SW8050217_NOV_20181023

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
seo'etary
WILLIAM E. (TOBY) VINSON, jR
Interim Director
October 23, 2018
CERTIFIED MAIL #7013 2630 0002 1133 7355
RETURN RECEIPT REQUESTED
Cape Fear Investment & Development, LLC
Attn: Mr. Robert Huckabee; III, Manager
232 Causeway Drive, Suite 2A
Wrightsville Beach, NC 28480
Subject: NOTICE OF VIOLATION, NOV 2018-PC-0396
421 Industrial Park
Stormwater Permit No. SW8 050217
New Hanover County
Dear Mr. Huckabee
RECEIVED
OCT 2 6 1018
DENR•LAND QUALITY
STORMWATER PERMITTING
On October 23, 2018, Kelly Johnson of the Wilmington Regional Office of the Division of Energy, Mineral
and Land Resources (DEMLR) conducted a file review inspection of the subject project in New Hanover
County to determine compliance with Stormwater Management Permit Number SW8 050217 issued most
recently on November 23, 2009. DEMLR file review revealed that the site is not in compliance with the
terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance
Inspection Report" attached to this letter, which summarizes the findings of the recent inspection. No
1. Failure to Operate and Maintain the Stormwater System: Per Permit Section II (3), the permittee
shall provide the operation and maintenance necessary to assure the permitted stormwater system
functions at optimum efficiency. Maintenance is needed per the enclosed O&M agreement. Please
see Attachment A of the enclosed August 20, 2018 letter for a photo of the pond's state as of the
most recent site visit. The pond is completely overgrown.
2. Failure to Provide Recorded Deed Restrictions: Per Permit Section II (14) the permittee shall record
deed restrictions and per Section H (15) shall submit a copy to the DEMLR within 30 days.
Restrictions are recorded in BK4877/PG763-770 (7/18/05), but they are not complete. The
following statements were omitted and need to be recorded:
a. Section II (14) (f): The restrictions limit the impervious area to 75% of the square footage of
the lot. But, the permit requires specific impervious area per lot values to be recorded for
each lot.
b. Section II (14) (h): Built -upon area in excess of the permitted amount will require a permit
modification.
aw�mmmumo�wroewr�
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 2840.5
910.796.7215

State Stormwater Permit No. SW8 OS0217
Page 2 of 3
Section I1 (14) (i): Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit application
package to the [DEMLR] and receive a permit prior to any construction on the lot. All lots
not owned by the SW8 050217 permittee needs to obtain its own offsite permit. It is unclear
if the impervious area for the pond is constructed appropriately because it does not appear
that all of the lots have permits.
Failure to construct according to the approved plan: Per Pennit Section 1I (5), 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 11 (10), 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. A Minor Modification
is needed.
a. Pipe: Please submit a minor modification to add the pipe draining from Lot 5 as shown in
Attachment B of the enclosed August 20, 2018 letter.
b. Lot Lines: Please modify the permit to show the current lot lines as summarized in
Attachment C of the enclosed August 20, 2018 letter.
Failure to Renew State Stormwater Permit: Title 15A CAC 2H .1045(3) and Permit Section III (9)
requires you to apply for a permit renewal at least 180 days before the March 16, 2019 expiration
date. The Renewal Application was therefore due on September 17, 2019. Please apply for a permit
renewal.
To correct these violations, you must inform this Office in writing before November 26, 2018, of the
specific actions that will be undertaken and the time frame that will be required to correct the deficiencies.
Failure to provide the requested information, or to respond to this letter by the due date, may initiate
enforcement action including the assessment of civil penalties of up to $25,000 per day. The specific actions
needed include:
a. Maintain the stormwater system.
b. Record the required deed restrictions.
c. Apply for a Minor Modification.
d. Apply for a Permit Renewal.
This oroiect has a history of violations. Please note that failure to maintain State Stormwater systems
may jeopardize your ability to obtain State Stormwater permits in the future. 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.

State Stormwater Permit No. SW8 050217
Page 3 of 3
If you have any questions, please contact Kelly Johnson at the Wilmington Regional Office, telephone
number [phone].
Sincerely;
,X, W illiam E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
enclosures: File Review Inspection Report, October 23, 2018
August 20, 2018 NOD Letter w/ Attachments A, B, and C
Permit, 11/23/09
Operation and Maintenance Agreement, 2005
Deed Restrictions, BK4877/PG763-770 (7/18/05)
Minor Modification Application
Renewal Application
GDS/kpj: %Stormwater\Permits & Projects\2005\051022 HD\2018 10 NOV 051022
cc: Phil'Norris, PE, Norris & Tunstall (most recent consultant of record)
1429 Ash -Little River Road, Ash, NC 28420
New Hanover County Building Inspections
Annette Lucas; PE; DEMLR
Wilmington Regional Office Stormwater File