SW8070201_NOV_20190523

OROY COOPER
Governor
MICHAEL S. REGAN
Secretary.
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
May 23, 2019
CERTIFIED MAIL #7017 1450 0000 3937 3288
RETURN RECEIPT REQUESTED
Forever Home of Wilmington, LLC
Attn: Lawrence Lippincott, Member/Manager
1130 Anchors Bend Wayne
Wilmington, NC 28411
CERTIFIED MAIL #7017 0190 0000 9534 4431
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RETURN RECEIPT REQUESTED
Logan,
F�p4
7413 Aloft Way
fNG
Wilmington, NC 28411
Subject: NOTICE OF VIOLATION, NOV-2018-PC-0467
Anchors Bend Subdivision
Stormwater Permit No. SW8 070201
New Hanover County
Dear Messrs. Lippincott and Logan:
On April 14, 2016 and again on June 29, 2018, Wilmington Regional Office staff of the Division of
Energy, Mineral and Land Resources (DEMLR) performed a Compliance Inspection of the subject
project, located at Middle Sound Loop Road and Anchors Bend Way, Wilmington, New Hanover
County, North Carolina. A copy of these compliance inspection reports were sent to you on April 28,
2016 and on June 29, 2018. Having received no response to the April 14, 2016 inspection report,
the Division re -inspected on June 29, 2018. The Division met with both parties on July 30, 2018 to
discuss the findings of the inspection reports. Mr. Lippincott's letter of response, which was provided
at the meeting, indicates the intention to follow-up with the Division and to resolve the deficiencies
listed in the inspection report. The inspections were performed to determine the status of
compliance with Stormwater Permit Number SW8 070201, transferred and reissued to
ForeverHome of Wilmington, LLC on July 10, 2014.
The project has been found in violation of Stormwater Permit Number SW8 070201, issued pursuant
to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are:
1. Failure to Operate and Maintain the Stormwater System. Per Design Standard Condition
1.3, each designated curb outlet swale must be maintained at a minimum of 100 feet long
with 5:1 or flatter side slopes, a longitudinal slope of 5% or less, maintain a dense
vegetated cover, and be able to pass the peak flow from a 10 year storm non-erosively.
Several of the permitted curb outlet swales have been piped, or are overgrown and have
side slopes that are steeper than 5:1.
Failure to enforce the piping limits. Per Design Standard Condition 1.4, only that minimum
amount of piping needed to direct runoff under a driveway is allowed and per Schedule of
Compliance Condition 11.6, the permittee shall not approve any lot plan where the piping
limits have been exceeded. The owner of Lot 30 has piped the entire lot frontage with the
apparent approval of the permittee.
1. Failure to enforce the permitted built -upon area limits. Per Schedule of Compliance
Condition 11.6, the permittee shall not approve any lot plan where the permitted maximum
amount of BUA assigned to that lot has been exceeded. The plan for Lot 30 was apparently
approved by the permittee with 5471 square feet of BUA, which is 671 square feet over
the permitted maximum of 4800 square feet.
®� Q2O North Carolina Department of Environmental Quality Division of Energy. Mineral and Land Resources
J Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405

State Stormwater Management
Permit No SVV8 070201
Failure to certify the project. Per Schedule of Compliance Condition 11.9, the permittee must
provide certification in writing within 30 days of completing the project, that the project's
stormwater controls and impervious surfaces have been constructed within substantial
intent of the approved plans. An administrative review of the file revealed that this Office
has not received the Designer's Certification.
Failure to submit an application to the Division to address the BUA overarse and the excess
Li in =on Lot 30. On July 2, 2018, DEMLR emailed Mi. Logan with a proposed resolution to
the pip ng and the BUA overage. Mr. Logan was reminded that, in order to receive BUA credit
for the perm=ab'e pavement, he is required to submit a permit application to the Division
and ne r mit. This application was also required to include a proposal to address
the exc count of piping installed on the lot at 7413 Aloft %key. To date. DEMLR has
not re% - ested application from Mr. Logan.
To correct these voia: please conduct the following actions and provide the following
nformation:
1. Provide a "Plan of Action'' to DEMLR that states how and when these violations will be
abated and corrected.
2. Provide the necessary maintenance to restore all of the curb outlet swages to design
condition.
3. Remove all piping in excess of that minimum amount needed under a driveway to provide
access to the lot.
4. Remove all piping that has been installed past the right-of-way line in any curb outlet Swale
and restore the Swale to design condition.
5. Enforce the BUA limits and the piping limits specified in the permit and in the recorded deed
restrictions on each lot. Prepare a spreadsheet listing of all lots with their maximum
permitted BUA limit and the amount of BUA approved by the permittee. A copy of these
records must be provided to the Division at the time the transfer of the permit to the HOA is
requested.
6. The owner of Lot 30, D.I. Logan, Jr., must submit an application to the Division to
demonstrate how the BUA on the lot has been reduced to meet the permitted maximum
BUA limit and how the excess piping on that lot has been mitigated, i.e., via removal or via
one of the options presented in the Division's July 2, 2018 email to Mr. Logan.
7. Once all the compliance issues have been addressed, provide the required project
certification to the Division.
8. After the project is certified, you may begin the process of lransfening the permit to the
Association, assuming all the requirements of NCAC 02H.1045 have been met.
Please provide an updated "Plan of Action" by June 22, 2019 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.
By copy of this letter to the New Hanover County Building Safety Department, this office is requesting
that the Building Inspector consider withholding future building permits and Certificates of Occupancy
for any remaining lots in this subdivision and for the proposed Townhorne project until this matter is
satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis at (910)-796-7215.
Sincerely,
- S. Dame r t�, Interim Director
Division of Energy, Mineral, and Land Resources
GDS\art: G:A\\StormwaterVPerm'ds & Projects\2007\070201 LD\2019 05 NOV 070201
cc New Hanover County Building Safety
Cha,l.e Caner, RE_, Intracoastal Engineering
Ala,na Mormon, DEMLR
wilmmgton Regional Office Stormwater File
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