12_NCS000414_NOV Example_20210708

PUBLIC WORKS DEPARTMENT
STORMWATER MANAGEMENT DIVISION
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514-5705
Telephone [phone]
Fax [phone]
www.townofchapelhill.org
SENT VIA CERTIFIED MAIL & EMAIL
CERTIFIED MAIL NUMBER: 7016 3560 0000 6131 5035
April 22, 2021
Townhouse Apartments LLC
PO BOX 2485
Chapel Hill, NC 27515
Josh Glover
Senior Director, Development
Greystar
[e-mail]
521 East Morehead Street, Suite 400
Charlotte, NC 28202
SUBJECT: Notice of Violation: Chapel Hill Code of Ordinances Chapter 23, Article V
Union Chapel Hill, 425 Hillsborough Street Chapel Hill, NC 27514
PIN: 9788-49-1708
Dear Mr. Glover:
On March 8, 2021, Town of Chapel Hill Stormwater Management Division (SMD) staff received a
report of pool sealant material (marcite) entering a storm drain at Union Chapel Hill Apartments.
Stormwater Management Division staff conducted an inspection on March 8, 2021, and observed
the following conditions:
• Marcite staining on one stormwater catch basin grate and inside of two connected
stormwater catch basins.
• The bottom of the outfall pipe connected to the catch basins was covered in a dried layer
of marcite.
• The rip -rap stones in the immediate area surrounding the outfall pipe and a small channel
outside of the rip -rap stones were also covered in a layer of dried marcite.
• The slope below the small channel outside of the rip -rap stones was covered in trace
amounts of marcite staining which ended directly above a head cut in the soil
hydrologically connected to the adjacent Mill Race Branch stream.
• Jason Salat spoke with Mr. William Anna of Union Chapel Hill who described the situation
as pressure washing of marcite material off the surface of the permeable pavement
stormwater control measure without containment in the parking lot of Union Chapel Hill.

Notice of Violation — Illicit Discharge Ordinance
425 Hillsborough Street Drive Chapel Hill, NC 27514
April 22, 2021
The observed conditions above show non-stormwater entered the stormwater drainage
system, which is defined as an illicit discharge. An illicit discharge is a violation of the
Chapel Hill Code of Ordinances Chapter 23, Article V, Section 23-84:
Sec. 23-84. — Prohibited Discharges and Connections.
(a) Illicit discharges
(1) No person shall cause or allow the discharge, emission, disposal, pouring or
pumping directly or indirectly to the stormwater drainage system, including the
MS4 or waters of the State, or upon the land in a manner and amount that the
substance is likely to reach the stormwater drainage, any liquid, solid, gas or other
substance, other than stormwater.
On March 91" , the following requirements were communicated via email to Union Chapel Hill
Management:
• Removal of the rip rap stones and replacement with clean rip rap stones as well as
removal and replacement of any soil covered by marcite, but there should not be any
land disturbance outside that envelope of rip rap stone.
• There is also a lot of sediment and trash in the rip rap apron that requires removal and
proper disposal.
• A channel adjacent to the southern portion of the rip rap apron has a significant
accumulation of hardened marcite that also requires removal; this should be completed
with hand tools and no land disturbance should take place.
• Any material in the buffer outside the rip rap apron will need to be removed with hand
tools without disturbing the land surface. This includes the lower area below the rip rap
stones that we walked down to in our field meeting where material is sparse.
• The catch basin and stormwater pipe will also need to be cleaned out in a manner that
does not produce any discharge to Mill Race Branch (the stream the drainage area
empties into). The marcite will need to be removed from the outfall pipe and the two
stormwater catch basins require being flushed with potable water only (no
cleaners). The water used to flush the storm drains (after marcite removal from the pipe)
is required to be captured and reclaimed using a wet vacuum at the end of the
stormwater pipe and disposed of properly.
During a March 11t" inspection, Town staff observed:
The majority of rip rap rocks covered by dried marcite were removed although some
remained.
The marcite material had only been partially removed from the outfall pipe while only light
staining remained in the catch basins.
Water used to rinse grit off the new rip rap stones was travelling into the channel outside
of the rip rap area and down the slope toward but not entering Mill Race Branch.
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Notice of Violation — Illicit Discharge Ordinance
425 Hillsborough Street Drive Chapel Hill, NC 27514
April 22, 2021
• Jason Salat required the water used in the rinsing process to be removed by wet vacuum
which was completed that day. Some leftover trace marcite material on the slope below
the rip rap area was also removed at Jason Salat's request.
• Jason Salat required that all remaining rip rap stones covered by marcite material be
removed and replaced and the marcite material be fully removed from the outfall pipe.
During a March 12t" inspection, Town staff observed:
• The rip rap stones with marcite material on them were fully removed and replaced.
• Fine grained material leftover from the new rip rap stone was removed by vacuum at Jason
Salat's request.
• The inside of the outfall pipe was cleaned once more with wet rags during Jason Salat's
visit and it was observed that only staining and not physical marcite material remained.
• Jason Salat sent an email notification to Union Chapel Hill Management that all required
on -site cleanup and remediation had been completed.
In order to achieve compliance with the Town's Code of Ordinances, the following measures
must be taken by 5/6/2021:
Review the enclosed "Cleaning Up Spills in Your Restaurant" UNC Institute For The
Environment educational document (the document is useful for all businesses in
immediate containment and cleaning of spills).
2. Review the enclosed "Power Washing at UNC — Environment, Health and Safety" UNC
Environment, Health and Safety educational document.
3. Complete the enclosed sign -off sheets to indicate that both documents were shared with
all personnel. Sign -off ensures that each individual personnel member has received and
reviewed the information.
4. Return copies of the enclosed sign -off sheets by mail or email by close of business on
5/6/2021.
Please be advised that the Town of Chapel Hill may assess civil penalties (fines) or require other
remedies in accordance with Section 23-89 for any violations or continuing violations; each day
the violations of Chapter 23, Article V continue beyond the date of this notification shall constitute
separate violations and may be subject to a recurring assessment of applicable civil and/or
criminal penalties and other penalties as further outlined in Chapter 23, Article V, Section 23-89.
Thank you for your prompt attention to this matter.
Sincerely,
Jason Salat
Stormwater Specialist
Town of Chapel Hill Stormwater Management Division
0salat(a_townofchapelhill.org
Phone: [phone]
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