SW8051011_NOV_20180314

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
March 7, 2018
CERTIFIED NIAII, #7008 0150 0002 2652 2466
RETU-RN RECEIPT REQUESTED
ROY COOPER
Governor
MICHAEL S REGAN
Secretary,
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Hardsmith, Inc
Attn Grady Hardwick, President
PO Box 535
North Myrtle Beach, SC 29597
Subject: NOTICE OF VIOLATION, NOV-2018-PC-0077
Greenbay Subdivision Phase 2 (aka Green Bay Village Phase 2)
Stormwater Permit No. SW8 051011
Brunswick County
Dear Mr Hardwick
CEi 9 rfr)
MAR 14 2010
©ENR -LAND QUALITY
TOR44WATER PERMITTING
On 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 the compliance inspection report was sent
to you on February 19, 2015 The inspection was performed to detennme the status of compliance with
Stormwater Permit Number SW8 051011, issued to you on June 2, 2006.
The project has been found in violation of Stor nwater Permit Number SW8 051011, issued pursuant to the
requirements of the stormwater rules, 15A NCAC 2H 1000 The violations found are
Schedule of Compliance Condition -11 14 - Failure to submit a time schedule to the Director The
permittee has not provided a response to the ownership concerns listed in the February 19, 2015
inspection report
2 Schedule of Comphance Condition I110 -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
General Condition III9 — Failure to notify the Division of a project naine change and an
ownership change within 30 dam The deed restrictions refer to this phase as Green Bay Village
Phase 2 and the NCSOS filings 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 Both the corporate dissolution and the project name change required notification to the
Division To date, no notifications have been provided to the Division
To correct the above -listed violations, please provide the following actions and/or documents
1. Respond to the previous inspection report and to this Notice of Violation
2 Certify the project.
3 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
State of North Ca, olma I Environmental Quality i Energv, Mineral and Land RcsourLCS
Wilmington Regional Office 1127 Cardinal Drive Evtcnslon I Wilmington NC 25405
910 79b 7215

NOV-2018-PC-0077
State Stormwater Permit No SW8 051011
Page 2 of 2 'r
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 NCAC
2H 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:
Mips://deq.nc. gov/abouUdivisions/energv-mineral-land-resources/energv-iniiieral-land-rules/stormwater-
pro rani/post-construction
If you have any questions concerning this matter, please call Linda Lewis at (910)-796-7215
Sincerely,
1 n
x William`. (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\2005\051011 LD\2018 03 NOV 051011
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 Buildingg Inspections
'ah—nette•I,iicas;'cPE ='DEMLR Stormwate)
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
Wilmington Regional Office Stormwater File
State of Nonh Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilnungton Regional Office 1 127 Cardinal Drive Extension I tiVihnington. NC 28405
910 796 7215

. r
CompHance �nspecUon Repeat
Permit: SW8051011 Effective: 06/02/06 Expiration:
Project: Greenbay Subdivision Phase 2
Owner: Hardsmith Inc
County: Brunswick Adress: Off Forest St Ext NW
Region: Wilmington
City/State/Zip: Shallotte NC 28459
Contact Person: Grady P Hardwnck Title: Owner Phone: [phone]
Directions to Project:
At intersection of US Hwy 17 & Business 17 Shallotte (east end of Shallotte), travel North on Forest St. Ext NW approx 1 5 miles.
Type of Project: State Stormwater - Low Density
Drain Areas: 1 - (Woodward Branch (Charles Branch)) (03-07-59) ( C,Sw,HQW)
On -Site Representative(s):
Related Permits:
Inspection Date: 01/2212015 Entry Time: 10*OOAM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: Compliant ❑ Not Compliant
Question Areas:
M State Stormwater
(See attachment summary)
Exit Time: 10 20AM
Phone: [phone]
Inspection Type: Compliance Evaluation
page 1

f
Permit: SW8051011 Owmer- Project Hardsmithlnc
Inspection Date. 01/22/2015 Inspection Type Compliance Evaluation Reason for Visit: _ Complaint
inspection Summary:
The project was inspected as part of a follow-up inspection of the adjacent Phase 1 project under SW8 011022.
This phase of the subdivision appears to be in better shape as far as the roadside and lot line swales are concerned The
permittee needs to review the builder's proposed lot plans to ensure that no lot has piped their road frontage and that the
driveway pipe is properly Installed and that the swales are repaired and maintained with a dense vegetated cover
The permittee needs to keep track of the amount of BUA that the builders are constructing on each lot to ensure that It
does not exceed the maximum allowed 3024 square feet
The covenants for the subdivision refer to the name of the subdivision as Green Bay Village The project was submitted
to the Division and permitted as Greenbay Subdivision Phase ll. Please advise if the name of the project needs to be
changed by submitting a completed and signed Name/Ownership Change form
The permittee has not required the formation of an HOA There is currently no legal entity to transfer the common areas
to or the permit to. The lot owners may elect to form an HOA if 85% of the lot owners agree to it
page 2

' Permit; SW8051011 Owner - Project• Hardsmith Inc
Inspection Date, 01/22/2015 Inspection Type Compliance Evaluation Reason for Visit: Complaint
File Review Yes No RIA RIE
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? 0 ❑ ❑ ❑
Copy of the recorded deed restrictions Is In the file? N ❑ ❑ ❑
Comment 1 The recorded document references the name of the subdivision as Green Bay Village
Built Upton Area Yes No WA RIE
Is the site BUA constructed as per the permit and approval plans? Er ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 0 ® ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ E ❑
Comment 2 The permittee should be keeping track of the amount of BUA being constucted by the builders on
each lot In order to maintain compliance with the per lot BUA limit of 3024 sf
SW Measures Yes No RIA RIE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? ;' `: ® ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment 3 Roadside and lot line swales are In place.
Operation and Maintenance Yes No RIA 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 ❑ ❑ ❑ `
DWQ upon request?
Comment 4 Please keep on top of the maintenance In this Phase to avoid the problems that Phase 1 Is having
Other Permit Conditions Yes No MA RIE
Is the site compliant with other conditions of the permit? ❑ 0 ❑ ❑
Comment- 5 The covenants allow the lot owners to decide if they want to form an HOA. There Is currently no entity
to transfer the permit to or the common areas to when 85% of the lots are sold In that case, Hardsmith,
Inc will remain the permittee of record until such time as the HOA Is formed or until such time as the
permitee authorizes the transfer of the permit to all the lot owners
page. 3