment.
2. The vegetation in the infiltration basin and the vegetated filter needs to be mowed.
3. All accumulated sediment must be removed from the infiltration basin to facilitate drawdown
within 5 days.
S+aite ofidorthr Carolina I Environmental Quality I Energy, Mineral �nd Land Resources
W intington RL glom! Office 1 127 Cardinal Drive Extension I Wilmington, RAC 28405
910 796 7215
State. Stormwater Permit No. SW8 980508
Pare 2 of 2
The permit has not been transferred to the flomeowners' Asaocialitnn as of this date. Per Brunswick
County Tax Records, ownership of the common area,, of the subdivision remains with South Harbour
Village Associates, LIX. Please be reminded that. prior to conveying those common areas to the HOA,
you must submit a completed and signed Permit Transfer Application Form and $505.00 fee to the
Division and receive approval from the Division to transfer the permit. Until such time as the Division
approves that transfer application, you continue to be responsible for complying with all of the terms,
conditions and limitations of the subject Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2II .1003 and North Carolina General Statute 143-214.7, including the limitation of
built -upon area and the continued operation and maintenance of the permitted infiltration basin
stormwater control measure.
Please be reminded that it is your responsibility as the pertnittee of record to submit a completed and
signed Permit Transfer Application Form to the Division of Energy, Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. This form is available on our website at:
https://deq.nc.gov/about/divisions/energy-ininera] -land-resources/energrv-mineral-Iand-rules/stormwater-
pro--ram/post-constructi on.
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall
wind up, which may include continuing the business of the LLC for a period of time. The person
charged with winding up the LLC shall collect the LLC's assets [which include the stormwater
management permit], and distribute the assets as provided in NCGS 57D-6-08(2).
f. A name change of the owner / permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Please notify the Division once the required maintenance has been performed, so that a follow-up
inspection can be conducted. If you have any questions concerning the transfer process, or if you need
copies of the current approved plans, the permit and/or the O&M agreement, please contact me at the
Wilmington Regional Office, telephone number (910)-796-7215 or via email at linda.lewis(@ncdenr.gov.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
Enc: Compliance Inspection Report
er,,GDS\arl: G:\\\Stormwater\Permits & Projects\1998\980508 HD\2017 11 CEI_addinfo 980508
cc: Jonathon McLendon, Marina Club at SHV UOA, Inc., 305 N. Howe St. Southport NC 28461
Reta Berman, 5021 Nester Drive, Southport NC 28461
Ward & Smith, PO Box 867, New Bern, NC 28563-0867
Brigit Flora, P.E., Brunswick County Stormwater Engineer
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina I Environmental Quality 1 energy. Mineral Gnd Land Reimurces
Wilmington Regional Office 1 1?7 Cardinv' Drivc Exterr:aun ; V•.'ilmington. NC 28405
910',Ob i1i5
Compliance Inspection Report
0
Permit:
SW8980508 Effective:11/18/09
Project:
South Harbour Village & Marina
Owner:
South Harbour Village Associates LLC
County:
Brunswick
Region:
Wilmington
Expiration: 02/22/23
Adress: Fish Factory Rd
CitylState/Zip: Oak Island NC 28465
Contact Person: Dennis Cronin Title: Manager Phone: 516-365-9205
Directions to Project:
State Hwy 211 and Long Beach Rd, south on Long Beach to intersection with Fish Factory turn left and site is at end of road_
Type of Project: State Stormwater - Infiltration System
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 10/12/201 T EntryTime: 11'00AM
Primary Inspector: Elsie C James
Secondary Inspector(s):
Alida R Lewis
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
01 State Stormwater
(See attachment summary)
Exit Time: 11:50AM
Phone:
Inspection Type: Compliance Evaluation
page: 1
Permit: SW89B0508 Owner Project: South Harbour Village Associates LLC
Inspection Date: 10/12/2017 Inspection Type Compliance Evaluation Reason for Visit: Complaint
File Review Yes No NA NE
Is the permit active? W ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? Wi ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ® ❑ ❑ ❑
Copy of the recorded deed restrictions is In the files ❑ ❑ 0 ❑
Comment:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? N ❑ ❑ ❑
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? E ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 9 ❑ ❑ ❑
Are the inlets located per the approved plans? M ❑ ❑ ❑
Are the outlet structures located per the approved plans? ® ❑ ❑ ❑
Comment:
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: 1 The Division has received a complaint about the lack of maintenance. The area around the bypass
structure needs to be maintained The outlet into the basin and the vegetated filter are both partially
blocked by vegetation that has grown up This vegetation needs to be removed to assure that runoff
enters the basin unimpeded and that the excess design storm can pass through the vegetated filter for
final polishing before being discharged.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ N ❑ ❑
Comment: 2 The stormwater permit has not been transferred to the Property Owners Association.
page: 2
Business Registration Division
Page 1 of 1
North Carolina
Elaine l= Marshall t .; E l!P' ARTM E NT OF T1 M
Secretary
S
t„ 19ax MM ftldgh.NCU&M-CM f918 B14_WD
Click Here To:
View Document Filings
Corporate Names
Legal: Marina Club at South Harbour Village UOA, Inc.
Non -Profit Corporation Information
Sosld:
0648798
Status:
Current -Active
Annual Report Status:
Not Applicable
Citizenship:
Domestic
Date Formed:
10/10/2002
Registered Agent:
Lawrence, Carson
Corporate Addresses
Mailing:
305 N. Howe Street
Southport, NC 28461
Principal Office:
305 N. Howe Street
Southport, NC 28461
Reg Office:
305 N. Howe Street
Southport, NC 28461
Reg Mailing:
305 N. Howe Street
Southport, NC 28461
Account
Lug i n
Create
.._mite
Account
https://www.sosnc.gov/Search/profcorp/5571093 11/28/2017
State of North Carolina
Department of the Secretary of State
SOSID: 0648798
Date Filed: 8/3/2011 12:02:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C201121300398
NONPROFIT CORPORATION'S STATEMENT OF CHANGE OF PRINCIPAL OFFICE
Pursuant to §55A-16-23(b) of the General Statutes of North Carolina, the undersigned nonprofit corporation does hereby submit the
following for the purpose of changing its principal office address currently on file with the Secretary of State.
INFORMATION CURRENTLY ON MM E
The name of the corporation is: MARINA CLUB AT SOUTH HARBOUR VILLAGE UOA_ INC. _
The street address and county of the principal office of the corporation currently on file is:
Number and Street: 5001 O'QUINN BLVD, UNIT J
City, State, Zip Code: SOUTHPORT, NC 2W1 _ — --- - --- -- --County: BRUNSWICK
The mailing address if different from the .street address of the principal office currently on file is:
NEW INFORMATION
The street address and county of the new principal office of the corporation is:
Number and Street: 305 N HOWE STREET
City. State, Zip Code: SOUTHPORT, NC 2M1 Coun BRUNSWICK
The mailing address if different from the street address of the new principal office is:
3. This statement will be effective upon filing, unless a later date and/or time is specified:
This is the,��day of� , 2011
MARINA CLUB AT SOUTH HARBOUR VILLAGE UOA, INC.
Name ofCorporation
G 1 t d��;1'• l r j fly
CARSON P tAWRENCE-SECRETARY
Type or Print Name mid Title
NOTES:
I Filing fee is $5. This statement and one exact or conformed copy of it must he filed with the Secretary of State.
Revised January 2000 Form N-12
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-
0622
Lewis,Linda
From: Lewis,Linda
Sent: Friday, October 20, 2017 6:02 PM
To: 'fizzysivie@ya hoo.com'
Cc: Scott, Georgette
Subject: SW8 980508 South Harbour Village & Marina
Ms. Berman:
I've done quite a bit of research into your October 2017 complaint which appears to have originated
back in October 2016. 1 cannot offer you an explanation as to why your complaint was not fully
addressed before now. I was made aware of the complaint on October 6, 2017, as part of a
forwarded email request from my supervisor, Georgette Scott.
Based on the information in the file, the infiltration basin was restored to design condition in 2010
after the Division identified a compliance issue in April of 2009. The permit was renewed in
November2009 with a condition that the basin be restored to design condition and certified. The
basin was restored and certified by a registered PE in May 2010.
Based on the original March 2017 emails between yourself and my co-worker, Steve Pusey, it
appears that you are concerned about the erosion of the slope behind your home. Steve advised in
one of those email exchanges that if the erosion was due to the flow of runoff from the grassed area
and was not the result of roof drainage, then it is not a stormwater permit compliance issue. An
inspection of the project was conducted on October 12, 2017 - the inspector did not observe any
erosion behind your home, or any sediment in surface waters, or any other violations of the
stormwater permit. There are some minor maintenance issues associated with the infiltration basin to
be addressed.
The grading of your lot and/or your neighbor's lot may not be exactly as shown on the approved
plans, but the stormwater rules only require that the runoff from the impervious areas of the project be
collected and treated. Impervious area includes the concrete driveway, the area under roof,
sidewalks, etc. The rules do NOT require that the developer collect or treat runoff from the grassed
areas of the lot.
The current permit is issued to South Harbour Village Associates, LLC, which is managed by
Wilmington Holding Corp, whose president is Denis Cronin out of Manhasset, NY. Their local
registered agent is the law firm of Ward and Smith in New Bern, NC. The Division will be contacting
the current permittee to let them know about your concern, and about the results of the inspection,
and to request that they initiate the transfer of the permit to the HOA. The permit will not be
transferred until the project is determined to be in compliance. However, maintaining the fill slope
behind your home is not a compliance issue associated with the stormwater permit.
If you have concerns about the overuse or incompetent use of fertilizer and/or pesticides on the
grassed common areas, you can contact your local agricultural extension agent office in Brunswick
County. They are usually happy to provide information and training to reduce or eliminate the
chances that those chemicals will enter sensitive waters.
Linda Lewis, E.I.
Environmental Engineer III
.Divislori of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
iir,da,lr-,y°_is oin;;denr.a«v
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
� ^Nothing Compares
Email to arwi ,'roll] this ada- ess �s subject to the
flJnr'tft ina Public '[`-curds Lavhl wid r77aay be disclosed to third patties.
Business Registration Division
Page 1 of 1
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North Carolina
f: ;}
FlarShall
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r rtvlaine
Secretary
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Corporate Names
Legal: SOUTH HARBOUR VILLAGE ASSOCIATES, LLC
Limited Liability Company Information
Sosld:
0440635
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
Domestic
Date Formed:
10/21/1997
Fiscal Month:
December
Registered Agent:
WASLAW, LLC
Corporate Addresses
Reg Office:
1001 College Court
New Bern, NC 28562-4972
Mailing:
1295 Northern Boulevard Suite 17
Manhasset, NY 11030-3002
Principal Office:
1295 Northern Boulevard Suite 17
Manhasset, NY 11030-3002
Reg Mailing:
Post Office Box 867
New Bern, NC 28563-0867
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Member: Tanlex Corp
1295 Northern Blvd
Manhasset NY 11030
Managing Member: Wilmington Holding Corp.
1295 Northern Boulevard Suite 17
Manhasset NY 11030-3002
https://www.sosne.gov/Search/profcorp/5032615 10/20/2017
��050?
LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: SOUTH HARBOUR VILLAGE ASSOCIATES, LLC
SECRETARY OF STATE ID NUMBER: 0440635 STATE OF FORMATION: NC Filing Office Use Only
E-Filed Annual Report
0440635
REPORT FOR THE YEAR: 2017 CA201700501011
1/5/2017 02:20
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: WASLAW, LLC
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
1001 College Court Post Office Box 867
New Bern, NC 28562-4972 Craven Countv New Bern, NC 28563-0867
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Delvelopment
2. PRINCIPAL OFFICE PHONE NUMBER: (516) 365-9205 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
1295 Northern Boulevard, Suite 17 1295 Northern Boulevard
Manhasset, NY 11030-3002
Manhasset, NY 11030-3002
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Tanlex Corp
TITLE: Member
ADDRESS:
1295 Northern Blvd
NAME: Wilmington Holding Corp. NAME:
TITLE: Managing Member TITLE:
ADDRESS: 1295 Northern BOUIeValj ADDRESS:
Suite 17
Manhasset, NY 11030 Manhasset, NY 11030-3002
SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity.
Wilmington Holding Corp., by Thomas A. Nuzio - Vice Pres..
SIGNATURE
Form must be signed by a Company Official listed under Section C of this form.
1 /5/2017
DATE
Wilmington Holding Corp., by Thomas A. Nuzio - Vice Pres. Managing Member
Print or Type Name of Company Official Print or Type The Title of the Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525
Business Registration Division Page 1 of 1
North Carolina
¢14-r4C� Account
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Corporate Names
Legal: Wilmington Holding Corp.
Business Corporation Information
Sosld:
0162607
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
Domestic
Date Formed:
2/27/1978
Fiscal Month:
December
Registered Agent:
WASLAW, LLC
Corporate Addresses
Reg Office:
1001 College Court
New Bern, NC 28562-4972
Mailing:
1295 Northern Blvd - Suite 17
Manhasset, NY 11030-3002
Principal Office:
1295 Northern Blvd - Suite 17
Manhasset, NY 11030-3002
Reg Mailing:
PO Box 867
New Bern, NC 28563-0867
Officers
President:
Denis F Cronin
1295 Northern Blvd. #17
Manhasset NY 11030-3002
Secretary:
Linda L Cronin
1295 Northern Blvd #17
Manhasset NY 11030-3002
Assistant Secretary:
Carol Diconza
1295 Northern Blvd
Manhasset NY 11030-3002
Vice President:
Thomas A Nuzio
1295 Northern Blvd #17
Manhasset NY 11030-3002
Stock
Class: COMMON
Shares: 200000
Par Value: 1
https://www.sosne.gov/Search/profcorp/5060888 10/20/2017
aBUSINESS CORPORATION ANNUAL REPORT
NAME OF BUSINESS CORPORATION: Wilmington Holding Corp.
SECRETARY OF STATE ID NUMBER: 0162607 STATE OF FORMATION: NC
REPORT FOR THE FISCAL YEAR END: 12/31/2016
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: WASLAW, LLC
2. SIGNATURE OF THE NEW REGISTERED AGENT:
Filing Office Use Only
E-Filed Annual Report
0162607
CA201700501125
1/5/2017 02:59
❑ Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
1001 College Court
New Bern, NC 28562-4972 Craven County
SECTION B: PRINCIPAL OFFICE INFORMATION
New Bern, NC 28563-0867
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Investment & Management
2. PRINCIPAL OFFICE PHONE NUMBER: (516) 365-9208
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
1295 Northern Blvd - Suite 17
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
1295 Northern Blvd - Suite 17
Manhasset, NY 11030-3002 Manhasset, NY 11030-3002
SECTION C: OFFICERS (Enter additional officers in Section E.)
NAME: Linda L Cronin
TITLE: Secretary
ADDRESS:
1295 Northern Blvd #17
Manhasset, NY 11030-3002
NAME: Carol Diconza
TITLE: Assistant Secretary
ADDRESS:
1295 Northern Blvd
Manhasset, NY 11030-3002
NAME: Thomas A Nuzio
TITLE: Virg Pracirinnf
ADDRESS:
1295 Northern Blvd #17
Manhasset, NY 11030-3002
SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity.
Thomas A Nuzio
SIGNATURE
Form must be signed by an officer listed under Section C of this form.
Thomas A Nuzio
Print or Type Name of Officer
1 /512017
Vice President
DATE
Print or Type Title of Officer
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525
SECTION E: ADDITIONAL OFFICERS
NAME: Denis F Cronin
TITLE: President
ADDRESS:
1295 Northern Blvd. #17
Manhasset, NY 11030-3002
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
NAME:
TITLE:
TITLE:
ADDRESS:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
NAME:
NAME:
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TITLE:
TITLE:
ADDRESS:
ADDRESS:
ADDRESS:
NAME:
NAME:
Name:
TITLE:
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ADDRESS:
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1 State Stormwater Inspection Report
General
Project Name: �(G,,,��/�
r
Permit No: SW8C180U
Expiration Date: Z—ZZ-23
Contact Person: L L &,r' 3
Phone Number: )e'7 3 + 3
�
Inspection Type ! a�A j
kV
Inspection Date: /G��2�1
Time In: / ; ( 2.&,
Time Out: !! , SC 2M
Current Weather:
Recent Rain (Date)?
Rain — in
Location
Facility Address / Location: Etk� 07" �$fl r 2� �C►
City: 1!5"b� Zip: County: Lat: 0 1"N Long: - 0 1"W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule ('1995 Coastal RuJQ) 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High (HD Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
Wet Ponds Infiltration Basins Infiltration Trenches LD Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (specify):
File Review
Vnc K1— A11A K1/C
1. Is the permit active?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
Site Visit: Built Unon Area /BUAI 0/6 O" GCt�g1'0 / vow M^ KIIA nuC
5. BUA is constructed and consistent with the permit requirements?
6. BUA (aspermitted) is graded such that the runoff drains to the system? (high density only)
7. Drainage area is consistent withpermit? (i.e. no un ermitted drainage to the SW BMPs)
NZ
8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs)
Site Visit: Stormwater BMPs vn� K1^ A11A NI/C
9. Stormwater BMPs are located per the approved plans?
/
10. Stormwater BMPs have dimensions (eg. length, width, area) matching the approvedplans?
i
11. Stormwater BMPs are constructed per the approvedplans?
FJ Ca/ (biv- LiJ. I 4 bit, ,F�� o r.a 1L L eJFS�J vY1 isi" r • • v�� •—
Site Visit: Operation and Maintananr_e Vnc AI,. AI/A AI/C
12. Acccss points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris (grass clippings, leaves, etc) is controlled?
s
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Ins ection and Maintenance records are available for inspection? (high density only, 1995 — present only)
/
1W. LJOr-5 ct Or.2Wc4oWeN W1 if7
bne visit: utner vermit conditions Yes No N/A N/E
17. Is the site compliant with other conditions of the permit?
Site Visit: Other Water Quality Issues Ye_s No NIA N/E
18. Is the site compliant with other water quality issues as noted durine the inspection?
State Stormwater Inspection Report, Version 3.0_3-09 Page 1 of 2
State Stormwater Inspection Report
Comments
VC_C'r_ ' Tj"& it 1 �t"t^fL- ltb� 5t-►uw.' rr. r2L>'E''' �'- PQPLI G vim+
of the pictures taken durinq the site
Compliance Status ❑ Compliant ❑ Non -Compliant
Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE
Date Sent: Reference Number:
Inspector Name and Signature: �g- ,I/"r.
- ii: Sv
t^ a v �i
17
Other
Date: /C)/ Z/ll
State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2
INFILTRATION BASIN: O & M Inspection Report
YES
NO
NLA
NE
Inlets and Pretreatment
1.
Drainage area is managed to reduce the sediment load to the basin:
❑
❑
❑
2.
Bypass structure / Vegetated filter is free of erosion and obstructions:
[r
❑
❑
❑
3.
Inlet device is free of erosion, damage or clogs:
10'
❑
❑
❑
4.
Pretreatment area free of excessive sediment:
E�
❑
❑
❑
5.
Pretreatment area is free of erosion:
[R�
❑
❑
❑
6.
Rip rap (if used) is in correctly placed:
[./�
❑
❑
❑
Perimeter
-
7.
Perimeter of the infiltration basin is free of bare soil or erosion:
IX
❑
❑
❑
8.
Vegetation around the basin is maintained at —6 inches height:
1'
❑
❑
❑
9.
Slopes and bottom are free of erosion and woody vegetation (trees or shrubs):
1✓
❑
❑
❑
j Main Treatment Area
10.
Main treatment area is free of weeds:
®'
❑
❑
❑
11.
Vegetation in the basin is maintained at —6 inches height:
❑
❑
❑
12.
Main treatment area is free of excessive sediment:
d
❑
❑
❑
13.
Main treatment surface area is free of clogs:
[?
❑
❑
❑
14.
Basin is drained and it has been more than 5 days since last rain:
2
❑
❑
❑
Outlet yi
,15.
Outlet device is free of erosion, clogs or damage:
❑
W
❑
❑
16.
Orifice size matches approved plans:
❑
❑
❑
17.
Relative elevations match approved plans:
W
❑
❑
❑
18.
Outlet device draining properly — (free of standing water, cattails, etc.):
❑
❑
❑
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Dec 4. 2004 Eye alt 140^ !t
d/19617
Google Maps
Go. :gle Ivicaps
Imagery @2017 Google, Map data @2017 Google 200 ft
https://www.goog!e.com/maps/@33.9227823,-78.0619531,525m/data=!3ml!1e3?hl=en 1/1
Permit: SWO980508 Owner - Project: South Harbour Village Associates LLC
Inspection Date: 1011212017 Inspection Type Compliance Evaluation Reason for Visit: Complaint
File Review Yes No NA NE
Is the permit active? C ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? 0 ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ []1 ❑
Comment:
Built Upon Area
Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? W ❑ ❑ ❑
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? ® ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? W ❑ ❑ ❑
Are the inlets located per the approved plans? a ❑ ❑ ❑
Are the outlet structures located per the approved plans? N ❑ ❑ ❑
Comment:
Operation and Maintenance
Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ N ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: 1. The Division has received a complaint about the lack of maintenance. The area around the bypass
structure needs to be maintained. The outlet into the basin and the vegetated filter are both partially
blocked by vegetation that has grown up. This vegetation needs to be removed to assure that runoff
enters the basin unimpeded and that the excess design storm can pass through the vegetated filter for
final polishing before being discharged.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ N ❑ ❑
Comment: 2. The stormwater permit has not been transferred to the Property Owners Association.
page: 2
Compliance Inspection Report
Permit: SW8980508 Effective:11/18/09 Expiration: 02/22/23
Project: South Harbour Village & Marina
Owner: South Harbour Village Associates LLC
County: Brunswick Adress: Fish Factory Rd
Region: Wilmington
CitylState/Zip: Oak Island NC 28465
Contact Person: Dennis Cronin Title: Manager Phone: 516-365-9205
Directions to Project:
State Hwy 211 and Long Beach Rd, south on Long Beach to intersection with Fish Factory turn left and site is at end of road.
Type of Project: State Stormwater - Infiltration System
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 10/12/2017 EntryTime: 11 00AM Exit Time: 11:50AM
Primary Inspector: Elsie C James
Secondary Inspector(s):
Alida R Lewis
Phone:
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
page: 1
1.
Levr.s,Linda
From: Lewis,Linda
Sent: Monday, October 09, 2017 1:19 PM
To: 'fizzysivie@yahoo.com'
Cc: Scott, Georgette
Subject: RE: [External] Stormwater Permit No. SW8 980508 Renewal Letter November 18, 2009
Ms. Berman:
I am responding to your email of October 6, 2017, or, behalf of Georgette Scott. We will be sending
an inspector out to the site soon to assess the situation and to determine if a violation of the permit
exists.
On May 17, 2010, a followup inspection of the project was conducted and the project was deemed
`compliant" at that time. All stormwater systems require routine maintenance in order to function
properly and to stay in compliance. A lack of routine maintenance of the stormwater system would
certainly be a cause of concern and this will be pointed out to the permittee of record, pending the
results of the inspection.
The permitted "system" for this project is an infiltration basin located adjacent the "chapel' directly off
of Fish Factory Road. The stormwater runoff flows overland into the streets and parking lots, where it
is collected via a series of catch basins and piping and is conveyed by gravity to the infiltration basin.
The permitted plans show no other runoff collection devices and no swales in-between the lots. If I
read your email correctly, I think what you may be seeing is erosion of the fill slope behind your
house. The permitted elevation of your lot is 12.5 in the back falling to 11.5 in the front. The natural
ground surface was at elevation 4-5, so seven to eight feet of fill material had to be brought in,
creating a significant fill slope behind your property and the other properties on Nester Drive. If this
slope is graded at 3H:1V ana is stable, then there may not be anything that we can do, since it is not
part of the stormwater collection system. But, as I said, an inspection will be done to determine
compliance.
We will contact the permittee with the results of the inspection, remind them of their permit obligation
to maintain the system, and suggest that they initiate the transfer of the permit if it is appropriate.
Linda
From: Scott, Georgette
Sent: Monday, October 09, 2017 11:20 AM
To: Lewis,Linda <linda.lewis@ncdenr.gov>
Subject: FW: [External] Stormwater Permit No. SW8 980508 Renewal Letter November 18, 2009
Linda,
Can you look into this please.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office (910) 796 7215
Fax (910) 350-2004
127 Cardinal Drive Ext.
Wilmington, NC 28405
North Carolina
From: reta berman [mailto:fizzx;sivie c;yahoo.com]
Sent: Friday, October 06, 2017 9:56 AM
To: Scott, Georgette cseorge*I scott@ncdenr.gov-.
Subject: [External] Stormwater Permit No. SW8 980508 Renewal Letter November 18, 2009
Q�},?.,1'101C This email originated from outside of the organization Do not click links or open attachments unless you verify that the
attachment and content are safe. Send all suspicious email as an attachment to "_r*._:�ti�n_. G.aov.
Dear Ms. Scott:
on November 18, 2009, you sent a letter to Dennis Cronin, Manager, South
Harbour village Associates, LLC, regarding the renewal application of the
above referenced permit.
The renewal application had been received by the Division of water Quality
on October 9, 2009 and the permit was renewed.
However, the site was inspected on March 13, 2009 and was found not in
compliance. These deficiencies were to be cured by December 19, 2009.
You also noted, in a separate paragraph, "Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the
stormwater management system will result in future compliance problems.
were these deficiencies cured and the inspected by the Division of
stormwater Quality?
I have been trying to establish the answer to this question as well as who
to contact regarding severe erosion in one of the permit sites. I have
contacted the towns of Oak island and Southport who referred me to
Brunswick County Sw department who told me to hire an attorney. This if
find appalling, that tax payer supported county employees can't or won't
assist. I finally contacted Connie Marlowe of Brunswick County who said
this was a state issued permit and to contact you.
There is only one permit for all of South Harbour village. Mr. Cronin has
basically, without state consent or legal documentation, handed over the
permit and its responsibilities to the South Harbour village Master
Association. They have done nothing to maintain this permit, per the
instructions of your November 18, 2009 letter.
In fact, our association (Marina Club Condominium COA) president, ]ohn
McLendon, who is also on the South Harbor village POA/Member HOA meeting
(each association under the Master has one representative on that board),
2
t4,* over the responsibility of the storm -water permit site behind 5021
Nester and the other buildings on this street.
The land has eroded badly, Mr. McLendon ordered rip rap to be placed
there, some was placed at the end building which has two sides exposed to
the storm water site, but behind our building and the adjacent one (5017
Nester), the ground is rapidly disappearing down the hill. Mr. McLendon
had straw placed along this area, which did nothing but fall down the hill
as well. The swale between these two buildings, while somewhat draining
toward the street, needs to be regraded to that all of the water drains
toward the street.
No, the president will not listen, nor will he or the Master Association
or the permit holder, Mr. Cronin, have a professional engineer investigate
this. Mr. McLendon stated that this (a PE review) "would cost thousands
of dollars."
So, z am trying to find out if the permit is in complaince and how we can
discover if the legal permit holder has been maintaining the permit per
your November 28, 2009 letter.
Thank Youu,
Reta Berman
Property Owner of 5021 Nester Drive, Southport, NC
704-400-8561
RET,A BERMAN
Lewis,Linda
From: Lewis,Linda
Sent: Monday, October 09, 2017 12:03 PM
To: Scott, Georgette
Subject: RE: [External] Stormwater Permit No. SW8 980508 Renewal Letter November 18, 2009
It looks like David Cox conducted a followup inspect -ion on May 17, 2010 and called it compliant.
The permit has NOT been transferred to the HOA. The permittee, South Harbour Village Associates,
LLC remains active on the NCSOS, and their registered agent in NC is Ward & Smith Law fine.
If you want me to, I can send them a letter regarding the complaint, their maintenance obligations,
and their obligation to initiate the transfer of the permit and see what kind of response we get.
Linda
From: Scott, Georgette
Sent: Monday, October 09, 2017 11:20 AM
To: Lewis,Linda <linda.lewis@ncdenr.gov>
Subject: FW: [External] Stormwater Permit No. SW8 980508 Renewal Letter November 18, 2009
Linda,
Can you look into this please.
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office (910) 796 7215
Fax (910) 350-2004
Georgette. Scott[@ ncden r. uov
127 Cardinal Drive Ext.
Wilmington, NC 28405
-urth;,# Compares s'
�.. .,..� i'i..t'L'iy.«5li_ -.',, � _t�' .:C:. .:�l:r? :'i,�� ...... ...� .'.•�' 'r!j'! r � 17 �;
r?r'? (✓Pa, 1 r i J;1;.. ._�ati,S �._. :r r:p ._ ii:. r `.:i ."a.:xau,'".`I&
From: reta berman [maiit(-j:fiz.zysivie@y hoo.ccii iI
Sent: Friday, October 06, 2017 9:56 AM
To: Scott, Georgette <ge� orgette.scoti@ncdc-nr.gov>
Subject: [External] Stormwater Permit No. SW8 980508 Renewal Letter November 18, 2009
Pusey, Steven
From: Pusey, Steven
Sent: Wednesday, April 19, 2017 4:13 PM
To: Dan Sams (dan.sams@ncdenr.gov)
Subject: Map of area - South Harbor Village
Attachments: South Harbor Village.pdf
See attached. Her address is 5021 Nester Drive, Southport, NC. That's the house just north of the open lot.
Steve
Steve Pwei
Steve Pusey
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 off"
910 796 7334 direct
steven. puseyCM-ncdenr.gov
127 Gardinat Drive Ext.
Wilmington, NC 28405
Ac-
RMa WtIDU"Wr^* T
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Before printing this email, please consider your budget and the environment
Pusey, Steven
From: Pusey, Steven
Sent: Wednesday, April 19, 2017 3:37 PM
To: Sams, Dan; Scott, Georgette
Subject: RE: Question
Attachments: 1999 02 permit 980508.pdf
Da n,
This is the project we talked about back in early March. It appears the only thing that has changed since then is the
vegetation behind her house was cut. See the attached copy of the permit no. SW8 980508, which was renewed on
November 18, 2009 and is now effective until February 22, 2019. Permittee is Mr. Dennis Cronin, Manager, South
Harbour Village Associates, LLC, Royal Nest 1295 Northern Boulevard, Suite, Manhasset, NY 11030. It is a high density
permit with an infiltration basin.
Steve
From: Sams, Dan
Sent: Wednesday, April 19, 2017 3:00 PM
To: Pusey, Steven <steven.pusey@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>
Subject: RE: Question
Steve:
The e-mail provides insufficient information for Georgette or I to contribute. What subdivision does this involve and
what has been your conversations with the complainant? Does this project have a Stormwater Permit, high or low
density, and is the original developer or HOA the current Stormwater Permit holder?
The e-mail pictures provided does not show either erosion or sensitive waters referenced in the e-mail text. Vegetation
removal is seldom a function of jurisdictional authority under Stormwater rules; therefore, I am trying to understand
why the complainant is convinced that it is.
Please elaborate.
Thanks....
clan
Division of Energy, Mineral, and Land Resources — Land Quality Section
Department of Environmental Quality
910-796-7215
dan.sams@ncden .jov
"Nod I
K"D.- . , - ) rig 2�9 fti
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Pusey, Steven
Sent: Wednesday, April 19, 2017 8:39 AM
To: Sams, Dan <dan.sams ncdenr.gov>; Scott, Georgette <Reorgette.scott@ncdenr.gov>
Subject: FW: Question
Senator Bill Rabon's assistant is requesting more information on this situation.
See below.
From: Paula Fields (Sen. Bill Rabon) [mailto:Rabonla@ncleg.net] On Behalf Of Sen. Bill Rabon
Sent: Wednesday, April 19, 2017 7:50 AM
To:'reta berman' <fizzysivie@vahoo.com>; Pusey, Steven <steven.pusey@ncdenr.gov>
Cc: Senator Bill Rabon <Bill.Rabon@ncleg.net>; Rep. Frank Her <Frank.Iler@nclee.net>; Rep. John Bradford
<John. Bradford@ ncleg.net>
Subject: RE: Question
Could you please provide more information?
r.:
PAULA FIELDS
Legislative Assistant — Senator BILL RABON
Chair, Senate Rules and Operations of the Senate
919-733-5963 — 2010 Legislative Building
N C General Assembly
From: reta berman [mailto:flizzysivie(dyahoo.com]
Sent: Tuesday, April 18, 2017 10:20 PM
To: Pusey, Steven
Cc: Sen. Bill Rabon; Rep. Frank Iler; Rep. John Bradford
Subject: Question
Dear Mr Pusey,
Someone, and no one is owning up to who did it, cut the trees and shrubs behind 5021 Nester Drive and left the tree limbs and debris.
msla:':
y
Now the erosion from the incorrect grading on the side of the building is more evident and is getting worse with every heavy rain
There has to be a governmental agency who will physically inspect this violation of a state storm water permit. According to what I
read in the regulations, not only are scheduled state inspections and remit renewals required but also maintaining the permitted area all
of the time.
Now, I realize that the grading on our HOA needs to be corrected. However, we have a nonchalant board of directors who shrug the
grading problem off, laugh about my concerns and take another sip of wine.
We also have the same problem with the "edge" where the land acutely drops to the SW permitted area. No one will take
responsibility and respond that action doesn't have to be done because no one, sic government, sent any notifications with threat of
fines to them as a master association director said.
So, who do I contact.
I am forwarding a copy of this email to all of my state representatives and senators to see if they have any ideas.
In Mecklenburg County, where we primarily reside, any concern for sensitive water areas is immediately investigated. No one has to
repeatedly make inquiries as I have done.
Thank you. Reta Berman
Sent from my iPhone
4
3
Pusey, Steven
From: Pusey, Steven
Sent: Friday, March 03, 2017 4:31 PM
To: 'reta berman'
Subject: RE: Hi hope the storm wasn't too bad for you
Reta,
Thanks for your explanation and I understand your concerns. You stated that the "there is a gully between the two
buildings and this gully takes rain water, not from the gutters (installed 2 years ago), to the back of the lot." Therefore,
the rain water is coming from the grassed area, not from the impervious area of the roof. The stormwater permit only
requires that runoff from impervious areas be directed to the drop inlets and conveyed through piping to an infiltration
basin. The incidental runoff from the grassed areas can go directly offsite. Therefore, we don't have anything to enforce
in this situation.
I recommend you take it up with your Homeowner's Association since the lot is owned by them.
Best regards,
Steve
From: reta berman [mailto:fizzysivie@yahoo.com]
Sent: Friday, March 03, 2017 9:06 AM
To: Pusey, Steven <steven.pusey@ncdenr.gov>
Subject: Re: Hi hope the storm wasn't too bad for you
The lots that Brian Keesey built on (the two with garages) were not graded
to drain toward the street.
They may have been by the developer, but when Keesey built, the swales
were disturbed due to the construction, and the grading was not returned
to the original grade.
why, because he went bankrupt and the bank (Bank of the Ozarks) who held
the note, forced him to finish the work on those 2 buildings.
The workmanship inside was shoddy, probably minimum to pass inspections,
for example the wet bar was not connected, the drain was there and water
lines and sink and faucet but not connected. The place for the dishwasher
had the electric there but not water lines. A lot of little things,
missing baseboard, etc.
The ground was seeded so there was grass there. But the original grading
and grading plan was not returned. There is a gully between the two
buildings and this gully takes rain water,not from the gutters which we
installed 2 years ago, to the back of the lot. Not the front. If you
walk ;t you can tell.
walking it will also show you the ground in the back, where the edge drop
off is located, is extremely soft. Areas are like mini sink holes, you
can sink your shoe in them.
i
Pusey, Steven
From: reta berman <fizzysivie@yahoo.com>
Sent: Friday, March 03, 2017 9:06 AM
To: Pusey, Steven
Subject: Re: Hi hope the storm wasn't too bad for you
The lots that Brian Keesey built on (the two with garages) were not graded
to drain toward the street.
They may have been by the developer, but when Keesey built, the swales
were disturbed due to the construction, and the grading was not returned
to the original grade.
why, because he went bankrupt and the bank (Bank of the Ozarks) who held
the note, forced him to finish the work on those 2 buildings.
The workmanship inside was shoddy, probably minimum to pass inspections,
for example the wet bar was not connected, the drain was there and water
lines and sink and faucet but not connected. The place for the dishwasher
had the electric there but not water lines. A lot of little things,
missing baseboard, etc.
The ground was seeded so there was grass there. But the original grading
and grading plan was not returned. There is a gully between the two
buildings and this gully takes rain water,not from the gutters which we
installed 2 years ago, to the back of the lot. Not the front. If you
walk it you can tell.
walking it will also show you the ground in the back, where the edge drop
off is located, is extremely soft. Areas are like mini sink holes, you
can sink your shoe in them.
so, I cannot agree with you that the grading is what it is supposed to
be. without a physical inspection of the area I have concerns about, by
your department, you cannot make that statement.
respectfully, reta berman
RETA BERMAN
............. .
From: "Pusey, Steven" <steven.pusey@ncdenr.gov>
To: reta berman <fizzysivie@yahoo.com>
Sent: Friday, March 3, 2017 8:35 AM
Subject: RE: Hi hope the storm wasn't too bad for you
The lots were graded in accordance with the plan which shows a slope going from back yards toward
the road. We don't review the individual house plans so we have no control over that.
Steve
-----Original Message -----
I
From: reta berman [mailto:fizzvsivie( -yahoo.com]
Sent: Thursday, March 02, 2017 5:21 PM
To: Pusey, Steven <steven.pusey(a).ncdenr.gov>
Subject: Re: Hi hope the storm wasn't too bad for you
Our building and the one next to us was build AFTER 2010.
Sent from my Phone
> On Mar 2, 2017, at 5:00 PM, Pusey, Steven <steven.pusey�D_ncdenr.gov> wrote:
> The project was deemed compliant back in 2010. So, all should be built as designed. The drains in
the street convey stormwater to an infiltration area for treatment. The system was certified by an
engineer according to the inspection report.
> Regards,
> Steve
> -----Original Message-----
• From: reta berman [maiIto :fizzysivie(aJ)_yahoo.com]
> Sent: Thursday, March 02, 2017 4:28 PM
> To: Pusey, Steven <steven.pusey a(_ncdenr.gov>
> Subject: Re: Hi hope the storm wasn't too bad for you
> No nothing. Told us it was fine but the storm water isn't going where it is supposed to go and that is
the storm drains located in the street in the front of the house this basically is diverting water fertilizer
weed killers into the wet lands.
> Sent from my Phone
>> On Mar 2, 2017, at 4:23 PM, Pusey, Steven <steven.pusey(aD_ncdenr.gov> wrote:
>> Reta,
>> Unless the erosion is caused by stormwater runoff from the roof of your condo, then it is just a
weathering issue. As you mentioned, most of the erosion was caused by Hurricane Matthew so
think it is due to extreme weather. If that's the case, then it is an issue between you and the property
owner's association. I hope they will improve on the "fix" if it is not working. Did they plant grass or
sod under the straw? That will at least keep it stabilized as a minimum.
>> Regards,
>> Steve
>> -----Original Message -----
>> From: reta berman [maiIto :fizzysivie(a_yahoo.com]
>> Sent: Thursday, March 02, 2017 10.36 AM
>> To: Pusey, Steven <steven.pusey(aD_ncdenr.gov>
>> Subject: Re: Hi hope the storm wasn't too bad for you
>> We have a "limited common interest" as condo owners in the land. It is owned by the association
but the storm water permit is in the name of South Harbor Village & Marina
>> Except for removing debris we aren't allowed to do anything
>> As SHVM is the storm water permit holder they have the responsibility to inspect twice a year and
document this and maintain. Obviously they are not the maintenance and inspection is in the
document you sent me
>> I know when I developed land in Maryland in the Chesapeake Bay watershed we kept binders with
the permits renewals inspections anything we did to areas deemed wetland. Gave it to the owner or
attorney when we were thru.
>> I can't attach pix to this email but sending you pix of the land behind the building (5021 Nester)
and the survey
>> Sent from my Phone
>>> On Mar 2, 2017, at 10:08 AM, Pusey, Steven <steven.puseyCa)_ncdenr.aov> wrote:
>>> Reta,
>>> I thought about if the riprap was on your property. If that's the case, then the lot owner is
probably responsible for keeping the riprap maintained. Normally, this is spelled out in the bylaws of
the HOA.
>>> Steve
>>> -----Original Message -----
>>> From: reta berman [mailto:fizzvsivieC)yahoo.com]
>>> Sent: Thursday, March 02, 2017 9:43 AM
>>> To: Pusey, Steven <steven.puseyA_ncdenr.gov>
>>> Subject: Hi hope the storm wasn't too bad for you
>>> Our guy went down to Nester to check. Fortunately all is well
>>> But he said he believes and I agree that our back property line is out of compliance with the SW
permit.
>>> The rip rap
>>> Is falling down the hill and covered with dirt. There is straw now where rip rap should be and like
the three little pigs and their three houses, straw cannot withstand heavy rain and wind.
>>> This would be for the South Harbor Village & Marina permit and we are in that master
association. Our house number is 5021 Nester Dr. Southport (although we pay taxes to Oak Island as
well)
>>> How do I get someone to check.
3
>>> Thanks.
>>> Sent from my Phone
Pusey, Steven
From:
Pusey, Steven
Sent:
Thursday, March 02, 201710:52 AM
To:
'reta berman'
Subject:
PE: Pix
It appears that you have lost some soil from your lot due to erosion. However, I don't feel that it's bad enough to harm
the wetlands. That is our primary concern.
If it gets worse, they may have to put in a retaining wall. If you wish to have someone visit to inspect, ? recommend
contacting our wetlands / 401 permit person, Chad Coburn, at 796-7379.
Steve
From: reta berman [mailto:fizzysivie@yahoo.com}
Sent: Thursday, March 02, 2017 10:41 AM
To: Pusey, Steven <steven.pusey@ncdenr.gov>
Subject: Pix
1. From deck straw along edge. Pick it up you see gaps where there isn't any soil or rocks. Thus is what they"fix" was. Behind this is
wetlands
2. Soul isn't as eroded before Hurricane Matthew Rocks covered by dirt
3 survey from settlement. Condo play book 15 pages 75-76
Weaver, Cameron
From: Weaver, Cameron
Sent: Friday, October 28, 2016 4:14 PM
To: 'Reta Berman'
Subject: RE: Stormwater Management Permit SW8 980508 South Harbour Village and Marina
As mentioned in the permit, the maintenance records are to be maintained -by the permittee. There is not a specific
document titled as a maintenance agreement in the documents I see, but a file review is highly recommended for you to
get copies of correspondence that is not available electronically, or I can take the file to be copied in its entirety at a
local business for you to pay directly.
Cameron Weaver
Environmental Assistance Coordinator -Wilmington Regional Office
NCDEQ-Division of Environmental Assistance and Customer Service
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7303
NCDEQ NEW WEBSITE: http://deg.nc.gov/
DEACS NEW WEBSITE: http://deg.nc.eov/about/divisions/environmental-assistance-customer-service
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Reta Berman [mailto:fizzysivie@yahoo.com]
Sent: Friday, October 28, 2016 3:09 PM
To: Weaver, Cameron <cameron.weaver@ncdenr.gov>
Subject: Re: Stormwater Management Permit SW8 980508 South Harbour Village and Marina
Any luck yet with the 1999 maintenance agreement
Reta Berman
On Oct 28, 2016, at 10:25 AM, Reta Berman <fizz sib@yahoo.com> wrote:
Phil asked for the additional information. Thanks
Reta Berman
Begin forwarded message:
From: 'Phil A. Berman" <p.berman@cros.kl2.nc.us>
Date: October 28, 2016 at 10:18:03 AM EDT
To: Reta Berman <fizzysivie @yahoo. com>
Subject: RE: Stormwater Management Permit SW8 980508 South Harbour
Village and Marina
It does reference that the original permit conditions contained in the permit issued on
February 22, 1999 remain in full force, however the attachments you forwarded did not
include copy of the original 1999 permit and the operations with the maintenance
agreement. I am trying to determine why John is implying that our association is
responsible for the compliance behind our unit rather than the South Harbour Village
and Marina.
Phil A. Berman
Executive Director for Building Services
3301 Stafford Drive
Charlotte, NC 28208
Phone: 980-343-5907
Fax: 980-343-3644
Cell: 704-201-3415
Izat
iNLJIIIIIIIILJ� Amok I*,
Ch,u1gT1 •,AlecA1Pnh0urgr-cho*ls
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From: Reta Berman [mailto:fizzysivie@yahoo.com]
Sent: Friday, October 28, 2016 9:35 AM
To: Phil A. Berman
Subject: Fwd: Stormwater Management Permit SW8 980508 South Harbour Village and
Marina
Reta Berman
Begin forwarded message:
From: "Weaver, Cameron" <cameron.weaver@ncdenr.gov>
Date: October 28, 2016 at 9:25:40 AM EDT
To: "fizzysivie @yahoo. com" <fizzysivie @ yahoo, com>
Subject: RE: Stormwater Management Permit SW8 980508
South Harbour Village and Marina
Ms. Burman:
It was a pleasure speaking with you and attached is the electronic file
copy of the subject permit and latest inspection. Please let me know if I
can be of further assistance.
Cameron
Cameron Weaver
Environmental Assistance Coordinator -Wilmington Regional Office
NCDEQ-Division of Environmental Assistance and Customer Service
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7303
NCDEQ NEW WEBSITE: http://deg.nc.gov/
DEACS NEW
WEBSITE: http://deg.nc.jzov/about/divisions/environmental-assistance-
customer-service
E-mail correspondence to and from this address may be subject to'the
North Carolina Public Records Law and may be disclosed to third
parties.
From: Scott, Georgette
Sent: Thursday, October 27, 2016 9:16 AM
To: Weaver, Cameron <cameron.weavergncdenr.eov>
Subject: FW: Stormwater Management Permit
Cameron,
It appears that this woman wants a copy of this permit. Can you contact
her and let her know how she can get a copy?
Thank you!
Georgette Scott
State Stormwater Program Supervisor
Department of Environmental Quality
Office (910) 796 7215
Fax (910) 350-2004
Georgefte.Scott@ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
<image002.png>
Email _criesro dence to and from :his address;s Su ?j4C# fo Oa
Nonh Cwolina Public Records Law and may be disc.!^:sec' t�) V7t'1d
parties.
From: Bennett, Bradley
Sent: Thursday, October 27, 2016 7:04 AM
To: Scott, Georgette <Reorsette.scott@ncdenr.eov>
Subject: FW: Stormwater Management Permit
Georgette,
See email and contact info below, Can you get in touch with Ms.
Burman and help her with this permit.
Thanks
m
Bradley Bennett
Stormwater Permitting Program Phone: (919) 807-6378
NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494
1612 Mail Service Center Email:
bradley.bennett @ ncdenr.gov
Raleigh, NC 27699-
1612 Web: hftp://r)ortal.ncdenr.orQ/web/lr/stormw
ater
Email correspondence to and from this address may be subject to public records laws
From: Evans, John
Sent: Thursday, October 27, 2016 6:48 AM
To: Bennett, Bradley <bradley.bennett@ncdenr.gov>
Subject: Stormwater Management Permit
Bradley
A Rita Burman left a message on my machine late yesterday asking for a
stormwater management permit SW8980508. Her number is
704.892.4867
Can you please assist her. Thanks
John C. Evans, J.D.
Chief Deputy Secretary
North Carolina Department of Environmental Quality
919 707 8474 office
919 219 4248 mobile
John.C.Evans@ncdenr.gov
1601 Mail Service Center
Raleigh, NC 27699-1601
<image0Q3.png>
Ernait i' r'respond"once to and from This. addr cz�s,- Is sv )jP:; to the
Nlor h Carc!ina Public Reccrd third
Panics.
Lewis,Linda
From:
Sent:
To:
Cc:
Subject:
Thank you Mr. Burnett.
Lewis,Linda
Monday, September 08, 2014 9:10 AM
'Ed Burnett'
Scott, Georgette; Ga j1 Lawrence; Phil Norris
RE: south harbour ponds
I know I keep harping on this issue, but as long as the permit is in your name, you are responsible for it. Whenever you
sell a permitted project, PLEASE follow the permit conditions for transferring it to the new owners. This will save both of
us the aggravation of having to deal with it years down the road when the compliance issues have grown and your
ability to resolve them is unnecessarily limited by your own actions or inactions as the case may be.
I don't have an issue with allowing the un-used pond to "run out", but in order to do that, you need to modify the permit
before it's transferred to the HOA. You've already stated that are not going to bring that unused pond into compliance.
The Division would not be able to transfer the permit, which covers both ponds, to the HOA unless you either bring that
unused pond into compliance or modify the permit to remove it before transfer.
My schedule is pretty full for the next few weeks, but I'll let you know when I (or one of the SEC inspectors) might be
able to meet Phil and/or you out there to take a second look. It's possible that after my visit and inspection report, the
situation got resolved? If so, please let me know. Thank you.
Linda
-----Original Message -----
From: Ed Burnett [mailto:elbiii@ec.rr.comi
Sent: Monday, September 08, 2014 8:44 AM
To: Lewis,Linda
Cc: Scott, Georgette; Gary Lawrence; Phil Norris
Subject: south harbour ponds
Dear Linda, Hope you are doing well. Today is my response date limit to your previous request and although I have
already responded in part, please let this serve as official.
All issues your have requested are being worked on and should be remedied very quickly. I have addressed the HOA
taking over the permit. This will require a board meeting but should not be a problem. The pond not being used, I
suggest we let run out. It serves no purpose, I own none of the property or land that was to be developed in
coordination of its use, and i suspect it will be years before anything happens with the property. Pond responsibility
should be those of vested interest. I also made inspection of the garages
which you mentioned not have storm water management and I disagree.
All buildings are in compliance as they have been from the start. I d be happy to document this for you, but it may be
easier to meet on site and clear this up. Let me know when you can be available. ed
Compliance Inspection Report
Permit: SW8980508 Effective: 11/18/09 Expiration: 02/22/19 Owner: South Harbour Village Associates LLC
Project: South Harbour Village & Marina
County: Brunswick Fish Factory Rd
Region: Wilmington
Oak Island NC 28465
Contact Person: Dennis Cronin Title: Manager Phone: 516-365-9205
Directions to Project:
State Hwy 211 and Long Beach Rd, south on Long Beach to intersection with Fish Factory turn left and site is at end of road.
Type of Project: State Stormwater - Infiltration System
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 05/17/2010 Entry Time: 01:30 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: IN Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 02:00 PM
Phone: 910-796-7215
Inspection Typo: Stormwater
Page: 1
Penult: SW8980508 Owner - Project: South Harbour Village Associates LLC
Inspection Date: 05/17/2010 Inspection Type: Stormwater Reason for Visit: Follow-up
Inspection Summary:
The repairs made to this stormwater system meet the minimum requirments for this office.
File Review Yes No NA NE
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? 1111110
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ■ ❑ ❑ ❑
Are the inlets located per the approved plans? ■ ❑ ❑ ❑
Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑
Comment:
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:
Page: 2
OMACTEC
engineering and constructing a better tomorrow
November 24, 2009
60OZ E 0 330
M]
Mr. David Cox cica-Z EaDau
Surface Water Protection Section
Division of Water Quality
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: LETTER OF INTENT
STORMWATER MANAGEMENT PERMIT
STORMWATER PERMIT NO. SW8 980508
SOUTH HARBOUR VILLAGE & MARINA
OAK ISLAND, BRUNSWICK COUNTY, NORTH CAROLINA
MACTEC PROJECT 6470-09-2448
Mr. Cox,
On behalf of South Harbour Village Associates, LI.C, MACTEC Engineering and Consulting, Inc.
(MACTEC) submitted a Stormwater Management Permit Renewal Application and incomplete
Designer's Certification for the South Harbour Village & Marina (SHV) site in Oak Island, Brunswick
County, North Carolina, on October 8th. As stated in the SHV Stormwater Summary, the Designer's
Certification for the on -site infiltration basin was incomplete because as -built survey data for the basin
revealed that the basin was not properly constructed, as proposed and permitted in the original stormwater
permit for the site.
Per our subsequent discussions, the Division of Water Quality (DWQ) has requested that the property
owner submit a formal position on their intent for this infiltration basin. Therefore, MACTEC has
prepared this letter, to inform DWQ that the property ownership intends to increase the size of the
infiltration basin, as required. The size of the infiltration basin will be increased, as necessary, to meet the
required stormwater storage volume and treatment parameters. Please note that the overall size and
general configuration of the infiltration basin will be consistent with the designed basin submitted in the
original stormwater management permit.
Upon completion of construction activities, MACTEC will submit a complete as -built Designer's
Certification and supporting calculations for the infiltration basin, as required.
Our proposed schedule for completion these activities is as follows:
• December 19, 2009 Completion of engineering drawings and calculations for infiltration
basin improvements.
• January 4, 2010 Initiate construction activities to increase the size of the infiltration basin.
• February 12, 2010 Submittal of the as -built Designer's Certification and supporting
calculations for the infiltration basin.
MACTEC Engineering and Consulting, Inc.
3301 Atlantic Avenue • Raleigh, NC 27604 • Phone: 919-876-0416 • Fax: 919-831-8136
www.mactec.com
Letter of Intent
South Harbour Village & Marina
Oak Island, Brunswick County, North Carolina
November 24, 2009
Stormwater Permit No. SW8 980508
Page 2
Should you have any question or require additional information, please contact Jeff Mann at (919) 831-
8066.
Sincerely,
MACTEC ENGINEERING AND CONSULTING, INC.
Jeffrey A. Mann, P.E.
Chief Engineer
MACTEC
engineering and constructing a better tomorrow
May 12, 2010
Mr. David Cox
Surface Water Protection Section
Division of Water Quality
NC Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Subject: LETTER OF TRANSMITTAL
DESIGNER'S CERTIFICATION — STORMWATER INFILTRATION BASIN
STORMWATER PERMIT NO. SW8 980508
SOUTH HARBOUR VILLAGE & MARINA
OAK ISLAND, BRUNSWICK COUNTY, NORTH CAROLINA
MACTEC Project 6470-09-2448
Mr. Cox,
On behalf of South Harbour Village Associates, LLC, please find the attached Designer's Certification
and supporting documents for the stormwater infiltration basin located at the South Harbour Village &
Marina site in Oak Island, Brunswick County, North Carolina.
Should you have any question or require additional information, please contact Jeff Mann at (919) 831-
8066.
Sincerely,
MACTEC ENGINEERING AND CONSULTING, INC.
JeffreP.E.
ChieJW
Enclosures: Designer's Certification
Summary of Stormwater Infiltration Basin Improvements/Modifications
As -Built Survey
MACTEC Engineering and Consulting, Inc.
3301 Atlantic Avenue • Raleigh, NC 37604 • Phone: 919-876-0416 • Fax: 919-831-8136
www.mactec.com
1
South Harbour Village & Marina �r 2010
Stormwater Permit No. Sw8 980508 \
Summary of Stormwater Infiltration Basin Improvements/Modifications
MACTEC Engineering and Consulting, Inc. has evaluated the existing South Harbour Village &
Marina development conditions relative to the original permitted conditions described in Permit
No. SW8 980508, issued on February 22, 1999, for the high density development portion of the
development. Based on the Notice of Violation (NOV) issued by the NCDENR Division of
Water Quality, the primary concerns were the total as -built impervious area for the development
and verification that the stormwater management system was installed in accordance with the
approved permit requirements in effect during construction.
In December 2009, an as -built survey (NAVD 88/NAD 83) of the property was prepared by
Sherwin D. Cribb. MACTEC evaluated and electronically quantified the existing impervious
areas using the as -built survey and AutoCAD Site/Civil 3D Version 2010. Based on this
evaluation, the total impervious area for the site is 4.515 acres, which is approximately 1.236
acres less than the originally proposed development (5.751 acres) as permitted by DWQ in 1999.
This calculation includes a maximum percentage of impervious area of 50% for three residential
lots which have not yet been developed. The modified parking area configuration noted in the
NOV was included in the total impervious area calculation. The primary reduction in
impervious area at the site is attributed to the modifications made in the roadway/parking areas
located along the western side of the property and immediately adjacent to the marina. The
original permitted impervious area for roadways/parking was 3.713 acres; however, the existing
impervious area for roadways/parking is 2.592 acres, resulting in a 1.121 acre reduction.
Based on review of the 2009 as -built survey, the existing stormwater drainage system does not
include drop inlets DI-6 and DI-7 or storm drain pipe sections 8 and 9, as shown on the
originally permitted drawings. However, the as -built topography for this portion of the site does
illustrate positive drainage towards the nearest drop inlet (DI-8). In addition, stormwater pipe
invert variances from those shown on the permit drawings were also noted. MACTEC has
determined that the as -built stormwater drainage system will adequately convey the 10-year
design storm flow to the stormwater infiltration basin.
Based on review of the 2009 as -built survey, MACTEC determined that the existing infiltration
basin had a total storage volume of 15,295 cubic feet. MACTEC also determined that the
required storage capacity of the infiltration basin should be 25,050 cubic feet. This requirement
volume was based on the required storage and treatment of the first 1.5 inches of precipitation.
Runoff volume calculations were based on the Simple Method. The calculations revealed a
storage volume shortfall within the existing infiltration basin of approximately 5,300 cubic feet.
Based on these findings, MACTEC designed a modification plan for the existing infiltration
basin to increase the available storage volume of the infiltration basin while not exceeding the
original basin footprint as shown in the original permit drawings. This work was completed in
March. -April 2010 and the modified infiltration basin now provides approximately 25,670 cubic
feet of storage for stormwater runoff. The basin modifications preserved the side slope and
elevations from the original basin design, as required by the DWQ permit. These infiltration
basin improvements are provided on the attached infiltration basin as -built survey, prepared by
Sherwin D. Cribb in April 2010.
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE.)TIME �
NAME ��%" �/��%% �� REPRESENTING
GuideJinelsr Acce�Tlie saff 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.
I. 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 at one 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, larvae 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 LL COUNTY
2.
3.
4.
5.
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Signat elName of 5Vm or Business Date Time In. Time Out
(Pieasf attach bqo6ss cart/ to form if available)
# Copes: Amt. Pd: 1
Related Permit iiliations�_InspLc§rs Questions Compliance Issues ft
Inspection Details Events Operators
Permit LMM980508 ' Qetails Effective Date O21=999 .1 Expiration Data
Faculty: !South Harbour Village Marina Tract
Owner. South Harbor Village As
Inspection Date:. 031131200— 9
Enter Inspection Summary
L Dgtafis SOC Eff.Dq II SO Exp.Dtr
Delaiis i Cou runswnck Region' Imington
Previous Inspection Date. I ^= Planned Inspection W. I
order to bring this system into compliance you must perform the following.
1. Request a modification to address the unapproved parking lot-
Z. Submit the required logineers Certification.
8. perform the mai enance necessary to bring this system into compliance including the
all eroded areas with permenam vegetation.
Generate Leiter... ReauestAddl Info...
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repair and
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Read; VD: IMSPA