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HomeMy WebLinkAboutSW8070653_Compliance Evaluation Inspection_20200218 STATE OF NORTH CAROLINA, Department of Environmental Quality, 127 Cardinal Drive Extension,Wilmington, North Carolina 28405(910)796-7215 FILE ACCESS RECORD DEQ SECTION: DEMLR/Hay REVIEW TIME/DATE:2/17/2020—9:00-1 1:00 NAME: Rick Stuckman EMAIL:rstuckman@mindspring.com REPRESENTING: All About Ponds PHONE: 910-619-1996 Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access,we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 4. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is$.05 cents. Payment may be made by check, money order,or cash at the reception desk. 5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove. alter,deface, mutilate,or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes,etc. are permitted in the file review area. '.;. :.¢.•,Necessary large plan copies can be scheduled with ..r.rr r:,wi a i dr;i .3v_919-796-7265 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. A_ llways Graphics can be contacted to set P y a ment o tions. Wry q P p n 1 = Of coirOlited'latm mtd shift .__.** �. . - -** _. .._4 ..__ tad a0_ 7. In accordance with General Statue 25-3-512, a$25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1. SW8 021201 The Marshes at Rivers Edge New Hanover 2. SW8 960112 Breezewood Condominiums New Hanover 3. SW8 150411 Cape Landing Subdivision New Hanover 4. SW8 070653 Oyster Landing Subdivision Onslow 5. SW8 951003 Willow Woods Shopping Center New Hanover ) 4 (CZ C4Z)v.6c - fc :SS Signature and Name of Firm/Business Date MM/DD/YY Time In Time Out COPIES MADE / PAID =05 INVOICE G:/ADM/Shared/File Review Access Form rev 2018 _hil ROY COOPER Governor MICHAEL S. REGAN Secretary Energy.Mineral& TRACY DAVIS Director Land Resources ENVIRONMENTAL QUALITY September 6, 2017 Lisa C. Beaman,Manager Hoosier Daddy,LLC 6025 Tarin Road Wilmington,NC 28409 Subject: Notice of Inspection—Compliant(for Phase I and II) Oyster Landing Subdivision State Stormwater Management Permit No. SW8 070653 Onslow County Dear Ms. Beaman: On September 5,2017, staff from the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)inspected Oyster Landing Subdivision,located off Hwy 172 at Oyster Landing Drive in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 070653,last modified and reissued on March 13,2017. DEMLR file review and site inspection revealed that the site is in compliance with the terms and conditions of this permit for Phases I and II. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter,which summarizes the findings of the recent inspection. As indicated in the attached inspection report,this project is basically compliant for Phases I and II,with the following comments: 1. An engineer's certification has been submitted for the high density Phase II section w/wet pond. 2. Some maintenance has been conducted at the pond,but there are items that need further attention such as repair of bare soils,replacement of plants,removal of weeds, and mowing. In addition,I have included the following comments from the previous inspection of Phase I: 1. The project has not been certified for the low density Phase 1 section.A letter is required from the permittee stating that this phase of the project has been constructed within substantial compliance of the permit. 2. Some of the stormwater swales in the low density section may need sediment removed in order to prevent blockages. State of North Carolina I Environmental Quality I Energy.Mineral and Land Resources Wilmington Regional Otikce 1127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 State Stormwater Perntii No. SW8 070653 Page 2 of 2 Please be reminded that it is your responsibility a.s the permittee of record to submit a completed and signed Permit Transfer Application Form to the Division of Energy,Mineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. This form is available on our website at: https://deq.nc.gov/about/divisions/energv-mineral-land-resources/energv-m in era l-1 and-rul es/storm water- program/post-construction. a. An ownership change including the sale or conveyance of the permitted project area in whole or in part. This does not include the conveyance of subdivided residential lots to individuals which are made subject to a recorded declaration of covenants and restrictions which contain the statements required by the stormwater permit; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Foreclosure proceedings; d. Filing for Bankruptcy; e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall wind up,which may include continuing the business of the LLC for a period of time. The person charged with winding up the LLC shall collect the LLC's assets [which include the stormwater management permit], and distribute the assets as provided in NCGS 57D-6-08(2). f. A name change of the owner/permittee; g. A name change of the project; h. A mailing address change of the permittee; Please be advised that until you submit the required Permit Transfer Application Form to the Division and receive approval from the Division to transfer the permit,you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. If you have any questions,please contact me at the Wilmington Regional Office,telephone number (910)- 796-7215 or via email at steven.pusey@ncdenr.gov. Sincerely, ge Steve G. Pusey Environmental Engineer Enc: Compliance Inspection Report GDS\sgp: \\\Stormwater\Permits&Projects12007\070653 HD12017 09 CEI_compliant 070653 cc: Mark Hargrove,PE—Port City Consulting Engineers,PLLC Georgette Scott,Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Environmental Quality I Energy.Mineral and Land Resources Wilmington Regional cc ice 1127 Cardinal Drive Extension I Wilmington,NC 28405 9'10 796 7215 Compliance Inspection Report Permit: SW8070653 Effective:03/13/17 Expiration: 03/02/24 Project: Oyster Landing Subdivision Owner: Hoosier Daddy LLC County: Onslow Adress: Oyster Landing Dr Region: Wilmington City/State/Zip: Sneads Ferry NC 28460 Contact Person: Lisa Beaman Title: Manager Phone: 252-916-5030 Directions to Project: Hwy. 17 and NC 172,right on NC 172,go 1.35 miles right onto Oyster Landing Drive. Type of Project: State Stormwater-Low Density Drain Areas: 1 -(Stones Creek) (03-05-02)(SA;HQW) 2-(Turkey Creek) (03-06-24)(SA;ORW) On-Site Representative(s): Related Permits: Inspection Date: 09/05/2017 Entry Time: 02 00PM Exit Time: 02:30PM Primary Inspector: Holley A Snider Phone: 919-796-7315 Secondary Inspector(s): Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: El Compliant ❑ Not Compliant Question Areas: 111 State Stormwater (See attachment summary) page: 1 Permit: SW807 0653 Owner-Project: Hoosier Daddy LLC Inspection Date: 0f+/05/2017 Inspection Type Compliance Evaluation Reason for Visit: Complaint File Review Yes No NA NE Is the permit active? • ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? • ❑ ❑ ❑ Signed copy of the Operation&Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? b. ❑ ❑ ❑ Comment: Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ IV Is the drainage area as per the permit and approved plans? ® ❑ ❑ ❑ Is the BUA(as permitted)graded such that the runoff drains.to the system? ® ❑ ❑ ❑ Comment: Drainage area and BUA(roads only)for Phase II high density appear to be constructed in accordance with the plans. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? I� ❑ ❑ ❑ Are the inlets located per the approved plans? 3 ❑ ❑ ❑ Are the outlet structures located per the approved plans? • ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ * ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ I DWQ upon request? Comment: The Phase II pond should be maintained in accordance with the 0&M agreement, including but not limited to,the repair of bare soils, replacement of plants, removal of weeds and plants from basin surface, and mowing. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ❑ ❑ Comment. Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ El ❑ ❑ Comment: page: 2 WET DETENTION 0 &M Inspection Checklist YES NO LILA NE I INLETS and FOREBAY 1. Inlets are located per the approved plans: ❑ ❑ ❑ 2. Inlet device (swale or pipe) is free of damage, clogs or erosion: ❑ ❑ ❑ 3. Forebay berm is in place and without erosion: �/ ❑ ❑ ❑ 4. Forebay is free of excessive sediment: M ❑ ❑ ❑ SIDE SLOPES AND BANKS 5. Vegetated slopes are 3:1 or less: Xf ❑ ❑ ❑ 6. Banks are stable and free of erosion or bare soil: 't& 6yC ctA ❑ ❑ ❑ 7. Slopes or berms are free of woody vegetation: N ❑ ❑ ❑ 8. Free of muskrats or beaver activity: ❑ ❑ ❑ 9. Grass is being maintained and mowed (not scalped) as required: ❑ ❑ ❑ PERIMETER AND MAIN BAY _ 10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ❑ ❑ ❑ 11. Algal growth covers less 50% of the area: Igr ❑ ❑ ❑ 12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface: K ❑ ❑ ❑ 13. Main treatment area is free from excess sediment accumulation: K ❑ ❑ ❑ OUTLETS 14. Swale or emergency outlet bypass is in the correct place and is in good condition: ) ❑ ❑ ❑ 15. Drawdown device is correctly sized free of damage or clogging: Af ❑ ❑ ❑ 16. Orifice size matches the approved plans .It' ❑ ❑ ❑ 17. Outlet is free of erosion or other signs of damage: ❑ ❑ ❑ 18. Trash rack is installed ❑ ❑ ❑ 19. Vegetated filter is in place (if applicable) ❑ ❑ K ❑ 20. Relative elevations match approved plans eK ❑ ❑ ❑ 21. Fountain pump (if permitted) is less than or equal to the maximum allowable size: ❑ ❑ -X ❑ V3.3_09 • il; -' - r. -"•;,_m•-•• •L-.:V'" •1,t• • ...______A . ��FF #' •5y`�s "....„, . . Ilf • • S n + • 1V1 'r, ,.r).-4 Ali _ .. • 1 4:1p.7,. .1 . . - pit f -. _. . ,,,.,,,. . ...,, i 410- • 51 Ar.--"!-:wirmtpit, '` : � •. . -1 / r• Q . k ; . A..r. :, ;:. -&:,' - • A 4..... .... i. 41,t,•' 1 ,,,7 1 i • .. • .; _ 0 ; • . r ;6 Nr: f ..r •i t 'O.• • il cl''.Ito-• • / ... F f _. w ' y r• r �4r. y. `gay 7 1 ,. r• • ,1 C - i •'*L w T_ f .Lr • Jr-�- r y' . . /M 4;;,,.:a;: .-- -.:....,, _. . ..A.: • 4 r, ....I,r.. 1 . NMI ` -•. .. F- •� • • • I� sV t IF:,:, � �'' 'Pi �• - f........:-.11..%-: :c.i.,::.---..._... 7_,,,......,=.1.7' "'F. 6::' 4117 .m : ::-.."--. T., . .,,. • . . ..., . • I •y r �y •r�- _ - it P, 1 jri' ' y . .• . ..• 0. IX pa , . .,. 4...,.... :. IAA ___. .4, ..„,_......... r . ti .. . . V r • le :, = �•.. :. „'•� lip :,I't R • �.•. gill 7. N.,.. ;_ _ , d_ s- • �'tI'' ' - ...� . Y a 1. 'I. t_4., _ ~ am �" .'r ?a ''i j . • w ROY COOPER J MICHAEL S. REGAN Secretary Energy,Mineral& TRACY .DAVIS Land Resources Director ENVIRONMENTAL QUALITY February 27,2017 Lisa C. Beaman,Manager Hoosier Daddy,LLC 6025 Tarin Road Wilmington,NC 28409 Subject: Notice of Inspection—Not Compliant Oyster Landing Subdivision State Stormwater Management Permit No. SW8 070653 MOD Overall Low Density Subdivision with a Wet Detention Pond High Density Project Onslow County Dear Ms. Beaman: On February 23,2017, staff from the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources(DEMLR)inspected Oyster Landing Subdivision,located in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 070653, last issued on March 2,2016. DEMLR file review and site inspection revealed that the site is NOT in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled"Compliance Inspection Report" attached to this letter,which summarizes the findings of the recent inspection. As indicated in the attached inspection report,the following deficiencies must be resolved: 1. The project has not been certified for the low density Phase 1 section or the high density Phase II section. An engineer's certification is required for the high density section with detention pond. 2. Some of the stormwater swales in the low density section may need sediment removed soon in order to prevent flooding issues. In the high density section being constructed,there was an area with extreme erosion located adjacent to the Phase II pond,of which should be repaired ASAP. Please be reminded that it is your responsibility as the permittee of record to submit a completed and signed Name/Ownership Change Form to the Division of Energy,Mineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. These forms are available on our website at:https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- uermits/stormwater-permits/forms. a. An ownership change including the sale or conveyance of the permitted project area in whole or in part.This does not include the conveyance of subdivided residential lots to individuals which are made subject to a recorded declaration of covenants and restrictions which contain the statements required by the stormwater permit; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Foreclosure proceedings; d. Filing for Bankruptcy; e. Dissolution of the partnership or corporate entity.Per NCGS 57D-6-07, a dissolved LLC shall wind up,which may include continuing the business of the LLC for a period of time.The person charged with winding up the LLC shall collect the LLC's assets [which include the stormwater management permit],and distribute the assets as provided in NCGS 57D-6-08(2). f. A name change of the owner/permittee; g. A.name change of the project; h. A mailing address change of the permittee; State of N orth Carolina I Environmental Quality ; Energy.Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 State Stormwater Permit No. SW8 070653 Page 2 of 2 Please be advised that until you submit the required Name/Ownership Change Form to the Division and *� receive approval from the Division to transfer the permit,you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies,by March 28,2017, are considered violations of the permit. If the requested information is not submitted to this office by the due date,then DEMLR staff will re-inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day. If you have any questions,please contact me at the Wilmington Regional Office,telephone number(910)- 796-7215 or via email at steven.pusey@ncdenr.gov. Sincerely, Steve G. Pusey Environmental Engineer Enc: Compliance Inspection Report ti%PGDS\sgp: \\\Stormwater\Permits&Projects\2007\070653 11312017 02 CEI_deficient 070653 cc: Mark Hargrove,PE—Port City Consulting Engineers,PLLC Georgette Scott,Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Environmental Quality I Energy.Mineral and Land.Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405 910 796 7215 Compliance Inspection Report Permit: SW8070653 Effective:03/02/16 Expiration: 03/02/24 Project: Oyster Landing Subdivision Owner: Hoosier Daddy LLC County: Onslow Adress: Oyster Landing Dr Region: Wilmington City/State/Zip: Sneads Ferry NC 28460 Contact Person: Lisa Beaman Title: Manager Phone: 252-916-5030 Directions to Project: Hwy.17 and NC 172,right on NC 172,go 1.35 miles right onto Oyster Landing Drive. Type of Project: State Stormwater-Low Density Drain Areas: 1 -(Stones Creek) (03-05-02)(SA;HQW) 2-(Turkey Creek) (03-06-24)(SA;ORW) On-Site Representative(s): Related Permits: Inspection Date: 02/23/2017 Entry Time: 03:OOPM Exit Time: 03:30PM Primary Inspector: Steven G Pusey Phone: Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Modification Offsite Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: KR State Stormwater (See attachment summary) page: 1 Permit: SW8070653 Owner-Project: Hoosier Daddy LLC Inspection Date: 02/23/2017 Inspection Type Modification Offsite Reason for Visit: Routine Inspection Summary: The following actions need to be taken in order to bring this project into compliance: 1. The project has not been certified for the low density Phase 1 section or the high density Phase II section. An engineer's certification is required for the high density section with detention pond. 2.Some of the stormwater swales in the low density section may need sediment removed soon in order to prevent flooding. In the high density section being constructed,there was an area with extreme erosion located adjacent to the Phase II pond. This area should be repaired ASAP. File Review Yes No NA NE Is the permit active? SI 0 0 0 Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑ El Signed copy of the Operation&Maintenance Agreement is in the file? LI ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? E ❑ ❑ ❑ Comment: The project has not been certified for the low density Phase 1 section or the hiqh density Phase II section. An engineer's certification is required for the high density section with detention pond. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? 0 0 ❑ 0 Is the drainage area as per the permit and approved plans? ® 0 0 ❑ Is the BUA(as permitted)graded such that the runoff drains to the system? Li El El ❑ Comment: Drainage area and BUA(roads only)for high density sections appear to be constructed per the plans. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? LI 0 ❑ ❑ Are the inlets located per the approved plans? ❑ 0 0 ❑ Are the outlet structures located per the approved plans? iJ ❑ ❑ ❑ Comment: Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ E ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ LI DWQ upon request? Comment: Some of the stormwater swales in the low density section may need sediment removed soon in order to prevent flooding. In the high density section being constructed,there was an area with extreme erosion located adjacent to the Phase II pond. This area should be repaired ASAP. page: 2 Compliance Inspection Report Permit: SW8070653 Effective:10/02/07 Expiration: Project Oyster Landing Owner. Oyster Landing LLC County: Onslow Adress: NC 172 Sr 1518 Region: Wilmington City/State/Zip:Sneads Ferry NC 28460 Contact Person: Jon T Vincent Title: Phone: 910-256-0101 Directions to Project: NC 17 and Old Folkston Rd.,turn right approx.1.13 mles on left side of Old Folkston Rd. Type of Project: State Stormwater-Low Density Drain Areas: On-Site Representative(s): Related Permits: Inspection Date: 10/01/2014 Entry Time: 10:45AM Exit Time: 10:55AM Primary Inspector: Aida R Lewis Phone: 910-796-7215 Secondary Inspector(s): Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant 1111 Not Compliant Question Areas: • State Stormwater (See attachment summary) page: 1 permit SVV8070653 Owner-Project: Oyster Landing LLC Inspection Date: 10/01/2014 Inspection Type Compliance Evaluation Reason for Visit Follow-up Inspection Summary: The permit is being transferred to the new developer"as is".The new permittee will need to address the following issues: 1. Provide documenation that no lot has exceeded the currently permittted maximum BUA limit of 4006 square feet. 2. Provide a plan revision to document the layout change for Lots 471,472,473 and 474. 3.Account for the BUA additions due to Lanyard Road and the expansion of the entrance road off NC 172. 4.Submit a copy of the recorded deed restrictions. 5. Perform maintenance on those swales in the right-of-way that front nn undeveloped lot. page: 2 permit S1N8070653 Owner-Project: Oyster Landing LLC Inspection Date: 10/01/2014 Inspection Type Compliance Evaluation Reason for Visit: Follow-up File Review Yes No NA NE Is the permit active? • 0 0 0 Signed copy of the Engineer's certification is in the file? D. 0 D. 0 Signed copy of the Operation&Maintenance Agreement is in the file? II 0 0 0 Copy of the recorded deed restrictions is in the file? 0 IN 0 0 Comment 1.The project has not been certified. 2.The recorded deed restrictions have not been submitted. Built Upon Area Yes it/o NA NE Is the site BUA constructed as per the permit and approval plans? 0 ❑ 0 NI Is the drainage area as per the permit and approved plans? 0 • 0 0 Is the BUA(as permitted)graded such that the runoff drains to the system? 0 ❑ III 0 Comment 3.The permittee will need to provide verification that no lot has exceeded the maximum allowed limit fo 4006 sf. Also,the entrance road off NC 172 has been expanded-that added BUA will need to be accounted for. 4.The lot layout has been affected by the development of the adjacent Oyster Landing Townhomes. Lots 471.472 473 and 474 have been reoriented to face Lanyard Drive.A plan revision to document that change is required. SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? • 0 0 0 Are the inlets located per the approved plans? • ❑ 0 0 Are the outlet structures located per the approved plans? ❑ ❑ • ❑ Comment: 5. For the most part,the roadside swales are fine. In some areas,they have slightly steeper than 3:1 slopes. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? • 0 ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to 0 0 0 II DWQ upon request? Comment 6.The inspector noticed that where a swale is in front of an undeveloped lot,the swale is not being maintained to the same level that the adiacent portions of the swale are. page: 3 ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy,_Mineral,and Land Resources Tracy E. Davis, PE,CPM —Pat McCrory,Governor Director John E.Skvarla,III,Secretary October 1, 2013 Jon T. Vincent, Manager Oyster Landing, LLC 1508 Military- ._Cutoff_Dr„ Ste..302 Wilmington, NC 28403 Subject: Notice of Inspection/File Review— Non-Compliance Oyster Landing Stormwater Management Permit No. SW8 070653 Onslow County Dear Mr. Vincent: On September 30, 2013, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR)fielded a call from a lot owner in Oyster Landing, located off SR 1518 near Sneads Ferry in Onslow County. In the course of assisting the caller with his question, the file was reviewed to determine the status of compliance with the State Stormwater Management Permit Number SW8 070653 issued on October 2, 2007. The permit covers the construction of a 25% low density subdivision with 474 lots, each limited to a maximum of 4,006 square feet of built-upon area. DEMLR file review reveals that you are not in compliance with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent file review. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Per Section 11.11 of the permit, deed restrictions must be recorded prior to selling lots and per Section 11.12, a copy must be submitted within 30 days of recording. A copy of the recorded deed restrictions has not been received, and lots have been sold and developed. Please submit a copy of the recorded documents with the statements as outlined in Section 11.11 of the permit. 2. Please verify ownership of the permit. If necessary, please complete and submit a Name/Ownership Change form to initiate the transfer of the permit to a new owner. Please inform this Office in writing before November 1, 2013, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by November 1, 2013, then DEMLR staff will re-inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater Management Permit under Title 15A North Carolina Administrative Code 02H .1000 and North Carolina General Statute 143, Article 21, including operation and maintenance of your permitted stormwater system. Violations of your Stormwater Management Permit may be subject to the assessment of civil penalties up to $25,000 per day per violation. Wilmington Regional Office 127 Cardinal Drive Extension,Wilmington,North Carolina 28405 Phone:(910)796-7215/Fax:(910)350-2004 Mr. Vincent October 1, 2013 SW8 070653 If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar-- days prior to making the changes. The Division notes that the corporation is still active, but that the annual report_has not been filed with the NC Secretary of_State..If this.project is.in foreclosure or bankruptcy, please contact the Division immediately. Pursuant to NCGS 55-14- 05(a), a dissolved corporate entity continues its corporate business but may not carry on any business except those acts necessary to wind up and liquidate its business and affairs. If the corporation is in the process of dissolving, please note that you are still able to complete, sign and submit the necessary documents to transfer the permit to the new property owner. Please include the name, mailing address and phone number of the person or entity that is now responsible for this permit (the"Proposed Permittee") in the appropriate blanks on the Name/Ownership Change form. If you have any questions, please contact me at the Wilmington Regional Office, telephone number(910)-796-7343 or via email at linda.lewisna.ncdenr.gov Sincerely, /6;7 da) Linda Lewis Environmental Engineer III Enc: Compliance Inspection Report GDS1arl: G:1Shared\WQ\Stormwater\Permits&Projects120071070653 LD1201310 CEI_deficient 070653 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor Michael C. Gallant, P.E. WiRO Stormwater File Page 2 of 2 Compliance Inspection Report Permit: SW8070653 Effective: 10/02/07 Expiration: Owner: Oyster Landing LLC — Project:-Oyster-Landing-------- County: Onslow NC 172 Sr 1518 Region: Wilmington Sneads Ferry NC 28460 Contact Person: Jon T Vincent Title: Phone: 910-256-0101 Directions to Project:___-._...__._..._._... ___... NC 17 and Old Folkston Rd.,turn right approx. 1.13 mies on left side of Old Folkston Rd. Type of Project: State Stormwater-Low Density Drain Areas: On-Site Representative(s): Related Permits: Inspection Date: 09/30/2013 Entry Time: 12:00 PM Exit Time: 12:01 PM Primary Inspector: Alida R Lewis Phone: 910-796-7215 Secondary Inspector(s): Reason for Inspection: Complaint Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: 0 Compliant •Not Compliant Question Areas: State Stormwater (See attachment summary) Page: 1 Permit: SW8070653 Owner-Project: Oyster Landing LLC Inspection Date: 09/30/2013 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Inspection Summary: --- -- The file review indicates that a copy of the recorded deed restrictions has not been submitted. Please submit a copy of the recorded deed restrictions.. - File Review Yes No NA NE Is the permit active? • ❑ 0 0 Signed copy of the Engineer's certification is in the file? Signed copy of the Operation&Maintenance Agreement is in the file? • 0 ❑ 0 Copy of the recorded deed restrictions is in the file? 0 • 0 Comment: 1. A copy of the recorded deed restrictions has not been submitted. Page: 2 L.) ) STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington,North Carolina 28405 (910)796-7215 � � tFILE ACCESS RECORD SECTION W Q S��` t..t� —•(` TIME/DATE t•►ed l3`` I a "' IZ: 4-9 NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access,we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available, 2. You must specify files you want to review y facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies.There is no charge for 25 or less copies.Payment may be made by check,money order,or cash at the reception desk Copies can also be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter,deface,mutilate, or destroy material in one of these files is a misdemeanor fur which you can be fined up to$500.00. No briefcases,large totes,etc.are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a$25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 1. (>1 5 L. ; ns I v LA)n ho Ne s . t,J F3 o Oci O n5'1°") 2. (� ' J,; r� cLOS a`70f4/5 3 ®nS to cJ 3. 4. 5 �. LAB <Aci d ignature and am Firm/Business Date Time In Time Out Please attach a busnsess card to thisform COPIES MADE 16 PAID INVOICE