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HomeMy WebLinkAboutSW8020927_COMPLIANCE_20170926STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE- YYYYMMDD NIC DFQjP_MLR Sto'mwater Section 127 Car6inal Drive Extension b'dilmington, NC 28405 �Go`Dy1�� U.S ,POSTAGE>>PITNEYBOWES �•'��� ZIP 28405 $_000.460 02 1n 0001399346SEP 27 2017 All Star,-;nema5, Inc. areviou: iy All Star Entertairir-rent, Inc. Y,ttn: Brian McCall, President 5200 Br -id---- '....a Sha llotie, N I XI t 2 7 6 D E I RETURN TO SENDER N0 MATT. R=CEPTACLE 001.0/.a4/ NMR SC: 284054406Z7 *0248--02033-ZS-47 '�4is,lii�lil��lii�j�Elifi'I�f1��l,iiiiili'�il��il����il�[Iliil PO Energy. Mineral & Land Resources ENWRONMENTAL QUALITY September 26, 2017 ROY COOPER Governor MICHAEL S. REGAN Sccrnrart• TRACY DAVIS Direclor CUIZ12l N7' Pl,ll All"FTEE CURRENT PROPER"fY 0WNF.R All Star Cinemas. Inc. Firstrun, LL,C Previously All Star Lntertainmcnt. Inc. A"f"f\: Steven A. Schultz, Authorized Signatory ATT\': Brian McCall, President 350 N. LaSalle Street, Suite 110 5200 Bridgers ]load Chicago; 11, 60654 Shallotte, NC 28459 Subject: Notice of Permit Extension I Notice of Inspection — Not Compliant Coastal Cinemas State Stormwater \Ianagentent Permit No. SNV8 020927 Bruns>rick County Dear Messrs, McCall and Schultz: Fffeet.ive August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (I)\\IQ) to the Division of Energy, Mineral and Land Resources (Dl `91,K). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this letter references DFAMLR as the Division responsible for issuance o(the permit. On August 5, 2009, the Governor signed Session Lakv 2009-406. "this law impacted any developincnt approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater hermit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the Division extended the effective period of the permit February 20, 2017. However, the permit has since expired and must be renewed in order to maintain compliance with :North Carolina General Statutes and the stormwater rules. On July 12, 2017, the Wilmington Regional Office of the Division of Energy, N incral and Land Resources (DI MI.R) inspected Coastal Cinemas, located at 5200 Bridgers Road; Shallotte in I3runswick County; to determine the status of compliance with the State Stonnwater Management Permit Number S\\78 020927 issued on February 20. 2003. DFNI1,R file review and site inspection revealed that the site is not in compliance 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 Sn1nlnaf12C5 the findings of the July 12, 2017 inspection and the Findings of the September 26, 2017 file review. As indicated in the attached inspection report., the following deficiencies must be resolved: 1. The pond vegetation is overgrown with trees and brush. `fhe trees and woody vegetation on the banks must be removed, the slopes must be repaired and revegetated with permanent vegetation. 2. The outlet structure is clogged with debris causing overflow and erosion into the adjacent wetlands. "Phis overflow takes place at the eastern corner of the pond by Bridgers Road; not at the emergency overflow structure location. This area must be repaired. 3. "fhe outlet structure is not located per the approved plans. The outlet structure must be relocated as shown on the approved plans, to meet the maximum flow path requirements. 4. "I'he permit expired on February 20, 2017 and must be renewed. 5. "fhe required Designer's Certification has not been subrnitled to the Division. State of North Carolina f Environmenial Qaalil y i Energy, "incral and Land Resources Wilmington Regional office 1 127 Cardinal Drive Extension I Wimingtoll, NC 28405 910 796 7215 State Stormwater Permit \o. SW8 020927 Page_2 of Please be rerninded that it is the current. pertnittee:s responsibility to submit a completed and signed Permit Transfer Application Dorm to the Division of l rnergy Mineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. This form is available on our website at.: hltj)ti:II(�eC�.11C.J.;O�/about/divisions/cuer�v-mit>.eral-]arid-llesourccs/ctterg�_mineral-land-rule;lslorm«aler- progra111/pOSt-construct1011.�—,— a. All ownership change including the sale or conveyance of the periiiiiied project area In whole or in pan. "]'his does not include the conveyance of subdivided residential lots to individuals which are made subject to a recorded declaration of covenants and restrictions which contain the statements required by the stornim,ater permit: b. The sale or conveyance of the common areas to a Homeowners or Properly Owner`s Association. subject to the requirements of Session Law 201 1-256: c. foreclosure proceedings; d. Filing for Bankruptcy; c. Dissolution of the partnership or corporate entity. Per ACGS SM-6-07, a dissolved LLC shall wind up, which may include continuing the business of the LLC for a period of time. The person charged with winding up the LLC shall collect the U.C's assets [which include the storrrlwater management permit], and distribute the assets as provided in \CGS 5717-6-08(2). Please also be advised that Firstrun, LLC, is operating a treatment system and discharging to surface waters without the required permit. As the current property owner, and under the ternis of'Session Law 2013-121, Firstrun, LLC can request to have the existing permit transferred to them without the signature of the current permit holder. After the permit is transferred to Firstrun. LLC, they will need to renew it. Alternatively, Firstrun, LLC must apply to the Division for their own permit to treat and discharge the Stormwater from this project. Upon the issuance of the new permit, the existing permit will be rescinded. Please be advised that uniil All Star Cinemas, Inc. submits the required Permit Transfer .Application Form to the Division and receives approval from the Division to transfer the permit; they are required to comply with the terms, conditions and limitations of the Stormwater N•lanagemeni Permit under Title 15A \orth Carolina Administrative Code 21-1 .1003 and 'North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted storinwaier system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by November 26, 2017. are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DENIER staff will re -inspect the site and may issue a Notice of Violation to both the current pennittee and to the current property owner. Please also note that any individual or entity found to be in noncompliance with the provisions of a storniwater management permit or the stormwater rules is subject to enforcement action as set forth in tiCGS 143 Article 21, including the assessment of civil penalties of up to S25,000 per day. If you have any questions, please contact me at the Wilmington Regional Off ice, telephone number (910)- 796-7215 or via email at linda.lewis tincdenr.r�ov. Sincerely, Linda Lewis, E.1. Envirotimental Engineer I I Fnc: Compliance Inspection Report �7G17Slarl: \\\StormwaterVIermits &, Projects120021020927 1-1E)12017 09 CF.Adeficient 020927 cc: Jay Houston, P.E. Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of Norl h Carolina I Environmental Quality 1 Enrrgy, t 4iner�i and land Retiaurn s WiliningtonRegional0ffice 1127L;ardina1DrivcExtcn%1on 11hiln:ingtori.NC 28405 910 746 7215 111 Compliance Inspection Report Permit: SVV8020927 Effective:02120103 Expiration: 02/20/17 Project: Coastal Cinemas Owner: All Star Entertainment LLC #3 County: Brunswick Region: Wilmington Adress: 5200 Bridgers Rd City/StatelZip: Shallotte NC 28459 Contact Person: Brian McCall Title: Managing Partner Phone: 304-255-6585 Directions to Project: From US 17 S, exit NC Hwy 130, take right @ intersection. Then lake left on Bridgers Road Project is approx. 114 mile on left, across from the Lowes. Type of Project: Slate Storrnwaler - HID - Detention Pond Drain Areas: 1 - (Mulberry Branch) (03-07-59 ) ( C;Sw) 2 - (Mulberry Branch) (03-07-59 ) ( C;Sw) On -Site Representative{s): Related Permits: Inspection Dale: 07/12/2017 EntryTime: 11-45AM Primary Inspector: Creighton A Brown Secondary Inspector(s): Alida R Lewis Reason for Inspection: Routine Permit Inspection Type: State Slormwater Facility Status: ❑ Compliant 0 Not Compliant Question Areas: State Storrnwater (See attachment summary) Exit Time: 12:OOPM Phone: 910-796-7215 Inspection Typo: Compliance Evaluation page: 1 Permit: S'A'8020527 Owner - Project: All Star Entertainment LLC #3 Inspection Date: 07/12/2017 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: In order to bring this project into compliance, the following actions need to be taken. 1 . The trees on the pond slopes need to be removed - 2. The erosion on the pond slopes needs to be repaired. 3. The vegetation on the pond slopes must be restored. a. The outlet structures need to be cleaned out, and repaired as necessary. 5. The Designers Certification must be provided 6. The permit must be transferred to the new property owners page2 permit: SIN8020927 Owner - Project: All Star Entertainment LLC #3 Inspection Date: 07/12/2017 Inspection Type Compliance Evaivalion Reason for Visit: Routine 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 provided to ❑ ❑ ❑ L7WQ upon request? Comment: 1. The vegetation on the pond slopes is overgrown with trees. 2. The trash rack on the outlet structure in Pond #it1 is clogged with debris. 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: 3 The outlet structure for pond #1 is not constructed in the correct location according to approved plan. 4. Pond #1 is overflowing at eastern corner by Bridoers Rd. not at the emereencv overflow. causin erosion and sedimentation into adjacent wetlands. Built Upon Area Yes No NA NE Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑ Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ Is the BIJA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑ Comment 5. Per Google. BUA appears OK. File Review Yes No NA NE Is the permit active? ❑ ■ ❑ ❑ Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑ Signed copy of the Operation & Maintenance Agreement is in the file? 0 ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ❑ Comment: 6. The Permit expired on 02/20/2017 and has not been renewed Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ■ ❑ ❑ Comment: 7. OwnershIg cf the property changed hands in 2013 and again in 2016 but the permlttee did not notify the Division and did not file a request to transfer the permit. Other WQ Issues Yes No NA NE Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ ■ Comment: page 3 Energy. Mineral & Land Resources ENVIRONMENTAL QUALITY September 26, 2017 CURRENT I'I IZA FIATF ROY COOPER Governor MICHAEL S. REGAN Secretor y CURRENT I'W-W1"At I Y OWNER TRACY DAVIS Director All Star Cinemas, Inc, FirStTun. LLC Previously All Star Enteriainntew, Iltc. ATTN: Steven A. Schulte, Authorized Signatory ATTNIT Brian NICC211, ['resident 350 N. LaSalle Street, Suite 1 10 5200 Bridgers (load Chicago, IL 60654 Shallot.te, NC 28459 Sul►jcc.t: 1\`uticc ttf Permit ]+lxtcnsiun Ii\ntic�e trf Lnspcctittn—iV'tri Ctlnipliant Coastal Cinemas State- Storn1water Management Permit Nit. SW8 020927 Brunswick County Dear Messrs. McCall and SchijItz: Effective August 1, 2013, the State Storinwater program was transferred from the Division of \\rater Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DENILR). All previous references to D\VQ will remain in older stormlvater permits issued prior to August 1, 2013 until they are modified. P]ease note that this letter references f)EN11,R as the Division responsible for issuance of the permit. On August 5, 2009, 'the Governor signed Session claw 2009-406L '['his law impacted any development approval issued by the former Division of \\rater Quall6' tinder Article 21 of Chapter 143 of the General Stat]tes, which was current and valid at any point between January 1, 2008: and December 31, 2010. The law extaMCd the effective period of any storin),vater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-17 7, which granted an extra year for a total of four (4) years extension. Accordingly, the Division extended the effective period of the permit February 20, 2017. However, the permit has since expired and must be renewed in order to maintain compliance with North Carolina General Statutes and the storinwater rules. On July 12, 2017, the Wilmington Regional Office of the Division of Energy, tNlineral and Land Resources (Df-M LR) inspected Coastal Cinemas; located at 5200 Bridgers Road, Sltallotte in Brunswick County, to determine the status of compliance with the State St.ormwater Management Permit Number S\Vti 620927 issued on February 20, 2001 DE1ti4LR file review and site inspection revealed that the site is not in compliance with tine teens 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 Jul\, 12, 2017 inspection and the findings of the September 26, 2017 file review. As indicated in the attached inspection report, the following deficiencies must be resolved: Tile pond vegetation is overgrown with trees and brush. The trees and woody vegetation on the banks must be removed, the slopes must be repaired and revegetated with permanent vegetation. The outlet structure is clogged with debris causing overflow and erosion into the adjacent wetlands. This overflow takes place at the eastern corner of the pond by Bridgers Road, not at the emergency overflow structure location. This area must be repaired. The outlet structure is not located per the approved plans. The outlet. structure must be relocated as shown on the approved plans, to meet the maximurn flow path requirements. The permit expired on February 20, 2017 and must be reneWCCId The required Designer's Certification has not been submitted to the Division. State of w'or111 Carolina I Cnvironmental Quality 1 Energy. Mineral and Land Rct,ow ces Wilmington Regional Officc 1 127 Cardinal Drier Exrenston I Wihning[otr. NC 25405 010 7'4, 'i 215 State Stormwater Permit No. SWS 020927 Page 2 of 2 Please be reminded that it is the cun-ent perntittee's responsibilit}, to submit a completed and signed Permit Transfer Application Fonn to the Division of Energy, i\-lineral and Land Resources 30-60 calendar days prior to making any of the below listed changes. This form is available on our -website at: htt s_//deq.ric.aov/aboifUdivisions/enemy-inIiteraI-land-resources/energy-ruineraIjaild-rules/stol-mwater- hrorarn/post-construction. An -ownership change including the sale or conveyance of the permitted project area rn whole or in part. '['his does not include the conveyance of subdivided residential lots to individuals which are. made subject to a recorded declaration of covenants and restrictions which contain the statements required by the siormWMer permit; The sale or conveyance of the common areas to a Horneowner's or Property Owner's Association, subject to the requirements of Session La", 2011-256; Foreclosure proceedings; Filing for [1ankrtlptcy; Dissolution of the partnership or corporate entity. l'er NICGS 57D-6-07, a dissolved LLC shall wind up, which may include continuing the business of the LLC for a period of time. The person charged with winding up the LLC shall collect the LLC's assets [which include the stormwater management permit], and distribute the assets as provided in NCGS 57D-6-08(2). Please also be advised that Firstrun; LLC; is operating a treatment system and discharging to surface waters without the required permit. As the current property owner, and under the terms of Session Law 2013-121, Firstrun, .LLC can request to have the existing permit: transferred to them without the signature Of the current permit. holder. After the permit is transferred to I'11-strur7, LLC; they will need to renew it. Alternatively, Firstrun, LLC must apply to the Division for their own permit to treat and discharge the storinxvatc,r from this project. Upon the issuance of the neiv permit, the existing permit will be rescinded. Please be advised that until All Star Cinemas, Inc. submits the required Permit Transfer Application Form to the Division and receives approval front the Division to transfer the permit, they are required to comply willi the terms; conditions and limitations of the Storrnwatef-M9 jnagernent Permit under Title 15A North Carolina Administrative Code 21-1 .1003 and North Carolina General Statute 143-214.7, including the operation and maintenance of the permitted stormwater system. Failure to provide the requested information, or to respond to this letter with a plan of action, including a timeline to resolve the identified deficiencies, by November 20. 2017. are considered violations of the permit. If the requested information is not submitted to this office by the due date, then DENILR staff w III re -inspect the site and may issue a Notice of Violation to both the current pennittee and to the current property owner. Please also note that any individual or entity found to be in noncompliance with the provisions of a storinwater management permit or the storinwater rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to S25,000 per day. If you have any questions, please contact rue at the Wilmington Regional Office, telephone number (910)- 796-721 a or via email at linda.lewis a,ncdenr.l;ov. Sincerely. Linda Lewis. El. Divironrnental Engineer III E nc: Compliance Inspection Report 5'?(5warl: I11StorinwaterTerrnits & Projects120021020927 HD12017 09 CEI_deficient 020927 cc: Jay Houston, P.E. Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater Permit File State of North Carolina I Envirowne tal Quality j Energy. Mkiet-al and Land Resources Wf6nington Rrylonal Office f 127 Cardinal Drive Extension I Wilmington, NC 28405 910 746 7215 Compliance Inspection Report y. Permit: SIN8020927 Effective:02120103 Expiration: 02120I117 Project: Coastal Cinemas Owner: All Star Entertainment LLC #3 Courtly; Brunswick Adress: 5200 Bridgers Rd Region: VVilrringlon City)SlatelZip: Shallotle NC 28459 Contact Person: Brian McCall Title: Managing Partner Phone: 304-255-6585 Directions to Project: From US 17 S, exit NC Hwy 130, take ngnt Cn intersection f ren take lefl on Bridgers Road. Project is appmx. 114 mile on lei[, across from the Lowes. Type of Project: State Stormwaler - HD - Detention Pond Drain Areas: 1 - (Mulberry 3ranch) (03-07-59) { C,Sw) 2 - (Mulberry Branch) (03-07-59 } ( C;Sw) On -Site Representative(s): Related Permits: inspection Date: 07/1212017 EntryTime: 1 1'.45AM Exit Time: 12:00PIvi Primary Inspector: Creighton A Bro,.vn Secondary Inspector(s): Alida R Lewis Phone: 910-790-7215 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: State Stormwaler Facility Status: ❑ Compliant IS Not Compliant Question Areas: ® State Stormwater (See attachment summary) page 1 Permit: SW3020927 Owner - Project: All Stai En,ertainmenl LLC 43 Inspection Date: 07/12/2017 Inspection Type Compliance Evaiva;+on Reason for Visit: Routine •` V Inspection Summary: In order to bring this project into compliance, the following actions need to be taken: 1. The trees on the pond slopes need to be removed. 2. The erosion on the pond slopes needs to be repaired. 3. The vegetation on the pond slopes must be restored. 4. The outlet structures need to be cleaned out, and repaired as necessary. 5. The Designers Certification must be provided. 6. The permit must be transferred to the new property owners. page: 2 Permit: SW8020927 Owner - Project All Star Entellamment LLC 43 + Inspection Male: 0711212017 Inspection Type Compliance c"valuation Reason for Visit. Routine Operation and Maintenance Yrs No NA NE Are the SW measures being mainlained and ooema ed as per the permit requirements? ❑ 1 ❑ ❑ Are the SW BfJP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑ a DWO upon request? Comment: 1. The vegetation on the pond slopes is overgrovm vMh trees. 2. The trash rack on the outlet structure in Pond 41 is clogced with debris. SW Measures Yes No NA NE Are the S%1V measures constructer as per the approved i51ans7 ❑ ❑ ❑ Are the inlets located per the approved plans? ® ❑ ❑ ❑ Are the outlet structures located per the approved plans? ❑ 10 ❑ ❑ Comnlent: 3 The outlet structure for pond 41 Is not constructed in the correct location according to approved plan 4. Pond #1 is overflow ng at eastern corner by Bridgers Rd. not at the emercency overflow causing - erosion and sedimentation into adjacent wetlands Built Upon Area Is ltle site BUA conslructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as perrni[ted) graded such that the runoff drains to the system? Comment: 5. Per Google, BUA appears OK File Review Is the permit active? Signed copy of the Engineer's cerlification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the fie? Comment 6 The Permit expired on 02/20/2017 and has not been renewed Other Permit Conditions Is the site compliant with other conditions of the permit? Yes No NA NE ❑ ❑ ❑ EMM ❑ ❑ ❑ EM ❑ ❑ ❑ Yes No NA NE ❑ RM ❑ ❑ ❑ ® ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ 0 ❑ Yes No NA NE ❑ ®❑❑ Comment: 7. Ownership of the property changed hands in 2013 and again in 2016, but the Mermiltee did not notify the Division and did not file a request to transfer the permit. Other WQ Issues Yes No NA NE Is the slle compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ 91 Comment: page 3 DETENTION POND ANALYSIS FILE NAME: G:IDATAIWPDATAIWQSIPOND1020927-1.WK1 PROJECT #: SW8 020927-1 REVIEWER: L. Lewis PROJECT NAME: All Star Entertainment Theatre DATE: 20-Feb-03 Receiving Stream: Mulberry Branch Class: C Sw Drainage Basin: Lumber Index No. LBR59 15-25-2-7 Site Area 7.02 acres Drainage Area 221 2 00 square feet Area = 5.09 acres IMPERVIOUS AREAS Rational C Building 37396.00 square feet Parking 138482.00 square feet Sidewalk 6891.00 square feet square feet square feet square feet TOTAL -182769'.: . square feet Rational Cc= 0.04 SURFACE AREA CALCULATION IMPERVIOUS 82.50% SAIDA Ratio 3.52% Des. Depth 7 Req. SA 7809 sf TSS: 90 Prov. SA ':Q546`; sf VOLUME CALCULATION * place a "1" in the box if Rational is used Rational ?` FOREBAY Des. Storm 10 inches Perm. Pool Volume= 33288 Rv= 0.79 Req. Forebay Volume= 6657.6 Bottom '10 ms! Provided Volume= 8722.00 Perm. Pool 17 60>> ms1 Percent= _. Design Pool 18.25 msl Design SA 12918 sf Req. Volume 14631>:' cf SA @ _ Prov. Volume 'f 4G65:; cf Elevation= ORIFICE CALCULATION Avg. Head = 0.58 ft Q2 Area = 3.32 sq. in. Flow Q2, cfs 0.085 cfs 05 Area = 1.33 sq. in. Flow Q5, cfs 0.034 cfs Orifice Area 3.14 sq. in. No. of Orifices 1.'<` Q= 0.080 cfs Diameter, inches .......:. . 200weir HxW rn x in Drawdown = days COMMENTS Surface Area . Volume and Orifice are within Design GuidelineE DETENTION POND ANALYSIS FILE NAME: G:IDATAIWPDATAIWQSIPOND1020927-2.WK1 PROJECT #: SW8 020927-2 REVIEWER: L. Lewis PROJECT NAME: All Star Entertainment Theatre DATE: 06-Feb-03 Receiving Stream; Mulberry Branch Class: C SW Drainage Basin: Lumber Index No. LBR59 15-25-2-7 Site Area 7.02 acres Drainage Area 331:'64 00' square feet Area = 0.76 acres IMPERVIOUS AREAS Building square feet Parking 12384.00 square feet Sidewalk square feet square feet square feet square feet TOTAL 1,23$4<Qb square feet SURFACE AREA CALCULATION % IMPERVIOUS 37.32% Des. Depth 4 TSS: 90 Rational C Rational Cc= 0.13 SAIDA Ratio 3.29% Req. SA 1090 sf Prov. SA »5205': sf VOLUME CALCULATION * place a "1" in the box if Rational is used Rational ?* Des. Storm « 1 00' inches Rv= 0.39 Bottom 10 msl Perm. Pool 14 00. msl Design Pool 14.21 msl Design SA 5461 sf Req. Volume 10 cf Prov. Volume 1::12?` cf ORIFICE CALCULATION Avg. Head = Flow Q2, cfs Flow Q5, cfs No. of Orifices Diameter, inches Drawdown = 0.09 ft 0.006 cfs 0.002 cfs .. . ........ weir HxW 2.8'. days FOREBAY Perm. Pool Volume= Req. Forebay Volume= Provided Volume= Percent= SA @ _ Elevation= Q2 Area = Q5 Area = Orifice Area Q= COMMENTS Surface Area , Volume and Orifice are within Design Guideline: i n 8212 1642.4 1734.00 21 �°Co 0.62 sq. in. 0.25 sq. in. 0.44 sq. in. 0.004 cfs x E7 in 1 `• State of North Carolina Department of Environment f • and Natural Resources Wilmington Regional Office Division of Land Resources Land Quality Section NCDENR. NORTH CARouNA DEPARTMENT OF Michael F. Easley, Governor �j ENVIRONMENT AND NATURAL RESOURCES William G. Ross Jr., Secretary February 14, 2003 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL 7002 2410 0006 9368 0064 RETURN RECEIPT REQUESTED All Star Entertainment, LLC #3 Mr. Brian McCall 205 Brookshire Lane Beckley West Virginia 25801 Project Name: All Star Entertainment Theater Project No: BR-03072 Brunswick County Dear Mr. McCall: On February 1 1, 2003, personnel of this office inspected a project located SR 1349 in Brunswick 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 7.03 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 1 13A-50 to 66, and Title 1 5A, 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 conduct a land -disturbing activity in accordance with the provisions of an approved erosion and sedimentation control plan. G.S. 113A-61.1. Check dams, sediment trap and inlet protection have not been installed as per plan. The erosion and sedimentation control plan approved by this office on must be immediately implemented on the site sufficient to restrain off -site sedimentation, or if that plan can no longer address the field conditions, submit to this office a revised plan that addresses current erosion and sediment control needs. : . 2. Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land - disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). Measures were not properly constructed and/or not maintained. As a result, off site damage has occurred within the wetland/watercourse along the north side of the project. 127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 • Telephone 910-395-3900 • Fax 910.350.2004 An Equal Opportunity Affirmative Action Employer Mr. Brian McCall February 14, 2003 Page Two 3. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures and facilities during the development of a site. 15 NCAC 4B.0013. Sediment is entering the site where silt fencing has failed. Sediment is being tracked off site at the construction entrance (where .the gravel has been buried). Inlet protection has not been maintained. To correct these violations, you must: 1. Install measures as per plan; check dams, sediment traps, and inlet protection. 2. Install any additional measures necessary to retain sediment on site. 3. Repair and maintain measures; silt fence, gravel construction entrance, and inlet protection. If the violations described in this Notice are not corrected within 10 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 project 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. Sincerely, Daniel Sams, E., E. Regional Engineer DES//bfr CC: Sedimentation Specialist DWQ Supervisor LQS-WiRO TH r Person ipan** 11 Res -- =W P wi i,.,-ha, ;-.1 W, r fJ[1•i7 T' I. ProjectLbdation 1�TicturcsNoFO� t ',,Agita Video❑ '2. WeAeT'iid S011 . ;;7io_lafioh� X �',Yc� `0 �N6'0- 3 s'site ..'e'. ui'rie' n..t;ly-. un� "er notice o Is -the '*site 'in"c'b'mplid"n"c"e"i'�'ith'the ' S_.'P.C.A.p'n"d the £I (n6,"che& Viol atio'fis beio­w: W .D a'.`No­'- approved plan G.'S.'J 13A-57(4) ana 15A NCAC10413'.01 g.'--I6deq6aie'buffer i6n6, G.S. J 13A-57(l) • b Failure to '47.4 follow. approVed plan; G S 113A-61 Is!'opes and -s' ',V,­'-"-t','--br-15ANCAC 0413.0124 (d) :9c:":Failure to submit revised bA'-�4 I 5A NCAC 04B 0 11 B(a) `0 i.,!,Un protecte expose s lopes, G SA13A-57(2), —-.— 'u , to rn 0 Failure to"provide adequate groundr,G. ."113A-57(3)an8Failure maintain erosion control measures, A :-15 A NCAC 04B.0I 07(b) or 15 A NCAC 04B.'01 24(e) 4 1'5 A'NCAC:64B, 0113 -$ -Other(descri c Elk. site, 113A-57(3) ib nsu icient measures to retam s t..'.Fallu'retotake a I reasonable measures,'! 5A NCAC 0413.0105 P -"--;-N'o :Describe' otential NPDES Pciinii Viol' 7, check all that aoply): _'d 'J f yes; where? 7. Has 'sediI mentation amag� occurred sin Iasi inspection? Yes Lakc/patu�al w'a'ter6oP"rsetract La watercourse the'traci-'b­"bther­property U C- eA- , `.'Degree of dan6ge:.Ul kh derate E`,severe U .8. Contact made with amc) Inspection Report given El- or'sint Person Financially Responsible '-Z": -',..Date givWs6nt V .9. Corrective actions needed: 'An XA 77. ., '. - ­. . : ': , . ; , V ' _ , -'I' A I(), Comments: 6,A A I • vf Z 7� Report by: . . . ......... Others present ime nrnvi T e caving Inspection 1M cc;