HomeMy WebLinkAboutSW8070649_Compliance Evaluation Inspection_20190129(Domestic Mail C
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r-9 Attn: Ryan Cook, Manager
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Suite 6
Ciry, Leland, NC 28451-4130
:ii August 2006
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■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
/?y an coq/< ,y2�-- �
/Vei h%-170i;✓5' of
11o5 Alow,196ile Xe;/. SYP 6
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• Sender: Please print your name, address, and ZIP+4® in this box•
NC DEQ/DEMLR
Stormwater Section
127 Cardinal Drive Ext
Wilmington, NC 28405
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Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, January 29, 2019 1:26 PM
To: 'Luke Menius'
Cc: 'Christopher K. Behm; Lucas, Annette (annette.lucas@ncdenr.gov)
Subject: Neighborhoods of Holly Ridge LLC NOVRE
Attachments: neighborhoods of holly ridge.pdf
Please see the attached letter, Notice, of Violation and Recommendation to Enforce. I have no email
address for Mr. Cook.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
-'''Nothing- 01-
Email conesporidence to and `-om this address is subject to the
No4h Carnlina Pub it Records Law a; d ma), be (Jisclosed to third parties.
ROY COOPER
Governor
MICHAEL S. PEGAN
Secretary
S. DANIEL SMITH
Interim Director
cQ�
f
Ra'� Ql1AM �s
NORTH CAROLINA
Environmental Quality
January 28, 2019
CERTIFIED -MARL' 47013 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
NOV-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 10,
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 NOV,
the Division is herewith notifying you of this continuing violation and of our intent to enforce.
NOTED VIOLATION S
A. The following continuing violations are noted for PennitNo. SW8 050213 (Phase 1), issued on
March 3, 2005:
Failure to Operate and Maintain the Stormwater S stem. Per Schedule of Compliance
Condition II.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 Veri{ZBuilt-pon Area. Per Schedule of Compliance Condition I1.2 of the Permit,
the perinittee is required to verify that no loft 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.
D. �
'q,A North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
EQ•/� Wilmington Regional Office : 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAFOIIn't
"""'ow 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
3 Failure to Certify the Stormwater System. Per Schedule of Compliance Condition I1.9 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 #57 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 Ivo. SW8 050842 (Phase 2), issued on May 26,
2006:
1. Failure to Operate and Maintain the Stormwater S sty ens. 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 storm runoff volume from the storage pond into the infiltration area. 'I he
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 Certify 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 II.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 S sty em. Per Schedule of Compliance Condition
II.9 of the Pen -nit, 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. SW 8 050213
State Stormwater Management Permit No. SW8 050842
State Stormwater Management Permit No. SW8 070649
Page 3 of 3
Failure to Certify 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.
REQUIRED RESPONSE
This Office requires that you respond to this letter in writing within 30 calendar days of roceipt of this
,Notice. Your response should be sent to this office at the letterhead address. Your response should address
the following items:
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.
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.
Verify that the built -upon area for each lot has not exceeded the maximum allowed.
Certify that the as -built condition of the Boat Storage Area in Phase 1 meets the permitted
condition.
Certify the stormwater systems for Phases 1 and 2.
Modify the perinit and approved plans for Phase 3 to account for the street and lot layout changes.
Once the Phase 3 permit is modified, certify the stormwater system for Phase 3.
Once all the compliance issues have been addressed, submit a permit transfer application, S505.00
fee and associated do�;urnentation for each of the listed permits to initiate the transfer process.
Submit renewal applications per the schedule noted below:
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 $25,000.00 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.
Sincerely,
Dlsc�
K 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:\\\Stormv:,ater\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: (menius@stroudengineer. com)
Christopher K. Bchm, 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
BLOCK, CROUCH, KEETER, BEHM & SAYED, L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
POST OFFICE BOX 4
WILMINGTON, NORTH CAROLINA 28402
FRANKLIN L. BLOCK (Retired)
AULEY M. CROUCH, III
JEFFREY P. KEETER
CHRISTOPHER K. BEHM
LINDA B. SAYED*
JAMIE S. GETTY
HARRISON B. FREEDLAND
MELISSA D. WRIGHT (Of Counsel)
DANIEL L. BRAWLEY (Of Counsel)
*Board Certified Family Law Specialist
January 25, 2019
VIA ELECTRONIC AND FIRST CLASS MAIL
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Electronic Mail: linda.lewisgncdenr. og_v
310 NORTH FRONT STREET, SUITE 200
WILMINGTON, NORTH CAROLINA 28401
Re: Neighborhoods of Holly Ridge Phases 1, 2 and 3
Stormwater Permit No. SW8 050213 (Phase 1)
Stormwater Permit No. SW8 050842 (Phase 2)
Stormwater Permit No. SW8 070649 (Phase 3)
Onslow County
Dear Ms. Lewis:
TELEPHONE
910.763.2727
FACSIMILE
910.726.1552
www.bcklawfirm.com
cbehm@bcklawfirm.com
s JAN 2 8 2019
WN
Please be advised that this law firm now represents the Neighborhoods of Holly Ridge
Owners Association ("Association") concerning the above -referenced stormwater permits, and the
various violations of same by Neighborhoods of Holly Ridge, LLC previously noted by your office.
The purpose of this letter is to please request a meeting with you in the near future to discuss
the current status of, and next steps pertaining to, these violations and permits.
Please let me know some proposed dates and times in the near future when you would be
available to conduct such a meeting, and I will endeavor to schedule same with you.
In the meantime, please do not hesitate to contact me with any questions or concerns.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
January 25, 2019
Page 2
With kind regards, I remain,
'ShIceeely,
`I S+1YBI.77, LLP' RC)1
K. Behm
Lewis,Linda
From: Lewis,Linda
Sent: Friday, January 25, 2019 2:12 PM
To: 'Christopher K. Behm'
Cc: Scott, Georgette; Sams, Dan; Jennifer Bargesser
Subject: RE: [External] Neighborhoods of Holly Ridge Phases 1, 2 and 3
I'm working on the letter and will hope u!ly have it ready to go on Mond -ay.
As to the rest of time frame, I have no idea and can make, ,10 guarantees. There's too much going on
at the moment.
Sorry
Linda
From: Christopher K. Behm <cbehm@bcklawfirm.com>
Sent: Friday, January 25, 2019 1:46 PM
To: Lewis,Linda <linda.lewis@ncdenr.gov>
Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Jennifer Bargesser
<JBargesser@bcklawfirm.com>
Subject: RE: [External] Neighborhoods of Holly Ridge Phases 1, 2 and 3 .
External r:nail Do not click finks or open e'#tachmepts unless you verify- Send all suspicious email as an attachment to
Ms. Lewis -
Thank you for the prompt, and detailed, response.
Do you have any estimated timeframe for:
1. Issuance of DEMLR's intent letter, requiring a 10-day response from the permittee? and
2. In the absence of receipt of the written response and plan of action from the permittee within such
period, the referral to the AG for commencement of an enforcement action?
While your response certainly gives more detailed direction than my client previously had, I am still hoping that
it might be possible to meet with you or your staff in the near future to also discuss additional potential
alternatives of interest to the Association.
Thank you.
Sincerely,
Christopher K. Behm
Attorney at Law
Block, Crouch, Keeter, Behm & Sayed, LLP
31 G"N. Front Street
Wilmington, NC 28401
910-763-2727 (Phone)
910-726-1552 (Facsimile)
:;bchnvl-! h'Alawfin-n-com
From: Lewis,Linda
Sent: Friday, Ja'nuary 25, 2019 1:18 PM
To: Jennifer Bargesser <,!iBan. essij.Camn klawfirm.com>
Cc: Christopher K. Behm Scott, Georgette >; Sams, Dan
Subject: RE: [External] Neighborhoods of Holly Ridge Phases 1, 2 and 3
1,1, 1,. Rehm:
L'. -
The net, st.cp in the process is to send the Neigh"orhoods of Fllol!y LI-C, Ryan I'Aar-ager,
a. Vttei- expi,ezis-.Agg DEIViLR's intent to initiate enforcement action unlesE ?trey provid.e., ;,,, written
P1. a plan of action within 10 days of receiving the letter.
I
. sponse and
If -that fails to produce a respoose or a resul* from hAr. Co.-)V, then we %vill .,/rite up tht.., � nfrorcenm,zont
action, at which r.'�-ii-A, ULW Morney General's officf,-., will b--corne invo;; ed. I bt,.' hc-ppy to provide
our cortact to tihi? assio, ned ANG at that ime.
You WE', prob,.?-bI--,.i gel", a '(.ettE:`-,-- result iff you reqwest to rn,eet dir cily v;Ath the p M-9ittee
,naation and unrespon!mems. XAfs ere doing ali that we pari to 01xat i �irn to the z"abie. The last know i
ccntact inforrnpaon i have is Ryan Cook, Mianagar, 1105 New Puinte Boulevard, &Jte -,33, I-elamd., NIC
28.1, 51 and phone rAirnber 9110-3-431-9203.
Linda Lewis. E.I.
Divi.=icq--:,--;f :-iv-;rqyl Vi'Gipra! and Land Pasource!;
of Envirc rimenta.l Ounlity
, _I
5 10-7 96-7 2 4 5 ffica
I-Vi':,;nington Regional Gffi:-o
127 Cavc."inal Drive Ext-OfIs".L.':rl
WArrinat'-C.-, NIC' 'V,05`
''Nothing Compares. ----,
J
From: Jennifer Bargesser <jBs esser._�hc'.'-: - fir n.com>
Sent: Friday, January 25, 2019 9:43 AM
To: Lewis,Linda ',�nrj�ov>
Cc: Christopher K. Behm <cbe`�—+ '("cK' WVV r�.c gym?
Subject: [External] Neighborhoods of Holly Ridge Phases 1, 2 and 3
Importance: High
l xtei na3 email,. Oro not chck links or open attachments_uniesS ybu verify Send all suspicious erfiad as ani attachment to
— — - —
Ms. Lewis, please see the attached letter from Attorney Christopher Behm of today's date, the original of which has
been sent by first class mail.
Thank you.
Jennifer A Bargesser
Paralegal to Christopher K. Behm
Block, Crouch, Keeter, Behm & Sayed, LLP
310 North Front Street, Suite 200
Wilmington, NC 28401
Post Office Box 4
Wilmington, NC 28402
(910) 763-2727 phone
(910) 762-6429 fax
The information transmitted in this email is intended only for the person(s) or entity to which it is addressed and
may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of,
or taking of any action in reliance upon, this information by persons or entities other than the intended recipient
is prohibited. If you received this email in error, please contact the sender and permanently delete the email
from any computer.
Lewis,Linda
From: Lewis,Linda
Sent: Friday, January 25, 2019 1:18 PM
To: 'Jennifer Bargesser'
Cc: Christopher K. Behm; Scott, Georgette; Sams, Dan
Subject: RE: [External] Neighborhoods of Holly Ridge Phases 1, 2 and 3
Nir. Behm:
The next step in the process Js to send the Neighborhoods of Hole Ridge LUC:, R- C,1i Cook, Manager,
a letter express'ng DUALR's intent to initiate enforcement action Lin;ess the;: �r:.?viue a writ -
Le -response and a plan of action within 13 days of receiving the letter.
If that tails to produce a response or a res!_ait from Mr. Coo,=°:, then we vo!l .rite up the enforl-emen-
action, at which point, our Attorney Ge`te.rai's office will utnc�)me involved. I kvill be happy to provAc.
.:.our co-itact information to the assigned AG at fi^pat •i:inip.
''i"ou wil' probably get a bet'ter result if . °au reqiweat':o :meet the i►eifrniflee reg_irdincgi his
in action and unrespoinsiveness. We are doing all ihal we can to get hirr, tc rr ta-e Imo:. The last known.
con: rc°t ir.•f:�rma`ioi, 11have is Ryan Gook, k, ��ir wager, 1105 New ± -j'nze BciAev«� �.. uite C, Leland, NC
�3r1 and phone r,,umber 913-343-9/-
Thank yuu.
r.r�:•or�nental E;icnEer ?il
Division ill Enemy, Mi;iivmi anc. Land R,,asour--s
Capartrnz ni: of E 3viror mental 'C'XIlity
-04T'r -721 ti Office
W c �?J&°a :irodenr.G "
Wilmington Regional Office
12. Cardinal Drive Extension
Wiirrkioton, NC 2840�.
e
Emaii correspandE fce to anO ' ".;' r►�:. " . i',. .:
Noith Carolina Pubb,., ^ecc .
From: Jennifer Bargesser <JBargesser@bcklawfirm.com>
Sent: Friday, January 25, 2019 9:43 AM
To: Lewis,Linda <linda.lewis@ncdenr.gov>
Cc: Christopher K. Behm <cbehm@bcklawfirm.com>
Subject: [External] Neighborhoods of Holly Ridge Phases 1, 2 and 3
Importance: High
. 3;ternat email ao not click links or open attachments unless you verify. Send ail suspicious email as an attachment to
Ms. Lewis, please see the attached letter from Attorney Christopher Behm of today's date, the original of which has
been sent by first class mail.
Thank you.
Jennifer M. Bargesser
Paralegal to Christopher K. Behm
Block, Crouch, Keeter, Behm & Sayed, LLP
310 Forth Front Street, Suite 200
Wilmington, NC 28401
Post Office Box 4
Wilmington, NC 28402
(910) 763-2727 phone
(910) 762-6429 fax
The information transmitted in this email is intended only for the person(s) or entity to which it is addressed and
may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of,
or taking of any action in reliance upon, this information by persons or entities other than the intended recipient
is prohibited. If you received this email in error, please contact the sender and permanently delete the email
from any computer.
STATE OF NORTH CAROLINA
Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
(910) 796-7215
FILE ACCESS RECORD
DEQ SECTION: LR' I S W REVIEW MAE / DATE: /0-1 Z
NAME: 13yla��flKl" EMAIL; f h'f2 1ar987¢ hc�f"�na; I ,turn
REPRESENTING: NP.�0hb:4i/l =S of /lvllyR�� HC%�{ PHONE:
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:OOam 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.
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 CaT.neron.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 m-iipleted: farm anti a staff uneri ber will be in contact. with you. IF yo,a provide. your contact
informati®i'vvhere mdicated 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.
FACILITY NAME COUNTY
0s00/3 nr�' 1-h sue'
CA)
ill IQ�aI �UN
3. 5K L57c&4q ph I Z $ 3 O
4.
5.
Signature and Name of R usin Date Time In Time Out
COPIES MADE 1 ` d' PA11 �� INVOICE 2Z 03 `f
G:/ADM/Shared/File Review Access Form rev 2018
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
April 27, 2018
CERTIFIED MAIL #7013 2630 0002 0760 7561
RETURN RECEIPT REQUESTED
Neighborhoods of Holly Ridge, LLC
Attn: Ryan Cook, Manager
1105 New Pointe Blvd., Suite 6
Leland, NC 28451-4130
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Subject: NOTICE OF VIOLATION
Neighborhoods of Holly Ridge Phases 1, 2 and 3
Stormwater Permit No. SW8 050213 (Phase 1) NOV-2018-PC-0138
Stormwater Permit No. SWS 050842 (Phase 2) NOV-2018-PC-0140
Stormwater Permit No. SWS 070649 (Phase 3) NOV-2018-PC-0139
Onslow County
Dear Mr. Cook:
On July 13, 2017, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources (DEMLR) performed a Compliance Inspection of the subject projects, located off NC 50 at
Azalea Drive outside of Holly Ridge, in Onslow County, North Carolina. The compliance inspection
reports were sent to Neighborhoods of Holly Ridge, LLC under one cover letter dated October 20, 2017,
and required a response by December 20, 2017. To date, the Division has received no response to the
inspection reports and complaints about the system continue to be called in by the residents.
The projects listed above have been found in violation of their respective Stormwater Management
Permits, issued pursuant to the requirements of the Stormwater rules, I SA NCAC 2H.1000 and in
accordance with NCGS 143-214.7.
The violations found for Permit No. SW8 050213 (Phase 1), issued on March 3, 2005, are:
Failure to Operate and Maintain the Stormwater System. Per Schedule of Compliance
Condition II.10 of the Permit, the Permittee shall provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency:
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 within 5 days.
Basin #4 appears to be holding water.
2. Failure to Certify the Stormwater stem. 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 #57 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.
Sw' o.' N,;n.h Carolina Lnmjy. A9inur:::.;nd Lan, Res.xxc. :
kA.:x'ni Re ::rr:.' G.. r c 12Y Ca :,1m,' M i, F, t%mhn �' r:m.nnPor, NC i4';ki
910796 r215
State Stormwater Permit No. SW8 050213
State Stormwater Permit No. SW8 050842
State Stormwater Permit No. SW8 070649
Page 2of3
3. Failure to Verzb Built -Upon 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 the lots conveyed during that 13 month period have not exceeded 2800 sf.
The violations found for Permit No. SW8 050842 (Phase 2), issued on May 26, 2006, are:
Failure to Operate and Maintain the Stormwater System. Per Schedule of Compliance
Condition 1I.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. In order for the stormwater
system to treat runoff, 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.
Failure to Certify 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.
The violations found for Permit No. SW8 070649 (Phase 3) issued on February 8, 2008, are:
1. Failure to Submit for a Permit Modification. Per Schedule of Compliance Condition II.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 System. Per Schedule of Compliance
Condition 1I.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. In order for the stormwater
system to treat runoff, 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.
Failure to Certify the Stormwater stem. 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.
,.Miner: in- L:�nuR e:nn,:ca
?tirrrr.ngtor:Reyi;•-+'.Gi7x:e . 1£, f?.;
1110 796 f.'15
State Stormwater Permit No. SW8 050213
State Stormwater Permit No. SW8 050842
State Stormwater Permit No. SW8 070649
Pap-e 3 of 3
To correct these violations, you must provide/perform the following:
1. Once the compliance issues have been addressed, submit a permit transfer application, $505.00
fee and associated documentation for each of the listed permits to initiate the transfer process.
All 'of the permits remain in the name of The Neighborhoods of Holly Ridge, LLC and need to
be transferred to the Association.
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 the built -upon area in Phase 1.
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 Phase 2 and Phase 3.
6. Modify the -permit and approved plans for Phase 3 to account for the street and lot layout
changes.
Please be reminded that per NCAC 02H.1045 (3), you are required to submit a permit renewal application
and fee no sooner than 180 days prior to the expiration date of the permit. Please note the following
schedule for submitting the renewal applications for the subject permits:
Permit Number
IL Issue Date
11 Expiration Date
j Renewal Due Date
SW8 050213
11 March 3, 2006
March 3, 2019
1'---September 3, 2018
SW8 050842
May 20, 2006
1 May 20, 2020
1, November 20, 2019
SW8 070649
February 8, 2008
1 December 31, 2021
1 June 30 2021
Please provide a "Plan of Action" by May 28, 2018 to DEMLR that states how and when these violations
will be corrected. If we do not receive your plan of action by this date, the Division will initiate an
enforcement action which may include recommendations for the assessment of civil penalties, pursuant to
NCGS 143-215.6A.
By copy of this letter to the Onslow County Building Inspector, this office is requesting that the Building
Inspector consider withholding all building permits and Certificates of Occupancy for this project until
this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis in the Wilmington Regional
Office at (910)-796-7215.
Sincerely,
Y.,-, William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral, and Land Resources
GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD\2018 04 NOV 050213
G:\\\Stormwater\Pennits & Projects\2005\050842 HD\2018 04 NOV 050842
G:\\\Stormwater\Pennits & Projects\2007\070649 HD\2018 04 NOV 070649
cc: Luke Menius, P.E., Stroud Engineering (102D Cinema Dr. Wil NC 28403)
Harrison Freedland, HOA Attorney, Craig & Fox PLLC (701 Market St. Wil NC 28401)
Kyle Priestly, Managing Agent, The Neighborhoods of Holly Ridge Owners Association
(Priestly Management Company, 2018 Eastwood Road Wil NC 28403)
Kelly Collins, VP of HOA (437 Belvedere Drive, Holly Ridge NC 28445)
Onslow County Building Inspections
Annette Lucas, PE; DEMLR
Wilmington Regional Office Stormwater File
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■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the maifpiece,
or on the front if space permits.
1. Article Addressed to:
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LIMITED LIABILITY COMPANY ANNUAL REPORT
iaav�
NAME OF LIMITED LIABILITY COMPANY: Neighborhoods of Holly Ridge, LLC
SECRETARY OF STATE ID NUMBER: 0716245 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: gni R
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Cook. R
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
1105 New Pointe Blvd Ste 6
Leland, NC 28451-4130 Brunswick Cou
SECTION B: PRINCIPAL OFFICE INFORMATION
Filing Office Use Only
E - Filed Annual Report
0716245
CA201809205251
4!2l2018 02:00
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
1105 New Pointe Blvd Ste 6
Leland, NC 28451-4130
1. DESCRIPTION OF NATURE OF BUSINESS: Cottage Building Company
2. PRINCIPAL OFFICE PHONE NUMBER: (910) 343-9203 x 3. PRINCIPAL OFFICE EMAIL: privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
1105 New Pointe Blvd Ste 6 1105 New Pointe Blvd Ste 6
Leland, NC 28451-4130 Brunswick County Leland, NC 28451-4130
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Scott Cook Construction Company NAME: Ryan Cook
TITLE: Managing Member TITLE: Managing Member
ADDRESS:
ADDRESS:
1105 New Pointe Blvd. Ste 6 1105 New Pointe Blvd. Ste 6
Leland, NC 28451
Leland, NC 28451
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
n Cook
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
4/2/2018
DATE
Ryan Cook Managing Member
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 2p525, Raleigh, NC 27626-0525
Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, October 24, 2017 8:57 AM
To: 'Kelly Collins'
Subject: Neighborhoods of Holly Ridge Phases 1, 2 and 3
Attachments: 2017 10 CEI_deficient 050842.docx; 2017 10 CEI_BIMS 050213.pdf; 2017 10 CEI_BIMS
050842.pdf, 2017 10 CEI_BIMS 070649.pdf
Ms. Podlisny:
Attached please find the recently issued letter and Inspection Reports for the subject projects. Please
be assured that the Division will not transfer the permit to the Association until the identified
deficiencies are resolved and the project is determined to be in compliance.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
'Nothing Cwmpares
Email correspondence lr, and from Mis address is subject ro the
North Carolina Poblic Recr rc s Law and may be. discfosed to third parties.
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 fmdings 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 050213 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 457 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 44 appears to be holding water.
4. The permit has not been transferred to the HOA.
Srate � Nor.; t Carotin. 1 EnOronm= ntal Q•a-d::y ' Energy. tvtincla' and Lund
Wi'nilngwn Reg'..)na: Oi Lcr . lZr CF.. &n:' D: ive Extcnsi -a V.�:r.;ngtar,, NC :'o W17
910 96 7 -215
State Stormwater 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 May 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://deq.ne.gov/about/divisions/energy-mineral-land-
resources/energy-mirtera I-land-rules/stormwa.ter-pro Crain/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.
5tc.t'c of North Carolim EnOronmt ntal Quality Energy, hliiuia: zinc: Lz!nu Rcsourccs
kWinington Rey:on:: Of ict 127 Cardinal CDr:vc Eetcnsion ' Wniingt rr., Niz 28 i05
910'196'r2l .
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.1ewisiaincdenr.90v.
Sincerely,
Linda Lewis, E.I.
Enviromnental Engineer III
Enc: Compliance Inspection Report for each Phase
GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD \2017 10 CEI_deficient 050213
G:\\\Stonnwater\Permits & Projects\2005\050842 HD \2017 10 CEI deficient 050842
&%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: kellypodlisnyCgniail.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 5tormwater Permit File SW8 050842
WiRC) Stormy-vatcr Permit File SW8 070649
Stae of Nori i i C; wo6na . Envirormc , mal QLUUty Energy. ASnan:'. rn' L. nc ReSOUIY(
Regi0na'0fi1cr . 127Cardinal DrivcExtens:)n ; NAnington.NC 25405
910'0-6'vl" .5
Compliance Inspection Report
Permit: SW8070649 Effective:02/O8/08 Expiration: 12/31/21
Project: The Neighborhoods of Holly Ridge Phase 3
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 intersection of NC17 and NC50 in Holly Ridge, take NC50 1.4 miles South Project 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)
On -Site Representative(s):
Related Permits:
SW8050842 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holly Ridge Phase II
SkV8050213 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
Secondary Inspector(s):
Holley A Snider
Reason for inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
lvotl- 20/ ,f- KZ1,17
Phone: 910-796-7215
Inspection Type: Compliance Evaluation
page: 1
Permit: SVV8070649 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 a complaint from the Neighborhoods of Holly Ridge Homeowners Association vice president, Kelly
Collins on July 8, 2017 and inspected the project on July 13, 2017. The following compliance issues were noted during
the inspection:
1. The required designers certification has not been submitted
2. The Sections 7, 8, 9 and 10 have undergone a street and lot layout change that was not approved by the Division prior
to construction. The permittee must submit revised plans to reflect the changes and must verify that the BUA within each
drainage area has not increased beyond the current permitted maximum for that drainage area. The permit will need to
be modified to reflect any increases or decreases in BUA.
3. The pumps that'pump runoff from the storage basins up to the infiltration basins were not operating at the time of the
inspection. The piped and vegetated runoff collection system, the storage basins, pumps, bypasses, infiltration areas
and vegetated filters must all be constructed, operated and maintained at design condition.
4. A permit number error has been recorded with the original declaration for this Phase and has been repeated on all the
subsequent amendments. This recording error needs to be corrected.
5. The maximum BUA limit for the lots in Phase 3 is 4200 sf. Prior to transferring the permit to the HOA, the permittee
must provide documentation that no lot has exceeded this maximum amount.
page: 2
Permit: SW8070649 Owner- Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 07/1312017 Inspection Type Compliance Evaluation Reason for Visit: Complaint
File Review Yes No NA NE
Is the permit active? ® ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file'' ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? a ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑
Comment: 1. The required designer certification has not been submitted.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 9 ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? a ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ® ❑ ❑ ❑
Comment: 2. The maximum BUA limit is 4200 sf per lot Prior to transfer of the permit to the HOA. the Dermittee
must document that no lot has exceeded the maximum BUA limit.
SW Measures Yes No NA NE
Are the SVV measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? Ei ❑ ❑ ❑
Comment:
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
❑ ■❑❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: 3. The pumps in Storage Basins B and D were not operating. The associated infiltration basins i1 and
Q were completely dry and it did not appear that they had seen any pumped runoff in quite some time.
The status of the pumps in Storage Basins A and C needs to be checked. All pumps must be
maintained to operate at design condition.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ ■❑❑
page: 3
Permit: SW8070649- Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 07/13/2017 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Comment: 4 There has been a 12VOUt change for the streets and lots associated with Phase 3 Sections 7, S. 9
and 10. This change in the layout was not submitted to the Division for approval prior to construction,
as required per Schedule of Compliance Condition II 4 of the permit Please submit revised plans to
reflect the new layout and verify that the BUA associated with these changes has not increased the
BUA the number of lots or the amount of runoff volume treated in the Storage basins. A permit
modification will be needed if the number of lots changes or if the BUA amount changes.
5 The recorded deed restrictions for this phase of the project contains a permit number recording error
that has been repeated continually with all the subsequent amendments. The permit number referenced
in the recorded documents is SW8 07064". when it should be SW8 070649. Somehow a quote mark
replaced the number 9 and it has not been corrected.
page: 4
CRAIGE &FOXMa
rM
ATTORNEYS & COUNSELORS AT LAW n
701 Market Street / Wilmington, North Carolina 28401
Telephone: (910) 815-0085 / Facsimile: (910) 815-1095 / www.craigeandfox.com
LAWRENCE S. CRAIGE"
CHARLOTTE NOEL FOX
*Board Certified Specialist in Elder Law
*Certified Elder Law Attorney by ABA Accredited National Elder Law Foundation
September 12, 2017
Via Certified and First -Class Mail
NCDEQ Wilmington Regional Office
Attn: Linda Lewis
127 Cardinal Drive Ext.
Wilmington, NC 28405
ASHLEY MICHAEL
JENNIFER M. RODEN
HARRISON B. FREEDLAND
9 ECIVE
SEP 14 2017
BY:
RE. The Neighborhoods of Holly Ridge Owners Association; State Stormwater
Management Systems Permit Numbers SW8-050213, SW8-050842, and SW8-070649
Dear Linda,
I hope this letter finds you doing well.
I represent the Neighborhoods of Holly Ridge Owners Association (the "Association").
The purpose of this letter is to request NCDEQ to (1) enforce the requirements for
Neighborhoods of Holly Ridge, LLC (the "Permit Holder") to inspect and maintain the
stormwater system in accordance with State Stormwater Management Systems Permit Numbers
SW8-050213, SW8-050842, and SW8-070649 (the "Permits"); and (2) take into consideration
the inspection report of the Association's engineer prior to approving the transfer of the Permits
to the Association. A more detailed explanation follows.
Pursuant to the email from Kelly Collins to you on July 8, 2017, the Permit Holder has
failed to inspect and maintain the stormwater sysem as required by the Permits. Specifically, the
Permit Holder has failed to inspect and repair the eroded areas, reapply mulch or re -mulch void
areas, mow and revegetate basin areas, repair the pumps, maintain and restore the side slopes of
basin areas, and remove debris from structures, orifices, catch basins, and piping. Some of these
violations, such as the need to maintain and restore the slopes of Pump Basin B and verify the
functioning of the pump system for Pump Basin B, have been in place since October 16, 2014,
when NCDEQ (then NCDELR) sent its "Notice of Inspection — Non Compliant ..." letters to the
Permit Holder.
Based on those October 16, 2014 letters, the Permit Holder's failure to remedy the
violations could subject it to civil penalties of up to Twenty Five Thousand dollars ($25,000.00)
PRACTICE AREAS
Business Law / Civil Litigation / Elder Law / Estate Administration
Estate Planning / Family Law / Juvenile Law / Legal Guardianship
Municipal Law / Real Property Law
per day per violation. It is the Association's understanding that, as of the date of this letter, all
the Permits are in noncompliant status, and that NCDEQ has not imposed any civil penalties
against the Permit Holder for the numerous violations.
The Association respectfully requests that NCDEQ require the Permit Holder to promptly
and consistently perform the necessary inspections, maintenance, and repairs to the stormwater
system in accordance with the Permits. If the Permit Holder fails to fully comply with the
requirements of the Permits, the Association requests NCDEQ take enforcement action against
the Permit Holder pursuant to N.C.G.S. § 143-214.7.
Due to the Permit Holder's continuous violations of the Permits, the Association is
concerned the Permit Holder will fail to bring the stormwater system into substantial compliance
per N.C.G.S. § 143-214.7(c2) before transferring the Permits to the Association. If NCDEQ
allows this to happen, the Association would have no choice but to enact a special assessment to
cover the costs of bringing the stormwater system into compliance with the Permits. To help
avoid this financial burden befalling its residents, the Association respectfully requests that, prior
to authorizing the transfer of the Permits, NCDEQ consider the report of the Association's
engineer in determining whether the stormwater system is in substantial compliance with the
Permits.
The Association is primarily concerned with protecting the welfare of its residents, and
not with punishing the Permit Holder. Nonetheless, after years of the Permit Holder failing to
inspect, maintain, and repair the stormwater system, it appears that NCDEQ enforcement action
is the only way to motivate the Permit Holder to comply with the requirements of the Permits.
Please contact me by September 22, 2017 to confirm (1) the actions NCDEQ will take to
enforce the Permit Holder's compliance with the Permits; and (2) NCDEQ's willingness to
review the Association's engineering report prior to transfer of the Permits.
Please do not hesitate to contact me with any questions. Your prompt attention to this
matter is greatly appreciated. Thank you.
Sincerely,
CRAIGE & FOX, PLLC
By:
Harrison B. Freedland
Cc: The Neighborhoods of Holly Ridge Owners Association
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Lewis,Linda
From: Lewis,Linda
Sent: Friday, July 14, 2017 10:08 AM
To: 'Kelly Collins'; Scott, Georgette; Sams, Dan; Snider, Holley
Cc: Len Kuhn; Judy Ferrier
Subject: RE: Neighborhoods of Holly Ridge Storm Water System
Mr./Ms. Collins:
Thank you for contacting the Division regarding the situation at The Neighborhoods of Holly Ridge.
Mr. Cook changed his mailing address and neglected to inform us, but we were able to locate him at
a new address in Leland.
The project was inspected by both Sediment program staff and Stormwater program staff on
Thursday July 13: 2017 and vve w0l be contacting Mr. Cook regarding the on -going compliance issues
that we. observed.
We did not have the equipment to determine if any pipes were blocked, but your allegation of blocked
pipes under Belvedere Drive will be included in the inspection report. If the streets are maintained by
the N.CDOT, you should contact the local GOT maintenance office to let them I:now about the
pottendal blockage. If thre pipe is within theii right-of-way, they may be able to remove the blockage.
Any activities undertaken by the residents that have resulted in the deposition of sediment into the
large drainage ditch in Phase 2 should be resolved and addressed by those residents and/or by the
HOA. The sediment should be removed, and the slopes of the ditch should be stabilized with
vegetation.
We observed that none of the 4 stormwater pumps in Phase 3 appeared to be operating at the time of
the inspection. Both of the approved infiltration areas in Phase 3 appeared to be completely dry
despite a couple inches of rainfall on Monday, July 11, 2017 in the Holiy Midge area of Onslow
County.
The infiltration area for Phase 2 was observed to have some vegetation and standing water, however,
1' the vegetation is not out of control, and the standing water has 5 days to completely infiltrate. If it
does not rain today or Saturday, this runoff should be completely drawn down by the end of the day
on Saturday. If it does not, please advise.
Please be advised that the stormwater system is only required to handle a 1" rainfall event. The
system is not required to handle heavy or sustained rain events that exceed this amount. While
flooding is not a violation of the stormwater permit, routine maintenance of the stormwater collection
and treatment systems and the pumps, as required by the ;permit, may help alleviate some flooding.
We will be advising Mr. Cook that the stormwater permits for this subdivision still remain in the name
of Neighborhoods of Holly Ridge, LLC, and that upon the restoration of the site to a compliant
condition and upon meeting the requirements of SL 2011-256, the Division will accept a request to
transfer the permit to The Neighborhoods of Holly Ridge Owners Association, Inc. Both of these
entities are currently listed as "Active' with the NCSOS.
Linda
From: Kelly Collins [mailto:kellypodlisny@gmail.com]
Sent: Saturday, July 08, 2017 9:11 AM
To: Hall, Christine <Christine.HaII@ncdenr.gov>; Johnson, Kelly <kelly.pJohnson@ncdenr.gov>; Lewis,Linda
<linda.lewis@ncdenr.gov>; Pusey, Steven <steven.pusey@ncdenr.gov>; Scott, Georgette
<georgette.scott@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Gregson, Jim <jim.gregson@ncdenr.gov>; King,
Morella s <morella.sanchez-king@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>
Cc: Len Kuhn <lenkuhn56@gmail.com>; Judy Ferrier <jferrier@centurylink.net>
Subject: Neighborhoods of Holly Ridge Storm Water System
To whom it may concern -
On or around October 1, 2014, the storm water system for the Neighborhoods of Holly Ridge were inspected for
compliance with various permits issued to the developer, Scott Cook (Neighborhoods of Holly Ridge, LLC.).
Several areas of non-compliance were noted in the report and Mr. Cook was notified of the findings on or
around October, 16 2014.
On or around November 12, 2014 the managing agent for the Neighborhoods of Holly Ridge Homeowners
Association, Kyle Priestley, reached out to Ms. Linda Lewis regarding the maintenance of the Storm water
system. The HOA was informed that:
"This permit is still currently in the developers name and has not been transferred to the HOA, so the permittee
is responsible for dealing with these maintenance issues. Once everything is in compliance, then we can look at
accepting the paperwork to transfer the permit to the HOA under the requirements of SL 2411-256."
Since that time, the permit holder has failed to maintain various components of the storm water system
including, but not limited to, the pumps, swales, infiltration basins, retention ponds, and catch basins. This lack
of maintenance has led to several issues in the neighborhood, but the issue of greatest and most pressing
concern is the drainage swale that runs southwest between the 200 block of Belvedere drive and the 300 blocks
of Rose Bud Ln that joins the 200 block of Red Carnation Dr:
Lewis,Linda
From: Kelly Collins <kellypodlisny@gmail.com>
Sent: Saturday, July 08, 2017 9:11 AM
To: Hall, Christine; Johnson, Kelly, Lewis,Linda; Pusey, Steven; Scott, Georgette; Cox, Heidi;
Gregson, Jim; King, Morella s; Coburn, Chad
Cc: Len Kuhn; Judy Ferrier
Subject: Neighborhoods of Holly Ridge Storm Water System
To whom it may concern -
On or around October 1, 2014, the storm water system for the Neighborhoods of Holly Ridge were inspected for
compliance with various permits issued to the developer, Scott Cook (Neighborhoods of Holly Ridge, LLC.).
Several areas of non-compliance were noted in the report and Mr. Cook was notified of the findings on or
around October, 16 2014.
On or around November 12, 2014 the managing agent for the Neighborhoods of Holly Ridge Homeowners
Association, Kyle Priestley, reached out to Ms. Linda Lewis regarding the maintenance of the storm water
system. The HOA was informed that:
"This permit is still currently in the developers name and has not been transferred to the HOA, so the permittee
is responsible for dealing with these maintenance issues. Once everything is in compliance, then we can look at
accepting the paperwork to transfer the permit to the HOA under the requirements of SL 2011-256."
Since that time, the permit holder has failed to maintain various components of the storm water system
including, but not limited to, the pumps, swales, infiltration basins, retention ponds, and catch basins. This lack
of maintenance has led to several issues in the neighborhood, but the issue of greatest and most pressing
concern is the drainage swale that runs southwest between the 200 block of Belvedere drive and the 300 blocks
of Rose Bud Ln that joins the 200 block of Red Carnation Dr:
Sediment and vegetation have filled the drainage area. There are two pipes that carry water under Belvedere Dr
that are clogged with sediment and vegetation the pipe on the southwest side is blocked so that water cannot
pass and sediment is already collecting in the collar of the pipe on the northeast side. During periods of heavy or
sustained rain, this blockage is causing water to back up and pool on the northwest side of Belvedere Dr and the
bank of the drainage area is now collapsing:
The impediment to drainage is also causing water to backup along the entire length of the swale and, in the most
extreme periods of rain, the back yards in the 300 block of Rose Bud Ln. are flooding:
3
In reaction to the flooding, residents have improperly (and without permits or permission) re -graded the berm
on either side of the swale and planted large trees in the swale area. By scalping the southwest bank to build up
the northeast bank, they have caused increased erosion of sediment into the waterway:
The northern infiltration basin adjacent to this waterway is filled with vegetation that prevents drainage. There
is standing water in the basin and numerous trees growing on the sides and dam for this area. We have sent
multiple requests to Mr. Cook to remedy these issues with no response. We are asking that, at minimum, this
area is re -inspected and would like to see action taken to correct and repair this drainage area.
I appreciate your time and prompt response to address these issues,
Kelly Collins, Vice -President
Neighborhoods of Holly Ridge Homeowners Association
c: 678-467-9983
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Lewis,Linda
From: Luke Menius <Imenius@stroudengineer.com>
Sent: Wednesday, November 25, 2015 12:32 PM
To: Lewis,Linda
Subject: RE: Neighborhoods of Holly Ridge
Attachments: 5228015110919060.pdf, SL-2015-149.pdf
Linda,
In response to your October 30th 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-D Cinema Drive
Wilmington, NC 28403
(910) 815-0775 east 225
Imenius@stroudengineer.com
From: Lewis,Linda [mailto:linda.lewis@ncdenr.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[mailto:lmenius@)stroudengineer.com]
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@stroudengineer.com
From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov]
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 11 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:
1. 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.
Email correspondence to and irom this sender is suk-lect to the N.C. Public Records Law and may be disc!ossd to third part!es.
Lewis,Linda
From: Luke Menius <Imenius@stroudengineer.com>
Sent: Tuesday, June 02, 2015 4:45 PM
To: Lewis,Linda
Cc: Scott, Georgette; 'Scott Cook'
Subject: RE: Neighborhoods of Holly Ridge
Attachments: phl response.pdf
Per our discussion, I have attached my letter which seeks to address the boat storage area in phase 1. The definition I
refer to is:
15A NCAC 02H .1002 DEFINITIONS The definition of any word or phrase in this Section shall be the same as given in
Article 21, Chapter 143 of the General Statutes of North Carolina, as amended. Other words and phrases used in this
Section are defined as follows:
(1) "Built -upon Area" means impervious surface and partially impervious surface to the extent that the partially
impervious surface does not allow water to infiltrate through the surface and into the subsoil. "Built -upon area" does
not include a slatted deck or the water area of a swimming pool.
Based on this definition, only those partially impervious surfaces which do not allow water to infiltrate through the
surface and into the subsoil could be classified as Built -upon area. Field observation has confirmed that water readily
infiltrates through the aggregate in question.
You brought up the option of utilizing the void space in the aggregate as a means to store and infiltrate the water. This
is what is occurring in practice. However I suspect that the underlying soils would not qualify for an infiltration BMP, I
would suggest that the overlaying aggregate does not worsen this condition. To the contrary, aggregate acts to detain
water and dissipate energy when placed over a less permeable surface. This concept is no different than the action of
dense stand grass on a compacted berm.
What I am saying is that my opinion, based on my observations, is that this parking area meets the letter and intent of
the definition. If the aggregate were removed, there would be more ponding and runoff than what is occurring now
because the aggregate is the less restrictive of the upper two layers.
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 [mailto:linda.lewis@ncdenr.gov]
Sent: Thursday, May 28, 2015 5:35 PM
To: Luke Menius
Cc: Scott, Georgette
Subject: Neighborhoods of Holly Ridge
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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:
1. 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.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
4141RA,
....,r
NCDIWR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
Update on Gravel Legislation and Rulemaking
11112015
Senate Bill 734 was signed into law on September 18, 2014 and is now Session Law 2014-120.
Section 45 pertains to gravel. In brief, the session law amended the definition of "built -upon area"
in NCGS 143-214.7 such that "gravel" was no longer exempted from being considered "built -upon
area." The bill also prohibited the Environmental Management Commission (EMC) from defining
the term "gravel" in the context of its stormwater programs. Subsequent to the passage of this
legislation, the EMC adopted permanent changes to Rule 15A NCAC 2H .1002 (Definitions),
incorporating the revisions required by SL 2014-120.
The definition of "built -upon area" that state stormwater programs are now operating under is:
"Built -upon area" means impervious surface and partially impervious surface to the extent that
the partially impervious surface does not allow water to infiltrate through the surface and into
the subsoil. `Built -upon area" does not include a slatted deck or the water area of a swimming
pool.
Here's a review of gravel's journey through law and rule in NC:
• August 23, 2013 -- SL 2013-413 amended NCGS
143-214.7 (stormwater programs), removing "gravel"
from the definition of "built -upon area." DENR
began implementing the definition of "built -upon
area" as revised by SL 2013-413.
• March 28, 2014 -- In response to SL 2013-413, the
EMC passed a temporary amendment to Rule 15A
NCAC 2H .1002 (stormwater definitions), defining
the term "gravel." DENR began implementing the
definition of "gravel" as written in the temporary rule.
The definition of "built -upon area" in
NCGS 143-214.7 applies to all the
state's stormwater programs, including:
0 Water Supply Watershed;
0 NPDES Phase 2 Stormwater;
0 Coastal Stormwater; and
0 USMP.
• September 18, 2014 -- SL 2014-120 amended NCGS 143-214.7 such that gravel was no
longer exempted from being considered "built -upon area." DENR began implementing the
definition of "built -upon area" as revised by SL 2014-120 and stopped implementing the
definition of "gravel."
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htto://aortal.ncdenr.oralweb/I
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
• January 1, 2015 — The EMC's permanent rule 15A NCAC 2H .1002 was adopted to
replace the temporary rule. It incorporates the revisions required by SL 2014-120. Refer to
15A NCAC 2H .1002 for the current definition of "built -upon area."
• Local governments who have delegated stormwater programs such as Phase 2IWater Supply
do not need to take any action as a result of these legislative actions or rulemakings unless
your ordinance currently exempts gravel from built -upon area.
• Note that this statute and associated rule (15A NCAC 2H .1002) apply only to stormwater
programs. They do not affect laws and rules relating to forestry or agriculture operations or
sediment and erosion control programs.
If you have questions, please contact Julie Ventaloro at (919) 807-6370 or
julie.ventaloro @ncdenr.gov.
Lewis,Linda
From:
Lewis,Linda
Sent:
Thursday, May 28, 2015 5:35 PM
To:
Luke Menius
Cc:
Scott, Georgette
Subject:
Neighborhoods of Holly Ridge
Attachments:
SSW PERMIT_UPDATE FORM.pdf
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:
1. 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.
Plea°.ie 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.
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
(910) 815-0775
April 1, 2015
NCDENR
127 Cardinal Drive
Wilmington, North Carolina 28405
Attn: Linda Lewis
Re: The Neighborhoods of Holly Ridge, Phase 3
SW8 070649
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 maintenance and operation of storage and infiltration basins in phase 3.
Of primary concern is the ability of infiltration basin #2 to receive flow from storage basins C and D. The
infiltration basin in question appears to have been maintained impeccably. I did not observe the deposition of
sediment that I expected to find and, therefore, I do not think that excavating the top layer of the basin will yield
much improvement. I have reviewed the pump calculations and found that water is being pumped from storage basin
C at a rate exceeding 100 GPM. The rate necessary to dewater basin C in 5 days is 54 GPM. I believe that reducing
the pump rate accordingly will result in the basin infiltrating the design storm without overtopping the berm. I have
coordinated a pump test with the permittee and will report on these findings. The intent is to conduct this test while
the contractor is onsite making other repairs.
The regrading and vegetating of basin side slopes will commence once soil temperatures are more favorable
for permanent seeding.
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
fy' . 'rE
APR 01 NIS
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 CAROLINA 28403
(910) 815-0775
December 17, 2014
NCDENR
127 Cardinal Drive
Wilmington, North Carolina 28405
Attn: Linda Lewis
Re: The Neighborhoods of Holly Ridge, Phase 3
SW8 070649
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 1011612014. 1 have reviewed your field report and met with the
permittee to further discuss the situation.
1. ,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. 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 1',
2015.
2. Submit a copy of the recorded deed restrictions. It is my understanding that the necessary restrictions
are on record with the ODSIOw County Registrar of Deeds. I will recover these and include them in the proposed
April I'`, 2015 submittal.
3. Repair and properly maintain the slopes ofPzrmp Basin B. This area will be evaluated during the
aforementioned field inspection and more specific plan of action will be formulated to address this or any other
necessary BMP repairs. If applicable, repairs requiring heavy machinery will coincide with repairs to other phases
of the project —likely during the summer of 2015. The permittee has been advised that the installation of temporary
measures such as silt fence or straw matting would be prudent during the interim.
4. Verb proper f rnctioning of Pump Basin A This pump system will be evaluated during the
aforementioned field inspection. If necessary, a more specific plan of action will be formulated to address BMP
repairs. If applicable, repairs requiring heavy machinery will coincide with repairs to other phases of the project —
likely during the summer of 2015. Necessary repairs that are typical of routine pump maintenance will be addressed
prior to the issuance of my certification.
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 free 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 MOV
Uv
Permit: SW8070649 Effective:02/08/08 Expiration: 12/31/21
Project: The Neighborhoods of Holly Ridge Phase 3
Owner: Neighborhoods of Holly Ridge LLC
County: Onslow Adress: NC Hwy 50
Region: Wilmington
City/StatelZip: Holly Ridge NC 28445
Contact Person: Scott Cook Title: Phone: 910-343-9203
Directions to Project:
From intersection of NC17 and NC50 in Holly Ridge, take NC50 1.4 miles South. Project 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)
On -Site Representative(s):
Related Permits:
SW8050842 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holly Ridge Phase II
SW8050213 Neighborhoods of Holly Ridge LLC - Neighborhoods of Holly Ridge
Inspection Date: 11/1?/2014 Entry Time: 09:20AM Exit Time: 11:51AM
Primary Inspector: Karl J Hammers Phone:
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
0 State Stormwater
(See attachment summary)
4,1,15
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page: 1
Permit: SW8070649 Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 11/13/2014 Inspection Type Compliance Evaluation Reason for visit: Complaint
Inspection Summary:
1. Please submit the Designer's Certification for the system
2. Please submit a copy of the recorded deed restrictions for this Phase.
3. Please Verify that all the pipes required on the plans have been properly installed.
4. Please provide vegetation in the infiltration basins.
5. Please establish vegetation on all pump basin slopes and berms.
6. Please verify that the pumps are working according to the plans on all the Pump Basins and make any
needed repairs to the pumps to ensure they are working according to the plans.
7. Please install the vegetative filters on all the Pump Basins.
Pump Basin C:
8. Please investigate the source of erosion near the outlet and provide repairs adequate to prevent any
further erosion.
9. Please repair the eroded bank near the outlet.
10. Please repair the erosion under the rip rap at the pond outlet.
11. Please install adequate stabilization such as fabric under the rip rap at the pond outlet to prevent further erosion
Pump Basin D:
12. Please investigate the source of the large hole in the slope near the end of the rip rap swale at 13. the outlet to the
basin and repair the erosion.
14. Please install adequate measures to prevent future erosion in the slope near the end of the rip rap swale.
page: 2
Permit: SW8070649 Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 11/12/2014 Inspection Type Compliance Evaluation Reason for Visit: Complaint
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? N ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ 0 ❑ ❑
Comment: 1. The required Designer's Certification has not been submitted. The site is still under construction, but
the basins are installed and could be certified.
2. A copy of the recorded deed restrictions has not been submitted. There are many homes already
occupied in Phase III.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑
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? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment: Some of the pipes do not appear to be installed in the basins as shown on the plans.
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 ❑ ❑ ❑
DWQ upon request?
page: 3
Permit: SW8070649 Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 11113/2014 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Comment: Residents report that water backs up into the street and yards during heavy rain events and they have
observed sediment in the stormwater drains.
The infiltration basins are not vegetated.
Pump Basin B:
1. The slopes do not have adequate groundcover.
2. The vegetative filter is not installed.
Pump Basin C:
1. The controls for the pump appear to have been removed.
2 The forcemain going under the wetlands near the outlet may have a leak and may be causing erosion
the slope near the wetlands.
3. There is no vegetative filter. .
4. Erosion under the rip rap at the pond outlet was observed.
5. There did not appear to be any fabric installed under the rip rap at the pond outlet.
6. The pipe from the pond to the outlet does not appear to be installed.
Pump Basin D:
1. The vegetative filter was not installed.
2. A large hole was observed in the side of the slope near the end of the rip rap swale at the outlet to the
basin.
3. The berms are not completely vegetated.
Some or all of the pumps may not be functional.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? M ❑ ❑ ❑
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? 0 ❑ ❑ ❑
Comment:
page: 4
STROUD ENGINEERING, P.A.
102-D Cinema Drive
Wilmington, NC 28403
LLIEV LJ IEn W
I�
(910) 815-0775
TO
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
DATE f7
JOB NO. /�/��/ , ^ � Y
0/
ATTENTI
RE:
the following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
1
4 f �
►^ a� s
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
APR 01 20'5
❑ Resubmit copies for appr al
❑ Submit RY _—sopi or istribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
ff enclosures are not as noted, kindly nofify us at once.
S7 AOUD ENGINEERING, P.A.
102-D Cinema Drive
Wilmington, NC 28403
IMUTMQ @[F R ° M u1�1 UUV
(910) 815.0775
TO f7Z--!'V
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
DATEi
JOB NO_
ATTENTION/
❑ Samples
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
i
!
Zee i�I i� o • t �' e c✓
THESE f_ 22 E cr'
t copies for approval
copies for distribution
corrected prints
`URNED AFTER LOAN TO US
REMARK
moo
J S 16_-
COPY TO
DEC 17 2014
If e _ _ _ _ - #.ra ms pored, Kindly notify us at once.
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
(910) 815-0775
December 17, 2014
NCDENRr�EGEIVE
127 Cardinal Drive
Wilmington, North Carolina 28405 y DEC 18 2014
Attn: Linda Lewis
Re: The Neighborhoods of Holly Ridge, Phase 3 BY:
SW8 070649
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.
1. 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. 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 I't,
2015.
2. Submit a copy of the recorded deed restrictions. It is my understanding that the necessary restrictions
are on record with the Onslow County Registrar of Deeds. I will recover these and include them in the proposed
April I't, 2015 submittal.
3. Repair and properly maintain the slopes of Pump Basin B. This area will be evaluated during the
aforementioned field inspection and more specific plan of action will be formulated to address this or any other
necessary BMP repairs. If applicable, repairs requiring heavy machinery will coincide with repairs to other phases
of the project —likely during the summer of 2015. The pernttee has been advised that the installation of temporary
measures such as silt fence or straw matting would be prudent during the interim.
4. Verb proper functioning of Pump Basin B. This pump system will be evaluated during the
aforementioned field inspection. If necessary, a more specific plan of action will be formulated to address BMP
repairs. If applicable, repairs requiring heavy machinery will coincide with repairs to other phases of the project —
likely during the summer of 2015. Necessary repairs that are typical of routine pump maintenance will be addressed
prior to the issuance of my certification.
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 free 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
Hammers, Karl
From: Kay Zoucha <kazoucha1@yahoo.com>
Sent: Thursday, December 04, 2014 3:55 PM
To: Hammers, Karl
Subject: Re: Report of your visit to the Neighborhoods of Holly Ridge
10:00 am would be great. We can meet at 801 Wildflower Drive, as you go over the causeway, first street to right, first
house on left.
Thank you,
Kay Zoucha
Sent from my iPhone
> On Dec 4, 2014, at 2:43 PM, Hammers, Karl <karl.hammers@ncdenr.gov> wrote:
> Can we set up a time for the 15th? I could be there by 9:30 or 10:00.
> Karl Hammers
> Environmental Specialist
> Division of Energy, Mineral, and Land Resources NC Department of
> Environment and Natural Resources
> 127 Cardinal Drive Extension
> Wilmington, NC 28405
> 910-796-7372-direct
> 910-350-2004-fax
> 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 unless the content is exempt by statute or other regulations.
> -----Original Message -----
> From: Kay Zoucha [mailto:kazouchal@yahoo.com]
> Sent: Wednesday, December 03, 201410:23 AM
> To: Hammers, Karl
> Subject: Re: Report of your visit to the Neighborhoods of Holly Ridge
> Karl, some of the members have conflicts next week. Would either the 15th, 16th, or 17th of December work for you?
Thanks for your help.
> Kay Zoucha
> Sent from my iPhone
>> On Dec 2, 2014, at 10:56 AM, Hammers, Karl <karl.hammers@ncdenr.gov> wrote:
>> In response to Linda's e-mail, I am available the morning of the 9th between 9:30 and 11:00, the 10th in the
afternoon and am available all day on the 11th. Please let me know what day and time will be most convenient for you.
Thank you.
>> Karl Hammers
>> Environmental Specialist
>> Division of Energy, Mineral, and Land Resources NC Department of
>> Environment and Natural Resources
>> 127 Cardinal Drive Extension
>> Wilmington, NC 28405
>> 910-796-7372-direct
>> 910-350-2004-fax
>> 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 unless the content is exempt by statute or other regulations.
>> -----Original Message -----
>> From: Kay Zoucha [mailto:kazouchal@yahoo.com]
>> Sent: Monday, December 01, 2014 8:59 AM
>> To: Hammers, Karl
>> Subject: Re: Report of your visit to the Neighborhoods of Holly Ridge
>> Thanks for your help. We look forward to meeting with you. We will stop by and pick up the report.
>> Kay
>> Sent from my iPhone
>>> On Dec 1, 2014, at 8:53 AM, Hammers, Karl <karl.hammers@ncdenr.gov> wrote:
>>> I need to coordinate with Linda Lewis who is the engineer for the project. She is out of the office until tomorrow.
When I have some days available I will let you know. I will leave a copy of my inspection report at the front desk for you.
Thank you.
>>> Karl Hammers
>>> Environmental Specialist
>>> Division of Energy, Mineral, and Land Resources NC Department of
>>> Environment and Natural Resources
>>> 127 Cardinal Drive Extension
>>> Wilmington, NC 28405
>>> 910-796-7372-direct
>>> 910-350-2004-fax
>>> 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 unless the content is exempt by statute or other regulations.
>>> -----Original Message -----
>>> From: Kay Zoucha [mailto:kazouchal@yahoo.com]
>>> Sent: Monday, December 01, 2014 8:45 AM
>>> To: Hammers, Karl
>>> Subject: Re: Report of your visit to the Neighborhoods of Holly
>>> Ridge
>>> It will probably be around 10:30. Could you leave a copy of your report up front for us?
>>> Also what day this week would you be able to come out to our development?
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 `%" �- +f �� e
MATE � � _ I 1 -1 u��k
TIM
y
NAME
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 eany out our day-to-day program obligations. Please read
carefully the following guidelines signing the form:
I. 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 Sles 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 FOUNT) Tl3 M 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
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
Pew J
4.
pliaand Name Firm/Business Date Time In Time Out
achabusinesscar t thisform]NVOICE
S MADE_ PAID -
S:Adi inlile access
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NC NR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 17, 2014
Scott Cook, 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 III
Permit No. SW8 070649
Onslow County
Dear Mr. Cook:
John E. Skvarla, III
Secretary
On October 13, 2014, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
(DEMLR) inspected The Neighborhoods of Holly Ridge Phase III in Onslow County to determine the status of
compliance with the State Stormwater Management Permit Number SW8 070649. 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. Please submit the Designer's Certification for the system
2. Please submit a copy of the recorded deed restrictions for this Phase.
3. Please Verify that all the pipes required on the plans have been properly installed.
4. Please provide vegetation in the infiltration basins.
5. Please establish vegetation on all pump basin slopes and berms.
6. Please verify that the pumps are working according to the plans on all the Pump Basins and make any
needed repairs to the pumps to ensure they are working according to the plans.
7. Please install the vegetative filters on all the Pump Basins.
Pump Basin C:
8. Please investigate the source of erosion near the outlet and provide repairs adequate to prevent any
further erosion.
9. Please repair the eroded bank near the outlet.
10. Please repair the erosion under the rip rap at the pond outlet.
11. Please install adequate stabilization such as fabric under the rip rap at the pond outlet to prevent further
erosion.
Pump Basin D:
12. Please investigate the source of the large hole in the slope near the end of the rip rap swale at 13. the
outlet to the basin and repair the erosion.
14. Please install adequate measures to prevent future erosion in the slope near the end of the rip rap swale.
Please inform this Office in writing before December 22, 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
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405-PHONE: 910-796-7215/ FAX: 910-350-2004
Internet: htto://Portal.ncdenr.oralwebilri
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Notice of Inspection -Non Compliant
Neighborhoods of Holly Ridge Phase III
November 17, 2014
Page 2 of 2
penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by December 22,
2014 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.
Sincere ,
Karl Hammers
Environmental Specialist
�GDSIKJH: GAMShared0ormwaterTermits & Projects120071070649 HD12014111 CEI_deficient 070649
cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Compliance Inspection Report
Permit:
SW8070649 Effective:02/08108
Project:
The Neighborhoods of Holly Ridge Phase 3
Owner:
Neighborhoods of Holly Ridge LLC
County:
Onslow
Region:
Wilmington
Expiration: 12/31/21
Adress: NC Hwy 50
City/State/Zip: Holly Ridge NC 28445
Contact Person: Scott Cook Tide:
Directions to Project:
From intersection of NC17 and NC50 in Holly Ridge, take NC50 1.4 miles South. Project 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)
On -Site Representative(s):
Related Permits:
Phone: 910-343-9202
SW8050842 Neighborhoods of Holly Ridge LLC - The Neighborhoods of Holly Ridge Phase II
SW8050213 Neighborhoods of Holly Ridge LLC - Neighborhoods of Holly Ridge
Inspection Date: 11113/2014 Entry Time: 09:20AM Exlt Time: 11:51AM
Primary Inspector: Karl J Hammers
Secondary Inspector(s):
Reason for Inspection: Complaint
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; SW8070649 Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 11/13/2014 Inspection Type Compliance Evaluation Reason for Visit: Compla-It
Inspection Summary:
1. Please submit the Designer's Certification for the system
2. Please submit a copy of the recorded deed restrictions for this Phase:
3. Please Verify that all the pipes required on the plans have been properly installed.
4. Please provide vegetation in the infiltration basins.
5. Please establish vegetation on all pump basin slopes and berms.
6. Please verify that the pumps are working according to the plans on all the Pump Basins and make any
needed repairs to the pumps to ensure they are working according to the plans.
7. Please install the vegetative filters on all the Pump Basins.
Pump Basin C:
8. Please investigate the source of erosion near the outlet and provide repairs adequate to prevent any
further erosion.
9. Please repair the eroded bank near the outlet.
10. Please repair the erosion under the rip rap at the pond outlet.
11. Please install adequate stabilization such as fabric under the rip rap at the pond outlet to prevent further erosion.
Pump Basin D:
12. Please investigate the source of the large hole in the slope near the end of the rip rap swale at 13. the outlet to the
basin and repair the erosion.
14. Please install adequate measures to prevent future erosion in the slope near the end of the rip rap Swale.
page: 2
Permit: SW8070649 Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 11/13/2014 Inspection Type Compliance Evaluation Reason for Visit: Complaint
File Review Yes No NA NE
Is the permit active? ® ❑ ❑ ❑
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 Desioner's Certification has not been submitted. The site is still under construction, but
the basins are installed and could be certified.
2 A copy of the recorded deed restrictions has not been submitted. There are many homes already
occupied in Phase III.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑
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? E ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ E ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑
Are the outlet structures located per the approved plans? ❑ ❑ ❑
Comment: Some of the pipes do not appear to be installed in the basins as shown on the plans.
Operation and Maintenance Yes No NA HE
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?
page: 3
Permit: SW8070649 Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: 11/13/2014 Inspection Type Compliance Evaluation Reason for Visit: ComplairF
e
Comment: Residents report that water backs up into the street and yards during heavy rain events and they have
observed sediment in the stormwater drains.
e infiltration basins are not vegetated.
Pump Basin B:
1. The slopes do not have adequate groundcover.
2. The vegetative filter is not installed.
Pump Basin C:
1. The controls for the pump appear to have been removed.
2. The forcemain going under the wetlands near the outlet may have a leak and may be causing erosion
the slope near the wetlands.
3. There is no vegetative filter. .
4. Erosion under the rip rap at the pond outlet was observed.
5. There did not appear to be anv fabric installed under the rip rap at the pond outlet.
6. The DiDe from the Dond to the outlet does not appear to be installed.
Pump Basin D:
1. The vegetative filter was not installed.
2. A large hole was observed in the side of the slope near the end of the rip rap swale at the outlet to the
basin.
3. The berms are not completely vegetated.
Some or all of the pumps may not be functional.
Other Permit Condifions Yes No NA NE
Is the site compliant with other conditions of the permit? 0 ❑ ❑ ❑
Comment:
Other WO Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? 0 ❑ ❑ ❑
Comment:
page: 4
STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmi g on, North Carolina 28405
(910) 796-7215
FILE ACCESS RECORD
SECTION ,.: rn L_R l �v/�
TDAMATE + 1 7 lfh t I /A ( l
NAME
REPRESENTING RaLL V K- A 6 �� 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. "pointments 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. 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 ofthese files is a
misdemeanor for which you can be fined up to $500.00. 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
O AJ S
2.
3.
4.
1 D ` �� -2S
Signature and Name of F&Ausiness Date Time In Time Out
Please attach a business card to this form
COPIES MADE 2- S PAID INVOICE
S:AdminBe access
AT
�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 16, 2014
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 III
Permit No. SW8 070649
Onslow County
Dear Mr. Cook:
John E. Skvarla,
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 February 8, 2018, shall now be effective from the
date of issuance until December 31, 2021, which includes all available extensions. The project remains
subject to the conditions and limitations as specified in the permit issued on February 8, 2008 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 III of The Neighborhoods of Holly Ridge in Onslow County to
determine the status of compliance with the State Stormwater Management Permit Number SW8
070649. DEMLR file review and site inspection revealed that this 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 the Designer's Certification for the system
2. Submit a copy of the recorded deed restrictions.
3. Maintain and restore the slopes of Pump Basin B.
4. Verify proper functioning of the pump system for Pump Basin B.
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) 796-7215 / Fax: (910) 350-2004
Mr. Cook
October 16, 2014
Permit No. SW8 070649
Please be advised that 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. Violations of the 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 when all of the requirements of Session Law 2011-256 have been met.
If you have any questions, please contact me at the Wilmington Regional Office, telephone
number (910)-796-7343 or via email at Iinda.lewisO-ncdenr gov.
Sincerely,
0:/ dev- Z.
Linda Lewis
Environmental Engineer III
Enc: Compliance Inspection Report
GDS1arl: G:1WQ\Shared\Stormwater\Permits & Projects120071070649 HD1201410 CEI_deficient 070649
cc: Jimmy Fentress, P.E., Stroud Engineering
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater File
Page 2 of 2
Compliance Inspection Report
Permit: SW8070649 Effective:02/08/08 Expiration: 12/31/21
The Nei hborhoods of Holl Rid a Phase 3
Pro/ect. 9 Y 9
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 intersection of NC17 and NC50 in Holly Ridge, take NC50 1.4 miles South. Project 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)
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: 910-796-7216
Inspection Type: Compliance Evaluation
page: 1
permit: SW8070649 Owner - Project: Neighborhoods of Holly Ridge LLC
Inspection Date: ' 10/01/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Please submit the Designers Certification for the system.
Please submit a copy of the recorded deed restrictions for this Phase.
Please maintain the slopes of Pump Basin B and verify proper functioning of the pump system which delivers the runoff
to the infiltration basin 1-1 for treatment.
page: 2
Permit: SW8070649 Owner - Project: Neighborhoods of Holly Ridge LC
Inspection Date: 10/01/2014 Inspection Type Compliance Evaluation Reason for Visit: Routine
File Review Yes No NA NE
Is the permit active? 0 ❑ ❑ ❑
Signed copy of the Engineers 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? ❑ 0 ❑ ❑
Comment: 1 The required Designer's Certification has not been submitted. The site is still under construction, but
the basins are installed and could be certified.
2 A copy of he recorded deed restrictions has not been submitted. There are many homes already
occupied in Phase III.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? M ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? 0 ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? M ❑ ❑ ❑
Are the outlet structures located per the approved plans? M ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
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 Pump Basin B has some slope slouahing and erosion that needs to be repaired. Ahhough the area
received several inches of rain in the days immediately Preceeding the inspection, and despite hearing
the Pump at Pump Basin B running and seeing a small whirlpool near the skimmer intake assembly,
there was no runoff enterina infiltration area 1-1. Please investigate to make sure that the system is
functioning as designed.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
x ❑❑❑
Comment: 4 Please continue to Provide oversight and review of the builder's lot plans to assure that the built -upon
area per lot has not been exceeded. You will be expected to verify the built -upon area and certify that it
is in compliance with the permit prior to transferring the permit to the association.
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
THY E/DATE +J �n� ( r. ,, 2
NAME �1Tsp ��G�Ift✓
REPRESENTING S
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:OOum. 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
1)
Sig4i%ture and Name of Fbm/Busines�
Please attach a business card to this form
COUNTY
- CUB
/J
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Date Time In
COPIES MADE ZL
PAID INVOICE
0
16:30
Time Out
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATE/TIME �/27111
NAMES L' �`'l -��'> REPRESENTING '��'%,� °� ,
Guidelines for Access: The staff of the 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 before 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 for file review so you can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3:00 p:m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review'at one appointment 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.
There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy.
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area. To remove, alter-,
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00.
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME
2. ,
3.
4.
5.
Si ature/Na a of Firm or Business Date Time In
(Please attach business card to form if available....
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