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HomeMy WebLinkAboutSW8070649_Compliance Evaluation Inspection_20190129(Domestic Mail C Forgg r-9 Ln rt C3 -0 r1-- Postage $ C3 ru Certified Fee 0 Return Receipt Fee C3 (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) m L-L 05v�113 Here 67oG4q Tot ru frl Sent Neighborhoods of Holly Ridge, LLC r-9 Attn: Ryan Cook, Manager C3 SVBE r� or PC 1105 New Pointe Boulevard Suite 6 Ciry, Leland, NC 28451-4130 :ii August 2006 C3 C3r� LL Postage $ 0 Certified Fee rti I3 Return Receipt Fee ❑ (Endorsement Required) C3 Restricted DeliveryFee C3 (Endorsement Required) rrl NTotal Postage & Fees m srPRoxft.116 3 Srept. No.,nnr� oc; A/vu, �/I ■ 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 Lr,;,I^d, NC Z845/- 4130 Postmark Here h tf 0�II R tic f3W. - S-te. ro 6Jn /VC Z6451 —4130 L— A signaT/fre �/C.V '`- X �(/� ❑ Agent ❑ Ad re; B. Delved by (P ted Name) I C o eH D. Is deiivery address different from item 1? ❑ rYe: If YES, enter delivelp(gLdEftw: ❑ No MAY 0 7 2018 (II�IIIIII�IIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIII 3 Service Type yr,unuvU°°'rt*]�egnteredMil- ❑ Adult Signature ❑Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restticter 9590 9402 1772 6074 8669 98 0 Certified Mail Restricted DelWay ❑ DRe�ium p> for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collectan Delivery Restricted Delivery ❑ Signature ConfirmationTM Insured Mail ❑ Signature Confirmation 7013 2630 0002 0760 7561 Insured Mail Restricted Delivery Restated Delivery(over $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt a U6PS TRACKING # First -Class Mail t' Postage & Fees Paid USPS Permit No. G-10 9590 9402" '"8248 4425 fly United States Postal Service • Sender: Please print your name, address, and ZIP+4® in this box• NC DEQ/DEMLR Stormwater Section 127 Cardinal Drive Ext Wilmington, NC 28405 „ „i f11��r ii, 3 , i if ii' �i tt�l� 11�II li#llfl li � 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 At:ot'?.:lr:aCtr(�Nr•r i Er:r:r(;anv:n%-q:Qim?:y Fnu-g;A;`i,.r.' ., L:..u. Ret.,nu-ccs IN. ': ,.m ?'14,,i..' C . N,:, ' 121 Caw no: D,.'k E ttn.. a.. ibi .., .y,... Ni' 21'.,p- ■ 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 maifpiece, or on the front if space permits. 1. Article Addressed to: Rysn Cook, H. - Nei' ,�jaac�S oc��IC'„' ... 11U5 New _ Z.f/^C/ - 41367 ' V✓ ft A. sigi,are l.'` X 0 Agent ❑ Aa�- el0hved G't,-A led Name)c D. Is delivery address different from item 1? ❑ %, If YES, enter deliverj❑ No MAY 4 7 2018 nvrLrvunvv i V Service Type ��® (I I �I�II III I�I l f �l III I I�LLII I �I II I I� �II3. ❑ Adult Signature ❑ Registered MIhddtymwl ll + ❑Adult Signature Restricted Del" lCertifled Mail® ❑ Registered Mail Restricted Delivery 9590 9402 1772 6074 8669 98 ❑ Certlfieed Mail Restricted Delivery E3 Retui`n Recelp#for ❑ Collect on Delivery Merchandise 2._ Article Number (transfer from service iabei) ❑ Collecton Delivery Restricted Delivery ❑ Signature Corfirmation'm ^ Insured Mall ❑ Signature Confirmation .7013 2630 2 0 2 0760 7.561 Insured Man Restricted. Delivery Restricted Delivery (over $500) PS Form 3811, July 2015 PSN 7530-02-000-9053: Domestic Return Receipt CERTIFIEDMAILF~ ECEIPT 1111Y,'No lnsurqnc�� rage Provided) 1-0' • U. •, 0 ..D r` LV Postage Is O Certified Fee ru l7 Return Receipt Fee C3 (EndorsemerA Required) I-3 Restricted Delivery Fee p (Endorsement Required) rut f 3 Total Postage & Fees rn Sent To Q 3`t , Apt W- r%- or PO Box No. iiG C; j Postmark Here aG-rams OMP. IM .Tm!f _F3hrd'-_ 5 A X Z6451-4130 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 a 4 K) O Ut f O in 0 Ir nr 0 N Q n r co � cn W Q K 00 'O D O 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 14 s ,ech col 40 leg re host-li oJr2k,c�, i/1 PA. 2. 7 -7 �.. 217 4.88' � 2223 225 2W 227 228 229 72231 232 233 23236 N t a--235 237 238 239 240 241 1 257 1 20 1 255 1 254 1 29 f 264 64 1 265 I 266 1 267 1 — I -rr .tf4 270 271 272 289 1 288 f 287 I 285 1 285 291 292 293 �R EET 9. 249 248 247 20 245 244 r t �— z43 W i 273 03 274 276 275 277 4 278 333 SH EET, I I - HYD f/ 331 283 262 281 280 279 330 SH 316 317 318 319 320 321 3� 323 As F26 Z Ex. 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W t` �a /� ,//�` ��g4 eA�\�\ aN o § ,1 amN ,?�,�y( iaW1\ ♦ �\ 'O �� Dew 1 �'� /l ,/ '�'� �-/�b.,75�' i�'/` ,\ A .10 8*63q ����� r7 ye$9 \ \ JB /ql• / 9iH m W `\ ,/'/'' Cf/' '�' \/� p -K �Cg gp x<� \ JJ• //?6 i mo m /\//-' .�' 'w ♦`/ 'd ,�\ w NIP N g H I48 a� m� �Z S th NN Lis 389y.gg 41 p`nu:n :eSe 35_ r'94 y$1�_ Q£� i % \\ ♦,\ �% /' _ '' :°rnY o.nA s W ,�- at[_ 00 A�2o x$asp � '^ Egm: r•o"�gg 5 �: ��.��w �wa•5yg 7: €, p � r�� �m f o DD o µess7� P s891R9 € a ° cn7*7 D s a s g� 9 gOc m�m €asa € IBM -� m la/ °r•go�= j' m^ -'^OO 77 +gel b9ae9 t s _ Do ��O a €es s w5�� o 0) zoo z 1•-` m C D �a O:iggx� 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 St o�i ayv 2 ? �ry � � 'All cr�s7�e� 2s ,8v�4 b`fi -A, �ewf. 1A - �l htiuS4- be � �2 �. 1 N1 I. % aelrga7 50 +hwk IZ- e- ZCUej 5V 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 X� �v 'mac f �r✓f c:Gtn�/.o�� le �� . � J .cir c2 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 ^^r A 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 l 1So 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. 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