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HomeMy WebLinkAboutSW7951201_COMPLIANCE EVALUATION INSPECTION_20110427 e?I� r MEMO North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 27, 2011 Mr. Raymond G. Tiedje, Managing Partner Equity Housing Fund IX Partnership 7373 E. Doubletree Ranch Road Suite 225 Scottsdale, Arizona 85258 Subject: NOTICE OF FILE REVIEW AND UPCOMING INSPECTION Stormwater Management Permit No.SW7951201 Hunters Landing Apartments Craven County Dear Mr. Famularo : On December 17, 2010, J. Wayne Bryant of the Washington Regional Office performed an inspection of your file to determine the status of compliance with Stormwater Permit SW 7951201 . Permit Number SW 7951201 was issued to you on February 2, 1996 for the Hunters Landing Apartments project, located on Race Track Road, lying within, Craven County, North Carolina. This letter is to notify you that during your file inspection the documentation required to be a part of your stormwater file was found to be in compliance. This documentation included: 1- The permit is active and has been renewed (if required) 2- Certification by Engineer or Designer the system was constructed as approved 3- Copy of the signed Operation & Maintenance Agreement However, we have not performed a site inspection of your facility to verify the proper maintenance has taken place and the system is still functioning as designed. DWQ will be performing a site inspection within the next 6-12 months. Please take this time to inspect your permitted system. Please correct any issues including the maintenance tasks listed in the O&M agreement. Long term operation and maintenance are the responsibility of the permit holder until such time that the permit is formally transferred through DWQ to another responsible entity such as an HOA/POA. Thank you for your immediate attention to this matter. North Carolina Division of Water Quality Internet: www.ncwatercivality.org 943 Washington Square Mall Phone: 252-946-6481 One Washington,NC 27889 FAX 252-946-9215 NorthC arrofiina An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper vVaty ally Please be advised, violations of the conditions of a State Stormwater Permit are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A.Should you have any questions regarding these matters, please contact either myself or AI Hodge, Regional Supervisior at (252) 946-6481 . Sincerely, '6L w �' J. Wayne Bryant U Surface Water Protection Section Washington Regional Office j.wayne.bryant@ncdenr.gov Enclosures: Stormwater FAQ Sheet cc: John G. Thomas, P.E., Thomas Engineering, PA, P.O. Box 1309, New Bern, NC 28563 WaRO Files North Carolina Division of Water Quality r*� t State Stormwater Management Permits Ear }« Cover Sheet for State Stormwater Permit Revised January 2011 Why was a state stormwater permit required for my project? GLOSSARY OF TERMS Stormwater runoff is the#1 cause of water pollution in North Carolina.This Practice Pr permit protects water quality by ensuring that stormwater Best Management Structural or vegetative Best Management Pr Practices are put in place to control stormwater runoff after a construction practice that project is completed. Projects are permitted as either Low Density or High controls stormwater runoff. Density development. Low/High Density Project There are several factors that can trigger the need for this permit. It is required designation that is determined of the 99 P q number of dwellings or amount of for all projects that add impervious surfaces for residential,commercial, built-upon area. industrial or institutional use and meet the criteria below. Impervious Surtace Land cover I. Project is located in any one of the following: that prevents infiltration of water into • The 20 coastal counties. the ground(e.g.,concrete). • Area that drains to Outstanding Resource Waters. High Quality Waters Waters that • Area that drains High Quality Waters. are rated excellent based on • Area subject to Phase If. biological and physical/chemical AND characteristics. II. Any one of the following applies: Outstanding Resource Waters • Requires a permit and soil and erosion control plan from the N.C. Division High Quality Waters that also have of Land Resources(disturbance of one acre or more). exceptional state or national • Requires a CAMA Major Permit. significance(e.g., endangered species habitat). • Contains more than 10,000 square feet of new built-upon area. • Is part of a larger Common Plan of Development. Phase 11 Federally mandated program that regulates stormwater. This permit is required by state law and is separate from any other permit(s) CAMA Coastal Area Management required for construction.Once issued, low density project permits remain in Act;a regulatory program effect in perpetuity. High density project permits must be renewed, usually administered by the N.C. Division of every 10 years. Under both types of permits,on-site stormwater management Coastal Management to manage must be maintained for as long as the impervious surfaces exist. coastal development. Built-upon Area The amount of a stormwater runoff hard surfaces or impervious surfaces ( , threatens North Carolina's on a project site. environment and economy. Aflerheavy Common Plan of Development rainfall, shellfish Project where multiple separate and bed closings and distinct construction or land- health-related swimming disturbing activities occur advisories increase under one plan. dramatically. Perrnittee Any person of entity that is granted a permit to proceed with a What does this permit require me to do? project. Key requirements of the permit include: Deed Restrictions Operation Operation and maintenance and Protective Covenants and Maintenance requirements may include: Prior to the sale of any lot or The long-term operation and • Minimum of quarterly system outparcel, projects for residential and maintenance of the approved inspections. commercial use must record stormwater system is the • Maintaining complete inspection restrictive covenants with the county responsibility of the permit holder for records. Register of Deeds. These covenants as long as impervious surfaces exist address the location of all drainage unless the permit is formally • Maintaining vegetation. easements, prohibit the alteration of transferred to another responsible • Repairing/clearing outlets and approved stormwater controls and party (such as a homeowners inlets. piping of swales or roof drains and association) through DWQ's transfer • Stabilizing eroding banks. specify the maximum amount of built approval process. • Removing sediment. -upon area allowed per lot. (continued on reverse side) State Stormwater PermA Revised January 2011 Permit Requirements (corriinued) Designer's Certification , Upon completion of construction, a , stormwater system designer must r certify in writing that the system has been constructed and inspected as described in the plans and .y specifications approved by DWO. Verify Built-Upon Area The permittee is responsible for verifying that the actual built-upon area (including, but not limited to, b Ti.'a"°* r ' driveways, roofs, walkways, w x' concrete, brick and decks) does not exceed the allowable built-upon area as specified in the permit and the restrictive covenants or deeds. Annual Reporting The permittee is responsible for Stormwater runoff is the kf cause of water pollution in North Carolina and the nation. submitting to DWQ a copy of the 10 annual inspection report verifying IMPORTANT INFORMATION ON TRANSFERRING PERMITS that all components of the This permit is not transferrable through sale to any person or entity except stormwater system have been after notice to, and approval by, the Division of Water Quality. The permit inspected and are functioning holder is responsible for compliance with all permit conditions until an official properly. Annual report forms are available at the DWQ website. transfer request is approved by the division. Permit transfer request forms are available at the website shown below. Non-compliance and fines The original permit holder should consider the long-term operation and p ermit conditions. Projects that is imperative that you comply with maintenance requirements of this permit and make preparations for p establishing an entity(such as a homeowners association or other perpetually violate a state stormwater permit responsible entity) to which the stormwater management and/or have unauthorized � y) h h 9 permit can development without approved eventually be transferred. stormwater controls are subject to Failure to establish a responsible entity (such as an homeowners fines. Civil penalties of up to$25,000 association) will result in the original permit holder retaining full per day for each violation may be responsibility for meeting all permit conditions, including the long-term levied. care and maintenance of the approved stormwater management system. Do you need more information? Stormwater Permitting ? L Stormwater BMP Manual tic u t• Permit Forms (downloads) Interactive Permitting Map -2 Map of Regional Offices _ Still have questions? Call the DWG Regional Office closest to your project's location: Asheville Office (828)296-4500 Washington Office (252)946-6481 Fayetteville Office (910) 433-3300 Wilmington Office (910)796-7215 Mooresville Office (704) 663-1699 Winston-Salem Office (336)771-5000 Raleigh Office (919)791-4200 Central Office (919)807-6300 Additional resources: North Carolina Stormwater Outreach & Education : v EPA Construction Stormwater 1;r Division of Coastal Management Division of Land Resources <t John G. Thomas, Sr. From: John G. Thomas, Sr. Uohnthomas@thomasengineeringpa.com] Sent: Thursday, July 30, 2009 1:28 PM To: 'Hodge, Al' Cc: Roger Thorpe (roger.thorpe@ncdenr.gov); Janie Figueroa Qanief@newbernforrent.com); 'rt@millenniu mdevcorp.com' Subject: Hunters Landing Stormwater Permit No. SW7951201 Attachments: 2009_07_29 stormwater certification.pdf Al, Please find attached the designer's certification for the referenced project.This should close out this matter until the next renewal date.The original will be mailed to you today. If you have any questions or comments, please do not hesitate to call. I hope you are doing well. Later, John John G. Thomas, PE THOMAS ENGINEERING, PA 309 Metcalf Street P. O. Box 1309 New Bern, NC 28563 252-637-2727 (office) 252-636-2448 (fax) 252-671-5855 (cell) iohnthomas(8thomasengineerinapa.com www.thomasengineerinapa.com JUL s AM t Hunters Landing Apartments Stormwater Permit No. SW7951201 Craven County Designer's Certification/, n / I, - � 6. / c)�/+3- , as a duly registered in the State of North Carolina, having been authorized to observe(period�ically�/�wee/eekly/full time)the construction of the project, (Project) // for � "IT /-4u us-" F4 to 1 X (Project Owner)hereby state that, to the best of my abilities, due care d di igence 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 is included in the Certification. Noted deviations from approved plans and specification: a" �\A SEAL Signature \ „ Registration Number lot 4 �.�L g 1014'Y �)0� Date ti g •.e rY e Q ( oc e�:e¢rnr `�ya ;`��,•�r `,. , 1 �;o. r.� y �! _� �` . ., �ti�t , •}• � { ..:� ���� ;.n� Certification Requirements: 1/ The drainage area to the system contains approximately the permitted acreage. =V The drainage area to the system contains no more than the permitted amount of built-upon area. _—�' Ali_the_built-upon area a ssociated.with_the pmjectis gradedsuch-thatlhe-runoff_drains_to-the / system. =r/� All roof drains are located such that the runoff is directed into the system. ✓5. The outlet/bypass structure elevations are per the approved plan. The outlet structure is located per the approved plans. M/L7. Trash rack is provided on the outlet/bypass structure. _✓ All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. _✓10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. _✓122 Required drawdown devices are correctly sized per the approved plans. ✓ 13. All required design depths are provided. Y✓ 4. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. AE�\ THOMAS ENGINEERING, PA MW CIVIL ENGINEERING*LAND DEVELOPMENT•PROJECT MANAGEMENT June 30, 2009 US Mailed& Emailed JUL 0 2 2000 To: North Carolina Division of Water Quality 943 Washington Square Mall Washington,NC 27889 Attn: Al Hodge Regional Supervisor Re: Stormwater Permit No. SW7951201 Hunter's Landing Apartments New Bern,NC Dear Al, The referenced permit with modifications issued on December 31, 2008 required that the modifications along with the Engineer's certification be submitted to you on or before July 1, 2009. As of this date,the contractor has not completed the modification work; therefore, we will not be in a position to certify the work by the stated deadline. On behalf of the permittee, I am requesting a 30 day extension for special condition II.6. as stated in the permit. If you have an questions or comments, please do not hesitate to call. I hope you are doing well Sinc ; ohn G. Thomas,P.E. johnthomas(?,thomasengineerinena.com Cc: Ray Tiedje (Equity Housing Fund IX Partnership) Janie Figuroa(Management Services) Roger Thorpe 309 MetcalfStreet.P.0.Box 1309.New Bern,NC28563 Phone: (252)637-2727.Fax:(252)636-2448.Website: ThomasEngineeringPA.com Compliance Inspection Report Permit: SW7951201 Effective: 08/08/08 Expiration: 08/08/18 Owner: Housing Resource Corp Project: Hunters Landing County: Craven Region: Washington Contact Person: G Michael Morton Title: Phone: Directions to Project: Type of Project: State Stormwater-HD-Detention Pond Drain Areas: 1 -(NEUSE RIVER)(03-04-08)(SC;Sw,NSW) On-Site Representative(s): Related Permits: Inspection Date: 12117/2010 Entry Time: 10:00 AM Exit Time: 11:30 AM Primary Inspector: Wayne Bryant Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ■ Compliant O Not Compliant Question Areas: N State Stormwater (See attachment summary) Page: 1 Permit:SW7951201 Owner-Project:Housing Resource Corp Inspection Date: 12/17/2010 Inspection Type:Compliance Evaluation Reason for Visit: Routine Inspection Summary: File Review Yes No NA NE Is the permit active? ■ ❑ fl ❑ 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: Page: 2 pF \ATF,9 Michael F.Easley,Governor \p G William G.Ross Jr.,Secretary f' North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality June 30, 2008 Mr. Raymond G. Tiedje Equity Housing Fund IX Partnership 7373 E. Doubletree Ranch Road Suite 225 Scottsdale,Arizona 85258 Subject: Stormwater Review SW7951201 Hunters Landing Apartments Craven County Dear Mr. Tiedje: This office received a Coastal Stormwater renewal permit application and fee for the subject project. However an Engineer's certification that the project has been constructed according to approved plans was not received. Your consulting engineer has advised us that the project was not built according to approved plans. This is a violation of the existing permit. Therefore you must either construct the project according to approved plans or submit a proposal for a revised stormwater treatment system that will comply with our stormwater rules. Please submit a proposal for achieving compliance with the stormwater permit prior to July 30, 2008 or your project will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to me at the Letterhead address and include the application number on the request. The request must include justification for the amount of additional time needed. The request will only be granted for justifiable delays that are unforeseen and beyond the owner or consultant's control. You should be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction or operation without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to$25,000 per day. If you have questions, please feel free to contact me at(252)948-3923. Sincerely, oger K. Thorpe Environmental Engineer cc: Tomas Engineering, P.A. ashington Regional Office North Carolina Division of Water Quality Internet: A%"w.nc%%aterqualitv.org 1��One N 943 Washington Square Mall Phone(252)946.6481 O hCarolina Washington,NC 27889 Fax (252)946-9215 /� aturallff An Equal OpportunitylAffimtadve Action Employer—50%Recycled/10%Post Consumer Paper lll��� •••!Z Re: Hunter's Landing Permit No. SW7951201 Subject: Re: Hunter's Landing Permit No. SW7951201 From: At Hodge<AI.Hodge@ncmail.net> Date: Thu, 26 Jun 2008 10:42:47 -0400 To: "John G. Thomas, Sr." <johnthomas@thomasengineeringpa.com> CC: Roger Thorpe <Roger.Thorpe@ncmail.net>, Janie Figuroa<janief@newbemforrent.com>, "'Raymond G. Tiedje"' <rt@millenniumdevcorp.com> John G. Thomas, Sr. wrote: Al, Concerning the referenced project, the permit renewal application was submitted to your office on or about April 17, 2008 less the Engineer's Certification, which was promised to you not later than June 17, 2008 to complete the renewal process. On June 17, 2008, per our phone conversation, you extended that date to June 24, 2008. Based on our field investigation we have determined that the project as was originally constructed and as is this date does not comply with the Stormwater Permit as issued. Therefore, we will not be able to certify the project until these issues are resolved and/or corrected. The major issuethat needs to be resolved is that a significant area of the project does not drain to the storm water pond as required in the Stormwater Permit. I am requesting a meeting with you or Roger in order to work out a resolution that we can work to that will be satisfactory to ya' ll to bring this project into compliance. It may be that we can submit a request to modify the permit to the current conditions of the site with some corrections being made. Maintenance has been completed on the storm water pond. I look forward to hearing from you on this matter. If you have any questions or comments, please do not hesitate to call. I hope you are doing well. Later, John John G. Thomas, PE Thomas Engineering, PA 309 Metcalf Street P. 0. Box 1309 New Bern, NC 28563 252-637-2727 (office) 252-636-2448 (fax) 252-671-5855 (cell) johnthomas@thomasengineeringpa.com <mailto:jthomas744@thomasengineeringpa.com> www.thomasengineeringpa.com <http://www.thomasengineeringpa.com/> John: I must have the site in compliance with the State Stormwater regulations. As i see it, the site can be altered to comply with the existing permit or a modification request can be submitted to alter the plan & then complete whatever construction is necessary to meet the new plan. I would like to have a "plan of action" detailing the direction and time schedule to address the chosen alternative, as soon as possible. please let me know if you and your client believe a meeting is necessary, at this point. thanks Al Hodge Regional Supervisor,Division of Water Quality Surface Water Section Washington Regional Office 1 of 1 6/30/2008 3:03 PM