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HomeMy WebLinkAboutSW8070544_Historical File_20160314PAT MCCRORY Governor DONALD R. VAN DER VAART Energy, Mineral and LandResources ENVIRONMENTAL QUALITY March 14, 2016 David Cuthbertson, Manager Waterway Cove Partners, LLC 2627 Brekonridge Centre Dr. Monroe, NC 28110 Subject: Approved Plan Revision / Notice of Inspection — Not Compliant Waterway Cove State Stormwater Management Permit No. SW8 070544 Brunswick County Dear Mr. Cuthbertson: secrewy TRACY DAVIS Direaor 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 (DEMUR). 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. Plan Revision On January 26, 2016, the Wilmington Regional Office received a request to revise the approved plans for Stormwater Management Permit Number SW8 070544. The revisions include changes to the site layout for Phase 3 Section 2, increasing the number of lots to 157, and re -allocating the built -upon area as follows: Infiltration Basin 1 Infiltration Basin 2 Total Onsite Buildings 370,587 207422 578,009 Onsite Streets/Parking 180,904 85057 265,961 Onsite Sidewalks 56,446 37424 93,870 Amenity Center 18,861 0 18,861 Other Onsite 5,166 5000 10,166 Future 3,000 3000 6,000 Offsite 36,492 286610 323,102 Total 671,456 624,513 1,295,969 It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for your files. Please add the attached plans to the . previously approved plan set. Please be aware that all terms and conditions of the permit modified and re -issued on March 31, 2010 and subsequently transferred and revised on August 8, 2014, remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater project is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wihnington, NC 29405. 910 796 7215 T 1910 350 2004 F I btto://nortal.ncdenr.or¢lweb/lr/ State Stormwater Permit No. SW8 070544 Page 2 of 2 Notice of Inspection On March 14, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a file review of Waterway Cove, located at 1611 Waterway Drive SW in Ocean Isle Beach, Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 070544 issued on March 31, 2010, transferred and revised on August 8, 2014, and revised again as noted above. DEMLR file review 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. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Per Condition 11.21, please submit a copy of the recorded declaration of protective covenants, restrictions, easements, charges and liens for Waterway Cove. The version provided on March 2, 2010 was an unrecorded draft version. 2. Condition II.17 requires semi-annual reports to be submitted by June 15th and December 15th. A review of the file revealed that semi-annual have not been submitted since December 2010. . Please submit all past semi-annual reports and please remember to submit them in the future. In addition to the noted deficiencies, please keep the following permit conditions in mind: 3. Upon review of aerial photos available online, it appears that the changes approved as part of the plan revision dated August 6, 2014 have not been implemented yet. Please remember that per Condition II.9 any changes to the approved plans must be submitted to the Division for approval. 4. A partial certification for Phase I A was submitted on October 8, 2010. Please remember that per Condition 11.13, upon completion of the construction, a designer's certification must be submitted. Please be advised that until you submit the required Name/Ownership Change 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 April 15, 2016, 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 christine.hall@ncdenr.gov. Sincerely, ,�. Uk Christine Hall Environmental Engineer Enc: Compliance Inspection Repurt ? �GDS\canh: \\\Stormwater\Permits & Projects\2007\070544 HD\2016 03 permit_pr CEI_deficient 070544 �1,"' cc: Tim Clinkscales, Paramounte Engineering, Inc. Georgette. Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 T 1 910 350 2004 F I http'//t)ortal.ncdonr.org/Weblir/ DEMLR. USE ONLY ate Re Fee Paid only) Permit Number State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Stormwater Management Permit Number: SW8 0705" MOD 2. Project Name: Waterway Cove 3. Permit Holder's name (specify the name of the corporation, individual, etc.): Waterway Cove Partners, LLC 4. 1^int OwneVSiK inglC`fficial's name and title (person legally rggponsible for permit): 5. Mailing Address for person listed in item 2 above: 2627 Brekonridge Centre Drive City:Monroe State:NC Zip:28110 Phone: ( 704 ) 774-1964 _ Fax: 704 774-1 , Email: � II. PLAN REVISION INFORMATION JAN262016' 1. Summarize the plan revision proposed (attach additional pages if needed): BY. Revised number of lots and reallocation of impervious areas. III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the DEMLR Office that issued the permit. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. tials • Original & 1 copy of the Plan Revision Application Form E ■ Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) TE If applyin for or Express review (only available in 20 coastal counties): • Application fee of $500.00 (made payable to NCDENR) Aff� VI. APPLICANT'S CERTIFICATION l 1, (print or type name o erson listed i eral Inj'ormation, item 311 t�,�►1 certifythat I have r th e n rev ons and that the information included on this plan revision application is, e�"'1' kno le , correct and complete. Date: ! —,�? n Plan Revision Form Rev. Oct. 31, 2013 Compliance Inspection Report Permit: SW8070544 Effective:08/08/14 Expiration: 07/03/21 Project: Waterway Cove Owner: Waterway Cove Partners LLC County: Brunswick Adress: 1611 Waterway Dr Sw Region: Wilmington City/State/Zip: Ocean Isle Beach NC 28469 Contact Person: David Cuthbertson Title: Manager Phone: 704-774-1964 Directions to Project: From intersection of NC 179 and NC 904. travel west approx. 0.75 miles to intersection of Waterway Dr & NC179/904. The project is located at SE comer of this intersection. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (Intracoastal Waterway) (03-07-59 ) ( SA;HQW) 2 - (Intracoastal Waterway) (D3-07-59 ) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date:. 03/14/2016 Entry Time: 02:20PM Primary Inspector. Christine A Hall Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: EN State Stormwater (See attachment summary) Exit Time: 02:45PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SW8070544 Owner - Project: Waterway Cove Partners LLC Inspection Date: 03/14/2016 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: In order to correct these deficiencies please submit the following: - Per Condition 11.21, please submit a copy of the recorded declaration of protective covenants, restrictions, easements, charges and liens for Waterway Cove. The version provided on March 2, 2010 was a unrecorded draft version. - Per Condition 11.17, please submit all past semi-annual reports and please remember to submit them going forward. 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: A partial certification for Phase 1A was submitted on October 8, 2010. Please remember that per Condition 11 13 upon completion of the construction a designer's certification must be submitted. - A copy of the recorded deed restrictions could not be found in the file. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ F Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ a Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment: Upon review of aerial photos available online it appears that the Changes approved as part of the plan revision dated August 6 2014 have not been implemented vet Please remember that per Condition 11.9 any changes to the approved plans must be submitted to the Division for approval. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ ❑ Comment: Condition II 17 requires semi-annual reports to be submitted by June 15th and December 15th. A review of the file revealed that semi-annual have not been submitted since December 2010. page: 2 Casmer, Jo From: Casmer, Jo Sent: Tuesday, February 02, 2016 12:37 PM To: tclinkscales Subject: Waterway Cove, Stormwater Permit SW8 0705" The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section) received the Stormwater Permit Plan Revision application on January 26, 2016. The project has been assigned to Christine Hall and you will be notified if additional information is needed. Since we do not have an email address for the applicant, we ask you notify them on this status. Jo Casmer Administrative Assistant for DEMLR/Stormwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax 0o.casmer*-ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 -- Notes Compares-.. - ,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Completeness Review Checklist Project Name: �� �rL (( 3 Received Date: Project Location: Accepted Date: crv�-2�?�ciG Rule(s) ®2008 Coastal M1995 Coastal11 Phase II (WiRO.) ®Universal 111988 Coastal Type of Permit: New or Mod o PR I Existing Permit # (Mod or PR): D -706- ' 7PE Cert on File? Density: HD or LD I Type: Commercial or Residential ®NCG: %: M(% OK?) Stream Class: MSA Map r70ffsite to SW8 (Subdivided?: Subdivision or Single Lot 11 IORW Map I "Exempt Paperwork Emailed Engineer on: ®Supplement(s) (1 original per BMP) BMP Type(s): DO&M with correct/original signatures (1 original per BMP except LS/VFS and swales) MA-51"p, lication with correct/original signatures Li Deed ®Corp or LLC: Sig. Auth. per SoS or letter ®Email Address: Design Engineer , $505 (within 6mo) ®Email Address: Owner ®Soils Report with SHWT (a.Fs Note to it eviewen IF—ICalculations (signed/sealed) — lKCc (Loco (\V� 6 LJLA Rlo obvious errors 5LCF-44 Density includes common areas, etc — lo{- Deed Restrictions, if subdivided: igned & Notarized or Plans 2 Sets MDetaiis (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)� t Grading Wetlands: Delineated or No Wetlands "Vicinity Map Layout (proposed BUA dimensions) Legend ODA Maps ®Project Boundaries Infiltration Wet Pond Offsite Soils Report LJSoils Report ®PE Cert for Master Lot #: SHWT: SHWT: ®Deed Rest for Master ®Lot # Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Proposed: PARAMOUNTE E N G I IV E E R I N G, I " C, 5 9 1 1 1 OLEANDER DRIVE, SUITE 2 0 1 W I L M I N G T O N, N C 2 S 4 0 3 9 1 0- 7 9 1- 6 7 0 7 ( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T E R O F T R A N S M I T T A I. To: NCDENR-Land Quality Section Date 01/26/16 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Waterway Cove Phase 3 Section 2 Plan Revisions ATTN: Chris Baker Project No. T15390.PE e are se n ® Originals ® Prints ❑ Shop Drawings ❑ Calculations ❑ Correspondence ® Plans ❑ Specifications ® Other as listed below he following items: Quantity Date Dwg. No. Description 2 Plans (24x26) 1 Stormwater Narrative 2 Stormwater Permit Plan Revision Application (1 original, 1 copy) ssue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks kkction Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other emarks: ar: RECEIVE' D im. 2 6 2016 Corporations Division Page 1 of 2 Click Here To: View Document Filings File an Annual Report Print a Pre -Populated Annual Report form Amend a Previous Annual Report Corporate names Legal: Waterway Cove Partners, LLC Limited Liability Company Information Sosld: 1322455 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 6/11/2013 Fiscal Month: December State of Incorporation: Registered Agent: Hinson, Wesley S. Corporate Addresses Mailing: 2649 Brekonridge Centre Drive Monroe, NC 28110-5629 Principal Office 2649 Brekonridge Centre Drive Monroe, NC 28110-5629 Reg Office: 309 Post Office Drive Indian Trail, NC 28079-7671 Reg Mailings 309 Post Office Drive Indian Trail, NC 28079-7671 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager: David Cuthbertson 2649 Breckonridge Centre Drive onroe NC 28110 Member: David Cut -67 Ison 2649 Breckonridge Centre Drive Monroe NC 28110 Member: Griffin Asset Management, LLC PO Box 1699 Monroe NC 28111-1699 Manager: http://www.secretary.state.nc.us/Search/profcorp/10271874 1/29/201 G Corporations Division Page 2 of 2 Chnstopher Grissom PO Box 1699 Monroe NC 28111-1699 http://www.secretary.state.nc-us/Search/profcorp/1 0271874 1 /29/201 G Waterway Cove Phase 3 Section 2 Brunswick County, North Carolina STORMWATER MODIFICATION NARRATIVE Prepared for: Waterway Cove Partners LLC 2627 Brekonridge Centre Drive Monroe, NC 28110 Prepared by: JAN 2 6 2016 BY: PAa,AM(DUNTE B N G 1 " E H F2 1 N G, 1 " C, 5911 Oleander Drive, Suite 201 Wilmington, NC 28403 Project #15390.PE January 2016 Waterway Cove Phase 3 Section 2 Stormwater Modification Narrative January 2016 Project Narrative: Waterway Cove Partners, LLC is modifying the existing permit by slightly shifting some of the roads in the lower portion of the development and revising some of the lot layouts in the area. As shown in the table below, the impervious areas have been reallocated based on the lot layout being modified from 147 lots to 154 lots. The overall impervious area has not been changed from the approved permit. The drainage patterns that existed in the approved permit are the same, and therefore the current BMP's are sized for the modification. All other permits are already in place. Waterway Permit Plan Revision Plan Revision 2016 Cove 3/31/10 6/17/14 (154 Lots) (205 Lots) (147 Lots) Total Total Infiltration Infiltration Total Basin 1 Basin 2 Onsite 574,000 574,000 370587 207422 578009 Buildings Onsite 255046 254600 180904 85057 265961 Streets/Parking Onsite 108360 87148 56446 37424 93870 Sidewalks Amenity 18861 18861 18861 0 18861 Center Other Onsite 10166 10166 5166 5000 10166 Future 1 6434 25000 3000 3000 6000 Offsite 323102 323102 36492 286610 323102 Total 1,295,969 1,292,877 671,456 624,513 1,295,969