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Home My WebLink AboutWT003249_NOV_20220209ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality February 9, 2022 CERTIFIED MAIL #7018 1830 0000 9681 5845 CERTIFIED MAIL #7018 1830 0000 9681 5838 RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED CVASC,LLC CVASC,LLC Attn: Margaret Chapman, Manager Attn: Corporation Service Company, Reg Agent 5477 Highway 24, Suite 2 2626 Glenwood Ave, Ste 550 Newport, NC 28570-5556 Raleigh, NC 27608 Subject: NOTICE OF VIOLATION NOV-2022-PC-0036 WT003249 Failure to Obtain State Stormwater Management Permit Bogue Sound Distillery Carteret County Dear Ms. Chapman: This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1000 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to apply for and secure a Stormwater Management Permit and G.S. 143-215.1(a)(1) for creating an unauthorized outlet to waters of the State. On February 9, 2022 Division of Energy, Mineral and Land Resources (DEMRL) in the Wilmington Regional Office reviewed the site tax records and impervious surfaces installed on the subject development site known as Hogue Sound Distillery located at 108 Bogue Commercial Drive, Carteret County, North Carolina. DEMLR finds the installation of 13,462 square feet of buildings and pavement, according to Carteret County Tax GIS, with additional gravel parking bringing the total BUA to 28,000 square feet draining to Hunting Creek, SA HQW. A post construction stormwater permit SW8 070229 Bogue Commercial Park was issued on May 23, 2007 to Harold Shipp, Jr. This permit limits BUA to 7271 square feet per lot. Lot six was permitted with a northern border of approximately 90 feet. Lot six has been expanded to have a northern border of 142 feet. This expansion is beyond the permitted limits found in SW8 070229. An additional outlet has been created from the Distillery parking lot. The lot behind the distillery has recent construction that will need to be included in any permit modification or submittal. Additional outlets are found in the new construction area. A review of DEMLR files confirmed that a State Stormwater Management Permit has not been issued prior to construction of impervious surfaces at the subject site as described above. 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 .1000, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit for development activities within the 20 coastal counties that require a Coastal Area Management Act (CAMA) Major Permit, require an Erosion and Sedimentation Control Plan, nonresidential activities that add more than 10,000 square feet of built -upon area, or residential development activities that meet the following requirements: located within Y2 mile and draining to Class SA waters, have a built upon area of greater than 12%, and will add more than 10,000 square feet of built upon area. The inspection and DEMLR file review confirms that a State Stormwater Management Permit was not obtained prior to construction of impervious surfaces at the subject site as described above. II. Creating an Unauthorized Outlet to Waters of the State D _E QZ� 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 28405 .F.a 910.796.7215 WT003249 NOV-2022-PC-0036 Page 2 of 2 G.S. 143-215.1(a) (1) requires that no person shall make any outlets into the waters of the State unless that person has received a permit. The unauthorized outlet structure installed at the subject site as described above is a violation of G.S. 143-215.l(a)(1). The stormwater from the site must be directed to an approved stonnwater control measures as required in a State Stormwater Management permit. Required Response This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to the address on this letterhead and should address the following items: I. When construction (excavation, grubbing, and clearing) began at the site. 2. A clear explanation why the appropriate Stormwater Permit was not secured. 3. A plan of action stating how and when the site will be brought into compliance, including the submittal of a complete permit application, a complete supplement form, a signed O&M agreement, sealed calculations, and two sets of detailed plans along with the required $505 processing fee. The application form, supplement-EZ form, and O&M-EZ form can be found on the following website under the Post -Construction section: deq.nc. ovg /SW. Please note that a Designer's Certification is also required upon project completion. Thank you for your immediate attention to this matter. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact either Brian Lambe at 910-796-7215 or via email at brian.lambe@ncdenr.gov. Sincerely , iLz (Brian Wrenn, Director Division of Energy, Mineral, and Land Resources Enclosures: Compliance Inspection Report DES\bpl: \\\StorinWater\Permits & Projects\Application Requests\2022 02 NOV WT003249 cc: Toby Vincent / Alaina Morman, DEQ Central Office Wilmington Regional Office Stormwater File D_E Q�� 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 28405 gmxm. \ �/ 910.796.7215 �w nvemm um�m.om a.im Site Inspection Report Site Number: WT003249 Site Name: Bogue Sound Distillery Site Address: 108 Bogue Commercial Dr County: Carteret Directions: Latitude: +34041' 47" Site Owner Name: Cvasc LLC Inspection Date: 02/09/22 Reason for Inspection: Routine Inspection Type: Records/File Review (non -DOT) Inspection Contact Person: On -Site Representative(s) Primary Inspector: Brian P Lambe Secondary Inspector(s): r Facility Compliance Status: Program Areas: State SW Question Areas: Failure to Secure State SW Permit Region: Wilmington Longitude: -77' 02' 41" ❑ Compliant 0 Not Compliant Phone: Phone: Inspection Summary: Bogue Commercial Drive erosion and sediment control permit CARTE-2007-147; Financially Responsible: Harold Shipp Jr., Engineer: David Newsom, PE. Road constructed between 7/2006 and 10/28/2008. State stormwater permit SW8070229. Met with owner and her son. Reviewed permit conditions and points of contention. Identified outlets from the parking lot leading to the wetlands. page: 1 Site Number: WT003249 Owner: Cvasc LLC Inspection Date: 02/09/22 Inspection Type: Records/File Review (non -DOT) Reason for Visit: Routine Failure to Secure State SW Permit Yes No NA Does the site have an authorized State Stormwater Management Permit? ❑ 0 ❑ ❑ Comment: Parcel PIN 5385.19.70.3165000 acquired 8/24/2015, Grantor Shelly Pont Associates Limited Partership� Grantee CVASC, LLC. Construction of facility began between 10/23/2015 and 2/19/2017, completed by 9/21/2018. The current BUA of the buildings and concrete is 13,462 sq framer Carteret County Tax GIS. The addition of the gravel parking totals the BUA to over 28,000 sq ft. No stormwater Dlan has been aDDroved by or submitted to this office for Lot 6 Boeue Commercial Park The stormwater plan SW8 070229 allows for 7271 sq ft per lot. However, Lot 6 was defined with an east west property line of approx 90 ft. The lot has been expanded outside of the permitted area to where the east west line is now 142 ft. Additional property is being acquired and there is current construction on the lot in comuction with the distillery. page; 2