SW8080123_Compliance Evaluation Inspection_20110810

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 10, 2011
Mr.Adam Lisk, Member/Manager
Cumbee Rd Partners, LLC
6263 Ingleside Dr.
Wilmington, NC 28411
Subject: Sea Wynde Plantation, Phases I, 11, and III
Stormwater Permit Numbers SW8 070605, 080123, and 071221
Brunswick County
Dear Mr. Lisk:
On July 25, 2011, staff of the Wilmington Regional Office of the Division of Water Quality(DWQ) State
Stormwater program received notification from the US Bankruptcy Court that Cumbee Rd Partners, LLC
filed for a Notice of Chapter 7 Bankruptcy. On August 8, 2011, a file review of Sea Wynde Plandation,
Phase I, 11, and III located in Brunswick County was conducted to determine compliance with Stormwater
Management Permit Numbers SW8 070605, 080123, and 071221 issued on June 21, 2007, February 13,
2008, and January 14, 2008, respectively. Please find a copy of the completed forms entitled
"Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent
inspection for each of these permits.
As observed during the file review and indicated in the attached inspection report, the following items
must be resolved:
1. Permit condition (II. Schedule of Compliance, No. 3) requires that prior to sale of any permitted lot
of future development areas, deed restrictions must be recorded. Please submit a copy of the
recorded deed restrictions which include statements identified in Section 11.3.
2. Permit condition (11. Schedule of Compliance, No. 7) requires that upon completion of
construction and prior to operation of this permitted facility, a certification of the stormwater
system must be received from an appropriate designer. Please submit an engineer's certification
of the system to this office.
3. Permit condition (III. General Conditions, No. 1) states that when there is a desire to change
ownership of the facilities, a completed "Name/Ownership Change Form" must be submitted to
DWQ. The request for transfer of ownership form can be downloaded at:
htt :// ortal.ncdenr.o! /web/w /w /su/statesw/forms docs#tab-3. When the receiver of this
project is known and finalized, please submit the completed name/Ownership Form along with
the supporting documentation to the Division.
Please inform this Office in writing before September 11, 2011, of the specific actions that will be
undertaken and the time frame that will be required to correct the above listed items. If you have any
questions please contact me at the Wilmington Regional Office, telephone number(910)796-7323 or via
email at [e-mail].
Sincerely,
1&511- J
Christine Nelson
Environmental Engineer
Enclosure: three(3) Compliance Inspection Reports
GDS/can: S:\WQS\Stormwater\Permits& Projects\2007\070605 HD\2011 08 CEI deficient 070605
S:\WQS\Stormwater\Permits& Projects\2008\080123 HD\2011 08 CEI deficient 080123
S:\WQS\.Stormwater\Permits& Pro'jects\2007\071221 HD\2011 08 CEI deficient 071221
cc: Karen Higgins, WBS-CPU
WiRO Stormwater File Georgette Scott
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 One
Phone:[phone]\FAX:[phone] Customer 5ervice:1-877-623-6748 North Carolina
Internet:www.ncwaterqualiN.org
An Equal Opportunity\Affirmative Action Employer Aat�iralL�

Compliance Inspection Report
Permit: SW8080123 Effective: 02/13/08 Expiration: 02/13/18 Owner: Cumbee Rd Partners LLC
Project: Sea Wynde Plantation Phase 2
County: Brunswick Cumbee Rd
Region: Wilmington
Shallotte NC 28459
Contact Person: Adam R Lisk Title: Member Phone:[phone]
Directions to Project:
From the intersect of Hwy 17&Cumbee Rd in Shallotte,take Road K in Phase 1 to get to Phase 2
Type of Project: State Stormwater-HD-Detention Pond
Drain Areas: 1 -(Williams Branch)(03-07-59)(C;Sw,HQW)
2-(Williams Branch)(03-07-59)(C;Sw,HQW)
3-(Williams Branch)(03-07-59)(C;Sw,HQW)
4-(Williams Branch)(03-07-59)(C;Sw,HQW)
On-Site Representative(s):
Related Permits:
SW8071221 Cumbee Rd Partners LLC-Sea Wynde Plantation Phase 3
SW8070605 Cumbee Rd Partners LLC-Sea Wynde Plantation Phase 1
Inspection Date: 08/08/2011 Entry Time: 03:00 PM Exit Time: 03:30 PM
Primary Inspector: Christine Nelson Phone:[phone]
Secondary Inspector(s):
Reason for Inspection: Other Inspection Type:Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit:SW8080123 Owner-Project:Cumbee Rd Partners LLC
Inspection Date: 08/08/2011 Inspection Type:Compliance Evaluation Reason for Visit: Other
Inspection Summary:
A copy of the engineer's certification has not been submitted to DWQ at this time as required by Section 11.7 of the permit.
The recorded deed restiricitons have also not been submitted to DWQ. A search of the Brunswick County Registar of
Deeds could not locate the required recorded deed restriction language for this development.
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? 0000
Copy of the recorded deed restrictions is in the file? ❑ ■ ❑ ❑
Comment: A copy of the engineer's certification has not been submitted to DWQ. The
recorded deed restiricitons have not been submitted to DWQ. A search of the
Brunswick County Registar of Deeds could not locate the required recorded deed
restriction language for this development.
Built Upon Area Yes No NA NE
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:
SW Measures Yes No NA NE
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:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ■
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment:
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑ ■
Comment:
Other WO Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ ■
Comment:
Page: 2