NCG210439_Settlement Agreement Update by DWR_20201207

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2236 5012
Mr. Will Copeland
Apex Nurseries, Inc.
2925 NC Hwy 751
Apex, NC27523
NORTH CAROLINA
Environmental Quality
December 7, 2020
Subject: Noncompliance with Settlement Agreement &
NPDES Stormwater Permit Nos. NCG210436, NCG210437, NCG210439
Apex Nurseries, Inc.
Chatham County
Dear Mr. Copeland:
On August 27, 2020, Thad Valentine and Lauren Garcia, inspectors with the Raleigh
Regional Office of the Division of Energy, Mineral, and Land Resources (DEMLR), and Scott
Vinson, Supervisor with the Raleigh Regional Office of the Division of Water Resources
(DWR), conducted a compliance inspection for the Apex Nurseries facilities located at 2925
NC Highway 751, Apex in Chatham County, North Carolina. The purpose of the compliance
inspection was to determine compliance with the NPDES Stormwater Permits and the
Settlement Agreement between Apex Nurseries, Inc. and the North Carolina Department of
Environmental Quality dated March 2019. A copy of the Settlement Agreement is included
as an attachment to this letter.
Paragraph 3 of the Settlement Agreement, states: "3. Compliance with Stormwater
Permits. Within 120 calendar days of the execution of this Agreement, Petitioner shall
provide a report detailing compliance with the following requirements in its General
Stormwater Permit for Timber Products (NCG210000):". As of July 2, 2019 or 120 calendar
days from the execution of the Settlement Agreement, the Petitioner had failed to submit
this report to either the DEMLR or the DWR. If not already done so, please submit this
report as soon as possible to DEMLR and DWR, but no later than 30 days from receipt
of this letter.
D_E
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Oaparhnenl o<Envlmmmenla49uality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

Settlement Agreement
Apex Nurseries, Inc.
December 7, 2020
Page 2 of 3
Paragraph 4 of the Settlement Agreement, states: "4. Stormwater Pollution
Prevention Plan. Within ninety (90) calendar days of execution of this Agreement,
Petitioner shall submit and commence implementation of a Stormwater Pollution
Prevention Plan ("SWPPP"). In addition to the general requirements of a SWPPP under
NCG21, the SWPPP submitted by Petitioner shall: (1) contain maps detailing the locations,
orientation, depths, dimensions, and size of mulch piles, swales, and mulch pad
management areas;" As of June 2, 2019 or 90 calendar days from the execution of the
Settlement Agreement, the Petitioner had failed to include within the SWPPP the
location, orientation, depths, dimensions, and size of mulch piles, swales, and mulch pad
management areas. Please include this as well as any other documentation that
DEMLR deems missing or necessary as set forth in the Notice of Deficiency letter
issued by DEMLR on October 16, 2020.
Paragraph 5 of the Settlement Agreement, states: "5. SWPPP Monitoring. In
addition to the monitoring requirements under the NCG21, within ninety (90) calendar
days of execution of this Agreement, Petitioner shall commence visual monitoring of each
mulch pile, areas surrounding each mulch pile, loading areas, traffic areas, ditches, and
swales to ensure that thick vegetative cover is maintained and that rills, gullies, and erosion
are not forming/occurring. Petitioner shall conduct such monitoring on a monthly basis
and within 24-hours after any rain event of 1 inch or greater, until October 31, 2019. From
November 1, 2019 until March 31, 2020, Petitioner shall conduct such monitoring on a
weekly basis. Beginning April 1, 2020, Petitioner will begin semi-annual monitoring
consistent with NCG21. Observations during required monitoring events shall be recorded
in a monitoring log, consistent with the general requirements of the General Stormwater
Permit 21 and be available for inspection by DEQ upon request. Observations recorded in
the monitoring log shall be sufficiently detailed so as to verify that measures required
under paragraph 4 are being successfully implemented and accurately documented." As of
June 2, 2019 or 90 calendar days from the execution of the Settlement Agreement, the
Petitioner has failed to meet the visual monitoring and documentation requirements as
listed above. Records for the visual monitoring requirements do not reflect the required
weekly monitoring from November 1, 2019 until March 31, 2020. DWR requires that
Apex Nurseries, Inc. conduct and properly document weekly visual monitoring
inspections, as previously required above, from receipt of this letter through the
termination of the Settlement Agreement on March 31, 2021.

Settlement Agreement
Apex Nurseries, Inc.
December 7, 2020
Page 3 of 3
Paragraph 8 of the Settlement Agreement, states: "8. Noncompliance with this
Agreement. In the event that Petitioner fails to comply with any of the conditions of this
Agreement, Petitioner shall immediately owe DWR the entire amount of the civil penalty
assessment,". Based upon the above identified violations of the Settlement Agreement, the
DWR currently has the right to demand payment of the remaining balance of the civil
penalty assessment, namely $34,500.00. However, DWR is willing to forego collection of
the remaining balance of the civil penalty assessment provided you complete the
requirements detailed in this letter, including all requirements set forth in your
NPDES NCG21 Stormwater permits. Failure to complete these requirements may result
in a demand for full payment and/or a legal action to recover the unpaid funds.
If you have any questions concerning this matter, please call at 919-791-4252, or
write at [e-mail]
Sincerely,
rs
DocuSigned by:
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BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQROS Raleigh Regional Office - Enforcement File
DEMLR Raleigh Regional Office
NPDES Compliance/Enforcement Unit - Enforcement File
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