Rescission of NOV-2018-PC-0037

ROY COOPER
Governor
ap
MICHAEL S. REGAN
secretory
Energy, Mineral& WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Land Resources
ENVIRONMENTAL QUALITY
July 19, 2018
City of Wilmington RECFI `/ED
Attn: Sterling Cheatham, City Manager
PO Box 1810 JUL 2 5 2018
Wilmington, NC 28402
DENR-LAND QUALITY
Subject: RESCISSION OF NOV-2018-PC-0037 STORMWATER PERMITTING
Silverstream Regional Water Quality Facility
Stormwater Management Permit No. SW8 921002
New Hanover County
Dear Mr. Cheatham
On February 12, 2018, the Division issued a Notice of Violation to the City of Wilmington for the
unauthorized construction of additional built -upon area and expansion of the project area. On June 15,
2018, the Legislature passed Session Law 2018-114, which allowed certain variances from the Coastal
Stormwater Program rules and requirements. Specifically, Section 16.(c) of SL 2018-114, indicates that
"a regional water qualityfacility shall not be required to increase the size of its wet detention ponds or
decrease the amount of development or impervious surface for which it has been permitted based on an
incorrect calculation in its stormwater management permit. "
In light of this Session Law, the Division is herewith rescinding the February 12, 2018 Notice of
Violation. The Division is not requiring the City to increase the size of the currently permitted wet
detention ponds, nor is the Division requiring the City to decrease the amount of development or
impervious surfaces for which this facility has been permitted.
No additional development outside of the permitted drainage area shall be allowed to drain into the
permitted facility. The Division is not requiring the City to modify the permit or to decrease the amount
of development or impervious surfaces, however, the remaining terms, conditions, and limitations
contained in the most recent permit remain in full force and effect. This includes the requirements to
provide the permitted amounts of pond surface area and volume, and to limit each lot that lies within the
original permitted drainage area boundary to that maximum BUA amount as assigned in the current
permit.
If you have any questions, please do not hesitate to call Georgette Scott in the Wilmington Regional
Office at [phone].
Sincerely,
9� William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
GDS\arl: G:\\\Stormwater\Permits & Projects\ 1 992\921002 HD\2018 07 letter 921002
cc: Derek Pielech, PE, City of Wilmington
New Hanover County Building Inspections
Annette Lucas, PE, DEMLR
Georgette Scott, WiRO Stormwater Supervisor
Wilmington Regional Office Stormwater File
State of North Carolina 1 Environmental Quality Energy. Mineral and Land Resources
Wilmington Regional Mice 1 127 Cardinal Drive Extension I Wilmington. NC 25405
410 79b 7215