SW8170207_Compliance Evaluation Inspection_20200117

Pusey, Steven
From: Pusey, Steven
Sent: Friday, January 17, 2020 4:02 PM
To: [e-mail]; [e-mail]
Cc: Georgette Scott ([e-mail])
Subject: Permit SW8 170207; Avendale Phase 4
Attachments: 2020 01 CEI_BIMS 170207.pdf, 2020 01 CEI_deficient_addinfo 170207.pdf
Dear Mr. Fussell and Ms. Laverdure:
Please reference the attached Letter and Inspection Report for the subject subdivision.
Regards,
-4teve Uwsey
Steve Pusey, El
Environmental Engineer II
Division of Energy, Mineral and Land Resources - State Stormwater
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven.ousevCa)ncdenr.eov
127 Cardinal Drive Ext.
Wilmington, NC 28405
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Before printing this email, please consider your budget and the environment.
1

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Director
January 17, 2020
Via email only: iwfusse1148(a)
zmaiLcom
Avendale Development, LLC
Attn: J.W. Fussell, Manager
4345 Bythal Hill Circle
Wilmington, NC 28409
and
Via email only: kaadannW(W�yahoo.com
Avendale Phase 4 HOA, Inc.
Attn: Katlin A. Laverdure, President
52 Maxwell Drive
Rocky Point, NC 28457
NORTH CAROLINA
EnWronmental Quality
Subject: Request for Additional Information regarding the Transfer Application
And Inspection Notice
State Stormwater Management Permit No. SW8 170207
Avendale Phase 4
Pender County
Dear Mr. Fussell and Ms. Laverdure:
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR)
received and accepted a signed Permit Transfer Application Form for the subject project on November 7,
2019. The current and proposed permittees have requested to transfer the permit in accordance with ISA
NCAC 02H.1045(1)(a). A preliminary in-depth review of the documentation submitted with the transfer
request determined that the application is incomplete, and that additional information is needed. To
continue the review and processing of your request, please provide the following information.
Since the transfer was submitted under NCAC 02H.I045(1)(a) and the proposed permittee did not select
the option in Section F of the application form where they agree to be the entity responsible for
addressing any compliance issues, please provide the following documentation to complete the
application and ensure compliance with the permit:
1. A copy of the certification confirming the site has been constructed in accordance with the
approved plans.;
2. For all residential subdivision projects that are developed and being transferred to the HOA/POA:
a. Verification that no lot has exceeded its maximum BUA limit;
b. Copies of the recorded plats to verify lot numbers, lot layout and drainage easement
locations.
c. Verification that more than 50% of the lots are sold;
In addition, on January 14, 2020, the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected the subject project, in Pender County to determine the status of
compliance with the State Stormwater Management Permit Number SW8 170207 issued on March 14,
2017. DEMLR file review and site inspection revealed that the site is NOT in compliance with the terms
and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection
Report" attached to this letter, which summarizes the findings of the recent inspection.
aEQj
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
ear:0-fWilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�" °�"'�"r" N. 910.796.7215

State Stormwater Permit No. SW8 170207
Page 2 of 3
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. There is sedimentation in Swale #5 that needs to be cleaned out. Also, the pipe leading to this
swale needs to be cleaned out. Re -sod or plant grass as needed in the swale.
2. There is sedimentation in Swale #6 that needs to be cleaned out. Also, the pipe leading to this
swale needs to be cleaned out. Re -sod or plant grass as needed in the swale.
3. The area at the end of Swale #7 where it enters the bypass swale #9 needs to be cleaned out
and re -planted with sod. Also, the riprap here does not have textile fabric underlayment and
may erode in the future. We recommend adding this fabric with riprap on top. Also, the pipe
under the entrance driveway (between Swale #7 and #6) needs some cleaning out, as does the
area just before the entrance of this pipe. Additional riprap may be necessary.
4. Bypass Swale #9 does not have a 15" pipe installed as shown on the plans. Please advise if
this will be left "as is" or whether there is more work to do. Has this swale been surveyed to
assure that there will be positive flow towards the wetlands?
5. There was erosion on both sides of the entrance road (nearest Swale #7). It was particularly
bad on the Swale #7 side where the slope is steeper towards the road. This needs to be
stabilized with grass.
Please be advised that, as the permittee, Avendale Development, LLC, you are required to comply with
the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North
Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the
operation and maintenance of the permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by February 3, 2020, are considered violations of the
permit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of
civil penalties of up to $25,000 per day.
All of the requested information listed above should be received in this Office by February 3, 2020, or
the application will be returned as incomplete. If additional time is needed to submit the requested
information, please email your extension request prior to this due date to the email address provided
below with a justification and a date of when the requested information will be submitted, which shall be
no later than 15 days past the original due date. Please note that only two letters requesting additional
information is allowed in the State Stormwater Program for a total of 30 days to submit the requested
additional information. The Division is allowed 90 days from the receipt of a complete application to
transfer the permit. If the information is not satisfactorily provided after either the second request or 30
days, the project will be returned. If the project is returned and you wish to re -submit later, you will need
to resubmit all required items at that time, including the application fee.
Please note that if, upon review of the submitted information or upon a deficient inspection of the project,
it is determined that a major modification to the permit is required to resolve the compliance issues, the
transfer application will be returned as incomplete. Upon the issuance of the modified permit, and the
successful completion of any work required by the modified permit and/or the restoration of the site to
design condition, the applicant will need to submit an updated transfer application and a new fee to the
Division to start the transfer process over again.
Please remember that the permittee is responsible for complying with the terms and conditions of the
permit and the approved plans and specifications until the Division approves the transfer request.

State Stormwater Permit No. SW8 170207
Page 3 of 3
Please reference the State assigned permit number on all correspondence. If you have any questions
concerning this matter, please feel free to call me at [phone] or email me at
[e-mail].
Sincerely,
s q. P
Steven G. Pusey
Environmental Engineer 11
GDS/sgp: G:\\\Stormwater\Permits & Projects\2017\170207 LD\2020 01 CEI_deficient addinfo 170207
cc: WiRO Stormwater Permit File

Compliance Inspection Report
Permit: SW8170207 Effective:03/14/17 Expiration:
Project: Avendale Phase 4
Owner: Avendale Development LLC
County: Pender
Region: Wilmington
Adress: 4000 Block Of NC 210
City/State/Zip: Hampstead NC 28443
Contact Person: John W Fussell Title:
Directions to Project:
From Hampstead, take NC 210 west approx. 5 miles site on right before the Harrisons Creek bridge.
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 - (Harrisons Creek) (03-06-23) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8060352 Avendale Development LLC - Avendale
Inspection Date: 01/14/2020 Entry Time: 01:30PM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 02:30PM
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8170207 Owner - Project Avendale Development LLC
Inspection Date: 01/14/2020 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
1. There is sedimentation in Swale #5 that needs to be cleaned out. Also the pipe leading to this swale needs to be
cleaned out. Re -sod or plant grass as needed in the swale.
2. There is sedimentation in Swale #6 that needs to be cleaned out. Also the pipe leading to this swale needs to be
cleaned out. Re -sod or plant grass as needed in the swale.
3. The area at the end of Swale #7 where it enters the bypass swale #9 needs to be cleaned out and re -planted with sod.
Also, the riprap here does not have textile fabric underlayment and may erode in the future. We recommend adding this
fabric with riprap on top. Also, the pipe under the entrance driveway, between Swale #7 and #6, needs some cleaning
out, as does the area just before the entrance of this pipe. Additional riprap may be necessary.
4. Bypass Swale #9 does not have a 15" pipe installed as shown on the plans. Please advise if this will be left "as is" or
whether there is more work to do. Has this swale been surveyed to assure that there will be positive flow towards the
wetlands?
5. There was erosion on both sides of the entrance road (nearest Swale #7). It was particularly bad on the Swale #7 side
where the slope is steeper towards the road. This needs to be stabilized with grass.
page: 2

Permit: SW8170207 Owner Project Avendale Development LLC
Inspection Date: 01/14/2020 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? 0❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ E ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ E ❑ ❑
Comment: Need a copy of the recorded deed restrictions.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? E ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑
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? 0❑ ❑ ❑
Are the inlets located per the approved plans? 0❑ ❑ ❑
Are the outlet structures located per the approved plans? 0❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: 1. Sedimentation in Swale #5 needs to be cleaned out as well as the pipe leading to it Re -sod or plant
-grass as needed.
2. Sedimentation in Swale #6 needs to be cleaned out, as well as the pipe leading to it Re -sod or plant
grass as needed.
3. Area at end of Swale #7 where it enters the bypass swale #9 needs to be re -planted with sod or
grass. Also, the riprap here does not have textile fabric underlavment. Recommend adding this fabric
with riprap on top. Also, pipe under entrance driveway needs cleaning out as does the area lust before
the entrance of this pipe. Additional riprap may be necessary.
4. Bypass Swale #9 does not have a 15' pipe installed as shown on the plans
5. There was erosion on both sides of the entrance road (nearest Swale #71It was particularly bad on
the Swale #7 side where the slope is steeper towards the road.
page: 3

Pusey, Steven
From: Pusey, Steven
Sent: Thursday, June 21, 2018 4:36 PM
To: Jimmy Fentress [e-mail]); Luke Menius
Subject: Inspection report for Avendale Phase 4
Attachments: 2018 06 CEI_deficient 170207.pdf
Please reference the attached inspection report letter.
Regards,
-Steve Pusey
Steve Pusey, El
Environmental Engineer
Division of Enemy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7334 direct
steven.ouseyOncdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
8
P0-. CNV449ro ki"QuAlwy
i mail core-espondence to and frorr, this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
(ft Before printing this email, please consider your budget and the environment.

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
June 21, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
John W. Fussell, Manager
Avendale Development, LLC
281 Elk Summitt Drive
Todd, NC 28684
Subject: Notice of Inspection — Not Compliant
Avendale Phase 4
State Stormwater Management Permit No. SW8 170207
Pender County
Dear Mr. Fussell:
On June 19, 2018, staff from the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Avendale Phase 4, located off Hwy 210 in Pender County to determine the status
of compliance with the State Stormwater Management Permit Number SW8 170207. DEMLR file review and site
inspection revealed that the site is NOT in compliance with the terms and conditions of this permit. Please find a
copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the
findings of the recent inspection.
The following actions are required to bring this project into compliance:
1. A copy of the recorded deed restrictions will need to be submitted before any lots are sold.
2. The swales and roads are under construction at this time. However, it looks like everything is in the right place.
Once the main driveway to this section off Hwy 210 is complete (estimate about 5 weeks), the access road to the
wastewater treatment plant can be removed, thus completing the swale at that end. In the meantime, it looks like
the pipe can be installed in the main swale to connect the low area (next to Raven Dr. lots) to the area downstream
where it will become a swale again and discharge to the wetlands. Currently, there is a sediment basin located at
the end of swale. This basin will need to stay in place until permanent grass is established, at which time it should
be evaluated whether or not it can be removed, or whether it should be converted to a scour hole to prevent erosion
into the wetlands.
Please be reminded that it is your responsibility as the permittee of record to submit a completed and signed Permit
Transfer Application Fonn 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:Hdeg.nc. i4ov/'about/d.ivi-,i ons/energv-mineral-land-resources/energv-mineral-Iand-rules/stonnwater-
roeram/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;
Staii of Nortlt Carolina i Environmental Quality I Energy. R91ner.: ;;nd Land Re:;ourc,..;
WI<mington Regional Office 1127 Cardina'. Drive Extension I Wilmington, NC 245°0S
410 !y6 7215

State Stormwater Permit No. SW8 170207
Page 2 of 2
Please be advised that until you submit the required Permit Transfer Application Form to the Division and receive
approval from the Division to transfer the permit, you are required to comply with the terns, conditions and
limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003
and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted
stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline
to resolve the identified deficiencies, by July 21, 2018, are considered violations of the permit. If the requested
information is not submitted to this office by the due date, then DEMLR staff will re -inspect the site and may issue
a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth
in'_ -CGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, via telephone at [phone] or
via email at [e-mail].
Sincerely,
s4?ve 57, P"
Steve G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
GDS\sgp: %Stormwater\Permits & Projects\2017\170207 LD\2018 06 CEI—deficient 170207
cc: David L. Menius, PE— Stroud Engineering t vi s,
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
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Compliance Inspection Report
Permit: SW8170207 Effective:03/14/17 Expiration:
Project: Avendale Phase 4
Owner: Avendale Development LLC
County: Pender
Region: Wilmington
Adress: 4000 Block Of NC 210
City/State/Zip: Hampstead NC 28443
Contact Person: John W Fussell Title:
Directions to Project:
From Hampstead, take NC 210 west approx. 5 miles site on right before the Harrisons Creek bridge.
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 - (Harrisons Creek) (03-06-23 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8060352 Avendale Development LLC - Avendale
Inspection Date: 06/19/2018 Entry Time: 02:00PM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 02:30PM.
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8170207 Owner - Project: Avendale Development LLC
Inspection Date: 06119/2018 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
Inspection Summary:
The following actions are required to bring this project into compliance:
1. A copy of the recorded deed restrictions will need to be submitted before any lots are sold.
2. The swales and roads are under construction at this time. However, it looks like everything is in the right place. Once
the main driveway to this section off Hwy 210 is complete (estimate about 5 weeks); the access road to the wastewater
treatment plant can be removed; thus completing the swale at that end. In the meantime; it looks like the pipe can be
installed in the main swale to connect the low area (next to Raven Dr. lots) to the area downstream where it will become
a swale again and discharge to the wetlands. Currently; there is a sediment basin located at the end of swale. This
basin will need to stay in place until permanent grass is established, at which time it should be evaluated whether or not
it can be removed, or whether it should be converted to a scour hole to prevent erosion into the wetlands.
File Review Yes No NA NE
Is the permit active? 2 ❑ ❑ ❑
Signed copy of the Engineers certification is in the file? ❑ ❑ ❑ Q
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ N ❑ ❑
Comment: A copy of the recorded deed restrictions will need to be submitted before any lots are sold for Phase 4.
SW Measures
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?
Yes No NA NE
❑ ❑ ❑ ❑
Comment: The swales and roads are under construction at this time. However. it looks like evervthina is in the
❑ ❑ ❑
right place. Once the main driveway to this section off Hwy 210 is complete (estimate about 5 weeks),
the access road to the wastewater treatment plant can be removed, thus completinq the swale at that
end. In the meantime, it looks like the pipe can be installed in the main swale to connect the low area
(next to Raven Dr. lots) to the area downstream where it will become a swale again and discharge to the
wetlands. Currently, there is a sediment basin located at the end of swale. This basin will need to stay
in place until permanent grass is established, at which time it should be evaluated whether or not it can
be removed, or whether it should be converted to a scour hole to prevent erosion into the wetlands.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ LJ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Phase 4 is still under construction.
page: 2

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
December 4, 2017
John W. Fussell, Managd-r
Avendale Development, LLC
281 Elk Summitt Drive
Todd, NC 28684
Subject: Notice of Inspection — Not Compliant
Avendale Subdivision Phase 4
State Stormwater Management Permit No. SW8 170207
Pender County
Dear Mr. Fussell:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On March 14, 2017, Phase 4 of Avendale Subdivision was broken out of previous permit SW8 060352,
issued on September 13, 2006, and re -issued under new permit SW8 170207.
On May 16, 2017, staff from the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Avendale Subdivision, located in Pender County to determine the
status of compliance with the State Stormwater Management Permit Number SW8 170207. DENlLR file
review and site inspection revealed that Phase 4 had an additional deficiency, not mentioned in the
previous inspection. In summary, the findings of this inspection were:
1. All swales are unstable and need grass planted.
2. Swale 2 had sedimentation possibly into the wetlands and needs more control measures.
3. Swale 3 had severe erosion at the end of the swale that needs repair.
4. Swale 4 had a large amount of sedimentation at end next to the silt fence, which needs repair.
Note that these deficiencies are being addressed by our Erosion Control staff since it is currently under
construction.
As indicated in the inspection report for stormwater, the following deficiencies were noted:
The Swale shown on the plans from the back corner of Lot 46 (adjacent Hwy 210) to the back of Lot
53, including an existing section of 15" corrugated plastic pipe, approx. 45' in length, is not built in
accordance with the plans. It appears that the pipe is installed at a higher elevation than shown on
the plans. This results in storm water flooding in the swale along Hwy. 210. The rising water goes
into the adjacent property owners' yards at the end of Raven Drive, where we have received many
complaints.
On November 8, 2017, staff from the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Avendale Subdivision Phase 4 again to determine the status of
compliance with the State Stormwater Management Permit Number SW8 170207. DEMLR file review
and site inspection revealed that the site is still NOT in compliance with the terms and conditions of this
permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to
this letter, which summarizes the findings of the recent inspection.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I ANilmington, NC 28405
910 796 7215

State Stonnwate.r Permit No. SW8 1702C-
Page 2 of 2
As indicated in the attached inspection report, the deficiency from the previous stormwater
inspection report of May 16, 2017 has not been addressed. A further clarification has been added,
as described below: .
The temporary access driveway (to the wastewater treatment plant) needs to be closed once a new
access is available. At that time, the culvert pipe under the driveway needs to be re -installed at a
lower elevation and/or removed and a swale section constructed to match up with the swale
downstream. The water should flow away from the low area behind the lots adjacent Hwy 210 and
go through the swale towards the wetland area.
Please be advised that until you submit the required Permit Transfer Application Form to the Division and
receive approval from the Division to transfer the permit, you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation
and maintenance of the permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by December 22, 2017, are considered violations of the
permit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of
civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at [e-mail].
Sincerely,
Steve G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
GDS\sgp: %Stormwater\Permits & Proj ects\2017\1 70207 HD\2017 11 CEI—deficient 170207
cc: David L. Menius, PE — Stroud Engineering, PA
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
Statc of North Carolina I Environmental Quality I Energy. Mineral xrnd Land Resources
Wilmington Regional Office 1127 Cardinal drive Extension I Wilmington, NC 28405
910 796 7215

Compliance Inspection Report
Permit: SW8170207 Effective:03/14/17 Expiration:
Project: Avendale Phase 4
Owner: Avendale Development LLC
County: Pender
Region: Wilmington
Adress: 4000 Block Of NC 210
City/State/Zip: Hampstead NC 28443
Contact Person: John W Fussell Title:
Directions to Project:
From Hampstead, take NC 210 west approx. 5 miles site on right before the Harrisons Creek bridge.
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 - (Harrisons Creek) (03-06-23) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8060352 Avendale Development LLC Avendale
Inspection Date: 11/08/2017 Entry Time: 01:OOPM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 01:30PM
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit: 5W8170207 Owner . Project: Averidale Development LLC
Inspection Date: 11/08/2017 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
As previously stated In the inspection of 5/16/2017:
The swale shown on the plans from the back corner of Lot 46 (adjacent Hwy 210) to the back of Lot 53, including an
existing section of 15" corrugated plastic pipe (under the temporary access driveway), approx. 45' in length, is not built in
accordance with the plans. It appears that the pipe is installed at a higher elevation than shown on the plans. This
results in storm water flooding in the swale along Hwy. 210. The rising water goes into the adjacent property owners'
yards at the end of Raven Drive, where we have received many complaints.
The temporary access driveway (to the wastewater treatment plant) needs to be closed once a new access is available.
At that time; the culvert pipe under the driveway needs to be re -installed at a lower elevation and/or removed and a swale
section constructed to match up with the Swale downstream. The water should flow away from the low area behind the
lots adjacent Hwy 210 and go through the swale towards the wetland area.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? IN
Are the inlets located per the approved plans? El MI
Are the outlet structures located per the approved plans?
Comment: Proiect incomplete at this time
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? El 9 El El
Comment: The temporary access driveway (to the wastewater treatment plant) needs to be closed once a new
access is available. At that time, the culvert pipe under the driveway needs to be re -installed at a lower
elevation and/or removed and a swale section constructed to match up with the swale downstream. The
water should flow away from the low area behind the lots adjacent Hwy 210 and go through the swale
towards the wetland area.
page: 2

N.'r-110.
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
May 18, 2017
John W. Fussell, Manager
Avendale Development, LLC
t � 1405 Elk Summitt Drive
Todd, NC 28684
Subject: Notice of Inspection — Non -Compliant
Avendale Subdivision Phase 4
State Stormwater Management Permit No. SW8 1.70207
Pender County
Dear Mr. Fussell:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On March 14, 2017, Phase 4 of Avendale Subdivision was broken out of previous permit SW8 060352,
issued on September 13, 2006, and re -issued under new permit SW8 170207.
On May 16, 2017, staff from the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Avendale Subdivision, located in Pender County to determine the
status of compliance with the State Stormwater Management Permit Number SW8 170207. DEMLR file
review and site inspection revealed that Phase 4 had an additional deficiency, not mentioned in the
previous inspection. Please find a copy of the completed form entitled "Compliance Inspection Report"
attached to this letter, which summarizes the findings of this recent inspection.
For your reference, the previous deficiencies are listed below:
1. All swales are unstable and need grass planted.
2. Swale 2 had sedimentation possibly into the wetlands and needs more control measures.
3. Swale 3 had severe erosion at the end of the Swale that needs repair.
4. Swale 4 had a large amount of sedimentation at end next to the silt fence, which needs repair.
Note that these deficiencies are being addressed by our Erosion Control staff since it is currently under
construction.
As indicated in the attached inspection report, the following deficiency must be resolved
immediately.
1. The swale shown on the plans from the back corner of Lot 46 (adjacent Hwy 210) to the
back of Lot 53, including an existing section of 15" corrugated plastic pipe, approx. 45' in
length, is not built in accordance with the plans. It appears that the pipe is installed at a
higher elevation than shown on the plans. This results in storm water flooding in the swale
along Hwy. 210. The rising water goes into the adjacent property owners' yards at the end
of Raven Drive, where we have received many complaints.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wiimington Regional Office 1 127 Cardinal Drive Extension I Mmington, NC 28405
910 796 7215

State Stormwater Permit No. SW8 170207
Page 2 of 2
Failure to provide the requested infOrtnation, or to respond to this letter with a plan of action, including a
timeline to resolve the identif ied deficiencies, by June 16, 2017, are considered violations of the permit.
]f the requested information is not submitted to this office by the due date, then DEMLR staff will re-
inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found
to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is
subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil
penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7334 or via email at [e-mail].
Sincerely,
Steve G.Pusey
Environmental Engineer
Enc: Compliance Inspection Report
GDS\sgp: \\\Stormwater\Permits & Projects\2017\170207 LD\2017 05 CEI deficient 170207
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
State of North Carolina I Environmental Quality 1 Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
910 i96 7215

Compliance Inspection Report
Permit: SW8170207 Effective:03/14117 Expiration:
Project: Avendale Phase 4
Owner: Avendale Development LLC
County: Pander
Region: Wilmington
Adress: 4000 Block Of NC 210
City/State/Zip: Hampstead NC 28443
Contact Person: John W Fussell Title:
Directions to Project:
From Hampstead, take NC 210 west approx. 5 miles site on right before the Harrisons Creek bridge.
Type of Project: State Stormwater - LID - Curb and Gutter
Drain Areas: 1 - (Harrisons Creek) (03-06-23) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8060352 Avendale Development LLC -Avendale
Inspection Date: 05116/2017 Entry Time: 10:30AM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
l
Facility Status: El Compliant erNot Compliant
Question Areas:
® State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 11:00AM
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8170207 Owner • Project: Avendale Development LLC
Inspection Date: 0511612017 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
In order to bring this project into compliance, the following deficiencies must be corrected.
1. The swale shown on the plans from the back corner of Lot 46 (adjacent Hwy 210) to the back of Lot 53, including an
existing section of 15" corrugated plastic pipe, approx. 45' in length, is not built in accordance with the plans. It appears
that the pipe is installed at a higher elevation than shown on the plans. This results In storm water flooding in the swale
along Hwy. 210. The rising water goes into the adjacent property owners' yards at the end of Raven Drive, where we
have received many complaints.
This swale needs to be constructed in accordance with the plans.
2. The swale is not being maintained properly, especially on the north side of the temporary access drive for the
wastewater plant, where the runoff is supposed to be discharged to the wetlands. The swale just ends and it appears
that it holds water until it evaporates.
The swale needs to be planted with grass and maintained at a height no greater than 6".
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? ❑ ❑ ❑ IT
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? ❑ ® 1111
Are the outlet structures located per the approved plans? ❑ N 1111
Comment: The swale shown on the plans from the back corner of Lot 46 (adiacent Hwy 210) to the back of Lot 53,
including an existing section of 15" corrugated plastic pipe approx. 45' in length is not built in
accordance with the plans It appears that the pipe is installed at a higher elevation than shown on the
plans This results in storm water flooding in the swale along HwV. 210. The rising water goes into the
adiacent property owners' Yards at the end of Raven Drive where we have received many complaints.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: The swale is not being maintained properly especially on the north side of the temporary access drive
for the wastewater plant This is where the runoff is supposed to be discharged to the wetlands. The
swale just ends and it appears that it Oust holds water until it evaporates.
page: 2

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
March 23, 2017
John W. Fussell, Manager
Avendale Development, LLC
405 Elk Summitt Drive
Todd, NC 28684
Subject: Notice of Inspection
Avendale Subdivision Phase 1-3 & Phase 4
State Stormwater Management Permit No. SW8 060352
Pender County
Dear Mr. Fussell:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
TRACY.DAVIS
Director
On March 9, 2017, staff from the Wilmington Regional Office of the Division of Energy, Mineral and.
Land Resources (DEMLR) inspected Avendale Subdivision, located in Pender County to determine the
status of compliance with the State. Stormwater Management Permit Number SW8 060352 issued on
September 13, 2006 and as modified thereafter. DEMLR file review and site inspection revealed that
Phase 4 of this permit had deficiencies. All currently constructed swales in Phase 4, Swale 4s 1 - 4, have
erosion and sedimentation issues, as per the following.-
1 - All swales are unstable and need grass planted.
2. Swale 2 had sedimentation possibly into the wetlands and needs more control measures.
3. Swale 3 had severe erosion at the end of the swale that needs repair.
4. Swale 4 had a large amount of sedimentation at end next to the silt fence, which needs repair.
On March 14, 2017, Phase 4 was broken out of this..permit and issued under a new permit, reference no.
SW8 170207. Therefore, while under construction, staff from Erosion Control will follow up on these
issues to ensure they are being addressed.
Per the recent modification of March 15, 2017, phases 1-3 have been left under this permit. These phases
were deemed compliant in our previous inspection report dated February 10, 2016. Due to the time that
has passed since then, please be advised that a new inspection will be required before this permit can be
transferred to another entity.
Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter,
which summarizes the findings of the recent inspection.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7334 or via email at [e-mail].
Sincerely,
<40::�/
Steve G. Pusey
Environmental Engineer
Enc: Compliance Inspection Report
GDS\sgp: \\\Stormwater\Permits & Projects\2006\060352 HD\2017 03 CEI compliant 060352
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
State of North Carolina I Environmental Quality 1 Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Witnungton. NC 28405
910 796 77.15

Compliance Inspection Report
Permit: SW8060352 Effective:04/17/15 Expiration: 09/13/20
Project:
Avendale
Owner:
Avendale Development LLC
County:
Pender
Region:
Wilmington
Adress: 4000 Block Of NC 210
City/State/Zip: Hampstead NC 28443
Contact Person: John W Fussell Title: Phone: [phone]
Directions to Project:
From Hampstead, take NC210 west approx. 5 miles site on right before Harrisons Creek Bridge.
Type of Project: State Stormwater - LD - Curb and Gutter State Stormwater - HD - Detention Pond
Drain Areas: 3 - (Harrisons Creek) (03-06-23) ( C;Sw)
A - (Harrisons Creek) (03-06-23) ( C;Sw)
B - (Harrisons Creek) (03-06-23) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8170207 Avendale Development LLC - Avendale Phase 4
Inspection Date: 03/09/2017 Entry Time: 01:OOPM Exit Time: 02:OOPM
Primary Inspector: Steven G Pusey
Secondary Inspector(s):
Phone:
Reason for Inspection: Other Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: Compliant ❑ Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
page: 1

Permit: SW8060352 Owner - Project: Avendale Development LLC
Inspection Date: 03/09/2017 Inspection Type Compliance Evaluation Reason for Visit: Other
Inspection Summary:
This inspection was conducted in order to make changes to this permit by breaking out Phase 4 into a separate permit,
reference SW8 170207. The comments in this inspection relate to the new Phase 4 section which was previously
included in this permit.
All currently constructed swales in new Phase 4, Swale #s 1 - 4, have erosion and sedimentation issues that need to be
addressed. All swales are unstable and need grass planted. Swale 2 had sedimentation possibly into the wetlands and
needs more control measures. Swale 3 had severe erosion at the end of the swale that needs repair. Swale 4 had a
large amount of sedimentation at the end next to the silt fence which needs to be fixed.
Staff from Erosion Control will follow up to ensure these issues are being handled appropriately.
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? F ❑ ❑ ❑
Comment: Not all of the swales in Phase 4 are constructed at this time.
Operation and Maintenance • Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ E ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: All currently constructed swales in new Phase 4 Swale #s 1 - 4 have erosion and sedimentation
issues that need to be addressed.
page: 2