SW8011022_NOV_20180307

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
March 7, 2018
CERTIFIED MAIL #7008 0150 0002 2652 2459
RE,TU RN RECEIPT REQUESTED
Hardsmith, Inc
Attn- Grady Hardwick, President
PO Box 535
Worth Myrtle Beach, SC 29597
Subject: NOTICE OF VIOLATION, NOV-2018-PC-0078
Greenbay Subdivision Phase 1
Stormwater Permit No. SW8 011022
Brunswick County
Dear Mr Hardwick.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR
Interim Director
14418
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On November 17, 2014 and January 22, 2015, Wilmington Regional Office staff of the Division of
Energy, Mineral and Land Resources (DEMLR) performed a Compliance Inspection of the subject
project, located off Forest Street Extension, Shallotte, Brunswick County, North Carolina. A copy of each
compliance inspection report was sent to you on November 21, 2014 and February 4, 2015. The
inspections were performed to determine the status of compliance with Stormwater Pen -nit Number SW8
011022, issued to you on March 20, 2002
The project has been found in violation of Stormwater Permit Number SW8 011022, issued pursuant to
the requirements of the stormwater rules, 15A NCAC 2H.1000 The violations found are -
Schedule of Conznlzance Condition 11.3 - Failure to Operate and Maintain the Stormwater
System. The Permittee shall provide the operation and maintenance necessary to assure the
permitted stormwater system functions at optimum efficiency, including those listed below_
Both inspections cite erosion of the swales, an overall lack of vegetation on the slopes, and a
general lack of overall maintenance The site has not been restored to compliance._:;
• Inspections;
o Sediment Removal,
• Mowing and re -vegetation of side slopes;
o Immediate repair of eroded areas,
• Maintenance of side slopes in accordance with the approved plans and
specifications;
2 Schedule of Compliance Condition 11.12 - Failure to submit a time schedule to the Director
The permittee has not provided a response to either the November 21, 2014 inspection report or
to the February 4, 2015 inspection report
Schedule of Compliance Condition 1111 - Failure to certify the Stormwater system. Within 30
days of completing the project, the permittee is required to certify in writing that the project's
stormwater controls and impervious surfaces have been constructed within substantial intent of
the approved plans and specifications To date, no such Certification has been received
Schedule of Compliance 11.7 - Failure to limit piping Piping must be limited to just that
minimum needed under the road to allow for drainage, or for a driveway to provide access to
the lot Several lots in the subdivision have piped their entire front road ditch
State of Nol th Carolina I Environmental Quality I Energy Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Esdension I Wilmington NC 28405
910 796 7315

NOV-2018-PC-0078
State Stormwater PermitNo SW8 011022
Pa eg_2 of 2
ti
General Condition III9 —Failure to 710t1fy the Division of an ownership change within 30 daps
The NCSOS filings for Hardwick, Inc , indicate that the articles of dissolution for Hardsmith,
Inc were filed on March 20, 2014 The dissolution of the corporate entity is considered an
ownership change No notification was provided to the Division
To correct the above -listed violations, please provide the following actions and/or documents
1 Restore and maintain the roadside swale drainage system
2 Respond to the previous inspection reports and to this Notice of Violation.
3 Certify the project
4 Remove all unpermitted piping and restore the roadside drainage swales
5 Submit a completed and signed Permit Transfer application to transfer this permit to an HOA or
to a new development company for the continued implementation of the permit requirements to
limit built -upon area and piping and to maintain the roadside drainage swales
ZD
Please provide a "Plan of Action" by April 7, 2018 to DEMLR that states how and when these violations
will be corrected If we do not receive your plan of action by this date you will be in violation of 15A
\CAC 211. 1000, which could result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215 6A
The Permit Transfer application may be downloaded from our website at
Imps //deg.ne.gov/about/divisions/enertr,--mineral-land-resouices/ener<,?v-mineia1-land-rules/storrnwater-
pro grain/post-co 11 stru ct 1011
If you have any questions concerning this matter, please call Linda Lewis at (910)-796-7215
Sincerely,
J William E (Toby) Vinson, Jr, PE, CPESC, CPM, Interim Director
Division of Energy, Mineral, and Land Resources
Enclosures Compliance Inspection Report
GDS\arl G \\\Stormwater\Permits & Projects\2001\011022 LD\2018 03 NOV 011022
cc Cary D Smith (1402 Martin Street, N Myrtle Beach SC 29582)
Grady Hardwick (1109 Golf View Drive, N Myrtle Beach SC 29582)
Grady Hardwick, Registered Agent (20 Wildwood St NW, Shallotte NC 28459)
Brunswick County Buildinc p.�Spections
�A �r_ietle ueas, =�1Il `( oii"�11i7avatl'
orgette S�ilmington Regional Office Stormwater Supervisor
Wilmington Regional Office Stormwater Pile
Statc of North Carolina 1 Envrronmcnial Quakh, I Fnergv \hnc ai end Land Resources
%Vil nengton Regional Office 1 127 Cai dura! Dr nvc Emetwon I Wilmington, NC 25405
010 796 7215

Compliance Inspection Report
Permit SW8011022 Effective 03/20/02 Expiration
Protect Greenbay Subdivision Phase I
Owner Hardsmith Inc
County Brunswick
Region Wilmington
Adress OffForest St Ext NW
City/State/Zip Shallotte NC 28459
Contact Person Grady P Hardwick Title Owner Phone [phone]
Directions to Protect
At intersection of US Hwy and Business 17 Shallotte (East end of Shallotte) Travel North on Forest St extension NW
approximately 1 25
Type of Project State Stormwater- Low Density
Drain Areas 1 - (Shallotte River) (03-07-59 ) ( SC,HQW)
On -Site Representative(s)
Related Permits
SW8051011 Hardsmith Inc - Greenbay Subdivision Phase 2
Inspection Date 03/07/2018 Entry Time 09 OOAM
Primary Inspector Alida R Lewis
Secondary Inspector(s)
Reason for Inspection Follow-up
Permit Inspection Type State Stormwater
Facility Status ❑ Compliant ® Not Compliant
Question Areas
® State Stormwater
(See attachment summary)
Exit Time 09 05AM
Phone [phone]
Inspection Type Compliance Evaluation
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Permit SWBO11022 Owner - Protect Hardsmith Inc
Inspection Date 03/07/2018 Inspection Type Compliance Evaluation Reason for Visit Follow-up
Inspection Summary
On March 20, 2002, the Division Issued low density stormwater permit #SW8 011022 to Hardsmith Inc for the
development of a 119 lot subdivision known as Greenbay Subdivision
On November 21, 2014 and on February 4, 2015, respectively, the Division sent you a Notice of Inspection and a Notice
of Deficiency No reply to either letter has been received The Division is moving to a Notice of Violation
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ® ❑ ❑
Comment 1 The permittee has not responded to the Notice of Deficiency sent on February 4 2015 Moving to
NOV
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