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HomeMy WebLinkAboutSW8010912_Compliance Evaluation Inspection_20150507CAFE FEAR ENGINEER6NG May 7, 2015 Linda Lewis, EI North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Notice of Inspection — Not Compliant Rocky Point Scotchman #150 (aka CW's Truckstop, aka Phoenix #308 Travel Center) State Stormwater Permit No. SWS 010912 Pender County Dear Ms. Lewis, Please find the following in response to your Notice of Inspection — Not Compliant letter for the above referenced project dated April 8, 2015. Cape Fear Engineering (CFE) has prepared this response on behalf of the projeces permittee, CENAMA, Inc (Formerly Worsley Companies, Inc.) CFE performed a review of the NCDEN R Stormwater Permit file on May 1, 2015 to vcri y the currently permitted site configuration, stormwater collection system, and stormwater treatment measures. CFE also performed a site visit on May 5, 2015 to confirm the deficiencies noted in the inspection report and to check for any additional items that may not match the permitted conditions. Below are the specific steps that CFE proposes to bring the project into compliance: Step #1: Pond Maintenance Prior to survey, the existing pond will need to be maintained/mowed to remove all vegetation from the banks and to remove all vegetation from the ponds emergency spillway and outlet conveyance(s). In addition, the pond may need to be pumped down for survey to access piped inlets, piped outlets, and outlet structures. SW #2: Asbuilt Survey Once the existing pond has been appropriately maintained, CFE proposes to perform a detailed as -built survey of the existing stormwater BMP, onsite stormwater collection, site buildings, site paving, etc. to accurately identify the project's existing conditions, drainage patterns, and impervious coverage. Step #3: Detailed Analysis of Existing Site Upon completion of the As -built Survey, CFE will further analyze the existing site and develop a comprehensive plan showing the as -built system. CFE will review the as -built plan and further define areas where the existing site does not comply with the approved permit. 151 Poole Road, Suite 100 • 8elville, NC 28451 • TEL: 11910j383-1044 . FAX (S10)383- 1045 www. cap efeare ngIneering. cam Step #4: Design of Corrective Actions Once CFE has developed a comprehensive list of all deficiencies, CFE wit will work to identify corrective actions necessary to address each specific deficiency. Step #5: NCDENR Permit Modification Once CFE has designed the necessary corrective actions to bring the site into compliance, CFE will prepare a comprehensive Permit Modification Package for submittal to NCDENR. SW #6: Construction Upon approval of the NCDENR Stormwater Permit Modification, CFE will formally issue plans for construction to implement the identified corrective actions. The permittee shall select a NC Licsened contractor to complete the necessary construction activities onsite. Step #7: As-builts and Certifications Once construction has been completed, CFE will perform additional field inspections and as -built survey as required to verify compliance with the approved Permit Modification. Any deviations will be corrected immediately. Once CFE has verified that the entire project is in compliance with the approved permit, CFE will submit a Certification for the project. ESTIMATED TIME FRAME: Below is an estimated time frame to complete the specific action items noted above. Step #1: Pond Maintenance Step #2: As -built Survey 30 days 15 days Step #3: Detailed Analysis of Existing Site 15 days Step #4: Design of Corrective Actions 45 days Step #5: NCDENR Permit Modification 90 days* Step #6: Construction 75 days Step #7: As-builts and Certifications 30 days * Assumes 90 days NCDENR review time I trust that this information satisfactorily addresses your request for a written Plan of Action identifying specific actions that will be taken and the time frame to correct the deficiencies. Please let us know if you have any questions or need any additional information. Sincerely,, Matthew Haley, PE CC: CFE File 900-08 "36" CENAMA Inc. (Formerly Worsley Companies, Inc.) 151 Poole Read, Salte 100 • Be{v{lle, NC 28451 - TEL: (310)383-1044 • FAX (910)383- 104S www.capefearengIneering.com STATE OF NORTH CAR OLINA Department of Environmental. and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECIION TIME/DATE NAME REPRESENTING Guidelines for Access: The staff of V,Wiltningtm Regional. Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day to -day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advanee to schedule an appointment to review the files. Ay ointments wM be scheduled between 9:00am and 3.00pm. Viewing time ends at 4:45pm AAyone arriving withoutapoati ointment may view the files to the ex nt that time and staff su ervMom is available. 2. You must specify files you want to review by faeility name. ThB number of files flat you may review at one time will be limited to five. 3. you may make copies of a file when the copier is not in use by the staff and if time permits• Cost per copy is $_05 cents. Payment may be made by check• money order, or cash at the reception desk Conies totaling $5 00 or more can be invoiced for your convenience. 4. FEES MUST BE KEPT IN ORDER YOU pOUND TgEM.' Files may not be taken. from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500,00. No briefcases large totes etc are permitted in the file review area.. 5. 1n accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and colk-eW.for checks on which payment has been refused. FACILITY NAME 2. 41 4. DS b/ tore and Name of Firm/Busiriess Date Pie a attach a budnws card to this form PIES MADE PAID - S:Admin.fde access Time In INVOICE COUNTY Time Out STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina. 28405 (910) 796-7215 FILE ACCESS RECORD SECTION T1M MATE 1�721Z NAME % REPRESENTING Guidelines for Access: The staff of Wilmington Re anal.Office is dedicated to snaking public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records aaid to carry out our day -today progrann obligations. Please read carefully the following guidelines signing the form.: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review tile filespoWtments wM be scheduled between 9:441am and 3: 00pm, Viewing time ends at 4:45pm. AUoue arriving MWQut asa appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to -review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by check, money order. or cash at the receution desk. Conies totaling $5 00 or more can be inypiced foryour convenience.. 4.. F.�LES MUST BE Wn IN ORDER YOU FOUND HU-111 ' Files may not be tak= from the office. To remove, alter, deface, mutsIate, or destroy material in one of these files is a misdemeanor for which you can. be fined up to $500.00. No briefcases, large totes, etc. are nemsitted in the file review area. 5. In accordance with. General Statue 25-3-512, a $25.00 processing flee will be charged and collected. for checks on which payment has been refused. FACILITY NAME 1. ?l t� "'--11 ?YI 2.._ 3. 4 COUNTY SW ature and Na e o ess Date Time In Time Out Please attach a business card to this form COPIES MALE PAID INVOICE S:Adtnzn-file access :5,fq3 Lewis,Linda From: Maureen Jackson <maureen Jackson@cardno.com> Sent: Friday, April 17, 2015 1:24 PM To: Lewis,Linda Cc: Greta Stanlev Subject: Phoenix #308 Stormwater Permit No. SW8 010912 Good afternoon. I am sending this email to follow up on our telephone conversation of this morning in regard to the Notice of Inspection — Not Compliant letter, dated April 8, 2015, that Cenama received in regard to Stormwater Permit No. SW8 010912. As per our conversation, I have contacted Mr. Weaver to schedule a file review to copy applicable items in the facility's folder. Cenama was not aware a stormwater permit had been issued for this location. Once the file review has been completed, we will be back in touch with you to request a formal extension to the May 7, 2015 to bring the site back into compliance. We are presently working on the change in ownership paperwork and should have that submitted by the end of next week (April 24th) Thank you again for your time Maureen Maureen Jackson PROJECT MANAGER I P.G. ENGINEERING & ENVIRONMENTAL SERVICES DIVISION ATC ASSOCIATES OF NORTH CAROLINA, P.C. ("kTC Direct (+1) 919-561-3893 Mobile (+1) 919-561-3893 Address 2512 Independence Boulevard, Suite 200-34, Wilmington, NC 28412 Email maureen.jackson(Mcardno.com Web www.cardno.com CONNECT WITH CARDNO ® C3 M 0 X) YiE:ARS of $*Ing the future ,1a5.206 This email and its attachments may contain confidential and/or privileged information for the sole use of the intended recipient(s). All electronically supplied data must be checked against an applicable hardcopy version which shall be the only document which Canino warrants accuracy. If you are not the intended recipient, any use, distribution or copying of the information contained in this email and its attachments is strictly prohibited. If you have received this email in error, please email the sender by replying to this message and immediately delete and destroy any copies of this email and any attachments. The views or opinions expr ssed are the author's own and may not reflect the views or opinions of Cardno. �� 6A WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 8, 2015 W. Cecil Worsley, III, President CENAMA, Inc., formerly Worsley Companies, Inc. 123 Shipyard Boulevard Wilmington, NC 28412 Subject: Notice of Inspection — Not Compliant Rocky Point Scotchman #150 aka CW's Truckstop; aka Phoenix #308 Travel Center State Stormwater Management Permit No. SW8 010912 Pender County Dear Mr. Worsley: Donald van der Vaart Secretary On March 20, 2015, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Rocky Point Scotchman #150.(aka CW's Truckstop, aka Phoenix #308 Travel Center), located at 13493 NC Highway 210 in Pender County to determine the status of compliance with the modified State Stormwater Management Permit Number SW8 010912 issued on January 9, 2006. DEMLR 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 summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. The Designer's Certification has not been submitted. 2. The length and width of the as -built pond does not appear to be as permitted. 3. The location of the pond appears to have been shifted to avoid power poles, without benefit of an approved plan revision or permit modification. 4. Built -upon area has been added to the site without benefit of a permit modification or an approved plan revision. 5. Based on the April 2014 Pender County site development application, Cenama, Inc. now owns the property. Based on information from the NC Secretary of State corporation website, Worsley Companies, Inc. was changed to Cenama, Inc. in December 2014, and the mailing address was changed to 123 Shipyard Boulevard. Please submit a completed and signed Name/Ownership Change form to document these changes. 6. The permittee has failed to respond to the Division's letter of April 29, 2014, requesting that the permittee provide information regarding the installation of 2 groundwater treatment systems at the site. Based on the site plan provided with the Pender County Site Development Application, the Division pointed out the apparent addition of BUA to the site, the apparent ownership. change and the apparent project name change. To date, the permittee has not responded to that letter. Please inform this Office in writing before May 7, 2015, 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, or to respond to this letter by the due date, 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 May 7, 2015, then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. Division of Energy, Mineral, and Land Resources Land Quality Section —Wilmington Regional office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 - (910) 796-7215 / Fax: (910) 350-2004 Mr. Worsley April 8. 2015 Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including operation and maintenance of the permitted stormwater system. Violations of your Stormwater Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation. If the property covered by this permit has been sold or legally conveyed to another entity or if the permit holder has changed its name and/or mailing address, or if the project name has been changed, it is your responsibility as the permittee to submit a completed and signed Name/Ownership change form to DEMLR at least 30 calendar days prior to making the changes. These forms are available on our website at: http://Portal.nedenr.ora/web/Ir/state- stormwater-forms docs. If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7215 or via email at Iinda.lewis(D-ncdenr.gov. Sincerely, GX�iG�Gv . Linda Lewis, E.I. Environmental Engineer Enc: Compliance Inspection Report DS1arl: 111Stormwater)Permits & Projects120011010912 HD12015 04 CEI_deficient 010912 cc: Perry Davis, P.E., Cape Fear Engineering, Inc. Pender County Planning Division (PO Box 1519 Burgaw 28425) Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Page 2 of 2 Compliance Inspection Report Perrnit: SW8010912 Effective:01/09/06 Expiration: 01/09/20 Project: Rocky Point Scotchman #150 (CWs Truckstop) Owner: Worsley Companies Inc County: Pander Adress: Rocky Point Region: Wilmington City/State0p: Rocky Point NC 28457 Contact Person: W Cecil Worsley Directions to Project: Title: Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 1 - (Northeast Cape Fear River) (03-06-23) ( B;Sw) On -Site Representative(s): Related Permits: SW8060268 Worsley Companies Inc - Worsley Company SW8941207 Worsley Companies Inc - Worsley 1-401210 Truck Stop Inopoetion note: 03/20/2015 EntryTime: 03:15PM Primary Inspector: Alida R Lewis Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant Not Compliant Question Areas: State Stormwater (See attachment summary) Phone: 910-395-2870 Exit Time: 03:30PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation page: 1 Permit: SW8010912 Owner - Project: Worsley Companies Inc Inspection Date: 03/2012015 Inspection Type Compliance Evaluation Reason for Visit: Routine Inspection Summary: The noted deficiencies for this site include: 1. The Designer's Certification has not been submitted. 2. The pond appears undersized. 3. BUA has-been added to the site without benefit of an approved plan. 4. The pond appears to have been shifted to avoid the power poles, without benefit of an approved plan. 5. The permittee has not provided a response to the Division's letter of April 29, 2014. page: 2 Permit SW8010912 Owner- Project Worsley Companies Inc Inspection Date: 03/2012015 Inspection Type Compliance Evaluation Reason for Visit: Routine 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: 1. The Designers Certification has not been submitted. Built Upon Area 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 BUA (as permitted) graded such that the runoff drains to the system? ❑ 0❑❑ ■ ❑❑❑ ❑ ❑■❑ _Yes No NA NE ❑ ■❑❑ ❑ ❑ ❑ ❑ ■❑❑ Comment: 2. Two compacted gravel areas have been added to the Proiect One is located behind the convenience store and Provides a large area for truck parkina. The other is located to the east of the convenience store and is used to access the weigh station. SW Measures Are the SW measures. constructed as per the approved pians? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Yes No NA NE ❑❑❑i ❑ ❑❑0 ❑ ❑ ❑ Comment: 3. The Dond was inaccessible at the time of the inspection Goggle maDs indicate that the pond's overall length and overall width (170 x 55) appear to fall short of the Dermitted pond (202 x 97)The pond's vital statistics need to be verified and certified by a suitable professional 4. The pond appears to be located in a different space It appears that the pond was shifted to avoid the power poles. Other Permit Conditions Is the site compliant with other conditions of the permit? Comment: 5. The Permittee has not responded to the April 29, 2014 letter regardinq the Pender Coun Yes No NA NE ❑ N ❑ ❑ development aDplication that was submitted by a different owner for the installation of 2 groundwater treatment systems to be housed in 2 mobile trailers on this site. Its not clear if the property has changed ownership or if the application was submitted by the folks who actually owned and installed the groundwater treatment systems. The Dermittee was notifed of the Permit extension to January 9 2020 and clarification regarding ownership was also requested No response has been received 6. The Permittee has added BUA to the site without benefit of an approved plan revision page: 3