The URL can be used to link to this page

Home My WebLink AboutSW8891111_NOVRE_20180321Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL #7008 0150 0002 2652 2428 RETURN RECEIPT REQUESTED March 21, 2018 ROY COOPER Governor - MICHAEL S. REGAN secretary WILLIAM E (TOBY) VINSON, JR. Interim Director RECEIVED MAR 28 2090 Crownstream, IncDENR-LAND QUALITY ATTN- William Chester Clifton, President STORMWATER PERMITTING 5831 Clifton Drive SW Ocean Isle Beach, NC 28469 Subject: NOTICE OF VIOLATION and Recommendation for Enforcement NOV-2018-PC-0090 Failure to Obtain State Stormwater Management Permit Crownstream Subdivision Brunswick County Dear Mr Clifton This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H 1003 in accordance with North Carolina General Statute (G S ) 143-214 7 for failure to apply for and secure a Stormwater Management Permit for the continued development of Crownstream Subdivision, which is located off Eyota Drive (NCSR 1274) near the intersection of NC 179 and NC 904 at Ocean Isle Beach in Brunswick County On November 5, 1993, the Division issued a stormwater management permit (aka Certification of Compliance) to your brother, Daniel Wade Clifton for the development of Crownstream Subdivision The project is a high density residential subdivision containing 68 lots. Unfortunately, your brother passed away in 2013 without ever transferring the permit to the POA On April 4, 2016, June 15, 2016 and October 26, 2016, the Division of Energy, Mineral and Land Resources (DEMLR) in the Wilmington Regional Office contacted you by letter regarding the need to transfer the existing stormwater permit for Crownstream'Subdivision. In your responses to those letters, you have consistently alleged that the Crownstream Property Owners Association was responsible for the maintenance and that Crownstream Inc. was not the permittee of record. You refused to take responsibility for that permit on behalf of Crownstream, Inc However, property records indicate that Crownstream, Inc owned, developed and conveyed property within this subdivision both before and after the passing of your brother, without holding the required permit to do so. A review of DEMLR files confirmed that a State Stormwater Management Permit has not been issued to Crownstream, Inc As a result of the file review, the following violations are noted I. Failure to Obtain a State Stormwater Management Permit Title 15A NCAC 2H.1001(3) and 15A NCAC 02H 1019(1) and (2), and in accordance with G.S 143- 214 7, a State Stormwater Management Permit is required for any 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 DEMLR file review confirms that a State Stormwater Management Permit was not obtained by Crownstream, Inc , prior to the construction of impervious surfaces at the subject site as described above State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington., NC 2640; 910 796 7215 State Stormwater Permit N0 SW8 891111 Nonce of Violation March 21; 2018 Paoe 2 of 2 .r Required Response This Office requires that you respond to this letter in writing within 30 calendar days of receipt of this Notice, as evidenced by the signature date on the certified mail receipt Your response should be sent to this office at the letterhead address and should include your response to the following items 1 Please clearly explain why Crownstream, Inc., did not secure the required Stormwater Management Permit after the passing of your brother, and, 2 Why Crownstream, Inc , did not request that the existing pen -nit be transferred to them, despite three separate requests from the Division to do so By copy of this letter- to the Brunswick County Building Inspection Office, NCDENR is requesting that the Building Inspector withhold building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved Please note that any individual or entity found to be in noncompliance with the provisions of a storinwater management permit or the stormwater rules is subject to enforcement action as set forth in NCGS 143 Article 21 This Office is considering initiating an enforcement action against Crownstream, Inc.; including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered Your response to this correspondence will be considered in this process Please be advised, failure to obtain the required permit is an automatic fine of $4000 00 These violations and any continuing or future violations are subject to a civil penalty assessment of up to 525,000 00 per day for each violation pursuant to North Carolina General Statute 143-215 6A Please note that you can respond to this Notice of Violation by either submitting a completed and signed permit application SWU-101, with a completed wet detention pond supplement form, a signed O&M agreement, sealed design calculations, and two sets of detailed plans along with the processing fee currently set at $505, or by submitting a completed and signed permit transfer application to the Division to have the existing permit SW8 891111 transferred over to Crownstream, Inc. Once compliance with the permit (either new or transferred) can be demonstrated, the Division will be happy to then transfer the permit to the Crownstream POA The SWti-101 application form and the permit transfer application form can be downloaded from our website at htt-Ds://deo nc.Lov/about/divisions/enerQ�v-minera] -land-res ources/enerav-minera] -land- water-tiro gram/Dost-construction V Thank you for your immediate attention to this matter This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact Linda Lewis or Georgette Scott in the Wilmington Regional Office at 910-796-7215 Smcpyrely, RECEIVE® R William E (Toby) Vinson, Jr , PE, CPESC, CPM, Interim Director MAR 28 2018 Division of Energy, Mineral, and Land Resources Enclosures Compliance Inspection Report DENR-LAND QUALITY8TORMWATER PERMITTING GDS\arl G \\\Stormwater\Permits & Projects\1989\891111 HD\2018 03 ! 'OV 891111 cc Brunswick County Building Inspections Denise Watts, Watts Law Group (4617 Main St Shallotte NC 28470) G�n + efts 1�u ams rP1 gtP�EIVI+LR etScottVilmirigton egional Office Stormwater Supervisor Wilmington Regional Office Stormwater File Slated Non h Carohna 1 invir mncntal Quahm 1 Energy Mine Al and Land kcsourccs Wilmington Regional Office 1 127 Cardmal Drwc E --tension 1 Wilnmngton, NC 3840 910 71)( 7215 Compliance Inspection Report td Permit SVV8891111 Effective 04/23/90 Expiration Project Crownstream Subdivision Owner Daniel Clifton County Brunswick Region Wilmington Adress Off Hwy 179 City/State/Zip Ocean Isle Beach NC 28469 Contact Person Daniel Clifton Title Phone Directions to Protect Type of Project State Stormwater - HD - Detention Pond Drain Areas On -Site Representative(s) Related Permits Inspection Date 10/25/2016 Entry Time 12 00PM Exit Time 12 05PM Primary Inspector Alida R Lewisj, Secondary Inspector(s) l Reason for Inspection Complaint Permit Inspection Type State Stormwater Facility Status ❑ Compliant ❑ Not Compliant Question Areas ® State Stormwater (See attachment summary) /.Jo V, 20,( Phone 910-796-7215 Inspection Type Compliance Evaluation page 1 Permit SW8891111 Owner - Pro/ect Daniel Clifton Inspection Date 10/25/2016 Inspection Type Compliance Evaluation Reason for Visit- Coms plaint ti� Inspection Summary: There is an ongoing Issue between the developer, the HOA and the Division regarding ownership of the permit The - Division has sent three separate letters to William Chester Clifton as President of Crownstream, Inc , requesting that he transfer the permit to the HOA These letters are dated April 4, 2016, June 15, 2016 and October 25, 2016 Mr Clifton does not acknowledge that Crownstream, Inc is the permittee and has not submitted a request to transfer the permit On November 5, 1993 The Division issued a modified high density stormwater permit to Mr Daniel Wade Clifton for Crownstream Subdivision, for 68 lots at a maximum of 3500 sf of BUA per lot and with runoff to be treated In a wet detention pond Mr Daniel Clifton was, at the time of permitting, president of Crownstream, Inc The permit itself was not specifically issued to Crownstream, Inc , however all recorded plats, deeds of conveyance and other documents all reference Crownstream, Inc as the owner Corporate entities were not that well -understood in the stormwater permit world in 1993 Mr Daniel Clifton died in early 2013 and Chester Clifton inherited his brothers estate and became president of Crownstream, Inc Chester Clifton continued developing Crownstream Subdivision as Crownstream. Inc after his brother's passing Chester Clifton did not and does not currently hold a permit in either his name personally or In the name of the corporation, or In the name of the HOA to develop the remaining property Chester Clifton denies that Crownstream Inc , Is responsiblle for transferring the permit, or performing any maintenance He claims that because his brother named the HOA as the party responsible for maintaining the pond, the HOA is responsible for compliance with the permit However, we pointed out that the permit was not Issued to the HOA The HOA will not accept the permit because they allege that there are existing violations of the permit They want Chester Clifton to pay for the street repairs because they feel that the main reason the roads need repair is due to the alleged poor quality of construction which has led to leaking pipes and collapsed pavement 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 Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ® ❑ ❑ ❑ X 1:11:10 ® 1:11:1 ❑ ® 1:11:1 ❑ Yes No NA NE ❑ ® ❑ ❑ Comment 1 There Is an ongolnq Issue between the developer, the HOA and the Division reclardino ownershlD of the permit The Division has sent three separate letters to William Chester Clifton as President of Crownstream. Inc , requesting transfer of the permit from the permit holder to the HOA These letters are dated April 4, 2016, June 15 2016 and October 25, 2016 Mr Clifton does not acknowledge that Crownstream, Inc is the permittee and has not submitted a request to transfer the permit page 2