SW8030704_HISTORICAL FILE_20040211

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
SW8
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
'�P HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 OOy OZL I
YYYYMMDD

WATF9
■I■ 4l r
ww� H
rs .�
Mr Rick Bumgardner, President
Alliance US Properties, LLC
P O Box 1210
Sneads Ferry, NC 28460
Dear Mr Bumgardner
Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek P E Director
Division of Water Quality
Coleen H Sullins Deputy Director
Division of Water Quality
February 11, 2004
Subject Permit No SW8 030704
Ricks Restaurant and Sports Bar
High Density Stormwater Project
Onslow County
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Ricks Restaurant and Sports Baron January 30, 2004 Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater Regulations
set forth in Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 030704 dated February 11,
2004, for the construction of Ricks Restaurant and Sports Bar
This permit shall be effective from the date of issuance until February 11, 2014, and shall be
subject to the conditions and limitations as specified therein Please pay special attention to the Operation
and Maintenance requirements in this permit Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance problems
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adludicatory hearing upon written request within thirty (30) days following receipt of
this permit This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, P O Drawer
27447, Raleigh, NC 27611-7447 Unless such demands are made this permit shall be final and binding
If you have any questions, or need additional information concerning this matter, please contact
Laurie Munn, or me at [phone]
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/ Ism S \WQS\STORMWAT\PERMM030704 feb04
cc Keith P Bulla, P E
Onslow County Building Inspections
Laurie Munn
Wilmington Regional Office
Central Files
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service M
Wilmington Regional Office Wilmington NC 28405 [phone] Fax [phone] M%EN—R

State Stormwater Management Systems'
Permit No SW8 030704
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Alliance US Properties, LLC
Rick's Restaurant and Sports Bar
Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules' and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit
This permit shall be effective from the date of issuance until February 11, 2014, and shall be
subject to the following specified conditions and limitations
I DESIGN STANDARDS
1 This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data
2 This stormwater system has been approved for the management of stormwater runoff as
described on page 3 of this permit, the Project Data Sheet The stormwater control has
been designed to handle the runoff from 42,213 square feet of impervious area
3 The tract will be limited to the amount of built -upon area indicated on page 3 of tlus
permit, and per approved plans
4 All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans
5 The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system A permit modification must be
submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area
2

State Stormwater Management Systems
Permit No SW8 030704
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Alliance US Properties, LLC
Rick's Restaurant and Sports Bar
Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit
This permit shall be effective from the date of issuance until February 11, 2014, and shall be
subject to the following specified conditions and limitations
I DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data
This stormwater system has been approved for the management of stormwater runoff as
described on page 3 of this permit, the Project Data Sheet The stormwater control has
been designed to handle the runoff from 42,213 square feet of impervious area
3 The tract will be limited to the amount of built -upon area indicated on page 3 of this
permit, and per approved plans
4 All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans
The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system A permit modification must be
submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area

State Stormwater Management Systems
Permit No SW8 030704
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name
Permit Number
Location
Applicant
Mailing Address
Application Date
Receiving Stream/River Basin
Stream Index Number
Classification of Water Body
* Project not within % mile
Drainage Area, acres
Onsite, sq ft
Offsite, sq ft
Total Impervious Surfaces, sq ft
Pond Depth, feet
TSS removal efficiency
Permanent Pool Elevation, FMSL
Permitted Surface Area, sq It
Permitted Storage Volume, cubic ft
Temporary Storage Elevation, FMSL
Controlling Orifice
Permitted Forebay Volume, cubic ft
Ricks Restaurant and Sports Bar
SW8 030704
Onslow County
Mr Rick Bumgardner, President
Alliance U S Properties, LLC
P 0 Box 1210
Sneads Ferry, NC 28460
January 30, 2004
Goose Bay / White Oak
WOK02 19-39-2
&T.T43 IMAM
138
59,982
none, per engineer
42,213
50
90% (no filter is required)
305
3,072 @ Permanent Pool
4,270
31 7
1" � (drawdown in 2-5 days)
3,904
3

State Stormwater Management Systems
Permit No SW8 030704
II SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface
During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately
The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at optimum efficiency The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and specifications
f Debris removal and unclogging of outlet structure, onfice device, flow spreader,
catch basins and piping
g Access to the outlet structure must be available at all times
4 Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ The records will indicate the date, activity, name of
person performing the work and what actions were taken
Decorative spray fountains will be allowed in the stormwater treatment system, subject to
the following criteria
a The fountain draws its water from less than 2' below the permanent pool surface
b Separated units, where the nozzle, pump and intake are connected by tubing, may
be used only if they draw water from the surface in the deepest part of the pond
The falling water from the fountain must be centered in the pond, away from the
shoreline
d The maximum horsepower for the fountain's pump is based on the permanent
pool volume The maximum pump power for a fountain in this pond is 1/8
horsepower
The facilities shall be constructed as shown on the approved plans This permit shall
become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data
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 A modification may be required for those deviations
If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility
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, including, but not limited to, those listed below

State Stoni water Management Systems
Permit No SW8030704
Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc
Project name change
Transfer of ownership
Redesign or addition to the approved amount of built -upon area or to the drainage
area
Further subdivision, acquisition, or sale of all or part of the project area The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval or a CAMA Major permit was
sought
Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan
10 The permittee shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction If the proposed BUA exceeds
the amount permitted under this permit, a modification to the permit must be submitted
and approved prior to construction
11 A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction
12 At least 30 days prior to the sale or lease of any portion of the property, the permittee
shall notify DWQ and provide the name, mailing address and phone number of the
purchaser or leasee An access/maintenance easement to the stormwater facilities shall be
granted in favor of the permittee if access to the stormwater facilities will be restricted by
the sale or lease of any portion of the property
13 The permittee must maintain compliance with the proposed built -upon area and ensure
that the runoff from all the built -upon is directed into the permitted system
14 The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made
15 The permittee must maintain the current permitted drainage area No additional runoff
from outside of the permitted drainage area boundary may enter the permitted stormwater
facilities without first applying for and receiving a permit modification
III GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director In the
event of a change of ownership, or a name change, the permittee must submit a formal
permit transfer request to the Division of Water Quality, accompanied by a completed
name/ownership change form, documentation from the parties involved, and other
supporting materials as may be appropriate The approval of this request will be
considered on its merits and may or may not be approved The permittee is responsible
for compliance with all permit conditions until such time as the Division approves the
transfer request
Failure to abide by the conditions and limitations contained in this permit may subject the
Permttee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215 6A to 143-215 6C
The issuance of this permit does not preclude the Permrttee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction

State Stormwater Management Systems
Permit No SW8030704
In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permrttee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement
stormwater management systems
The permittee grants DENR Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater
management facility
The permit maybe modified, revoked and reissued or terminated for cause The filing of
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition
Unless specified elsewhere, permanent seeding requirements for the stormwater control
must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit
The permittee shall notify the Division any name, ownership or mailing address changes
within 30 days
Permit issued this the 1 Ith day of February 2004
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
v/ Alan W Klimek, P E , Director
Division of Water Quality
By Authority of the Environmental Management Commission
0

State Stormwater Management Systems
Permit No SW8 030704
Rick's Restaurant and Sports Bar
Stormwater Permit No SW8 030704
Onslow County
Designer's Certification
I, , as a duly registered
in the State of North Carolina, having been authorized to observe (penodically/weekly/full time)
the construction of the project,
(Prof ect)
for
Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications
The checklist of items on page 2 of this form is included in the Certification
Noted deviations from approved plans and specification
SEAL
Signature
Registration Number
Date

State Stormwater Management Systems
Permit No SW8 030704
Certification Requirements
The drainage area to the system contains approximately the permitted acreage
2 The drainage area to the system contains no more than the permitted amount of
built -upon area
All the built -upon area associated with the project is graded such that the runoff
drams to the system
The outlet/bypass structure elevations are per the approved plan
5 The outlet structure is located per the approved plans
Trash rack is provided on the outlet/bypass structure
All slopes are grassed with permanent vegetation
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
10 The permitted amounts of surface area and/or volume have been provided
11 Required drawdown devices are correctly sized per the approved plans
12 All required design depths are provided
13 All required parts of the system are provided, such as a vegetated shelf, and a
forebay
14 The overall dimensions of the system, as shown on the approved plans, are
provided
cc NCDENR-DWQ Regional Office
Onslow County Building Inspections

— OFFICE USE ONLY'
Date Received
Fee Paid
Permit Number
v- l3—D
3 `�
' 03o70
State of North Carolina
Department of Environment and Natural Resources „
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM,
This form may he photocopied for use as an original
I GENERAL INFORMATION
1 Applicants name (specify the name of the corporation individual etc who owns the project)
&IILt:&.� z v P�
s ��k,9-S LLC� i, , .
2 Print Owner/Signing Officials name and title (person legally responsible for facility and compliance)
3 Mailing Address for person listed in item 2 above
City 5✓)er e5 rp.V,r/ ' State N (:. Zip
Telephone Number ( q 10 ) 330 " 076=9
4 Project Name (subdivision facility or establishment name should be consistent with project name on plans
specifications letters operation and maintenance agreements etc) 1 - _
AlIirl.✓N r.0. �1�✓�C-i-.n„r 4-. r7n 0-C/r Ml r!'.
5 Location of Project (street address) _
6 Directions to project (from nearest major intersection)
.,,__ I � _11 C
0,
7 Latitude Mo S31 35n Longitude %70 Zoi n of project
8 Contact person
who_ can answer questions about the project �y
Name 'Y C.yc �tL�� t/'( t1Q�_� Telephone Number ( —1 10 ) 330 - 07BG
II PERMIT INFORMATION J
1 Specify whether project is (check one) New Renewal Modification
Form SWU-101 Version 3 99 Page I of 4

2 If this application is being submitted as the result of a renewal or modification to an existing permit list the
existing permit number W1A and Its issue date (if known)
3 Specify the type of project (check one)
Low Density High Density _Redevelop General Permit _Other
1
4 Additional Project Requlr ments (check applicable blanks)
_CAMA Major Sedimentation/Erosion Control 404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1 877-623 6748
III PROJECT INFORMATION f
I In the space provided below summarize how stormwater will be treated Also attach a detailed narrative
(one to two pages) describing stormwater management for the project
Tke w L I
2 Stormwater runoff from this project drams to the W . f p of., River basin
3 Total Project Area I . 3t; acres 4 Project Built Upon Area 70i 1 %
5 How many drainage areas does the project have?_j
6 Complete the following information for'each drainage area If there are more than two drainage areas in the
project attach an additional sheet with the information for each area provided in the same format as below
Basin Information _
- Dratage Area 1
Drainage Area 2
Receiving Stream Name
n
Receiving Stream Class
bA oa
Drainage Area
,IP2 z
Existing Impervious* Area
z
Proposed Impervious*Area
' F f Z
% Impervious` Area (total)
Impervious` Surface Area'
Drainage Area 1 _
Drainage Area 2
On site Buildings
Z ,
On -site Streets
L
On site Parking
OS L`
On -site Sidewalks
y
Other on -site
z
Off site
Z
Total 2
Total
Impervious area is defined as the built upon area Including but not limited to buildings roads parking areas
sidewalks gravel areas etc
Form SWU-101 Version 3 99 Page 2 of 4
W6kc2_
1 q -3q -,�u

0
7 How was the off -site impervious area listed above derived?
IV DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment
1 The following covenants are untended to ensure ongoing compliance with state stormwater management permit
number as issued by the Division of Water Quality These covenants may
not be changed or deleted without the consent of the State
2 No more than square feet of any lot shall be cover ed by structures m impervious materials
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar maternal but do not include wood
decking or the water surface of swimming pools
3 Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings
4 Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction
5 All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot
V SUPPLEMENT FORMS
The applicable state stormwater management perrnit supplement form(s) listed below must be subrnitted for
each BMP specified for this project Contact the Stormwater and General Pernuts Unit at [phone] for the
status and availability of these forms
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3 99
Page 3 of 4

� A
VI SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ)
A complete package includes all of the items listed below The complete application package should be
submitted to the appropriate DWQ Regional Office
Please indicate that you have provided the following required information by initialing in the space
provided next to each item
lrutials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Pernut application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including KPB
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required) i
VII AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete ttus section
Designated agent (individual or firm) Keith P B u l l a, P E
Mailing Address
City
3202 Binford Court
Wilmington
State N C Zip
28405
Phone ( 910 ) 791-4724 Fax ( 910 ) 455-9033
VIII APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2)
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H ON _ ',
Signature
Date IVOZLO3
Form SWU-101 Version 3 99 Page 4 of 4

Keith P. Bulla, P.E.
3202 Binford Court
Wilmington, N.0 28405
Telephone. [phone]
January 30, 2004
Lauri Munn
Environmental Engineer
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Re Ricks Restaurant and Sports Bar
Storm Water Project Number SW8 030704
1_07=8 MM
On behalf of Alliance Construction Company, I have enclosed for your review the revised storm
water management site plan and detail sheet in accordance with your faxed comments dated January
8, 2004 in duplicate for the project Ricks Restaurant and Sports Bar
If you have any questions in regard to the revised storm water management site plan, please advise
Sincerely,
Keith P Bulla, P E
Project Engineer
cc Charles Riggs & Associates

Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek P E Director
Division of Water Quality
Coleen H Sullins Deputy Director
Division of Water Quality
FAX COVER SHEET
Date January 8, 2004 No of Pages 1
To Keith Bulla From Laurie Munn
Company Water Quality Section - Stormwater
FAX # [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number`SW8 03070�
Project Name Ricks Restaurant and Sports Bar
MESSAGE
I have reviewed the information you submitted on December 15, 2003 I apologize for not
making this comment during the first review period, but I anticipated the design being changed
to infiltration You will be able to use a wet pond as your stormwater system Please address the
following comments and return 2 copies of Sheet 2
Please relocated the Outlet Control Structure so that the flow path has a 3 1 L W ratio
You may use baffles as well to lengthen the flow path
Please add a note to the plans that all roof drainage must be directed so as to be picked up
by the pond
The permit is drafted and will be issued upon receipt of the above items Please call me if you
have any questions You may also email me at laurie munn@ncmail net
S\WQS\STORMWAT\ADDINFO\2004\030704jan04
W'v
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington NC 28405 [phone] Fax [phone] N( DENR

Michael F Easley Governor
gg 20A William Ross Jr Secretary
Department of Environment and Natural Resources
Alan W Klimek P E Director
Division of Water Quality
December 10, 2003
ri
11121,
Ms Linda Bumgardner d�3
Alliance US Properties, LLC
P O BOX 1210
SNEADS FERRY, NC 28460
Subject Remission Request of Civil Penalty Assessment
Alliance US Properties, LLC
Onslow County
Case Number CV-2003-0302
Dear Ms Bumgardner
This letter is to acknowledge your request for remission of the civil penalties levied against the
subject entity, submitted on your behalf by Mr Lee C Biggar Your request will be placed on
the agenda of the Director's next scheduled enforcement conterence and you will be notified of
the result
It you have anv questions about this matter please contact me at [phone] extension 547
Sincerely,
Bob Sledge, Environmental Specialist
Point Source Compliance/Enforcement Unit
cc Wilmington Regional Office w/attachments
Enforcement/Compliance w/onginals
Central Files w/attachments
Enforcement File w/3 attachments
Mr Lee C Biggar, Esq
;A
r 111:1f T
Customer Service Division of Water Quality 1617 Mail Service Center Raleigh NC 27699 1617
1 800 623 7748 [phone] Fax [phone]

STATE OF NORTH CAROLINA
COUNTY OF Onslow
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Mr Rick Bumgardner
( Alliance US Properties, LLC )
Case Number CV-2003-0302
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Case No CV-2003-0302
Having been assessed civil penalties totaling $4,086 71 for violation(s) as set
forth in the assessment document of the Director of the Division of Water Quality dated
October 27, 2003 the undersigned, desiring to seek remission of the civil penalties,
does herehy waive the right to sn administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document
The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water
Quality within thirty (30) days of receipt of the civil penalty assessment No new
evidence in support of a remission request will be allowed after thirty (30) days from the
receipt of the civil penalty assessment
This the
3I-lP
day of Ders.., S, , 20ojr
SIG URE
for
ADDRESS
TELEPHONE
9/0- 318- sa zz
DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator Mr Rick Bumoardner ( Alliance US Properties, LLC 1
6of7

Lee C. Biggar
Attorney and Counselor at Law
307 B Roland Avenue
Post Office Box 2728 (Mailing address)
Surf City, NC 28445
Telephone [phone]
N C Licensed General Contractor # 21231
12/3/03
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
Re Case Number CV-2003-0302 Request for Remission
Dear Sir or Madam
Facvimde [phone]
Emad leebrrgar c�chartet net
I am writing on behalf of my client Alliance US Properties, LLC to request remission of
the fines assessed in the above -referenced matter We stipulate that there are no factual or legal
issues in dispute
First I want to give you some background on this matter Alliance US Properties LLC is
a holding company for the Bumgardner/Matz family for several residential rental properties
This is the company's first foray into commercial development The General Contractor on the
project �Nas Alliance Construction Corporation of NC, Inc with Rick Bumgardner as President
and qualifying officer for the General Contractors License This company has constructed
several single-family or duplex homes on the island generally on 50 or 60 X 100' residential
lots This project was also the Contractor's first commercial project
Alliance contracted with Riggs & Associates as site surveyors for the project Riggs is
x+idely considered the best in this area in this type of project and they laid out the site and
di amage systems Needing less than one acre for the construction of the restaurant and parking
aieas they carefully staked out an area slightly less than one acre to be sure that they would be in
corpliance with the regulations They staked out the rear corners with instructions to the
sitework contractor that he not go past those stakes The lot was cleared to the stakes and in
compliance Towards the end of construction and development of the gravel parking areas they
found that the site drainage was not optimal at the rear of the site In order to correct the
drainage problem, they consulted again with Charles Riggs, who recommended a retention basin
be developed in the rear of the property, said basin to be dug within the area originally staked
out
Riggs and Associates staked out the comers of the basin and established the depth to be
dug out A sitework contractor came to thejob and dug out the basin again, still within the
minus one acre However rather than haul the dirt off, the contractor piled the dirt behind the
retention basin on the area that was not supposed to be disturbed By Mr Riggs calculations
this resulted in an area of 1 003 acres disturbed in this development

Thus, it is admitted that the project became out of compliance by the sitework contractor
placing the excess dirt on the other side of the retention pond We just want to point out that
Alliance never intended to violate the Act The violation that occurred was at the end of the
project and was inadvertent Indeed, had they not dug the retention pond, they would have been
in compliance but the drainage problem would have had a worse environmental impact on the
area
We also wish to point out that a part of the area that your field personnel measured off is
not the property of Alliance The driveway is a part of a 60' right-of-way (0 12 Acres by Riggs
calculations) on neighboring property that was cleared prior to Alliance purchase of their
property Alliance necessarily had to develop the roadbed and gravel the area in order to gam
access to their property Thus, this was not an area cleared by Alliance, but only improved with
vegetation, rock and drainage systems
Thus, in request for remission, we wish to point out the following
1 There was never an intent to disturb more than one acre of land
2 In the development of the property, Alliance worked with Charles Riggs and Associates
to develop the property in an environmentally safe manner during construction, and took
all steps during development to use proper planning and techniques that would have been
required under a permit
3 Upon inspection by the State, Alliance responded in a timely manner and implemented all
the recommendations and requirements of your field staff
4 The violation was inadvertent and the result of a mistake by their sitework subcontractor
5 Neither Alliance US Properties, Inc or the contractor have ever been cited for or assessed
civil penalties for any violations
Therefore, we request that the civil penalties be forgiven for the reasons set forth above
Alliance is certainly willing to pay for your enforcement costs as a result of these problems
Prior to sending this in, I did sent this to Riggs and Associates for their review, and they
are in complete agreement with the substance of this letter If it would be helpful to have a letter
from them, please advise and we will submit further documentation Should you have any
questions or comments, please do not hesitate to contact me
With warmest and best regards, I am
Very truly yours,
Lee C Biggar

Keith P Bulla, P E
3202 Burford Court
Wilmington, N C 28405
Telephone [phone]
December 11, 2003
Nis Laurie Munn
Environmental Engineer
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Re Storm Water Management Permit Application
Alliance Construction Corporation of N C
Rick's Restaurant and Sports Bar
Stump Sound Township, Onslow County
Stormwater Project Number SW8 030704
Dear Ms Munn
On behalf of Alliance U S Properties, LLC, P O Box 1210, Sneads Ferry, North Carolina, I have enclosed for your
review, the revised storm water management plan, in duplicate and project narrative, for the project Alliance
Construction Corporation of N C (Rick's Restaurant and Sports Bar) The plan and narrative has been revised in
accordance with your comments dated November 21, 2003
I he responses to your like -numbered comments are as follows
Intersection of NC Highway 172 and 210 added to site vicinity map,
The plan has been revised to illustrate existing and proposed contours only,
Additional spot elevations have been added to the site plan to illustrate the stormwater is directed to the
stormwater detention basin,
Additional spot elevations have been added to the entrance drive, and,
The project stormwater discharges to the NC Highway 210 roadside ditch that drains south to an unnamed
tributary of Goose Bay/Intracoastal Waterway A copy of a portion of the USGS map, "Sneads Ferry"
quadrant, illustrating the site location, distance and the direction of the stormwater drainage is attached to the
revised project narrative As illustrated on the site map, the site is greater than '/,-mile from the SA HWQ
waters
If you have any additional questions or comments in regard to the revise plan, please advise
Sincerely,
�
P
Keith P Bulla, P E
Project Engineer
Fnclosures
cc Alliance US Properties I I C (Wo encs )
Charles Riggs & Associates (w/mcs )

S 1 ORMWAI ER MANAGEMENT NARRATIVE
FOR
ALLIANCE CONSTRUCTION CORPORATION OF NC
RICK'S RESTAURANT AND SPORTS BAR
NC HIGHWAY 210
STUMP SOUND TOWNSHIP
ONSLOW COUNTY, NORTH CAROLINA
PREPARED FOR
ALLIANCE U S PROPERTIES, LLC
P O BOX 1210
SNEADS FERRY, NORTH CAROLINA 28460
12, lit 103
PREPARED BY
KEITH P BULLA, P E
3202 BINFORD COURT
WILMINGTON, NORTH CAROLINA 28405
[phone]

STORM WATER MANAGEMENT NARRATIVE
ALLIANCE CONSTRUCTION CORPORATION OF NC
RICK'S RESTAURANT AND SPORTS BAR
STUMP SOUND TOWNSHIP
ONSLOW COUNTY, NORTH CAROLINA
October 11, 2003 (Revised December 11, 2003)
Project Description
This project, Alliance Construction Corporation of NC, Rick's Restaurant and Sports Bar,
will be a dine -in restaurant and sports bar with parking The project site is being
developed on a 1 38-acre site The property is located on the west side of NC Highway
210 approximately 1300 linear feet south of the intersection of NCSR 1518 and NC 210
Stump Sound Township, Onslow County The storm water controls for the project
include vegetated buffers vegetated swales and wet detention basin There is no off -site
storm water contributing to this site The project wet detention basin will discharge to a
ditch located in a future street right of way The project is located in a watershed that
drains to the Goose Bay/Intracoastal Waterway, classified as SA ORW waters The storm
water from the site discharges to the NC Highway 210 roadside ditch and flows south
approximately 2000 linear feet, then west perpendicular to Hwy 210 to an unnamed
tributary of GooseBay/Intracoastal Waterway The site is more than '/2-mile from these
SA ORW waters (See the attached site location map) The project provides easements for
the storm water conveyances Alliance U S Properties, LLC, is responsible for the
construction, operation and maintenance of the storm water system
This property has been cleared and has been developed The proposed total impervious
surface area is 97 acres The percentage of impervious surface area for the site is
approximately 70 4%, requiring the site to be developed as a high -density site in
accordance with NC Storm Water Regulations According to the Soil Survey of Onslow
County, the site soils consist of the Baymeade series fine sand described as moderately
well drained soils located on uplands The seasonal high water table is estimated to be
located at 4 to 5-feet below the ground surface
The site is serviced with water and sanitary sewer from the North Topsail Utilities
Storm Water Management
During construction, silt fences are to be constructed around the site to manage runoff
The proposed wet detention basin will be constructed to the rear of the property The wet
detention basin has been designed to capture the first one -inch of storm water runoff from
each rainfall event The wet detention basin calculations are enclosed The detention
basin will be utilized as a sediment trap during construction and will be cleaned and
restored to design dimensions upon construction completion

The wet detention basin has one curb inlet located on the eastern bank The runoff from
the site flows to swales located in the parking area that dram to the curb inlet The storm
water will flow into the basin forebay, design volume approximately 20% of the total
basin design volume From the forebay, the storm water will flow over a spillway along
the width of the basin into the main basin pool The basin has a permanent storage depth
of 5 0-feet The top of the permanent pool is provided with a planting shelf with a slope
of 6 1 The 1-inch of rainfall is contained in 1 2-foot above the permanent pool A basin
freeboard of 8-foot and an emergency spillway are to be provided The basin side slope
will be 3 1 above the permanent pool The basin storage volume above permanent pool
will be discharged through a 1-inch diameter onfice located in the basin outlet structure
The 1-inch diameter outlet will discharge the 1-inch of rainfall over a two-day period
The outlet structure is equipped with a 6-inch dram located at the bottom of the structure
for draining the basin From the outlet structure, the basin can be pumped out for any
required cleaning or maintenance

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Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek P E Director
Division of Water Quality
Coleen H Sullins Deputy Director
Division of Water Qualjty
November 21, 2003
Mr Rick Bumgardner, President
Alliance U S Properties, LLC
P O Box 1210
Sneads Ferry, NC 28460
Subject REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No SW8 030704
Alliance Construction Corporation
Rick's Restaurant and Sports Bar
Onslow County
Dear Mr Bumgardner
The Wilrrungton Regional Office received a Stormwater Management Permit Application for
Alliance Construction Corporation (Rick's Restaurant and Sports Bar) on October 13, 2003 A
preliminary review of that information has determined that the application is not complete The following
information is needed to continue the stormwater review
✓ 1 Please add the intersection of Hwy 172 and Hwy 210 to the vicinity map
2 The plan includes overlapping dashed contour data The legend indicates that the dashed
contour is the existing contour Please revise the contour line types so that there are not
overlapping dashed Imes or revise the legend to state the difference between the lines
3 Please provide additional spot elevations along the edge of pavement and in the corners
of the parking to show that all impervious areas are directed to the stormwater system
4 Please include spot elevations for the entrance drive to show that this area is directed to
the stormwater system
5 It appears that the site drams to Mill Creek Mill Creek is classified as SA HWQ waters
✓ The site is located within %z mile of Mill Creek Please revise the plans to show an
infiltration system as required by State Stormwater requirements
Please note that this request for additional information is in resppnse to a preliminary review
The requested information should be received by this Office prior to December 21, 2003, or the
application will be returned as incomplete The return of a project will necessitate resubmittal of all
required items, including the application fee
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter The request must
indicate the date by which you expect to submit the required information The Division is allowed 90 days
from the receipt of a completed application to issue the pernut
N C Division of Water Quality 127 Cardinal Drive Extensionomer i �A
Wilmington Regional Office Wilmington NC 28405 [phone] Fax [phone]� YC EM1R

Mr Rick Bumgardner
Page 2
November 21, 2003
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215 1 and is subject to
enforcement action pursuant to NCGS 143-215 6A
Please reference the State assigned project number on all correspondence Any original
documents that need to be revised have been sent to the engineer or agent All original documents must be
returned or new originals must be provided Copies are not acceptable If you have any questions
concerning this matter please feel free to call me at [phone]
Sincerely,
Lauri Munn
Environmental Engineer
RSS/ Ism S\WQS\STORMWAT\ADDINFO\2003\030704 nov03 doe
cc Laurie Munn
Keith P Bulla, P E

Keith P Bulla, P E
3202 Burford Court
Wilmington, N C 28405
Telephone [phone]
October 11, 2003
Ms Linda Lewis
Environmental Engineer
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Re Storm Water Management Permit Application
Alliance Construction Corporation of N C
Rick's Restaurant and Sports Bar
Stump Sound Township, Onslow County
Dear Ms Lewis
�)0
On behalf of Alliance U S Properties, LLC, P O Box 1210, Sneads Ferry, North Carolina, I have
enclosed for your review, the storm water management application, one original and one copy, one
wet detention basin supplement, plans with seeding specifications, in duplicate, calculations, and
project narrative, for the project Alliance Construction Corporation of N C (Rick's Restaurant and
Sports Bar) Also enclosed is the $420 00 application fee This project is being developed as a high -
density project The proposed project consists of a dine -in restaurant and sports bar with parking
The storm water management method for this project is one detention basin designed for 90%
removal of suspended solids The detention basin is proposed to discharge to a future roadway
easement with roadside ditches The project is located in a watershed that drams to the Intracoastal
Waterway The project discharges storm water more than''/z-mile from these surface waters
If you have any questions in regard to this storm water management application, please advise
Sincerely,
Keith P Bulla, P E
Project Engineer
Enclosures
cc Alliance US Properties, LLC (w/o encs )
Charles Riggs & Associates (w/encs )
RECEI 'Y EJi
OCT 13 2003
DWQ
PROJ #

STORM WATER CALCULATIONS
For
Alliance U S Properties, LLC
Risk's Restaurant and Sports Bar
Stump Sound Township
Onslow, North Carolina
a.•"``N CAR°`''a
FEssio�
SE
0
%,,h° p OJ�, l0ll(103
a4hnnn"
October 11, 2003
Prepared By Keith P. Bulla, P.E.
3202 Binford Court
Wdmington, N.C. 28405
[phone]
Prepared For: Albance U S. Properties, LLC
P.O Boa 1210
Sneads Ferry, N.C. 28460

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Department of Environment
and Natural Resources
Wilgngton Regional Office
Division of Land Resources
Land Quality Section
Mtchael F Easley, Governor
Wtlham G Ross Jr , Secretary
NCDENR-
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCE5
September 23 2003
NOTICE OF CONTINUING VIOLATION(S) OF
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7003 0500 0004 8598 0270
RETURN RECEIPT REQUESTED
Mr Rick Bumgardner
P 0 Box 1210
Sneads Ferry, NC 28460
Dear Mr Bumgardner
Project Name Rick s Restaurant
Project No ON-04002
Onslow County
On July 9 2003 you received a Notice of Violation(s) indicating that you and/or your firm were
conducting a land -disturbing activity located on Highway 210 in Sneads Ferry in Onslow County that was in
violation of the Sedimentation Pollution Control Act of 1973
A follow-up of this project on September 12 2003 indicated that the violation has still not been
corrected
1 An erosion and sedimentation control plan has not been submitted to this office for the referenced
project
2 Measures to control erosion and retain sediment on site have not been provided
Because the violation was not corrected on or before the deadline for compliance which was August
9 2003 this matter is being referred to the Director Division of Land Resources, for enforcement I urge you
to correct this violation immediately A civil penalty of up to $5,000 per day for violations is authorized by
NCGS 113A-64 It should be noted that each day of noncompliance constitutes a new violation of the
Sedimentation Pollution Control Act of 1973 A penalty maybe assessed from the date of the violations until
the date the violations are corrected Please be advised that if compliance is not immediately undertaken, other
appropriate enforcement action may be requested
Please do not hesitate to contact me regarding any questions you might have about this matter
DS/bfr
cc Sedimentation Specialist
WIRO-LQS
Enclosure Inspection Report
Sincerely
Daniel Sam M E
Regional Engineer
127 North Cardinal Drive Wilmington N C 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Uepartment of Environment _
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F Easley, Governor ' _ -
William G Ross Jr, Sechetary
July 7, 2003
NC®ENR
"_ NIXm, C 0 N OfPaRnUR O.
EMV,AONnvrt I.xo Nq{py, ge�dmce5
NOTICE OF VIOLATIONS OF THE
_SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7003 0500 0000 8804 3860
RETURN RECEIPT REQUESTED -,
Mr Rick Bumgardner
P O Box 1210 _
Sneeds Fe NC 28460
Protect Name R k' R
x
1 - _ , „ , •,
is s estaurant
Protect No ON-04002
Dear Mr BumgardnerOnslow County
V � Y J y _ -
On June 19, 2003, personnel of this office inspected a protect located on NC Highway210 in Onslow County,
North Carolina This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution
Control Act of 1973 The inspection revealed a land -disturbing activity of approximately 1 1 acres being conducted
It is our understanding that you and/or your firm are responsible for this land -disturbing activity Thepurpose
of this letter is to inform you thatthis activitywas found to be in violation of the Act, NCGS 113A-50 to 66 and Title 15A,
North Carolina Administrative Code, Chapter 4 If you feel that you are not responsible for the following violations, please
notify this office immediately
The violations that were found are
Failure to file an erosion and sedimentation control plan with this office at least 30 days pnor to beginning a land -
disturbing activity on a tract comprising more than one acre, when more than one acre is to be uncovered, failure
to secure this office's prior approval of the plan for any land -disturbing activity prior to beginning the land -
disturbing activity NCGS 113A-54(d)(4), G S 113A-57(4) and 15A NCAC 4B 0007(c)
An erosion and sedimentation control plan has not been submitted to this office for the referenced
protect
An acceptable erosion and sedimentation control plan must be filed with and approved by this office and
-implementedonthe sitesufficie'nttopreventoff-site sedimentation Until the required plan has been approved,`_`
_ _temporary measures mustbe provided imrrfediatelyto control erosion and prevent sedimentation d5n­CageAny
additional land -disturbing activities conducted without an approved erosion and sedimentation control plan will
constitute additional violations of the Act We will notify you following our review of the plan if additional
measures are required
2 Failure to take all reasonable measures to protect all public and private property from damage by such land -
disturbing activities 15A NCAC 4B 0005
Measures to control erosion and retain sediment on site have not been provided
s Mr. -Rick Bua gardner -
�f aJuly7-2003'
>,k�P�ageTwo 7
<�
^-3" y."..Y.Al ,R4;{::
127 Cardinal Dnve Extension Wtlmington N C~`28405-3845 . Telephone [phone] Fax [phone] `-
�� ;- An Equal Opportunity Affirmable Action Employer

I
AUG-14-03 03 17 PM CHARLES F RIGGS RLS 910 4S5 9033 P 01
CHARLES F RIGGS AND ASSOCIATES, INC
202 WARLICK STREET
P O BOX 1570
JACKSONVILLE NORTH CAROLINA 28541-1570
TELEPHONE [phone]
FACSIMILE [phone]
E-MAIL riaaslandOwbizec rr com
August 13, 2003
Ms Linda Lewis
Environmental Engineer
Water Quality Section
Division of Water Quality
Wilmington Regional Office
North Carolina Department of Environment and Natural Rcsources
127 Cardinal Drive Extension
Wilmington North Carolina 28405-3945
Re Rick's Restaurant
Stormwater Project No SW8 030704
Onslow County
Dear Ms Lewis
Upon receipt of your letter of July 14, 2003, Mr Rick Bumgardner employed Charles F
Riggs & Associates, Inc and Mr Keith Bulla, P E to bring his project within compliance
Charles F Riggs & Associates, Inc has performed a complete boundary, physical and
topographic survey of the property With this survey, Mr Keith Bulls, P E will evaluate
the site and design both the erosion and sedimentation control plan and the stormwater
plan
I anticipate submittal of the stormwater plan by September 8 2003
Respectfully
Charles F Rig S

UNITED STATES POSTAL SERVICE First Class Mail
Postage & Fees Paid
USPS
Permit No G 10
• Sender Please print your name, address, and ZIP+4 In this box
State of North Carolina 1
DENR
127 Cardinal Drive Ext
Wilmington, NC 28405 (Attn BEV
LC-
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so that we can return the card you
to the back of the mallpleee,
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■ Attach this card
or on the front if space permits
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JUL 16 4JJ3 I
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❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C O D
4 Restricted Delivery? (Extra Fee) ❑ Yes
2 Article Number 7003
(runs/er /rom service labs/)l
0500 0000 8804 3136
PS Form 3811 August 2001 Domestic Return Receipt 1025e5-02 M 1540

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Michael F Easley Governor
William G Ross, Jr Secretary
North Carolina Department of Environment and Natural Resources
July 14,_
Alan W Klimek, P E , Director
Division of Water Quality
Coleen H Sullins Deputy Director
Division of Water Quality
Wilmington Regional Office
CERTIFIED MAIL # 7003 0500 0000 8804 3136
RETURN RECEIPT REQUESTED
Rick Bumgardner
PO Box 1210
Sneeds Ferry, NC 28460
Subject REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Rick's Restaurant
Stormwater Project No SW8 030704
Dear Mr Bumgardner Onslow County
On July 7, 2003, the Wilmington Regional Office received a copy of a Notice of
Violations of the Sedimentation Pollution Control Act for Rick's Restaurant The North Carolina
Administrative Code requires any project that must receive either Sedimentation and Erosion
Control Plan approval and/or a CAMA Major permit to apply for and receive a Stormwater
Management Permit by the Division of Water Quality Any construction on the subject site,
prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H 1000 and
may result in appropnate enforcement action by this Office
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than August
14, 2003 Failure to respond to this request may result in the initiation of enforcement action, and
construction may experience a subsequent delay
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control
Plan approval letter must NOT be considered the Coastal Stormwater Management Permit,
which will be signed by the Water Quality Supervisor Please reference the Project Number
above on all correspondence If you have any questions, please call me at (910)-395-3900
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl S \WQS\STORMWAT\STORMSUB\030704 Jul
cc Mitchell Parker, Onslow County Building Inspections
Jim Gregson
Linda Lewis
Central Files
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington N C 28405 [phone] Fax [phone] NCDENR

0
7003 0500 0000 8804 3136
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Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F Easley, Governor
William G Ross Jr , Secretary
ATE"A
NCDENR
NOntry Cu+ouw R ofp<rsror
ENVIROMMCM MD Nmma� [sounc[s
July 7, 2003
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7003 0500 0000 8804 3860
RETURN RECEIPT REQUESTED
Mr RICK Bumgardner
P 0 Box 1210
Sneeds Ferry NC 28460
Dear Mr Bumgardner
�r.Jc�3o7oy
Project Name Rick s Restaurant
Project No ON-04002
Onslow County
On June 19 2003 personnel of this office inspected a project located on NC Highway 210 in Onslow
County North Carolina This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973 The inspection revealed a land disturbing activity of
approximately 1 1 acres being conducted
It is our understanding that you and/or your firm are responsible for this land disturbing activity The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50
to 66, and Title 15A, North Carolina Administrative Code Chapter 4 If you feel that you are not responsible
for the following violations, please notify this office Immediately
The violations that were found are
1 Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity NCGS 113A-54(d)(4) G S 113A-57(4) and
15A NCAC 413 OOO7(c)
An erosion and sedimentation control plan has not been submitted to this office for the referenced
project
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and Implemented on the site sufficient to prevent off -site sedimentation Until the required plan has
been approved temporary measures must be provided immediately to control erosion and prevent
sedimentation damage Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act We will notify you
following our review of the plan if additional measures are required
2 Failure to take all reasonable measures to protect all public and private property from damage by such
land disturbing activities 15A NCAC 4B 0005
Measures to control erosion and retain sediment on site have not been provided
127 Cardinal Drive Extension Wilmington N C 28405 3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr Rick Bumgardne,
July 7, 2003
Page Two
To correct these violations, you must
1 Submit and erosion and sedimentation control plan to this office for the referenced protect
2 Install the measures structures and/or devices necessary to control erosion and retain sediment
on site
Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover"
or of "ground cover sufficient to restrain erosion " These requirements are not satisfied until a standing cover
of grass or other ground cover is established which is in fact sufficient to restrain accelerated or man-made
erosion
The initial one day civil penalty could be an assessment of up to $5,000 00 A time period for
compliance is not required for this initial one day civil penalty pursuant to NCGS 113A-61 1 (c) and NCGS
113A-64(a)(1) An initial one day civil penalty is being considered for this protect
If the violations described in this Notice are not corrected within 30 days following your receipt of this
Notice the Division of Land Resources may take additional appropriate legal action against you pursuant to
NCGS 113A 64 That action could be the assessment of additional civil penalties and may result in the
initiation of other remedies as prescribed by the Act If additional civil penalties are assessed for the violations,
the amount may be up to $5,000 00 per day for each day of the violation pursuant to NCGS 133A-64(a)(1)
If all violations are corrected within the time period specified for compliance, additional civil penalties or legal
remedies will not be pursued
Any new land -disturbing activity associated with this protect should not begin until the area presently
disturbed is brought into compliance with the Act When corrective actions are complete, you should notify
this office so that the work can be inspected You should not assume that the site is in compliance with the
Act until we have so notified you In addition, once compliance has been achieved all installed measures must
be satisfactorily maintained until development is complete and the site is fully stabilized to avoid further
violations of the Act
We solicit your cooperation, and would like to avoid taking further enforcement action At the same
time, it is your responsibility to understand and comply with the requirements of the Act Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request
Should you have questions concerning this Notice or the requirements of the Act, please contact either Carol
Miller or me at your earliest convenience
Please do not hesitate to contact me regarding any questions you might have about this matter
SSince�rely`4
Daniel Sams, P E , M E
Regional Engineer
DES//bfr
cc Sedimentation Specialist
WiRO LOS
s OWGSupervisorWRO'—_�'
Enclosure Inspection Report

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITY SECTION 127 Cardma�prive Ext Wilmington NC 28405-3845 [phone]
Person Financially Responsible
Address '0 n A= , i 7
River Basin(A)h k / )n
Project # 11ti1 — o -/ i)n 7i
1 Project Location ii I1 2I( Pictures No �y{ Yes ❑
...
Prints ❑ Slides ❑ Digital El Video ❑
2 Weather and Soil Condmons —„ „ ,,, ,
3 Is site currently under notice of violanon? t " Yes ❑ No
4 Is the site in compliance with the S P C A and the rules9 Yes ❑
No ❑ If no check violations below
5 Violations
/
E1 a No approved plan, G S 113A 57(4) and 15A NCAC 04B 0107(c)
❑ g Inadequate buffer zone, G S 113A 57(1)
O b Failure to follow approved plan G S 113A 61 1
❑ h Graded slopes and fills too steep, G S 113A 57(2)
❑ c Failure to submit revised plan G S 113A -54 l(b) and
or 15A NCAC 04B 0124 (d)
15A NCAC 04B 0118(a)
❑ i Unprotected exposed slopes, G S 113A-57(2)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
❑ 1 Failure to maintain erosion control measures
15A NCAC 04B 0107(b) or 15A NCAC 04B 0124(e)
15A NCAC 04B 0113
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ k Other(describe)
Pf Failure to take all reasonable measures, 15A NCAC 04B 0105
6'Potennal NPDES Permit Violation? Yes ❑ No ❑ Describe
7 Has sedimentation damage occurred since last inspection? Yes ❑ If yes, where9 (check all that apply) No 17,
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑/
Description
Degree of damage Slight ❑ Moderate ❑ Severe ❑
8 Contact made with (Name) AiArl F
Title
Inspection Report given ❑ or sent 0 to Person Financially Responsible
Date given/sent 7- q -
9 Corrective actions needed
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