HomeMy WebLinkAboutSW3160904_Email RE Complaint Followup_20240116 Eplin, Jerry W
From: Eplin, Jerry W
Sent: Tuesday, January 16, 2024 10:57 AM
To: jjp@cambridgeprop.com; bbb@cambridgeprop.com; elm@cambridgeprop.com
Cc: Leonard, Shannon; Callaway, Ian C
Subject: Status update on Cabridge Village Denver SW3160904
Attachments: Multiple Inspection Reports.pdf,JD_Haz_RequestForm.pdf
Cambridge Properties Personnel:
Our office has received multiple complaints related to water running into the road nearby the stormwater pond at
the referenced site. Upon reviewing our files and database, I found inspection reports from 2021 and 2022
indicating non-compliance issues related to the post construction stormwater permit. AJuly 2022 letterfrom our
office to Cambridge Denver LLC,Attention George Maloomian indicated that repairs to the level spreader were
needed, requested an investigation into the seepage hole below the retaining wall west corner, and requested that
a plan for repair and maintenance of the basin as well as the BMP inspection and maintenance records be sent to
the Mooresville Regional Office by August 30, 2022.
Upon reviewing our file,these additional requested records could not be located. Email records after August 20,
2022,appear to indicate that some repairs were being made at the site. The current status of these issues is
currently unclear to our office.
Someone from our office will be in touch with you within the next month to conduct a Stormwater Inspection at
this site. The purpose of this email is to request that someone from your group meet us on site and bring copies of
all the BMP operation and maintenance records, as well as copies of any records or Engineering Reports related to
the drainage issue.
Additionally, upon viewing aerial photographs of the site, it appears the stormwater pond has a dam that is
immediately upgradient of a busy road. Please see the attached Jurisdictional Determination/Hazard
Classification Request form. Please complete the referenced form and submit as described on the form so that
the jurisdictional status of the referenced dam may be determined. With a proximity so close to a major road, it is
likely that this dam could be classified as a high-hazard dam. If this form has been previously submitted, please
provide a copy.
Please let me know if you have any questions.
Regards,
Jerry W. Eplin, PE
Assistant Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Office: (704)235-2147
Email:jerry.eplin@deq.nc.gov
Physical and Mailing Address:
610 E. Center Ave. Suite 301
Mooresville, NC 28115
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
2
Compliance Inspection Report
Permit: SW3160904 Effective: 11/01/16 Expiration:
Project: Cambridge Village
Owner: Cambridge Denver LLC
County: Lincoln Adress: NC Hwy 16 And NC Hwy 73
Region: Mooresville
City/State/Zip: Denver NC 28037
Contact Person:George Maloomian Title: Phone:704-333-2393
Directions to Project:
500 If north of intersection of hwy 16&hwy 73 and fronting nc hwy 16 for 99 If.
Type of Project: State Stormwater-General Permit
Drain Areas: 1 - (Forney Creek) (03-08-33 ) (C)
On-Site Representative(s):
Related Permits:
Inspection Date: 04/13/2021 Entry Time 10:30AM Exit Time: 10:45AM
Primary Inspector: Matthew J Gigante Phone:704-663-1699
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1
Permit: SW3160904 Owner-Project: Cambridge Denver LLC
Inspection Date: 04/13/2021 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Based upon the inspection conducted, maintenance is needed at wet pond one. Wet pond one is showing signs
of erosion from water flowing from the far end of the level spreader. A scour an inch or two deep is located at
the end of the level spreader. Additonally, at the west corner of wet pond one, a small hole has formed at the
base of the retaining wall. These two issues are sending sediment to the southern entrance/exit of the Cameron
Village Shopping Center on NC-16.
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ N ❑
provided to DWQ upon request?
Comment: The west basin with level spreader structure is showing signs of erosion from water flowing from
the far end of the level spreader. A scour an inch or two deep is located at the end of level
spreader. Additonally, at the west corner a small hole has formed at the base of the outer
retaining wall. These two spots are sending sediment to the southern entrance/exit to the
Cameron Village Shopping Center on NC-16.
page 2
Compliance Inspection Report
Permit: SW3160904 Effective: 11/01/16 Expiration:
Project: Cambridge Village
Owner: Cambridge Denver LLC
County: Lincoln Adress: NC Hwy 16 And NC Hwy 73
Region: Mooresville
City/State/Zip: Denver NC 28037
Contact Person:George Maloomian Title: Phone:704-333-2393
Directions to Project:
500 If north of intersection of hwy 16&hwy 73 and fronting nc hwy 16 for 99 If.
Type of Project: State Stormwater-General Permit
Drain Areas: 1 -(Forney Creek) (03-08-33)(C)
On-Site Representative(s):
Related Permits:
Inspection Date: 08/18/2021 Entry Time 12:30PM Exit Time:01:OOPM
Primary Inspector: James D Moore Phone:704-663-1699
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ❑ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1
Permit: SW3160904 Owner-Project: Cambridge Denver LLC
Inspection Date: 08/18/2021 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
The inspection was part of a complaint that water from the basin discharges directly on the adjacent road.Based
on the inspection water has been weeping under the basin retaining wall and onto the road when the basin is
full of water after a rain event.) contacted Bohler Engineering (engineer of record) regarding the issue and they
agreed to investigate. They are also the engineer of record on the adjacent apartment project SW3191101
which is still under construction.
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ ❑
Comment:
page 2
Compliance Inspection Report
Permit: SW3160904 Effective: 11/01/16 Expiration:
Project: Cambridge Village
Owner: Cambridge Denver LLC
County: Lincoln Adress: NC Hwy 16 And NC Hwy 73
Region: Mooresville
City/State/Zip: Denver NC 28037
Contact Person:George Maloomian Title: Phone:704-333-2393
Directions to Project:
500 If north of intersection of hwy 16& hwy 73 and fronting nc hwy 16 for 99 If.
Type of Project: State Stormwater-General Permit
Drain Areas: 1 -(Forney Creek) (03-08-33 )(C)
On-Site Representative(s):
Related Permits:
Inspection Date: 06/22/2022 Entry Time 10:15AM Exit Time: 10:30AM
Primary Inspector: Matthew J Gigante Phone:704-663-1699
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1
Permit: SW3160904 Owner-Project: Cambridge Denver LLC
Inspection Date: 06/22/2022 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
During the inspection of the basin, multiple items requiring repair were noted. A small hole measuring
approximately 3 inches in diameter is located at the west corner at the base of the retaining wall. While there
was no flow at the time of the inspection, complainants have alleged that seepage is occurring at this hole
during rain events. This seepage must be investigated and the hole repaired. The rock along the level spreader
is sparse.Additionally, erosion is occuring at the west end of the level spreader.Additional rock is needed along
the level spreader and the erosion must be repaired and stabilized. The skimmer is still installed on the riser
structure. This should be removed.
Additionally, no records of BMP inspection and maintenance were located. Please provide these to the
Mooresville Regional Office for the dates August 23, 2021 to June 30, 2022.
Please send BMP records as well as a plan for repair and maintenance of the noted compliance issues by
August 30, 2022 or enforcement actions may be taken.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ ❑
provided to DWQ upon request?
Comment: Corrective actions noted include additional rock needed along the level spreader, repair and
stabilization of erosion at west end of level spreader, and investigation and repair of apparent
seepage hole below west corner of retaining wall.
No records of BMP inspection and maintenance records were available. Please provide these for
the dates August 23, 2021 to June 3, 2022.
page 2
Compliance Inspection Report
Permit: SW3160904 Effective: 11/01/16 Expiration:
Project: Cambridge Village
Owner: Cambridge Denver LLC
County: Lincoln Adress: NC Hwy 16 And NC Hwy 73
Region: Mooresville
City/State/Zip: Denver NC 28037
Contact Person:George Maloomian Title: Phone:704-333-2393
Directions to Project:
500 If north of intersection of hwy 16&hwy 73 and fronting nc hwy 16 for 99 If.
Type of Project: State Stormwater-General Permit
Drain Areas: 1 -(Forney Creek) (03-08-33 ) (C)
On-Site Representative(s):
Related Permits:
Inspection Date: 09/14/2022 Entry Time 10:15AM Exit Time: 10:55AM
Primary Inspector: Matthew J Gigante Phone:704-663-1699
Secondary Inspector(s):
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
page 1
Permit: SW3160904 Owner-Project: Cambridge Denver LLC
Inspection Date: 09/14/2022 Inspection Type Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
A seepage hole approximately 3 -4 inches deep was present at the west corner of the retaining wall. Wetness
on Baxley lane was identified during the inspection as being caused by the seepage hole due to dry toe drains
and the distance from inactive sprinkler systems. The wetness on Baxley Lane was accompanied by algae and
a small amount of sediment indicating extended periods of wetness in the street.
Erosion was present at the end of the level spreader and consisted of a single scour measuring 2-3 feet in
length and about 6 inches deep. A portion of the gravel pad for the level spreader has washed away.
The skimmer should be removed from the basin's riser as it is no longer needed.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or ❑ ❑ ❑
provided to DWQ upon request?
Comment: A seepage hole approximately 3 -4 inches deep was present at the west corner of the retaining
wall. Wetness on Baxley lane was identified during the inspection as being caused by the
seepage hole due to dry toe drains and the distance from inactive sprinkler systems. The
wetness on Baxley Lane was accompanied by algae and a small amount of sediment indicating
extended periods of wetness in the street.
Erosion was present at the end of the level spreader and consisted of a single scour measuring
2-3 feet in length and about 6 inches deep. A portion of the gravel pad for the level spreader
has washed away.
The skimmer should be removed from the basin's riser as it is no longer needed.
page 2
Energy,Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Jurisdictional Determination/Hazard Classification Request
To evaluate if a dam is governed by the Dam Safety Law of 1967 (as amended)
If it is your desire to have the Land Quality Section's Dam Safety Program staff determine if your dam is
governed by the Dam Safety Law of 1967 (as amended) (General Statute §143-215.23-37),
Please complete this form in its entirety and, if applicable, send an electronic copy of all documents to
the Central Office and the appropriate DEMLR Regional Office:
DEMLR Regional Offices:
Asheville Regional Office
Fayetteville Regional Office
Mooresville Regional Office
Raleigh Regional Office
Washington Regional Office
Wilmington Regional Office
Winston-Salem Regional Office
1. Describe any potential hazards for loss of life and environmental or structural property damage to
existing and/or potential future downstream developments (i.e. buildings, houses, roads, bridges,
major utility lines, etc.):
2. Please attach a vicinity map of the dam (Preferably aerial and/or topographic contour map, which
shows the premise as well as the concerned downstream areas) and provide a brief description of the
location/nearest physical street address:
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
1612 Mail Service Center 1512 N.Salisbury St. I Raleigh,NC 27699
919 707 9220 T
Page 2 of 3
3. General Summary of the Dam:
a. Name of Owner:
b. Address:
C. City: State: Zip:
d. Phone No.: Email:
Dam Name(STATE-ID,if assigned):
Latitude(must be in decimal degrees i.e.,yy.yyyy):
Longitude(must be in decimal degrees i.e., -xx.xxxx):
Nearest State Road Number/Name: (SR#)
County:
River/Stream:
Drainage Area(acres):
Dam Height(from the highest point on the top of dam to the
lowest point on the downstream toe of dam in feet):
Dam Crest Elevation(ft.)(NAVD88):
Dam Toe Elevation(ft.) (NAVD88):
Depth of Water at Normal Pool(ft.):
Depth of Water at Top of Dam(ft.):
Impoundment Surface Area at Normal Pool(acres):
Impoundment Surface Area at Top of Dam(acres):
Storage Capacity at Normal Pool(acre-feet):
Maximum Storage Capacity at Top of Dam(acre-feet):
e. Please provide any additional engineering documents to validate your assessment(historical
records, design drawing plans, rating curves, etc.)
4. General Summary of the Downstream Area(s) [check all boxes that apply]:
a. Primary Downstream Land Use:
❑ WOODLAND ❑ AGRICULTURAL❑ RESIDENTIAL ❑ INDUSTRIAL/COMMERCIAL
b. Existing and/or Future Downstream Developments/Improvements:
❑ DWELLINGS ❑ BUILDINGS ❑ ROADS ❑ UTILITIES ❑ "OTHER"(Briefly Describe)
Dsgovern.frm (revised 07/01/22)
Page 3 of 3
Existing and/or Future Downstream Development/Improvement(s) Data:
Elevation
Downstream Distance Breach Flood
Floodplain Relative Channel Culvert/Bridge Traffic Sight
Hazard/Improvement Downstream Wave
Width to Slope Dimensions Count Distance
Type from Dam Elevation
Floodplain
In accordance with 15A NCAC 02K.0105,I am providing the following proposed hazard classification:
RECOMMENDED HAZARD CLASSIFICATION: ❑ LOW ❑ INTERMEDIATE ❑ HIGH
I agree that this form will be used to initiate the Jurisdictional Determination process and/or determine its Hazard
Classification based on the current submittal and additionally requested documents, as needed.
NAME OF OWNER/REPRESENTATIVE or PROFESSIONAL ENGINEER:
SIGNATURE: P.E. SEAL:
DATE: