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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 ��� 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 0 COAST LINE 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 0 COAST LINE 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 SEAListasurusa �ZB2561t Signature �. Q�pE S/p�K� Registration Number 0746709 g 5�!sL Date O7, -Z Z01ZZ 1 3 h Qnn24`x'a ISFE,��'/Q�'ti� •° �/�9zAlflol.yC' ktECEiVED FEB 2 5 20il BY- 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 t QY01EC-r 1S l..O,,.i 1pEr1S1r1, ot4LI GOLLecXEA VUAOFF DeAIIJS 'O '516Tem Itl AL&oit0A11cE OliTH IA?Peo"av �GANS• ASMA -LAZEA t4 TH% Foeti6aI 14 5L\6NTl� StCGP�R CitAA l ��T 'THE. Stoic t zi 6T A Btu, 1A A C *'%1FutAµGE 1 WSeGGTroa1 1�RTEa O Z J it k 201\I 10A4%t> CO)'- D` > %y Q 04FIRM 0 T1lAT TµE,SI.O?C IS -ygAbLC 4"V% THAT 1.110 (At:P-EGTIuE gGT1vh6 IS (GERu1¢ci>- "+G t));4,141S 4k-pTN AVAtuAbLf-IIJT "'- `3 b eq IdOVrAAL ',WTR-tto0A. JEs►c�t t�6p TO 6e P-G`JtED Iy1lTN tyoer�Rt_N1YlIutL•3A1+LE 1.1H�r12EOv�tLED I� 0.�&'OGE W17N p Q C� �\64 E) EM Aea,WEEX\e'AT . `7EDIMWf ex-"%WAL Nv vy"2 %ear' A� TF�15 TIME• 8 0 COAST LINE 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