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HomeMy WebLinkAboutSW8970116_COMPLIANCE_20150909STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW eT/ 106k__ DOC TYPE ❑ .CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD TA MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 9, 2015 Mr. Earp Allen Jefferson PO Box 100 Winnabow, NC 28479 Subject: Notice of Inspection - Not Compliant Godwin Concrete Plant #4 State Stormwater Management Permit No. SW8 970116 Brunswick County Dear Mr. Jefferson: Donald van der Vaart Secretary On September 9, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) conducted a file review inspection of the Godwin Concrete Plant #4 permit, located off Galloway Rd NE in Brunswick County to determine the status of compliance with the State Stormwater Management Permit Number SW8 970116 issued on February 19, 1997. 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. As indicated in the attached inspection report, the following deficiencies must be resolved: Permit conditions 1.6 and IIIA: According to the Brunswick County GIS website and tax records, it appears that the property associated with this permit, Godwin Concrete Plant #4, has been sold to Earp Allen Jefferson" Upon further review of the file and the records with the North Carolina Secretary of State, it appears that the original permittee for this site, Godwin Concrete Co., Inc, has dissolved. Per the aforementioned permit conditions, a request must be submitted to the Division to transfer the ownership of the permit. If the original permittee, Godwin Concrete Co., Inc, has dissolved, the current property owner, Earp Allen Jefferson, must choose one of the options below: a. Option 1: The new owner accepts the transfer of the current permit in accordance with Session Law 2013-121. Please note that the first transfer is free and the permit conditions remain the same as when the permit was originally issued under 15A NCAC 2H .1005 effective September 1, 1995, which is commonly referred to as the 1995 Coastal Rules. In order to transfer the permit, please submit the appropriate Name/Ownership change form available on our website at: hftpJlportal.ncdenr.org/webllr/state-stormwater- forms docs along with the documentation necessary to transfer the permit to the new owner. Please note that the "HOA Name/Ownership Change Form" is only for use by permittees that have developed their project under the Planned Community Act. The other "Name/Ownership Change Form" is for all other projects planning to change the name of the project or transferring their permit to the new owner of the project. Division of Energy, Mineral, and Land Resources Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-72151 Fax: (910) 350-2004 • Internet: http:llpprtal.ncdenr.org/webllr/ Godwin Concrete Plant #4 September 9. 2015 b. Option 2: If the new owner refuses the current permit then they will have to apply for their own permit. If they do not apply for a permit they will be issued a Notice of Violation (NOV) including possible fines for owning and operating a treatment system and discharging to surface waters without a permit. This option will not be advantageous to the new owners because the new permit will be issued under the 2008 Coastal Stormwater Rules (Session Law 2008-211) unless a vested right is presented which allows the project to be reviewed under the 1995 Coastal Rules. However, keep in mind that vested rights are not granted to sites that are in violation. This means the stormwater control measure must be redesigned according to the standards in Session Law 2008-211 and the latest version of the Stormwater Best Management Practices (BMP) manual. As a result, changes in permit conditions and technical changes, such as the increase in the design storm from 1.0 to 1.5 inches, may require significant and costly physical changes to the BMPs currently serving the projects. All costs associated with the permit application, the possible NOV, the design and the construction for changes to the ponds will be the sole responsibility of the new owners. 2. 15A NCAC 2H.1003 (h): This permit expired on February 19, 2007 and must be renewed. The current renewal period is 8 years. In order to bring this permit into an active status, two renewals are required to be submitted by the new owners as demonstrated below. - Renewal 1: February 19, 2007 + 8 years = February 19, 2015 (new expiration date) Renewal 2: February 19, 2015 + 8 years = February 19, 2023 (new expiration date) The renewal application is available on our website at: http://portal.ncdenr.org/web/Ir/state-stormwater-forms docs. 3. Permit condition 11.5: Please submit a designer's certification for the project demonstrating that the project has been installed in accordance with the permit, approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the certification. Please inform this Office in writing before October 12, 2015, 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. If a written plan of action is not submitted to this office by October 12, 2015 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the property covered by this permit has been/will be sold or legally conveyed to another entity or if the permit holder has changed its name and/or mailing address, or if the project name has been changed, it is your responsibility as the permittee to submit a completed and signed Name/Ownership change form to DEMLR at least 30 calendar days prior to making the changes. These forms are available on our website at: http:lportal.ncdenr.org/web/Ir/state- stormwater-forms docs. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at christine.hall@ncdenr.gov. Sincerely, V) Christine Hall t Environmental Engineer Enc: Compliance Inspection Report GDSlcanh: MStormwater\Permits & Projects119971970116 HD12015 09 CEI_deficient 970116 cc: Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 Compliance Inspection Report Permit: SW8970116 Effective:02119/97 Project: Godwin Concrete Plant #4 Owner: Godwin Concrete Co County: Brunswick Region: Wilmington Expiration: 02/19/07 Adress: 2805 Galloway Rd CitylStatelZip: Wilmington NC 28405 Contact Person: Amber Demers Title: Phone: 910-686-4890 Directions to Project: SR 1401, 700' from intersection of US 17 and SR 1401 North In front of Waste site plant sold no activity at site. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Clark Branch) (03-06-05) ( WS-IV;NSW) On -Site Representative(s): Related Permits: Inspection Date: 09/09/2015 Entry Time: 02:30PM Primary Inspector: Christine A Hall Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 03:O0PM Phone; 910-796-7215 Inspection Type: Transfer Renewal page: 1 permit: SW8970116 Owner - project: Godwin Concrete Co Inspection Date: 09/0912015 Inspection Type Transter Renewal Reason for Visit: Routine Inspection Summary: In order to resolve these items of deficiency: 1. Transfer the permit to the current property owner, which appears to be Earp Allen Jefferson. 2. Renew the permit per 15A NCAC 02H.1003 (h) (the stormwater rules). The current renewal period is 8 years. So in order to bring this permit into an active status, two renewals are required as demonstrated below: Renewal 1: February 19, 2007 + 8 years = February 19, 2015 (new expiration date) Renewal 2: February 19, 2015 + 8 years = February 19, 2023 (new expiration date) 3. Submit a designers certification. File Review Yes No NA NE Is the permit active? ❑ IE ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ IM ❑ ❑ Signed copy of the Operation 8 Maintenance Agreement is in the file? ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ EM ❑ Comment The permit ex ried on Feb 19 2007 A co0y of the certification could not be found in the file. Other Permit Conditions Yes No NA NE is the site compliant with other conditions of the permit? ❑ 0 ❑ ❑ Comment: Accordinq to the Brunswick County GIS website and tax records, it appears that the property associated with this permit. dodwin Concrete Plant #4, has been sold to Earp Allen Jefferson. 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Sid' h} k� �'''r :r �R-�4 f * �-''. ��� :�� �f.t b ���'��..1.��'��.f%-l�3r`-:-.3<-S�� •...: - .ro. _. kz. �' e. r::r _. _ � � r HIGH DENSITY STATE STORMWATER INSPECTION REPORT Project Name: Godwin Concrete Plant #4 Permit No: SW8970116 Expiration date: 2/19/07 Contact Person: Mr. Ebe Godwin Phone No: 910-762-7964 County: Brunswick Center of Project GPS: Lat: "N Long: "w Facility Address: .2805 Galloway Rd. City: Supply Zip: (If multiple basins exist, specify basin(s): Entry time: 3:35 am ❑ pm ❑ Exit time: 3:55 am ❑ pm ❑ Date: 10/1/07 Method of Treatment: (check one) ® Wet Detention ❑ Dry Detention ❑ Bioretention ❑ Wetland ❑ Sandfilter ❑ Swale ❑ Pocket Wetland ❑ Level Spreader ❑ Permeable Pavement ❑ Infiltration Basin Other: ❑ Receiving Waters: Clark Branch . Classification: c-Sw River Basin: Lumber 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: fi. 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 ❑ ® ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ YES NO HLA 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) The permittee sold the site and failed to r uest a name/ownershipname/ownership change. The permit expired on Februa 19 2007. No renewal request or rescission request has been received. The site has been abandoned. No activity taking Place. S & W Concrete bought out Godwin and moved the site. The BMP is still in place. A name/ownership change must be submitted as required by your permit. Provide pictures of site (insert here No activity site has been relocated. Compliant ❑ Non -Compliant YES NO ® NOV sent ❑ ❑ Date sent . NOV Michael F. Fasley, Governor William G. Ross Jr., Secretary North Carolina Dcpartmcnt of'Environment and Natural Resources Coleen 11. Sullins Director Division of Water Quality October 22, 2007 Mr. Ebe W. Godwin Godwin Concrete Plant #4 P. O. Box 11120.. Wilmington, N. C. 28404 Notice of Inspection -NON-COMPLIANCE STATUS Godwin Concrete Plant #4 Stormwater Project No. SW8 970116 Brunswick County Dear Mr. Godwin: 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 10/01/07 to determine compliance with Stormwater Permit Number SW8 970116 issued on 2/19/1997. The required actions that are necessary to bring this site into compliance are noted under the Comments section of the report. Please inform this Office in writing within fifteen (15) days 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, when required, may initiate enforcement action. If you have any questions please contact David Cox at the Wilmington Regional Office, telephone number (910) 796-7318. Sincerely, / e , 4 c41A Pat C. Durrett Environmental Specialist PCDlencl: S:IWQSISTORMWATIINSPECT1Pats inspections1SW8970116 CC' Wilmington Regional Office Onc NqrtfiCUOHna Xaturally North Carolina Division of eater Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: w%vw.ncwatcr uality.org Fax (910) 350-2004 1 -877-623 -6748 An Equal OpportunitylAffirmative Action Employer — 50% Recycled110% Post Consumer Paper