SW8890306_Compliance Evaluation Inspection_20120410

CDE@ R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director .
April 10, 2012
Mr. Warren Bailey, President
Bailey & Associates, Inc., Manager
Piney Green, LLC
PO Box 400
Jacksonville, NC 28540
Subject: NOTICE OF DEFICIENCY
Piney Green Shopping Center
Stormwater Permit No. SW8 890306
Onslow County
Dear Mr. Bailey:
Dee Freeman
Secretary
On April 2, 2012, Linda Lewis of the Wilmington Regional Office of the Division of Water
Quality (DWQ) inspected Piney Green Shopping Center off NC 24 in Jacksonville,
Onslow County to determine compliance with Stormwater Management Permit Number
SW8 890306 originally issued on March 14, 1989, and subsequently modified on March
2, 2004. DWQ 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 cell tower addition has created steep side slopes in the small eastern pond.
That pond is in need of maintenance to remove the overgrown vegetation, to
restore the eroded slopes to 2:1, and to provide permanent vegetated cover.
2. The stormwater junction box that allows both the pre-1988 shopping center area
runoff and the outparcel runoff from Advance Auto to bypass the pond, could not
be located. If it was not built, then it must be constructed immediately, or the
permit will need to be modified to expand the drainage area.
3. In the catch basin closest to the K-Mart Garden Shop, a stubbed out pipe has
been added heading east towards Glade Lane. This pipe in not shown on the
approved plans.
4. The parking lot behind the Sonic Drive -In accesses a road connection from the
Piney Green Shopping Center to Glade Lane. The built -upon area for that portion
of the road connection within the Piney Green Shopping Center property / pond
drainage area was never added to the plans or accounted for in the pond.
Additionally who built the access road/ parking lot, when did they build it, and for
what purpose?
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] DENR Assistance:1-877.623-6748
Internet: www.ncwaterqualk.org
An Equal Oppodunity 1 AffirmeM Actlon Employer
None Carolina
)Vaturall
Y

Mr. Bailey
April 10, 2012
Page 2 of 2
Please inform this Office in writing before May 10, 2012, 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 10, 2012 then
DWQ staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies
have not been addressed.
The Division will not be able to accept an application to add the proposed Glade Lane
Shoppes off of Glade Lane to this permit until the deficiencies above have been
resolved. If you have any questions, please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer III
Enc: Compliance Inspection Report
GDS/arl: SAWMStormwaterTerm its & Projects119891890306 1-11312012 04 CEI_deficient 890306
cc: J. Glenn Tew, P.E.
Georgette Scott, Stormwater Supervisor
Karen Higgins, WBS-CPU
WiRO Stormwater File
DWQ Central Files

Compliance Inspection Report
Permit: SW8890306 Effective: 03/02/04 Expiration: 03/02/18 Owner: Piney Green LLC
Project: Piney Green Shopping Center Addition
County: Onslow NC Highway 24
Region: Wilmington
Jacksonville NC 28541
Contact Person: Warren G Bailey Title: President Phone: [phone]
Directions to Project:
From Intersection of NC Hwy 24 & NC Hwy 172 head West approximately 5.20 miles project will be on right.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Mott Creek) (03-05-02) ( C;NSW)
On -Site Representative(s):
Related Permits:
Inspection Date: 04/02/2012 Entry Time: 01:45 PM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Other
Permit Inspection Type: State Stormwater
Facility Status: Q Compliant ■ Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 02:15 PM
Phone: [phone]
Inspection Type: Modification Offsite
Page: 1

Permit: SW8890306 Owner - Project: Piney Green LLC
Inspection Date: 04/02/2012 inspection Type: Modification Offsite Reason for Visit: Other
Inspection Summary:
The following deficiencies►6re noted during the inspection:
1. The cell tower addition has caused the adjacent pond slopes to be steeper than the permitted 2:1.
2. The approved 1989 stormwater junction box could not be located.
3. An unapproved pipe stubout has been located in the catch basin nearest the K-Mart Garden Shop. The other end of the
pipe could not be located.
To correct these deficiencies, please provide/perform the following items:
1. Maintain the smaller pond slopes to 2:1, remove the overgrowth and restabilize.
2. Please locate the approved stormwater junction box on the plans. If this box has not been constructed, then the permit
will need to be amended to account for the runoff from at least 1/2 of the adjacent Advance Auto Parts outparcel. The
junction box was intended to convey the runoff from that outparcel around the proposed pond.
3. Add the unapproved pipe stubout from that catch basin to the approved plans. If this stubout collects runoff from
outparcel areas that are not part of the approved 8.66 acre drainage area, the permit will need to be modified.
Page: 2

Permit: SW8890306 Owner - Project: Piney Green LLC
Inspection Date: 04/02/2012 Inspection Type: Modification Offsite Reason for Visit: Other
File Review
Is the permit active?
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:
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?
Comment:
SW Measures
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:
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes No NA NE
Yes No NA NE
■Q❑❑
Yes No NA NE
■ ❑ Q ❑
■❑❑❑
■ ❑ ❑ ❑
Yes No NA NE
❑ ■ ❑ ❑
Are the SW BMP inspection and maintenance -records complete and available for review or provided to DWQ ❑ ❑ ❑ ■
upon request?
Comment: 1. This site has a history of poor maintenance. The slopes of the smaller
pond on the east side of the cell tower is in need of maintenance. Teh slopes are very
steep and very overgrown.
Other permit Conditions Yes No NA NE
Is the site compliant with. other conditions of the permit? ❑ ■ ❑ ❑
Comment: 2. The addition of the cel tower has created very steep slopes on the west
sdie of the small eastern -most pond. It appears that the cell tower construction required
more space than was available, and the slopes were steepened to create more area.
3. A pipe is leaving/entering the catch basin in the eastern parking lot nearest to the
K-Mart Garden Shop. The pipe is entering/leaving from/to the east.
4. The stormwater junction box that was approved in 1989 could not be located.
Page: 3

STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
WIRO Regional Office
FILE ACCESS RECORD
SECTION SWP DATUTIME
NAME Qky-, 1� REPRESENTING 1,
Guidelines for Access: The staff of the Regional Office is.dedicated to making public recordsin 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 before signing the form.
1-. Due to the large public demand for fiiP acc�L .vie request that you call at least a day in
advance to schedule an appointment for file review so you- can be accommodated.
Appointments are scheduled between 9:00 a.m. and 3-00 p.m. Viewing time ends at 4:45
p.m. Anyone arriving without an appointment may view the files to the extent that time and
staff supervision are available.
2. You must specify files you want to review by facility name or incident number, as
appropriate. The number of files that you may review at one appointment 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.
There is no charge for 25 or less copies cost per copy after the initial 25 is 2.5 per copy
Payment is to be made by check, money order, or cash in the administrative offices.
4. Files must be kept in the order you received them. Files may not be taken from the office.
No briefcases, large totes, etc. are permitted in the file review area To remove, alter;
deface, mutilate, or destroy material in public files is a misdemeanor for which you can be
fined up to $500.00..
5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for
checks on which payment has been refused.
6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to
reviewing files.
FACILITY NAME COUNTY
2. %-�--
3.
4_
5.
f
Signature/Iv'ime of Firm or Business Date" Time In Time Out
(Please attach business card to form if available)
# Copes "� �+ Amt. Pd.-

aw.
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
November 24, 1993
Mr. Christopher Bailey
Bailey and Associates
Post Office Box 400
Jacksonville, North Carolina 28541-0400
Subject: COMPLIANCE INSPECTION
Piney Green Shopping Center
Stormwater Project No. 890306
Onslow County
Dear Mr. Bailey:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater controls
conducted on November 23,1993 to determine compliance with Stormwater Certification Number 890306
issued on July 24, 1989.
A summary of the findings and comments are noted under Section 6 of the report. Appropriate
action, if required, should be completed by December 24, 1993. Please inform this Office by letter when
required action is completed. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
DA/arl: S:\WQS\STORMWAT\INSPECT\890306.NOV
cc: Central Files
Bradley Bennett
(2) Linda Lewis
127 Cardinal Drive Extension, Wilmington, N.C. 29405-3945 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

STORMWATER COMPLIANCE INSPECTION REPORT
1. Proiect Name: Piney Green Shopping Center
Project Number: 890306 Control Measure: 85 % Detention Pond
Water Body: Mott Creek Classification: C
Directions to site, address: Highway 24 and Piney Green Road.
2. Inspection Date: November 23, 1993
Weather Conditions: Warm, sunny
3. Comparison of Approved plans vs. As -Built: Compared well
4. Maintenance Problems:
1. Despite earlier promises to get this site in shape, little if anything has been done. The side
slopes are overgrown, the outlet structure is covered with vegetation, and none of the
information requested in the August 12, 1993 inspection report has been received.
5. PE Certification Received? YES Deed Restrictions Received? N/A
6. Comments:
1. Please perform the required maintenance and provide this Office with the results of the
inspection and all pertinent elevations and dates, as requested August 12, 1993 in addition
to the requested maintenance in item 1 above.
Inspector: Linda Lewis OL
Water Quality/Wilmington Regional Office/[phone]
DA/arl: S:\WQS\STORMWATIINSPECT\890306.NOV

STORMWATER COMPLIANCE INSPECTION REPORT
I. Project Name: Piney Green Shopping Center
Project Number: 890306 Control Measure: 85 % Detention Pond
Water Body: Mott Creek Classification: C
Directions to site, address: Highway 24 and Piney Green Road.
2. Inspection Date: November 23, 1993
40
4.
5.
Weather Conditions: Warm, sunny
Comparison of Approved plans vs. As -Built:
Maintenance Problems:
Compared well
1. Despite earlier promises to get this site in shape, little if anything has been done. The side
slopes are overgrown, the outlet structure is covered with vegetation, and none of the
information requested in the August 12, 1993 inspection report has been received.
PE Certification Received? YES
DA/arl:
Comments:
Deed Restrictions Received? N/A
1. Please perform the required maintenance and provide this Office with the results of the
inspection and all pertinent elevations and dates, as requested August 12, 1993 in addition
to the requested maintenance in item 1 above.
Inspector: Linda Lewis OL
Water Quality/Wilmington Regional Office/[phone]
[A-3
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S:\1 QS 1STORMWATIINSPECT1890306. NOV
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Li
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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
August 12, 1993
CERTIFIED MAIL P 069 899 479
RETURN RECEIPT REQUESTED
Mr. Christopher Bailey
Bailey and Associates
Post Office Box 400
Jacksonville, North Carolina 28541-0400
Subject: NOTICE OF VIOLATION
Stormwater Project No. 890306
Piney Green Shopping Center
Onslow County
Dear Mr. Bailey:
On July 24, 1989, a Certification of Compliance with Stormwater Regulations, Number 890306,
was issued to you for Piney Green Shopping Center, located in the city of Jacksonville. As stated in the
Stormwater Rules, 15A NCAC 2H .1003(k):
Development must be maintained consistent with the requirements in the [Operation
and Maintenance] plans and modifications to these plans must be approved by the
Division.
On April 20, 1993, and August 5, 1993, Regional Office Staff conducted compliance inspections
of the project's stormwater facilities and found construction completed and the facility occupied. Please
find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The
report summarizes the fmdings of the inspection. Our records indicate that the required Professional
Engineer's Certification has been received. The following condition was observed during the inspection
and is in violation of the Certification:
1. The approved Operation and Maintenance Plan requires pond depth checks once a year,
monthly inspection and clearing of the orifice and trash rack, and mowing of the pond
slopes. In order to verify that the O & M Plan is being implemented, please provide this
Office with the pond depth, verify the presence of an orifice and trash rack, and the date
of the last mowing.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Bailey
August 12, 1993
Stormwater Project No. 890306
----------------------------------------
Failure to maintain an approved Stormwater system as stipulated in the Stormwater Certification
issued on March 14, 1989, is a violation of 15A NCAC 2H.1003(k) and subject to enforcement action
pursuant to NCGS 143-215.6A, including the assessment of civil and criminal penalties up to $10,000
for failing to act in accordance with the requirements of the Certification.
A "plan of action" which enumerates the corrective actions to be taken and the expected
completion date must be received by September 12, 1993. Failure to respond to this Notice with a plan
of action by the due date will result in the initiation of enforcement procedures by this Office and will
include, among other possibilities, the assessment of fines.
If you have any questions concerning this matter, please call Ms. Linda Lewis or Mr. Dave
Adkins at [phone].
Sincerely,
V-.)- ,_ c iz- � (-t , �- . C
Rick Shiver
Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\NOTICE\890306.AUG
cc: Mr. Marshall Batchlor, Onslow County Building Inspector
Mr. Timothy Stewart, P.E., Parker and Associates
Mr. Billy Godwin, Attorney General's Office
Ms. Kathy Cooper, Attorney General's Office
Bradley Bennett
(2) Linda Lewis
Central Files

State of North Carolina
Department of EnvironZnPnty Health, and NaWral ReerJurrrPe
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
April 28, 1993
Mr. Chris Bailey
Bailey and Associates, Incorporated
Post Office Box 400
Jacksonville, North Carolina 28541
Subject: COMPLIANCE INSPECTION
Piney Green Shopping Center Additions
Stormwater Project No. 890306
Onslow County
Dear Mr. Bailey:
On April 20, 1993, a Compliance Inspection of the Stormwater control facilities for Piney Green
Shopping Center Additions was performed. The following items were observed to be in need of
maintenance:
1. The pond slopes are overgrown with reeds and cattails. Please remove these, reestablish
grass cover and perform the maintenance as specified in the Operation and Maintenance
Plan for this facility, including mowing, unclogging the outlet pipes, orifice and trash rack,
and checking the pond depth for sediment build-up.
Please initiate corrective action immediately and inform this Office by letter when maintenance
is complete. A follow-up inspection will be performed. If the items cited above are not corrected by May
28, 1993, initiation of enforcement may begin. If you have any questions concerning this matter, please
call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
DA/arl: 890306I.APR
cc: (2) Linda Lewis
Bradley Bennett
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer