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
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ointment may view the files to the ex nt that time and staff su ervMom is available.
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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
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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
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��
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