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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 '�_ r o si onoa-Wm 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 � �nlv' dcx%.dl �2122 � Uscar is uVnV-nown 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 COPIES MADE PAID INVOICE Time Out 'YD ti ss gn rx o 0 0 0 c Ul =3 '0=r Z 0 . o 0 C :E CT CD a) CD =s U) CL 0 dryCD MCD 0 OON Ila to to to CA 4 z 0 C) to IQ O 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 •``�`"";: North Carolina f: ;} FlarShall i PAR 1 . r rtvlaine Secretary EC RETARY Cx _ ;•�„ ,"�,I�`, PC Box 29MRaidgh,tr-2792a-4 (BtTs,61a-L47G Account Login Click Here To: Create -bite View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report form 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 Y� Login Click Here To: Create .��--------•--- -- — ---____._--.Site View Document Filings File an Annual Report Amend a Previous Annual Report Account Print a Pre -Populated Annual Report form 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: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: NAME: Name: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: 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.): ❑ ❑ ❑ �1> Ni s 1� Jkr N MNA c r A c USG-CTA41V'e Fti&*6 A v .£rw't,cJ i�fA'r t4C- o5 To 3tr a&r�o".� V3.3_09 21 77i - 'Glube. .. .. ...: ?S" N 78 Cl 4: :18.. Nd e!e'.r r'i ft iSahw 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 5~� CALL e-Awl . 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. 0 e 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... I repair and Help I �3awk 'aet�v- _ Fit 3sc - I `lose Read; VD: IMSPA