HomeMy WebLinkAboutSW8981008_HISTORICAL FILE_20110718 STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8Qg(u)l
DOC TYPE ❑ CURRENT PERMIT
APPROVED PLANS
L� HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE ao(( ol- (A
YYYYMMDD
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NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 18, 2011
W. Christopher Stephens, President
Landmark Developers, Inc.
P.O. Box 4217
Wilmington, NC 28406
Subject: Approved Plan Revision
Magnolia Greens Section 9 & 10
Stormwater Project No. SW8 981008
Brunswick County
Dear Mr. Stephens:
On June 16, 2011, the Wilmington Regional Office received a plan revision for
Stormwater Management Permit Number SW8 981008. The revisions include the as
built relocation of Pond 9-1 . It has been determined that a formal permit modification is
not required for the proposed changes. We are forwarding you an approved copy of the
revised plans for your files. Please replace the old approved plan sheet with the new
one.
Please.be aware that all terms and conditions of the permit issued on September 18,
2001, remain in full force and effect. Please also understand that the approval of this
revision to the approved plans for the subject State Stormwater Permit is done on a
case-by-case basis. Any other changes to this project must be approved through this
Office prior to construction. The issuance of this plan revision does not preclude the
permittee from complying with all other applicable statutes, rules, regulations or
ordinances which may have jurisdiction over the proposed activity, and obtaining a
permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call
Georgette Scott or me at (910) 796-7215.
Sincerel
David Cox
Environmental Senior Specialist
GDS\dwc: S:\WQS\STORMWATER\PERMIT 2011
cc: Davis Fennell
Brunswick County Building Inspections
Georgette Scott
Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 _ One
Phone:910-796-7215\FAX:910-350-2004\Customer Service:1-877-623-6748 NOrthCarotlna
Internet:wew.ncwaterquality.org
An Equal Opportunity l Affirmative Action Employer Naturally
DWQ USE ONLY
Date Received Fee Paid (express only) Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW981008 Modification
2. Project Name: Magnolia Greens Sections 9&10(Parcels E&O)
3. Permit Holder's name(specify the name of the corporation,individual,etc.):
Landmark Developers,Inc. - C EI V
4. Print Owner/Signing Official's name and title(person legally responsible for per[,it): JUN 16 2011
W.Christopher Stephens, President BY:
5. Mailing Address for person listed in item 2 above:
PO Box 4127
City:Wilmingon State:NC Zip:28406
Phone: (910 ) 392-7201 Fax: (910 ) 799-1455
Email:wcstephetis@laiidnico.com
It. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed):
To relocate the outlet structure for approved Pond 9-1. No other changes to the plan or ponds is proposed.
II1. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the DWQ Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initi s
• Original&1 copy of the Plan Revision Application Form
• Two(2)copies of revised plans (must be revisions of original approved plan sheet(s))
If applying for Express review (only available in 20 coastal counties): //�^
• Application fee of$500.00 (made payable to NCDENR) �
Vt. APPLICANT'S CERTIFICATION
I, (print or hype name of person li fe in General I ifo n tion, item ) If.. Christopher Stephens
certify that I have a rized se plan re i 'a e information included on this plan revision
application is,toF
of kno a ect a lete.
^/ P, ( rr you
Signatures ems. Da
Plan Revision Form Rev 13July2010 Page I of I
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E N G I N E E R I N G n
June 10, 2011
Ms. Georgette Scott
Stormwater Supervisor, Division of Water Quality
NCDENR
127 Cardinal Drive Extension I =CEIVEI�
Wilmington,NC 28405
Subject: Plan of Action— Status Update JUN 1 6 2011
Magnolia Greens Sections 9 & 10 BY;
Stormwater Permit No. SW8 981008
NOV-2010-PC-1154
Ms. Scott:
In a letter dated February 25, 2011, we informed you of our efforts to verify wetland locations
with the US Army Corps of Engineers in order to complete a required plan revision. The
wetlands have been verified and the plan revision prepared. Attached please find for your review
and approval the following:
• Original + 1 copy—Plan Revision Application
• 2 copies—Revised Plans and Details
• 1 copy—Wetland Determination.
The intent of the plan revision is to show a relocated outlet structure for the stormwater pond 9-
1. All other elements of the plan and BMP's have been constructed as approved.
I trust this information is sufficient to demonstrate a continued effort to resolve the issues
described in the NOV and to satisfy the conditions and requirements of the permit. Upon
approval of this plan revision, I will certify the construction of Pond 9-1 and the applicant will
submit a permit renewal application. Please contact me if you have any additional questions,
comments, or require additional information regarding this matter.
Respectf 11y,
K. Davis Fennell, PE
cc: Chris Stephens, Landmark Developers
Enclosure
2107 Laurel Oak Way I'hone:(910)338-5006
Leland,NC 28451 Fu :(910)338-5202
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2011-00598 County: Brunswick U.S.G.S.Quad: Leland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Magnolia Greens Master Association,Inc.
Attn: Chris Stephens
Address: 2502 S. 171"Street
Wilmington, NC 28401
Telephone No.: 910-392-7201
Property description:
Size(acres) —1 Nearest Town Leland
Nearest Waterway Sturgeon Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates N 34.2294,W-78.0488
Location description The property is located off of Willow Pond Lane,behind homes on the Magnolia Greens course
fairway, Brunswick County,North Carolina. Parcel No.037JF024.
Indicate Which of the Following Apply: RECEIVED
IVED
A. Preliminary Determination JUN 16 2011
Based on preliminary information,there may be wetlands on the above described prope Y1V✓e strongly suggest you have
this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considere ma,a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of
this notification.
X There are waters of the U.S. on the above described property subject to the permit requirements of Section 404
of the Clean Water Act(CWA)(33 USC& 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation,you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S.on your property have been delineated and the delineation has been verified by the
Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S.,to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our
published regulations,this determination may be relied upon for a period not to exceed five years from the date of this
notification.
I
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management
Act(LAMA). You should contact the Division of Coastal Management in Wilmington. NC at(910)796-7215 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program,please contact Emily Hughes at 910-251-4635.
C. Basis For Determination
This site contains a waterbody that exhibits an ordinary high water mark and is an unnamed tributary to Sturgeon
Creek. This determination is based on information submitted by David Scibetta of the Southern Environmental Group,
Inc.and a field determination by Emily Hughes on March 17,2011.
D. Remarks
k Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination,you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Emily Hughes,Project Manager,
,Wilmington Regulatory Field Office
69 Darlington Ave.
Wilmington,North Carolina 28403-1398
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for
appeal under 33 CFR part 331.5,and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 7/06/11.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date May 6,2011 Expiration Date May 6,2016
Action Id.SAW-2011-00598
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so,please complete the Customer Satisfaction Survey located at our website at http://reeulatorv.usacesurvey.com/ to
complete the survey online.
Copy furnished:
David Scibetta,Southern Environmental Group, Inc.5315 South College Road,Suite E, Wilmington, NC 28412
ICAaTION OVANDMINISTRAUT iI1TE�A�PPE�AL OPT ONS'AND�ERO_CIrSS4AIVD
r r "IRE,Q IST+F ff4?APPE*L, e I
s s ,
Applicant: Magnolia Greens Masters File Number: SAW-201 I- Date: 5/6/2011
Association, Inc. 00598
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT(Standard Permit or Letter of permission) B
PERMIT DENIAL C
D
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION E
c v w,u r t o a r sm e., ,;� v n^ nt va.vn r uz e n5v'i
PSECTIONtII`T���The�follovnng;tdenttfies�your,(nghts�'andlopttoistregarihng�an+Iadintntstrattve�appeal�ofrthelaboyten�
w>-•_'7l'T 1 La
tdectsron7,Addrtronal mformatron maylbelfound at$httu //www usace army�ntUmet/fimcttons/cw/cecwo/regyor�l4�„u
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the
permit be modified accordingly. You must complete Section If of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the
permit to address all of your concerns,(b)modify the permit to address some of your objections, or(c)not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer
will send you a proffered permit for your reconsideration,as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: if you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit, including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding
the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be
appealed), by contacting the Corps district for further instruction. Also you may provide new information for further
consideration by the Corps to reevaluate the JD. y
42t 1 '11 n'� A,,�i 2�B.'061'G �a�'I.r�I.'3-yPi`.y�11i N'f F�ilrlGl+�y o'iG"t.!�:.' .al �� r I�if 1111"� �alli,�i"I�rIJ"I'i"1''
�SECTION�IIr,��REQ,UES; � FORDP,PPE�AAL�oc�OBJECT"IQNS�TO!AiV�(INITI'ALdPROFFERED�PE.RMIT„�,„��r, �;�,'p;�';;"I
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to
an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where
your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps
memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer
has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information
or analyses to the record. However,you may provide additional information to clarify the location of information that is
already in the administrative record.
!POINT,10E,rCONTtX'CTFOR�Q.UESTIONSJORpINF,ORVAAin, ON:rru,9 'IfiJlc.iil leife ?" vdlhnllt Ni.%�iuuvvuund' Sohn, iius
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you
appeal process you may contact: may also contact:
District Engineer, Wilmington Regulatory Division Mr. Mike Bell, Administrative Appeal Review Officer
Attn: Emily Hughes, Project Manager, CESAD-ET-CO-R
Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
69 Darlington Ave. 60 Forsyth Street, Room 9M 15
Wilmington,North Carolina 28403-1398 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15
day notice of any site investigation,and will have the op rtuni to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Emily Hughes, Project Manager,Wilmington
Regulatory Field Office,69 Darlington Ave.,Wilmington, North Carolina 28403-1398
For Permit denials and Proffered Permits send this form to:
Division Engineer,Commander, U.S. Army Engineer Division,South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street,Room 9M15,Atlanta,Georgia
30303-8801
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ECpFEB252p
E N G I N E E R I N Gn
11
February 25, 2011
Ms. Georgette Scott
Stormwater Supervisor, Division o1'Water Quality
NCDENR
127 Cardinal Drive Extension
Wilmington,NC 28405 REi CE+ IVED
Subject: Plan of Action— Status Update FEB 2 5 2011
Magnolia Greens Sections 9 & 10
Stormwater Permit No. SW8 981008 L
.----
NOV-2010-PC-1154
Ms. Scott:
In a letter dated December 30, 2010, we provided to you the following Plan of Action to resolve
the issues described in NOV-2010-PC-1154 for Magnolia Greens Sections 9&10:
1. A preliminary as-built survey of the constructed ponds confirms that they were
constructed in substantial compliance with the permitted design plans. As noted, there
are issues with maintenance that require corrective action. The design elevations for all
pertinent features must be restored and documented with an as-built survey prior to
completion of the designers certifications. The field work and associated as-built survey
will be completed no later than March 1, 2011.
2. The main body of Pond #9 is constructed in accordance with the approved design plans,
but the outlet structure was relocated north of the existing cart path to the feature noted
on the approved plans as an existing golf cart ditch. The existing pond connects to the
ditch and outlet structure via. a pipe under the cart path. The relocated structure is just
outside the permitted project boundary but lies in a dedicated easement. A revision to the
approved plans is required to document the relocated outlet structure but a permit
modification should not be necessary. A plan revision documenting the relocation of the
outlet structure will be submitted for review and approval no later than March 1, 2011.
3. The designers certification for ponds 9 and 10 will be completed as soon as possible upon
the restoration of all design elevations in the constructed ponds, the completion of all
maintenance and repairs as noted in the inspection report, and receipt of approval for a
plan revision to document the relocated outlet structure at pond 9.
The following is an update to the status of the Plan of Action:
1. The corrective actions required for the ponds has been completed and the field work
documented with an as-built survey. This item is complete. David Cox inspected the
work on February 17, 2011 and found all work to be compliant with no further
corrective action required.
2107 Laurel Oak Way Phone:(910)338-5N6_
Leland,NC 28451 Fax:(910)338-5202
2. The proposed plan revision requires confirmation of wetland information by the US
Army Corps of Engineers, and we have not yet been able to obtain that confirmation
due to availability of Corps staff. A field appointment is set for March 17, 2011 for
confirmation of the consultants determination. The proposed plan revision will be
completed as soon as possible after confirmation is received and the field data is
surveyed for presentation on the plans.
3. The designers certification for Pond 10 is complete and attached for your review and
approval. The designers certification for Pond 9 will be submitted for review and
approval upon approval of the proposed plan revision as described above.
I trust this information is sufficient to demonstrate a continued effort to resolve the issues
described in the NOV and to satisfy the conditions and requirements of the permit. Please
contact me if you have any additional questions, comments, or require additional information
regarding this matter.
R�elly,
k-
4�
K. Davis Fennell, PE
cc: Chris Stephens, Landmark Developers
Enclosure
Georgette Scott
02/25/I1
Page 2 of 2
State Stormwater Management Systems
Permit No. SW8 981008 Modification
Magnolia Greens Sections 9 & 10 (Parcels E and O) Pagel of 2
Stonnwatcr Permit No. S W 8 981008 Modification
Brunswick County
Designer's +C//ertification
I, K ��at`>FGNNBU� as a duly registered ?Zo9EV�tQ1AL in
the State of North Carolina,having been authorized to observe(periodically4makjo=34M the construction of
the project,
?rasp l0 m MA6AQUA 12V_ee► em S...,.ws ck f kO (Project)
for �At►�t✓`AYQ1'ct6tA176t�IN� • (Project Owner)hereby state that,to the best ofmy abilities,due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
��ATCD.c.taEA NtT6s� GNeuLuST
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Signature
�. Q�pE S/p�K�
Registration Number 0746709
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7
State Stonnwater Management Systems
Permit No. SW8 981008 Modification
Certification Requirements: Page 2 of 2
Al. The drainage area to the system contains approximately the permitted acreage.
-J�J 2. The drainage area to the system contains no more than the permitted amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the runoff drains to the system.
J�J 4. The outlet/bypass structure elevations are per the approved plan.
Ad5. The outlet structure is located per the approved plans.
'4-6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
.Ad 9. The inlets are located per the approved plans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided,such as a vegetated shelf,a forebay,and the vegetated
filter.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspections
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E N G I N E E R I N Gn
December 30, 2010
Ms. Georgette Scott
Stormwater Supervisor, Division of Water Quality
NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Magnolia Greens Sections 9 & 10
Stormwater Permit No. SW8 981008
NOV-2010-PC-1154
Ms. Scott:
We are in receipt of the Notice of Violation issued November 16, 2010 regarding Magnolia Greens
Sections 9 & 10 and offer the following Plan of Action to resolve the issues described in your letter:
1. A preliminary as-built survey of the constructed ponds confirms that they were constructed in
substantial compliance with the permitted design plans. As noted, there are issues with
maintenance that require corrective action. The design elevations for all pertinent features must
be restored and documented with an as-built survey prior to completion of the designers
certifications. The field work and associated as-built survey will be completed no later than
March 1, 2011.
2. The main body of Pond #9 is constructed in accordance with the approved design plans, but the
outlet structure was relocated north of the existing cart path to the feature noted on the approved
plans as an existing golf cart ditch. The existing pond connects to the ditch and outlet structure
via. a pipe under the cart path. The relocated structure is just outside the permitted project
boundary but lies in a dedicated easement. A revision to the approved plans is required to
document the relocated outlet structure but a permit modification should not be necessary. A plan
revision documenting the relocation of the outlet structure will be submitted for review and
approval no later than March 1, 2011.
3. The designers certification for ponds 9 and 10 will be completed as soon as possible upon the
restoration of all design elevations in the constructed ponds, the completion of all maintenance
and repairs as noted in the inspection report, and receipt of approval for a plan revision to
document the relocated outlet structure at pond 9.
I trust this information is sufficient to satisfy the response requirements of your November 16, 2010 letter.
The proposed plan revision and all corrective actions will be coordinated with David Cox of your office.
In the interim, please contact me if you have any additional questions, comments, or require additional
information regarding this matter.
Respectfully,
/do-c*# REC'D DEC 3 0 2010
K. Davis Fennell, PE
cc: Chris Stephens, Landmark Developers
2107 Laurel Oak Way Phone:(910)338-5606
Leland,NC 28451 Fax:(910)338-5202
���
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 16 2010
Mr. Christopher Stephens, President
Landmark Developers, Inc.
P.O. Box 4127
Wilmington, NC 28yo&
Subject: NOTICE OF VIOLATION, NOV-2010-PC-1154
Magnolia Greens Sections 9 & 10
Stormwater Permit No. SW8 981008
Brunswick County
Dear Mr. Stephens:
On November 15, 2010, Wilmington Regional Office personnel performed a Compliance
Inspection or file review of the subject project, located at Hwy 17 in Leland, Brunswick
County, North Carolina. The inspection was performed to determine the status of
compliance with Stormwater Permit Number SW8 981008, issued to you on September
18, 2001.
The project has been found in violation of Stormwater Permit Number SW8 981008 ,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Failure to certify the stormwater system. A file review revealed that this
office has not received a Designers Certificate.
Permit condition states that upon completion of construction, prior to issuance of a
Certificate of Occupancy, and prior to operation of this permitted facility, a certification
must be received from an appropriate designer for the system installed certifying that
the permitted facility has been installed in accordance with this permit, the approved
plans and specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification.
2. The inspection also revealed a lack of routine maintenance being performed.
Because of lack of maintenance, it was observed that pond 9's forebay is full
of sediment and the slopes are eroding.
3. In addition, pond 9 has been modified from the original plan. This
unapproved modification consists of a golf cart path running through the
pond, which is also causing considerable erosion.
4. Pond 10's north storage berm has blown out and has made the temporary
storage of the design storm nonexistent.
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North.Carolina 28405 One
Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 North Carol i n a
Internet:www.nmaterquality.org Natf`H���-
i, An Equal Opportunity l Affirmative Action Employer Fbl [ J
November 16, 2010
Magnolia Greens Sections 9 & 10
Stormwater Permit No. SW8 981008
To correct these violations you must:
1. Provide a written 'Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before January 2, 2011.
2. Submit the required Designers Certificate.
3. Correct the above-mentioned maintenance issues, that are also included
in the attached inspection report.
Failure to provide the 'Plan of Action" by January 2, 2011, or to correct the violations by
the date designated in the 'Plan of Action", are considered violations of 15A NCAC
2H.1000, and may 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 Brunswick County 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 David Cox at (910) 796-
7215.
Sincerely,
� - ` 5�
s
Georgette Scott
Stormwater Supervisor
Division of Water Quality
GDS\dwc: S:\WQS\STORMWATER\NOTICE\981008.nov10
cc: Davis Fennell, P.E.
Brunswick County Building Inspections
John Hennessey
Georgette Scott
Central Files
WiRO
Page 2 of 4
_ r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
August 24, 2010
Mr. W. Christopher Stephens, President
Landmark Developers, Inc.
P. O. Box 4127
Wilmington, NC 28406-4127
Subject: PERMIT RENEWAL REQUEST
Stormwater Permit No. SW8 981008
Magnolia Greens Sections 9 & 10 (Parcels E and O)
Brunswick County
Dear Mr. Stephens:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 981008 to Magnolia
Greens Sections 9 & 10 (Parcels E and O) for a High Density project on September 18, 2001. This permit expires on
September 18, 2011. Per 15A NCAC 21-1.1003(h) (the stormwater rules), applications for permit renewals shall be
submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is
currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application
prior to March 18, 2011. If this project has not been constructed and a permit is no longer needed, please submit a
request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the
name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is
a form for change of ownership, which should be completed and submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted stormwater
treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type
of system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the
approved plans, specifications and supporting documentation. Please include a copy of the certification with your
permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new
Operation and Maintenance agreement that should be completed and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment
facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate
enforcement action including the assessment of civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact David Cox at 910-796-7318.
Si erely,
" � � �a
eorgette colt, stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
GDS1dwc S:\WQS\Stormwater\Renewal\Requests\2001\981008.aug10
cc: Wilmington Regional Office File
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One Phone:910-796-72151 FAX:910-350-20041 Customer Service:1-877-623-6748 t v ortl L,I Carc)t i 11 is
Internet w .ncvvaterquality.org
Naturally
An Equal Opporluniry 1 Affirmative Action Employer