SW8050217_NOD_20180820

ROY COOPER
Gowrnor
MICHAEL S. REGAN
�,r1o
Secrerary
Energy, Mineral WILLIAM E. (TOBY) VINSON, JR.
gy lnterim Director
Land Resources
ENVIRONMENTAL OUALITV
August 20, 2018
CERTIFIED :MAIL 47013 2630 0002 1133 7270
RETLRN RECEIPT REQUESTED
Cape Fear Investment & Development, LLC
Attn: Mr. Robert Huckabee, III, Manager
232 Causeway Drive, Suite 2A
Wrightsville Beach. NC 28480
Subject: NOTICE OF DEFICIENCY, NOD 20118-PC-0264
REQUEST FOR MINOR MODIFICATION
NOTICE OF PERMIT EXTENSION
REQUEST FOR PERMIT RENEWAL
421 Industrial Park
Stormwater Permit No. SW8 050217
New Hanover County
Dear Mr. Huckabee:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. On August 16, 2108, Kelly Johnson of the Wilmington Regional Office of the Division of
Energy, Mineral and Land Resources (DEMLR) inspected the subject project in New Hanover County to
determine compliance with Stormwater Management Permit Number SW8 050217 issued most recently
on November 23, 2009. 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.
Notice of Deficiency:
1. Deficiencies: As indicated in the attached inspection report, the following deficiencies must be
resolved:
a. Permit Section E (3), Maintenance: Maintenance is needed per the enclosed O&M
agreement. Please see Attachment A for a photo of the pond's current state.
b. Permit Section II (14) Deed Restrictions: Restrictions are recorded in BK4877/PG763-
770 (7/18/05), but they are not complete. The following statements were omitted and
need to be recorded:
i. Section II (14) (f): The restrictions limit the impervious area to 75% of the
square footage of the lot. But, the permit requires specific impervious area per
lot values to be recorded for each lot.
ii. Section II (14) (h): Built -upon area in excess of the permitted amount will
require a permit modification.
iii. Section 11 (14) (i): Each lot within the subdivision whose ownership is not
retained by the permittee, must submit a separate Offsite Stormwater
Management Permit application package to the [DEMLR] and receive a permit
prior to any construction on the lot.
SlalrofNln _., mu.¢n nlinalal Id L<nc Rcnnurce>
Wihnt nyto, I. 11 1 �rI:, u. NC 25405

State Stormwater Permit No. SW8 051022
Page 2 of 6
c. Offsite Permits: Any lot not owned by the SW8 050217 permittee needs to obtain its
own offsite permit. It is unclear if the impervious area for the pond is constructed
appropriately because it does not appear that all of the lots have permits.
2. Required Response:
a. Due Date: Please inform this Office in writing before September 20, 2018, 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 September 20, 2018 then DEMLR staff will re -inspect the site and issue a
Notice of Violation if the listed deficiencies have not been addressed.
b. Timeframe of Follow Up Actions if No Response:
i. September 21, 2018: If a response is not received by September 20, 2018 a
Notice of Violation will be mailed on September 21, 2018. A response will be
due on October 22, 2018.
ii. October 23, 2018: If a response is not received by October 22, 2018 DEMLR
will begin the enforcement process to assess civil penalties on October 23, 2018.
c. This project has a history of violations. ]Please note that failure to maintain State
Stormwater systems may jeopardize your ability to obtain State Stormwater
permits in the future.
Request for Minor Modification:
1. Pipe: Please submit a minor modification to add the pipe draining from Lot 5 as shown in
Attachment B.
2. Lot Lines: Please modify the permit to show the current lot lines as summarized in Attachment
C.
Notice of Permit Extension & Request for Renewal Application:
1. Extension: On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts
any development approval issued by the Division of Energy, Mineral and Land Resources under
Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between
January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater
permit that was set to expire during this time frame up to three (3) years from its current
expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted
an extra year for an extension of up to four (4) years. Your permit originally expired on March
16, 2015, and has been extended until March 16, 2019.
2. Request for Renewal Application: Permit Section III (9) requires you to apply for a permit
renewal at least 180 days before the March 16, 2019 expiration date. The Renewal Application is
therefore due on September 17, 2019. Please include the Renewal Application in your
response September 20, 2018 response package.
Statc of North Carolina I Environmental Quality I Encrgy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drivc Extension I Wilmington. NC 28405
910 796 7215

State Storznwater Pen -nit No. SW8 051022
Page 3 of 6
Please be reminded that if an ownership change, or a name change or a mailing address change has
occurred, it is your responsibility to submit a completed and signed Name/Ownership Change form to the
Division. Please include the name, mailing address and phone number of the party who is now
responsible for this permit. If you have any questions, please contact Kelly Johnson at the AIilmington
Regional Office, telephone number [phone].
Sincerely,
Y,,, William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
enclosures: Compliance Inspection Report
Permit, 11 /23/09
Operation and Maintenance Agreement, 2005
Deed Restrictions, BK4877/PG763-770 (7/18/05)
Minor Modification Application
Renewal Application
GDS/kpj: \\\Stormwater\Permits & Projects\2005\051022 HD\2018 08 NOD 051022
cc: Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office i 127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215