SW8050132_Compliance Evaluation Inspection_20220302

Ploy CocffR
for
ELIZAWi'& BM
sedrawy
I11AI IiNN
Duwtar
March 2°d, 2022
NORTH CAP40UNA
A)WkwomadQuaifty
L. Ardan Development Corporations
ATTN: Leslie A. Fredeen, President
131 Camp Morehead Drive
Morehead City, NC 28557
Subject: Notice of Inspection — Not Compliant
Ardan Oaks
State Stormwater Management Permit No. SW$ 050132
Carteret County
Dear Ms. Fredeen:
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 compliance with
the permit.
On February I e, 2022, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the subject project, located at Taylor Notion Road in Carteret County to
determine the status of compliance with the State Stormwater Management Permit Number SW8 050132
issued on March 29*, 2005. DEMLR file review and site inspection revealed the 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. Permit Condition Section 11.1: The swale behind Lots 28 and 29 has not been installed, the swale
between Lots 7 and 8 has not been installed and the swales along the "Park and Recreation Area"
at the entrance are not installed per plan.
2. Permit Condition Section 11.7: The permittee must certify in writing that the project's stormwater
controls and impervious surfaces. have been constructed within substantial, intent of the approved
plans and specifications. Any deviation from the approved plans must be noted on the
Certification. The permittee shall submit the Certification to the Division within 30 days
of the completion of the project.
Please be advised that as the permittee, 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 143-2144.7, 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 Aprit 31, 2022, 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. PIease 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 asset forth in NCGS 143 Article 21, including the assessment of civil
penalties of up to $25,000 per day.
North Carona Department OFER +rt Onmentat OPORY I Division of Dwrgy, Ngnera[ and Land ttmo=es
Wigton Regtonat office I rid rul Dr Ne Extension I Womitigtot%North c"Iha Za405
910.796.7215

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,
CJ"
Creighton Brown
Environmental Specialist
Enclosure: Compliance Inspection Report
DES1kbn: 111StormwaterlPermits & Projects\20051050132 LD\2022 02 CEI deficient 050132
cc: David K. Newsome, P.E. (Crystal Coast Engineering)
Ardan HOA, Inc., 104 Club House Drive, Swansboro, NC 28584
WiRO Stormwater Permit File

Compliance Inspection Report
Permit: SW8050132 Effective:03/29/05 Expiration:
Project: Ardan Oaks
Owner: L. Ardan Development Corp.
County: Carteret
Region: Wilmington
Adress: Taylor Notion Rd
City/State/Zip: White Oak NC 28399
Contact Person: Lowell Fredeen Title: Phone:
Directions to Project:
From intersection of NC 58 & NC 24, east on 24 approx 1.2 miles to a left on Taylor Notion Road. site is approx 0.8 mile on left.
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 - (Deer Creek) (03-05-03) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 02/10/2022 Entry Time 02:15PM
Primary Inspector: Creighton A Brown
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 02:25PM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

Permit: SW8050132 Owner - Project: L. Ardan Development Corp.
Inspection Date: 02/10/2022 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Inspection based on inquiry from Cape Carteret Zoning for inspection from 1/21/2021.
The following deficiencies were noted during the inspection:
1. The swale behind Lots 28 and 29 has not been installed.
2. The swale between Lots 7 and 8 has not been installed.
3. The swales along the "Park and Recreation Area" at entrance are not installed per plan.
To bring this syste into compliance, the following must be completed:
1. Install swale behind Lots 28 and 29 or modify plan
2. Install swale between Lots 7 and 8
3. Correct swales at entrance to be installed per plan.
According to response to previous inspections, if planning to remove measures or change locations than a
modification to the permitted plans to show compliance will be needed.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ E 1111
Are the inlets located per the approved plans? ❑ ❑ 0 ❑
Are the outlet structures located per the approved plans? ❑ 110 ❑
Comment: The swale behind Lots 28 and 29 has not been installed. There is a swale behind Lot 30, but it
doesn't have positive drainage.
The swale hetween Lots 7 and 8 has not been installed.
The swales along the "Park and Recreation Area" at entrance are not installed per plan.
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 ❑ 110 ❑
provided to DWQ upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? 0 ❑ 1111
Comment:
Other WO Issues Yet No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ 0
Comment:
page 2

--- 44 0,*?Sl- <:::7 I-v- -)"n
�-Ie. - /W 0
0/4 4 1A
a, 7 1,
f' 20 6 o y z'
0iAil 0A= ,
RECEIVED
JUN 21 2021
7 42J UO� /fie �► ' N' j�� �-�
xAs
ids . A:A 2u1 LZ- ���
p �: 6 4C
Gj
/Aver '5�rt ��. r��_ '�" P V'A' s cn Log-
/—'6o©4 S.4 e
A W )-mlV
!,rim A .3 �u 6`116 8'6 i w t<, Aex-,o -00�0J's
w /7/x c cv> 6 w 1A Z-6 oateA ,Z/
,
1�d
Q ?,
zs

,A Crystal Coast Engineering, PA
205-3 Ward Road
Swansboro, N.C. 28584
[phone]
[e-mail] RECEIVED
May 27, 2021
Kellie Beth Norris, Environmental Engineer
NCDEQ- Division of Energy, Mineral and Land Resources
Wilmington Regional Office (WiRO)
127 Cardinal Drive Extension
Wilmington, NC 28405
SENT VIA EMAIL to [e-mail]
Subject: Response to your May 4, 2021 letter on behalf of the WiRO to
Ms. Fredeen regarding a Notice of Inspection and noncompliance
of Ardan Oaks subdivision, Carteret County
State Stormwater Management Permit SW8 050132
Dear Ms. Norris:
JUN 0 4 202ti
NCDEQ
WILMINGTON Flo
Leslie Fredeen, John Odom (Prestige Land Surveying, PA) and I met on May 19, 2021 regarding the subject letter.
Please see the attached scan of the plans located in the Crystal Coast Engineering, PA files. Given some confusion
during the meeting this past Wednesday, would you please verify that these are the permitted plans?
In accordance with your May 4t' letter, the deficiencies that must be addressed and their proposed remedies follow.
1. The permittee is engaging a contractor to repair the swale behind Lots 28 and 29 as soon as possible (ideally
within the next two weeks).
2. The location of the Swale between Lots 7 and 8 appears to have been constructed as a high point in Ardan
Oaks Drive. The surveyor noted that the 20 ft drainage and utility easement shown between the lots on the
attached plans was not reserved/deeded. Therein lies the uncertainty as to whether a modification
subsequent to the attached plans was approved. If not, it is proposed that the surveyor acquire the field data
necessary to reflect the as -built condition and an assessment of the resulting stormwater management be
performed and the plans, permit and construction modified, as necessary.
3. The permittee Is engaging a contractor to repair the swales along the "Park and Recreation Area" at the
subdivision entrance as soon as possible (ideally within the next two weeks).
4. Within 30 days of resolving the three items listed above, the permittee will readily provide the required
certification.
Please let me know of any questions, suggestions &/or instructions.
Sincerely, L
John R. Fresh ater, PE
Crystal Coast Engineering, PA

ROY COOPER
DIONNE DELU-GATn
secret-y
BRiAN. WRENN
D&m1w
May 4'', 2021
NORTH CAROLINA
owmMan"Qualy
L. Ardan Development Corporations
ATTN: Leslie A. Fredeen, President
131 Camp Morehead Drive
Morehead City, NC 28557
Subject: Notice of Inspection — Not Compliant
Ardan Oaks
State Stormwater Management Permit No. SW8 050132
Carteret County
Dear Ms. Fredeen:
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 compliance with the permit.
On January 21�% 2021, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) inspected the subject project, located at Taylor Notion Road in Carteret County to determine the status
of compliance with the State Stormwater Management Permit Number SW8 050132 issued on March 291, 2005.
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.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. Permit Condition Section ILL The swale behind Lots 28 and 29 has not been installed, the swale
between Lots 7 and 8 has not been installed and the swales along the "Park and Recreation Area" at the
entrance are not installed per plan.
2. Permit Condition Section II.7: The permittee must certify in writing that the project's stormwater
controls and impervious surfaces have been constructed within substantial intent of the approved plans
and specifications. Any deviation from the approved plans must be noted on the Certification.
The permittee shall submit the Certification to the Division within 30 days of the completion of
the project.
Please be advised that as the permittee, 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 dune 31, 2021, 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,
)�-eAUD
Kelhe Beth Norris
Environmental Engineer
North Carolina Department of Environmental ClualitY i Di.Ulm of Energv, A�meraI and Land Resources
Wllmmgton Regional Office 1127 Cardinal Dnve Lven%ion . Wilmington. North Carolina 28405
ewrwwra� g10.796.M5

State Stormwater Permit No. SW8 050132
Page 2 of 2
Enclosure: Compliance Inspection Report
DES1kbn: %StormwaterTermits & Projects120051050132 LD\2021 03 CEI deficient 050132
cc: David K. Newsome, P.E. (Crystal Coast Engineering)
Ardan HOA, Inc., 104 Club House Drive, Swansboro, NC 28584
WiRO Stormwater Permit File
014 North Carolina DepartffwA of Envirnrmental CbWky I Dwiswn of Energy, M mral and Land 2esotces
kVftnnlgton kr9onal ofke I W Cardinal Drive Extension I WHminginn. North Carolina 28405
new : u a • rw E
'+'M"� g!t).i% 7215

Compliance Inspection Report
Permit: SW8050132 Effective:03/29/05 Expiration:
Project: Ardan Oaks
Owner: L_ Ardan Development Corp.
County: Carteret
Region: Wilmington
Adress: Taylor Notion Rd
City/State/Zip: White Oak NC 28399
Contact Person: Lowell Fredeen Title: Phone:
Directions to Project:
From intersection of NC 58 & NC 24, east on 24 approx 1.2 miles to a left on Taylor Notion Road. site is approx 0.8 mile on left.
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 - (Deer Creek) (03-05-03) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 01/21/2021 Entry Time 02:10PM
Primary Inspector: Creighton A Brown
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
Exit Time: 02:20PM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

Permit: SW8050132 Owner - Project: L. Ardan Development Corp.
Inspection Date: 01/21/2021 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
The following deficiencies were noted during the inspection:
1. The swale behind Lots 28 and 29 has not been installed.
2. The swale between Lots 7 and 8 has not been installed.
3. The swales along the "Park and Recreation Area" at entrance are not installed per plan.
To bring this syste into compliance, the following must be completed:
1. Install swale behind Lots 28 and 29
2. Install swale between Lots 7 and 8
3. Correct swales at entrance to be installed per plan
File Review Yes No NA NE
Is the permit active? M ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ ® ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑
Comment: There is only a copy of the unrecorded deed restrictions.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ M ❑ ❑
Are the inlets located per the approved plans? ❑ 1:10 ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: The swale behind Lots 28 and 29 has not been installed. There is a swale behind Lot 30, but it does r
have positive drainage.
The swale between Lots 7 and 8 has not been installed.
The swales along the "Park and Recreation Area" at entrance are not installed per plan.
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 ❑ ❑ 0 ❑
DWQ upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? 0 ❑ ❑ ❑
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑
Comment:
page 2

Permit: SW8050132 Owner - Project: L. Ardan Development Corp.
Inspection Date: 01/21/2021 Inspection Type Compliance Evaluation Reason for Visit: Complaint
page 3

State Stormwater Inspection Report __ J
General Plpacp Raturn to
Project Name:
Permit No: SW8 652I3 Z
Expiration Date:
Contact Person:
Phone Number:
Inspection Type:
Inspection Date: 1 Z 1
Time In: 211 p v„,
Time Out: 01
Current Weather:
Recent Rain (Date)?
Rain — in
Location
Facility Address /Location: fo✓ WO fiber Fa�. •�
City: ,,- Zip: 2455 q County: &,f,,�JLat: 0 "N Long: - "W
Permit InfoRnation
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High (HID) 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 v.... .,.. .�,. .�,�
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 Unen Area IRIJAl Nf-- K1— MIA MONT
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 with permit9 (i.e. no un ermitted drainage to the SW BMPs)
8. Drainge area is stabilized? to reduce risk of sedimentation to the SW BMPs)
Site Visit: Stormwater BMPs
V-- Ll— MIA MINT
9. Stormwater BMPs are located per the approvedplans?
10. Stormwater BMPs have dimensions (eg. length, width, area) matching the approved plans?
11. Stormwater BMPs are constructed per the approved plans?
Site Vi-Rit- rinora+inn 2nri Mninfananre v__ .._ ..,. .—
rsd -- --
12. Access points to the site are clear and well maintained?
•VI'l
.VV
13. Trash has been removed as needed?
14. Excessive landscape debris (grass clippings, leaves, etc) is controlled?
15. Stormwater BMPs being operated and maintained as per the permit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — resent only)
�/'
Site Visit: Other Permit Conditions Yes No NIA N/E
17. Is the site compliant with other conditions of the permit?
Yes No NIA N/E
1 18. Is the site compliant with other water quality issues as noted darns the inspection? .
State Stormwater Inspection Report, Version 3.0_3-09
Page 1 of 2

State Stormwater Inspection Report
G e �rt ,� .. 6�.ee rta�f- IW.StWOJ Pe,-PIM , i7a*e�,b. �as+k
�i,,,i.le. VLhx`rvJt ('tj •zg--Z`i, Kve - t�k.((cd. �tttiYul(Qct 1,z4�f.L 14f-32� �.t vie Pc9-hti,e ti���
64WGCcn 10f —, 8747 t�le'f 1�^S�Lliec4.
++cue$ Ca,) "RA_ Q-A t glti a it a eel *Y. i►�f 5v�9ic� lei � a" P 4v.
ispectiion Pictures (some of the pictures taken during the site
See Pie, Dv, 6
❑ Compliant z'_ Non -Compliant
Letter Sent (circle one): Yes No
Date
Inspector Name and Signature:_
Letter type: CEI
Reference Number:
NOV NOVRE Other
State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2