SW8070649_NOV_20180427

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
April 27, 2018
CERTIFIED MAIL #7013 2630 0002 0760 7561
RETURN RECEIPT REQUESTED
Neighborhoods of Holly Ridge, LLC
Attn: Ryan Cook, Manager
1105 New Pointe Blvd., Suite 6
Leland, NC 28451-4130
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Subject: NOTICE OF VIOLATION
Neighborhoods of Holly Ridge Phases 1, 2 and 3
Stormwater Permit No. SW8 050213 (Phase 1) NOV-2018-PC-0138
Stormwater Permit No. SW8 050842 (Phase 2) NOV-2018-PC-0140
Stormwater Permit No. SW8 070649 (Phase 3) NOV-2018-PC-0139
Onslow County
Dear Mr. Cook:
On July 13, 2017, Wilmington Regional Office staff of the Division of Energy, Mineral and Land
Resources (DEMLR) performed a Compliance Inspection of the subject projects, located off NC 50 at
Azalea Drive outside of Holly Ridge, in Onslow County, North Carolina. The compliance inspection
reports were sent to Neighborhoods of Holly Ridge, LLC under one cover letter dated October 20, 2017,
and required a response by December 20, 2017. To date, the Division has received no response to the
inspection reports and complaints about the system continue to be called in by the residents.
The projects listed above have been found in violation of their respective Stormwater Management
Permits, issued pursuant to the requirements of the stormwater rules, 15A NCAC 2H.1000 and in
accordance with NCGS 143-214.7.
The violations found for Permit No. SW8 050213 (Phase 1), issued on March 3, 2005, are:
Failure to Operate and Maintain the Stormwater System. Per Schedule of Compliance
Condition II.10 of the Permit, the Permittee shall provide the operation and maintenance
necessary to assure the permitted Stormwater system functions at optimum efficiency:
a. The four permitted bio-retention basins need to be planted and maintained with the
wetland plants shown on the approved plans and specifications.
b. All of the bio-retention basins must be operated such that they draw down within 5 days.
Basin 44 appears to be holding water.
Failure to Certify the Stormwater System. Per Schedule of Compliance Condition I1.9 of the
Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and 'specifications must be noted on
the Certification. The Division issued a plan revision approval letter dated May 20, 2016, which
approved of the use of four inches of #57 stone laid over a geotextile fabric for the gravel boat
storage area. The Division requires certification from the designer that the boat storage area has
been completed in accordance with the approved plans and specs.
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State Stormwater Permit No. SW8 050213
State Stormwater Permit No. SW8 050842
State Stormwater Permit No. SW8 070649
Page 2 of 3
Failure to Veri(y Built -Upon Area. Per Schedule of Compliance Condition II.2 of the Permit, the
permittee is required to verify that no lot has exceeded the maximum BUA limit of 2800 square
feet. The BUA limits were erroneously recorded as 3800 square feet per lot. The BUA limit was
corrected 13 months later. The permittee has not provided the necessary information to ensure
that the lots conveyed during that 13 month period have not exceeded 2800 sf.
The violations found for Permit No. SW8 050842 (Phase 2), issued on May 26, 2006, are:
Failure to Operate and Maintain the Stormwater S stem. Per Schedule of Compliance
Condition II.9 of the Permit, the Permittee shall provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency:
a. The infiltration basin is holding water;
b. The side slopes of the basin were exhibiting signs of slumping;
c. The piped and vegetated runoff conveyance systems need to be maintained regularly to
remove accumulated sediment and trash, to repair eroded areas and to maintain a dense
vegetated cover.
d. Pumps and bypasses must be maintained to design conditions. In order for the stormwater
system to treat runoff, the pumps must be able to pump the design storm runoff volume
from the storage pond into the infiltration area. The bypass structure must be maintained
such that the volume in excess of the design storm is directed into the existing wetlands
via the overflow weir, as designed.
Failure to Certify the Stormwater System. Per Schedule of Compliance Condition II.8 of the
Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification.
The violations found for Pen -nit No. SW8 070649 (Phase 3) issued on February 8, 2008, are:
Failure to Submit for a Permit Modification. Per Schedule of Compliance Condition II.4 of the
permit, 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. The layout of the streets and lots in Phase 3 Sections 7, 8, 9 and 10 has been
revised without benefit of a review or approval by the Division.
Failure to Operate and Maintain the Stormwater System. Per Schedule of Compliance
Condition II.9 of the Permit, the Permittee shall provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency:
a. The piped and vegetated runoff conveyance systems need to be maintained regularly to
remove accumulated sediment and trash, to repair eroded areas and to maintain a dense
vegetated cover;
b. Pumps and bypasses must be maintained to design conditions. In order for the stormwater
system to treat runoff, the pumps must be able to pump the design storm runoff volume
from the storage pond into the infiltration area. The bypass structure must be maintained
such that the volume in excess of the design storm is directed into the existing wetlands
via the overflow weir, as designed.
Failure to Certify the Stormwater S sy tem. Per Schedule of Compliance Condition II.8 of the
Permit, upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification.
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State Stormwater Permit No. SW8 050213
State Stormwater Permit No. SW8 050842
State Stormwater Permit No. SW8 070649
Page 3 of 3
To correct these violations, you must provide/perform the following:
Once the compliance issues have been addressed, submit a permit transfer application, $505.00
fee and associated documentation for each of the listed permits to initiate the transfer process.
All of the permits remain in the name of The Neighborhoods of Holly Ridge, LLC and need to
be transferred to the Association.
Follow the approved operation and maintenance agreement and restore the permitted systems to
design condition, including the bio-retention basins, the bypass structures, the runoff storage
areas, the infiltration basins, and the operation of the pumps, for all phases.
Verify the built -upon area in Phase 1.
Certify that the as -built condition of the Boat Storage Area in Phase 1 meets the permitted
condition.
Certify the stonnwater systems for Phase 2 and Phase 3.
Modify the -permit and approved plans for Phase 3 to account for the street and lot layout
changes.
Please be reminded that per'- -CAC 02H.1045 (3), you are required to submit a pen -nit renewal application
and fee no sooner than 180 days prior to the expiration date of the permit. Please note the following
schedule for submitting the renewal applications for the subject permits:
Permit Number
j Issue Date
j Expiration Date
i Renewal Due Date
SW8 050213
March 3, 2006
I March 3, 2019
September 3, 2018
SW8 050842
May 20, 2006
11 May 20, 2020
November 20, 2019
SW8 070649
February 8, 2008
11 December 31, 2021
June 30, 2021
Please provide a "Plan of Action" by May 28, 2018 to DEMLR that states how and when these violations
will be corrected. If we do not receive your plan of action by this date, the Division will initiate an
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 Onslow County Building Inspector, this office is requesting that the Building
Inspector consider withholding all 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 Linda Lewis in the Wilmington Regional
Office at (910)-796-7215.
Sincerely,
� William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral, and Land Resources
GDS\arl: G:\\\Stormwater\Permits & Projects\2005\050213 HD\2018 04 NOV 050213
G:\\\Stormwater\Perinits & Projects\2005\050842 HD\2018 04 NOV 050842
G:\\\Stormwater\Permits & Projects\2007\070649 HD\2018 04 NOV 070649
cc: Luke Menius, P.E., Stroud Engineering (102D Cinema Dr. Wil NC 28403)
Harrison Freedland, HOA Attorney, Craig & Fox PLLC (701 Market St. Wil NC 28401)
Kyle Priestly, Managing Agent, The Neighborhoods of Holly Ridge Owners Association
(Priestly Management Company, 2018 Eastwood Road Wil NC 28403)
Kelly Collins, VP of HOA (437 Belvedere Drive, Holly Ridge NC 28445)
Onslow County Building Inspections
Annette Lucas, PE; DEMLR
Wilmington Regional Office Stormwater File p9n
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