SW8970315_NOV_20190712

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Dlrecmr
July 12, 2019
NORTH CAROLINA
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CERTIFIED MAIL #70112000 0002 2768 9513
RETURN RECEIPT REQUESTED
Amy Hewett Tanner, Heir
Estate of Mack L. Hewett, Sr., Permittee
5020 Nicholas Creek Circle
Wilmington, NC 28409
Subject: NOTICE OF VIOLATION, NOV-2019-PG-0508
Hewett Farm Subdivision
Stormwater Management Permit No. SW8 970315
Brunswick County
Dear Mrs. Tanner:
RECEIVED
JUL 17 2019
DENR-LAND QUALITY
STORMWATER PERMITTING
On June 18, 2019, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources (DEMLR) performed a File Review Inspection of the subject project, located off NC 179 at
Hewett Farms Road, Brunswick County, North Carolina. A copy of the compliance inspection report
was sent to you on May 14, 2019. A follow-up Compliance Inspection was conducted on June 18,
2019. The inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 970315, issued to Mack Hewett, Sr. on May 15, 1997.
The project has been found in violation of Stormwater Permit Number SW8 970315, issued pursuant
to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are:
1. Failure to build in accordance with the approved plans and specifications. Per Design
Standard Condition 1.3, the approved plans and specifications for the project are
incorporated into the permit by reference and are an enforceable part of the permit. The
project must be built in accordance with those approved plans and specifications. The
permitted roadside swales have not been installed.
2. Failure to record the permit -required deed restriction statements. Per Design Standard
Condition 1.8 of the Permit, the permittee must record deed restrictions which contain the
statements from the permit, prior to the sale of any lot. The recorded deed restrictions
contain no reference to these required statements.
3. Failure to submit a copy of the recorded deed restrictions within 30 days of recording, Per
Design Standard Condition 1.8 of the permit, the permittee is required to submit a copy of
the recorded deed restrictions to the Division within 30 days of recording. The permittee
did not provide a copy of the recorded deed restrictions. The Division recently located and
downloaded a copy from the Brunswick County ROD website.
4. Failure to maintain compliance with the permitted maximum BUA limit. Per Design
Standard Condition 1.7 of the permit, the permittee is responsible for verifying that the
permitted BUA limit is not exceeded on any lot. It appears that several lots have exceeded
the maximum allowed BUA limit of 4,000 sf.
5. Failure to certify the stormwater system. Per Schedule of Compliance Condition 11.4 of the
Permit, the permittee shall submit the Engineer/Owner/Designer/Permittee Certification
within 30 days of completing the project. An administrative review of the file revealed that
this Office has not received the required project Certification.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
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State Stormwater Permit No. S W 8 970315
Page 2 of 2
6. Failure to limit oipinO. Per Design Standard Condition 1.5 of the permit, piping is limited to
that minimum amount needed under road to facilitate drainage, or under a driveway to
facilitate access to a lot. Asignificant collection system of pipes and inlets has been
installed at the end of Sunnyside Street and at the entrance to the subdivision.
Failure to transfer the permit after a change of ownership. Per General Condition III of the
permit, the permittee is required to notify the Division of any change of ownership and to
submit a request to the Division to transfer the permit to the new owner. The common
areas of the subdivision were conveyed to the Association on April 25, 2007 however, the
permittee did not submit a request to the Division to transfer the permit to the Association.
To correct these violations, you must:
1. Restore, operate and maintain the permitted roadside swales at design condition or submit
a modification to change the proposed design.
2. Remove the piped collection system and inlets or submit a modification to change the
regulated activity to high density.
3. Record the permit -required deed restrictions, with the joinder of all the lot owners. To
address the BUA overages, changes to the maximum allowed BUA limit may be needed, or
the permit may need to be modified to high density. Please note that there are an ample
number of vacant lots owned by the heirs of Mack Hewett, Sr. from which BUA could be
borrowed and given to the overbuilt lots to resolve the overages.
4. Upon the successful restoration of the site to a compliant condition, submit the required
Certification document and a request to transfer the permit to the Association.
Please note that Robert Borruso, president of the Hewett Farms Community Association, Inc.
provided a letter via email attachment on June 6, 2019, indicating that the HOA has hired a
consultant to assist them in resolving the issues. It is not the HOA's responsibility to address the
compliance issues since the permit remains in the name of Mack Hewett. The Association may elect
to take over the permit "as is" and to address the compliance issues after they become the
permittee of record.
Please provide a "Plan of Action" by August 12, 2019 to DEMLR that states how and when these
violations will be corrected. If we do not receive your plan of action by the due 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.
if you have any questions concerning this matter, please call Linda Lewis at (910)-796-7215.
Sin 7reIy,
7o S. Danie Smith, Director c
Division of Energy, Mineral, and Land Resources
Enclosures: Compliance Inspection Report
GDS\arl: G:\\\Stormwater\Permits & Projects\1997\970315 LD\2019 07 NOV 970315
cc: David Hewett, Heir (1304 Hewett Farms Road SW Shallotte NC 28470-5284)
Janice L. Hewett, Heir (910 Copas Road Shallotte NC 28470)
Mack Hewett, Jr., Heir (Hewett Law Firm 712 Village Road Suite 205 Shallotte NC 28470)
Robert Borruso, President, Hewett Farms Community Association, Inc.
Brigit Flora, Boru s wi B01 runswick St Beach
Stormwater
28469)
Alaina Morman, DEMLR
Wilmington Regional Office Stormwater File

Compliance Inspection Report
Permit: SW8970315 Effective:05114/97 Expiration:
Project: Hewett Farm Subdivision
Owner: Mack L Hewett
County: Brunswick Adress: NC 179 At Hewett Farms Rd
Region: Wilmington
City/State/Zip: Shallotte NC 28459
Contact Person: Mack L Hewett Title: Phone:
Directions to Project:
Type of Project: State Stormwater - Low Density
Drain Areas:
On -Site Representative(s):
Related Permits:
Inspection Date: 06/18/2019 Entry Time: 01:15PM Exit Time: 01:30PM
Primary Inspector: Connor Musial
Secondary Inspector(s):
Alida R Lewis
Phone:
Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page: 1

permit: SW8970315 Owner - Project: Mack L Hewett
Inspection Data: 06118/2019 Inspection Type Compliance Evaluation
Reason for VisitFollow-up
Inspection Summary:
This is a follow-up inspection to the original file review inspection. The following compliance issues are noted for this
project:
1. The project has not been certified.
2. Deed restrictions limiting BUA on each lot have not been recorded.
3. Several lots have exceeded the maximum permitted BUA limit.
4. The roadside swales have not been installed.
5. In at least 2 locations, grated inlets and piping have been installed within the road right-of-way.
6. Ownership of the common areas of the subdivision has been conveyed to the HOA, but the permit has not been
transferred.
page: 2

Permit.. SW8970315 Owner - Project: Mack L Hewett
Inspection Date: 06/18/2019 Inspection Type Compliance Evaluation Reason for Visit- Follow-up
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ N ❑ ❑
Comment: 1. The Proiect has not been certified.
2. The recorded deed restriction document does not contain any of the permit -required statements
limiting the BUA on each of the 51 lots. It does not appear that any subsequent restrictions were filed.
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? ❑ ❑ ❑ 0
Comment: 3. Ten of the nineteen developed lots in the subdivision have exceeded their maximum permitted BUA
limit.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ■ ❑ ❑
Are the inlets located per the approved plans? ❑ on ❑
Are the outlet structures located per the approved plans? ❑ ❑ N ❑
Comment: 4. The permitted roadside swales have not been constructed. Runoff sheet flows off the street and into
the front yards of the lots.
5. In at least 2 locations. inlets and Pipinq have been installed to collect and convey road runoff. in
violation of the stormwater rules. Locations include the end of Sunnyside Street and at the entrance to
the subdivision. The existing inlets and piping at this site were not shown on the approved plans and
are not allowed under low density.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ N ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ ❑
DWQ upon request?
Comment: 6. The roadside swales have not been constructed.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑❑❑❑
Comment: 7. Ownership of the common areas of the subdivision has been conveyed to the Association. The
permittte did not submit a request to transfer the permit.
page: 3