SW3160904_Compliance Inspection Report Email_20240206

Eplin, Jerry W
From: Eplin, Jerry W
Sent: Tuesday, February 6, 2024 11:19 AM
To: 'Jay Priester'; 'Barrett Blackburn'; 'Stephanie Le'
Cc: Leonard, Shannon; Callaway, Ian C
Subject: RE: [External] RE: Status update on Cabridge Village Denver SW3160904
Attachments: SW3160904_Compliance Evaluation Inspection Report.pdf
Hello Jay:
Attached is the compliance evaluation inspection report. The original will go out by US Mail. The report should be self-
explanatory, but I wanted to mention a couple of things via email.
FYI,the report indicates that the facility is non-compliant with the referenced permit, due to maintenance records and
lack of annual reports. However,we did not issue a notice of violation. The report basically says that you need to
comply with your permit by performing all required maintenance, keeping the maintenance records, and reporting
according to the permit requirements.
Regarding the level spreader issue,we are asking that you either install the wall that was proposed but not installed (as
we previously discussed), or another appropriate measure at that location to assure that water discharging from the
level spreader flows in the desired direction and not toward Baxley Lane.
Please let me know if you have questions about any of these issues.
As indicated,the Dam Safety group will respond directly related to whether this dam is considered a regulated dam.
Regards,
Jerry W. Eplin, PE
Assistant Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Office: [phone]
Email:[e-mail]
Physical and Mailing Address:
610 E. Center Ave. Suite 301
Mooresville, NC 28115
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
1

From: Eplin,Jerry W
Sent: Monday, February 5, 2024 3:47 PM
To:Jay Priester<[e-mail]>; Barrett Blackburn <[e-mail]>; Stephanie Le
<sml@cam bridgeprop.com>
Cc: Leonard, Shannon <[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: RE: [External] RE: Status update on Cabridge Village Denver SW3160904
Hello Jay:
The photo that you sent looks a lot better. Thanks for sending that.
I hope to get you something by email tomorrow related to the stormwater inspection.
The dam issue is handled out of Dam Safety in Raleigh. It will probably take longer for them to respond.
Jerry W. Eplin, PE
Assistant Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Office: [phone]
Email: merry.eplina-deg.nc.gov
Physical and Mailing Address:
610 E. Center Ave. Suite 301
Mooresville, NC 28115
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Email correspondence to and from this address is subject to the
North Caro/ina Public Records Law and may be disclosed to third parties
From:Jay Priester<[e-mail]>
Sent: Monday, February 5, 2024 9:09 AM
To: Eplin,Jerry W<[e-mail]>; Barrett Blackburn <[e-mail]>; Stephanie Le
<[e-mail]>
Cc: Leonard, Shannon <[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: RE: [External] RE: Status update on Cabridge Village Denver SW3160904
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Jerry,
The small trees on the back of the berm have been cut and the tall grass at the back of the berm has also been cut. (see
picture below)
2

I saw our dam application has been received by DEQ. Can you please advise to status of your offices approval of the
compliance with the storm pond?
3

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CAM GRID-GE
PROPERTIES
John J. Priester,Jr., President
CAMBRIDGE PROPERTIES, INC.
831 E. Morehead Street, Suite 245
Charlotte, NC 28202
(0)704.333.2393 x108
(F)704.333.2394
(C)704.577.7100
From:Jay Priester
Sent:Tuesday,January 30, 2024 10:00 AM
To: Eplin,Jerry W<[e-mail]>; Barrett Blackburn <[e-mail]>; Stephanie Le
<smI@cam bridgeprop.com>
Cc: Leonard, Shannon <[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: RE: [External] RE: Status update on Cabridge Village Denver SW3160904
Jerry,
As a follow up to our meeting on site January 25, 2024, we are looking for the additional maintenance records per your
request. As previously shared with you we did have the annual inspections. Attached please find the requested as
builts, engineers certification, and transmittal to your office from 2018. We are currently having the scrub trees
removed on the back side of the berm and will be seeding and straw matting areas on the back of the berm that need
additional ground cover. Please send a list of any additional pond work related you need completed for it to be in full
compliance with the permit.
Lastly,we have attached the dam hazard review form that you provided. Based upon that completion and review of the
requested form we have signed a contract with AMT Engineering to do the DBIZ analysis and EAP. The report will be
ready and submitted to DEQ within 8 weeks.
Jay
CAMBRIDGE
PROPFRTIFS
John J. Priester,Jr., President
CAMBRIDGE PROPERTIES, INC.
831 E. Morehead Street, Suite 245
Charlotte, NC 28202
(0)704.333.2393 x108
(F)704.333.2394
(C)704.577.7100
From: Eplin,Jerry W<[e-mail]>
Sent:Thursday,January 18, 2024 3:46 PM
To:Jay Priester<[e-mail]>; Barrett Blackburn <[e-mail]>; Stephanie Le
<smI@cam bridgeprop.com>
5

Cc: Leonard, Shannon <[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: RE: [External] RE: Status update on Cabridge Village Denver SW3160904
Looking at the weather forecast,we are supposed to get a good rain on Wednesday,January 24t", and the morning
of Thursday,January 25t". Our current plan is to leave Mooresville around 9:30 AM on the 25t"to visit this site for
the inspection.
Let us know if one of you can be there.
Regards,
Jerry W. Eplin, PE
Assistant Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Office: [phone]
Email: merry.eplina-deg.nc.gov
Physical and Mailing Address:
610 E. Center Ave. Suite 301
Mooresville, NC 28115
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From:Jay Priester<[e-mail]>
Sent:Wednesday,January 17, 2024 10:05 AM
To: Eplin,Jerry W<[e-mail]>; Barrett Blackburn <[e-mail]>; Stephanie Le
<smI@cam bridgeprop.com>
Cc: Leonard, Shannon <[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: RE: [External] RE: Status update on Cabridge Village Denver SW3160904
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Jerry,
Please send the date of the plan that you shared in the snip picture below. This is not consistent with our approved
plans.
The corrections with pictures were in the reports that I attached on my previous email.
When is your earliest availability to meet on site? We are in under contract to sell the center and I want to resolve this
prior to the sale.
6

Jay
IL-
CAM GRID-GE
PROPERTIES
John J. Priester,Jr., President
CAMBRIDGE PROPERTIES, INC.
831 E. Morehead Street, Suite 245
Charlotte, NC 28202
(0)704.333.2393 x108
(F)704.333.2394
(C)704.577.7100
From: Eplin,Jerry W<[e-mail]. ov>
Sent:Tuesday,January 16, 2024 4:11 PM
To:Jay Priester<[e-mail]>; Barrett Blackburn <[e-mail]>; Stephanie Le
<smI@cam bridgeprop.com>
Cc: Leonard, Shannon <[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: RE: [External] RE: Status update on Cabridge Village Denver SW3160904
Hello Mr. Priester. Thank you for responding. After reviewing the file, I have questions that were not previously
dicussed at the site. I would also like to visit the site while it is raining, or immediately after a rain,just as you
have. The last official DEQ compliance inspection was in 2022,therefore we intend to have another compliance
inspection as indicated. One question that I have is related to the level spreader/basin design. Based on the
drawings that were submitted, it appears there is a retaining wall that is supposed to run from the wall near the
level spreader,toward NC16 (seethe part circled in red below). Looking at the level spreader photos(seethe
photo below), I do not see that wall. If that wall were installed as designed, it appears that it would help direct
water in the desired direction. If that wall was not installed, even with the 57 stone added to the corner of the level
spreader,water that spills over at that corner could flow toward the right in the photo below, rather than the
desired direction. Can you comment about whether this wall was installed as designed?
Regarding repairs that have been made, please just clarify what repairs were made. You can do that by email with
photos if you would like.
Thank you for understanding. Coming in on the back end of this project as I am, and still receiving complaints, I
want to make sure that we address any problems if they exist. If none exist,than that is great-we will document
that and move on.
The dam issue is something that is separate from the stormwater issues and we will look forward to reviewingyour
submittal.
Regards,

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Jerry W. Eplin, PE
Assistant Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Office: [phone]
Email: merry.eplina-deg.nc.gov
Physical and Mailing Address:
610 E. Center Ave. Suite 301
Mooresville, NC 28115
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imelil t�?E n.n� wr iw I q.+L'r
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From:Jay Priester<[e-mail]>
Sent:Tuesday,January 16, 2024 2:01 PM
To: Eplin,Jerry W<[e-mail]>; Barrett Blackburn <[e-mail]>; Stephanie Le
<sml @cambridgeprop.com>
Cc: Leonard, Shannon<[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: [External] RE: Status update on Cabridge Village Denver SW3160904
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Jerry,
8

Thank you for your email. It is our understanding the complaints are from 1 local resident,who does not have any
qualifications in civil engineering, stormwater ponds, or hydrology. We fixed the non-compliance deficiencies December
17, 2022 and notified your office. There has not been ongoing drainage going down Baxley Road since the fix which is
why the algae growth that was noted in your report is gone (for over a year now). In the dropbox link below there is a
folder"SWM Pond Pictures 12.17.22",which you will see the corrections to the pond.
We met with Ian Callaway on January 3, 2024 at the pond. We reviewed the pond and Ian shared that he and he
supervisor looked at the pond in mid-2023 and confirmed it appeared to be incompliance, but he wanted to look at it
after a rain event, but it got pushed down to the bottom of his list and didn't get reinspected by your department. At on
our site meeting January 3, Ian noted the cattails in the pond,which we have cut(see dropbox"SWM Pond 1.14.24"
pictures,the cuttings are scheduled to be removed from the pond once the rain clears up). We told Ian that we would
take pictures during the next rain event and a couple days after. The following rain event on January 6t"we took a video
during the rain, see "SWM Pond Video 1.6.24" in the dropbox. On January 8t"' in the morning we took pictures showing
it was dry("SWM Pond Pictures 1.8.24"). Ian felt that we could obtain a letter from your office confirming compliance
once you had these pictures. Please confirm if you have any questions or concerns with the pond. We are happy to
meet on site at your earliest opportunity and we bring our civil engineer if needed. We would like to have compliance
letter as soon as possible.
Denver SW Pond
Per your request, I have attached the 2022 and 2023 inspection report.
As for the "Jurisdictional Determination/Hazard Classification Request",this is the first I have ever heard about this
request. The dam was designed and reviewed 8 years ago. I will review the form and get back to you on it with any
questions.
Please confirm your acceptance of compliance with the pond and when you can send a letter of compliance.
Thank you,
Jay
{ r1_1BR] D it
John J. Priester,Jr., President
CAMBRIDGE PROPERTIES, INC.
831 E. Morehead Street,Suite 245
Charlotte, NC 28202
(0)704.333.2393 x108
(F)704.333.2394
(C)704.577.7100
From: Eplin,Jerry W<[e-mail]. ov>
Sent:Tuesday,January 16, 2024 10:57 AM
To:Jay Priester<[e-mail]>; Barrett Blackburn <[e-mail]>; [e-mail]
Cc: Leonard, Shannon<[e-mail]>; Callaway, Ian C<[e-mail]>
Subject: Status update on Cabridge Village Denver SW3160904
Cambridge Properties Personnel:
9

Our office has received multiple complaints related to water running into the road nearby the stormwater pond at
the referenced site. Upon reviewing our files and database, I found inspection reports from 2021 and 2022
indicating non-compliance issues related to the post construction stormwater permit. AJuly 2022 letter from our
office to Cambridge Denver LLC,Attention George Maloomian indicated that repairs to the level spreader were
needed, requested an investigation into the seepage hole below the retaining wall west corner, and requested that
a plan for repair and maintenance of the basin as well as the BMP inspection and maintenance records be sent to
the Mooresville Regional Office by August 30, 2022.
Upon reviewing our file, these additional requested records could not be located. Email records after August 20,
2022, appear to indicate that some repairs were being made at the site. The current status of these issues is
currently unclear to our office.
Someone from our office will be in touch with you within the next month to conduct a Stormwater Inspection at
this site. The purpose of this email is to request that someone from your group meet us on site and bring copies of
all the BMP operation and maintenance records, as well as copies of any records or Engineering Reports related to
the drainage issue.
Additionally, upon viewing aerial photographs of the site, it appears the stormwater pond has a dam that is
immediately upgradient of a busy road. Please see the attached Jurisdictional Determination/Hazard
Classification Request form. Please complete the referenced form and submit as described on the form so that
the jurisdictional status of the referenced dam may be determined. With a proximity so close to a major road, it is
likely that this dam could be classified as a high-hazard dam. If this form has been previously submitted, please
provide a copy.
Please let me know if you have any questions.
Regards,
Jerry W. Eplin, PE
Assistant Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Office: [phone]
Email: merry.eplina-deg.nc.gov
Physical and Mailing Address:
610 E. Center Ave. Suite 301
Mooresville, NC 28115
Np�+TIi t:Al�7.�hN �
94wro"W alF%Pjr 'nrn la I Wry
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
10

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
11

ROY COOPER
Governor
ELIZABETH S.BISER
Secretary ' .
WILLIAM E.TOBY VINSON,JR. NORTH CAROOKA
Interim Director
February 6,2024
Cambridge- Denver LLC
Attn: Mr. George L. Maloomian,Manager
831 East Morehead Street, Suite 245
Charlotte,North Carolina 28202
Subject: COMPLIANCE EVALUATION INSPECTION
Stormwater Permit SW3160904
Lincoln County
Dear Mr. Maloomian:
On January 25,2024,a site inspection was conducted for the Cambridge-Denver facility located at NC Highway
16 and Baxley Lane, in Denver,Lincoln County,North Carolina.A copy of the Compliance Inspection Report
is enclosed for your review.The site visit and file review revealed that the subject facility is covered by NPDES
Stormwater Permit SW3160904.
As a result of the inspection,the facility was found to be noncompliant with the conditions of the SW3160904
permit. Please refer to the enclosed Compliance Inspection Report for additional comments and observations
made during the inspection.
Please be advised that violations of the NPDES Stormwater General Permit are subject to a civil penalty
assessment of up to $25,000 per day for each violation. If you or your staff have any questions, comments,
or need assistance with understanding any aspect of your permit,please contact me at(704) 235-2100 or via e-
mail [e-mail].
Sincerely,
DocuSigned by:
4A35D6B02802438...
Jerry W. Eplin, PE
Assistant Regional Engineer
DEMLR
Enclosure:Compliance Inspection Report
c: John J. Priester,Jr.,President, Cambridge Properties,Inc.,
831 E.Morehead Street, Suite 245,Charlotte,NC 28202
DEMLR NPDES Stormwater Permit Laserfiche File
North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 1 610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115
704-235-2100

Compliance Inspection Report
Permit: SW3160904 Effective: 11/01/16 Expiration:
Project: Cambridge Village
Owner: Cambridge Denver LLC
County: Lincoln Adress: NC Hwy 16 And NC Hwy 73
Region: Mooresville
City/State/Zip: Denver NC 28037
Contact Person:George Maloomian Title: Phone:[phone]
Directions to Project:
500 If north of intersection of hwy 16&hwy 73 and fronting nc hwy 16 for 99 If.
Type of Project: State Stormwater-General Permit
Drain Areas: 1 -(Forney Creek) (03-08-33)(C)
On-Site Representative(s):
Related Permits:
Inspection Date: 01/25/2024 Entry Time 09:45AM Exit Time:01:OOPM
Primary Inspector: Jerry W Eplin Phone:[phone]
Secondary Inspector(s):
Ian C Callaway
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1

Permit: SW3160904 Owner-Project: Cambridge Denver LLC
Inspection Date: 01/25/2024 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The pond appears to have been maintained except for a growth of cattails. The cattails have been recently cut.
Cattails should be treated when appropriate following Department of Agriculture guidelines.
The approved drawings for Wet Pond #1 show a wall close to ground level extending approximately 30 feet to
the north from the western edge of the level spreader. The referenced wall was not installed. Installation of the
wall as per approved plans should proceed, or an alternative appropriate measure should be provided to
assure that water from the level spreader flows in the desired direction and not toward Baxley Lane.
The permittee needs to perform and keep records of maintenance as required in Part II of the referenced permit
and as per the signed Operation and Maintenance Agreement. Additionally, annual reports as per Part II #4 of
the permit are required.
page 2

Permit: SW3160904 Owner-Project: Cambridge Denver LLC
Inspection Date: 01/25/2024 Inspection Type Compliance Evaluation Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? N ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? 0 000
Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ N ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment: The approved drawings for Wet Pond 1 show a wall at approximately ground level proceeding to
the north approximately 30 feet from the western edge of the level spreader. That wall does not
appear to have been installed.
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 ❑ 0 ❑ ❑
provided to DWQ upon request?
Comment: Pond appears to be maintained, except for a large growth of cattails. The cattails had been
recently cut down at the time of this inspection. The cattails should be treated when appropriate
following Department of Agriculture guidelines.
Only a portion of the maintenance and inspection records were available.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ 0 ❑ ❑
Comment: Annual reports meeting the requirements outlined in the permit have not been submitted.
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ 0 ❑
Comment:
page 3