HomeMy WebLinkAboutSW7970519_COMPLIANCE_20190528STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW ZZ6519!
DOGTYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE���
YYYYMMDD
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Compliance Inspection Report
Permit: SW7970519 Effective: 03/10/11 Expiration: 03/10/25
Project: Speedway Beaufort County
Owner: Speedway LLC
County: Beaufort Adress: Hwy 264 E
Region: Washington
City/State/Zip: Washington NC 27889
Contact Person: Glenn D'Antuonoo{- Title: Environmental Coordinator Phone: 609-901-1757
Directions to Project: g-dcLn t or ae $,gJ2dVe/v, CC7�
Take Hwy 264 thm Washington toward Belhaven. Project is on thesouth side of road just past Hodges Ave.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Runyon Creek) (03-03-07 ) ( C;NSW)
On -Site Representative(s):
Related Permits:
Inspection Date: , 05/28/2019 Entry Time: 02:OOPM
Primary Inspector: William J Moore
Secondary Inspector(s):
- Reason for Inspection: Routine
Permit Inspection Type: Stale Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 02:45PM
Phone: 252-946-6481 Ext.264
Inspection Type: Compliance Evaluation
page: 1
Permit SW7970519 Owner - Project: Speedway LLC
Inspection Date: 05/28/2019 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Site inspection 05/28/19 at the Speedway on John Small Ave in Wasington, NC. This is an existing gas/convenience
store located on a 1.4-ac site with 39,262-sf of impervious area. Stormwater is treated in an existing 3276-sf wet pond.
Permit to be transferred to new owner.
The condition of the wet pond was found to be very poor due to a lack of operation & maintenance. The following
problems were noted during the inspeciton:
1) excess woody growth around perimeter.
2) vegetation along slopes not cut
3) excess Floating vegetation over surface of pond
4) accumulation of trash & debris
Owner needs to address the above maintenance issue and implement routing operation & maintenance for this site.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? M ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ■ ❑ ❑ ❑
Comment:
SW Measures
Yes
No NA NE
Are the SW measures constructed as per the approved plans?
0
❑ ❑ ❑
Are the inlets located per the approved plans?
0
❑ ❑ ❑
Are the outlet structures located per the approved plans?
0
❑ ❑ ❑
Comment:
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 ❑ ❑ ❑
DWO upon request?
Comment: see summary comments
page: 2
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Wilco Hess LLC
Mr. Steve Williams, President
5446 University Parkway
Winston-Salem NC 27105-1366
Division of Water Quality
Coleen H. Sullins
Director
March 29, 2011
Subject: NOTICE OF VIOLATION RESOLUTION AND CLOSURE
NOV-2011-PC-0060
Permit Condition Violations .
Stormwater Management Permit No. S W 7970519
Trade Wilco 41845
Beaufort County
Dear Mr. Williams
Dee Freeman
Secretary
On January 24, 2011, Amy Adams of the Washington Regional Office performed an inspection to
determine the status of compliance with Stormwater Permit S W7970519 which was issued to you on
August 15, 1997 and Renewed in April 13, 2009 for the Trade Wilco #1845, located at 1345 John Small
Avenue, Washington, Beaufort County, North Carolina.
On March 7 h, 2011 this Office received a response and plan of action to the above mentioned NOV: This
response, along with the site inspections by Bill Moore, and the quick actions to resolve the NOV have
addressed the concerns of this Office. This Office considers this violation closed and is not pursuing any
civil penalty assessments for this violation.
Sincerely,
Amy Adams, Stormwater Compliance
Surface Water Protection Section
Washington Regional Office
cc: Shelton Sullivan- Webscape Unit
Inspector, Beaufort County Building Inspections
u.-4aRO Files
DWQ Central Files
North Carolina Division of Water Quality Internal: www ncwatergualitv.org
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer- 50% Recycled1100/. Post Consumer Paper
ne
NorthCarolina
naturally
TRADE WILCO
WILCOHESS LLC
3602 US Highway 264 East
Greenville, North Carolina 27834
March 7. 2011
Mr. Al Hodge, Regional Supervisor
NCDENR, Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
MAR 7 2011
REF: TradeWilco #1845 Stormwater Permit No. SW7970519, NOTICE OF VIOLATION and
Recommendation for Enforcement, NOV-2011-PC 0060
Dear Mr. Hodge:
I would like to express to you that it was not
Stormwater Permit No. SW7970519. We did ft
should have before beginning construction. We
plan modification prior to the new construction
site.
our intention to violate the conditions of our
I to review the conditions of the permit as we
understand that we should have submitted a
activities currently taking place on the project
In your decision of assessment of a civil violation and penalty I would ask that you consider the
following items:
1. The existing system has been maintained in an operating condition throughout the
construction process.
2. We have not added any fill to the existing pond. The vegetation on the bank behind the
new retaining wall was covered with sand giving the appearance that fill may have been
added. We had Stroud Engineering who designed the system inspect the pond for
verification that no fill has been added. Please see the attached letter from them.
3. Steve Janowski, PE has reviewed the calculations and determined that the pond was
originally oversized when initially permitted in 1997. Upon review of the existing Permit
No. SW7970519 and the impervious area that was calculated to be treated by the pond
it has been determined by Mr. Janowski that the impervious area "now" entering the
pond is less than what was allowed for on the original permit by 0.108 acre. Therefore,
no improvements should be required to be made to the pond.
4. Your office was submitted a Permit Modification Application on the morning of March 3,
2011 and I trust you will find the application and the supporting data acceptable to issue
a revised permit.
Thank you for your consideration of this matter and please call me if you have any questions.
cerely,
Inwood Brown
'TELEPHONE (800) 849-5467 • FACSIMILE (252) 752-9957
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
107 B COMMERCE STREET
GREENVILLE, NORTH CAROLINA 27858
(252) 756-9352
February 24, 2011
Mr. Al Hodge
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Trade Wilco #1845
Stormwater Management Permit No. S W7970519
Plan of Action -Addition
Mr. Hodge,
After being contacted by Linwood Brown with Wilco Hess, LLC about the Notice
of Violation, we made an inspection to determine the work that needed to be done to
bring the project into compliance. During that inspection, it was noted that the pond was
functioning as designed and there were no apparent problems with the pond itself. Some
fill material was noted on the top of the northern bank, but no violations were noted
below Permanent Pool.
However, the plans that were provided to us did show a slight increase in the
amount of impervious area that the existing pond was designed for. The existing pond is
designed for 0.76 ac (33,105 sf). The proposed Site Plan called for 0.81 ac (35,406 sf),
which is an increase of 2,300 sf or 5.3%. Once Mr. Linwood Brown was notified of this
increase in area, he immediately authorized Stroud Engineering, PA to design the
appropriate measures needed to get this project back into compliance with DWQ
Stormwater Rules.
If you have any questions, please feel free to contact me.
.•`'%"..'.,�
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Doi ,
Sincerely,
.• ,
QO
Q $EAL
45
Richard Brown, PE
107 COMMERCE ST. 4�yg�R�.`102-D CINEMADRIVE
SUITE ','D W1LMNCON,
HES15ON TWO
AH�22
N
GREENVILENC 27858 its$1its % (970) 815-0775
MOREHEAO CITY, NC 28557
(2521 756-9352
(252) 247-7479
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
107 B COMMERCE STREET
GREENVILLE, NORTH CAROLINA 27858
(252) 756.9352
February 10, 2011
Mr. Al Hodge
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Trade Wilco #1845
Stormwater Management Permit No. SW7970519
Plan of Action
Mr. Hodge,
Linwood Brown, with Wilco Hess, LLC has contacted Stroud Engineering, PA and has
made us aware of the Notice of Violation that is dated January 24, 2011. We have been
asked to work with the Division of Water Quality in order to bring this project into
compliance with the Stormwater Regulations. Please see the Plan of Action listed below:
Stroud Engineering, PA will submit the plan modifications, along with the
appropriate fees, to NCDWQ Washington Office.
Upon approval from DWQ, Linwood Brown along with a representative from
Stroud Engineering, PA will ensure that the site will be constructed and brought
into compliance with the NCDWQ Stormwater Regulations.
The total Plan of Action could be completed in approximately 70 business days plus the
review time required by your office. If you have any additional questions or need any
further information, please do not hesitate to contact me.
k CAgp��,��� Sincerely,
..... I"
SEAL
36845 Richard A. Brown, PE
9 titiO1NEEP•�y��c
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107 COMMERCE ST. IVE
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HESTRON
WIILLMWGTON, NCCINEMA
03
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151---A HWY.
GREENVILLE, NC 27858 (910) 815-0775
MOREHEAD CITY, NC 28557
(252) 756-9352
(252)247-7479
STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
107 B COMMERCE STREET
GREENVILLE, NORTH CAROLINA 27858
(252) 756-9352
February 10, 2011
Mr. Al Hodge
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Trade Wilco #1845
Stormwater Management Permit No. SW7970519
Plan of Action
Mr. Hodge,
Linwood Brown, with Wilco Hess, LLC has contacted Stroud Engineering, PA and has
made us aware of the Notice of Violation that is dated January 24, 2011. We have been
asked to work with the Division of Water Quality in order to bring this project into
compliance with the Stormwater Regulations. Please see the Plan of Action listed below:
1. Stroud Engineering, PA will submit the plan modifications, along with the
appropriate fees, to NCDWQ Washington Office.
2. Upon approval from DWQ, Linwood Brown along with a representative from
Stroud Engineering, PA will ensure that the site will be constructed and brought
into compliance with the NCD WQ Stormwater Regulations.
The total Plan of Action could be completed in approximately 70 business days plus the
review time required by your office. If you have any additional questions or need any
further information, please do not hesitate to contact me.
107 COMMERCE ST.
SUITE B
GREENVILLE, NO 27858
(252)756-9352
e` SEAL
36845
A.
102-D CINEMA DRIVE
WILMINGTON, NO 28403
(910) 815 0775
Sincerely,
Richard A. Brown, PE
HESTRON PLAZA TWO
151-A HWY 24
MOREHEAD CITY, NO 28557
(252)247-7479
7
1k STROUD ENGINEERING, P.A.
107-B Commerce Street
GREENVILLE, NC 27858
(252) 756.9352
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WE ARE SENDING YOU 6Y�ttached ❑ Under separate cover via
❑ Shop drawings ❑ Prints ❑ Plans
❑ Copy of letter ❑ Change order ❑
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❑ Samples ❑ Specifications
COPIES
DATE
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DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
LO for approval
❑ For your use
[lefts requested
❑ For review and comment
❑ FORBIDS DUE
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
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SIGNED: ��-�—
/f enclosures are not as noted, kindly notify us at once.
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STROUD ENGINEE
CONSULTING ENGINEERS
107 B COMMERCE STREET
GREENVILLE, NORTH CAROLINA 27858
(252) 756-9352
February 10, 2011
Mr. Al Hodge
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Trade Wilco #1845
P.A.
Stormwater Management Permit No. SW7970519
Plan of Action
Mr. Hodge,
Linwood Brown, with Wilco Hess, LLC has contacted Stroud Engineering, PA and has
made us aware of the Notice of Violation that is dated January 24, 2011. We have been
asked to work with the Division of Water Quality in order to bring this project into
compliance with the Stormwater Regulations. Please see the Plan of Action listed below:
1. Stroud Engineering, PA will submit the plan modifications, along with the
appropriate fees, to NCDWQ Washington Office.
2. Upon approval from DWQ, Linwood Brown along with a representative from
Stroud Engineering, PA will ensure that the site will be constructed and brought
into compliance with the NCDWQ Stormwater Regulations.
The total Plan of Action could be completed in approximately 70 business days plus the
review time required by your office. If you have any additional questions or need any
further information, please do not hesitate to contact me.
J` SEAL
t 36846
�'•,9�p �QIN�
107 C SU TE gCE ST RD� An
GREENVILLE, NC 27858
(252) 756-9352
Sincerely,
Richard A. Brown, PE
102-D CINEMA DRIVE HESTRON PLAZA TWO
WILMINGTON, NC 28403 151-A HWY. 24
(910) 815-0775 MOREHEAD CITY, NC 28557
(252)247-7479
r WaR.O
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 24, 2011
CERTIFIED MAIL 47009 2250 0000 9252 5112
RETURN RECEIPT REQUESTED
Wilco Hess LLC
Mr. Steve Williams, President
5446 University Parkway
Winston-Salem NC 27105-1366
Subject: NOTICE OF VIOLATION and Recommendation for Enforcement
NOV-2011-PC-0060
Permit Condition Violations
Stormwater Management Permit No. SW7970519
Trade Wilco #1845
Beaufort County
Dear Mr. Williams"
This letter is to notify you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H
.1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit
No. SW7970519.
On January 24, 2011, Amy Adams of the Washington Regional Office performed an inspection to
determine the status of compliance with Stormwater Permit SW7970519 which was issued to you on
August 15, 1997 and Renewed in April 13, 2009 for the Trade Wilco 41845, located at 1345 John Small
Avenue, Washington, Beaufort County, North Carolina.
As a result of the site inspection and DWQ file review, the following observations and violations are
noted:
I. Permit Condition #9, Section 11. Schedule of Compliance
DWQ observed that improvements are being constructed on site. The expansion exceeds the footprint of
the prior structure in the same location and in addition, appears that fill has been added to the pond in
order to accommodate this expansion. This is a violation of Permit Number SW7970519 Condition 49
which states:
"The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved plans,
including but not limited to those listed below: a. Any revision to any item shown on the
approved plans, including the stormwater management measures, built -upon area, details, etc. b.
project name change c. transfer of ownership d. Redesign or addition to the approved amount of
North Carolina Division of Water Quality Internet: www.ncwaterouality. one
943 Washington Square Mall Phone: 252-946-6481 T�7One L, 1
Washington, NC 27889 FAX 252-946-9215 i ort11iCat1r�'y0/1/11]a
An Equal OpportunitylAffrmative Action Employ er-50%Recycli0% Post Consumer Paper ;Vati(rally
built -upon area or to the drainage area e. further subdivision f. Filling in, altering, or piping any
vegetated conveyance shown on plans."
Required Response
1. This Office requires that you respond to this letter in writing to the address listed at the
bottom of the letterhead within 30 calendar days of receipt of this Notice. Please provide a
written "Plan of Action" which outlines the actions you will take to correct the following
violation(s) and a time frame for completion of those actions.
Failure to modify Plan -Please submit a plan modification along with appropriate fees to
the Office listed at the bottom of this letterhead including all plans and details sheets.
By copy of this letter to the Beaufort County Inspection Office, DWQ is requesting that the Building
Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
Thank you for your immediate attention to this matter. This Office is considering an enforcement action
including the assessment of civil penalties regarding these violations and any continuing violations that
may be encountered. Your above -mentioned response to this correspondence will be considered in this
process. Please be advised, these violations and any continuing or future violations are subject to a
civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina
General Statute 143-215.6A.
This office requires that the violations, as detailed above, be abated and properly resolved. Should
you have any questions regarding these matters, please contact either Amy Adams, Bill Moore, or myself
at (252) 946-6481.
Si cerely,
l�
AI odge, Reg a pervisor
Surface Water Protection Section
Washington Regional Office
cc: John Hennessy- NPS-ACOU
Inspector, Beaufort County Building Inspections
aRO Files
DWQ Central Files
UNITEDSTATES
POSTAL SERVICE.
Date: 02/01 /2011
Della Robbins:
The following is in response to your 02/01/2011 request for delivery information on your
Certified Mail(TM) item number 7009 2250 0000 9252 5112. The delivery record shows that
this item was delivered on 01/27/2011 at 05:11 PM in WINSTON SALEM, NC 27105. The
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Address of Recipient: N r I�
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sired MR. STEVE WILLIAMS, PRESIDENT ...........
orP< 5446 UNIVERSITY PARKWAY
�'ty WINSTON-SALEM NC 27105-1366
North Carolina
Beverly Eaves Perdue
Governor
NCDENR
Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
November 09, 2009
CERTIFIED MAIL #7008 1300 0001 0434 7044
RETURN RECEIPT REQUESTED
Wilco-hess LLC
5446 University Parkway
Winston Salem NC 27105-1366
Dear Mr. Brown:
Dee Freeman
Subject: DEADLINE TO AVOID FURTHER ACTION
N O V-2008-P C-0835-Fol low-u p
Stormwater Permit No. SW7970519
Trade Mart 445 (-Trade Wilco 91845)
Beaufort County
You received the Notice of Violation on December 15, 2008 regarding the issues with Trade -Wilco #1845
in Beaufort County. To date, although the permit renewal has been issued the operation and maintenance
issues on site haven not been complete and therefore the still is still not in compliance. I understand that
the maintenance issues on site required extensive work and a designer's certification of the repaired storm
water system in addition to the renewal application; however the timeline for completion has been
exceeded.
Please provide a plan of action including a timeline for completion of all remaining actions on -site to this
Office by November 25th, 2009 to avoid any enforcement proceedings, including but not limited to civil
penalty assessments. It is the exFectation of this Office that all remedial actions and certification of the
site be completed by January 15' , 2009.
Thank you for your attention to this matter. If you have any questions, please contact me at (252) 946-
6481 or amy.adams(u ncmail.net. Please be advised that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who is required but fails
to act in accordance with the terms, conditions or requirements of such permit or any other permit
or certification issued pursuant to the authority conferred by the general statues.
Si rely,
Amy Ada
Environmental Senior Specialist
Division of Water Quality
Washington Regional Office
cc: John Hennessy- NPSACOU
Stud Engineering 107-B Commerce St. Greenville NC 27858
VK"aRO Files
Central Office Files
Linwood Brown Fax: 252-551-1074
North Carolina Division of Water Quality Internet: wwrv.ncwatcrqualiiV.ore
943 Washington Square Mall Phone: 252-946-6481 1�iOne
Washington, NC 27889 FAX 252-946-9215 1 V ortt t, 1Car01111[I
An Equal Opportunity/Affirmative Action Empbyer- 50% Recycled110% Post Consumer Paper naturally
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• Sender: Please print your name, address, and ZIP+4 in this box
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQ/Surface Water Protection
943 Washington Square Mall
Washington North Carolina 27889
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5446 UNIVERSITY PARKWAY
WINSTON-SALEM NC 27105-1366
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WINSTON-SALEM NC 27104-1366
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�102595-02-M-1546
N ITED STATES`^F'OSFP.�'S`ICE�+�L' ���
• Sender: Please print your name, address, and ZIP+4 in this box
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQ/Surface Water Protection
943 Washington Square Mail
Washington North Carolina 27889
IfIIfIII IIllfIlfIII IIfill IIIIII �i i „IIn I�IJIIIfIIII III III
'i
Y
iR0 Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 10, 2008
CERTIFIED MAIL #7008 1300 0001 0435 0648
RETURN RECEIPT REQUESTED
Wilco-hess LLC
5446 University Parkway
Winston Salem NC 27105-1366
Dear Sirs:
Coleen H. Sullins, Director
Chuck Wakild, P.E., Deputy Director
Subject: NOTICE OF VIOLATION WITH INTENT TO
ENFORCE
NOV-2008-PC-0835
Failure to Renew Stormwater Permit
Failure to Change Ownership
Stormwater Permit No. SW7970519
Trade Mart 945 (-trade Wilco 91845)
Beaufort County
This letter is to notify you are in violation of North Carolina General Statutes for failure to apply for or to
secure a permit required by G.S. 143-215.1, and/or failure to act in accordance with the terms, conditions, or
requirements of such permit. In addition, you may be in violation of 15A NCAC 2H .1003 for failing to
comply with terms, conditions and limitations of a Stormwater Management Permit. 15A NCAC 2H .1003 is
a rule of the Environmental Management Commission implementing Part 1 of Article 21 of the North
Carolina General Statutes.
On November 20, 2008, Amy Adams and Pat Durrett of the Washington Regional Office performed an
inspection to determine the status of compliance with Stormwater Permit Number S W7970519 issued to you
on August 15, 1997 for the subject project, 1345 John Small Ave, Beaufort County, North Carolina.
As a result of the site inspection and file review, the following violations, detailed below, are noted:
1. Failure to submit a renewal application 180 days prior to the expiration of a permit with
appropriate processing fees.
2. Failure to provide the Designer's Certification as required
3. Failure to provide the operation and maintenance as required*
*Specific operation and maintenance failures are noted in the Continents section of your inspection report.
Please refer to the new Operation and Maintenance Agreement for solutions for noted problems.
North Carolina Division of Water Quality Internet: www ncwaterquahtv.ora One
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
An Equal oppodunitylA(firmative Action Employer- 50% Recycled110% Post Consumer Paper Naturally
Page 2 of 2
Wilcohess LLC T?
Trade Mart ft45 (Trade -Wilco #1845) 4
Beaufort Countv — —
Requested 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 address
the following items:
I. Submit the change of name/ownership form
2. Submit the enclosed renewal application with new signed O&M agreement and Designer's
Certification along with processing fee currently set at $505
3. Provide a written "Plan of Action" which outlines the actions you will take to correct the
violation(s) noted under the `Comments' in the attached inspection report and a time frame for
completion of those actions.
Failure to provide the 'Plan of Action" within 30 calendar days, or failure to correct the violations by the date
designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000. and may result in the
initiation of enforcement action which may include recommendations for the assessment of civil penalties,
pursuant to NCGS 143-215.6A.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
continuing violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. Please be advised that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who is required but fails to
act in accordance with the terms, conditions or requirements of such permit or any other permit or
certification issued pursuant to the authority conferred by the general statues. Should you have any
questions regarding these matters, please contact either Amy Adams or myself at (252) 946-6481.
Sincerely, a& ��n
—
�1 At Hodge, Regional Supervisor
UU Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
Permit Renewal Application Form
Designer's Certification Form
Wet Detention Operation & Maintenance Agreement
cc: John Hennessy- NPSACOU
Stroud Engineering 107-B Commerce St. Greenville NC 27858
Herbert Perry PO Box 1162 Washington NC 27889
v4aRO Files
Central Office Files
Linwood Brown Fax:252-551-1074
V1.11_08
STATE STORMWATER INSPECTION CORE QUESTIONS
Project Name: Trade Mart #45 (Trade -Wilco #1845) Permit No: SW7970519 Expiration date:08/15/2007
Contact Person: Wilcohess LLC Phone No:
County: Beaufort Center of Project GPS: Lat: 35032'44"N Long: 77001'54.3 "W
Facility Address: 1345 John Small Ave City: Washington Zip: 27889
(If multiple basins exist, specify basin(s):
Date: 11-20-2008 Entry time: 11:00 am ® pm ❑ Exit time: 11:50 am ® pm ❑
Method of Treatment: (check types) ® High Density ❑ Low Density ® Wet Detention ❑ Dry Detention ❑ Bioretention
❑ Infiltration Basin/Trench ❑ Wetland ❑ Sandfilter ❑ Permeable Pavement ❑ Level Spreader ❑ Swale
❑ Other: Receiving Waters: UT Runyon Creek . Classification: SC: NSW River Basin: Tar -Pamlico
GENERAL QUESTIONS FILE REVIEW
YES
NO
NA
NE
1.
A signed copy of the Engineer's certification is in the files:
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2.
A signed copy of the Operation & Maintenance Agreement is in the files:
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3.
A copy of the recorded deed restrictions is in the files: (check permit for requirements)
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SITE VISIT
1.
Drainage area is consistent with the permit and approved plans:
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2.
Built -upon area to drainage area is consistent with the permit and approved plans:
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3.
All built -upon area (as permitted -if high density) is graded such that the runoff drains to the system: ®
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4. No (unpermitted) offsite drainage is entering the BMP:
5. Access points to site are clear and well maintained:
6. Trash has been removed as needed:
7. Invasive vegetation species/tree control is provided as needed:
8. Excessive landscape debris (grass clippings, leaves, & sediment) are controlled:
9. All required parts of the system are provided:
10. Maintenance records are available for inspection:
Version 1 11/18/08
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WET DETENTION O & M Supplemental Inspection Report
YES
NO
NA
NE
1.
The inlets are located per the approved plans and do not cause short-circuiting of the system:
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2.
The inlet device is in good working order and undamaged:
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3.
Forebay is free of excessive sediment:
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4.
The forebay berm is in the correct location, in good working order, undamaged, and without erosion:
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5.
Banks are stable with no erosion present:
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6.
Vegetated slopes are no greater than 3:1:
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7.
Grass is mowed (not scalped) as required:
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8.
Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated:
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9.
Sediment has not accumulated in the main treatment area in excess of design storage depth:
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EJ
10.
Algal growth does not cover more than 50% of the area:
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11.
Cattails, phragmites or other invasive plants do not cover more than 50% of the basin surface:
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12;
The embankment is free of shrubs or trees:
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13.
There is no evidence of muskrats or beaver activity present:
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14.
The swale or emergency outlet bypass is in the correct place and is in good condition:
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15.
Drawdown device is correctly sized and fully functional per the approved plans:
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16.
Erosion or other signs of damage have not occurred at,the outlet:
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17.
The vegetated filter and level spreader for 85% design removal is in place and operating properly:
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18.
The wet pond is located and has the correct dimensions as on the approved plans:
®
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19.
Baffles are located per the approved plans and in good working order:
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20.
If permitted, the fountain pump is less than or equal to the maximum allowable size:
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v2.12_08
COMMENTS: (each NO answer should have a comment)
1. Your permit expired on August 15, 2007. You are reminded that the operation of a stormwater treatment facility without
a valid permit is a violation of NC General Statute 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day. To date, this Office has not received your renewal request. This
should be submitted at once.
2. This Office has not received the required documentation for a name and/or ownership change. This must be submitted at
once.
3. This Office has not received the required designer's certification for this stormwater facility. This must be submitted at
once. Your permit requires that upon completion of construction of the permitted treatment facility a certification from a
design professional be submitted to certify that the facility has been installed according to the specifications of the permit.
4. This Office does not have a signed Operation & Maintenance agreement on file. Please sign the enclosed new O&M
agreement and submit along with your renewal and name/ownership change paperwork.
S. Inlet flume is full of sediment and swale has channelized and lacks vegetative cover
6. Forebay appears full of sediment and exact location of forebay berm could not be determined due to excessive plant
growth.
7. Algae covers 100% of basin surface
8. Side slopes are covered in heavy woody stemmed vegetation. Side slopes should be free of woody stemmed vegetation
and grasses should be maintained at a height of 6 inches.
9. Main basin is full of trash and excessive algae growth.
10.An inlet which is not shown or approved on the plans may be by-passing the forebay treatment area and needs evaluation.
i1.Wastewater (unpermitted) is being allowed to enter the stormwater treatment system. This must be addressed
immediately.
12.Access to the outlet structure was not available, therefore the functionality of the drawdown orifice could not be
determined. It is assumed it is clogged with plant growth and should be cleaned.
13.The overflow device is full of plant debris and trash and should be cleaned.
14.Unable to determine if animal activity is present due to heavy plant growth. This should be evaluated and addressed.
15.Could not access outlet structure to evaluate for signs of erosion or other damage. This should be evaluated and
addressed.
a
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Compliant
V2.iz_o8
YES NO
❑ Non -Compliant ® NOV sent ® ❑ Date sent NOV# NOV-2008-PC-0835 .
WATF9
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
� -1
Chuck Wakild, P.E., Deputy Director
December 10, 2008
CERTIFIED MAIL #7008 1300 0001 0435 0648
Wilco-hess LLC
5446 University Parkway
Winston Salem NC 27105-1366
Subject: NOTICE OF VIOLATION (fit )FJ
NOV-2008-PC-0835
Failure to Renew Stormwater Permit
Failure to Change Ownership
Stormwater Permit No. SW7970519
Trade Mart 445 (Trade Wilco #1845)
Beaufort County
Dear Sirs:
This letter is to notify you are in violation of North Carolina General Statutes for failure to apply for or to
secure a permit required by G.S. 143-215.1, and/or failure to act in accordance with the terms, conditions, or
requirements of such permit. In addition, you may be in violation of 15A NCAC 2H .1003 for failing to
comply with terms, conditions and limitations of a Stormwater Management Permit. 15A NCAC 2H .1003 is
a rule of the Environmental Management Commission implementing Part I of Article 21 of the North
Carolina General Statutes.
On November 20, 2008, Amy Adams and Pat Durrett of the Washington Regional Office performed an
inspection to determine the status of compliance with Stormwater Permit Number SW7970519 issued to you
on August 15, 1997 for the subject project, 1345 John Small Ave, Beaufort County, North Carolina.
As a result of the site inspection and file review, the following violations, detailed below, are noted:
Failure to submit a renewal application 180 days prior to the expiration of a permit with
appropriate processing fees.
2. Failure to provide the Designer's Certification as required
3. Failure to provide the operation and maintenance as required*
*Specific operation and maintenance failures are noted in the Comments section of your inspection report.
Please refer to the new Operation and Maintenance Agreement for solutions for noted problems.
North Carolina Division of Water Quality Internet: www.newateraualitv.ore
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 North Cayrrofiina
An Equal OpporrunitylAffirmative Action Employer- 50% Recycled110°/ Post Consumer Paper )Vatu Q((y
Page 2 of 2
Wilcohess LLC
Trade Mart #45 (Trade -Wilco 41845)
Beaufort County
Requested 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 address
the following items:
I. Submit the change of name/ownership form
2. Submit the enclosed renewal application with new signed O&M agreement and Designer's
Certification along with processing fee currently set at $505
3. Provide a written 'Plan of Action" which outlines the actions you will take to correct the
violation(s) noted under the `Comments' in the attached inspection report and a time frame for
completion of those actions.
Failure to provide the 'Plan of Action" within 30 calendar days, or failure to correct the violations by the date
designated in the 'Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the
initiation of enforcement action which may include recommendations for the assessment of civil penalties,
pursuant to NCGS 143-215.6A.
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any
continuing violations that may be encountered. Your above -mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as detailed
above, be abated immediately. Please be advised that a civil penalty of not more than twenty-five
thousand dollars ($25,000) per violation may be assessed against a person who is required but fails to
act in accordance with the terms, conditions or requirements of such permit or any other permit or
certification issued pursuant to the authority conferred by the general statues. Should you have any
questions regarding these matters, please contact either Amy Adams or myself at (252) 946-6481.
Sincerely,
Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
Permit Renewal Application Form
Designer's Certification Form
Wet Detention Operation & Maintenance Agreement
cc: John Hennessy- NPSACOU
Stroud Engineering 107-B Commerce St. Greenville NC 27858
Herbert Perry PO Box 1 162 Washington NC 27889
WaRO Files
Central Office Files
Linwood Brown Fax: 252-551-1074
V1.11_08
STATE STORMWATER INSPECTION CORE QUESTIONS
C'cx'�4 L"A✓1
Project Name: "(1A6A 1-L6 Permit No: SW _7q 1051C1 Expiration date: 9I I510_'
Contact Prsno_n: yJoi 1 t W ;11 ioumS Phone No:
county: 1 ufrYk Center of Project GPS: Lat: 35'3? y4 "N Long: 77' l '5, 2U 3 / "W
Facility Address: ICity: Zip:
(If multiple basins exist, specify basin(s):
Entry time: b' 00 am A pm ❑ Exit time:t.,10 am ® pm ❑ Date:
Method of Treatment: (check types) ❑ High Density ❑ Low Density ❑ Wet Detention ❑ Dry Detention ❑ Bioretention
❑ Infiltration Basin/Trench ❑ Wetland ❑ Sandfilter ❑ Permeable Pavement ❑ Level Spreader ❑ Swale
❑ Other: Receiving Waters: (AT -N . Classification: River Basin: -T—F
SC tJS
GENERAL QUESTIONS FILE REVIEW YES NO NLA NE
1. A signed copy of the Engineer's certification is in the files: ❑ Xf ❑ ❑
2. A signed copy of the Operation & Maintenance Agreement is in the files: ❑ [X ❑ ❑
3. A copy of the recorded deed restrictions is in the files: (check permit for requirements) ❑ ❑ ❑
SITE VISIT +
� n c)n m
1. Drainage area is consistent with the permit: ,Ac,2d CaX ► 0sh �'�" ve(��j ® ❑. ❑ ❑
2. Built -upon area to drainage area is consistent with the permit: ���❑ A ❑ ❑
3. All built -upon area (as permitted -if high density) is graded such that the runoff drains to the system: ❑ ❑ ❑
4. No (unpermitted) offsite drainage is entering the BMP: ✓ k [( ❑ ❑ ❑
�O
,��o �
5. Access points to site are clear and well maintained: Ca,u ss- ❑ ® ❑ ❑
6. Trash has been removed as needed: NO' ❑ ® ❑ ❑
7. Invasive vegetation species/tree control is provided as needed: ' ❑ [ ❑ ❑
8. Excessive landscape debris (grass clippings, leaves, &[sedimeent) are controlled: ❑ ® ❑ ❑
9. All required parts of the system are provided: '���\ �1 �i )" 1� G` ��Yrn�rle ❑ ❑ ❑ ERI
10. Maintenance records are available for inspection: ❑ ❑ ❑ tz
Version 1 11/18/08
COMMENTS: (each NO answer should have a comment)
1. Wi\iM O� Car Wbc41 ieUi(2d ?(yw,4-vKcd'
Provide pictures of site (insert here):
YES NO
Compliant ❑ Non -Compliant ❑ NOV sent ❑ ❑ Date sent NOV# yOQ
Inspectors name& signature: Date:
Version 1 11/18/08
WET DETENTION O & M Supplemental Inspection Report
1. The inlets are located per the approved plans and do not cause short-circuiting of the system:
2. The inlet device is in good working order and undamaged: fji *� r-\4 gfas5264
SWcLIt- as Per- Iola n ,- .
3. Forebay is free of excessive sediment: grD � 1Xecl"eke6' de.Ler"'"
4. Banks are stable with no erosion present:\,N. ��� or.st de, Sl U'¢d
5. Vegetated slopes are no greater than 3:1: .
D� S1c�2S�i��$
6. Grass is mowed (not scalped) as required: MC6�4,
7. Vegetated shelf is 6:1 or\10:1 as permitted and properly vegetated: e4
8. Sediment has not accumulated in the main treatment area in excess of design storage depth:
9. Algal growth does not cover over 50% of the area: l060/o cav'o-rr9e
10. Cattails, phragmites or other invasive plants do not cover 50% of the basin surface:
11. The embankment is free of Shrubs or trees:
12. There is no evidence of muskrats or beaver activity present: C�a�� ``� &."4_N0
13. The swale or emergency outlet bypass is in the correct place and is in good condition:�Ox °F
'�fa5y,
14. Drawdown device is correctly sized and fully functional per the approved plans:
15. Erosion or other signs of damage have not occurred at the outlet:
16. The vegetated filter for 85% design removal is in place and operating properly:
Version 1 11/18/08
YES NO NA NE
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