SW8970105_COMPLIANCE_20110207 (2)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 97 Ol 05
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
aCOMPLIANCE EVALUATION INSPECTION
DOC DATE
2011 02 07
YYYYMMDD

KUSKE3 ENGINEERING, PLLC
JOHN A. KUSKE, III, P.E.
321 SOUTH KERR AVENUE, NO. 1 15 • WILMINGTON, NC 28403 • LICENSE No. P-0909 • (P) 910-471-4041 • [e-mail]
STORMWATER CONTROL MEASURE SITE OBSERVATION REPORT
SMITH CREEK STATION
STORMWATER CONTROL MEASURE POND 1 AND POND 2
NC DEQ MASTER STORMWATER PERMIT SW8 970105
WILMINGTON, NC
NEW HANOVER COUNTY
K3 PROJECT NO. 20004
1. Day, Date, Site Location and Weather Conditions:
• Wednesday October 7, 2020
Smith Creek Station Shopping Center
850 F, Clear
2. Civil Engineer:
• John A. Kuske, III, P.E.
Kuske3 Engineering, PLLC
3. Site Observation Report:
Note: A site visit was conducted on Wednesday October 7, 2020 to visually observe
Smith Creek Station Stormwater Control Measure Pond 1 and Pond 2 permitted
under NC DEQ Master Stormwater Permit SW8 970105. The Site Observation
Report is limited to visually observation of SCM Pond 1 and Pond 2 only.
The following items were visually observed during the site visit:
• Pond 1 was observed to be in substantial compliance with the approved plans
and NC DEQ Master Stormwater Permit SW8 970105.
• Pond 2 was observed to be in substantial compliance with the approved plans
and NC DEQ Master Stormwater Permit SW8 970105. ,,,000e00000a _
By: John A. Kuske, III, P.E.
l01Wq '�-
►r r:

NEW HANOVER COUNTY
Engineering Department/Water and Sewer District
ent Center Drive • Suite 160
n, North Carolina 28403
'HONE (910)-798-7139
ix [phone]
March 14, 2011
PCJ Ventures, LLC
101 Portwatch Way,
Wilmington. North Carolina 28412
Beth E. Wetherill, C.P.E.S.C.
Soil Erosion Specialist
RE: Notice of Violation of Land Disturbing Activity
Grading Permit Number: 99-96 Revision Port City Java R Smith Creek Station
132 Racine Drive, Unit B5
Location/Description of Violation(s): Work began onsite without notifying New
Hanover County's land disturbing staff of the date the activity would begin, without
having the required preconstruction meeting and you have failed to follow the
approved plan and permit conditions by not installing the erosion control
measures.
Dear Mr. Steven Schnitzler:
This letter constitutes Notice of Violation of Section(s) 23-235 (a), Section 23-
236(b), Section 23-243 and Section 23-2486) of the New Hanover County's Soil Erosion
and Sedimentation Control Ordinance. Please refer to Section(s) 23-250 (a), Section 23-
250 (b), Section 251 and Section 252 for the penalties, corrective measures and times to
comply prescribed by New Hanover County's Soil Erosion and Sedimentation Control
Ordinance.
Section 23-235 General requirements
(a) Plan required. No person shall initiate any land disturbing activity which uncovers
more than one acre, without having an erosion control plan approved by the county. No
land disturbing activity may be initiated until the county is notified of the date that the
land disturbing activity will begin.
Section 23-236 Basic control objectives
(b) Preconstruction conferences are required prior to any land disturbing activity on a
proiect.
,f
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Section 23-243 Responsibility for maintenance
During the development of a site, the person conducting the land disturbing activity shall
install and/or maintain all temporary and permanent erosion and sedimentation control
measures as required by the approved Plan, permit conditions or any provision of this
Ordinance, the Act, or any order adopted pursuant to the Ordinance or the Act. After site
development, the land owner or person in possession or control of the land shall install
and/or maintain all necessary permanent erosion and sediment control measures, except
those measures installed within a road or street right of way or easement accepted for
maintenance by a governmental agency.
Section 23-248 Erosion and sedimentation control plans
6) Any person engaged in land disturbing activity who fails to file a Plan in accordance
with the Ordinance or who conducts a land disturbing activity except in accordance with
provisions of an approved Plan and/or the permit conditions shall be deemed in violation
of this article.
Section 23-250 Inspections and investigations states,
(a) Agents and officials, or other qualified persons authorized by the county, will
periodically inspect the sites of land disturbing activity to ensure compliance with the Act,
this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to
determine whether the activity is being conducted in accordance with the Plan and
whether the measures required in the Plan are effective in controlling erosion and
sediment resulting from land disturbing activity. Notice of the right to inspect shall be
included in the notification of Plan approval.
(b) If through inspection it is determined that a person engaged in land disturbing activity
has failed to comply with the Act, this Ordinance, or rules or orders adopted or issued
pursuant to this Ordinance, or has failed to comply with an approved Plan or permit
conditions, a notice of violation shall be served upon that person by registered or certified
mail or other means reasonably calculated to give actual notice. The notice shall set forth
the measures necessary to achieve compliance with the Plan, specify a reasonable time
period within which such measures must be completed, and warn that failure to correct
the violation within the time period will result in additional civil and criminal penalties for
a continuing violation. However, no time period for compliance need be given for failure
to submit an erosion control Plan for approval or for obstructing, hampering or interfering
with an authorized representative while in the process of carrying out his official duties.
If the person engaged in land disturbing activity fails to comply within the time specified,
enforcement action shall be initiated.
Section 23-251 Penalties
(a) Civil penalties.
(1) Any person who violates any of the provisions of this Ordinance, or rules or
orders adopted or issued pursuant to this Ordinance, or order adopted or issued
\ pursuant to this Ordinance or the Act by the commission, or who initiates or
continues a land disturbing activity for which an erosion control Plan is required
except in accordance with the terms, conditions, and provisions of an approved

plan, shall be subject to a civil penalty. The maximum civil penalty for a violation
is $5,000.00 per calendar day. A civil penalty may be assessed from the date of the
violation. Each day of a continuing violation shall constitute a separate violation.
The person alleged to be in violation will be notified of the violation by registered or
certified mail, return receipt requested or other means reasonably calculated to
give actual notice. The notice shall describe the violation with reasonable
particularity, specify a reasonable time period within which the violation must be
corrected, and warn that failure to correct the violation within the time period will
result in the assessment of a civil penalty or other enforcement action. If, after the
allotted time period has expired, the violator has not completed corrective action, a
civil penalty may be assessed from the date of the notice of violation. However, no
time period for compliance need be given for failure to submit an erosion control
Plan for approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties.
(2) The County Manager or his designee shall determine the amount of the civil
penalty to be assessed under this subsection and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for assessing
the penalty. In determining the amount of the penalty the County Manager or his
designee shall consider the degree and extent of harm caused by the violation and
the cost of rectifying the damage, the amount of money the violator saved by
noncompliance, whether the violation was committed willfully, and the prior record
of the violator in complying or failing to comply with this article and shall direct the
violator to either pay the assessment or contest the assessment within 30 days
after the receipt of the notice of assessment, by written demand for a hearing before
the Board of County Commissioners. Notice of the assessment shall be by
registered or certified mail or other means reasonably calculated to give actual
notice.
(b) Criminal Penalties. Any person who knowingly or willfully violates any provision of
this article, or rule or order adopted or issued pursuant to this article, or who knowingly
or willfully initiates or continues a land disturbing activity for which an erosion control
plan is required except in accordance with terms, conditions, and provisions or an
approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed $5,000.00 per calendar day.
Section 23-252 Inlunctive relief
(a) Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or provision of an approved erosion
control plan, it may, either before or after the institution of any other action or proceeding
authorized by this article, institute a civil action in the name of the county, for injunctive
relief to restrain the violation or threatened violation. The action shall be brought in the
superior court of the county.
(b) Upon determination by a court that an alleged violation is occurring or is
threatened, it shall enter such orders or judgments as are necessary to abate the violation
to ensure that restoration is performed, or to prevent the threatened violation. The
institution of an action for injunctive relief under this section shall not relieve any party to
such proceedings from any civil or criminal penalty prescribed for violations of this article.

Corrective measure(s) needed and Time to Comply: Within one (1) working day of
receipt of this Notice of Violation you must set up the required preconstruction meeting.
Within 3 days of receipt of this Notice of Violation you must install the erosion control as
per the approved plan and permit conditions. Please be aware that Section(s) 23-235 (e)
and Section 23-235 (0, General Permit's states, "Any and all applicable intermediate
inspections may be held in any trade if any land disturbing activity is found not to be
incompliance with any part of this article. And Building finals and/or certifications of
occupancy may not be issued if any land disturbing activity is found not to be in
compliance with any part of this article.
A civil penalty in the amount of $5,000 has automatically been assessed for this
violation. If the deadlines for corrective measures are not met, an additional daily $5,000
civil penalty will be assessed. Once the preconstruction meeting has taken place and the
inlet protection has been correctly installed you will have the opportunity to appeal this
assessment. You can contact me at [phone] regarding the required compliance
action or to request an appeal of this Notice of Violation once the preconstruction meeting
has taken place and all repairs have been made onsite
Sincerely,
Beth Easley Wetherill
Soil Erosion Specialist
New Hanover County
cc: Chris Coudriet, Assistant County Manager
Jim Iannucci, P.E., County Engineer
Kemp Burpeau, NHC Deputy County Attorney
Mark Boyer, NHC Public Information
John Fullerton, City of Wilmington Zoning
Jo=Casmer,-N.C-DENR_W ater-Quality
John Kuske, PE
Smith Creek Retail. LLC

Permit: SW8970105 Owner- Project: Smith Creek Retail LLC
Inspection Date: 02/07/2011 Inspection Type: Compliance Evaluation
Reason for Visit: Complaint
Inspection Summary:
Part of the DWQ file was missing. Engineer provided copies of the missing documents and plans.
File Review
Is the permit active?
Signed copy of the Engineers certifcation 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: He will submit deed restrictions for the lot that is not sold.
Yes No NA NE
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Page:2

/1
Compliance Inspection Report
Permit: SW8970105 Effective: 03/26/10 Expiration: 03/11/17 Owner: Smith Creek Retail LLC
Project: Smith Creek Station
County: New Hanover Off Of Eastwood Racine Government Ctr Dr
Region: Wilmington
Wilmington NC 28405
Contact Person: Henry E Miller Title: Phone: [phone]
Directions to Project:
Approx. 0.30 miles east from intersection of Market Street and Eastwood Road.
Type of Project: Slate Stormwater - HD - Detention Pond
Drain Areas: 1 - (Smith Creek) (03-06-23 ) ( C;Sw)
2 - (Smith Creek) (03-06-23 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8071007
Hd Development of Maryland Inc - The Home Depot - Smith Creek
Station Tract No. 1 R (3rd Revision)
SW8071008
Kohl's Department Stores Inc - Kohl's Department Store
SW8070315
Eastwood Hotel Group LLC - Hampton Inn Smith Creek Station
Outparcel 1A
SW8100303
Wild Creek LLC - Buffalo Wild Wings Grill and Bar Eastwood Road
SW8000719
Clos Properties LLC - Land Rover Cape Fear
SW8000840
Stone Investments LLC- Alphagraphics Op#3
Inspection Date: 02107/2011 Entry Time: 10:00 AM Exit Time: 10:30 AM
Primary Inspector: Kelly Johnson Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
Page: 1

Oct. 5. 2007 9:36AM Lat Purser & Associates Inc. No.4414 P. 1
6600 Six Forks Road a Suite 103 • Raleigh, NC 27616
phone: 919.844,2044 • fax: [phone]
www.latpurser.com
To: David Cox From: Lisa Lewis
Fam 910-350-2004 Pages: 3
Company: NCDENR
Date: 10/5/07
Re: Notice of Violation-2007-PC-0542 Smith Creek Station
Mr. Cox
I have enclosed the accepted bid for repairs noted in the above referenced notice of violation.
Repairs will begin next week and once completed we request that the ponds are re -inspected
with Southeast Pond Stocking and I.
Should you have any questions please contact me at [phone] ext. 3 or [phone] my
cell.
Performance ftond the Promise 61nce 1961.

octe0ct. 5. 2007 9:36Ak&,Lat Purser & Associates Inc. 1(910)253-o(No.4414 P. 22
SOUTHEAST
POND
LLC
"For all your pond needs
above and below water!"
10/04107
Dear Lisa
I have spoken with David.Cox from the state about the violations and I have also
gone by and checked out the pond, and there has been damage to the forebay berm, as
well as to the outlet of pond 2. The forebay channel has eroded and is much bigger than
designed. Mr. Cox stated that we could use rip -rap to fill the gap, since the pond is
already full of water. So we will repair the area by pacing erosion fabric in the bottom of
the gap and then covering the area with rip -rap to bring it back to level.
The outlet pipe has two different types of pipe that are not sealed properly,
causing erosion around the pipe. To fix this we will have to dig out around the structure
to expose the pipe. We will then enclose the pipe junction in concrete to stop the leak,
back fill, and then dress it up with rip -rap. As well we will fill the scam in the pipe with
hydraulic cement Any disturbed area will be reseeded and covered with erosion mat
and rip -rap will be replaced around the outlet. I also recommend adding some additional
rip -rap to the two inlet structures. The eroded areas of ponds 1 & 2 will be repaired by
bringing in topsoil to level the area and allow a place for the grass to get hold. The area
will be seeded with coastal lawn mix and then covered with excelsior erosion control
mat. If you would prefer that we use sod add $1,200.00 to the quote below.
On pond 1, the state mentioned that the forebay berm could not be seen and it
cannot be seen even though the pond level is quite low. The violation report marks this
as not evaluated and did not require a fix to be in compliance with this violation report.
We might want to consider doing this in the future to avoid a potential violation. To
repair this we can add riprap onto the existing berm to bring the berm up to the normal
pond level. As well, you mention re -designing the inlet on pond 2. Again this would
be a good idea to correct but was not required and I do feel with the repair with rip -tap
will stop the erosion. If you would like a quote for either of those let me know, but it is
not a require fix in this violation report.
If you would like us to do the work we should be able to start within 1 week of
receipt of a deposit check, which for this job would be 25% down and the rest within )5
days of completion. It will rake approximately 2 days to complete the major repair work,
and maybe another day or 2 to get all the erosion spots fixed. Also, I will pick the trash
and clean the outlets, etc. as soon as you say go (no deposit necessary).

Oct COct. 5. 2007 9:36AW... k,Lat Purser & Associates Inc. 1(910)253-0(No•4414 P. 33
The cost for this process is as follows:
Pipe & Berm repair
(equip.& labor) $2,500.00
Rip -rap, grass seed, staples
erosion mat, erosion fabric
topsoil $4,500.00
Labor $1,000.00
Tax _M03.75
Total Repair
$8,303.75
Let me know if you would like me to proceed. Please let me know if you have any
questions.
Thank you,
Rick Stuckman, manager t
Southeast'Pond Stocking, Ilc
11090 Hwy 421 North
Currie, NC. 28435
Of -Tice & fax: 910,253.7880
farm: 910.283,1428
seoondsQ..minds r�ina.com
www.seponds,com
[0 J'�Jor -

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127 Cardinal Drive Extension
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m
"HIMIM

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
September 5, 2007
CERTIFIED MAIL #7006 0810 0004 4480 9308
RETURN RECEIPT REQUESTED
Mr. Gene Miller
Smith Creek Station, LLC
P.O. Box 42
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION/ Notice of Intent to Enforce
NOV-2007-PC-0542
Smith Creek Station
Stormwater Permit No. SW8 970105
New Hanover County
Dear Mr. Miller:
On August 14, 2007, Pat Durrett performed a Compliance Inspection of the subject project,
located Home Depot off of Racine Dr, Wilmington, New Hanover County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Permit
Number SW8 970105, issued to you on March 11, 1997.
The project has been found in violation of Stormwater Permit Number SW8 970105, issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Violations of State Stromwater Permit No. SW8 970105 (Section II (3) (c, d, e, & f)):
The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at optimum efficiency. 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:
C. Mowing and revegetafion of side sloped.
D. Immediate repair of eroded areas.
E. Maintenance of side slopes in accordance with approved plans and specifications;
F. Debris removal and unclogging of out
structure, once device and catch basins and
piping.
On the inspection date it was noted that in pond #2 the forebay berm between the forebay and
the main pond has been "blown -out'. This was noted in inspections of June 2004 and
January 2006 and to date, it has not been repaired. There was also some moderate erosion
on the sideslopes of pond# 1 & #2 as well as debris on the trash rack and inlet ports of the
outlet structure. The outlet structure of pond #1 was filled with excessive trash and algae and
the orifice was plugged causing high water levels in the pond. Due to the high water levels,
the condition of the berm between the forebay and main pond could not be determined.
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 October 5, 2005.
Repair the berm between the forebay and main pond and bring it back to original approve
specifications. hCarolina
Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Regded/10% Post Consumer Paper

Date: September 5, 2007
Project Name: Smith Creek Station�
Stormwater Permit No. SWS 970105
Failure to provide the "Plan of Action" by October 5, 2007 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 and criminal penalties, pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter, please call David Cox at [phone].
Edward Beck
Regional Supervisor
Surface Water Protection Section
EB:Adwc S:AWQS\STORMWAT\NOTICE\970105Sept07
cc: Beth Wetherill (NH County Engineering Dept)
Shelton Sullivan (NPS Assistance & Compliance)
David Cox (DWQ)
WiRO files

HIGH DENSITY
-= - - - STATE-STORMWATER INSPECTION -REPORT
Project Name: Smith Creek Station Permit No: SW8970105 Expiration date: 3/11/07
Contact Person: Gene Miller Smith Creek Station LLC P.O. Box 42 Wrightsville Beach, NC 28480 Phone No:
County: New Hanover Center of Project GPS: Lat: 340 14' 33.8"N Long: 770 51' 53.5 "W
Facility Address: Racine Dr. City: Wilmington Zip: 28405
(If multiple basins exist, specify basin(s): Pond # 1 (north end of Home Depot Pond # 2 off of Racine next to Kohls & Home
Dermot
Entry time: 10:30 am ® pm ❑ Exit time: 11:10 am ❑ pm ❑ Date: 8/14/07
Method of Treatment: (check one) ® Wet Detention ❑ Dry Detention ❑ Bioretention ❑ Wetland ❑ Sandfilter ❑ Swale
❑ Pocket Wetland ❑ Level Spreader ❑ Permeable Pavement ❑ Infiltration Basin Other: ❑
Receiving Waters: UT to Spring Branch & Smith Creek . Classification: C-Sw River Basin: Cape Fear
GENERAL QUESTIONS FILE REVIEW
1. A signed copy of the Engineer's certification is in the files:
2. A signed copy of the Operation & Maintenance Agreement is in the files:
3. A copy of the recorded deed restrictions is in the files:
SITE VISIT
1. Drainage area is consistent with the permit:
2. Built -upon area to drainage area is consistent with the permit:
3. All built -upon area (as permitted) is graded such that the runoff drains to the system:
4. The outlet structure is located per the approved plans:
5. The trash rack is provided on the outlet/bypass structure:
6. The trash rack is free of debris and excess trash:
7. All slopes are grassed with permanent vegetation:
8. Vegetated slopes are no steeper than 3:1
9. The inlets are located per the approved plans and do not cause short-circuiting of the system:
YES NO NA NE
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YES NO NA NE
10.
Access points are dear and well maintained:
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Forebay is free of excessive sediment:
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Banks are stable with no erosion present:
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Vegetation and trash have been removed as needed:
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Drawdown device is correctly sized per the approved plans:
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Grass is mowed (not scalped) as required:
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All required parts of the system are provided (such as vegetated shelf and a forebay):
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The swale or outlet bypass is in the correct place and is in good condition:
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Vegetated shelf is 6:1 and properly vegetated:
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Invasive species/tree control is provided as needed
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Tree pruning, mulch and plant replacement are provided as needed in the bioretention basin:
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Permeable pavement has had regular sweeping and vacuuming:
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Gravel replacement is performed as needed:
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Excessive landscape debris (grass clippings, leaves, & sediment) are controlled:
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Large stemmed vegetation is kept off of the level spreader:
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Sediment and debris is removed from behind the lip of the level spreader on a routine basis:
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Maintenance records are available for inspection:
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19

HIGH _DENSITY
STATE STORMWATER INSPECTION REPORT
Project Name: Smith Creek Station Permit No: SW8970105 Expiration date: 3/11/07
Contact Person: Gene Miller Smith Creek Station, LLC P.O. Box 42, Wrightsville Beach, NC 28480 Phone No:
County: New Hanover Center of Project GPS: Lat: 34° 14' 33.8"N Long: 770 51' 53.5 "W
Facility Address: _ Racine Dr. City: Wilmington Zip: 28405
(If multiple basins exist, specify basin(s): Pond # 1 (north end of Home Depot Pond # 2 off of Racine next to Kohls & Home
Depot
Entry time: 10:30 am ® pm ❑ Exit time: 11:10 am ® pm ❑ Date: 8/14/07
Method of Treatment: (check one) ® Wet Detention ❑ Dry Detention ❑ Bioretention ❑ Wetland ❑ Sandfilter ❑ Swale
❑ Pocket Wetland ❑ Level Spreader ❑ Permeable Pavement ❑ Infiltration Basin Other: ❑
Receiving Waters: UT to Spring Branch & Smith Creek . Classification: C-Sw River Basin: Cape Fear
GENERAL QUESTIONS FILE REVIEW
YES NO NA NE
1. A signed copy of the Engineer's certification is in the files:
®
❑
❑
❑
2. A signed copy of the Operation & Maintenance Agreement is in the files:
®
❑
❑
❑
3. A copy of the recorded deed restrictions is in the files:
®
❑
❑
❑
SITE VISIT
1.
Drainage area is consistent with the permit:
®
❑
❑
❑
2.
Built -upon area to drainage area is consistent with the permit:
®
❑
❑
❑
3.
All built -upon area (as permitted) is graded such that the runoff drains to the system:
®
❑
❑
❑
4.
The outlet structure is located per the approved plans:
®
❑
❑
❑
5.
The trash rack is provided on the outlet/bypass structure:
®
❑
❑
❑
6.
The trash rack is free of debris and excess trash:
❑
®
❑
❑
7.
All slopes are grassed with permanent vegetation:
®
❑
❑
❑
8.
Vegetated slopes are no steeper than 3:1
®
❑
❑
❑
9.
The inlets are located per the approved plans and do not cause short-circuiting of the system:
®
❑
❑
❑

YES NO 1A NE
10.
Access points are clear and well maintained:
®
❑
❑
❑
11.
Forebay is free of excessive sediment:
❑
❑
❑
12.
Banks are stable with no erosion present:
❑
®
❑
❑
13.
Vegetation and trash have been removed as needed:
❑
®
❑
❑
14.
Drawdown device is correctly sized per the approved plans:
®
❑
❑
❑
15.
Grass is mowed (not scalped) as required:
®
❑
❑
❑
16.
All required parts of the system are provided (such as vegetated shelf and a forebay):
®
❑
❑
❑
17.
The Swale or outlet bypass is in the correct place and is in good condition:
❑
❑
❑
18.
Vegetated shelf is 6:1 and properly vegetated:
®
❑
❑
❑
19.
Invasive species/tree control is provided as needed
❑
❑
®
❑
20.
Tree pruning, mulch and plant replacement are provided as needed in the bioretention basin:
❑
❑
®
❑
21.
Permeable pavement has had regular sweeping and vacuuming:
❑
❑
®
❑
22.
Gravel replacement is performed as needed:
❑
❑
®
❑
23.
Excessive landscape debris (grass clippings, leaves, & sediment) are controlled:
❑
❑
®
❑
24.
Large stemmed vegetation is kept off of the level spreader:
❑
❑
®
❑
25.
Sediment and debris is removed from behind the lip of the level spreader on a routine basis:
❑
❑
®
❑
26.
Maintenance records are available for inspection:
❑
❑
❑

COMMENTS: (each NO answer should have a comment)
Several items of concern were noted during the inspection. They are as follows:
1. Pond #2's forebay berm does not go across the entire pond as shown in the plans. This item was addressed in letters to you
dated June 28, 2004 and January 13, 2006. You indicated in a fax to Gary Beecher on Feburary 13, 2006 at that time that the
deficiency would be taken care of. To date, it has not been addressed. You should at once, inspect the forebay and berm. It must
be repaired and returned to the original approved specifications.
2. In the same notice, you were advised to repair the hole behind the outlet box by filling it in then stabilizing it with either grass
or sod. The repair appeared to be made by filling the hole in with large rock or riprap. This is acceptable, however, frequent
inspection should made to be sure that it does not erode any further.
3. There is some moderate erosion on the sideslopes of pond #2 that should be repaired.
4. The outlet structure should be kept clear and free of trash and debris.
S. Pond #1 had some mild to moderate erosion that should be repaired.
6. The status of the forebay and berm could not be determined. Flows were relatively high given the extremely dry and hot
conditions we have been experiencing. The pond should be designed to drawdown within 2-5 days of the rainfall event. This is
usually indicative of a blocked orifice.
7. The outlet structure had a reduced flow going through it due to the orifice being partially plugged. This should be inspected
and kept clean and free of excessive trash and debris.
B. Inside the outlet structure was filled with excessive trash and algae.
Provide Pictures of site (insert here):
out in pond #2
moderate erosion on embankment and sideslopes

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Feb.13. 2006 9:16PM Lat Purser & Associates Inc.
, • J
I
No.0666 P. 1
6600 Six.Forks Road • Suite 103 • Raleigh, NC 27615
phone: [phone] • fax: [phone] Fax
www.latpurser.com
To: From: Mark Pitney
Fax: , C �� —J--y Zb 0 Y- Pages: i —
Company. Date:
Re: Pr fcl 910loT—
Perfoimanee Beyond the Promise Since 1961.

n
Feb. 13. 2006 9:17PM Lit Purser & Associates Inc,
No.0666 P. 2
Lat i Mrw
am W NI' - 1
6600 Six Forks Road February 13, 2006
Suite 103 Mr. Gary Beecher
N.C. Division of Water Quality
Raleigh 127 Cardinal Drive
North Carolina Wilmington, N.C. 28405
27615
Re: Notice Of Inspection
Telephone: Smith Creek Station
919saa 20sa Property # SW6 970105
Facsimile:
919.8aa.2042 Dear Gary,
In response to your notice of inspections, copy attached, I can report to you
Charlotte that as of this date we just received and accepted a proposal to make the
Jacksonville necessary repairs as noted. Since Glen Garrett, Retention Pond Services,
Is not in town today we will not be able to verify to you the date when these
Orlando repairs will be made. He will be in the office tomorrow and will send you
Raleigh confirmation at that time.
COMMERCIAL Please call me 9 you need any other information in responds to this matter,
Thank you.
REAL ESTATE:
Development Services
Property Management
Sincerely,
Retail Services 7
Office Services
Commercial Brokerage
Pitney

Og/OFeb. 13. 20065 9.17PtA 91(L1t Purser & Associates Inc. stall
No.0666 P. 3002/003
Mr. Gene Miller
Smith Creek Station, LLC
Post Office Box 42
Wrightsville Beach, NC 28480
9111 �-- / DO I If
Michael r. Earley, coventii5
William G. Ross Jr., Seaemy
North Cana Deparnent of Environment and Naeval Resources
January 13, 2006
NOTICE OF INSPECTION:
Smith Creek Station
Stormwater Project No. SW8 970105
New Hanover County
Dear Mr. Miller.
Alan W. Klime7, P. E. Dlreclor
Division of Water Quality
Coleen H. Sullins, 0oouty Director
Division al Water Quality
RECEIVED
JAN ? 6 2005
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of.a recent inspection of the
projecea stormwater controls conducted on January 12, 2006 to determine compliance
with Stormwater Permit Number SW8 $70105 issued on June 15, 2000.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before February 13, 2006 of the specific actions that
will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Gary Bdedlher
Environmental Technician
EB/ghb: S:IWQSISTORMWATIINSPECT1970105.Jan06
cc:dast�r�t
Wilmington Regional OHlce
Beth Wetherill (New Hanover County Inspections)
Danny Smith (NPS Assistance & Compliance Unit)
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 796.7z15 customer Setvim
Wllrrdngton Regional Office Wilmington. Ne 2eatis (910) 350.200d Fax 1-a77.6236748

02/OFeb. 13. _20065 9.17Pq 91iLat Purser ..& .Associates Inc. Stall No.1666 1. �001/003
NORRIS, KUSKE & TUNSTALL John S. Tunstall, P.E. J. Phillip Norris, P.E.
Kent P. Harrell, CONSULTING ENGINEERS, INC. James T. Pyrife, E. JohnJ.A. A. Kumke, P.E.
902 Market Street • Wi mirgton, NC 2NOl-4733 a Phone [phone] • Fax [phone]
E-Mall: offKe Znkeeng.com
LETTER OF TRANSMITTAL
To: Usa Lewis
Date: February2, 2006 Job No. 97112, 00121 &
03116
subject: Smith Creek Station Stormwater Permit
SW8 97010S
Wilmington, NC
WE ARE SENDING YOU VIA FAX
® ATTACHED ❑ UNDER SEPARATE COVER
SHOP DRAWINGS
O ❑ PRINTS ❑ TRACINGS
❑ SPECIFICATIONS ❑ DISKS Q COPY OF LETTER
F�(jCltue(RA#"SMIT -fi mwiit liti3jlABER OF i"�ACsE '
CMG T C(
tecettrt s n „Y�b` REM
COPIES
DATE
NO.
DESCRIPTION
1
01-13-06
Copy of Stonnwater Compriance Inspection Report from Gary Beecher @ DENR
0 AS REQUESTED
® FOR YOUR USE
❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL
❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS:
Hank Miller asked that I fax this to you and for you to give him a call. Thanks,
CC: sIGwD John A. Kuske, III, P.E. / asn
CONFIDENTIAL AND PRIVILEGED: Information contained In this document is privileged and confidential, Imended for the soleuse of the
addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination,
distribution or copying of this document is strictly prohibited. If you have received thts document In error ptoeee Immediately notify the sender and
return to the address above.

OE/OFeb. 11 20065 9:174A 91(Lat Purser & Associates Inc. stall
No.0666 P. 5003/003
STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Smith Creek Station
Project Number: 970105 Control Measure:
Water Body: Smith Creek Classification:
Directions to site: Racine Drive in Wilmington
2. Inspection Date: January 12, 2006
Weather Conditions: Warm & Dry (70's)
3. Compliance Issues:
Smkh Creek Station
SW 970105
January 13, 2006
Wet Pond
"C SW'
(a) The Stormwater Pond in general looks pretty good. Slopes are well grassed
and not eroding. The outlet structure has a large hole behind the outlet box. It
also appears that a section of the fore -bay has been blown out. .
4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) Repair the halo behind the outlet box. The hole must be filled then stabilized
with either grass or sod.
(b) Inspect the fore -bay of the pond to insure that it is still intact If a section has
blown out, it must be repaired to meet the original permitted requirements for
the pond.
Inspector. Gary Beecher
Water Quality/Wilmington Regional Office: [phone]
EB/ghb: S:\WQS\STORMWAT\INSPECT\970105.Jan06
4

Michael R Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7
r
1
T
January 13, 2006
Mr. Gene Miller
Smith Creek Station, LLC
Post Office Box 42
Wrightsville Beach, NC 28480
NOTICE OF INSPECTION:
Smith Creek Station
Stormwater Project No. SW8 970105
New Hanover County
Dear Mr. Miller:
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on January 12, 2006 to determine compliance
with Stormwater Permit Number SW8 970105 issued on June 15, 2000.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before February 13, 2006 of the specific actions that
will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Gary 136edher
Environmental Technician
EB/ghb: S:\WQS\STORMWAT\INSPECT\970105.Jan06
cc: John Kuske(Andrew & Kuske)
Wilmington Regional Office
Beth Wetherill (New Hanover County Inspections)
Danny Smith (NPS Assistance & Compliance Unit)
N. C. Division Water Quality 127 Cardinal
;A
of Drive Extension [phone]
Customer Service �
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
1-877-623-6748 NUDEN-

Smith Creek Station
SW 970105
January 13, 2006
STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Smith Creek Station
Project Number: 970105 Control Measure: Wet Pond
Water Body: Smith Creek Classification: "C SW"
Directions to site: Racine Drive in Wilmington
2. Inspection Date: January 12, 2006
Weather Conditions: Warm & Dry (70's)
3. Compliance Issues:
(a) The Stormwater Pond in general looks pretty good. Slopes are well grassed
and not eroding. The outlet structure has a large hole behind the outlet box. It
also appears that a section of the fore -bay has been blown out.
4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) Repair the hole behind the outlet box. The hole must be filled then stabilized
with either grass or sod.
(b) Inspect the fore -bay of the pond to insure that it is still intact. If a section has
blown out, it must be repaired to meet the original permitted requirements for
the pond.
Inspector: Gary Beecher
Water Quality/Wilmington Regional Office: [phone]
EB/ghb: S:\WQS\STORMWAT\INSPECT\970105.Jan06
2

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 28, 2004
Mr. Gene Miller
Smith Creek Station, LLC
PO Box 42
Wrightsville Beach, NC 28480
NOTICE OF INSPECTION
Smith Creek Station
Stormwater Project No. SW8 970105
New Hanover County
Dear Mr. Miller:
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on April 29, 2004 to determine compliance with
Stormwater Permit Number SW8 970105 issued on June 15, 2000.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before July 30, 2004 of the specific actions that will
be undertaken and the time frame required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action. If you have
any questions please contact me at the Wilmington Regional Office, telephone number
[phone]
Sincerely,
Gary Beecher
Environmental Technician
RSS/ghb: S:\WCS\STORMWAT\INSPECT\970105
cc: Wilmington Regional Office
Gary Beecher
wAA
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer service e1''F'
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NN ENR

r
STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Smith Creek Station
Project Number: 970105 Control Measure: Wet Pond
Water Body: Smith Creek Classification: "C Sw"
Directions to site: Racine Drive, Wilmington
2. Inspection Date: April 29, 2004
Weather Conditions:
3. Compliance Issues:
Warm and Dry (70's)
Y N
❑ ❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan. No unpermitted offsite drainage enters
the system.
❑ ❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
❑ ❑ For ponds/infiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built surrey if in question).
❑ ❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
®❑ A trash rack is provided over the outlet weir and orifice.
®❑ All slopes are grassed with permanent vegetation and are not eroding.
❑ ❑ Vegetated slopes are no steeper than 3:1.
❑ ❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
❑ ❑ Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
❑ M All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
The designer's certification has been submitted.
EJ ❑ ❑ The required deed restrictions are correctly recorded and submitted.
❑ ❑ The number of lots or outparcels is per the permitted amount.
❑ ❑ The built -upon area on the lots or outparcels does not appear to exceed
the maximum amount (must be verified via as -built survey if in question)
❑ ❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
❑ ❑ The road, cul-de-sac, parking lot and sidewalk widths are per the
approved plan.
❑ ® Required maintenance is being performed.
❑ ❑ Outparcels have their own offsite permit.
❑ ❑ For low density projects, roadside swales are 3:1, vegetated and stable.
❑ ❑ For low density projects, there are no unpermitted pipes on the project.

4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) The Fore -Bay in the pond has blown -out, this must be re -built and re-
established as soon as possible.
(b) The rest of the pond looks good the slopes are well grassed and stable.
Inspector: Gary Beecher
Water Quality/Wilmington Regional Office: [phone] Ext 222
RSS/ghb: S:\WQS\STORMWAT\INSPECT\970105

;51
Michael F. Easley, Governor
William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural Resources
0 -.{
May 10, 2004
H.E. Miller III, Member/Manager
Smith Creek Station, LLC
PO Box 2046
Wilmington, NC 28402
NOTICE OF INSPECTION:
Smith Creek Station
Stormwater Project No. SW8 970105
New Hanover County
Dear Mr. Miller:
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on April 29, 2004 to determine compliance with
Stormwater Permit Number SW8 970105 issued on June 15, 2000.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before June 12, 2004, of the specific actions that will
be undertaken and the time frame required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action. If you have
any questions please contact me at the Wilmington Regional Office, telephone number
[phone].
Sincerely,
Gary Beecher
Environmental Technician
RSS/ghb: S:\WQS\STORMWAT\INSPECT\970105
cc: Wilmington Regional Office
Gary Beecher
IKW
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service At
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]ENR

STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Smith Creek Station
Project Number: 970105 Control Measure: Wet Pond
Water Body: Smith Creek Classification: "C Sw"
Directions to site: Racine Drive in Wilmington
2. Inspection Date:
Weather Conditions
3. Compliance Issues:
April 29, 2004
Warm and Dry (70's)
Y N
❑ ❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan. No unpermitted offsite drainage enters
the system.
❑ ❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
❑ ❑ For ponds/infiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
®❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
®❑ A trash rack is provided over the outlet weir and orifice.
®❑ All slopes are grassed with permanent vegetation and are not eroding.
❑ ❑ Vegetated slopes are no steeper than 3:1.
❑ ❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
❑ ❑ Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
❑ ® All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
®❑ The designer's certification has been submitted.
❑ ❑ The required deed restrictions are correctly recorded and submitted.
❑ ❑ The number of lots or outparcels is per the permitted amount.
❑ ❑ The built -upon area on the lots or outparcels does not appear to exceed
the maximum amount (must be verified via as -built survey if in question)
❑ ❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
❑ ❑ The road, cul-de-sac, parking lot and sidewalk widths are per the
approved plan.
❑ ® Required maintenance is being performed.
❑ ❑ Outparcels have their own offsite permit.
❑ ❑ For low density projects, roadside swales are 3:1, vegetated and stable.
❑ ❑ For low density projects, there are no unpermitted pipes on the project.

4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) The pond fore -bay has blown out, this must be re-established as soon as
possible.
(b) Other than the fore -bay problems, the pond looks good.
Inspector: Gary Beecher
Water Quality/Wilmington Regional Office: [phone] Ext 222
RSS/ghb: S:\WQS\STORMWAT\INSPECT\970105

z
�b
O
0

NEW HANOVER CO
Engineering Department
230 Market Place Drive, Suite 160
Wilmington, North Carolina 28403
TELEPHONE [phone]
Beth Easley Wetherill, C.P.E.S.C.
Soil Erosion Specialist
April 19, 2004
Smith Creek Station, LLC
4530 Park Road, Suite 300
Charlotte, North Carolina 28209
Attention: Lat W. Purser, III
CERTIFIED
,4P
11�-, t? l00Q
RE: Notice of Violation of Land Disturbing Activity
Grading Permit GP#: 28-03 - Kohls
Description of Violation(s): You have failed to slope and stabilize or remove and
stabilize the stockpiles generated from the Kohl's project as previously requested
five (5) times in Inspection Reports.
Dear Mr. Purser:
This letter constitutes Notice of Violation of Section 23-236(a)(2), Section 23-237(2),
Section 23-2480), Section 23-250(b), Section 23-251(a)(1), Section 23-251(a)(2), Section 23-
251.(a)(3), Section 23-251(b) and Section 23-252(a) of the New Hanover County's Soil
Erosion and Sedimentation Control Ordinance.
Section 23-236 Basic Control Objectives states:
(a) Limits time of exposure. All land disturbing activity is to be planned and
conducted to limit exposure to the shortest feasible time.
Section 23-237 Mandatory Standards for Land Disturbing Activity states:
(2) Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than
the angle, from zero to nineteen degrees, which can be retained by vegetative cover or other
adequate erosion control devices or structures. Only when approved by the county may
slopes be steeper than two foot of run to one foot of rise. In any event, slopes left exposed
will, within 15 working days or 30 calendar days, whichever is shorter, of completion of any

phase of grading, be planted or otherwise provided with ground cover, devices, or structures
sufficient to restrain erosion.
Section 23-248 Erosion and Sedimentation Control Plans states:
0) Any person engaged in land disturbing activity who fails to file a plan in
accordance with the ordinance or who conducts a land disturbing activity except
in accordance with provisions of an approved plan shall be deemed in violation
of this article.
Section 23-250 Inspections and Investigations states:
(b) If through an inspection it is determined that a person engaged in land
disturbing activity has failed to comply with the act, this article, or rules or orders
adopted or issued pursuant to this article, or has failed to comply with an approved
plan, a notice of violation shall be served upon that person by registered or certified
mail or other means reasonably calculated to give actual notice. The notice shall set
forth the measures necessary to achieve compliance with the plan, specify a
reasonable time period within which such measures must be completed, and warn
that failure to correct the violation within the time period will result in additional
civil and criminal penalties for a continuing violation. However, no time period for
compliance need be given for failure to submit an erosion control plan for
approval or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out his official duties. If the person
engaged in land disturbing activity fails to comply within the time specified,
enforcement action shall be initiated.
Section 23-251 Penalties states:
(a)(1) Civil Penalties. Any person who violates any of the provisions of this article,
or rules or orders adopted or issued pursuant to this article, or order adopted or
issued pursuant to this article by the commission, or who initiates or continues a
land disturbing activity for which an erosion control plan is required except in
accordance with the terms, conditions, and provisions of an approved plan, shall
be subject to a civil penalty. The maximum civil penalty for a violation is $5,000.00
per calendar day. A civil penalty maybe assessed from the date of violation. Each
day of a continuing violation shall constitute a separate violation. The person
alleged to be in violation will be notified of the violation by registered or certified
mail, return receipt requested, or other means reasonably calculated to give actual
notice. The notice shall describe the violation with reasonable particularity, specify
a reasonable time period within which the violation must be corrected, and warn
that failure to correct the violation within the time period will result in the
assessment of a civil penalty or other enforcement action. If, after the allotted time
period has expired, the violator has not completed corrective action, a civil penalty
Pa

may be assessed from the date of the notice of violation. However, no time period
for compliance need be given for failure to submit an erosion control plan for
approval or for obstructing, hampering or interfering with an
authorized representative while in the process of carrying out his official duties.
Each day of continuing violation shall constitute a separate violation.
Section 23-251 Penalties states:
(a)(2) Civil Penalties. The County Manager or his designee, shall determine the
amount of the civil penalty to be assessed under this subsection and shall notify the
person who is assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty. In determining the amount of the penalty the County
Manager or his designee shall consider the degree and extent of harm caused by the
violation and the cost of rectifying the damage, the amount of money the violator
saved by noncompliance, whether the violation was committed willfully, and the
prior record of the violator in complying or failing to comply with this article and
shall direct the violator to either pay the assessment or contest the assessment
within 30 days after the receipt of the notice of assessment, by written demand for
a hearing before the Board of County Commissioners. Notice of the assessment
shall be by registered or certified mail or other means reasonably calculated to give
actual notice.
Section 23-251(a)(3) Civil Penalties states:
(a)(3) Civil Penalties. Any appeals from the determination of the Board of County
Commissioners must be filed with the superior court of the county within 30 days
following the Board's issuance of its final determination. If payment is not received
or equitable settlement reached within 30 days after demand for payment is made,
the matter shall be referred to the county attorney for institution of a civil action in
the name of the county in the appropriate division of the general courts of justice
for recovery of the penalty. A civil action must be filed within three years of the
date the assessment was due. An assessment that is not contested is due when the
violator is served with a notice of assessment. An assessment that is contested is
due at the conclusion of the administrative and judicial review of the assessment.
Section 23-251 Penalties states:
(b) Criminal Penalties. Any person who knowingly or willfully violates any
provision of this article, or rule or order adopted or issued pursuant to this article,
or who knowingly or willfully initiates or continues a land disturbing activity for
which an erosion control plan is required except in accordance with terms,
conditions, and provisions or an approved plan, shall be guilty of a Class 2
misdemeanor which may include a fine not to exceed $5,000.00 per calendar day.
3

Section 23-252(a) Injunctive Relief states:
Whenever the governing body has reasonable cause to believe that any person is
violating or threatening to violate this article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or provision of an approved erosion
control plan, it may, either before or after the institution of any other action or
proceeding authorized by this article, institute a civil action in the name of the
county, for injunctive relief to restrain the violation or threatened violation. The
action shall be brought in the superior court of the county.
Corrective measure(s) needed: Slope and stabilize the stockpile area or remove the
stockpiles and stabilize the disturbed area within fifteen (15) days of receipt of this notice.
You can contact Beth Easley Wetherill, Erosion Control Specialist, Engineering
Department, 230 Market Place Drive, Suite 160, Wilmington, North Carolina 28403, (910)
798-7139, regarding the required compliance action.
Sincerely,
Beth Easley Wetherill
NHC Soil Erosion Specialist
cc: Dave Weaver, Assistant County Manager
Gregory R. Thompson, P.E., County Engineer
Kemp Burpeau, Deputy County Attorney
Linda Lewis, DENR Stormwater
Mark Boyer, NHC Public Information
John Kuske, P.E., Norris, Kuske & Tunstall
Pete Sessoms, W.R. Willis
BEW/aj
0

2455 Paces Ferry Road, N.W. • Atlanta, GA 30339-4024
[phone]
L
IVED 1998
April 30, 1998
Linda Lewis
State Of North Carolina
Department of Environment
and Natural Resources
127 Cardinal Dr. Ext.,
Wilmington, North Carolina 28405
Re: Stormwater Compliance Inspection Report
Permit Number SW8 970105
Wilmington, North Carolina
Dear Ms. Lewis:
We are in receipt of your document dated April 6, 1998, referencing permit number SW8
970105, stormwarter compliance report. Please note that we have passed all pertinent
information onto Jerry Timm, Project Manager for this site. He will be investigating the
compliance deficiencies relating to Smith Creek Station and advising with updates.
Should you need additional information, please contact Jerry Timm at 770-432-9912 or myself at
770-384-2926.
Sincerely,
IAd
na Jamesinistrative Assistant
USA
%W. ou.
Proud Sponsor

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
.lames B. Bunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
April 6, 1998
Mr. L. A. Smith, Vice President, Legal
Home Depot, USA, Inc.
2455 Paces Ferry Road
Atlanta, GA 30339
1�
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N C 0 VON " E N R'
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: COMPLIANCE INSPECTION
Smith Creek Station
Stonnwater Project No. SW8 970105
New Hanover County
Dear Mr. Smith:
Please find attached a copy of the completed fonn entitled "Stornmater Compliance Inspection Report".
The report summarizes the findings of a recent inspection of the project's Stonnwater controls conducted on April
3, 1998 to detennine compliance with Stolmwater Pennit Number SW8 970105 issued on September 25, 1997.
A summary of the findings and comments are noted under Section 6 of the report. Please infonn this
Office in writing before May 3, 1998 of the specific actions that will be undertaken and the time frame required
to correct the deficiencies. Failure to provide the requested inforniation, when required, may initiate enforcement
action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910)
395-3900.
Sincerely,
�I I
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\INSPECT\970105.APR
cc: John A. Kuske, III, P.E.
Centel Files
Bradley Bennett
Linda Lewis
127 Cardinal Dr. Est., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportuaih'Aflirnmtire Action Employer 50%recycled/10%pea-crosu,ner paper

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Smith Creek Station
Project Number: SW8 970105 Control Measure: Smith Creek Station, L.L.C.
Water Body: Smith Creek Classification: "C Sw"
Directions to site, address: Off Old Eastwood Road, at the intersection of Racine Drive, and Market Place
Drive. .1 .
2. Inspection Date: April 3, 1998 Weather Conditions: Clear, sunny
3. Compliance Issues:
1. Pond 1:
A.
Outflow is clogged at orifice.
B.
No trash rack has been provided for the orifice per the approved plans.
C.
Junction box is exposed.
2. Pond 2:
A.
Erosion at outlet.
B.
No trash rack has been provided for the,orifice per the approved plans.
4. PE Certification Received? NO Deed Restrictions Received? NO
5. Required Actions:
1. Pond 1:
A.
Clear debris from outflow orifice. '
B.
Cover orifice with a trash rack.
C
G
rate or cover over Junction box.
2. Pond 2:
A. Stabilize slopes with vegetation. A previous attempt at stabilization is noted, however the repairs
do not extend to all areas in need.
B. Cover orifice with a trash rack.
3. Submit PE Certification
4. Submit a copy of Deed Restrictions
Inspector: Linda Lewis
Water Quality/Wilmington Regional Office/[phone]
RSS/arl: S:\WQS\STORMWAT\INSPECT\970105.APR

SW8 970105 Smith Creek Station Inspection 2/7/11

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• i
i
•

COMMENTS: (each NO answer should have a comment)
Several items of concern were noted during the inspection. They are as follows:
1. Pond #2's forebay berm does not go across the entire pond as shown in the plans. This item was addressed in letters to you
dated June 28, 2004 and January 13, 2006. You indicated in a fax to Gary Beecher on Feburary 13, 2006 at that time that the
deficiency would be taken care of. To date, it has not been addressed. You should at once, inspect the forebay and berm. It must
be repaired and returned to the original approved specifications.
2. In the same notice, you were advised to repair the hole behind the outlet box by filling it in then stabilizing it with either grass
or sod. The repair appeared to be made by filling the hole in with large rock or riprap. This is acceptable, however, frequent
inspection should made to be sure that it does not erode any further.
3. There is some moderate erosion on the sideslopes of pond #2 that should be repaired.
4. The outlet structure should be kept clear and free of trash and debris.
S. Pond #1 had some mild to moderate erosion that should be repaired.
6. The status of the forebay and berm could not be determined. Flows were relatively high given the extremely dry and hot
conditions we have been experiencing. The pond should be designed to drawdown within 2-5 days of the rainfall event. This is
usually indicative of a blocked orifice.
7. The outlet structure had a reduced flow going through it due to the orifice being partially plugged. This should be inspected
and kept dean and free of excessive trash and debris.
8. Inside the outlet structure was filled with excessive trash and algae.
Provide pictures of site (insert here):

08/14/2007
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08 14 2007
P'
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Uh
08/14/2007 N/14•/'20Q7

a
_Flow reduced due to plugged orifice trash rack over orifice plugged with debris
YES NO
Compliant ❑ Non -Compliant ® NOV sent ❑ ❑ Date sent NOV#
Inspectors name& signature: Pat C Durrett Date: 8/14/07