SW8980801_NOV_20190712

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Dtreetar
July 12, 2019
NORTH CAROLINA
Envkarw enrol QaaUty
CERTIFIED MAIL #70112000 0002 2768 9506
RETURN RECEIPT REQUESTED
RECEIVED
Ocean Ridge Farms, Inc. JUL 1 % 2��9
Attn: Gregory Gore, President
502 Sunset Boulevard North DENR-LAND QUALITY
Sunset Beach, NC 28468 STORMWATER PERMITTING
Subject: NOTICE OF VIOLATION, NOV-2019-PG-0509
Ocean Ridge Plantation Phase II, Sections 2 & 3, Phase III, Section 1
Stormwater Permit No. SW8 980801
Brunswick County
Dear Mr. Gore:
On November 15, 2018, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources (DEMLR) performed a Compliance Inspection of the subject project, located off US 17 and
NC 904 in Brunswick County, North Carolina. A copy of the compliance inspection report was sent to
you on November 19, 2019. The inspection was performed after receiving numerous complaints
from residents about a general lack of maintenance, erosion, sinkholes and possible leaking pipes.
The project has been found in violation of Stormwater Permit Number SW8 980801, issued to Ocean
Ridge Farms, Inc. on December 17, 2002, 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 Schedule of Compliance
Condition 11.13 of the permit, the Permittee shall provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency. It
was observed that there is erosion around the amenity pond outlet structure. The amenity
pond acts as a collection device for the runoff which needs to be adequately conveyed to
Pond #1.
2. Failure to Renew State Stormwater Permit. Per NCAC 02H.1003(h)(2) of the stormwater
rules, applications for permit renewals shall be submitted 180 days prior to the expiration
of a permit. An administrative review of the file revealed that the permit expired on
December 17, 2016 (after the 4-year extension was granted). You were notified on
September 9, 2011 and again on November 15, 2018 of the need to renew the permit.
Our files indicate, that as of this date, you have not submitted a request to renew the
permit.
3. Failure to transfer the permit after a change of ownership. Per General Condition 111.1 of
the permit, the permittee must submit a "Name/Ownership Change Form" (now called a
Permit Transfer Application Form) to the Division and receive approval to change ownership
of the permit. A portion of the property covered by this permit was conveyed to and
developed by MAS Properties, LLC, however, the permittee has not submitted a change of
ownership form to the Division. The permit remains in the name of Ocean Ridge Farms, Inc.
North Carolina Department of Environmental QualHy I D vision of Energy. Mineral and land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

State Stormwater Permit No. SW8 980801
Page 2 of 2
To correct these violations, you must:
1. Follow the approved Operation and Maintenance Plan in its entirety and perform the
maintenance at the scheduled intervals, including, but not limited to:
• Routine monthly inspections;
• Sediment Removal;
• Mowing and re -vegetation of side slopes;
• Immediate repair of eroded areas;
• Maintenance of side slopes in accordance with the approved plans and
specifications;
• Debris removal and unclogging of the outlet structure, orifice device and
catch basins and piping;
• Maintain access to the outlet structure at all times.
2. Submit the renewal application, supporting documentation and $505.00 fee to the Division
to renew the permit for the next 8-year cycle to December 17, 2024.
3. Submit a signed request to transfer the permit to MAS Properties, LLC.
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 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 Brunswick County, 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 Linda Lewis in the Wilmington Regional
Office at (910)-796-7215.
Ancly,
F, S. Daniel mith, D
Division of Energy, Mineral, and Land Resources
Enclosures: Compliance Inspection Report
GDS\arl: G:\\\Stormwater\Permits & Projects\1998\980801 HD\2019 07 NOV 980801
cc: Kellie Norris, EIT, Cape Fear Engineering (151 Poole Road, Suite 100, Belville NC 28451)
Brunswick County Building Inspections
Alaina Morman, DEMLR
Wilmington Regional Office Stormwater File