HomeMy WebLinkAboutSW8990462_Compliance Evaluation Inspection_20200122STATE OF NORTH CAROLINA, Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215
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DEQ SECTION: DEMLR REVIEW TIME:-422-hfli @1 1:00-1:00
NAME: Charlie Cazier EMAIL: charlie@intracoastalengineering.com
REPRESENTING: Intracoastal Engineering PLLC PHONE: 910-859-8983
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FACILITY NAME
COUNTY
l . SW8 990462 Rocky Point Commercial
Pender
2. SW8 100307 NC Furniture Warehouse
Pender
3. SW8 990107 Trailers Unlimited Inc
Pender
4. SW8 020206 Coastal Equipment
Onslow
5. SW8 030312 Dollar General Rocky Point /�0
Onslow
6. SW8 041211 Point Mini Storage #2 �/
Pender
f�Rocky
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Signature and Nall6e o Firm/Business 61he M /DD/YY Time In Time Out
COPIES MAD PAID
G:/ADM/Shared/File Review Access Form rev 2018
INVOICE
_Ai. �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 7, 2010 d
Mr. Charles E. Wells p . (-�-
Eagle Investments
1640 NC Hwy 53 West I X `
Burgaw, NC 28425 0 l� _
Subject: Notice of Inspection (� 1
Stormwater Project No. SW8 990462 Mod
Rocky Point Commercial Park
Pender County
Dear Mr. Wells:
On November 5, 2009 and December 29, 2009, Angela Hammers of the Wilmington
Regional Office of the Division of Water Quality (DWQ) inspected the Rocky Point
Commercial Park in Pender County to determine compliance with Stormwater
Management Permit Number SW8 990462 issued on December 2, 2005.
A preliminary in-depth review of information regarding each lot's requirements for deed
restriction submittal and acquisition of offsite permits for state stormwater was
conducted. The following items were noted:
1. The vegetation of the pond slopes had been maintained and access to the
outlet structure of Pond No. 1 was inspected and found compliant.
2. The inspection revealed that built upon area (BUA) exists on Lot J in the
form of a building and parking area. Per information gathered from the
Pender County Register of Deeds website, a letter was forwarded to the
owner of Lot J of the Rocky Point Commercial Park located at 135 North
Trade Way. The letter requires a stormwater permit application, offsite
supplement form and processing fee to be submitted to this office.
3. Additionally, it was determined from the Pender County Tax records that
Lot D has been sold and is no longer under ownership of the Permittee.
Based on the inspections of the site, no built upon area (BUA) was
observed. It will be the responsibility of the owner to obtain an offsite
stormwater management permit and submit copies of recorded deed
restrictions prior to any construction of BUA. Please forward this
information as you are able.
Please note that the North Carolina Administrative Code requires any project that
proposes more than 10,000 square feet of built upon area, or that must receive either a
Sedimentation & 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 appropriate enforcement action by
this Office. This applies to all lots within the Rocky Point Commercial Park project.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748 Nofth Carohna
Internet: www.ncwaterqualRy.org Niatura!!rf
An Equal Opportunity I Affirmative Action Employer
Eagle Investments
January 7, 2010
Stormwater Application No. SW8 990462
Please reference the State assigned project number on all correspondence. If you have
any questions concerning this matter please feel free to call me at (910) 796-7215 or
email me at angela.hammers@ncdenr.gov.
Sincerely,
Angel Hammers
Environmental Specialist
GDS/akh: S:IWQSISTORMWATERIINSPECT1990462.jan10
Enc: Inspection report 12/29/09
cc: Jim Honeycutt, PE (Honeycutt Engineering)
Wilmington Regional Office Stormwater File
Page 2of3
Permit: SW8990462
County: Pender
Region: Wilmington
Compliance Inspection Report
Effective: 12/02/05 Expiration: 07/11/13 Owner: Eagle Investments
Project: Rocky Point Commercial Park
Contact Person: Charles Wells Title:
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Pike Creek) (03-06-23 ) ( C;Sw)
2 - (Pike Creek) (03-06-23 ) ( C;Sw)
3 - (Pike Creek) (03-06-23 ) ( C;Sw)
4 - (Pike Creek) (03-06-23 ) ( C;Sw)
5 - (Pike Creek) (03-06-23 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
SW8041211
SW8020706
SW8030312
Charles E. Wells, Ronnie Graves, Freddie Brown - Rocky Point Mini
Storage #2
Marpac Corporation - Marpac Corporation
Mayfaire i LLC - Dollar General Rocky Point
Inspection Date: 12/29/2009 Entry Time: 11:30 AM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Kelly ,Johnson
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
Exit Time: 12:00 PM
Phone:
Phone: 919-796-7215
Ext.7317
Phone:
Inspection Type: Stormwater
Page: 1
Permit: SW8990462 Owner - Project: Eagle Investments
Inspection Date: 12129/2009 Inspection Type: Stormwater Reason for Visit: Follow-up
Inspection Summary:
The following was noted during the inspection:
1. Access to the outlet structure was available and pond slopes had vegetative maintenance according to the Operation
and Maintenance agreement.
2. Lot D was noted to have been sold to another entity, however no BUA was observed on the lot. Prior to constructing
BUA, an offsie stormwater permit will need to be obtained.
3. Lot J was noted to have a building and parking area constructed without obtaining an offsite permit as required by the
recorded deed restrictive covenants.
Thank you for your efforts, and if you have further questions, please contact this office at 910-796-7215.
File Review
Yes
No
NA
NE
Is the permit active?
■
D
D
D
Signed copy of the Engineer's certification is in the file?
■
D
D
D
Signed copy of the Operation & Maintenance Agreement is in the file?
■
D
D
D
Copy of the recorded deed restrictions is in the file?
%I
D
D
D
Comment:
Operation and Maintenance
Yes
No
NA
NE
Are the SW measures being maintained and operated as per the permit reequwrernems r
NO
D
Cl
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ
D
D
D
n
.upon request?
Comment:
Page: 2
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 12, 2009
Mr. Charles E. Wells, Managing Partner
Eagle Investments
1640 NC Hwy 53 West
Burgaw, NC 28425
Subject: NOTICE OF INSPECTION
Rocky Point Commercial Park
Permit No. SW8 990462 Mod
Ponder County
Dear Mr. Wells:
On November 5, 2009, Angela Hammers of the Wilmington Regional Office of the Division of
Water Quality (DWQ) inspected the Rocky Point Commercial Park in Ponder County to
determine compliance with Stormwater Management Permit Number SW8 990462 Mod issued
on December 2, 2005. DWQ file review and site inspection revealed that the site is not
compliant 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:
1. Access to the outlet structure of Pond No. 1 was limited by tall vegetation.
2. Eight lots were observed with built upon area (BUA) and only 4 offsite stormwater
permits could be found. See attachment for list of the known stormwater permits on file
with DWQ.
Please inform this Office in writing before December 14, 2009, 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 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 December 14, 2009 then DWQ staff will re -inspect the site and issue
a Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number (910) 796-7215.
Sincerely,
AAvA
Angela Hammers
Environmental Specialist
Enclosure: Compliance Inspection Report
List of known stormwater permits associated with SW8 990462
GDS1akh: S:IWQSISTORMWATERIINSPEC-R990462.nov09
cc: John Hennessy-NPS-ACOU; Angela Hammers; WiRO Files; DWQ Central Files
Wilmington Regional office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-72151 FAX: 910350-20041 Customer Service:1-877-623-6748 NO Carolina
ww. Internet wncwaterquality.org �'tura���
An Equal Opportunity 1 Affirmative Action Employer `
Compliance Inspection Report
Permit: SW8990462 Effective: 12/02/05 Expiration: 07/11/13 Owner: Eagle Investments
Project: Rocky Point Commercial Park
County: Pender
Region: Wilmington
Contact Person: Charles Wells Title:
Directions to Project:
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Pike Creek) (03-06-23 ) ( C;Sw)
2 - (Pike Creek) (03-06-23 ) ( C;Sw)
3 - (Pike Creek) (03-06-23 ) ( C;Sw)
4 - (Pike Creek) (03=06-23 ) ( C;Sw)
5 - (Pike Creek) (03-06-23 ) ( C;Sw)
On -Site Representative(s):
Related Permits:
. SW8041211
SW8020706
SW8030312
Charles E. Wells, Ronnie Graves, Freddie Brown - Rocky Point Mini
Storage #2
Marpac Corporation - Marpac Corporation
Mayfaire I LLC - Dollar General Rocky Point
Inspection Date: 11/05/2009 Entry Time: 01:00 PM
Primary Inspector: Angela K Hammers
Secondary Inspector(s):
Kelly Johnson
Reason for Inspaction: Other
Permit Inspection Type: State Stormwater
Facility Status: Ll Compliant ® Not Compliant
Question Areas:
It'State Stormwater
(See attachment summary)
Exit Time: 01:30 PM
Phone:
Phone: 919-796-7215
Ext.7317
Phone:
Inspection Type: Stormwater
Page: 1
Permit: SW8990462 Owner - Project: Eagle Investments
Inspection Date: 11/05/2009 Inspection Type: Stormwater Reason for Visit: Other
Inspection Summary:
The following deficiencies were noted during the inspection:
1. Access to the outlet structure of Pond No. 1 was limited by tall vegetation.
2. 8 lots were observed with BUA and only 4 offsite permits could be found.
To bring this system into compliance, the following must be completed:
1. Maintain access to the outlet structure to include mowing vegetation to a maximum height of 6 inches.
2. Submit a list of stormwater permit numbers for all offsite properties to this Office; and
3. For all properties within the commercial park, submit offsite permits if not previously obtained.
Please contact Angel Hammers at 910-796-7317 with any questions.
Page: 2
Permit: SW8990462 Owner - Project: Eagle Investments
Inspection Date: 11/05/2009 Inspection Type: stormwater Reason for VlsIt: Other
File Review Yes No NA NE
Is the permit active? E ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ■ ❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ■ ❑ ❑ ❑
Comment:
Built Upon Area
Yes
No
NA
NE
Is the site BUA constructed as per the permit and approval plans?
E
❑
❑
❑
Is the drainage area as per the permit and approved plans?
00011
Is the BUA (as permitted) graded such that the runoff drains to the system?
IN
❑
❑
❑
Comment: Drainage Areas to Pond No. 1 and 4 has BUA. Drainage Areas to Pond
No. 2,3 & 5 do not contain BUA.
SW Measures
Yes
No
NA
NE
Are the SW measures constructed as per the approved plans?
■
❑
❑
❑
Are the inlets located per the approved plans?
■
❑
❑
❑
Are the outlet structures located per the approved plans?
❑
❑
❑
■
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ iW ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ IA
upon request?
Comment: Access to the outlet structure of Pond No. 1 was limited due to tall
vegetation.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ®❑ ❑
Comment: Only four offsite permits could be found in association with this commercial
park - 8 lots were observed with BUA.
Page: 3
Michael. F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
April 24, 2002
CERTIFIED MAIL #7002 0460 0000 4340 3665
RETURN RECEIPT REQUESTED
Mr. Charles Wells
Eagle Investments
PO Box 453
Rocky Point, NC 28457
Subject: NOTICE OF VIOLATION
Rocky Point Commercial Park
Stormwater Permit No. SW8 990462
Pender County
Dear Mr. Wells:
On April 23, 2002, Wilmington Regional Office personnel performed.a Compliance Inspection ofthe project
known as Rocky Point Commercial Park, located off Highway 117, approximately 1/2 mile north of the US 117/
NC 210 intersection in Rocky Point, Pender.County, North Carolina The inspection was performed to determine
the status of compliance with the State Stormwater Management Rules. A: permit application, Number SW8 990462,
was received on April 23,1999, and additional information was requested on June 16,1999. To date, no permit has
been issued.
The project has been found in violation of the State Stormwater Management Rules,15A NCAC 2H.1000.
The violations found are:
1. Construction of built -upon surfaces and a resulting discharge of stormwater to waters of the State
without a permit. The entrance road and one cul-de-sac have been graveled.
To correct these violations you must :
1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation
and a time frame for completion of those actions; on or before May 24, 2002.
2. Per my February 9, 2001., fax, please decide how this proj ect is to be developed, and complete the
application process. My last conversation withyou and.your engineer, Jim Honeycutt, P.E., was that
a single detention pond wwould be designed to serve all of the proposed subdivision.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service
800-623-7748
-1
Mr. Wells
Apr•i, 24, 2002
Sti. aiwatt.,-r° Permit No. SW8 990462
Failure to provide the "Plan of Action" by May 24, 2002, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215.6A.
By copy of this letter to the Pender County Building Inspections office, the Division is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
Please be advised'that you may not sell any'of the project area prior to obtaining a stormwater mangement
permit from the Division of Water Quality.
If you have any questions concerning this matter, please call Ms. Linda Lewis at (910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\arl S:\WQS\STORMWAT\NOTICE\990462.APR
cc: .Jim Honeycutt, PE.
Pender County Building Inspections
Linda Lewis
Central Office
N.C. Division of Water Quality 127. Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service
800-623-7748