SW7070217_COMPLIANCE_20140604

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

Pat McCrory
Governor
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MCDENR
North Carolina Department of Environment and Natural Resources
June 4, 2014
CERTIFIED MAIL #7012 2210 0002 4887 2349
RETURN RECEIPT REOUESTED
Rich, Rich, & Phillips, General Partnership
Mr. Charles M. Phillips, General Partner
1468 Carolina Avenue
Washington, NC 27889
Subject: NOTICE OF DEFICIENCY
NOD-2014-PC-0124
Perm itNo. SW7070217
Proposed Walgreens & Future Business Sites — Elizabeth City
Pasquotank County
Dear Mr. Phillips:
John E. Skvarla, III
Secretary
On May 29, 2014, Mr. Satnir Dumpor of the Washington Regional Office of the Division of
Energy, Mineral, and Land Resources (DEMLR) inspected Proposed Walgreens & Future
Business Sites development in Elizabeth City, Pasquotank County to determine compliance
with Stormwater Management Permit Number SW7070217. The inspection was performed
per request of the City of Elizabeth City —Public Utilities Office.
The Stormwater Management Permit Number SW7070217 was issued on March 8, 2007, to
Rich, Rich, & Phillips General Partnership. During the inspection and file review, the
following was discovered:
e Designer's Certification was not submitted for this project;
e Deed Restricitions not submitted;
e The allotted built -upon area for future business sites, as listed in SW7070217, could
not be verified since no application/plans were received for the Panera Bread
development;
u The wet pond permitted by this permit is overgrown by the woody and other
vegetation and needs maintenance;
e
Accordingly, the following permit condition violation is noted during the DEMLR's
inspection:
Failure to Submit Designer's CertiTcation
Section II. Schedule of Compliance No. 6 of Stormwater Permit SW7070217, requires that
upon completion of construction and prior to operation of the permitted facility, a
Division of Energy, Mineral, and Land Resources Land Quality Section
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone, 252-946-64811 FAX: [phone]
Internet: http://po0al.ncdenr.org/web/Ir/land-quality
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

certification must be received from an appropriate designer for the system installed certifying
that the permitted facility has been installed in accordance with the permit, the approved
plans and specifications, and in accordance with other supporting documentation. As of the
date of this letter, DEMLR has not received this certification.
Failure to Submit Deed Restrictions
Section II. Schedule of Compliance No. 17 and 18 of Stormwater Permit SW7070217,
requires that prior to sale of any lot, the ..deed restrictions must be recorded... and must be
submitted to the Division.. As of the date of this letter, DWQ has not received this
document. As stated in item 17.i. "Each lot within the subdivision must submit a separate
Offsite Stormwater Management Permit Application package to the Division and receive an
Off -site State Stormwater permit prior to any construction on the lot" As of the date of this
letter, no application was received for the Panora Bread development.
Failure to Provide Operation and Maintenance
Section II. Schedule of Compliance No. 3 of the Stormwater Permit SW7070217 requires
permittee to provide the operation and maintenance necessary to assure that all components
of the permitted stormwater system function at optimum efficiency.
Required Response
This Office requests that you respond to this letter in writing within 30 calendar days of receipt
of this Notice. Your response should be sent to this office at the letterhead address. Your
response should provide a written "Plan of Action' which outlines the actions you will
take to correct the above violation and a time frame for completion of those actions.
Thank you for your attention to this matter. This office requires that the violation as
described above be properly resolved. Unresolved violations may lead to the issuance of a
Notice of Violation and/or assessments of civil penalties.
If you have any questions or require any additional information, please contact Samir
Dumper or me at [phone].
Sincerely,
Z C /
Patric H. McClain, P
Regional Engineer
Enclosures: Inspection Report and pictures
cc:✓WaRO File Copy— SW Permit SW7070217
Steven Horvath, Public Utilities Engineer - City of Elizabeth City
Bradley Bennett — Stormwater Permitting Unit

Compliance Inspection Report
Permit: SW7070217 Effective: 03/08/07 Expiration: 03/08/21 Owner: Charles Phillips
Project: Proposed Walgreens & Future business sites
Elizabeth City, NC
County: Pasquotank N W Of W Ehringhans St Halstead Blvd
Region: Washington
Elizabeth City INC 27907
Contact Person: Charles Phillips Title: Phone: [phone]
Directions to Project:
From US 17 By -Pass turn right onto west Ehringhans St. proceed east of 0.1 mile & project is on the left north side of west Ehringhans
St.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1-(Knobbs Creek) (03-01-50 ) ( C:Sw)
On -Site Representative(s)
Related Permits:
SW7101007 Chick-Fil-A Inc - Chick-fil-A Restaurant in Elizabeth City
SW7070216 Gordon H Kolb - Walgreens
Inspection Date: 05/29/2014 Entry Time: 01:00 PM Exit Time: 01:45 PM
Primary Inspector: Samir Dumper Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Complaint
Permit Inspection Type: State Stormwater
Facility Status: i=i Compliant ® Not Compliant
Question Areas:
6i State Stormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
Page:t

Permit: SW7070217 Owner -Project: Charles Phillips
Inspection Date: 05/29/2014 Inspection Type: Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Site visited on May 29, 2014 based on request of the City of Elizabeth City. Wlagreens development (SW7070216) and
Chick-fil-A (SW7110007) dvelopment are in good order and it apperas that they were constructed as per approved plans.
The wet pond is covered under this permit - SW7070217, and it needs some maintenance. Wet pond was fenced in and
locked. The view from outside the fence confirmed that the pond is overgrown with woody and other vegetation and some
erosion is noted on visible side slopes.
The Panera Bread development application/plans was never submitted to NCDENR for approval to confirm that the
proposed built -upon area is within allowable as oer this permit.
Page: 2

Permit: SW7070217
Inspection Date: 05/29/2014
Owner -Project: Charles Phillips
Inspection Type: Compliance Evaluation
Reason for Visit: Complaint
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. No Certification received for this project. No Deed restriction 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?
Comment: Walgreens and Chick-fil-A constructed as per approved plans. For the rest
of the site I was unable to confirm since no plans received for Panera Bread
development
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: No plans received for Panera Bread, but it appears that it drains to the wet
pond.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
Yes
No
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No
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Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 0 m n n
upon request?
Comment: Wet pond fenced in and gate locked. Outside of fence view conclusion Is
that the Wet pond is overgrown by woody and ather vegetation. Some erosion is also
noted on side slopes of wet pond. Need maintenance.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Comment:
Yes No NA NE
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Page:3

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June 16, 2014
Thomas P, Nash, IV
Trimpi & Nash, LLP
200 N. Water Street, Suite 2-A
Elizabeth City, NC 27909
Re: Panera Site
Notice of Deficiency NOD-2014-PC-0124
VHB Job Number: 33607.01
Dear Mr. Nash,
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ECEIVED
JUL - 3 2014
D%VQ-VVARO
Please find VHB's response regarding the North Carolina Department of Environment and Natural
Resources (NCDENR) Notice of Deficiency date June 4, 2014.
Failure to Submit Designer's Certification
VHB did not design the permitted facility, therefore VHB is not the "appropriate' designer to certify the (/
facility was constructed in accordance with the permit.
Failure to Submit Deed Restrictions
Attached is copy of transmittal sent to NCDENR, regarding the Erosion and Sediment Control (E & S) Permit
(see Attachment 1). The Deed of Transfer which includes thedeed restrictions was included in that
transmittal (see Attachment 2). 1 have attached correspondence from DENR acknowledging the receipt of
plans (see Attachment 3). Furthermore the E & S Permit issued by DENR and based on plans
submitted/approved are also attached (see Attachment 4). NCDENR issued a permit to Rich, Rich and
Phillips for Walgreens, which allowed for development 4.59 acres of impervious area. Walgreens site
imperviouscoverwas2.07 acres as stated in the permit allowing for 2.52 remaining acres of impervious
cover on the remaining parcels (see Attachment S). NCDENR issued a permit to Chick-Fil-A site impervious
cover was 1.26 acres allowing for the remaining 1.26 acres of impervious cover to be developed on the
residual parcel(s) (see Attachment 6). VHB recollects that a Storm Water Management Permit was not
required for Panera; only an E & S Permit. Plans prepared and submitted by VHB, indicated that the /\
Panera Site has 1.01 acres o impervious area (see Attachment 7). Therefore,. NCDENR could deduce from
Panera plans and previously issued SW permits the Built Upon Area served. by Storm Water Management
Facility was not exceeded as a result of the Panera Bread development (i.e 2.07 + 1.26 +1.01 = 4.34 acres <
4.59 allowable acres) . VHB will open communication directly to NCDENR to resolve the Built Upon Area
issue. Your office will be copied on any future correspondence between VHB and NCDENR regarding this
issue.
Two Columbus Center
4500Main Street, Suite 400
Virginia Beach, Virginia 23462
757.490.0132 • FAX [phone]
www.vhb.com

Failure to Provide Operations and Maintenance
VHB has no response as VHB is not the permittee.
VHB is committed to resolving any deficiency as result of the Panera Bread plan. If you have any questions
please do not hesitate to call me at 757-233-3209.
Sincerely,
Vanasse Hangen Brustlin, Inc.
K. Kelly HDII man, P.E.
Cc: Greg Johnsen, Panera
Kirk Esherick, Panera
Joe Plescia, Panera