The URL can be used to link to this page

Home My WebLink AboutSW8071220_Noitce of Violation_20210629ROY COOPER Governor DIONNE DELLI-GATTI Secretory BRIAN WRENN Director June 24, 2021 NORTH CAROLINA Environmental Quatlty CERTIFIED MAIL. #7014 2120 0000 8055 4119 RETURN RECEIPT REQUESTED Vanguard Properties of NC, LLC, Permittee Attn: Mr. Tim Smith, President/Manager 100 Weston Estates Way Cary, NC 27513-2259 RFCFIN/F-fD JUN 29 2021 DENR-LAND QUALITY STORM IATER PERMITTING CERTIFIED MA , #7014 2120 0000 8055 4126 RETURN RECEIPT REQUESTED Middle Sound Partners, LLC, Financially Responsible Party for Land Disturbing Activity Middle Sound Partners, LLC Attn: Mr. Thomas Jordan Rawl, Manager and Agent 2030 Eastwood Road Suite 5 Wilmington, NC 28403 Subject: NOTICE OF VIOLATION, NOV-2021-PC-0327 Middle Sound Marina Stormwater Permit No. SW8 071220 New Hanover County Dear Gentlemen: On June 24, 2021, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources (DEMLR) performed a File Review Inspection of the subject project, located along Middle Sand Loop Road, New Hanover Canty, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 071220, first issued to Vanguard Properties of NC, LLC on January 17, 2008 and corrected on May 25, 2021. The project has been found in violation of Stormwater Permit Number SW8 071220, issued pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000. The violations found are: Failtoe to construct according to the approved plan Per Section 5 of the Permit the permittee shall construct, operate, and maintain the approved stormwater system in accordance with the permit requirements and the supporting documents. In addition, per Section 6, 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. Per discussions with residents and per measurements on Google Earth, each of the three homes appears to be over the 2,060sf of impervious area approved for each residential lot 2. Failure to certify the stormwater system. Per Section 7 of the Permit, upon completion of the project, the permittee must certify in writing that the projects stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project An administrative review of the file revealed that this Office has not received the Certification. 3. Failure to Upyide recorded deed restrictions. Per Section 4(b) of the Permit, a copy of the recorded deed restrictions was required to be submitted. Stuart Smith of Vanguard Properties of NC, LLC signed the Low Density Residential Deed Restrictions form on December 11, 2007 indicating that he would record the required restrictions which would limit the impervious area per lot to 2,060sf. An administrative review of the file revealed that this Office has not received the recorded deed restrictions. Aft North Carolina Department of Environmental Quality I Division of Energy, Mineral and Lard Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmingmrt North Carolina 28405 �� 910.796.7215 State Stormwater Permit No. SW8 071220 Page 2 of 2 4. Failure to ObtaimTrawfer a State Stormwater Permit. Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit for development activities within the 20 coastal counties that require a Coastal Area Management Act (CAMA) Major Permit or an Erosion and Sedimentation Control Plan. The inspection and DEMLR file review found that per New Hanover County's land disturbance file number GP 60-07, the financially responsible party for the land disturbance was Middle Sound Partners, LLC on March 17, 2015. The common area is currently owned by Middle Sound Marina Association, Inc. Per Section 10 of the permit, the permit is non-transferrable. The permit needs to be transferred to the appropriate entity. To correct these violations: 1. You must submit the recorded deed restrictions. 2. You must submit the certification. If the project cannot be certified because it is overbuilt, you must apply for a permit modification per Section 6 of the permit 3. You must apply for a permit transfer. Please provide a "Schedule of Compliance" by July 26, 2021 to DEMLR that states how and when these violations will be corrected. If we do not receive your plan of action by this date you will be in violation of 15A NCAC 2I1.1000, which could result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the New Hanover 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 Kelly Johnson at (910)-796-7335. Sincerely, CIA-. ?W .q.Brian Wrenn, Director Division of Energy, Mineral, and Land Resources Enclosures: Compliance Inspection Report DES\kpj: \\\Stormwater\Permits & Projects\2007\071220 LD\2021 06 NOV 071220 cc: Mr. David S. Morris, Registered Agent; Vanguard Properties of NC, LLC 100 Weston Estates Way; Cary, NC 27513 Mr. Howard Resnick PE, CSD Engineering 3805 Cherry Avenue, Wilmington, NC 29403 Mr. John Andrews, President, Middle Sound Marina Association, Inc. PO Box 1274, Wrightsville Beach NC 28403 Inspector New Hanover County Building Inspections Annette 1 ucas, PE; DEMLR Wilmington Regional Office Stormwater File D_Nw Q�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 �� + —d�zlll-� 910.796.7215 Compliance Inspection Report Permit: SW8071220 Effective:01/17/08 Expiration: Project: Middle Sound Marina Owner: Vanguard Properties of North Carolina LLC County: New Hanover Region: Wilmington Adress: 2103 Middle Sound Rd City/State/Zip: Wilmington NC 28412 Contact Person: Stuart Smith Title: Phone: Directions to Project: From intersection of US 74 and US 17 travel north on US 17. Turn right onto Middle Sound Loop Rd., travel on Middle Sound Loop for approx. 3.0 miles, site is on the right. Type of Project: State Stormwater - Low Density Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 06/24/2021 Entry Time 10:30AM Primary Inspector: Kelly Johnson Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Exit Time: 12:OOPM Phone: 910-796-7331 Inspection Type: Compliance Evaluation page 1 Permit SW8071220 Owner - Project: Vanguard Properties of North Carolina LLC Inspection Date: 06/24/2021 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: To correct the deficiencies you must: 1. Submit a copy of the recorded deed restrictions required by the permit. 2. Submit the certification required by the permit. 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: Certification is needed. Recorded deed restrictions are needed. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: The certificaiton is needed to verify these items. 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 certification is needed to verify these items. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ upon request? Comment: Yes No NA NE ■❑❑❑ ❑■❑❑ ■❑❑❑ ❑ ■❑❑ Yes No NA NE ❑ ❑❑N ❑ D❑■ ❑❑D■ Yes No NA NE ❑ ❑❑■ ❑ ❑❑N Yes No NA NE ❑❑❑N ❑ ❑❑■ page 2