SW8090310_Compliance Evaluation Inspection_20211119

Zorda, Garrett D
From: Zorda, Garrett D
Sent: Friday, November 19, 2021 10:27 AM
To: [e-mail]; [e-mail]; [e-mail];
[e-mail]
Subject: Modwash Surf City (SWA 000122)
Attachments: 2021 07 req_ren 090310.pdf
Good Morning All,
I am working on reviewing the Fast Track Authorization to Construct (ATC) Permit application that was submitted for the
subject project on November 2, 2021. Section A of the submitted application indicates that this project is not applying
for an offsite permit and is not out of compliance with an existing stormwater permit. Section CA of the application also
indicates that this is a new project with no application previously submitted. During my review, however, it was
discovered that this proposed project is part of an existing project, Harris Teeter— Surf City Crossing (SW8 090310).
More specifically, this proposed project is located on Lot 3 which is located within Drainage Area 8 (approved BMP #4).
Furthermore, a review of SW8 090310 discovered that it is not in compliance with the permit, as the permit expired on
October 3, 2019 and it appears that the ownership of the property has changed without transferring the permit. The
attached letter was sent to the permittee of SW8 090310, Weingarten Investments, Inc., on July 22, 2021 notifying them
of these deficiencies. To date, no response to this letter has been received. Due to the overlap and compliance issues
with SW8 090310, per Title 15A NCAC 02H.1043(4)(a), this project would not qualify for review under the Fast Track
Permitting Process.
With that said, there are a couple of options for moving forward with this project. These option include:
1. Request to withdraw this application for SWA 000122 and resubmit an Offsite Permit application to the system
approved under the Master Permit, SW8 090310. This submitted project appears to propose two (2) infiltration
basins, which are not the same as the system approved under SW8 090310. As noted above, this lot is approved
under SW8 090310 to drain to BMP #4 (Drainage Area 8), as shown on the plans approved on May 5, 2009.
Please note, because they are dependent on the Master Permit, Offsite Permits are not eligible for submittal
through the Fast Track Program and must be submitted through either the Standard or Express programs.
2. If it is desired to proceed with this project as designed and no longer be covered under SW8 090310, then a
modification to SW8 090310 to remove the Modwash Surf City project area (Lot 3) from SW8 090310 and a new,
complete permit application for the Modwash Surf City project can be submitted concurrently to cover the
removed area. The compliance issues for SW8 090310, however, would need to be addressed before a
modification can be submitted. In this case, the order of submittals would be:
i. Request to withdraw this application for SWA 000122.
ii. The current permittee of SW8 080310, Weingarten Investments, Inc., will submit a Permit
Renewal Application for SW8 090310.
iii. A Permit Transfer Application will be submitted jointly by the current permittee, Weingarten
Investments, Inc. and the new owner(s), which based on a search of the Pender County GIS
database appears to be both Baker and Baker Real Estate Developers, LLC and Weingarten
Investments, Inc. Please note, because the permit renewal process is usually straightforward,
the Permit Renewal Application and Permit Transfer Application can likely be submitted at the
same time, so that the transfer can be logged in immediately following the Permit Renewal.
iv. Once the above actions have. been submitted, reviewed and approved, a modification
application for SW8 090310 to remove the Modwash Surf City project area (Lot 3) from the SW8
090310 project area can be submitted. At the same time, a new, complete permit application for
the Modwash Surf City project will need to be submitted. Please note, because of the difference
in review times and procedures between the Fast Track program and Standard Program, the two

projects cannot be reviewed under the separate programs and both the modification and the
new application would need to be submitted through either the Standard or Express programs.
Hopefully the above information proves helpful and provides a more clear path forward. I will be out of the office next
week, however, if you have any questions, please email me and I will respond to them as soon as I return.
Thanks and have a Happy Thanksgiving,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7343 direct **Please note the change to my direct phone number**
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence `c .and frcm this addrsss is subject to the
North Carolina Public Records Law and may be disc osed to third parties.

® le) i.. CON
NORTH CARCK-ft"
awkwunawdQuaft
July 22, 2021
Weingarten Investments, Inc
Attu: Andes Alexander, President
2600 Cdadel Plaza Drive
Houston, TX 77008
Subject: Suter Permit Reiaewal Request and Transfer Request
Stile Swater Nknagement Perms No. SW88 090310
Harm Teeter Surf City Crog
Peuder County
tiT- U 'V;.
State Stormwater Management Permit ##SW8 09031.0 for the subject pp��oofeet expired on October 3, 2019. This is a
reminderthat permit renewal apples are due 190 days prior to their expiration per 15A NCAC 21-L1045(3).
North Carolinas: General Statutes and the. Coastal Stcnmwater rules require that thisproperty be covered under a
stormwater permit. Failfze to maintain a permit subjects the owner to assessment of civil penalties.
Please submit a complete permit renewal form along with a $505.00 fee and other submittal requirements within
30 days. The permit renewal form can be found on our website at: hops://deu.nc.gov/about/divisions/energy-
mineral-and-land-resources/stormwater/stormwater-program/post-construction-2.
Permits are not automatically transferred when thesty ownership changes. If this property has had an
owner change, a permit transfer application form along with the submittal requiremn will also need to be
submi This form can also be found on. the website provided above.
A review of the North Carolina Secretary of State eorporatzon's database revealed that this corporation has a new
address and new pomt of contact. Please submit a completed Permit Information Update Form to correct your
contact information which is available on the website provided above.
If you have any questions regarding this matter,. please contact Ashley Smith at [phone] or
asl>[e-mail].
Ste,
WA
4 Brian Wrenn, Director.
Division of Energy, Mineral and Land Resources
DES/ams: %StormwaberTermits & Projects\2009\090310 I U`,2021 07 req_ren 090310
CC' Capital COTOrake Services, Inc., Registered Agent; Weingarten Investments, Inc.; 120 Permarc Drive Smite 118;
Raleigh; NC 27603
Barer and Baker Real Estate Developers, LLQ New Property Owner; 1400 Pickens St., 51' F1ow, Columbia, SC
29201
CT C.ogx ratiort System; Registmed Agent for New Property Owner; 160 Mine Lake Ct Ste 200, Raleigh; NC
27615
Wilmington Regional Office Fide
�k NorE#r Carofma De elf partment of &Mroranental Quality tyI Division of Rux9jr Mineraland Land Ke�aces
Wimington Regional office 1127 Carftat. Drive Extension 14t ilmiixgtnM North Carobw 2WS
wa r.�r 910.7%1M

- File an Annual Report/Amend an Annual Report - Upload a PDF Filing - Order a Document Online -
Add Entity to My Email Notification List - View Filings - Print a Pre -Populated Annual Report form - Print
an Amended a Annual Report form
Business Corporation
Legal Name
Weingarten/Investments, Inc.
Information
Sosld: 1009394
Status: Current -Active O
Date Formed: 10/29/2007
Citizenship: Foreign
State of Incorporation: TX
Fiscal Month: December
Annual Report Due Date: April 15th
CurrentAnnual Report Status:
Registered Agent: Capitol Corporate Services, Inc
Addresses
Reg Office Reg Mailing Mailing
120 Penmarc Drive Suite 118 120 Penmarc Drive Suite 118 2600 Citadel Plaza Drive
Raleigh, NC 27603-2400 Raleigh, NC 27603-2400 Houston, TX 77008-1362
Principal Office
2600 Citadel Plaza Drive
Houston, TX 77008-1362
Off icers
President
Andrew Alexander
2600 Citadel Plaza Drive, Suite 125
Houston TX 77008
Chairman of the Board
Stanford Alexander
2600 Citadel Plaza Drive, Suite 125
Houston TX 77008

Executive Officer
Stephen Richter
2600 Citadel Plaza Drive, Suite 125
Houston TX 77008
Stock
Senior Vice President
Joe Shafer
2600 Citadel Plaza Drive, Suite 125
Houston TX 77008

• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online -
Add Entity to My Email Notification List • View Filings - Print a Pre -Populated Annual Report form • Print
an Amended a Annual'Report form
Limited Liability Company
Legal Name
BAKER AND BAKER REAL ESTATE DEVELOPERS, LLC
Information
Sosld: 0441659
Status: Current -Active O
Date Formed: 11 /3/1997
Citizenship: Foreign
State of Incorporation: SC
Annual Report Due Date: April 15th
CurrentAnnual Report Status:
Registered Agent: CT Corporation System
Addresses
MaRing
1400 Pickens St., 5th Floor
Columbia, SC 29201-3465
Reg Mailing
160 Mine Lake Ct Ste 200
Raleigh, NC 27615-6417
Company Officials
Principal. Office
1400 Pickens St., 5th Floor
Columbia, SC 29201-3465
Reg Office
160 Mine Lake Ct Ste 200
Raleigh, NC 27615-6417
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
Steven M Anastasion
PO Box 12397
Columbia SC 29211

SECTION
REPRESENTING
STATE OF .NORTH CAROLINA
Department of Environmental and Natural Resources
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Wilmington, North Carolina 28405
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Johnson, Kelly
From: Johnson, Kelly
Sent: Tuesday, July 28, 201612:10 PM
To: 'Hannah. [e-mail]'
Cc: Weaver, Cameron
Subject: RE: Overall Development Stormwater
Attachments: 1.pdf; 2.pdf; 2009 04 permit 090310.doc; 2010 05 CEI_BIMS 090310.pdf, 201005 NOV
090310.docx; 2010 07 CEI_BIMS 090310.pdf, 2010 07 CEI_compliant 090310.doc; 2011 07
CEI_BIMS 090310.pdf; 2011 08 permit 090310.doc; 2009 03 req_SWapp 090310.doc
Hannah,
It looks like Lot 4 was allocated 36,900sf in 2009 (#1 attached). There was also an ownership change in 2001 (#2
attached). There is a lot of information in this file, and I haven't worked on it or read through it. (It looks like there may
be some lots that have to provide their own BMP, and so I would read through this carefully. I think it is only lots 8 & 9,
but I haven't read everything.) I have attached the correspondence I have electronically. If you want to make an
appointment to see the master permit or to have it scanned and emailed to you by a local print shop, please contact
Cameron Weaver in our customer service group, cc'd.
If Lot 4 has an allocation to drain to a BMP and it is owned by someone other than the master permittee (master permit
SW8 090310, Weingarten Investments) then it will need an offsite permit to drain to SW8 090310. You will need the
main application SWU-101 on our website, http://portal.ncdenr.ors/web/ir/state-stormwater-forms docs, and the off -
site supplement form (same website under the "supplements" tab.) You will also need two sets of plans, the $505
review fee, and potentially some other paperwork depending on what you plan to do. There are also directions for what
to submit and how to fill out the form on the website.
If you have further questions please let me know.
Kelly
From: [e-mail] [mailto: Hannah. Barrow(ftimley-horn.com]
Sent: Tuesday, July 28, 2015 11:44 AM
To: Johnson, Kelly
Subject: Overall Development Stormwater
Kelly,
I've attached an overall development site plan in which I'm doing research on outparcel 4. 1 was wondering if you could
tell me if outparcel 4 was taken into account with the overall stormwater permit. The Town of Surf City said this site
would have been a State Stormwater Permit and did not go through the Town.
Thanks,
Hannah
Hannah Barrow, EIT
Kimley-Horn 1 2000 South Blvd, Suita 440, Charlotte, NC 28203
Direct: 704-954-7460

STATE OF NORTH CAI oum
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
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WEINGARTEN REALTY
August 2, 2010
Angela Hammers
NCDENR DWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Stormwater Permit No. SW8 090310 — Change of Ownership/Address
Dear Angela,
9420 Forum Drive, Suite 101
Raleigh, NC 27615
919-841-9250
866-373-9437 Toll Free
919-841-9706 Fax
www.weignarten.com
Please be advised that the Ownership for Surf City Crossing — Harris Teeter (Permit No. SW8 090310) Pender
County has changed.
The new Ownership name is Weingarten/Investments, Inc. The new contact information until "Operation upon
Certification" phase is:
Michael Kaney
9420 Forum Dr., Ste 101
Raleigh, NC 27615
919-845-3950
mkaney@,weingarten.com
Upon certification and placing the stormwater system into operation, the contact information will be:
Gene Douglas
9420 Forum Dr., Ste 101
Raleigh, NC 27615
919-845-3942
[e-mail]
Sincerely,
Weingarten/Investments, Inc.
By: -
Michael D. Kaney
Senior Development Ma
MDK/mc
People -to -People. Coast -to -Coast.
RECEIVED
AUG A42010
Weingarten Realty is the trade name of Weingarten Realty Investors (the 'trust') which is an unincorporated trust organized under the Texas Real Estate Investment Trust Act. Neither the shareholders of
the trust, nor its trust managers, officers, employees or other agents are personally, corporately or individually liable for any debt, act, omission or obligation of the trust and all persons having claims of
any kind against the trust must look solely to the property of the trust for the enforcement of their rights.

North Carolina
Beverly Eaves Perdue
Governor
July 26, 2010
Mr. Jeff Baran, Manager
WRI-Hughes, LLC
6409 Westgate Rd.
Raleigh, NC 27617
��
WDENR
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Subject: NOTICE OF INSPECTION
Surf City Crossing — Harris Teeter
Permit No. SW8 090310
Pender County
Dear Mr. Baran:
Dee Freeman
Secretary
On July 23, 2010, Angela Hammers of the Wilmington Regional Office of the Division of
Water Quality (DWQ) inspected Surf City Crossing — -Ialtrris Teeter in Pender County to
determine compliance with Stormwater Management Permit Number SW8 090310
issued on May 5, 2009. DWQ file review and site inspection revealed that the site is
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.
Please be advised that you are required to comply with the terms, conditions and
limitations of your Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Camlina General Statute 143-214.7, including
operation and maintenance of your permitted stormwater system. Specifically, the
following items must be continued throughout construction:
1. Periodic cleaning of the accumulated 'crust' layer of the infiltration basins when
not functioning at the approved level per the Operation and Maintenance
Agreement (Water is standing more than 5 days after a storm event).
2. Keep erosion to a minimum during construction.
3. Keep records of maintenance activities to indicate the date, activity, name of
person performing the work and what actions were taken.
If the project has changed name, ownership or mailing address, a formal change of
nameiownership form must be submitted to DWQ within 30 calendar days detailing the
change. Please provide the name, mailing address and phone number of the person or
entity that is now responsible for this permit.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: 910-MO-20041 Customer Service:1-877-62M748 NOfth Carolina
Internet www,nrwaterqualily.org �aturallr�
An Equal Opportunity l Affirmabe Action Employer

Mr. Jeff Baran
Surf City Crossing — Harris Teeter
Stormwater Permit No. SW8 090310
Please be advised that violations of your Stormwater Management Permit may be
subject to the assessment of civil penalties of up to $25,000 per day per violation. If you
have any questions please contact Angel Hammers at the Wilmington Regional Office,
telephone number (910)-796- 7215.
Sincerely,
A �ww�
Angela Hammers
Environmental Specialist
Enclosure: Compliance Inspection Report
GDS1akh: S:IWQSISTORMWATERIINSPECT1090310.ju110
cc:. M. Floyd Adams, PE (The Adams Company)
David Honeycutt, Cape Fear Paving
Michael Kaney, Weingarten Realty
John Hennessy-NPS-ACOU
Trent James, DLQ-WiRO (VIA EMAIL)
WiRO Files
DWQ Central Files
Page 2 of 2

Compliance Inspection Report
Permit: SW8090310 Effective: 05/05/09 Expiration: 05/05/19
County: Pender
Region:. Wilmington
Contact Person: Jeffrey W Baran Title:
Owner: Wri Hughes LLC
Project: Harris Teeter at Surf City Crossing
Hwy 210
Surf City NC 28445
Phone:
Directions to Project:
From Wilmington north on Hwy 17 to Hwy 210 turn right onto hwy 210 go 500 yards, project is on the left
Type of Project: State Stormwater - HD - Hybrid Infiltration
Drain Areas: 1 - (Virginia Creek) (03-06-24) ( SA;HQW)
2-
3-
4-
5-
6-
On-Site Representative(s):
Related Permits:
SW8050502 Lowes Home Centers Inc - Lowes Surf City
Inspection Date: 07/22/2011 Entry Time: 11:30 PM
Primary Inspector: David W Cox
Secondary Inspector(s):
Christopher Baker
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: 7 Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 12:25 PM
Phone: [phone]
Phone:
Inspection Type: Transfer Renewal
Page: 1

Permit: SW8090310 Owner - Project: Wri Hughes LLC
Inspection Data: 07/22/2011 Inspection Type: Transfer Renewal Reason for Visit: Follow-up
Inspection Summary:
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?
IN
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
■
❑
❑
❑
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 ❑ Q ❑ ■
upon request?
Comment:
Page: 2

Permit: SW8090310
County: Pender
Region: Wilmington
Compliance Inspection Report
Effective: 05/05/09 Expiration: 05/05/19 Owner: Wri Hughes LLC
Project: Harris Teeter at Surf City Crossing
Hwy 210
Contact Person: Jeffrey W Baran
Title:
Surf City NC 28445
Phone:
Directions to Project:
From Wilmington north on Hwy 17 to Hwy 210 turn right onto hwy 210 go 500 yards, project is on the left
Type of Project: State Stormwater - HD - Hybrid Infiltration
Drain Areas: 1 - (Virginia Creek) (03-06-24) ( SA;HQW)
2-
3-
4-
5-
6-
On-Site Representative(s):
Related Permits:
SW8050502 Lowes Home Centers Inc - Lowes Surf City
inspection Date: 07/23/2016 Entry Time: 10:30 AM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Christopher Baker
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant Q Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 12:00 PM
Inspection Type: Complaint
Phone: [phone]
Ext.7317
Phone:
Page: 1

lermit: SW8090310
.scion Date: 07/23/2010
Owner - Project: Wri Hughes LLC
Inspection Type: Complaint Reason for Visit: Follow-up
Inspection Summary:
This is a summary of an onsite meeting and walkthru of the stormwater system for permit SW8 090310.
The items listed in the Notice of Violation have been met satisfactorily. However, ongoing maintenance of the stormwater
system must be continued throughout construction to include:
1. Periodic cleaning of the accumulated 'crust' layer of the infiltration basins when not functioning at the approved level per
the Operation and Maintenance Agreement (Water is standing more than 5 days after a storm event).
2. Keep erosion to a minimum during construction.
3. Keep records of maintenance activities to indicate the date, activity, name of person performing the work and what
actions were taken.
File Review
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: Permittee is aware of deed restriction permit condition, (II. Schedule of
Compliance, No. 18., Page 5).
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: The level spreader adjacent to Basin No. 1 was installed at 90 degrees
rotated from the approved plan. This change will need to be submitted as part of the
asbuilts upon construction completion. The level spreader adjacent to Basin No. 10 was
installed.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
■ ❑ ❑ ❑
0000
0000
❑❑■❑
Yes No NA NE
0000
❑ ❑ ❑ ■
❑ ❑ ❑ ■
V.. ki- ue NF
■ ❑ 110
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: The level spreader adjacent to Basin No.7 is required to be level. Straw
bales were placed on the catch basins. Sediment had accumulated around the inlet
basin near the road.
Page: 2

Hammers, Angela
From: Hammers, Angela
Sent: Monday, July 26, 2010 9:42 AM
To: James, Trentt
Subject: SW8 090310 - Surf City Crossing - Harris Teeter
Attachments: 090310 ju110.pdf
Trent,
Please find attached my inspection report for the onsite meeting at the Surf City Crossing — Harris Teeter site last Friday.
This releases them from the NOV issued in May 2010 from Stormwater issues.
Mr. Honeycutt stated he had ordered silt socks for the catch basins, but hadn't arrived yet. I stated that I didn't think the
hay bales were an approved ec measure, to which he agreed.
I have added this site to my inspection schedule, however, if you find items in your inspections that may warrant more
immediate attention from SWP, please let me know.
Sincerely,
Angel Hammers (Please note my new email address is [e-mail])
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: [phone]
E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be
disclosed to third parties.

Hammers, Angela
From: Hammers, Angela [/o=NCMAIUou=Exchange Administrative Group
(FYDIBOHF23SPDLT)/cn=Recipients/cn=angela.hammers] on behalf of Hammers, Angela
Sent: Monday, June 21, 2010 10:11 AM
To: [e-mail]'
Subject: Surf City Crossings- Harris Teeter. SW8 090310
Dear Mr. Baran,
I hope this finds you well. I have reviewed the Plan of Action submitted to this Office in regards to the Surf City
Crossings -Harris Teeter, Stormwater Permit No. SW8 090310. 1 have included the following notes:
1. 1 have made note of the repair date for the level spreader at Basin No. 7 as June 25, 2010.
2. Thank you for the explanation of the rotation of the level spreader at Basin No. 1. That is understandable.
However, a plan revision showing this change will be needed to update the approved stormwater plan.
3. It is understood that the Inlet at OP #1 is transporting drainage to the basins associated with that parcel. It is to
be noted that per the approved stormwater plan, all drainage from impervious surfaces of OP #2 & 3 are to be
treated onsite prior to transport (eventually by Basin No.'s 8 & 9).
4. 1 understand from the DLQ that vegetation of the site has been mostly attended too. I have also made a note of
the repair date to remove accumulated sediment from the infiltration basins as June 25, 2010.
5. As noted in the permit (I1. Schedule of Compliance, No. 18, page 5), deed restrictions must be recorded prior to
the sale of any lot. Please be diligent in meeting this requirement. Additionally, within 30 days of recording, a
copy of the recorded document is to be submitted to DWQ.
Please note that last year, July was a wet month. It will be important to follow the plan and operation/maintenance
agreement to prevent impacts to the stormwater system / site. I will plan an inspection next week. If you or the site
superintendent would like to meet onsite, please let me know.
Thank you for the plan of action and let me know if you have any additional questions.
Sincerely,
Angel Hammers (Please note my new email address is [e-mail]
Environmental Specialist
NC Department of Environment and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Office: 910.796.7215
Fax: [phone]
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.

JUN-14-2010 13:27 FROM -BOB HUGHES ASSOC
919-848-9854 T-590 P.001/003 F-250
Bob Hughes Associates, lnc.
Hughes/Baran Development Co.
6409'Westgate 11d.
Raleigh, NC 27617
[phone] (office)
[phone] (Fix)
mile Transmittal
rlYk /cl-- rlw roll t^ -
/ e4 �W
From: =Le ►roan
Re: 1 LA4 011�A!�_T O&f
Fa:�: 35C�-aoo�
Date: C0 W IQ
Pages: J
I_' Urgent n For Rcview l I Please Comment 1. Please Recycle
COMP MENTS/SPECIAL INSTRUCTION
This inrorma don, is for the exclusive use (if rile addressee above_ The information contained in Elie
facsimile is privileged and confidential. The term --privileged and confidential" includes any
proprietary information. If the receiver of rhfs message is not the intended recipient, or
employee/agent of the inronded recipient, you are hereby notified that any publication or distribution
of the communication and/ or information Contained herein is totally unauthorized. if iltis message
has heon received in error, please notify us by telephone immediately. Thank you.

JUN-14-2010 IS:2i FROM -BOB HUGHES ASSOC 919-648-9054 T-590 P.002/003 F-250
Hughes Boron Development ■
6409 WestgoTe Rood Roleigh, North Corollno 27617 919-847-7309 • 919-848-9854 FoxHUGHE■
BBARANS
DEVELOPMENT
June 11, 2010
Georgette Scott, Stormwater Supervisor
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Sent Via Electronlc Afail and Overnight Delivery
RE: Plan of Action to Notice of Violation, NOV-2010-PC-0569
Surf City Crossings — Harris Teeter
Stormwater Permit No. SW8 090310
Fender County
Dear Ms. Scott:
Please receive this letter as the Plant of Action to identify those activities to occur in an effort to
correct violations identified in the Notice of Violation letter, NOV-2010-PC-0569, dated May
13, 2010. We have taken immediate action to correct any violations and deficiencies noted in the
NOV. However, it should be noted that at the time of the inspection performed on the property,
the site improvements were not finalized and construction activities were still in process. The
Plan of Action is as follows:
Failure to build according to the a roved plan.
A plan modification prepared by the engineer of record, Floyd Adams with the Adams Company,
is accompanying this response letter addressing issues identified in the NOV.
A. "The level spreader at Basin No. 7 opt the sour hwest side of the project is not installed. "
This level spreader is installed.. It was covered with Rip Rap. Rip Rap that was added in
cooperation with the NCDENR-Land Quality group as a precauponary action to handle
the excessive sediment coming from Lie overflow, and to prevent this sediment from
washing outside the bounds of the project because the drainage area had not been built
upon. As the construction activities aTe being completed the rip rap is to be removed and
the level spreader to be reshaped per the approved design and this work is to be
completed by June 25, 2010
B. "The level spreader ar Basin No. 1 was installed 96 degrees rotated. " This chainge was
due to accommodat1Te Progress Energy and their requirement to install a "switching
station" under the exiting power liners withi n their ROW. The Adams Company, Inc.
was solicited and suggested the current layout. The overflow to the level spreader is only
0.36 cfs, and there is a forebay that will hold approximately 150 cubic feel the overflow

JUN-14-2010 13:27 FROM -BOB HUGHES ASSOC 919-346-9654 T-590 P.003/003 F-250
stormwater. Therefore, the stormwater flow will dissipate adequately and spread evenly
over the 13' long level spreader. In addition, the minimum spreader length allowed is
13'; which will handle up to l .00 efs. We are only asking the level spreader handle 1/3
of its capability.
C. "The level spreader at Basin No. 10 is not installed. " At the time of the inspection there
were no impervious surfaces `feeding' Basin No. 9 & 10. This portion of the work was
not complete at the time of the inspection. However, the work has since been completed.
D. "Inlet at OP #1 nor on plans ". This drop inlet was added and approved by the engineer
of record to avoid disturbing the water line and sidewalk in the future once OP #1 has
impervious surface and there is a need to connect storm drain to the existing lines. The
drop inlet is within the drainage area that OP #1 is a part of.
Failure to maintain the stormwater system.
"Need adequate vegetation in vegetatedfilters, slope erosion, removal of accumulated sediment
in basins and bypass structures ". These items have been atteuded to and will continue to be
monitored and addressed. This includes monitoring and repair of erosion and sediment and
control measures and temporary and permanent seeding will be performed and maintained.
Infiltration basins will be cleaned out of accumulated sediment and this work is to be completed
by June 25, 2010. We will adhere to the requirements within the Operation and Maintenance
Agreement.
Failure to provide a COPY of the recorded deed restrictions.
The surveyor has begun the work to complete the As-Builts. This should be completed by June
30, 2010. Afterwards, the recorded deed restrictions for the stormwater BMPs maybe prepared.
However, please note the subdivision plat has not been recorded nor have any lots been sold nor
are anv under contract to sell at this time. .
Immediate action is being taken to address the issues identified in the NOV. It is our sincere
desire to rectify these matters as quickly as possible however, weather may hamper our ability to
achieve the referenced completion dates.
cer
hn Hennessy, NPSACOU
Angela Hammers, NCDM DWQ
ivfichael Katiey, Weingarten Realty
Bob Mitchell, The Adams Company

Compliance Inspection Report
Permit: SW8090310 Effective: 08/05/09 Expiration: 05/06/19
County: Pender
Region: Wilmington
Contact Person: Jeffrey W Baran Title:
Owner: Wri Hughes LLC
Project: Harris Teeter at Surf City Crossing
Hwy 210
Surf City NC 28445
Phone:
Directions to Project:
From Wilmington north on Hwy 17 to Hwy 210 turn right onto hwy 210 go 500 yards, project is on the left
Type of Project: State Stormwater - HD - Hybrid Infiltration
Drain Areas: 1 - (Virginia Creek) (03-06-24) (SA;HQW)
2-
3
4-
5-
6-
On-Site Representative(s):
Related Permits:
SW8050502 Lowes Home Centers Inc - Lowes Surf City
Inspection Date: 05/07/2010 Entry Time: 02:00 PM Exit Time: 03:00 PM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Aisha H Lau
Reason for Inspection: Complaint Inspection Type: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Ext.7317
Phone:
Page: 1

Permit: SW8090310 Owner - Project: Wri Hughes LLC
Inspection Date: 05/07/2010 Inspection Type: Complaint Reason for Visit: Complaint
Inspection Summary:
The following deficiencies were noted during the inspection:
1. A copy of recorded deed restrictions was not found in the file.
2. The level spreader adjacent to Basin No. 7 on the southwest side of the project was observed as rip rap, not the
approved or alternate level spreader on the plan. The level spreader adjacent to Basin No. 1 was installed about 90
degrees rotated from the approved plan. The level spreader adjacent to Basin No. 10 is not installed. The inlet at OP #1
appeared to be a drop inlet not shown on the approved plan.
3. Infiltration basins (No. 1-7, 10 & 11) are being used as sediment basins. Most of the basins are clogged with sediment
and not functioning. Basins 10 & 11 have had a blowout of the forebay sections. The vegetated filter adjacent to Basin
No. 1 is not vegetated at all. The vegetated filter adjacent to Basin No. 7 is channelized. The slope adjacent to the
'smartbox' at Basin No. 6 is eroded.
To bring this system into compliance, the following must be completed:
1.Submit a copy of recorded deed restrictions to this Office.
2. Install either the primary or alternate level spreaders adjacent to Basin No. 7 and Basin No. 10.
3. Submit a plan modification to address the location of the level spreader adjacent to Basin No. 1 and the drop inlet at
OP#1.
4. Clean out all infiltration basins that are clogged with sediment.
5. Repair and maintain the vegetated filters to be adequately vegetated with the temporary or permanent seeding
requirements of the NC Erosion and Sediment Control Planning and Design Manual.
6. Immediately repair any areas of erosion.
NOTE: Permit conditions state that prior to occupancy of the facility and prior to operation as a stormwater treatment
device, the infiltration basins must be restored to design condition.
If you have questions, please contact me at 910-796-7317.
Page: 2

Permit: SM090310 Owner - Project: Wri Hughes LLC
Inspection Date: 0&07/2010 Inspection Type: Complaint Reason for Visit: Complaint
File Review
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: A copy of recorded deed restrictions was not found in the file.
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: The level spreader adjacent to Basin No. 7 on the southwest side of the
project was observed as rip rap, not the approved or alternate level spreader on the
plan. The level spreader adjacent to Basin No. 1 was installed about 90 degrees
rotated from the approved plan. The level spreader adjacent to Basin No. 10 is not
installed. The inlet at OP #1 appeared to be a drop inlet not shown on the approved
plan.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
■ ❑ ❑ ❑
❑ ❑ ■ ❑
■❑00
❑ ■ ❑ ❑
Yes No NA NE
00110
❑ ®❑ ❑
Yoe Nn NA NF
❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: Infiltration basins (No. 1-7, 10 & 11) are being used as sediment basins.
Most of the basins are clogged with sediment and not functioning. Basins 10 & i 1 have
had a blowout of the forebay sections. The vegetated filter adjacent to Basin No. 1 is not
vegetated at all. The vegetated filter adjacent to Basin No. 7 is channelized. The slope
adjacent to the'smartbox' at Basin No. 6 is eroded.
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ■ ❑ ❑
Comment: It appears that sediment has left the project area and has entered a
wetland at the southwest corner of the project.
Page: 3

CD i ■
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INC DENR - Division of Water Quality
Surface Water Protection Section
127 Cardinal Drive Extension -
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12 W12e�

�rA
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 13, 2010
CERTIFIED MAIL #7008 1140 0002 9561 9548
RETURN RECEIPT REQUESTED
Mr. Jeff Baran, Manager
WRI-Hughes LLC
6409 Westgate Rd.
Raleigh, NC 27617
Subject: NOTICE OF VIOLATION, NOV-2010-PC-0569
Surf City Crossing — Harris Teeter
Stormwater Permit No. SW8 090310
Pender County
Dear Mr. Baran:
Dee Freeman
Secretary
On May 7, 2010, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located off NC Hwy 210, 500 yards from the
intersection of Hwy 17, in Surf City, Pender County, North Carolina. The inspection was
performed to determine the status of compliance with Stormwater Permit Number SW8
090310, issued to you on May 5, 2009.
The project has been found in violation of Stormwater Permit Number SW8 090310,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Failure to build according to the approved plan. The inspection revealed the
level spreader adjacent to Basin No. 7 on the southwest side of the project
was rip rap, not the approved or alternate level spreader detailed on the plan;
the level spreader adjacent to Basin No. 1 was installed 90 degrees rotated
from the approved plan; the level spreader adjacent to Basin No. 10 was not
installed; and the inlet at Out Parcel (OP) #1 appeared to be a drop inlet not
shown on the approved plan.
Permit conditions require that 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.
2. Failure to Maintain the Stormwater System. At all times, the permittee shall
provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX [phone] Customer Service: 1-877-623-6748 � 1/1Y1�
Internet vrww.ncwaterquality.org ���E��r��j.Q�i �
An Equal Oppoftnity 1 Affirmative Action Employer `y

Mr. Jeff Baran
Surf City Crossing Harris Teeter
Stormwater Permit No. SW8 090310
It was observed that maintenance including installation of adequate
vegetation of the vegetated filters, slope erosion and removal of accumulated
sediment in the infiltration basins were not being conducted.
As stated in the permit, the approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the scheduled intervals,
including, but not limited to:
• Inspections, semi-annual
• Sediment Removal
• Mowing and re -vegetating of side slopes and the vegetated filters
• Immediate repair of eroded areas
• Maintenance of the side slopes in accordance with the approved plans
and specifications
• Debris removal and unclogging of the bypass structure, infiltration
media, flow spreader, catch basins, piping and vegetated filter.
• A clear access to the bypass structure and all components of the
system must be available at all times.
3. Failure to provide a copy of recorded deed restrictions. A file review revealed
that this office has not received a copy of the recorded deed restrictions.
Permit condition states that a copy of the recorded deed restrictions must be submitted
to the Division within 30 days of the date of recording the plat, and prior to selling lots.
To correct these violations you must:
1... Provide a written "Plan of Action" which outlines the actions you will take
to correct the violation(s) and a time frame for completion of those actions,
on or before June 14, 2010.
2. Submit a plan modification to address the location of the level spreader
adjacent to Basin No. 1 and the drop inlet at OP#1.
3. Clean out all infiltration basins of accumulated sediment.
4. Install level spreaders according to the approved plan.
5. Immediately repair any areas of erosion.
6. Repair and maintain the vegetated filters to be adequately vegetated with
the temporary or permanent seeding requirements of the NC Erosion and
Sediment Control Planning and Design Manual.
Page 2 of 3

Mr. Jeff Baran
,Surf City Crossing — Harris Teeter
Stormwater Permit No. SW8 090310
7. Submit a copy of the recorded deed restrictions to include the deed book
number and page, and the stamp/signature of the Register of Deeds to
this Office.
Failure to provide the "Plan of Action" by June 14, 2010, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Pender County Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Angela Hammers at 910-
796-7215.
Sincerely,
Georgette Scott,
Stormwater Supervisor
Surface Water Protection Section
GSlakh: S:IWQSISTORMWATERINOTICE1090310.may10
Enclosures: Inspection Report
cc: John Hennessy- NPSACOU
Georgette Scott, DWQ-WiRO
M. Floyd Adams, PE, (The Adams Company)
Pender County, Building Inspections
Trent James, DLQ-WiRO; Joanne Steinhaus, DWQ-WiRO;
WiRO Files; Angela Hammers; DWQ Central Files
Page 3 of 3