SW8050516_Compliance Evaluation Inspection_20230110

STATE OF NORTH CAROLINA, Department of Environmental Quality,
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Energy. Mineral &
Land Resources
ENVIRONMENTAL QUALITY
May 17, 2017
CERTIFIED MAIL #7013 2630 0002 1133 7379
RETURN RECEIPT REQUESTED
Mr. Randy Allen, President
R.A. North Development, Inc.
3129 Springbank Lane
Charlotte, NC 28226
Subject: NOTICE OF VIOLATION, NOV-2017-PC-0275
Cannonsgate
Stormwater Permit No. SW8 050516
Carteret County
Dear Mr. Allen:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On May 8, 2017, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources (DEMLR) performed a Compliance Inspection of the subject project, located along
Cannonsgate Drive, Carteret County, North Carolina. The inspection was performed following our
correspondence seeking permit compliance in March 2016, May 2016, August 2016, November 2016,
December 2016, and April 2017. On April 24, 2017, you were informed that an inspection would be
conducted, and an NOV would be issued if the site was not brought into compliance. The project has
been found in violation of Stormwater Permit Number SW8 050516, issued most recently on March 10,
2016 pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000.
Violation: Failure to Build According to the Approved Plan: The DEMLR, R.A. North Development,
Inc., and the HOA have had discussions since June 15, 2015 to try to identify a method to construct
swales as they are needed. Ideally this would have avoided constructing swales prior to home
construction that would later be demolished during home construction such that the swales would have
had to be reconstructed after each home was built. Your engineer assessed each swale and recommended
a plan forward for each one. His recommendations were summarized in Attachment 1 of your March 10,
2016 permit as well as on the permitted plans. The March 10, 2016 Permit, which was a Plan Revision,
detailed requirements for this unusual arrangement and set a May 10, 2016 deadline for the permittee and
the HOA to work through -the specifics of swale construction. The deadline was extended several times at
your request, but the permittee and the HOA did not reach an agreement. In the meantime, the
stormwater infrastructure on the permitted plans has not been constructed. Per Section 11(6) of the
Permit the permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved plans.
Through our discussions, DEMLR acknowledges that you intend to transfer the permit to the HOA in the
future. Please be advised that once the project is constructed per the plans, Section H(8) of the Permit
requires that the permittee certify in writing that the project's stormwater controls and impervious
surfaces have been constructed within substantial intent of the approved plans and specifications.
Additionally, Section Il(2) of the Permit states that the maximum built -upon area assigned to each lot may
not be increased or decreased without approval from DEMLR. Restrictions beginning on Book
112I/Page146 have been submitted covering most the lots, but please ensure that all lots impervious data
matches the permit text exactly aad that the data is recorded prior to the lots' sale. For instance, Lot 437
was increased in 2011 from 3,080 square feet to 6,665 square feet, but the Book 1121/Page 146
restrictions do not reflect the revised value. There may be additional differences in the data that need to
be addressed. Additionally, Section HI(6) of the Permit states that the permittee is responsible for
compliance with all the terms and conditions of the permit until the Division approves the permit transfer.
You are required to bring the project into compliance, and to meet the requirements specified in the
permit transfer regulations prior to transferring permit responsibility to the HOA.
State of Nortli Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215

Slate. Storniwater Permit No. SW8 050516
Page 2 of 2
Actions Needed to Correct the. Violation: Please provide a "Plan of Action" by June 19, 2017 to
DEMLR that states how and when the project will be constructed per the approved plan. If we do not
receive your plan of action by this date you will be in violation of 15A NCAC 211.1000, which could
result in the initiation of enforcement action which may include recommendations for the assessment of
civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Town of Cape Carteret Building Inspector, this office is requesting that
the Building Inspector consider withholding building permits and Certificates of Occupancy for
this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Kelly Johnson at (910)-796-7331.
Sincerely,
`.Q),
S
.Xx Tracy Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
GDS\kpj: \\\Stormwater\Permits & Projects\2005\050516 LD\2017 05 NOV 050516
enc: Notice of Violation, Attachment A, Swale Summary
Compliance Inspection Report, May 8, 2017
cc: Melissa Williams, RA North Representative
(via email only, [e-mail])
Caleb Wright, PE, Engineer for RA North
(via email only, [e-mail])
Keith Maready, HOA Representative
(via email only, [e-mail])
John Odom, Consultant for the HOA
via email only, [e-mail])
Town of Cape Carteret Building Inspections
Division of Coastal Management
Stormwater Supervisor, DEMLR Central Office
Georgette Scott, DEMLR Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File, SW8 050516
State of North Carolina I Environmental Quality 1 Energy. Tvt"ineral and Land Resources
Wilmington Regional office 1 127 Cardinal Drive Extension 1 Wilmington, NC 28405
910 796 7215

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Compliance Inspection Report
Permit: SW8050516 Effective:03/10/16 Expiration:
Project: Cannonsgate at Bogue Sound
Owner: R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
City/State/Zip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LID - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (including Intracoastal Waterway)) (03-05-03) (SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 05108/2017 EntryTime: 09:00AM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Kelly Johnson
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant M Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Exit Time- 11:00AM
Pnone:
Inspection Type: Transfer Renewal
page: 1

Permit: SW8050516 Owner - Project:
Inspection Date: 05/08/2017 Inspection Type
Inspection Summary:
See the May 17, 2017 NOV for details
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
R A North Development Inc
Transfer Renewal
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: The certification is needed after the swales are constructed.
Revised deed restritions are needed for some of the lots.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment: BUA needs to be assessed during the certification.
See Attachment A of the NOV for specifics on Swale and grading deviations.
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?
Comment: See Attachment A of the NOV.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Are the SW BMP inspection and maintenance records complete and available for review or provided to
DWQ upon request?
Comment: See Attachment A of the NOV.
Reason for Visit: Follow-up
Yes No NA NE
n❑❑❑
❑ W❑❑
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❑ m1 ❑ ❑
Yes No NA NE
❑ ❑ ❑ 9
❑ 0 ❑ ❑
❑ ❑ ❑ ❑
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❑ ®❑ ❑
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❑®❑❑
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page: 2

State Stormwater Inspection Report
Project Name: UtA pi fN5 1c
Contact Person:
Inspection Date: 8 1
Current Weather: V 3
..� Permit No: SW8
Phone Number:
t 1� bk� Time In: d d)
Recent Rain (Date)?
Expiration Date:
Time Out: 1(© d
Rain - in
Location
Facility Address / Location:
City: Zip: County: Lat: 0 1"N Long: - 0 1"W
Permit Information
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 (HD) L=w(L
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 .—IL-1 .% q.1%, __.-r vex KL. KIIA suC
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?
Rita Visit- Riii1t I Innn Arne /RI IAl v__ — ....
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. Drain Le area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs
8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs)
Site Visit: Starmwater RMPS 1"Ln�.l.e .% 1
Nf-- Li- L11A Lit
9. Stormwater BMPs are located per theappr8vYdlens?"'-
10. Stormwater BMPs have dimensions (eg, length, width, area) matching the approved plans?
11. Stormwater BMPs are constructed per the approvedplans?
Site Visit- Onaratinn and Maintananca U-- wl.. .IIA .?tin
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris (grass clippings, leaves, etc) is controlled?
;present Tonly))
15. Stormwater BMPs being operated and maintained as per the permit requirements? 5aL fl
16. Inspection and Maintenance records are available for inspection?(high density only, 1995
Yes No N/A N/E
1 17. Is the site compliant with other conditions of the permit?
ape vign. vtner water wuamv Issues Yes No N/A N/E
18. Is the site compliant with other water quality issues as noted durine the inspection?
State Stormwater Inspection Report, Version 3.0 3-09
— Page 1 of 2

Comments
State Stormwater Inspection Report
Inspection Pictures (some of the pictures taken during the site visit)
Compliance Status ❑ Compliant ❑ Non -Compliant
Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent:
Inspector Name and Signature:
Reference Number:
Date:
State Stormwater Inspection Report, Version 3.0_3-09 Page 2 of 2

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PAT McCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Energy, Mineral &
Land Resources
ENVIRDNMENTAL QUALITY
December 19, 2016
Mr. Randy Allen, President
R.A. North Development, Inc.
3129 Springbank Lane
Charlotte, NC 28226
Subject: Notice of Inspection —Request for Additional Information
Cannonsgate
State Stormwater Management Permit No. SW8 050516
Carteret County
Dear Mr. Allen:
TRACY DAVIS
Director
On December 19, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) conducted a file review inspection of the subject project, located in Carteret County
to determine the status of compliance with the State Stormwater Management Permit Number SW8
050516 issued most recently on March 3, 2016.
A copy of the March 3, 2016 Plan Revision is enclosed. Per the HOA's request, page two of the cover
letter set up an optional process for all parties to determine the best path forward for delaying the
construction of some swales that may become damaged during future construction as well as working
through some other issues. We agreed that this optional process would be completed by May 2016. The
HOA requested several extensions to the May 2016, and the final due date was December 16, 2016. It
appears that you all have elected not to employ the optional process. At this point, in order to continue
the permit transfer from the developer to the HOA, please complete the in -field changes, certify the
project, and submit the necessary paperwork as discussed on page three of the March 3, 2016 letter.
Please complete this work by February 28, 2017. If this date is not feasible due to sod availability in
the winter months or other issues, please contact me.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7331 or via email at kelly.p johnson&cdenr.gov.
enc:
°j�zs GDS\kpj:
Engineer
March 10, 2016 Plan Revision
\\\Stormwater\Permits & Projects\2005\050516 LD\2016 12 CEI—addinfo 050516
cc: Keith Maredy, Cannonsgate at Bogue Sound HOA (via email only, keithmaready@gmail com)
Caleb Wright, PE (via email only, cwright@isec. engineering)
Mellissa Williams (via email only, mwilliams@ramanagementinc. com)
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Inspector, Town of Cape Carteret County Building Inspections
Wilmington Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington'Regional Office i 127 Cardinal Drive Extension I Wilmington NC 28405
910 796 7215

STAIR OF NORTH CROLWA
Dent ofH avrn=ez td and Natural Resources
127 CardfW Dxii� Rdendoa.
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STATE OF NORTH CAROi d NA
Department of Environmental sad Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION :an—a—,l aftb—T�Q-c
TBVW,�'l
NAME
REPRESENTING C
Grtidelutes for Access: The staff of Wilmin m Regional. Office is dedicated to making public records in
our custody readily available to the public for review and copying. We also have the responsibility to the
public to safeguard these records and to can'y out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
1. Due to the large public demand far file access, we request thatyou call at least a day iu
advance to schedule an appointment to review the files. Appointments wdl be scheduled
between 9:00am and 3:00nm. Viewing time ends at 4:45pm "nyone arriving without an
appointment may view the files to the extent that time and staff supervkiop is available.
2. You must specify files you want to review by facility. name. The number of files that you
may review at one time will be limited to five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is $.05 co-,ris. PayM t may be made Checl money order or cash at the
reception desk. Conies tom $5.00 or more can be invoiced for your wnv_enience.
4. ER YOU FOUND M.' Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of twe files is a
misdemeanor for which you cann be fined up to $500.00. No briefcases lame totes. etc. are
pormigd in the file review area.
5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and
collected -for checks on which payment has been refused.
FACILITY NAME
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Please attach a business carzW this form
COPIES MADE PAID - "ATOICE
S:Admin file- access

Ak[mv-AwAtz
WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 1, 2015
Mr. Randy Allen, President
R.A. North Development, Inc.
3129 Springbank Lane
Charlotte, NC 28226
Subject: NOTICE OF CONTINUING DEFICIENCY
NOD 2012-PC-0061
Cannonsgate at Bogue Sound
Stormwater Permit No. SW8 050516
Carteret County
Dear Mr. Allen:
Donald van der Vaart
Secretary
On June 1, 2015 Kelly Johnson of the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) conducted a file review inspection as a follow up to the February 11, 2015 file review inspection, the November
7, 2014 file review inspection and the September 23, 2014 site inspection for Cannonsgate at Bogue Sound in Carteret
County to determine compliance with Stormwater Management Permit Number SW8 050516 issued most recently on
September 22, 2011. 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 deficiencies found are the same deficiencies listed in the February 11, 2015 NOD Letter. On March 9, 2015, the
permittee submitted a letter from John Riggle of Trader Construction Company. Mr. Riggle was the project manager for
construction, and he has certified the stormwater measures implemented met the substantial intent of the stormwater
permit. While Section II(8) of the permit says that the "permittee" has to certify the system, we have a situation
where there is disagreement between the permittee/developer and the proposed permittee/HOA as to whether or
not the project is constructed within "substantial compliance" of the permit requirements. A certification from an
appropriate design professional such as a PE or a PLS is therefore warranted. If the project can be certified, then the
permit will be considered in compliance, and it can be transferred. If an appropriate design professional cannot certify that
the system has been installed within substantial compliance with the permit, then the permit is not in compliance and
cannot be transferred. If this is the case, then the permittee will have to modify or revise the permit to match the field
conditions. If there are issues such as if a curb outlet swale is missing or is built shorter than it was permitted to be built,
then the permittee will have to provide justification for each change. The permittee. could choose to propose other changes
to the permit as well, but it is not required. For instance the HOA has brought up two safety issues. There is water
ponding in the street, and there is an amenity pond that reportedly does not have an overflow point. Another issue that
could be addressed is that some of the deed restrictions for impervious area per lot are recorded at values below what the
State Stormwater permit allows. The permittee could modify the deed restrictions to increase the impervious area per lot
for the lots affected.
1. Section II(3): Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed in their
entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface,
per the approved plans: As discussed in the September 24, 2014 inspection report, there appear to be
stormwater measures that are not installed per the approved plan.
2. Section II(8): Please submit the required certification that the stormwater controls and impervious surfaces have
been constructed per the permit requirements. This certification has not been received.
3. Section III(5): The permit is not transferrable to any person or entity except after notice to and approval by the
Director. I understand oer Your October 28. 2014 letter that the Homeowners Association (HOA) has assumed
you meet the req
N), please apply for a permit transfer to the HOA.
Division of Energy, Mineral, and Land Resources
Land Quality Section -Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - [phone] / Fax: [phone]

SW8 050516
June 1, 2015
Please inform this Office in writing before July 1, 2015, of the specific actions that will be undertaken and the time frame
that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by
the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a
written plan of action is not submitted to this office by March 11, 2015 then DEMLR staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
Additional Guidance:
R.A. North Development, Inc. is the current permittee per the most recent permit which was issued on September 22,
2011. This permit does not automatically transfer to the HOA with the sale of land. It has to be formally transferred through
the Division per Permit Section 111(5). The Division received the attached transfer form from R.A. North Development, Inc.
on July 26, 2011, but the form was not signed by the HOA and so it was not executed. It is in the interest of both the HOA
and the developer to transfer this permit to the HOA. From the developer's perspective, if you do not transfer it you will be
responsible for it forever. From the HOA's perspective, if you do not eventually accept a permit transfer you can be
charged with operating without a permit.
In order to transfer the permit to the HOA, the permit either has to be in compliance or we have to have to come to some
sort of agreement between the two parties that will get the site into compliance. It is our understanding that some of the
stormwater measures may not be installed per the approved plan. Section II(8) of the permit requires a certification that
the project has been constructed in substantial compliance with the permit, and that certification has not been received.
As the permittee, R. A. North Development, Inc. is responsible for submitting the certification per the permit. As requested
in the September 30, 2014 letter, please submit this certification. If the site can be certified, then this project will be in
compliance. But, it is our understanding that there are missing swales (and potentially other items) that may keep it from
being certified. The Division met with the HOA and Prestige Land Surveying about the situation on September 12, 2014,
and we have provided their pictures which highlight their concerns. We also created a diagram to show the location of the
swales of interest. We understand that water pools in one area of the development. Pooling water alone is not a violation
of the permit if the permit is constructed per approved plans. The issue is that there is an allegation that the permit is not
constructed per the plans. If the site cannot be certified that it has been constructed per the approved plans, please
contact me to discuss obtaining either a Plan Revision or a Permit Modification to change the permitted plan to a
configuration which can be certified. Please note that only the permittee can submit for a Plan Revision or Permit
Modification.
There is a related but separate issue at hand as well. There is an amenity pond on the plan that is not required by the
State Stormwater permit, and the HOA is concerned that this pond does not have an appropriate place to overflow. This is
a flooding issue, and is therefore beyond the scope of the State Stormwater permit. The Division does not have authority
to regulate flooding. But, if the State Stormwater permit is hindering a solution to this potential safety issue and' we can
help you resolve it via a Plan Revision please let me know and we can discuss that further.
After these issues are resolved, we can transfer the permit to the HOA. Administratively, per SL 2011.256, we will need
the following documents to transfer the permit:
1.) Common area deeds showing that the HOA is the owner.
2.) Documentation showing that at least 50% of the development has been sold.
3.) Name/Ownership Change Form, available on our website http://portal.ncdenr.org/web/Ir/state-stormwater-
forms docs under "miscellaneous forms". Please note that there are two forms. The one designated for HOAs is
pursuant to SL2011-256 which says that if the site is compliant and the appropriate documentation is submitted
then the permit can be transferred to the HOA without their signature. This form has a signature block only for the
outgoing (current) permittee and can be used if the site is in compliance. (Please note that this law has been
passed since the previous transfer form was submitted by the developer.) The other form has signature blocks
for both the outgoing (current) and incoming (proposed) permittee. We will use that form if we come to some
agreement between the developer and the permittee to get the site into compliance as discussed above so that
both sides can sign.
Page 2 of 3

SW8 050516
June 1, 2015
Please be reminded that if an ownership change, or a name change or a mailing address change has occurred, it is your
responsibility to submit a completed and signed Name/Ownership Change form to the Division. Please include the name,
mailing address and phone number of the party who is now responsible for this permit.
If you have any questions, please contact Kelly Johnson at the Wilmington Regional Office, telephone number (910) 796-
7331.
ASincey,
y Davi eP.E., rector
Division of Energy, Mineral and Land Resources
enc: Compliance Inspection Report, File Review, 6/1/15
NOD Response, 3/9115 email from Glenn Dunn
NOD Response, 3/6/15 Letter From Trader Construction Company
GDS/kpj: 111StormwaterlPermits & Projects120051050516 LD12015 06 NOD 050516
cc: Melissa Williams, RA Management, Inc., ([e-mail])
Glenn Dunn, Poyner & Spruill, ([e-mail])
Prestige Land Surveying,([e-mail])
Riley Horn, R.H. Construction & HOA,([e-mail])
Mr. Randy Allen, President, R.A. North Development, Inc.
7009 Whitemarsh Ct., Charlotte, NC,28201
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 3 of 3

Compliance Inspection Report
Permit: SW8050516 Effective:09/22/11 Expiration:
Project: Cannonsgate at Bogue Sound
Owner: R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
Clty/State/Zip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type` of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway)) (034)5-03) (SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 06/01/2015 Entry Time: 09:OOAM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
W State Stormwater
(See attachment summary)
Exit Time: 01:OOPM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8050516 Owner - Project: R A North Development Inc
Inspection Date: 06/0112015 Inspection Type Compliance Evaluation
File Review
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: File Review Only. Certification needed. See letter.
Reason for Visit: Follow-up
Yes No NA NE
!- ❑❑❑
❑C❑❑
page: 2

Johnson, Kelly
From: Dunn, Glenn <[e-mail]>
Sent: Monday, March 09, 2015 10:41 AM
To: Johnson, Kelly
Cc: Melissa Williams
Subject: FW: Cannonsgate
Attachments: TCC-Cannonsgate_Stormwater Controls & Impervious Surface Statement 5-6-15.pdf
Kelly, I have received this compliance statement from Trader Construction , the contractor that was responsible for the
storm water management work. Obviously It acknowledges that some of the swales were not built and recounts that
they were determined not to be needed. This is consistent with the statutory requirement that the storm water
management system be in substantial compliance with the storm water permit as required by the statute. This opinion
is also consistent with statements made by DENR officials when I visited the site with them about 3 years ago. They
stated that there was no need for the swales but they were concerned they couldn't state the system is consistent with
the plan as long as the swales are shown on the plan . But I want to point out that the statute requires substantial
compliance, not precise compliance, which indicates the General Assembly's intent to allow the latitude to certify
compliance in circumstances such as this. I thought it best to send this statement to you and get a response re: its
adequacy. Then it appears we will need to have the permittee send in the transfer request form which includes the
certification of compliance, to which we propose to attach this document. We have the other information that must be
included with the transfer request form but I want to get your response to Trader Construction's statement before
putting together a complete package of documents.
I want to add that we have not pressed Trader Construction on this matter, this statement is theirs entirely and I talked
with them to be sure they acknowledge that some swales were not constructed while stating their opinion. I
understand that the Homeowners, or at least Riley Horne , have told you they want to install the swales . But you have
resporxded that they can't do so unless and until they are the permittee . It seems to me that we need to move ahead
with this transfer and then the Homeowners will be in a position to install the swales if they want to do so.
I will be out of town later this week and all of next week, so if possible I would appreciate a response in the next day or
two .Thanks and don't hesitate to call me if you want to discuss this email.
This electronic communication (including attachments) may contain attorney privileged and confidential information
intended only for the use of the named recipient. If you are not the intended recipient, you are prohibited from
disseminating, distributing or copying this communication. If you have received this communication in error, please
immediately notify us by return message or by telephone at 919.783.6400 and delete this communication from your
system. Thank you.
***********
1

TRADER CONSTRUCTION COMPANY
Design/Build • Heavy Civil • Site Development • Engineering - Surveying - Wells • Demolition • Materials Testing
March 6, 2015
Mr. Randy Allen, President
R.A. North Development, Inc.
110 Matthews Station Street, Suite 2D
Matthews, NC 28105
Subject: Stormwater Controls and Impervious Surface Statement
Cannonsgate at Bogue Sound
Permit No. SW8 050516
Carteret County, NC
Mr. Allen:
During every phase of development, Trader Construction Company performed all
construction activities in compliance with the above referenced stormwater permit. It is
my opinion, all stormwater controls and impervious surfaces were constructed within
substantial intent of the approved plans and specifications.
To the best of my knowledge and recollection, it was determined some swales were not
needed as their installation served no function. It is my opinion, the stormwater
measures implemented met the substantial intent of the stormwater permit.
Throughout this project any deficiencies noted by R.A. North Development, Inc.'s
representatives or by NC Division of Water Quality (DWQ) inspectors required only
minor rework and were corrected.
Respectfully submitted,
J n Riggle - ect Manager
PO Drawer 1578, New Bem, NC 28563, Tele: [phone], Fax: [phone], www.traderconstrucfion.com

R WA
OMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Pat McCrory, Govemor John E. Skvarla, III, Secretary
September 30, 2014
Mr. Randolph Allen, President
R.A. North Development, Inc.
3129 Springbank Lane, Ste. 200.
Charlotte, NC 28226
Subject: Notice of Inspection — Non Compliant
Cannonsgate at Bogue Sound
Permit No. SW8 050516
Carteret County
Dear Mr. Allen:
On September 24, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and
Land Resources (DEMLR) inspected Cannonsgate at Bogue Sound in Carteret County to
determine the status of compliance with the State Stormwater Management Permit Number
SW8 050516 issued on June 6, 2005. DEMLR file review and site inspection revealed that the
site is not compliant 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. Stormwater measures are not installed as per approved plan. Please install all
measures or revise permit.
2. Submit engineer's certification of measures.
Please inform this Office in writing before October 31, 20.14, of the specific actions that will be
undertaken and the time frame that will be required to correct the deficiencies. Failure to provide
the requested information, or to respond to this letter by the due date, may initiate enforcement
action including the assessment of civil penalties of up to $25,000 per day.
If the project has changed its name, ownership, or mailing address, it is your responsibility to
submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar
days prior to making the changes. Please include the name, mailing address and phone
number of the person or entity that is now responsible for this permit on the Name/Ownership
Change form.
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,
taeiAabe
Environmental Specialist
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: [phone] / Fax [phone]

Enc: Compliance Inspection Report
GDS1bpl: G:IWQIShared\Stormwater\Permits & Projects120051050516 LD12014 09 CEI_deficient 050516
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File

Enc: Compliance Inspection Report
�( GDS\bpl: G:1WQ\Shared\StormwaterlPermits & Projects\2005\050516 LD\2014 09 CEI_deficient 050516
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File

Compliance Inspection Report
Permit SW8050516 Effective:09/22/11 Expiration:
Project Cannonsgate at BogueSound
Owner. R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
City/State/Zip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LID - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) (SA;ORW)
ORW - (Bogue Sound (including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/23/2014
Entry Time: 10:00AM
Primary Inspector: Brian P Lambe
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: 12:OOPM
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8050516 Owner Project: R A North Development Inc
Inspection Date: 09/23/2014 Inspection Type Compliance Evaluation
Inspection Summary:
Reason for Visit: Routine . .
The inspection revealed that the stormwater system was not installed as per approved plans. Please install all approved
measures (swales) or revise stormwater plan.
page: 2

Permit: SW8050516 Owner - Project: R A North Development Inc
Inspection Data: 09/23/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 5 ❑ ❑ ❑
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: Enaineer's certification is not on file.
Operation and Maintenance agreement is not on file.
Built Upon. Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
❑ ■❑❑
Yes No NA NE
❑ ❑❑C
❑ i❑❑
❑ e❑❑
Comment: At intersection of Hollings and Michelle Manor. swale 29 is not constructed as per awroved Plan thus
drainage is not outleting and results in Dondina in the street. Similar situations do occur at other swale
locations.
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: Majority of the swales indicated on the glans are not constructed or not constructed with the 1' depth
5:1 side slopes, and 100' Iona. Some of the areas where swales should be constructed are blocked by
electrical boxes, trees, or sidewalks. The inlet of the curb commonly has a small rock pad and then
steps up to a sod lip preventing drainage.
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: Stormwater measures not installled adeauately.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ Elm ❑
Comment:
Other WO Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ■ ❑
Comment:
page: 3

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, September 15, 2014 9:20 AM
To: Lambe, Brian; Scott, Georgette
Cc: Sams, Dan
Subject: SW8 050516, Cannonsgate Inspection Needed
Attachments: Cannonsgate.pdf
Georgette,
Keith with Prestige Land Surveying and a member of the HOA (I didn't get his name) did a file review on this on Friday. I
haven't worked on this one, so I don't have much background. I just set up the file review. Steve inspected it and found
it to be compliant in 2011. They have requested an inspection. They are ramping up to transfer. This one has two
potential safety issues that need to be addressed that we may need to consider under "alternative measures". I asked
them to get some proposals together and then we can discuss them.
1. They have water pooling on a road that reportedly isn't graded properly, and they will look into putting in a
pipe/LS/FS to get the water off of the road. This is LD so they will need special permission for the pipe (and it is
also ORW 575). This is also a CO swale, and they may need to shorten the 100ft swale to install whatever they
propose.
2. They have an amenity pond that doesn't have anywhere to overflow, and they want to add a swale
(pipe/LS/FS?) along one side of lot 519. They will have to get an easement from the lot's owner, but they think
that they will be able to get it because otherwise that lot will have water issues. I don't think that lot 519 is built
yet (not positive though). This is also ORW 575.
Brian,
Here is some general info. I will bring you the file.
1.) 25% LD with Curb Outlet system. There are several ponds, but they are amenity ponds only and are not covered
by the permit.
2.) Documentation:
a. Designer's Certification: Needed
b. O&M: On file with the 2011 permit
c. Deed Restrictions: Recorded (need to verify that they are correct)
d. Common Area Deed(s): Needed
3.) History:
a. 2005: Permit issued.
b. 2006: Plan Revision issued to re -allocate impervious area from "future" to allow some common areas to
be built.
c. 2007: Plan Revision issued to re -allocate impervious area from "future" to allow some common areas to
be built. The original, signed letter has been lost. In 2010 Linda saw that the letter was lost and did
some homework to verify that it had, in fact, been issued. She sent a letter documenting that.
d. 2010: Letter about the 2007 PR sent.
e. 2011: Permit modified to re -allocate "future" area to lot 437. (It looks like that lot must have bought
some impervious from the developer?)
f. 2012: Letter issued that development on lot 437 is covered by SW8 050516.
4.) Two Specific Issues: See my scanned notes (which are sort of hard to read... sorry O). The plans aren't very
detailed with topography/spot elevations unfortunately. If you could take pictures of these two areas while you
are there that would be appreciated so that we can figure out what to do when make their proposals. I told
Chem that we generally ask for the Designees Certification since it isn't on file and also note potential problems
(such as the two below) in the inspection letter. If they aren't able to get the Cert, and what has been permitted
can't be built because of unforeseen field issues then we can work with them to make appropriate changes.

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SEP 12 2014

R.A. North Development, Inc.
3129 Spingbank Lane
Charlotte, NC 28226
October 28, 2014
Mr. Brian Lambe — Environmental Specialist
NCDENR —Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Response to September 30, 2014 Notice of Inspection — Non Compliant
Cannonsgate at Bogue Sound
Permit No. SW8 050516
Carteret County
Mr. Lambe:
On June 2, 2005 R.A. North Development (RA North) received the Low Density Subdivision
with a Curb Outlet System permit referenced above (SW8 050516) replacing Permit No.
SW8 890308. It should be noted the new permit SW8 050516 was issued under
stormwater regulations set forth in Title 15A NCAS 2H.1000 applying the control of
pollutants associated with stormwater runoff with regards to a residential subdivision land
development. The stormwater policy rules governing compliance were in effect as of
September 1, 1995. All land development activities and subsequent SW8 050516 plan
revisions were compliant and approved by successive Division of Water Quality and
NCDENR representatives through August 22, 2007. Although some technical clarifications
were minor and remedied, all were "in full force and effect' under the terms and conditions
of the permit issued, again, on June 2, 2005 as noted in most all correspondence.
When the Cannonsgate at Bogue Sound Home Owners Association, Inc. (HOA) assumed:
ownership of the site's "Common Area and Private Open Space" (including the "boat ramp"
and all aspects and components of the "Pump Out Station"); the Certificate of Occupancy
from Carteret County; and the authority to enforce the Declaration of Protective Covenants,
Restrictions, Easement, Charges, and Liens (Covenants) executed on July 12, 2005; they
also assumed control of the on -going and future enforcement of stormwater maintenance
activities (as noted in the attached Covenants Article VIII, Section 4 - Compliance with
Stormwater Management Acts).
RA North has exercised no control over the stormwater maintenance activities since. The
manner in which the HOA has or has not appropriately managed home building operations
that comply or does not comply with 1995 stormwater permit regulations is not and has not
been under the auspices of RA North since 2008.

In response to the alleged deficiencies noted in your DEMLR compliance inspection you
conducted on September 24, 2014, we make the following position statements sequentially
as indicated on the 2"d page of the compliance evaluation report:
File Review
Is the permit active?
Yes, Stormwater permit SW8 050516 is active.
Signed copy of the Engineer's certification is in the file?
Per Title 15A NCAC 2H.1000 and the stormwater permit documentation approved, an
engineer's certification is not required for SW8 050516 and has never been asked for by
any NCDENR division, department or representative, until now.
Signed copy of the Operation & Maintenance Agreement is in the file?
A signed copy of the Operations & Maintenance Agreement is attached and made available
for DEMLR files.
Copy of the recorded deed restrictions is in the file?
Yes.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Not evaluated.
Is the drainage area as per the permit and approved plans?
Throughout ever stage of development, NCDENR representatives approved the plans and
drainage areas while being constructed. To our knowledge the permitted drainage area has
not been altered without an approved permit modification.
Is the BUA (as permitted) graded such that runoff drains to the system?
RA North has exercised no control over nor is responsible to maintain/enforce the grade
control over BUAs. HOA authority and Carteret County building inspections department
issuing building permits and certificates of occupancy are responsible for enforcing the
recorded deed restrictions and therefore controlling additional BUA areas and site grading.
RA North does not have a deed to the common areas on the site and has exercised no
control over past alterations by landscaping or other HOA authorized modifications to the
site since final construction. The HOA is responsible for alterations at curb outlet swales,
vegetated areas and vegetated conveyances.
SW Measures
Are the SW measures constructed as per the approved plans?
SW8 050516 required "each designated curb outlet swale or 100' vegetated area shown on
the approve plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side
slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year
storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either
a dedicated common area or a recorded drainage easement."

SW8 050516 does not designate a required 1' depth. The small rock pads stepping to a
sod lip you suggest are preventing proper drainage were likely placed as landscaping
amenities after final construction.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
At the time of final construction SW measures were constructed within substantial intent of
the permit and approved plans. Subsequent alterations to drainage areas and BUA's were
performed by others. RA North is not the owner and has not been granted permission by
HOA to enter the site and has no control over operations and maintenance of SW
measures.
Are the SW BMP inspection and maintenance records complete and available for review or
provided to DWQ upon request?
Not evaluated — See HOA.
This project has changed ownership to the HOA. The site's stewardship belongs to the
HOA. At the completion of the project in 2008, the project's stormwater controls, and
impervious surfaces were constructed within the substantial intent of the approved plans
and specifications. Any SW maintenance deficiencies found in your compliance evaluation
inspection should be addressed by the HOA.
The state should authorize and approve the transfer SW8 050516 into the HOA's name
where it legitimately belongs many years after RA North has completed final construction
obligations. The HOA has the responsibility to supervise and monitor site -building activities
to ensure future development is managed within the confines of SW8 050516.
Sincerely,
Melissa Williams on behalf of,
Randolph Allen, President
R.A. North Development, Inc.

IV. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season Grass height will not exceed six inches
at any time.
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality..
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title:
Address: //a f
- - f •Su 4- .2 /7�A i ��/s A1 c
P h A uo P= ze-rs
Signature: �'� re�e✓vk r
Note: The legally responsible party Should not be a ho nvorrners association unless more than 50% of the lots have been sold and a
resident oJ'ihe mb&wnan has been nmmd the president
[, n' , *No Public for the State of ! maji, t 'D [IoLCounty of
do hereby certify that13a 54W4 M * Him personally appeared before me this
day of j..._:�., ),005 and ocknowledy4o due execution of the forgoing infiltration basin maintenance
requiremen . Witness my hand and official seal,
films. My commission impim veer , iY16m 1,;W4
Foe*' Aru-ltt5 `t O 9`t Page 3 of 3

Melanie Arthur 43P
PH Date 07/12/2005 COUNTY
11100/00
SR 1121146 Page 1 of 43
Cannonsgate
at
Bogue Sound
NORTH C4ROLINA, CARTI=Af" F COUNTY
The foregoing certiiir 4s) of Notary Pu' blio(a) Word
cerlified to be correct. TNa Instrument and thki certin,
pate are duly r905torect at the date and lima and In
ltle Book and Page shown on tare first page hereof,
Deeds
Ely
M.. tar Of tdei
DECLARATION OF PROTECTIVE COVENANTS,
RESTRICTIONS, EASEMENTS, CHARGES, AND LIENS FOR
CANNONSGATE AT BOGUE SOUND
7112/05
BOOK-11L, PAGE,
NOTE: THIS DECLARATION CONTAINS BINDING, IRREVOCABLE

grade elevation. No permission or approval shall be required to repaint in accordance with an
originally approved color scheme, or to rebuild in accordance with originally approved plans
and specifications. Nothing contained herein shall be construed to limit the right of an Owner
to remodel the interior of his/her Dwelling or to paint the interior any color desired. In the
event the ARC fails to approve or to disapprove such plans or to request additional information
reasonably required within forty-five (45) calendar days after submission, the plans shall be
deemed approved; provided, however, that no such failure to act shall be deemed an approval
of any matters specifically prohibited by any other provision of this Declaration. Refusal or
approval of plans, specifications, and plot plans or any of them may be based on any grounds,
including purely aesthetic grounds, which, in the sole and uncontrolled discretion of the ARC,
may deem sufficient. The approvals required pursuant to this Article shall be in writing and
are in addition to any approvals required by other applicable governmental authority.
Nothing in this Declaration shall be construed to prohibit the ARC from -promulgating different
Guidelines and/or Procedures for each Phase or portion thereof of the Properties and the ARC
is specifically authorized to do so. Additionally, all Teasonable costs incurred by the ARC in
reviewing and approving applications to the ARC shall be the responsibility of the applicant.
Unless specifically waived by the ARC, all applications and submissions of plans for approval
by the ARC must be accompanied by an architectural review fee of $500.00 or such other sum
as is established by the ARC from time to time. Optional, preliminary plan approval may
obtained by submitting plans accompanied by a preliminary review fee of $100.00 or such
other sum as is established by the ARC from time to time. See Architectural Guidelines
Article 3.4 and 3.5.
Actual construction of Dwellings and other improvements shall be the responsibility of the
Owner of the Lot and the Owner's builder. Any permission granted for construction under
this covenant and any designation of approved licensed contractors shall not constitute or be
construed as an approval, warranty or guaranty, expressed or implied, by the Declarant or the
ARC or its designated agent of the structural stability, design or quality of any building or
other improvement or of the contractor who constructs such buildings or other improvements.
5 ection .. Buildings Fences Watts tp
, No building, fence, wall, deck, trellis,
gazebo, boat house, or other structure, and no change in topography, landscaping, or any other
item originally approved by the ARC, shall be commenced, erected, or maintained upon the
Properties, nor shall any exterior addition to or change be made until the plans and
specifications showing the nature, kind, shape, height, materials, color, and locations of the
same shall have been submitted to and approved in writing as to the harmony of the external
design and location in relation to the surrounding structures and topography by the ARC. Any
change in exterior appearance of any building, -wall, fence, or other structural improvements
and any change in the appearance of the landscaping shall be deemed an alteration requiring
approval.
�.s.�er. _ig,-r11�#�tlllc�e • No dock, pier,
landing, wharf, seawall/bulkhead or other structure shall be constructed, placed or allowed to
remain on any body of water, water course or the Intracoastal Waterway, unless approved in
writing by the Declarant.
Secd 4. ater
within Cannons ate at Bo All construction
g gue Sound shall comply with Title 15 NCAC 2H.1000, the Coastal

Stormwater Management Regulation:
(a) Which is intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW
under NCAC 2H.1000. 80M51 {, as issued by the Division of Water Quality
(b) The State of North Carolina is made a beneficiary of these covenants to the 'extent
necessary to maintain compliance with the stormwater management permit.
(c) These covenants are to run with the land and be binding on all persons and parties
claiming under them,
(d) The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
(e) Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality,
(f) The maximum allowable built -upon area per lot is as follows:
Lots 1-304, 347-368, 376-426: 3200 square feet
Lots 305-346, 483-514: 2600 square feet
Lots 369-375, 427-482, 515-525: 3000 square feet
These allotted amounts include arty built "n area constnXted within the lot property
boundaries, and that portion of the right-of-way betwa f ont
lot lineand e
of the pavement. Built upon area includes, but is net lWted to, structum-s, aapiralt,
concrete, gravel, brick, stone, slate, coquina and parldng are", but does not include
raised, open wood decking, or the water surface of swimming pools.
(9) This project proposes a curb outlet system. Each designat curs, outlets , e
shown on the approved plan must be maintained at a Minim= of 10IT long with 5:1
.(H:V) side slopes or flatter, have a longit0dirW slope no Steeper than S%,caM,;fie
flow from a 10 year storm in a non -erosive ma
cover. nnct, and Main a dense vegetated
(h) Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the development except for average driveway crossings, is strictly prohibited by
any persons.
(i) Each lot will maintain a 30' wide vegetated buffer between impervious areas and
surface waters.
0) All roof drains shall terminate at least 30' from the mean high water mark of
surface waters.
(k) Filling in, piping or altering any designated 5:1 curb outlet swale associated with
the development is prohibited by any person.
-

MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 11, 2015
Mr. Randy Allen, President
R.A. North Development, Inc.
3129 Springbank Lane
Charlotte, NC 28226
Subject: NOTICE OF DEFICIENCY
NOD 2012-PC-0061
Cannonsgate at Bogue Sound
Stormwater Permit No. SW8 050516
Carteret County
Dear Mr. Allen:
3 lu his = ���
wU' krt) ovN'. fi
On February 11, 2015, Kelly Johnson of the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) conducted a file review inspection as a follow up to November 7, 2014 file review inspection and the
September 23, 2014 site inspection for Cannonsgate at Bogue Sound in Carteret County to determine compliance with
Stormwater Management Permit Number SW8 050516 issued most recently on September 22, 2011. 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.
1. Section II(3): Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed in their
entirety, vegetated, and be operational for their intended use prior to the construction of any built upon surface,
per the approved plans. As discussed in the September 24, 2014 inspection report, there appear to be
stormwater measures that are not installed per the approved plan.
2. Section II(8): Please submit the required certification that the stormwater controls and impervious surfaces have
been constructed per the permit requirements. This certification has not been received.
3. Section III(5): The permit is not transferable to any person or entity except after notice to and approval by the
Director. I understand aer vour October 28, 2014 letter that the Homeowners Association (HOA) has assumed
you meet the req
Please inform this Office in writing before March 11, 2015, of the specific actions that will be undertaken and the time
frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this
letter by the due date, may initiate enforcement action including the. assessment of civil penalties of up to $25,000 per day.
If a written plan of action is not submitted to this office by March 11, 2015 then DEMLR staff will re -inspect the site and
issue a Notice of Violation if the listed deficiencies have not been addressed.
Additional Guidance:
R.A. North Development, Inc. is the current permittee per the most recent permit which was issued on September 22,
2011. This permit does not automatically transfer to the HOA with the sale of land. It has to be formally transferred through
the Division per Permit Section III(5). The Division received the attached transfer form from R.A. North Development, Inc.
on July 26, 2011, but the form was not signed by the HOA and so it was not executed. It is in the interest of both the HOA
and the developer to transfer this permit to the HOA. From the developer's perspective, if you do not transfer it you will be
responsible for it forever. From the HOA's perspective, if you do not eventually accept a permit transfer you can be
charged with operating without a permit.
Division of Energy, Mineral, and Land Resources
Land Quality Section+. — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • [phone] / Fax: [phone]

SW8 050516
February 11, 2015
In order to transfer the permit to the HOA, the permit either has to be in compliance or we have to have to come to some
sort of agreement between the two parties that will get the site into compliance. It is our understanding that some of the
stormwater measures may not be installed per the approved plan. Section II(8) of the permit requires a certification that
the project has been constructed in substantial compliance with the permit, and that certification has not been received.
As the permittee, R. A. North Development, Inc. is responsible for submitting the certification per the permit. As requested
in the September 30, 2014 letter, please submit this certification. If the site can be certified, then this project will be in
compliance. But, it is our understanding that there are missing swales (and potentially other items) that -may keep it from
being certified. The Division met with the HOA and Prestige Land Surveying about the situation on September 12, 2014,
and we have provided their pictures which highlight their concerns. We also created a diagram to show the location of the
swales of interest. We understand that water pools in one area of the development. Pooling water alone is not a violation
of the permit if the permit is constructed per approved plans. The issue is that there is an allegation that the permit is not
constructed per the plans. If the site cannot be certified that it has been constructed per the approved plans, please
contact me to discuss obtaining either a Plan Revision or a Permit Modification to change the permitted plan to a
configuration which can be certified. Please note that only the permittee can submit for a Plan Revision or Permit
Modification.
There is a related but separate issue at hand as well. There is an amenity pond on the plan that is not required by the
State Stormwater permit, and the HOA is concerned that this pond does not have an appropriate place to overflow. This is
a flooding issue, and is therefore beyond the scope of the State Stormwater permit. The Division does not have authority
to regulate flooding. But, if the State Stormwater permit is hindering a solution to this potential safety issue and we can
help you resolve it via a Plan Revision please let me know and we can discuss that further.
After these issues are resolved, we can transfer the permit to the HOA. Administratively, per SL 2011-256, we will need
the following documents to transfer the permit:
1.) Common area deeds showing that the HOA is the owner.
2.) Documentation showing that at least 50% of the development has been sold.
3.) Name/Ownership Change Form, available on our website http://portal.ncdenr.org/web/ir/state-stormwater-
forms docs under "miscellaneous forms". Please note that there are two forms. The one designated for HOAs is
pursuant to SL2011-256 which says that if the site is compliant and the appropriate documentation is submitted
then the permit can be transferred to the HOA without their signature. This form has a signature block only for the
outgoing (current) permittee and can be used if the site is in compliance. (Please note that this law has been
passed since the previous transfer form was submitted by the developer.) The other form has signature blocks
for both the outgoing (current) and incoming (proposed) permittee. We will use that form if we come to some
agreement between the developer and the permittee to get the site into compliance as discussed above so that
both sides can sign.
Please be reminded that if an ownership change, or a name change or a mailing address change has occurred, it is your
responsibility to submit a completed and signed Name/Ownership Change form to the Division. Please include the name,
mailing address and phone number of the party who is now responsible for this permit.
Page 2 of 3

SW8 050516
February 11, 2015
If you have any questions; please contact Kelly Johnson at the Wilmington Regional Office, telephone number (910) 796-
7331.
Since ly,
Georgette S
:i�
State Stormwater Supervisor
enc: Compliance Inspection Report, File Review, 2111/15
Compliance Inspection Report, File Review,11/7/14
Compliance Inspection Report, Site Inspection, 9/23114
Pictures from the HOA, 9/14/14
Diagram showing the location of the HOA's concerns
GDS/kpj: IllStormwaterlPermits & Projects120051050516 LD12015 02 NOD 050516
cc: Melissa Williams, RA Management, Inc., ([e-mail])
Glenn Dunn, Poyner & Spruill, ([e-mail])
Prestige Land Surveying,([e-mail])
Riley Horn, R.H. Construction & HOA,([e-mail])
Mr. Randy Allen, President, R.A. North Development, Inc.
7009 Whitemarsh Ct., Charlotte, NC 28201
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 3 of 3

Compliance Inspection Report
Permit: SW8060516 Effective:09/22/11 Expiration:
Project: Cannonsgate at Bogue Sound
Owner: R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
City/State/Zip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 2 - (Bogus Sound (Including Intracoastal Waterway)) (D3-05-03) ( SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) (SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 02/10/2015 Entry Time: 01:OOPM
Primary Inspector: Kelly Johnson
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: 03:OOPM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8050516
Inspection Date: 02/10/2015
File Review
Is the permit active?
Owner - Project: R A North Development Inc
Inspection Type Compliance Evaluation Reason for Visit: Routine
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: File Review Only. Certification Needed.
Yes No NA NE
❑ E ❑ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
page: 2

r
Compliance Inspection Report
Permit: SW8060616 Effective:09/22/11 Expiration:
Project: Cannonsgate at Bogue Sound
Owner: R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
City/StatefZip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) (SA;ORW)
On -Site Repmsentative(s):
Related Permits:
Inspection Data: 11/07/2014 Entry Time: 09:OOAM
Primary Inspector: Kelly Johnson
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)
Exit Time: 11:OOAM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit SW8050516 Owner - Project R A North Development Inc
Inspection Date: 11/07/2014 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? M ❑ ❑ ❑
Signed copy of the. Engineers certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
❑ F1 ❑ ❑
■ ■ ■
Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑
Comment: File review only. Emailed them clarification on the previous letter. Certification needed.
page: 2

Compliance Inspection Report
Permit SW8060516 Effectiv6:09/22/11 Expiration:
Project: Cannonsgate at Bogue Sound
Owner. R A North Development Inc
County: Carteret Adrass: NC Hwy 24
Region: Wilmington
City/State2ip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) ( SA;ORIN)
ORW - (Bogue Sound (including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 09/23/2014 EntryTime: 10:OOAM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Exit Time: 12:OOPM
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit SW8050516 Owner - Project: R A Norlh Development Inc
Inspection Date: 0912312014 Inspection Type Compliance Evaluation Reason for visit: Routine
Inspection Summary:
The inspection revealed that the stormwater system was not installed as per approved plans. Please install all approved
measures (swales) or revise stormwater plan.
page: 2

Permit: SW8050516 Owner - Project: R A North Development Inc
Inspection Date: 09/23/2014 Inspection Type Compliance Evaluation
File Review
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: Engineer's certification is not on file.
Operation and Maintenance agreement is not on file.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Reason for Visit:
Routine
Yes
No NA NE
■
❑ ❑❑
®❑
❑ ®❑ ❑
Yes No NA NE
❑ ❑❑2
I■N■I■l
❑■❑❑
Comment: At intersection of Hollins and Michelle Manor. swale 29 is not constructed as per approved plan, thus
drainaoe is not outieting and results in ponding in the street. Similar situations do occur at other swale
locations.
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
❑ ■❑❑
1■1■1■1■1
Comment: Majority of the swales indicated on the plans are not constructed or not constructed with the 1' depth.
5:1 side slopes. and 100' Iona. Some of the areas where swales should be constructed are blocked by
electrical boxes, trees, or sidewalks. The inlet of the curb commonly has a small rock pad and then
steps up to a sod lip preventing drainage.
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 1111110
DWQ upon request?
Comment: Stormwater measures not installled adequately.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ N ❑
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ® ❑
Comment:
page: 3

Ja+s 346 - 34-1
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Compliance Inspection Report
Permit SW8050516 Effective:09/22/11 Expiration:
Project: Cannonsgate at Bogue Sound
Owner: R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
City/State/Zip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) (SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 11/07/2014 Entry Time: 09:OOAM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Exit Time: 11:00AM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8050516 Owner - Project: R A North Development Inc
Inspection Date: 11/07/2014 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?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: File review only. Emailed them clarification on the previous letter. Certification needed.
E
❑ M ❑ ❑
■❑❑❑
■ ❑❑❑
page: 2

Johnson, Kelly
From: Johnson, Kelly
Sent: Friday, November 07, 2014 10:36 AM
To: '[e-mail] ; '[e-mail]';
'[e-mail];'[e-mail]'
Cc: Lambe, Brian; Scott, Georgette
Subject: SW8 050516, Cannonsgate Stormwater Permit
Attachments: Cannonsgate_Permit 2011.pdf; Can nonsgate_Transfer Form from Permittee Not HOA
2011.pdf; Cannonsgate_2014 Inspection Letter.pdf, 2014 09 pictures 050516.pdf; 201411
pictures 050516_diagram.pdf; 0000_Regulations_Transfer_1st Transfer Law SL2011-256
2011. pdf
All,
The Division has received separate questions from many of you about this project and so I will address them
all simultaneously via email in order to clear up any confusion that may exist stemming from the 9/30/14 letter
(attached), and to also start the conversation that will hopefully lead to permit compliance and transfer to the
HOA. The following parties are copied:
Melissa Williams, RA Management, Inc.
Glenn Dunn, Poyner & Spruill
Keith, Prestige Land Surveying
Riley Horn, R. H. Construction, Inc. & HOA
R.A. North Development, Inc. is the current permittee per the most recent permit which was issued on 9/22/11
and is attached for your reference. This permit does not automatically transfer to the HOA with the sale of
land. It has to be formally transferred through the Division [per Permit Section 111(5)1. The- Division received
the attached transfer form from R.A. North Development, Inc. on 7/26/11 but the form was not signed by the
HOA and so it was not executed. It is in the interest of both the HOA and the developer to transfer this permit
to the HOA. From the developer's perspective, if you do not transfer it you will be responsible for it forever.
From the HOA's perspective, if you do not eventually accept a permit transfer you can be charged with
operating without a permit. I would like to facilitate this transfer in any way that I can.
In order to transfer the permit to the HOA, the permit either has to be in compliance or we have to have to
come to some sort of agreement between the two parties that will get the site into compliance. It is my
understanding that some of the stormwater measures may not be installed per the approved plan. Section II(8)
of the permit requires a certification that the project has been constructed in substantial compliance with the
permit, and that certification has not been received.
As the permittee, R. A. North Development, Inc. is responsible for submitting the certification per the permit.
As requested in the 9/30/14 letter, please submit this certification. If the site can be certified, then this project
will be in compliance. But, it is my understanding that there are missing swales (and potentially other items)
that may keep it from being certified. I met with the HOA and Prestige Land Surveying about the situation on
9/12/14, and I have provided their pictures which highlight their concerns. I also created a diagram to show the
location of the swales of interest. I understand that water pools in one area of the development. Pooling water
alone is not a violation of the permit if the permit is constructed per approved plans. The issue is that there is
an allegation that the permit is not constructed per the plans. If the site cannot be certified that it has been
constructed per the approved plans, please contact me to discuss obtaining either a Plan Revision or a Permit
Modification to change the permitted plan to a configuration which can be certified.
There is a related but separate issue at hand as well. There is an amenity pond on the plan that is not required
by the State Stormwater permit, and the HOA is concerned that this pond does not have an appropriate place
to overflow. This is a flooding issue, and is therefore beyond the scope of the State Stormwater permit. The
Division does not have authority to regulate flooding. But, if the State Stormwater permit is hindering a solution

to this potential safety issue and we can help you resolve it via a Plan Revision please let me know and we can
discuss that further.
After these issues are resolved, we can transfer the permit to the HOA. Administratively, we will three
documents per SL 2011-256 which is attached:
1.) Common area deeds showing that the HOA is the owner.
2.) Documentation showing that at least 50% of the development has been sold.
3.) Name/Ownership Change Form, available on our website http://portal.ncdenr.org/web/ir/state-
stormwater-forms docs under "miscellaneous forms". Please note that there are two forms. The one
designated for HOAs is pursuant to SL2011-256 which says that if the site is compliant and the
appropriate documentation is submitted then the permit can be transferred to the HOA without their
signature. This form has a signature block only for the outgoing (current) permittee and can be used if
the site is in compliance. (Please note that this law has been passed since the previous transfer form
was submitted by the developer.) The other form has signature blocks for both the outgoing (current)
and incoming (proposed) permittee. We will use that form if we come to some agreement between the
developer and the permittee to get the site into compliance as discussed above so that both sides can
sign.
If you have further questions, please let me know how I can help you.
Thanks,
Kelly
►-6L�Jokvusow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]

Johnson, Kelly
From: Lambe, Brian
Sent: Friday, November 07, 2014 7:56 AM
To: Johnson, Kelly
Subject: FW: Cannonsgate
I believe this belongs in your hands... please?
Brian Lambe
Environmental Specialist
Land Quality Section
NC Division of Energy, Mineral, and Land Resources
[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Riley Horne Finailto:usatrapperC&aol.com]
Sent: Thursday, November 06, 2014 10:22 PM
To: Lambe, Brian
Subject: Cannonsgate
Mr. Lambe
Thanks for meeting with me in September. I was going over my storm water issues and notice your
Iatest letter that gave R. A. North until 10-31-2014 to respond to your office with a resoiution on all of
the storm water problems that they left Cannonsgate with. Could you please advise me of the
outcome or the fix that they are proposing. With that hefty fine that was in the letter I'm sure they
came up with something. Is there anything that I could help you with to get R. A. North to
completing the repairs?
Would it be okay to cut the road, put in a concrete swell and let the water cross the road? After
crossing ,the water would exit into one of the approved storm water swells. The area I am talking
about it the same one we talked about when I saw you in September.
Thanks for your help,
Riley Horn
R. H. Construction, Inc.
Work --- 919-553-8100
dlev(a)-rilevhorneconstruction.com
Cell 919-422-1800
Cannonsgate HOA Vice President
Cannonsgate BSA Treasurer

Compliance Inspection Report
Permit: SW8050516 Effective:09/22/11 Expiration:
Project: Cannonsgate at Bogue Sound
Owner: R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
City/State/Zip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03-) (SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) (SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 11/07/2014 Entry Time: 09:OOAM
Primary Inspector: Kelly Johnson
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)
Exit Time: 11:00AM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit SW8050516 Owner - Project: R A North Development Inc
Inspection Date: 11/07/2014 Inspection Type Compliance Evaluation
Reason for Visit: Follow-up
File Review
Is the permit active?
Signed copy of the Engineers 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: File review only. Emailed them clarification on the previous letter. Certification needed.
Yes No NA NE
■ ❑❑❑
■ ❑❑❑
❑ ❑ ❑
page: 2

Compliance Inspection Report
Permit: SW8050516 Effective:09/22/11 Expiration:
Project: Cannonsgate at Bogue Sound
Owner: R A North Development Inc
County: Carteret Adress: NC Hwy 24
Region: Wilmington
City/State/Zip: Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway)) (03-05-03) ( SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 06/01/2015 Entry Time: 09:OOAM
Primary Inspector: Kelly Johnson
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)
Exit Time: 01:OOPM
Phone: [phone]
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8050516
Inspection Date: 06/01/2015
File Review
Is the permit active?
Owner - Project: R A North Development Inc
Inspection Type Compliance Evaluation
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: File Review Only. Certification needed. See letter.
Reason for Visit: Follow-up
Yes No NA NE
■ ❑❑❑
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
page:

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
W1RO Regional Office
FILE ACCESS RECORD
SECTION SWP DATEITIME
NAME REPRESENTING
d
Guidelines for Access: The staff of the Regional Office is.dedicated to making public records in our
custody readily available to the public for review and copying. We also have the responsibility to the public
to safeguard these records and to carry out our day-to-day program obligations. - Please read carefully the
following before signing the form.
1. Due to the large public demand for file access, we request that you call at least a day in
advance to schedule an appointment for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p -m Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment will be limited to
five.
3. You may make copies of a file when the copier is not in use by the staff and if time permits.
There is no charge for 25 or less copies': cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area To remove, alter,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
2.
3.
4.
5.
SignaturMlame of Firm or Business Date Time In Time Out
(Please attach business card to farm if available)
air �z x �• S` �
# Copes: Amt. Pd: 5

Compliance Inspection Report
Permit: SW8050516 Effective: 06/02/05 Expiration: 06/02/15 Owner: R A North Development Inc
Project: Cannonsgate at Bogue Sound
County: Carteret NC Hwy 24
Region: Wilmington
Cape Carteret NC 28584
Contact Person: Randy Allen Title: President Phone: [phone]
Directions to Project:
Hwy 24 and Hwy 58 (5 miles North)
Type of Project: State Stormwater - Low Density
Drain Areas: 2 - (Bogue Sound (Including Intracoastal Waterway))
(03-05-03) (SA;ORW)
ORW - (Bogue Sound (Including Intracoastal Waterway))
(03-05-03) (SA;ORW)
On -Site Representative(s):
Related Permits:
Inspection Date: 05/16/2011 Entry Time: 11:30 AM
Primary Inspector: David W Cox
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: IN Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 01:30 PM
Phone: [phone]
Inspection Type: Transfer Renewal
Page: 1

Permit: SW8050516 Owner - Project: R A North Development Inc
Inspection Date: 05/16/2011 Inspectlon.Type: Transfer Renewal Reason for Visit: Routine
Inspection Summary:
This low Density Project has been deemed compliant and meets the intent of this State Stormwater Permit.
File Review Ygm Nn Ne NR
Is the permit active? 0111111
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? E ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? 01100
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment:
Page: 2