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HomeMy WebLinkAboutSW8050842_Compliance Evaluation Inspection_20190128C o T T Courc Now t o s �E l o l ►� � � �U Q. SLkt-TF LC LT-,LkV3bf NG 2g4S� OV7�tCE a to A :� 4 3 - � 9,0,3 �po( � vd ^ E, -3 - � ,D-v � DZI S 3 t 0�-: GowER ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH NORTH CAROLINA Interim Director Environmental Quality January 28, 2019 CERTIFIED TMATL #7013 2630 0002 0760 7554 RETURN RECEIPT REQUESTED Neighborhoods of Holly Ridge, LLC Attn: Ryan Cook, Manager 1105 New Pointe Boulevard, Suite 6 Leland, NC 28451-4130 Subject: NOTICE OF CONTINUING VIOLATION and Recommendation for Enforcement NOV-2018-PC-0138 Phase 1 Stormwater Permit No. SW8 050213 '_!OV-2018-PC-0140 Phase 2 Stormwater Permit No. SW8 050842 NOV-2018-PC-0139 Phase 3 Stormwater Permit No. SW8 070649 Failure to Respond to April 27, 2018 NOV Neighborhoods of Holly Ridge Onslow County Dear Mr. Cook This letter is to notify you that you are in continuing violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failing to provide a response to the April 27, 2018 :Notice of Violation. On June 13, 2017, staff of the Division of Energy, Mineral and Land Resources in the Wilmington Regional Office performed an inspection to determine the status of compliance with Stormwater Management Permits SW8 050213, SW8 050842 and SW8 070649, which were issued to you for the three phases within The Neighborhoods of Holly Ridge, located off NC Highway 50 southeast of Holly Ridge, Onslow County, North Carolina. The inspection reports required a response by December 20, 2017. Having received no response to the inspection reports, the Division issued a Notice of Violation on April 27, 2018, which required a response by May 28, 2018. Having received no response to the - OV, the Division is herewith notifying you of this continuing violation and of our intent to enforce. NOTED VIOLATIONS A. The following continuing violations are noted for Permit No. SW8 050213 (Phase 1), issued on March 312005: Failure to Operate and Maintain the Stormwater System. Per Schedule of Compliance Condition E.10 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at design condition: a. The four permitted bio-retention basins need to be planted and maintained with the wetland plants shown on the approved plans and specifications. b. All of the bio-retention basins must be operated such that they draw down the design storm within 5 days. Basin #4 appears to be holding water. 2. Failure to VeriA Built-Uon Area. Per Schedule of Compliance Condition II.2 of the Permit, the permittee is required to verify that no lot has exceeded the maximum BUA limit of 2800 square feet. The BUA limits were erroneously recorded as 3800 square feet per lot. The BUA limit was corrected 13 months later. The permittee has not provided the necessary information to ensure that no lots have exceeded their maximum BUA limit. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROU q14) oOPWnmam of Envi—w aw 910.796.7215 State Stormwater Management Permit No. SW8 050213 State Stormwater Management Permit No. SW8 050842 State Stormwater Management Permit No. SW8 070649 Page 2 of 3 Failure to Certify the Stormwater Svstena. Per Schedule of Compliance Condition II.9 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. The Division issued a plan revision approval letter dated May 20, 2016, which approved of the use of four inches of 457 stone laid over a geotextile fabric for the gravel boat storage area. The Division requires certification from the designer that the boat storage area has been completed in accordance with the approved plans and specs. B. The following continuing violations are noted for Permit No. SW8 050842 (Phase 2), issued on May 26, 2006: Failure to Operate and Maintain the Stormwater System. Per Schedule of Compliance Condition II.9 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency: a. The infiltration basin is holding water; b_ The side slopes of the basin were exhibiting signs of slumping; c. The piped and vegetated runoff conveyance systems need to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas and to maintain a dense vegetated cover. d. Pumps and bypasses must be maintained to design conditions. The pumps must be able to pump the design stone runoff volume from the storage pond into the infiltration area. The bypass structure must be maintained such that the volume in excess of the design storm is directed into the existing wetlands via the overflow weir, as designed. 2. Failure to Certi& the Stormwater System. Per Schedule of Compliance Condition II.8 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. C. The following continuing violations are noted for Permit No. SW8 070649 (Phase 3) issued on February 8; 2008: 1. Failure to Submit for a Permit Modification. Per Schedule of Compliance Condition 11.4 of the permit, the permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans. The layout of the streets and lots in Phase 3 Sections 7, 8, 9 and 10 has been revised without benefit of a review or approval by the Division. 2. Failure to Operate and Maintain the Stormwater stem. Per Schedule of Compliance Condition 11.9 of the Permit, the Permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency: a. The piped and vegetated runoff conveyance systems need to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas and to maintain a dense vegetated cover; b. Pumps and bypasses must be maintained to design conditions. The pumps must be able to pump the design storm runoff volume from the storage pond into the infiltration area. The bypass structure must be maintained such that the volume in excess of the design storm is directed into the existing wetlands via the overflow weir, as designed. State Stormwater :Management Permit No. SW8 050213 State Stormwater Management Permit No. SW8 050842 State Stormwater Management Permit No. SW8 070649 Page 3 of 3 Failure to Certify the Stormwater . stem. Per Schedule of Compliance Condition 11.8 of the Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the.system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. REQUIRED RESPONSE This Office requires that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violations noted in the April 27, 2018 NOV, and a time frame for completion of those actions. Your Plan of Action will be considered in the enforcement process. 2. Follow the approved operation and maintenance agreement and restore the permitted systems to design condition, including the bio-retention basins, the bypass structures, the runoff storage areas, the infiltration basins, and the operation of the pumps, for all phases. 3. Verify that the built -upon area for each lot has not exceeded the maximum allowed. 4. Certify that the as -built condition of the Boat Storage Area in Phase 1 meets the permitted condition. 5. Certify the stormwater systems for Phases 1 and 2. 6. Modify the permit and approved plans for Phase 3 to account for the street and lot layout changes. 7. Once the Phase 3 permit is modified, certify the stormwater system for Phase 3. 8. Once all the compliance issues have been addressed, submit a permit transfer application, S505.00 fee and associated documentation for each of the listed permits to initiate the transfer process. 9. Submit renewal applications per the schedule noted below: Permit Number Issue Date (I Expiration Date Renewal Due Date SW8 050213 1 March 3, 2006 ! March 3, 2019 September 3, 2018 SW8 050842 May 20, 2006 ! May 20, 2020 November 20, 2019 j ! SW8 070649 f February 8, 2008 December 31, 2021 p June 30, 2021 Thank you for your immediate attention to this matter. If the Division does not receive a "Plan of Action" to address the deficiencies noted above within the stipulated time, this Office is prepared to initiate an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Please be advised, the April 27, 2018 violations and all continuing or future violations are subject to a civil penalty assessment of up to S25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact Linda Lewis or Georgette Scott at 910-796-7215. Since ely, C X, S. Danie Smith, Interim Director Division of Energy, Mineral and Land Resources GDS/ arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD\2019 01 NOVRE 050213 cc: G:\\\Stormwater\Permits & Projects\2005\050213 HD\2019 01 NOVRE 050842 G:\\\Stormwater\Permits & Projects\2005\050213 HD\2019 01 NOVRE 050769 Luke Menius, PE, Stroud Engineering (via email: (dmenius@stroudengineer.com) Christopher K. Behm, Attorney (via email Cbehm@bcklawfirm.com) Onslow County Building Inspections Annette Lucas, PE; DEMLR (via email: Annette.lucas@ncdenr.gov) Wilmington Regional Office Stormwater File SW8 050213 / SW8 050842 / SW8 070649 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD SECTION DNA —a TIME/DATE /a(, S °, NAME iG �yt,�+nnc+ REPRESENTING 1 Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies. There is no charge for 25 or less copies. Payment may be made by check. money order, or cash at the reception desk. Copies can also be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes. etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME 2. htis t 0 I o i1 3. =jW Jh�di3 4. c)-y-c) 5. COUNTY S�2�ame of FirmBusiness Date �f Time In Time Out Please attach a business card t this form 1V -- "J-- COPIES MADE PAID IN'JOICE STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD • E � DEQ SECTION:JyL�� s REVIEW TIME /DATE: ��'�� C`32y0 NAME. 13yI�72-N EMAIL: r%i"I"2 IC�I^�S7Q rlc7f REPRESENTING: N�I9Gu i'l s Of lly/Qr G�GyQ HQA PHONE: 9 IV S ZV �' Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: a. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases lame totes etc are permitted in the file review area.. 5. .Necessary large plan copies can be scheduled with Camerc)n.Weaver@ncdenr.gov 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. Written Questions may be left with this coin r016tcd, foim and a -staff memr will bebe iia contact.with y®u IF you provide your contact infvFn i®n4here indicate. above: 6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACH= NAME COUNTY r O r 1 0s©Zl5e� !xr sod' N 2. SG� 6SDd0Z �� 1?ra1o 3. sw� 67or7441 A I Z 3 Signature and Name of Fir usiness _Date Time In Time Out COPIES MADE 1 42 PAI1� '� INVOICE 35�� o3 LF G:/ADM/Shared/File .R. eview Access Form rev 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY October 20, 2017 Scott Cook Construction Co., Managing Member Neighborhoods of Holly Ridge, LLC ATTN: Scott H. Cook, President 1105 New Pointe Boulevard, Suite 6 Leland, NC 28451 Subject: Notice of Inspection — Not Compliant Neighborhoods of Holly Ridge Phases 1, 2 and 3 State Stormwater Management Permit No. SW8 050213 (Phase 1) State Stormwater Management Permit No. SW8 050842 (Phase 2) State Stormwater Management Permit No. SW8 070649 (Phase 3) Onslow County Dear Mr. Cook: TRACY DAVIS Director Effective August 1, 2013, the State Stormwater program was 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. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On July 8, 2017, the Division received an emailed complaint from the vice-president of the Neighborhoods at Holly Ridge Homeowners Association, alleging some on -going maintenance issues with the permitted stormwater management system. On July 13, 2017, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected all three phases of the Neighborhoods of Holly Ridge, located off NC 50 near Holly Ridge in Onslow County to determine the status of compliance with the three State Stormwater Management Permits, SW8 050213, SW8 050842 and SW8 070649. DEMLR file review and site inspection revealed that all three phases of the project are not in compliance with the terms and conditions of their respective permit. Please find a copy of the completed "Compliance Inspection Report" for each phase of the subdivision, attached to this letter. A summary of the findings for each inspection are listed below by Phase. Please note that many of the deficiencies identified below are unresolved issues carried over from the October 2014 inspection reports for these projects. SW8 05.0213 Phase 1 issued March 3, 2005 (expires March 3, 2019) 1. The lots that were conveyed prior to the BUA correction from 3800 sf to 2800 sf need to be reviewed for compliance with the 2800 sf limit. There was a 13-month lapse between the time of the original incorrect recording (February 23, 2006 DB 2605 at PG 459) and the third amendment correcting the error (March 30, 2007 DB 2846 PG 295). The permittee has still not provided any verification whether the lots that were conveyed during that 13-month time frame under the incorrect BUA limit have met the correct 2800 sf BUA limit. 2. The gravel in the boat storage area was approved to be replaced with four inches of #57 stone laid over a geotextile fabric on May 20, 2016. The Division requires certification from the designer that the work has been completed in accordance with the approved plans. 3. The four permitted bio-retention basins need to be maintained to design condition. All of the basins must be planted and maintained with the wetlands plants shown on the approved plans. All of the basins must be operated and maintained to draw down within 5 days. However, the large basin #4 appears to be holding water. 4. The permit has not been transferred to the HOA. State of Non h Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Dr1w Extension I Witndngton, NC 28405 910 796 7215 State Stomiwater Permit No. SW8 050213 State Stormwater Permit No. SW8 050842 State Stormwater Permit No. SW8 070649 Page 2 of 3 SW8 050842 Phase 2 issued '-Nlay 26, 2006 (expires May 26, 2020) 1. The required Designer Certification has not been submitted. 2. The infiltration basin needs to be maintained to restore it to design condition. The basin is holding water and side slopes were sloughing into the basin. 3. The piped and vegetated runoff conveyance system needs to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas, and maintain a stable vegetated cover. The design storm must be adequately conveyed to the storage basins. 4. Pumps and bypasses must be maintained to design condition. Pumps must be operational and the bypass structures must allow excess runoff volume to bypass the system to the existing wetlands via the overflow weir in the bypass structure. 5. Please verify that any lots sold between the plat record date of October 2006 and the declaration record date of March 30, 2007, are in compliance with the 4500 sf BUA limit. 6. The permit has not been transferred to the HOA. SW8 070649 Phase 3 issued February 8, 2008 (expires December 31, 2021) 1. The required Designer Certification has not been submitted. 2. The layout of the streets and lots in Sections 7, 8, 9 and 10 has been revised without prior approval from the Division. Please submit a permit modification and revised plans to the Division reflecting these changes and verify that the BUA within each permitted drainage area has not increased beyond the current permitted maximum BUA for that drainage area. 3. The piped and vegetated runoff conveyance system needs to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas, and maintain a stable vegetated cover. The design storm must be adequately conveyed to the storage basins. 4. Pumps and bypasses must be maintained to design condition. Pumps must be operational and the bypass structures must allow excess runoff volume to bypass the system to the vegetated filters via the overflow weir in the bypass structure. 5. A permit number error has been recorded with the original declaration and has been carried through all the subsequent amendments. This recording error needs to be fixed. Please be reminded that the permit does NOT automatically transfer upon the conveyance of common area property to the HOA. It is your responsibility as the permittee of record to submit a completed and signed Permit Transfer Application Form and $505.00 fee for each requested transfer, to the Division of Energy, Mineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. This form is available on our website at: littps:Hd.eq.nc.goN,/about/di.visions/energy-mineral-land- resources/energy-mineral-land-rules/stormwa.ter-program/post-construction. a. An ownership change including the sale or conveyance of the permitted project area in whole or in part. This does not include the conveyance of subdivided residential lots to individuals which are made subject to a recorded declaration of covenants and restrictions which contain the statements required by the stormwater permit; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; c. Foreclosure proceedings; d. Bankruptcy; e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall wind up, which may include continuing the business of the LLC for a period of time. The person charged with winding up the LLC shall collect the LLC's assets [which include the stormwater management permit], and distribute the assets as provided in NCGS 57D-6-08(2). Please be advised that until you submit the required Permit Transfer Application Form to the Division and receive approval from the Division to transfer the permit, you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the limitation of built -upon area on each lot and the operation and maintenance of the permitted stormwater system. Slate of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington, NC 28405 910 7967215 State Stormwater Permit No. SW8 050213 State Stormwater Permit No. SW8 050842 State Stormwater Permit No. SW8 070649 Page 3 of 3 Failure to provide the requested information, or to respond to this letter with a plan of action, including a reasonable timeline to resolve the identified deficiencies, by December 20, 2017, are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DE.MLR staff will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)- 796-7215 or via email at linda.lewisoa ncdenr. ov. Sincerely, Linda Lewis, E.I. Environmental Engineer III Eric: Compliance Inspection Report for each Phase GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD \2017 10 CEI_deficient 050213 G:\\\Stormwater\Permits & Projects\2005\050842 HD \2017 10 CEI deficient 050842 G:\\\Stormwater\Permits & Projects\2007\070649 HD \2017 10 CEI_deficient 070649 cc: Kyle Priestly, Managing Agent, Neighborhoods at Holly Ridge HOA (Priestly Management Co. 1213 Culbreth Drive, Wilmington NC 28405) Kelly Collins, Vice-president Neighborhoods at Holly Ridge HOA (via email: kellypodlisnyPgmail.com) Harrison B. Freedland, Craig & Fox PLLC, Attorney for Neighborhoods at Holly Ridge HOA (701 Market Street Wilmington NC 28401) Luke Menius, P.E., Stroud Engineering Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File SW8 050213 WiRO Stormwater Permit File SW8 050842 WiRO Stormwater Permit File SW8 070649 State of North Carolina I En ironmrntal Quality i Energy. Mineral and Land Resources Wihningt n Regional Office 1 127 CardE=] Drier Extension I Wilmington, NC 28405 940 7%7215 Compliance Inspection Report Permit: SW8050842 Effective:05/26/06 Project: The Neighborhoods of Holly Ridge Phase II Owner: Neighborhoods of Holly Ridge LLC County: Onslow Region: Wilmington Expiration: 05/26/20 Adress: NC Hwy 50 City/State/Zip: Holly Ridge NC 28445 Contact Person: Scott Cook Title: Phone: 910-343-9203 Directions to Project: From NC 501 US17 intersection; East on NC 50 towards Surf City site is on right. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (County Line Branch) (03-06-24 ) ( SA;HQW) 2 - (County Line Branch) (03-06-24 ) ( SA;HQW) 3 - (County Line Branch) (03-06-24 ) ( SA;HQW) 4 - (County Line Branch) (03-06-24 ) ( SA;HQW) On -Site Representative(s): Related Permits: SW8070649 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holly Ridge Phase 3 SW8050213 Neighborhoods of Holly Ridge LLC - Neighborhoods of Holly Ridge Inspection Date: 07/13/2017 Entry Time: 09:30AM Exit Time: 10:40AM Primary Inspector: Alida R Lewis Phone: 910-796-7215 Secondary Inspector(s): Holley A Snider Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: 0 State Stormwater (See attachment summary) Inspection Type: Compliance Evaluation page: 1 Permit: WclNB050E42 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 07/13/2017 Inspection Type Compliance Evaluation Reason for Visit: Complaint Inspection Summary: The Division received an emailed complaint from the HOA regarding this phase of the Neighborhoods of Holly Ridge on July 8, 2017. The permitted system is a series of pipes and swales that collect runoff and direct it into one of three storage basins. Excess runoff is bypassed around the storage basins into the existing wetlands. The stored design storm runoff from all 3 storage basins is then pumped to a single infiltration basin for treatment. Many of the same deficiencies that were documented in the December 15, 2014 inspection were observed during the July 13, 2017 inspection, which include the following: 1. The required Designer Certification for the permitted pumped infitration system has not been submitted. 2. The accumulated sediment in the infiltration basin needs to be removed and/or the basin needs to be restored to design condition. Two days prior to the inspection, the site had received about an inch of rain, however there was still a lot of standing water in the infiltration basin. Any side slopes that are sloughing into the basin, or which are in need of additional vegetation to cover bare spots, must be repaired and revegetated. 3. The piped and vegetated runoff conveyances need to be maintained regularly to remove accumulated sediment and trash, to repair eroded areas and to stabilize the system with vegetation. Excess vegetation or sediment that blocks pipes or swales must be removed to ensure that the design storm runoff is adequately conveyed to the permitted storage areas. 4. Pumps and bypasses must be maintained and operated as permitted. Repairs must be made to any non-functioning pumps, and to any broken or blocked piping or bypass weirs. 5. The plats for this phase were recorded in October 2006, but the deed restrictions limiting the BUA to 4500 sf were not recorded until March 3, 2007, nearly 5 months later. If any lots in Phase 2 were conveyed prior to March 302007, please demonstrate that those lots were eventually made subject to the March 302007 declaration and that none of the lots has exceeded the 4500 sf BUA limit. 6. The permit has not been transferred to the HOA. Upon a determination of compliance by the Division, and if allowed by the applicable transfer law, please submit a completed permit transfer form to the Division to initiate the transfer of the permit. page: 2 Permit: SW8050842 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 07/13/2017 Inspection Type Compliance Evaluation Reason for Visit: Complaint File Review Yes No NA NE Is the permit active? URI ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? ❑■❑❑ Comment: 1. The required designer's certification for the permitted infiltration system including the infiltration basin, the storage basins, the piped and vegetated runoff collection system, the pumps and the bypass structures has not been submitted. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Yes No NA NE n ❑❑❑ III ❑ ❑ ❑ Is the BUA (as permitted) graded such that the runoff drains to the system? 12 ❑ ❑ ❑ Comment: 2. Prior to transfer of the permit to the HOA, the permittee must provide proof that no lot has exceeded its 4500 sf maximum BUA limit. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ upon request? Comment: 3. The pumps and bypasses need to be maintained such that they operate as permitted. Yes No NA NE M ❑ ❑ ❑ E ❑ ❑ ❑ Yes No NA NE ❑ N ❑ ❑ ❑ ❑ ❑ W 4. The pipes and vegetated swales that carry runoff to the storage areas need to be maintained regularly. Sediment and trash must be removed, slopes must be repaired and stabilized with vegetation. 5. The infiltration basin had standing water 2 days after a 1" rain, indicating that the bottom of the basin may be blinded off. Accumulated sediment needs to be removed and slopes need to be repaired and vegetated. Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑ P12 ❑ ❑ Comment: 6. The permit has not been transferred to the Association. Upon a determination of compliance by the Division, and if the requirements of the applicable transfer law have been met, please submit a signed Permit Transfer Application to initiate the transfer of the permit to the HOA. page: 3 Permit: SW8050b42 Owner - Project: Neighborhoods of Holly Ridge L LC Inspection Date: 07/13/2017 Inspection Type Compliance FValuation Reason for Visit: Complaint page: 4 5"1 ATR ELFNORI`H CARO.LVA A�ariaae�' af�ty� aadl�a�rat R� 127 �siw. Wftbgpoo, Now Coco&&2W 5 s (9�0}?95 7215 . Ce f�Access: `lam sof�Ra� a:�tee �s �d� �F�?licrec� fir. oar evi*024vaeblot f" Vi w ui oaf so i e es i j'10'l ` ��i sa�egti�rd � � �.d �a c; � our da��o-ram �og�m• ors �'la:re� 0.a,a ' cootmoo L�kvFTh Aaax-lao•� t .,�ti ft o- :' To oe,. of d Qy� in Co a tes 38 .. spa - v��s.��ratsre� . ��ecfed,.�•u�c�sscznw�cb��s. 1. 3. 4 io M l�'m ofF�r.%Dad I Jn 0 d Ptarxsg a Er r ard to dw1wm 44 Lewis,Linda From: Lewis,Linda Sent: Thursday, March 10, 2016 4:26 PM To: Luke Menius Subject: RE: Neighborhoods of Holly Ridge Yeah, too late. I've already done a review. If you had caught me before I reviewed the application, yes, we could have simply "withdrawn" the application and tried to refund the fee (not easy to do). In theory, this application should have been returned on November 30, 2015, so the fee would have been forfeited anyway. Sorry. Linda From: Luke Menius [mailto:lmenius@stroudengineer.com] Sent: Thursday, March 10, 2016 4:12 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: Neighborhoods of Holly Ridge Understood. It is the $505 check I'm most interested in. Too late? David L. Menius, P.E. Stroud Engineering, P.A. 102-D Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imeni us@stroudengineer.cotn From: Lewis,Linda fmailto:linda.lewis@ncdenr.govl Sent: Thursday, March 10, 2016 4:11 PM To: Luke Menius Subject: RE: Neighborhoods of Holly Ridge That information will stay in the file as part of the project's history. Linda From: Luke Menius [mailto:lmenius@stroudeneineer.com] Sent: Thursday, March 10, 2016 3:36 PM To: Lewis,Linda <linda.lewis@ncdenr.eov> Cc:'Scott Cook' <scott.cook@thecottaeesnc.com> Subject: RE: Neighborhoods of Holly Ridge The intent is to retrofit the boat parking area and drive isle to meet the criteria of SL-2015-149 and the attached guidance document. Since the provision of a #57 stone/fabric parking area does not constitute a BMP, the permit modification application submitted in September 2015 is not applicable and the change should instead be considered as a plan modification. I will update the drawing to reflect the correct stone section, remove the underdrain system, and clearly annotate the requirement that the subgrade shall not be mechanically compacted. I've copied the permittee and would ask that he print and sign the attached application and return to my attention. It is my understanding that there is no fee associated with a plan modification. Please let me know if this is not the case or if you have any other concerns with the plan of action I've described here. If possible, I'd like to retrieve the September 2015 permit modification submittal when I drop off the plan modification submittal. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudengineer.com From: Lewis,Linda [mailto:linda.lewisCabncdenrgov] - Sent: Monday, November 30, 2015 8:42 AM To: Luke Menius Subject: RE: Neighborhoods of Holly Ridge Thanks Luke. Linda From: Luke Menius [mailto:Imenius@stroudengineer.coml Sent: Wednesday, November 25, 201512:32 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: Neighborhoods of Holly Ridge Linda, In response to your October 3011' letter, I think the most prudent course of action is to pursue the option of replacing the existing stone surface with a #57 stone surface meeting the criteria set forth in SL-2015-149. Your letter implies that the drive isle would be considered impervious despite there being no such stipulation in the session law. I presume your reasoning for considering the drive isle to be impervious in spite of the session law is the belief that vehicular traffic would break down the stone and/or compact the underlying soil. While this line of thought might hold true at a higher volume parking facility, the boat storage facility may see 5 vehicle trips per day during summer weekends and perhaps 5 trips on the other days of the week combined. This time of year, I doubt the access road sees 5 trips in a month. I am meeting with the permittee next Monday to discuss this matter and will confirm that this is the preferred strategy. If you have any further insight into your interpretation of SL-2015-149 that you could relay to me, it would be most helpful as I revise the plans. Some of the comments specifically pertaining to the permeable pavement used for infiltration/detention BMP may be rendered NA. I will address these as appropriate pending your response. Regarding comment 3.b, it is my intent to add the 2005 supplement package to the current modification. Thank you and enjoy your holiday week/weekend. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imeni.us@stroudengineer.com From: Lewis,Linda fmailto:linda.lewis(aancdenr.gov] Sent: Tuesday, July 07, 2015 5:49 PM To: Luke Menius Subject: RE: Neighborhoods of Holly Ridge Luke: Please read Chapter 18 of the BMP Manual in its entirety for information on the soils information and the design requirements for permeable pavement. The testing you specify to obtain the soils information you need to demonstrate that the existing gravel meets the permeable pavement design requirements is for you to decide. If you don't need to claim a BUA credit, then you should design the pavement for Detention using a 1.5" storm with a bypass designed to convey the 10 year 24 hour storm. If you need to claim BUA credit, then you must design the pavement for Infiltration. Linda From: Luke Menius fmailto:lmenius(&stroudengineer.com] _ m Sent: Tuesday, July 07, 2015 4:47 PM To: Lewis,Linda Subject: RE: Neighborhoods of Holly Ridge I've discussed your 6/17 letter (attached) with the permittee and would like to proceed with testing necessary to substantiate the use of the aggregate boat parking area as a permeable pavement used for infiltration. The test data that I would require is 1) typical depth, gradation and void ratio of insitu aggregate; 2) infiltration rates of the aggregate and subgrade; and 3) SHWT determination. Please let me know if you have any specific concerns that I need to evaluate at this point as I am trying to develop a request for proposals to get this testing done. Also, I would ask that you please confirm the appropriate design depth for this modification. We used 1.5" for the other infiltration devices within the project. David L. Menius, P.E. Stroud Engineering, P.A. 102-1) Cinema Drive Wilmington, NC 28403 (910) 815-0775 ext 225 Imenius@stroudenAineer.com From: Lewis,Linda fmailto:linda.lewis(a)ncdenr.govl Sent: Thursday, May 28, 2015 5:35 PM To: Luke Menius Cc: Scott, Georgette Subject: Neighborhoods of Holly Ridge Hey Luke- just wanted to bring your attention to a few concerns that I saw with the documents you submitted on April 1, 2015 regarding the issues at the 3 projects for the Neighborhoods at Holly Ridge under SW8 050213, SW8 050842 and SW8 070649. Before we will transfer the permit to the HOA, these issues will need to be resolved: Comments regarding Phase I under SW8 050213: 1. 1 noticed that there is a lapse of over 13 months (Feb. 23, 2006 through March 30, 2007) between the originally recorded deed restrictions which assigned 3800 sf to each Phase I lot and the amendment which restored the BUA limit for the Phase I lots to the permitted 2800 sf. My concern is how many lots in Phase I were sold under the 3800 restriction, and did those lot owners consent to having their BUA limit reduced? 2. Did the developer make sure that any of those lots described above which were sold under the 3800 sf limit, were actually in compliance with the 2800 sf limit at the time the amendment was filed? 3. Per Google Earth, the gravel in the boat storage area was already in place as of October 2008. At that time, gravel was considered a built -upon area. As such, you will. need to modify the permit to account for that additional BUA and propose a suitable high density BMP that will treat the runoff, or modify the permitted BMP to accept that additional drainage. 4. The plans provided for the boat storage area need to be more detailed to include dimensions, grading, gravel pavement section details (including stone depth, geomembrane liner, type of stone used) and the BMP details. Comments regarding Phase II under SW8 050842: 1. The Amenity Area site plan needs to show the proposed (now existing) grading and drainage to verify that the runoff is draining into the appropriate permitted BMP. Comments regarding SW8 070649: The recorded deed restrictions consistently refer to an erroneous permit number of SW8 07064." The correct permit number is SW8 070649. Somehow, beginning with the Seventh Amendment which annexed Phase III and continuing with each subsequent amendment pulling in the various Sections within Phase III, the "9" has been consistently omitted from the end of the permit number. It is imperative that the correct permit number be referenced in these documents. The developer will need to record an amendment to correct this error. Is everything on track with the construction and remediation work that needs to be done? It's supposed to be starting soon, now that weather is warmer, right? Please let me know when the remediation work will begin. I've got other inspections in Onslow County, and can include NHR in my tour. If you will kindly forward this email to Mr. Cook- his mailing address has apparently changed and mail sent to 106A Cinema Drive in Wilmington, is being returned as undeliverable. Please verify if we can send mail to Mr. Cook at 1105 New Pointe Blvd. Suite 6, Leland, NC 28451. If that is his new mailing address, we would appreciate confirmation via completion and submission of the attached permit update form. Please respond to these comments by June 28, 2015. Thank you. Linda Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office — 910-796-7215 Direct Line — 910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 4 tewis;Linda. From: Lewis,Linda Sent: Thursday, March 10, 201611:21 AM To: Len Kuhn Cc: Luke Menius Subject: RE: Neighborhoods of Holly Ridge Attachments: 2015 10 addinfo 050213.docx; 2014 12 letter recvd 050213.pdf Mr. Kuhn: Additional information was requested on October 30, 2015 (attached) for SW8 050213 but has not been addressed yet. We were unable to approve the applicants September 24, 2015 request to use permeable pavement. In July 2015, a new law was passed which excludes #57 stone laid at least 4" thick over a geotextile fabric from the definition of a built -upon surface. I gave the developer the option of redesigning the boat storage area using #57 stone. I will contact the consultant, David Luke Menius, P.E. with Stroud Engineering in Wilmington to get an update on when we can expect a reply. For the other two permits, SW8 050842 and SW8 070649, we are awaiting Mr. Cook's call that the remedial actions are ready to be inspected, but have not yet received that call from either Mr. Cook or from his consultant. Linda From: Len Kuhn [mailto:Len.Kuhn@wellsgroup.us] Sent: Thursday, March 10, 201610:55 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: FW: Neighborhoods of Holly Ridge May we please get a reply to this request, meeting is tonight and we have some very upset people wondering why we cannot get answers from NCDENR Len Kuhn CONTRACT OFFICER len. kuhn 0wellssrou p. us E W WELLS GROUP LLC A Native American Indian Government Contractor 2072 Hwy 210 Suite B Sneads Ferry, NC 28460 Office: 910.333.7283 Cell: 920.333.7193 SBA Certified f8a) Small Business http://welisgroup.us From: Len Kuhn Sent: Tuesday, March 8, 2016 11:01 AM To: 'Lewis, Linda' Subject: Neighborhoods of Holly Ridge Ms. Lewis; As a board member of the HOA I have to give a report on the status of the Storm Water and correction to the ponds as directed to the developer Cardinal Builders; Scott Cook, could you please give me a status that I can report back with, this is an open meeting and it will be the number one question. Thank you very much Len Kuhn CONTRACT OFFICER len. kuhn @wellssroup.us E W YELLS GROUP LLC A Native American Indian Government Contracto, 1072 Hwy 210 Suite B Sneads Ferry, NC 28460 Office: 910.333.7183 Cell: 910.333.7183 SEA Certified (8a) Smali Bus;ness http://welisitroup.us STATIg OF NORTH[ CAROLINA Department ofEaAron nMW andNatural Resources 127 Cardinal Drive Rl tension Murton, North Carolina 28405 (910) 7964215 FILE ACCESS RECORID SECTION TEYWATE NAME REPRESENTING � � � • Office is dedicated to znal Public records an G�xidelines for Access: The staff of Win We also have the respansie�Y to the our custody readUy avaa'lable to the public for review today program obligations. Please read public to safeguard these records and to carry out our day- . carefully tb.e following guidelines signing the form: public demand for file, access, request that you call at least a day h. 1. Due to the large p advance to schaUe, an. appointment to review the files. A ° � ri vane �g wiAha� an between 9at 4,45pm =00am and:OOuna. Yze time fiendsex^visian is available. files you want to review h� faeilii v name. no number of flies that pYon 2. You must specify be limited to five. may review at one tame will 3. You may make copies of a fd a when the copier is not an use by Elie staff and if time permits. Money Order or cah at Cost per copy is $.05 cents. Pa 5.(DO or more dcan be i vaic d far our conv� Vie, he angn �OS�L. CO ,:g to 4_ Fri S 1�iCTS`� BL T T IN ORIDER YOU � OUI� in �Rase'tiy lot be, les aa, to affioe. To remove, alter, defaces Inuffiate, or destroytDtU �eauor for which you can be fined up to $500,00, an l ea ��'e do. are in the file review area 5. in accordance with. Cywaal Sww 25-3-512, a $25.00 processing fee w I be cbargad and collscted•DDr checks on which payment leas been refused C T]NT gACILI I`Y NAMIE. . 1. 5 0943 2. � '1. 1. 3. 4. Iv�---- Signature and Name ofFirin/Susineas Dale Time In Trine Out Please attach a business card to s PAD 1, NVOICE O COPIES MADE , 3L� `�1 p;cCeS$ Lewis,Linda From: D H <anyidiotcanplan@gmail.com> Sent: Friday, June 05, 2015 4:43 PM To: Lewis,Linda Subject: Re: 214 Red Carnation Dr - Neighborhoods of Holly Ridge Thank you for your prompt response. Deb Hill On Fri, Jun 5, 2015 at 4:40 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Ms. Hill: After conducting my research, here is what I find: 1. There is no recorded drainage easement on your northwest property line. 2. The installation of drainage improvements to eliminate standing water in this area will not require a state stormwater permit or a modification to the existing stormwater permit SW8 050842. The permit is high density, so all means of transporting runoff into the permitted collection system are available, including the French drain you mentioned. 3. Please check with the local government and the HOA before starting any drainage improvement work as there may be local ordinances and/or a restrictive covenant that might need to be complied with. 4. Drainage (or lack thereof) is a civil matter between the folks who are affected by it. You and your neighbor should work together to resolve that issue to your mutual benefit. Trying to keep your neighbor's drainage off of your property by building up your side may result in damage to your neighbor's property. 5. The north side of the house is usually the place where mold grows because sunlight doesn't reach that side. This effect is exacerbated where homes are built so close to each other that the shadow of one continually falls on the other. At my own home for example, the north side is always covered in a green mold, that grows back within a few weeks of power -washing and I do not have any standing water issues. Mold is an unfortunate fact of life in our low-lying coastal areas. I wish you a wonderful weekend and the best of luck in resolving your situation. Linda From: D J Hill AICP CFM CZO [mailto:dhill@north-topsail-beach.orrc ] On Behalf Of anyidiotcanplan(@omail.com Sent: Thursday, June 04, 2015 3:31 PM To: Lewis,Linda Subject: RE: 214 Red Carnation Dr - Neighborhoods of Holly Ridge Shoot, please forgive me. Meant to change email to personal one at anyidiotcanplan@gtnail.com From: D J Hill AICP CFM CZO [mailto:dhill@north-topsail-beach.org] Sent: Thursday, June 04, 2015 3:30 PM To: 'linda.lewis@ncderingov' Subject: 214 Red Carnation Dr - Neighborhoods of Holly Ridge The 20 ft Neighborhoods of Holly Ridge public drainage easement is actually on the other side of my house. Do I need a permit to dig, fill the "ditch" with a French drain and/or gravel and build up my side without the easement (please see photo) so that my neighbors do not drain on me? Thanks, Deb Hill Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. n e in 8< s mob a _= a ## e mail" jig \ Ho 1 N Mgt Ta so"C 41 .�p 31dA. ,t t�9 r \ �I ♦ Y \ 15 HIM !H cli LO yry / '� N A ji Y {1 I I Ilk Cox �Mpg Y /� lilt o�r Ntz y ���/ 55Ti�8•� Y \ ' �5E�3SN � STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA428403 (910) 815-0775 April 1, 2015 NCDENR 127 Cardinal Drive Wilmington, North Carolina 28405 Attn: Linda Lewis Re: The Neighborhoods of Holly Ridge, Phase 2 SW8 050842 Dear Linda, I am writing on behalf of the permittee, Neighborhoods of Holly Ridge, LLC, to address concerns raised in your letter dated 10/16/2014 regarding the amenity area and access to the infiltration basin. I have attached an 11" x 17" site plan for the amenity area. It is my understanding that no permit modification is necessary and that no fee or application is necessary to process this plan revision. The infiltration basin is accessible via the easement that is located at the end of the Tree Court cul de sac. The permittee has notified the owner of the fence that it may be necessary to remove said fence at the owner's expense in the event that maintenance work must be done on the underlying stormwater pipe. For routine inspection and maintenance activities, however, Tree Court is the preferred access route. Thank you for your patience as we work towards bringing this site into compliance. Please let me know if you have any further questions or concerns. Respectfully, David L. Menus, P.E. Stroud Engineering, PA cc: Scott Cook, Manager, Neighborhoods of Holly Ridge, LLC ECEI R, APR 0 12015 H : 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA28403 (910)815-0775 December 17, 2014 NCDENR 127 Cardinal Drive Wilmington, North Carolina 28405 Attn: Linda Lewis Re: The Neighborhoods of Holly Ridge, Phase 2 SW8 050842 Dear Linda, I am writing on behalf of the permittee, Neighborhoods of Holly Ridge, LLC, to propose a plan of action to address concerns raised in your letter dated 10/16/2014. 1 have reviewed your field report and met with the permittee to further discuss the situation. Based on your report and discussions with the permittee, the plan of action for each noted deficiency is as follows: 1. Submit a site plan for the amenity area. We will survey the existing amenity area and incorporate it into the phase 2 site plan. A BUA allocation was provided for this area that should be sufficient to enable this amenity area without any modification of existing BMPs. This survey work and plan revision will be coordinated with efforts to resolve permit deficiencies in adjoining phases. I will make every effort to submit the revised plans by April 1 2015, 2. Submit a designer's certification. We will survey the existing system and conduct a field inspection to verify the project was built in accordance with the approved plans. Again, this survey work will be coordinated with efforts to resolve permit deficiencies in adjoining phases and I will make every effort to submit the certification by April I5f, 2015. 3. Resolve access to the infiltration basin adjacent to the transmission lines. It appears that the adjacent lot owners have installed a fence across the access easement. The permittee retains rights to access the basin via the transmission lines. I will include a new easement on the revised plans that affords public access. I think it is prudent to leave the obstructed easement for future use, I have suggested that the permittee send a letter to the affected lot owner and notify theirs that their fences constitute an encroachment and are subject to removal should the need arise. Per item 41, I will make every effort to submit the revised plans by April 1", 2015. Please note that the project is substantially complete and all parties are motivated to see the permit conveyed to the HOA once the noted deficiencies are resolved. Therefore, it is our intention to see this plan of action through to completion without undue delay. Your assistance in resolving this matter is greatly appreciated. Please feel flee to contact me with any questions or concerns. Respectfully, David L. Menus, P.E. Stroud Engineering, PA cc: Scott Cook, Manager, Neighborhoods of Holly Ridge, LLC 107 COMMERCE ST. HESTRON PLAZA TWO SUITE B 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 Compliance Inspection Report Permit: SW8050842 Effective:05/26/06 Expiration: 05/26/20 Project: The Neighborhoods of Holly Ridge Phase II Owner: Neighborhoods of Holly Ridge LLC County: Onslow Adress: NC Hwy 50 Region: Wilmington City/State/Zip: Holly Ridge NC 28445 Contact Person: Scott Cook Title: Phone: 910-343-9203 Directions to Project: From NC 501 US17 intersection, East on NC 50 towards Surf City site is on right. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (County Line Branch) (03-06-24 ) ( SA;HQW) 2 - (County Line Branch) (03-06-24) (SA;HQW) 3 - (County Line Branch) (03-06-24) (SA;HQW) 4 - (County Line Branch) (03-06-24) (SA;HQW) On -Site Representative(s): Related Permits: SW8070649 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holly Ridge Phase 3 SIN8050213 Neighborhoods of Holly Ridge LLC Neighborhoods of Holly Ridge Inspection Date: 12/15/2014 Entry Time: 11:30AM Exit Time: 01:18PM Primary Inspector: Karl J Hammers Secondary Inspector(s): Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) page: 1 Permit: SW8050842 Owner- Project: Neighborhoods of Holly Ridge LLC Inspection Date: 12/1512014 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: 1. Remove the sediment from the Stormwater Pump Basins and restore them to their original design capacity. 2. Remove any sediment accumulated ulated in the pipes. 3. Provide adequate vegetation on the side slopes of the Stormwater Pump Basins and the infiltration basin. 4. Remove the rip rap downstream of Stormwater Pump Basin1-A and replace it with vegetation. 5. Verify that the pumps are operating properly and conduct any repairs needed so that the pumps operate as designed. 6. Install the required vent on the pumps as shown on details on sheet 14. 7. Vegetate the swale downstream of Pump Basin 2. 8. There is no approved site plan in the file for the amenity area off West Azalea Drive at Daisy Court. Per Schedule Condition 11.1, the permittee is required to submit revised plans and receive approval for any revisions to the approved plans. Although an allocation of 50,000 sq. ft of built upon area was made in the permit for the amenity area, a site plan for the amenity area should have been submitted to the Division for approval prior to it's construction. 9. Mow the ditch by the amenity area, repair erosion near the ditch and remove any sediment that has accumulated in the ditch by the amenity area. 10.Repair the infiltration basin so that it dewaters in the amount of time required in the maintenance agreement. If the system can not be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H.1000 must be designed, approved and constructed. 11. Provide the required designer's certification. 12. Provide access to the infiltration basin. page: 2 Permit: SW8050842 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 12/1512014 Inspection Type Compliance Evaluation Reason for Visit: Routine File Review Yes No NA NE Is the permit active? 0 ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ E ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? 0 ❑ ❑ ❑ Comment: The required designer's certification has not been provided. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? E ❑ ❑ ❑ 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? ❑ ❑ ❑ Comment: SW Measures Yes No NA NE Are the SW measures constructed as per the approved plans? ❑ 0 ❑ ❑ Are the inlets located per the approved plans? E ❑ ❑ ❑ Are the outlet structures located per the approved plans? ■ ❑ ❑ ❑ Comment: Access to the infiltration basin was not readily avialable. There is no spece between lots 105&106 and/or the adiacent lot owners have fenced accross the easement. Adequate access is needed to the basin. Rip rap was observed in the swale discharging from Stormwater Pump Basin1-A. The vent required on the pumps on the details on sheet 14 have not been installed. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? ❑ E ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ 0 ❑ ❑ DWQ upon request? Comment: The basins appear to have sediment in them. The pipes appear to have excessive sediment. The side slopes of the ponds and infiltration basin are not all adequately vegetated. The swale downstream of Pump Basin 2 is not vegetated. The ditch by the amenity area needs to have vegetation mowed, erosion repaired and sediment removed. The infiltration basin does not appear to be dewatering in the required amount of time. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? 0 ❑ ❑ ❑ Comment: Other WQ Issues Yes No NA NE page: 3 Permit: SW8050842 Owner - Project: Inspection Date: 12/15/2014 Inspection Type Neighborhoods of Holly Ridge LLC Compliance Evaluation Is the site compliant with other water quality issues as noted during the inspection? Comment: Reason for Visit: Routine ■ ❑❑❑ page: 4 I i F8 Ut rn NBC! C n I I "'I /lllilll - I ! I , ! ! D N cn mCT) mmZE Z 14 rZ D� --I G)(n(N-0 X r- m o :;U S � n -ice ��� D r- m;;" C mDz C 00 -T;l z r- c- D = av D m In cD no cn 7z , Z m z m (A m rn m o� D Ito p 00 r ao N N - - i .. 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J ^ram z r r cn m o aLA c) o m cr ? m x o c) m OE w z I n0 CD W :0 x v rZ rn r N l am O r o x 0�-- o N r -t r o : m I m o CD ^ M , m m z -: m 70 r r o D� 0 m m m a N _ o m z 0 m rnrn f'f Vi v .. v .. o r o L m lJ � ro � z D �� -3 Ln I � C I I I I ry --I c-) cn cn m o X=�D a r -d zE maz C 00 -0XF-c-) D c Dcn7, 1 a 011 1 N I D -�cr-4 zm NN Ol m cD .A cn W Ln W OO-ALD w VI V1(n (n m mmmm PWA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Pat McCrory, Governor John E. Skvarla, III, Secretary December 16, 2014 Mr. Scott Cook, President/Manager Neighborhoods of Holly Ridge, LLC 106-A Cinema Drive Wilmington, NC 28403 Subject: Notice of Inspection — Non Compliant The Neighborhoods of Holly Ridge -Phase 11 Permit No. SW8 050842 Onslow County Dear Mr. Cook: On December 15, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected The Neighborhoods of Holly Ridge Phase II in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 050842 Modified on May 26, 2006. DEMLR file review and site inspection revealed that the site is not compliant 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. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Remove the sediment from the Stormwater Pump Basins and restore them to their original design capacity. 2. Remove any sediment accumulated in the pipes. 3. Provide adequate vegetation on the side slopes of the Stormwater Pump Basins and the infiltration basin. 4. Remove the rip rap downstream of Stormwater Pump Basin A and replace it with vegetation. 5. Verify that the pumps are operating properly and conduct any repairs needed so that the pumps operate as designed. 6. Install the required vent on the pumps as shown on details on sheet 14. 7. Vegetate the swale downstream of Pump Basin 2. 8. There is no approved site plan in the file for the amenity area off West Azalea Drive at Daisy Court. Per Schedule Condition 11.1, the permittee is required to submit revised plans and receive approval for any revisions to the approved plans. Although an allocation of 50,000 sq. ft of built upon area was made in the permit for the amenity area, a site plan for the amenity area should have been submitted to the Division for approval prior to it's construction. 9. Mow the ditch by the amenity area, repair erosion near the ditch and remove any sediment that has accumulated in the ditch by the amenity area. 10. Repair the infiltration basin so that it dewaters in the amount of time required in the maintenance agreement. If the system can not be repaired to perform its design 127 Cardinal Dr. Ext. Wilmington, NC 28405 • Telephone 910-796-7215 / FAX 910-350-2004 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: hlpl/portal.ncdenr.o[gtweb/frAand:quality An Equal Opportunity l Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper function, other stormwater control devices as allowed by NCAC 2H.1000 must be designed, approved and constructed. 11. Provide the required designer's certification. 12. Provide access to the infiltration basin. Please inform this Office in writing before January 16, 2015, 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 January 16, 2015 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the project has changed its name, ownership, or mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making the changes. Please include the name, mailing address and phone number of the person or entity that is now responsible for this permit on the Name/Ownership Change form. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7373 or via email karl.hammers@ncdenr.gov. Sincer , Karl Hammers Environmental Speciaiist Enc: Compliance Inspection Report r GDS\initials: G:\WQ\Shared\Stormwater\Permits & Projects\2005\050842 HD\201412 CEI_deficient 050842 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Compliance Inspection Report Permit SW8050842 Effective:05/26/06 Project: The Neighborhoods of Holly Ridge Phase II Owner. Neighborhoods of Holly Ridge LLC County: Onslow Region: Wilmington Contact Person: Scott Cook Expiration: 05/26/20 Title: Adress: NC Hwy 50 City/State/Zip: Holly Ridge NC 28445 Directions to Project: From NC 50/ U817 intersection, East on NC 50 towards Surf City site is on right. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 - (County Line Branch) (03-06-24 ) ( SA;HQW) 2 - (County Line Branch) (03-06-24 ) ( SA;HQW) 3 - (County Line Branch) (03-06-24 ) ( SA;HQW) 4 - (County Line Branch) (03-06-24 ) ( SA;HQW) On -Site Representative(s): Related Permits: Phone: 910-343-9202 SW8070649 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holy Ridge Phase 3 SW8050213 Neighborhoods of Holly Ridge LLC - Neighborhoods of Holy Ridge Inspection Date: 12/15/2014 Entry Time: 11:30AM Exlt Time: 01:18PM Primary Inspector: Karl J Hammers Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Phone: Inspection Type: Compliance Evaluation page: 1 Permit: SW8050842 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 12/15/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: 1. Remove the sediment from the Stormwater Pump Basins and restore them to their original design capacity. 2. Remove any sediment accumulated in the pipes. 3. Provide adequate vegetation on the side slopes of the Stormwater Pump Basins and the infiltration basin. 4. Remove the rip rap downstream of Stormwater Pump Basin1-A and replace it with vegetation. 5. Veriy that the pumps are operating properly and conduct any repairs needed so that the pumps operate as designed. 6. Install the required vent on the pumps as shown .on details on sheet 14. 7. Vegetate the swale downstream of Pump Basin 2. 8. There is no approved site plan in the file for the amenity area off West Azalea Drive at Daisy Court. Per Schedule Condition 11.1, the permittee is required to submit revised plans and receive approval for any revisions to the approved plans. Although an allocation of 50,000 sq. ft of built upon area was made in the permit for the amenity area, a site plan for the amenity area should have been submitted to the Division for approval prior to it's construction. 9. Mow the ditch by the amenity area, repair erosion near the ditch and remove any sediment that has accumulated in the ditch by the amenity area. 10.Repair the infiltration basin so that it dewaters in the amount of time required in the maintenance agreement. If the system can not be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H.1000 must be designed, approved and constructed. 11. Provide the required designer's certification. 12. Provide access to the infiltration basin. page: 2 peffnK: SW8050342 Owner - Project Neighborhoods of Holly Ridge LLC Inspection Date: 12115/2014 Inspection Type Compliance Evaluation File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signod copy of the Operation « Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: The required desicaner's certification has not been provided Built Upon Area 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? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Reason for Visit: Routine Yes No NA NE M ❑ ❑ ❑ ❑ ■❑❑ :i ❑ ❑ ❑ ■ ❑❑❑ Yes No NA NE ■ ❑❑❑ Yes No NA NE ❑ ME] ❑ ■ ❑❑❑ M ❑ ❑ ❑ Comment: Access to the infiltration basin was not readily avialable. There is no spece between lots 105&106 and/or the adjacent lot owners have fenced accross the easement. Adeauate access is needed to the basin. Rig) rap was observed in the swale discharaina from Stormwater Pump Basin A The vent reauired on the pumps on the details on sheet 14 have not been installed Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ upon request? Comment: The basins appear to have sediment in them. The pipes appear to have excessiVe sediment. The side slopes of the ponds and infiltration basin are not all adequately vegetated The swale downstream of Pump Basin 2 is not vegetated. The ditch by the amenity area needs to have vegetation mowed erosion repaired and sediment removed. The infiltration basin does not aDDear to be dewatering in the required amount of time Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: Other WO Issues Yes No NA NE ❑ ■❑❑ Yes No NA NE ■❑❑❑ Yes No NA NE page: 3 Permit: SW8050842 Owner - Project: Neighborhoods of Holly Ridge LLC Inspection Date: 12/15/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine Is the site compliant with other water quality issues as noted during the inspection? 0 ❑ ❑ ❑ Comment: page: 4 E-Filed Annual Report 6205491 MUTED LIABILITY COMPANY ANNUAL REPORT Do not data enter manually. NAME OF LIMTIED LIABILITY COMPANY: Neighborhoods ofHollyRidge, LLC REPORT' FOR THE YEAR: 2014 STA E ON INCORPORATION: NC SECRET RY OF SLATE L.—T.C. ID NUMBER: 07162 ;'3 NATURE OF BUSINESS: Laud Development REGISTERED AGENT: Cook, Ryan REGISTERED OFFICE MAILING ADDRESS: 1105 New Pointe B1vd Ste 6 '� 6 Leland NC 28451-4130 REGISTERED OFFICE STREET ADDRESS: 1105 New Pointe Blvd Ste 6 Leland NC 28451-4130 Brunswick County PRINCIPAL OFFICE TELEPHONE NUMBER: j 343-9203� PRINCIPAL OFFICE MAILING ADDRESS: 1105 New Pointe Blvd Ste 6� a Leland NC 28451-4130 1� / PRINCIPAL OFI iCE STREET AYiDItEss: II05 Point e 6 .�I Leland NC 28451-413.0 Company Officials: Name: Scott Cook Name: Trdewatch LLC Title: Manager Tale: Member Address: Address: 106A Cinema Dr 1105 New Pointe Blvd Ste 6 Wilmington, NC 28403 Leland NC 28451 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIlVITrED LIABILITY COMPANIES Scott Cook 4/30/2014 FORM MUST BE SIGNED BY A MANAGEit/MEIVIBER DATE Scott Cook Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: E-Paid MAIL TO: Scmetary of Stato • Cmpacatnu Division • Post Offico Box 29525 - Rat*X NC 27626-0525 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION p L5 fA f 0/111 STIME/DATE I i — ° 30 `A)-`-- , NAME I � %°l� Q 'C- i REPRESENTING Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check- money order, or cash at the reception desk. Copies totaling $5 00 or more can be invoiced for your convenience. 4. FMRS MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $5000. No briefcases large totes etc. are Rermitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 2. a 4. 30 13 -3 0 igna. a and Name Firn Business Date Time In Time Out attach a business cart this form 3 G COPIES MADE � PAID % _ EITVOICE S:Admin.file access STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wi miug on, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION / SWIf TDAMATE NAME REPRESENTINGL��,HRn23o�S-�aL-LD(���6%�' Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:OOpm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order, or cash at the reception desk. Copies totaling $5.00 or more can be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEA Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one ofthese files is a misdemeanor for which you can be fined up to $500,00. No briefcases, large totes, etc. are uermitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 4ir L a bAJ 2. 3. 4. 0 Signature and Name of FjiMusiness Date Please attach a business card to this form COPIES MADE 2 8 PAID S:Admin.fde access !0 Time In INVOICE lz = 2s Time Out WNW North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 16, 201 Scott Cook, Manager Neighborhoods of Holly Ridge, LLC 106-A Cinema Drive Wilmington, NC 28403 Subject: Notice of Inspection — Not Compliant and Permit Extension The Neighborhoods of Holly Ridge Phase II Stormwater Permit No. SW8 050842 Onslow County Dear Mr. Cook: John E. Skvada, III Secretary Effective August 1, 2013 the State Stormwater program was 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. Please note that this letter now references DEMLR as the Division responsible for issuance of the subject permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame 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 a total of up to four (4) years extension. Accordingly, the permit, which was set to expire on May 26, 2016, shall now be effective from the date of issuance until May 26, 2020, which includes all available extensions. The project remains subject to the conditions and limitations as specified in the permit issued on May 26, 2006 which remains in force and effect. On October 1, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Phase II of The Neighborhoods of Holly Ridge in Onslow County to determine the status of compliance with the State Stormwater Management Permit Number SW8 050842. DEMLR file review and site inspection revealed that the project is not in compliance with the terms and conditions of the 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 for the subject project. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Submit a site plan for the amenity area. 2. Submit the Designer's Certification for the system. 3. Resolve the lack of ready access to the infiltration basin. Please inform this Office in writing before November 16, 2014, 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 November 16, 2014 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Division of Energy, Mineral, and Land Resources Land Quality section —Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: (910) 350-2004 Mr. Cook October 16, 2014 Permit No. SW8 050842 Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7. Violations of your Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation.' The Division notes that the Homeowner's Association has been formed. When the project has met the permit transfer requirements, please note that it is your responsibility to submit the completed and signed Name/Ownership Change form to DEMLR within 30 calendar days of conveying the common areas to the Association. The permit can be transferred to the Association if the project has met all of the requirements of Session Law 2011-256. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7343 or via•email at Iinda.lewis0mcdenr.gov. Sincerely, Ge/16" Linda Lewis Environmental Engineer III Enc: Compliance Inspection Report )P,GDS\arI: G:1WQ1Shared\StormwaterlPermits & Projects120051050842 HD1201410 CEI_deficient 050842 cc: Jimmy Fentress, P.E., Stroud Engineering Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2of2 Compliance Inspection Report Permit: SW8050842 Effective:05/26/06 Expiration: =05=O project: The Neighborhoods of Holly Ridge Phase II Owner: Neighborhoods of Holly Ridge LLC County: Onslow Region: Wilmington Contact Person: Scott Cook Title: Adress: NC Hwy 50 City/State/Zip: Holly Ridge NC 28445 Directions to Project: From NC 50/ US17 intersection, East on NC 50 towards Surf City site is on right. Type of Project: State Stormwater - HD - Infiltration Drain Areas: 1 -(County Line Branch) (03-06-24 ) ( SA;HQW) 2 - (County Line Branch) (03-06-24 ) ( SA;HQW) 3 -(County Line Branch) (03-06-24 ) ( SA;HQW) 4 - (County Line Branch) (03-06-24 ) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 10/01/2014 Entry Time: 09:35AM Primary Inspector: Alida R Lewis Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Phone: 910-343-9202 Exit Time: 10:30AM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SW8050842 Owner - Project Inspection Date: 10/01/2014 Inspection Type Inspection Summary: Please submit a site plan for the amenity area. Please submit the designer's certification for Phase 11. Please address the access issue for the infiltration basin. Neighborhoods of Holly Ridge LLC Compliance Evaluation Reason for Visit Routine page: 2 permit: SM050842 Owner - Project Neighborhoods of Holly Ridge LLC Inspection Date: 10/01/2014 Inspection Type Compliance Evaluation Reason for visit Routine File Review Yes No NA NE Is the permit active? E ❑ ❑ ❑ Signed copy of the aiginoei S certification io in a e file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: 1. The reauired designer's certification has not been provided. Built Upon Area 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? Comment: SW Measures Are the SW measures constructed as per the approved plans? Are Cite inlets located per the approved plans? Are the outlet structures located per the approved plans? ❑ N 0. 01 ■❑❑❑ ■❑❑❑ Yes No NA NE ■❑❑❑ ■❑❑❑ B ❑ ❑❑ Yes No NA NE ■ ❑ ❑❑ ®❑❑❑ ■❑❑❑ Comment: 2. Access to the infiltration basin was not readily available. There is no space between Lots 105 and 106. and/or the adiacent lot owners have fenced across the easement. The only access left is via the powedine easement. If the Dermittee and the HOA are going to be inspecting and maintaining the basin, there needs to be adequate access. Operation and Maintenance Yes No NA NE Are the SW measures being maintained and operated as per the permit requirements? 0 ❑ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to ® ❑ ❑ ❑ DWQ upon request? Comment: 3. Maintenance of die infiltration basin could not be ascertained as access was not provided. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ 0 ❑ ❑ Comment: 4. There is no approved site plan in the file for the amenity area off West Azalea Drive at Daisy Court. Per Schedule of Compliance Condition 11.1. the permittee is reouired to submit revised plans and receive approval for any revisions to the approved olans. Although an allocation of 50.00IYsa. ft.. of built -upon area was made in the permit for the amenity area, a site plan for the amenity area should have been submitted to the Division for approval prior to ifs construction. page: 3 STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD SECTION TIME/DATE .� NAME -BIRA(2 REPRESENTING � B i Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies. There is no charge for 25 or less copies. Payment may be made by check, money order, or cash at the reception desk Copies can also be invoiced for your convenience 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc are permitted in the file review area 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME r a r�� i � r if' ! (w . 2 4 SigNdture and Name of Firm/Busine& Please attach a business card to this forin COPIES MADE b PAID COUNTY —��111i 1J _117, p., Date Time In Time Out INVOICE STROUD ENGINEERING, RA. CONSULTING ENGINEERS 102-D CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 (910) 815-0775 March 1, 2007 NCDENR Division of Water Quality Attn: Linda. Lewis 127 Cardinal Drive Extension Wilmington, NC 28411 Re: The Neighborhoods of Holly Ridge, Phase II SW8050842 Dear Linda, AIIA«' I am writing pursuant your letter dated February 6, 2007 requesting a storm water management application for the subject development. The storm water permit number noted above is the permit under which this project is being built. The erosion control plan submitted on November 16, 2006 was to modify the original Soil Erosion and Sedimentation Control permit. The revision did not change the character of the storm water system and as such should not necessitate a revised storm water management application. I am attaching the cover of the Modified Soil Erosion and Sedimentation Control Permit to substantiate this contention. We hope these addresses your concerns. If I can be of further service, please don't hesitate to call me at 815-0775. Best Regards, James ingWeering, entress, Jr. PE, PL Stro P.A. attachments CC: Scott Cook JHF/jf F:/master/PW647/Wpd/phase2stomrequestresponse.doc 107 COMMERCE ST. HESTRON PLAZA TWO SUITE 8 102-D CINEMA DRIVE 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 -M Pk) L-e] ,vlb n'9vt> EC. t_'C_2AAT_ - NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist M'!Iiam G. Ross Jr., Secretary November 20, 2006 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Neighborhoods of Holly Ridge, LLC Mr. Scott Cook, Managing Partner 106-A Cinema Drive Wilmington, NC 284,03 RE: Project Name: The Neighborhoods of Holly Ridge Phase II Acres Approved: 87 Project ID: Onslo-2006-041 County/Town/Street: Onslow, Holly Ridge, NC HWY 50 River Basin: Cape Fear Submitted By: So oud Engineering, P.A. Date Received by LQS: November 13, 2006 Plan Type: REVISED Dear Mr. Cook: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This -plan approval shall expire three (3) years following the date of approval, if no Iand-disturbing activity has been undertaken, as is required by Title 15A NCAC 413 .0129. Should the plan not perform adequately, a revised plan will be required (G.S. I I 3A-54. 1)(b). Please be advised that Title ! 5A NCAC 4B.0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. . North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North .Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. .Wilmington Regional Office - 127 Cardinal Drive Fact., Wilmington, North Carolina 28406-3845 • Phone: 910-796-7215 / FAX: 910-350-2004 Neighborhoods of Holly Ridge Ph 2 SW8 050842 Subject: Neighborhoods of Holly Ridge Ph 2 SW8 050842 From: Linda Lewis <Iinda.lewis@ncmail.net> Date: Wed, 14 Feb 2007 11:31:43 -0500 To: Jimmy Fentress <jfentress@stroudengineer.com> Jimmy: I'm not sure what's going on, but I received a faxed copy of this permit. We received letter of receipt of a revised SEC plan back on 11/16/2006. The permit that was issued was dated May 26,.2006, so we were unsure if the letter of receipt from 6 months later proposed any changes that would affect the May 2006 permit. What was the purpose of the revised SEC plan, and will it affect the stormwater permit in any way? Thanks, Linda 1 of 1 2/14/2007 11:32 AM Feb 09 07 04:59p Cinema Drive Office Fax 1-i- eL etal S To: Fax: 3 SO- a v o Phone: 8103439209 p.1 ��L�4"& ,SOS NEMORMODs OF HOLLYRIDGE Ho^4 �4�T From: J. Fax: 910-343-9209 Phone: 910-343-9202 Date: 2/9/2007 Subject: Spa e- 5a 3,r w, i u4 k e a4g ,,+ Comments: .Av�� -a-vj t i 4CA+1,c s,s Q S ov, I e.,�, ;wwr. Cowl Feb 09 07 04:59p Cinema Drive Office 9103439209 p.2 MAY.31.2006 8:27AM NCDENR WIRO NO.987 P.2/9 --, Michael F. P.asloy, Governor William 0. Ross Jr-. 3caftY Noah Carolina Dep urnent of 8nvironr mnt and Waturel Resoureis Alan W. Minxk. P.E. Dimator WON of water Quality Uay 26, 2006 Mr. Scott Cook, President/Manager Neighborhoods of Holly Ridge, LLC 106-A Cinema Drive Wilmington, NC 28403 Subject: Stormwater Permit No. The Neigbborhoods of t High 13ensity Subdlvlsl`.c Onslow County Dear Mr. Cook: :W8 050842 Modification oily Ridge, Phase li !ill Project The Wilmington Regional Office receiv( d a complete Stormwater Management Permit Application for The Neighborhoods of 1- olly Ridge, Phase 11 on May 23, 2006. Staff review of the plans and specifications has detem ined that the project, as proposed, will comply with the Stormwater Regulations set forth In Titl :i 115A NCAC 21-1.1000. We are forwarding Permit No. SW8 050842 Modification, dated May " i3, 2006, for the construction of the subject project. This permit shall be effective from the t gate of issuance until May 26, 2016, and shall be subject to the conditions and limitation, as specified therein. Please pay special attention to the Operation and Maintenance requirE ,nents in this permit, Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitation: contained in this permit are unacceptable, you have the tight to request an adjudicatory het 1ng upon written request within thirty (30} days following receipt of this permit. This rep guest must be in the form of a written petition, conforming-1 Chapter ISOB of the Nor h Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer'A'7447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and ]finding. if you have any questions, or need add tional Information concerning this matter, please contact Paul Bartlett, or me at (910) 79 3-7215. Since , F-dward Beck Regional Supervisor Surface Water Protection Section ENB/ptb: SAWQSISTORMWATER cc: Zak Shipman Stroud Ent Mike Morris, bnslow Cou Paul T. Bartlett, P.E, Wilmington Regional Off Central Files PERMIT1050842Mod.may06 ineering, P.A. Ay Inspections ;e Var Nardi Carolina Division of Water Q4aiity 127 Cardinal Nw ?_ld uWa Wllmineton, NC 2M05 Plano (910) 796-7215 C usu mer serviao Wilminpri Reei=4 Office rnternet: 7 :*iality.ma Fax (910) 350-2004 1477-623.6748 An Equal OppomnaylAfNenabe Acd a Employer-50% Rocycladflft Post Coneumor Paper Feb 09 07 04:59p Cinema Drive Office 9103439209 p.3 MAY.31.2006 8:27AM NCDENR WIRO N0.987 P.3i9 State Storms - er Management Systems Permit No. SW8 050842 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVI tONMENT AND NATURAL RESOURCES Qn"ISI iP OF WATER Q`.IAUTY -STATE STORM! !DATER MANAGEMENT PERMIT HiGH DI'NSiTY DEVELOPMENT In accordance with the provisions o; Article 21 of Chapter 143, General Statutes of North Carolina as amended, and otl er applicable Laws, Rules, and Regulations PERMISSiO .I IS HEREBY GRANTED TO Scott Cook and A ::ighborhoods of Holly Ridge, LLC The Neighbor ; oods of Holly Ridge, Phase ll Onslow County FOR THE construction, operation and mainten rose of an infiltration basin and two storage basins with pump systems in compliance w :h the provisions of 15A NCAC 2H .1000�hereafter Deferred to as the "stormwaterrules' and the approved stormwater management plans and specifications and other support ng data as attached and on file with and approved by the Division of Water Quality and onsidered a part of this permit. This permit shall be effective from th ,i date of issuance until May 26, 2016 and shall be subject to the following specifies! cor :iitions and limitations: I. DESIGN STANDARDS 1. This Permit is effective only w :h respect to the nature and volume of stormwater described in the application ai d other supporting data. 2. This stormwater system has t ,yen approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 204 lots; each al :)wed 4,500 square feet of built -upon area. 3.° Approved plans and speclticai ons for this project are incorporated by reference and are enforceable parts of tl a permit, 4. The basin must be operated H th a 50" vegetated filter. Two bypasses for runoff In excess of the design storm ire provided, each with a 50' vegetated filter; one at Pump Basin 41 and one at , :pump Basin #2. 5, All stormwater collection and t e-atment systems must be located in either dedicated common areas or re ::orded easements. The final plats for the project will be recorded showing all sL :)h required easements, in accordance with the approved plans. Page 2 of a Feb 09 07 04:59p Cinema Drive Office 9103439209 p.4 MAY.31.2006 8:28AM NCDEhR WTRO N0.987 P.4/9 State Storm' -'-sr Management Systems Permit No, SWe 050842 Modification 6. The followingdesign elemei is have been permitted forthis infiltration basin stormwater facility, and mus be provided In the system at all times. a. Drainage Ar�a, acres: A 61.44 nnsio Off .9 te, ft . None b. Total Impervious Surfa{ es, if.-1 353,874 Lots at 4,500 ft2: Roads/Parking, ft2: 918,000 Other, ft2• Offsite, 331,845 104,029 ft�: None c. Basin Depth, feet: 2.0 d. Design Storm: 1.5 G. Bottom Elevation, FMSI ,; 56.0 f. Seasonal High Water T ible, FMSL: 54.0 g. Permitted Surface Area iWottom, ft2: 13,360 h Total Permitted Stara E Volume, ft3: 300,499 Infiltration Basin, Pump Basin #1, : 31,207 175,240 Pump Basin #2, ft : 94,052 I. Storage/Bypass Elevati( n, FMSL: (bypass elev. at bott pump basins) 58.0 Type of Soil Kureb k. Expected Infiltration Rat::, in/hr. Infiltration 3.0 basin volume mte, gpm: 416 Pump #1 volume rate, gam: 145 Pump #2 volume rate, g :im: 135 1. Time to Draw Down, hot rs: 9.3 m. Receiving Stream / Rive, Basin: CoLinly Line Brand I ceps Fear Rn+®r n.. Stream Index Number. 18-87-&l o. Classification of Water 6 :ady: "SA; HQW° p. Pump Model (both pumas) Tsuruml Model KTz47.6-60 q. bump #1 Operating Pair:: 10 hp, 30, 230V/60 Hz Simplex 145 gpm, 57.2' TDH Pump #2 Operating Poir ;: 135 gpm, 54.7' TDH 10. SCHEDULE OF COMPUA►NCE 1. No homeowner/lot owneddev .toper shall fill in, alter, or pipe any drainage feature (such as swales) shown on tf is approved plans as part of the stormwater management system without i ubmitting a revision to the perm[t and receiving approval from the Division. 2. The permittee is responsible f it verifying that the proposed bullt-u on area for the entire lot, including drivew iys and sidewalks, does not exceedtheallowable built -upon area. once the lot t ansfer is complete, the built -upon area may not be revised without approval from fie Division of Water Quality and responsibility for meeting the built -upon area lir ilt Is transferred to the lndivi�ual property owner. 3. The Director may notify the pe-mittee when the permitted site does not meet one or more of the minimum requir iments of the perrnk. Within the time frame sppeclfled In the notice, the per nittee shall submit a written time schedule to the Dirrectar for modifying the site :3 meet minimi4m requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been m :ide. Page 3 of 8 Feb 09 07 05:00p Cinema Drive Office 9103439209 MRY. M. MG 8- 28AM NCDiENR WIRO NO.987 P.5/9 State Stony ^ ter Management systems Permit No. SW8 06Q§42 Modificaft 4• The perrnittee shall submit 1,i the Director and shall have received approval for revised plans, specification: , and calculations prior to construction, for any modification to the approvec plans, including, but not limited to, those listed below: a. Any revision to the aE uroveo plans, regardless of size. b. Project name change c. Transfer of ownershil . d. Redesign or addition o the approved amount of built -upon area, e. Further subdivision, F )gUlsition, or sale of all or part of the project area. The project area is di: Dined as all property owned by the permittes, for which Sedimentation :ind Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or I !ping of any vegetative conveyance shown on the approved plan. 5. The Director may determine ;hat other revisions to the project should require a modification to the permit. B. The stormwater managmmer I, system shall be constructed in Its entirety, vegetated and operational fo , its intended use prior to the construction of any built -upon surface. 7. During construction, erosion ,,hall be kept to a minimum and any eroded areas of the system will be repaired it'imediately. Infiltration systems should not be used as erosion control devices, d ie to the potential clogging. If the stormwater system was used as an Eros ,an Control device, it must be restored to design condition prior to operation a. , a stormwater treatment device, and prior to occupancy of the facility. s. upon completion of eonstruci on, prior to issuance of a Certificate of Occupancy, and prior to operation of this; lermitted facility, a certification must be received from an appropriate designer I,or the system installed certifying that the permitted facility has been installed in s:xordance with this permit, the approved plans and specifications, and other supl orting documentation. Any deviations from the approved plans and specifica ions must be noted on the Certification. 9• The permittee shall at ail time:; provide the operation and maintenance necessary to assure that all c :imponests of the permitted stormwater system function at optimum efficiencci� The approved Operation and Maintenance Plan must be followed in its entiref - and maintenance must occur at the scheduled Intervals including, but not lim -ted to: a. Semiannual scheduled inspections ;every 8 months), b. Sediment removal. C. Mowinq and revegetati m of side slopes. d. Immediate repair of erc ,led areas. 9. Maintenance of side sit pea in accordance with approved plans and specifications. f. Debris removal and un- logging of structures, orifice, catch basins and piping. g. Access to ail componei is of the system must be available at all times. 10. Records of maintenance actin :ies must be kept and made available upon request to authorized personn ::I of DWQ. The records will indicate the date, activity, name of person perfbi :ping the work and what actions were taken. 11. Permanent seeding re uireme -its for the storrnwater oontrol must follow the guidelines established in the h ,arth Carolina Erosion and Sediment Control Planning and Design Manual. p.5 Page 4 of 8 Feb 09 07 05:00p Cinema Drive Office 9103439209 p.6 ,MAY.31.2066 e-2BM NCDENR WIRC ' NO.987 P.6/9 State Stour ter Management Systems Permit No. S 8 090842 Modification 12. Prior transfer of the ppermit, -he storrnwater facilities will be inspected by DWQ Personnel, The facility must be in compliance with all permit conditions. Any items not in compliance mu ;t be repaired or repiaced to design condition prior to the transfer. Records of ma Venance activities performed to date will be required. 13. Prior to the sale of any lot, t is following deed restrictions must be recorded: a. The following covens -its are intended to ensure ongoing compliance with State Stormwater Ma 7agement Permit Number SW8 050842 Modification, as Issued by the Divi: ion of Water Quality under NCAC 2H.1000, b. The State of North C,, rolina is made a beneficiary of these covenants to the extent necessary o maintain compliance with the Stormwater Management permit. 0. These covenants are o run with the land and be binding on all persons and parties claiming L •ider them. d. The covenants pertair ing to stormwater may not be altered or rescinded Without the express w itten con -sent of the State of North Catalina, Division of Water Quality. ®. Alteration of the drainE sae as shown on the approved plans may not take place without the cone irrence of the Division of Water Quality, f The maximum built-u :in area per lot is 4,500 square feet. This allotted Mount includes any � ,alit -upon area constructed within the lot property boundaries, and that p ;,rtion of the right-ofway between the front lot line and the edge of the pa ,ement. Built upon area includes, but is not limited to, structures, asphalt, ;:oncrete, gravel, brick, stone, slate, coquina and parking areas, but doe; not include raised, open wood decking, or the water surface of swlmr Ing pools. 9• Lots within CAMA's Ar(a of Environmental Concern may be subject to a reduction In their allowr ble built -upon area due to CAMA regulations. h. All runoff from built upo ,1 area on the lot must drain into the permitted system. This may be a( 1�rnpl!shed through providing roof drain gutters which drain to the scree , gradinq the lot to drain toward the street, or grading perimeter swalf s and directing them into the pond or street. Lots that will naturally drain i ito the system are not required to provide these measures. i. Built upon area in exce, a of the permitted amount will require a permit modification. 14. A copy of the recorded deed re ..trictions must be submitted to the Division within 30 days of the date of recordin, i the plat, and prior to selling lots. The recorded copy must contain all of the ste :ements above, the signature of the Permittes, the deed book number and page, E nd the stamp/signature of the Register of Deeds. 15, This permit shall become voids :)le unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other suppo ting data. 16. Built upon area includes, but is lot limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coqu to and parking areas, but does not include raised, open wood decking, or Uie water surface of swimming pools. Wage 5 of a Peb 09 07 05:01p Cinema Drive Office 9103439209 6 My. 31.2006 8: 26M NCDENR WIRC N0.987 P.7/9 State Stour ter Management Systems NO-3WB 050842 Modification . I!!. GENERAL CONDITIONS Permit 1. This permit is not transferal ; e to an approval by the Director. In the event heroereis eiheentity desiexceirre for the € �i� �n� change ownership, or there a „b r e change of the Permittee a l e t� "Name/Ownership Chan ere i Form" must be submitted to the Division of Water Quality accompanied by apI ropnate documentation from the parties involved. This may include, but Is not ,mited to, a deed of trust, recorded deed restrictions, Designer's Certification and 8 signed Opperation and Maintenance plan. The Project must be in good star .ling with JAM The approval of this request will be considered on Its merits and may or may not be approved. 2. The permittee Is responsible for cornpllance with all of the terms and conditions of this permit until such time is the Director approves the transfer n ter request. 3. Failure to abide by the condt Ions end limitations contained in this permit may subject the Permittee to enfo cement action by the Division of Water Qual' accordance with North Caroll m General Statute 143 216.6A to 143-215.6C" in 4. The issuance of this permit d ;-es not preclude the Permitfee from complying with any and all statutes, rules, re; iulations, or ordinances which may be irr� osed by other government agencies (l .1cal, state, and federal) which have jurisdiction. 5. in the event that the facilities i3il to perform satisfactorily, including the creation of nuisance conditions, the Peru ittee shall take immedlate corrective action, Including those as may be rec ;aired by this Division, such as the construction of additional or replacement ator 'nwater management systems, 6. The permit may be modified, r i-voked and reissued or terminated for cause. The filing of a requw for a permit ;1odiflcation, revocation and reissuance or termination does not stay any aermg condition. 7. Permittee grants permission tc staff of the DWQ to access the property for the Purposes of inspecting the sta: nwater facilities during normal business hours. B. The permittee shall notify the [ Msion of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans E ,id specifications the Permittee for a minimum 01 ten yrs oehdate o the ompl tion filebyconstruction. PernZit Issued this the 26th day of MaS 2006. ��vrc 'AROLiNA P-NVIRON ,IENTAL MANAGEMENT COMMISSION for an rme , ., Directr r Division of Water Quality By Authority of the Environment .,i Management Commission Fage 6ofa p.7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 6, 2007 Mr. Scott Cook, Managing Partner Neighborhoods of Holly Ridge, LLC 106-A Cinema Drive Wilmington, NC 28403 Subject: Request for State Stormwater Management Permit Application The Neighborhoods of Holly Ridge Phase 11 Stormwater Project No. SW8060842 Onslow County Dear Mr. Cook: On November 16, 2006, the Wilmington Regional Office received a copy of an Erosion Control Plan for the subject project. The North Carolina Administrative Code requires any project that must receive either Sedimentation and Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit will constitute a violation of 15A VCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than March 6, 2007. Failure to respond to this request may result in the initiation of enforcement action, and construction may experience a subsequent delay. The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control Plan approval letter must NOT be considered the Coastal Stormwater Management Permit, which will be signed by the Water Quality Supervisor. Please reference the Project Number above on all correspondence. If you have any questions, please call me at (910)-796-7215, or email me at linda.lewis@ncmail.neL Sincerely, ff C Linda Lewis Environmental Engineer ENB/arl: S:IWQSISTORMWATERISTORMSUB1050842.feb07 cc: Onslow County Building Inspections Cavanaugh Consulting Engineers Wilmington Regional Office File Central Files Doug Huggett Na" Carolina North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.iiewaterguality.org Fax (910) 350-2004 1-877-623-6748 RE: SW8 050842 Neighborhoods of Holly Ridge Ph. 2 Subject: RE: SW8 0508421N7eighborhoods of Holly Ridge Ph. 2 From: "Zachary Shipman" <zshipman@stroudengineer.com> Date: Thu, 21 Dec 2006 11:30:29 -0500 To: "Ted Burke" <ted.burke@cavanaughsolutions.com>, "Linda Lewis" <linda.lewis@ncma.il.net> Linda, As Ted responded the Erosion control permit was originally obtained by Cavanaugh for this job and shortly after our client and Cavanaugh parted ways. Stroud completed the plans and design and continued permitting the project. The modification to the erosion control was necessary because we had drastically altered the drainage system originally permitted. The stormwater permit, however was based on the correct and current design. and so no modification is necessary. Zak Shipman, EI Staff Engineer Stroud Engineering, PA 102-D Cinema Drive Wilmington, NC 28405 (910) 815-0775 -----Original Message ----- From: Ted Burke[mailto:ted.burke@cavanaughsolutions.com] Sent: Wednesday, December 20, 2006 4:45 PM To: Linda Lewis Cc: Zachary Shipman Subject: RE: SW8 050842 Neighborhoods of Holly Ridge Ph. 2 Linda, Cavanaugh & Associates is no longer working with The Neighborhoods of Holly Ridge. Cavanaugh submitted for, and received, an erosion control plan for Phase II more than a year ago. However, soon after receiving the ESC permit, Cavanaugh'and Neighborhoods went their separate ways. To my knowledge, Stroud Engineering has been handling the project. I know Zak Shipman, with Stroud, has been working on it recently. I have copied Zak to this email. Hope all is well and hope that you have a Merry Christmas! Thank you, Ted Edward "Ted" Burke, P.E. Cavanaugh & Associates, P.A. -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, December 19, 2006 12:59 PM To: Ted Burke Subject: SW8 050842 Neighborhoods of Holly Ridge Ph. 2 Ted: On Nov. 16, 2006, I received a copy of a letter of receipt of a revised erosion control plan for the subject project. Please advise as to what revisions are being proposed, and if those revisions will require a modification to the existing stormwater permit. Thanks, and Merry Christmas! l of 2 12/28/2006 10:45 AM RE: SW8 050842 Neighborhoods of Holly Ridge Ph. 2 Linad 2 of 2 12/28/2006 10:4_ AA'A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary November 16, 2006 (] LETTER OF RECEIPT OF REVISED EROSION CONTROL PLAN ff11� Neighborhoods of Holly Ridge, LLC Mr. Scott Cook, Managing Partner u 106-A Cinema Drive Wilmington, NC 28403_ RE: Project Name: The Neighborhoods of Holly Ridge Phase II'--°d'�'� Project ID: Onslo2006041 �006 County: Onslow, Holly Ridge, NC HWY 50 River Basin: Cape Fear Stream Classification: Submitted By: Cavenaugh Consulting Eng. Date Received by LQS: November 13, 2006 Plan Type: NEW Dear Mr. Scott Cook: This office has received the revised soil erosion and sediment control plan submitted for the project listed above. G.S. 113A-54.1(a) requires that this office approve or disapprove a submitted revised plan within 15 days of receipt of such plan. Failure to act by this office within this time period shall be deemed approval of the revised plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. The approval of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules. If you have questions please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Sincerely, Trentt James Land Quality Section cc: Ted Burke, P.E., Cavanaugh Consulting Engineers LQS — WiRO; SWS-WiRO Wilmington Regional Office 127 Cardinal Drive Extension; Wilmington, NC 28405 Phone: 910-796-7215 Fax: 910-350-2004 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources _lames D. Simons, PG, PE Land Quality Senior, Michael F. Eas!e„ Governor Director and State Geologist October 30, 2006 William G. Ross Jr., Secre 6b 1� LETTER OF RECEIPT OF REVISED EROSION CONTROL PLAN Neighborhoods of Holly Ridge, LLC Mr. Scott Cook, Managing Partner 106-A Cinema Drive Wilmington, NC 28403 RE: Project Name: The Neighborhoods of Holly Ridge Phase II Project ID: Onslo2006041 County: Onslow, Holly Ridge,NC HWY 50 River Basin: Cape Fear Submitted By: Cavenaugh Consulting Eng. Date Received by LQS: October 24, 2006 Plan Type: NEW Dear Mr. Scott Cook: � 6�� %. �) r° F..._T00 0 2006 a.._-- _ ................ This office has received the revised soil erosion and sediment control plan submitted for the project listed above. G.S. 113A-54.1(a) requires that this office approve or disapprove a submitted revised plan within 15 days of receipt of such plan. Failure to act by this office within this time period shall be deemed approval of the revised plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. We have performed a preliminary review of your submitted plan and have determined that additional information will be necessary before a final review can be completed. Enclosed is a checklist of items that must be submitted before we can complete the review process. Failure to provide the additional information may result in disapproval of your plan. The approval of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules. If you have questions please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Sincerely, Treiltft James Land Quality Section cc: Ted Burke, P.E., Cavanaugh Consulting Engineers LQS — WiRO; SWS-WiRO Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, NC 28405 Phone: 910-796-72.15 Fax: 910-350-2004 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES LAND QUALITY SECTION EROSION and SEDIMENTATION CONTROL PLAN PRELIMINARY REVIEW CHECKLIST PROJECT NAME: The Neighborhoods of Holly Ridqe Phase II DATE: 10/24/2006 0:00:00 PROJECT NO.: Onslo2006041 COUNTY: Onslow To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application has been made and has shown the need for additional information as specified below. To meet our review schedule, any additional information should be received by this office no later than 11/03/06 . Failure to meet this schedule may result in disapproval of your plan. The following items shall.be incorporated with respect to specific site conditions, in an erosion and sediment control plan: LOCATION INFORMATION Project location (roads, streets, landmarks) North arrow and scale GENERAL SITE FEATURES (Plan elements) Legend: North arrow, scale, etc. Property lines Existing contours (topographic lines) Proposed contours Limits of disturbed area (provide acreage total, delineate limits, and label) Planned and existing building locations and elevations Planned & existing road locations & elevations Lot and/or building numbers Geologic features: rock outcrops, seeps, springs, wetland and their limits, streams, lakes, ponds, dams, etc. Easements and drainageways Profiles of streets, utilities, ditchlines, etc. Stockpiled topsoil or subsoil locations If the same person conducts the land -disturbing activity & any related borrow or waste activity, the related borrow or waste activity shall.constitute part of the land -disturbing activity unless the borrow or waste activity is regulated under the Mining Act of 1971, or is a landfill regulated by the Division of Waste Management If the land -disturbing activity and any related borrow orwaste activity are not conducted by the same person, they shall be considered separate land -disturbing activities and must be permitted either thru the Sedimentation Pollution Control Act as a one -use borrow site orthrough the Mining Act. Required Army Corps 404 permit and Water Quality 401 certification (e.g. stream disturbances over 150 linear feet) EROSION CONTROL MEASURES (on plan) Legend Location of temporary measures Location of permanent measures x Construction drawings and details for temporary and permanent measures Maintenance. requirements of measures Contact person responsible for maintenance SITE DRAINAGE FEATURES Existing and planned drainage patterns (include ott-site areas that drain through project) Method of determination of and calculations for Acreage of land being disturbed Size and location of culverts and sewers Soil information: type, special characteristics Soil information below culvert storm outlets Name and classification of receiving water course (only where stormwater discharges are to occur) COMMENTS: Provide const. details and legend. STORMWATER CALCULATIONS Pre -construction runoff calculations for each outletfrom the site (at peak discharge points) Design calculations for peak discharges of runoff (including the construction phase & the final runoff coefficients of the site) Design talcs of culverts and storm sewers Discharge and velocity calculations for.open channel and ditch flows (easement & right-of-ways) Design talcs of cross sections and method of stabilization of existing and planned channels (include temporary linings) Design calcs and construction details of energy dissipators below culvert and storm sewer outlets (diameters & apron dimensions) Design calcs and dimension of sediment basins Surface area and settling efficiency information for proposed sediment traps and/or basins VEGETATIVE STABILIZATION Area & acreage to be vegetatively stabilized Method of soil preparation Seed type & rates (temporary & permanent) Fertilizer type and rates Mulch type and rates NOTE: Plan should include provisions for groundcover on exposed slopes within 15 working days or 30 calendar days (whichever is shorter), following completion of any phase of grading; permanent groundcover for all disturbed areas within 15 working days or 90 calendar days (whichever is shorter) following completion of construction or development. FINANCIAL RESPONSIBILITY/OWNERSHIP FORM Completed, signed & notarized FR/O Form Accurate application fee ($50.00 per acre rounded up the next acre with no ceiling amount) Certificate of assumed name, if the owner is a partnership Name of Registered Agent (if applicable) Copy of the most current Deed for the site NOTE: For the Express Permitting Option, inquire at the local Regional Office for availability. NARRATIVE AND CONSTRUCTION SEQUENC Narrative describing the nature and purpose of the construction activity Construction sequence related to erosion and sediment control (including installation of critical measures prior to the initiation of the land -disturbing activity & removal of measures after areas they serve are permanently stabilized) Bid specifications related only to erosion control SW8 050842 Neighborhoods of Holly Ridge Ph. 2 Subject: SW8 050842 Neighborhoods of Dolly Ridge Ph. 2 From: Linda Lewis <linda.lewis@ncmail.net> Date: Tue, 19 Dec 2006 12:59:05 -0500 To: Ted Burke<ted.burke@cavanaughsolutions.com> Ted: On Nov. 16, 2006, 1 received a copy of a letter of receipt of a revised erosion control plan for the subject project. Please advise as to what revisions are being proposed, and if those revisions will require a modification to the existing stormwater permit. Thanks, and Merry Christmas! Linad 1 of 1 12/19/2006 12:59 PM