NCC193005_Emails RE Status of ESC Plan with ARO_20230201

Georgoulias, Bethany
From: Smith, Mike M
Sent: Wednesday, February 1, 2023 10:59 AM
To: Michael Brown
Cc: Christiansen, Laura N; Georgoulias, Bethany; Clark, Paul; Aiken, Stan E; Granger, T.
Mack
Subject: FW: [External] Re: Notice of Deficiency: Unpaid Permit Fee for NCC193005 - Notice of
Termination needed
Attachments: Inspection Report 1-4-22.pdf
Mr. Brown,
For open erosion control permits, if any information including the property ownership, or if the Financially Responsible
Party changes, a revised original, signed, and notarized Financial Responsibility/Ownership Form (FRO) must be
submitted.
For information regarding revising the plans or the Financial Responsibility/Ownership form(s), it is highly recommended
that you contact the engineer of record for this/these site(s). The engineering professional can be very helpful in sorting
out the sites, completing the required revised plans (if necessary), completing any supporting documents and forms
(including the FRO), obtaining the deeds and, if necessary, assist in updating the NPDES Construction Stormwater Permit
information (NCG010000). Additionally, the engineer of record may be helpful in questions regarding closing out the
erosion and sediment control permit.
Revised FROs must be the original, signed and notarized copy showing the new property owner listed on Part A, Line 9,
Landowner(s) of Record. A copy of the deed showing the new property as listed on the FRO must accompany the
revision submittal.
If the financially responsible party changes on FRO as listed on Part B, Line 1, this information must be shown on the
form. The entity/company or individual who is shown on this section of the form is responsible for the site and will
receive all correspondence or notices.
If the disturbed acreage changes on the original plan, it may be necessary to submit a revised plan set showing the
current state of the site(s).
Unpermitted sites require that an approvable erosion and sediment control plan and fees be submitted to this office 30
days prior to the commencement of construction activities on the site.
Again, it is highly recommended that an engineering professional be consulted.
Also, I have attached the inspection report from 1/4/2022 is attached. This inspection was conducted in response to the
request for closeout last year.
We have received no additional information for this site since the receiving the original plan submittal on October 3,
2019.
Please contact me with further correspondence,
From: Christiansen, Laura N
Sent: Wednesday, February 01, 2023 10:11 AM

Division of Energy, Mineral and Land Resources
County: Burke Project: The Oaks on Lake Drive River basin: Catawba
Person financially responsible Oaks at Hunters Ridge, LLC - Michael Brown
Address: 5670 Anchor Drive, Granite Falls, NC 28630
1. Project location: Lake Drive & South Road, Morgz
Pictures: No: ❑ Yes: ❑✓ Video: ❑ Digital: ❑✓
2. Weather and soil conditions: Sunny, Dry
3.a. Has NCGO1 Certificate of Coverage been issued at time of inspection? Yes: ❑✓
3.b. NCG01 Certificate of Coverage onsite? Yes: 0 No: ❑ Not Applicable: ❑
4. Is site currently under notice of violation? Yes: ❑ No: ❑✓
Project # BURKE-2020-004
Case #
First inspection: Yes: ❑ No: 0
No: ❑
5. Is the site in compliance with S.P.C.A. and rules? Yes: ❑ No: ✓❑ If no, check violations below:
6. Violations:
❑
a. No approved plan, G.S. 113A-57 (4) and 15A N.C.A.0 4B.0107(c)
❑
g. Inadequate buffer zone, G.S. 113A-57(1)
❑
b. Failure to follow approved plan, G.S. 113A-57(5)
❑
h. Graded slopes and fills too steep,
0
c. Failure to submit revised plan, G.S. 113A-54.1(b) and
G.S. 113A-57(2) or 15A N.C.A.C. 4B.0124(e)
15A N.C.A.C. 413.0118(a)
❑
i. Unprotected exposed slopes, G.S. I I3A-57(2)
❑
d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
❑
j. Failure to install and maintain measures,
15A N.C.A.C. 4B.0107(b)
15A N.C.A.C. 413.0113
❑
k. Failure to self -inspect G.S. 113A-54.1(e) and
❑
e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
15A N.C.A.C. 413.0131
❑
f. Failure to take measures to protect property, 15A N.C.A.C. 4B.0105
❑
1. Other (describe)
7. Is the site in compliance with NPDES Permit NCG 010000? Yes: ❑ No: 0 Not Applicable: ❑ If no, check violations below:
❑ m. Discharge without a permit, G.S. 143-215.1(a) and ❑ r. Failure to install and maintain BMP's,
15A N.C.A.C. 02H .0126 NCG 010000 Part II, G.2-3
0 n. Failure to develop or adhere to approved plan, ❑ s. Failure to dewater sediment basin from surface,
NCG 010000, Part I NCG 010000, Part II, B.8 or GA
❑ o. Failure to manage construction site pollutants, NCG 010000 Part II, F ❑ t. Bypass of stormwater control facilities,
❑ p. Failure to provide ground stabilization, NCG 010000 Part II, E NCG 010000, Part II, G.5-6
❑ q. Failure to meet self -inspection, reporting and record -keeping ❑ u. Other (describe)
requirements, NCG 010000, Part III
8. Site out of compliance with NOV deadline? Yes: ❑ No: ❑ Not Applicable: 0
9. Has sedimentation damage occurred since last inspection or at I't inspection? Yes: ❑ If yes, where? (check all that apply) No: 0
Lake/natural watercourse on the tract: ❑ Lake/natural watercourse off the tract: ❑ Other property: ❑
Description:
Stormwater Discharge Outfall with sediment loss:
Degree of damage: slight: ❑ moderate : ❑ severe: ❑
10. Contact made with (name): N/A Title:
Inspection report given: ❑ or sent: 0 to person financially responsible. Date given/sent: 1 /10/22
11. Corrective actions needed:
Inspection performed per request for closeout. At the time of inspection, several Lots were under
development. Project manager Michael Brown indicated that the Lots have been sold. Submit updated FRO(s) showing
appropriate ownership, and revise E&S plans as needed for all active Lots.
Report by: Mack Granger Others present:
Date of inspection: 1/4/22 Time arriving on site: 11:45 AM Time leaving site: 12:15 PM
ec• Page 1 of 3
Revised 06222020

County: Burke Project:
Division of Energy, Mineral and Land Resources
The Oaks on Lake Drive Project # BURKE-2020-004
11. Corrective actions needed (continued)
❑ Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed.
❑ Install all sedimentation and erosion control measures as shown on the approved plan.
❑✓ Submit a revised sedimentation and erosion control plan for approval for the following areas:
Revised FROs for active/sold Lots
❑ Provide adequate permanent ground cover on all areas where development has been completed according to the time limits in the
approved plan, including the following areas:
❑ Install erosion and sediment control devices sufficient to retain sediment on the tract at the following areas:
❑ Install temporary sediment traps or basins and associated diversions as shown on the approved plan, including the following locations:
❑ Install adequate drop inlet protection as shown on the approved plan, including the following locations:
❑ Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation within the 25 % of the buffer nearer the land
disturbance using natural or artificial means (minimum 25-foot width in Trout Waters) including the following areas:
❑ Reduce the angle of graded slopes to an angle on which vegetative ground cover may be established including the following locations:
❑ For disturbed areas less than one acre, provide adequate temporary or permanent ground cover on all graded slopes where rough or fine
grading has been completed for 21 calendar days, including the following locations:
❑ Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation
damage including the following locations
❑ Inspect site and document self -inspections during or after each phase of the plan.
❑ Obtain NCGO10000 Certificate of Coverage as required.
❑ Properly handle concrete to avoid contact with surface waters, wetlands or buffers and prevent discharge from site.
❑ Relocate soil stockpiles at least 50 feet away from storm drain inlets or surface waters.
❑ Provide adequate temporary or permanent ground cover on areas where land -disturbing activity has ceased in 7 or 14 days according to
NCG 01000 permit conditions at the following areas:
❑ Provide and dewater sediment basins with a drainage area of one acre or greater with a skimmer or flashboard riser.
❑ Route the flow of stormwater from the following location(s) into a control facility or measure:
❑ Inspect all erosion and sedimentation control measures and storm discharge outfalls at least weekly and within 24 hours of a rainfall
event of 1.0 inch or greater and complete self -monitoring reports.
❑ Maintain a rain gauge in good working order and record daily rainfall amounts.
12. Comments:
Report by: Mack Granger
Date of inspection: 1/4/22 Page 2 of 3
Revised 06222020

County: Burke Project:
Division of Energy, Mineral and Land Resources
The Oaks on Lake Drive Project # BURKE-2020-004
Check only one box, ii closing out project.
❑ Permanent ground cover sufficient to restrain erosion has been established. No additional self -inspection or monitoring is required. Project is
released and coverage under the NPDES General Stormwater Permit for Construction Activities is terminated.
nPermanent ground cover sufficient to restrain erosion has been established. No additional self -inspection or monitoring is required and the
project is released under the SPCA. If this project has a Certificate of Coverage (COC) under the NCGO1 permit, then complete the electronic
Notice of Termination (eNOT) form at deq.nc.gov/NCGO1.
Report by: Mack Granger Date of inspection: 1/4/22 Page 3 of 3
Revised 06222020

To: Smith, Mike M <[e-mail]>
Subject: FW: [External] Re: Notice of Deficiency: Unpaid Permit Fee for NCC193005 - Notice of Termination needed
From: Michael Brown <[e-mail]>
Sent: Wednesday, February 1, 2023 7:56 AM
To: Clark, Paul <[e-mail]>; Christiansen, Laura N <[e-mail]>
Subject: Re: [External] Re: Notice of Deficiency: Unpaid Permit Fee for NCC193005 - Notice of Termination needed
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Laura,
Could you please help us with closing out this project - COC No. NCC193005? You can reference
the emails at the bottom between Bethany and me regarding this issue. The Oaks at Hunters
Ridge was dissolved in 2021 and does not own any lots there or anywhere.
communicated all of this to someone at the Asheville office over a year
ago and thought everything had been taken care of. I can't recall who it
was, but I sent documentation, yet I didn't follow up. We no longer own
any of the lots and have no control over what the current owners of the
property are doing in that subdivision, but we are continuing to get
warning letters about permits. I tried filling out the NOT, and it is asking
for documentation that we do not have and do not know how to get.
Could you help please? Feel free to call or email. Thank you.
Best Regards,
Michael grown
828-773-2157
On Tue, Jan 31, 2023 at 12:28 PM Clark, Paul <[e-mail]> wrote:
Michael,
HI. I'm sorry that you have had difficulty with eNOT process. If the project is completed, Asheville regional office
issued E&SC plan approval, so they would issue the closeout report for project. Please see the following contacts:
2

Asheville Regional Office Staff:
Stan Aiken Engineering Supervisor
Laura Christiansen Engineer I
Mack Granger Environmental Specialist 11
Savannah Leduc Environmental Specialist I
Shawna Riddle Environmental Senior Specialist
James Rogers Environmental Specialist I
Bryan Shamblin Environmental Specialist II
Mike Smith Engineer II
Fred Walker Engineer III
If the project is not yet completed, you can provide documentation of the sale from you to the new owner. In
addition, the E&SC plan approval should have been revised to reflect the new owner. Again, the ARO should be able to
provide a revised E&SC plan approval if one exists. YOu can copy me on correspondence with ARO, so I'm kept in the
loop and can help answer questions. Thx.
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
3

Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
[phone]
[e-mail]
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle
your requests by phone or email. We appreciate your patience as we continue to serve the public during this
challenging time.
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.
Before printing this email, please consider your budget and the environment.
h ttps://d eg. n c. go v/sw
From: Michael Brown <[e-mail]>
Sent: Tuesday, January 31, 2023 5:26 AM
To: Clark, Paul <[e-mail]>
Subject: [External] Re: Notice of Deficiency: Unpaid Permit Fee for NCC193005 - Notice of Termination needed
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Paul,
Will you please give me a call about this - 828-773-2157? 1 am really at a loss. This company was dissolved in 2021 and
does not own any lots there or anywhere for that matter. I communicated all of this to someone there over a year ago
and thought everything had been taken care of. We don't own the lots and have no control over what the current
owners of the property are doing in that subdivision, yet we continue to get warning letters about permits for land that

we do not own. I tried filling out the NOT and it is asking for documentation that we do not have and do not know how
to get. Thank you for your help.
Best Regards,
Michael
On Tue, Jan 17, 2023 at 7:54 PM Georgoulias, Bethany<[e-mail]> wrote:
Good evening,
If this project has been closed -out, it is very important that you submit a Notice of Termination request here:
https://edocs.deg.nc.gov/Forms/NCGOI-Termination
You should upload close-out documentation from the authority who approved the E&SC plan (the DEQ Asheville
Regional office is the contact — see the original attached approval).
The E&SC closeout is separate from this permit, but that documentation is required in order to rescind/end this COC
No. NCC193005.
Otherwise the permit remains active, and billing will continue. The past two years of fees remain outstanding for this
permit because it was not rescinded through an NOT request.
I hope this information is helpful. Please let Paul Clark know if you have questions about the NOT process.
Thank you,
Bethany Georgoulias (she/her)
Environmental Engineer
Stormwater Program, Division of Energy, Mineral, and Land Resources
N.C. Department of Environmental Quality

919 707 3641 office
[e-mail]
512 N. Salisbury Street, Raleigh, NC 27604 (location)
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
Website: http://deq.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
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Depadl PC ae EmiranmeMal Owll�
Email correspondence to and from this address is subject to the A(orth
Carolina Public Records Law and may be drsdosed to third parties_
From: Michael Brown <[e-mail]>
Sent: Tuesday, January 17, 2023 6:49 PM
To: [e-mail]
Cc: Holloman, Tevye L <[e-mail]>; Georgoulias, Bethany<[e-mail]>
Subject: [External] Re: Notice of Deficiency: Unpaid Permit Fee for NCC193005
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good evening,
can't recall who we worked with, but we sent all
supporting documents to close this in 2020 or 2021. We haven't built
anything there since 2019, the company no longer exists, and all lots
have long since been sold.
n.

Best Regards,
Michael
On Tue, Jan 17, 2023 at 10:04 AM <[e-mail]> wrote:
This email is to convey a Notice of Deficiency for failure to pay the 2022 annual permit fee per the requirements of
NC General Statute 143-215.3D(a)(4). Please be sure to coordinate payment with other parties copied on this e-mail
to avoid duplicate payments.
Your Certificate of Coverage (COC) under the Construction Stormwater NPDES General Permit was not renewed
because the annual fee payment (Invoice No. NCC193005-2022) was not received. The payment is 16 day(s) overdue.
A Notice of Deficiency is attached.
Please contact the Stormwater Program at [e-mail] or [phone]. Please reference:
COC no. NCC193005
This COC is for The Oaks on Lake Drive in Burke County, issued to Oaks at Hunters Ridge, LLC.
Annual fee payment can be made through this website:
https://deg.nc.gov/sw-epayments
If this project has been closed -out, it is important that you submit a Notice of Termination request here:
https://edocs.deg.nc.gov/Forms/NCGOI-Termination
Please visit https://deg.nc.gov/NCG01 for more information about this permit.
The INC DEMLR Stormwater Program
512 N. Salisbury Street, Archdale Building 6th Floor, 1612 Mail Service Center, Raleigh, NC 27699-1612
This email was automatically generated by Laserfiche. Please do not respond to this email address, as responses are
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