20042058 Ver 1_Stormwater Approval_20090515

OLA lo 58
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
May 15, 2009
Jeff Harvell
Juniper Creek, LLC
PO Box 56
Winnabow, NC 28479
Subject: CONTINUING NOTICE OF VIOLATION (NOV-2009-PC-0246)
Juniper Creek
Stormwater Permit No. SW8 050309
Brunswick County
Dear Mr. Harvell:
On May 12, 2009, Mr. Steve Pusey and Mr. Chad Coburn from the Wilmington Regional Office,
performed a Compliance Inspection of the subject project, located off Old Fayetteville Road,
near Leland, in Brunswick County, North Carolina. The inspection was performed to review the
overall terms of the original NOV issued on March 18, 2009, and to determine the status of
compliance with Stormwater Permit Number SW8 050309, issued to you on March 17, 2005
with approved plan revisions on August 31, 2007. Others present at the site were
representatives from East Coast Engineering & Surveying, US Army Corps of Engineers, and
the EPA.
To summarize the stormwater portion, the project has been found in violation of Stormwater
Permit Number SW8 050309, issued pursuant to the requirements of 15A NCAC 2H.1000. The
violations found are:
1. Overall lot layout has changed and is not in accordance with the plans. It appears that
at least one or more lots have changed on this project. Specifically, Lot 2 appears to
have 2 houses on it, and many lot numbers in the field do not match the plans. Also,
there are no street names on the plans.
2. Drainage swales in the back of many lots and throughout the project site are not
constructed in accordance with the plans. An approx. 3' ditch has been constructed
instead of a 1' deep trapezoidal swale, as specified.
3. Drainage swales have not been maintained properly. All swales require modification to
bring them into compliance.
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 June 15,
2009.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer
May 15, 2009
Juniper Creek
Stormwater Permit No. SW8 050309
2. Submit a revised site plan and grading / drainage plan with proposed changes. Revised
plans must show any proposed changes to the drainage pattern. We recommend
keeping the basic concept of the overall drainage system by routing the runoff from the
northernmost drainage areas towards the relic ditch in the wetlands north of the
property.
3. Convert existing ditches on the site to trapezoidal swales with 5:1 slope, as shown in the
plan details.
4. Submit revised calculations, as needed, to show that flow through the swales and outlets
is non-erosive for a 10-year storm.
5. Show riprap, scour holes, and/or level spreaders on the plans, as needed, to diffuse the
flow at the outlet areas.
Failure to provide the "Plan of Action" by June 15, 2009, 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 Steve Pusey or Chad Coburn at
910-796-7215.
Sincerely,
C.l?.
Rick Shiver
Wilmington Regional Supervisor
Surface Water Protection Section
RS\sgp: S:\WQS\STORMWATER\NOTICE\050309.may09
cc: Alan C. Lewis, President - East Coast Engineering & Surveying, PC
Brunswick County Building Inspections
John Hennessey, NPS-ACO Unit
Cyndi Karoly - 401 Oversight/Express Review Permitting Unit
Kimberly Garvey - USACE Wilmington Field Office
Georgette Scott
Steve Pusey
WIRO
Page 2 of 2
Compliance Inspection Report
Permit: SW8050309 Effective: 03/17/05 Expiration: 03/17/15 Owner: Juniper Creek, LLC
Project: Juniper Creek
County: Brunswick Old Fayetteville Rd
Region: Wilmington
Leland NC 28451
Contact Person: Jeff Harvell Title: Phone: [phone]
Directions to Project:
From intersection of US 17 & US 74, travel north approx 1.3 miles. Turn left on Old Fayetteville Rd., Site is approx 1.3 miles on right.
Type of Project: State Stormwater - LD - Curb and Gutter
Drain Areas: 1 -
On-Site Representative(s):
Related Permits:
Inspection Date: 05/12/2009 Entry Time: 10:00 AM Exit Time: 12:30 PM
Primary Inspector: Steven G Pusey Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Stormwater
Permit Inspection Type: State Stormwater
Facility Status: n Compliant ¦ Not Compliant
Question Areas:
N State Stormwater
(See attachment summary)
Page: 1
Permit: SW8050309 Owner - Project: Juniper Creek, LLC
Inspection Date: 05/12/2009 Inspection Type: Stormwater Reason for Visit: Routine
Inspection Summary:
This permit will require either a plan revision or modification.
The following items, as a minimum, need to be corrected to bring the project into compliance:
1. A revised site plan and stormwater grading / drainage plan with proposed changes must be submitted.
2. Current ditches on the site must be converted into trapezoidal swales with 5:1 slope as shown in the plan details.
3. Revised calculations, as needed, will be required to show that flow through the swales and outlets is nonerosive for a
10-year storm.
4. Scour holes and/or level spreaders must be shown on the plans, as needed, to diffuse the flow at the outlets.
Page: 2
Permit: SW8050309 Owner - Project: Juniper Creek, LLC
Inspection Date: 05/12/2009 Inspection Type: Stormwater
Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 0 ? ? ?
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:
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ? ¦ ? ?
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: Site is not built-out yet. However, there is some discrepancy with lot
numbers, houses per lot, etc. The site plan and stormwater drainage plan will need to
be revised and resubmitted.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ? N ? ?
Are the inlets located per the approved plans? 0000
Are the outlet structures located per the approved plans? ? ¦ ? ?
Comment: Drainage swales in the back of many lots and throughout the site are not
constructed according to the plans. There is an approx. 3' ditch instead of the 1' deep
swales specified. These ditches need to be converted into trapezoidal swales with 5:1
side slopes in accordance with revised plans. In addition, the revised plans must show
any proposed changes to the drainage pattern. We recommend keeping the basic
concept of the overall drainage system by routing the runoff from the northernmost
drainage areas towards the relic ditch in the wetlands north of the property.
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 DWQ ? ? ?
upon request?
Comment: Swales have neither been constructed according to plan nor been
maintained properly. All swales will require modification to be in accordance with the
plans. All discharge outlets shall be nonerosive, which means that either a scour hole
or level spreader may need to be installed, depending on the velocity at the outlet for a
10-year storm.
Page: 3