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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 S2 /[7l3/1 eivta.l 7�, 91¢nn 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. .•`'%"..'.,� Aq 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 . c+ •........� o .- ��igR0 TWO 107 COMMERCE ST. IVE A. 0P•`�� 28 HESTRON WIILLMWGTON, NCCINEMA 03 �������, 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 TO IVVVW0 943 Sgaau—_ wAsNul�f �r5 , Ac. 2-7 88 `) WE ARE SENDING YOU 6Y�ttached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ 11244Cgn @I F 4 I�l�l� 7�44La� DATE .a 1�D I l JOB NO ATTENTION � I 1r b : \^d`o RE: T Y V c C.O v" l O FEB U I the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION ..!! 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 / SIGNED: ��-�— /f enclosures are not as noted, kindly notify us at once. � 1 j �, � •.1 i `� 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 scanned image of the recipient information is provided below. Signature of Recipient: ed le Address of Recipient: N r I� ess1"344[0 Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service USPS - Track & Confirm Page 1 of 1 UNITEDSTATES_ POSTAC SERVICEe Track & Confirm Search Results Label/Receipt Number: 7009 2250 0000 9252 5112 Expected Delivery Date: January 27, 2011 Class: First -Class Mail® Service(s): Certified Mail - Return Receipt Electronic 'Status: Delivered Your item was delivered at 5:11 pm on January 27, 2011 in WINSTON SALEM, NC 27105. Detailed Results: • Delivered, January 27, 2011, 5:11 pm, WINSTON SALEM, NC 27105 • Acceptance, January 26, 2011, 4:35 pm, WASHINGTON, NC 27889 Home I HeID l Sign In Track & Confirm FA S Track & Confirm Enter Label/Receipt Number. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. CED Return Receipt (Electronic) Verify who signed for your item by email. Cg> Site Mao Customer Service Forms Gott Services Careers Pmacv Policy Terms of use Business Customer Gate Copyright® 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrm l .smi.usps.com/PTSIntemet Web/interLabelinquiry.do 2/1 /2011 Pii ��Z o 7 5�✓ i 97o�/y — j ywcPsz /�y7` � ifs_ 7�2-w/� r'Ss gI�/o i — f%K r 3 �16o ss LLc Prima � ✓ � _�/ c 7s2---g36� 51 `jersv 1-ec/PL,e`r,� Norte r ri Ln owy; No insurance Coverage Provided) Ln C pp pp pp er+ nj Ir postageLr(ol $Oertltled Feeo O Retum Receipt FeeO (Endorsement Required). Resincted Delivery Fee(Endorsement Required)Ln ~fU Totalpnafeea&Fees ru 'tT nt WILCO HESS LLC 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 U.S. Postal Service,,, CERTIFIED , MAILTI', (Domestic Mai/ RECE PT Onty; No Insurance Coves For delivery (p{pnmation e P 9 TovidedJ visit our s ! O Postage $ o samosa Fee tA C 2> Return Recelpt F. 8 (EndorearaeCP nt Required) �Postmerk 10 EasMotea Delivery Fee O Hera p (ntloreemanl Raqulred) y\ iTl Total Poste e & Fees r� B m ' sbnn p a WILCO-HESS LLC \J o F 5446 UNIVERSITY PARKWAY `c'6 WINSTON-SALEM NC 27105-1366 -. -.. -- m .. Postage o CemHed Fee rR r3 Retum Receipt Fee 0 (Endorsement Required) a N p ^O ) ) wt I a,1 Restricted Delivery Fee ' em � (ErMaremement Required) O Total PmMane A. Fees 6. rq enl `o WILCO-HESS LLC r o;A 5446 UNIVERSITY PARKWAY Siy WINSTON-SALEM NC 27104-1366------------ UNITED STATES POSTAL SERVICE I First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • 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 1 is I i i i i di 11 i 1 i 11 i I I A 111 i i i{li 1' is i'I f l l' lhill!"llis1ii11 ■ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. AA 1. Article Addressed to: WILCO-H ESS LLC 5446 UNIVERSITY PARKWAY WINSTON-SALEM NC 27105-1366 A. Signature X \ ..E3 Age N O Acl< B. Received by (Printed Name) C. Date of C \,\- �"3 D. Is delivery address different from Rem 1? C3 Ye= It YES, enter delivery address below: O No 13. SSel_VW Type Ercertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merol IIIIL ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (E#ra Fee) O Nev 2. Article IN 7008 1300 0001 0434 7044 (lranslei PS Form 3811, February 2004 Domestic Return Receipt IN Complete items 1, 2, and 3. Also complete A_ Si ature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ 6ddre so that we can return the card to you. B. Received by (Printed Name) C. Dat of Del III Attach this card to the back of the mailpiece' i or on the front if space permits. 1. Article Addressed to: WILCO-HESS LLC 5446 UNIVERSITY PARKWAY WINSTON-SALEM NC 27104-1366 D. Is delivery address different from item 17 ❑ Y s If YES, enter delivery address below: , ❑ No 3. �SServvi%i �h�ype IdCenified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Articlef^ 7008 1300 1- (rrans 0435 06- 1 PS Form 3811, February 2004 Domestic Return Receipt ❑ Yes �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: ❑ ® ❑ ❑ 2. A signed copy of the Operation & Maintenance Agreement is in the files: ❑ ® ❑ ❑ 3. A copy of the recorded deed restrictions is in the files: (check permit for requirements) ❑ ❑ ® ❑ SITE VISIT 1. Drainage area is consistent with the permit and approved plans: ® ❑ ❑ ❑ 2. Built -upon area to drainage area is consistent with the permit and approved plans: ® ❑ ❑ ❑ 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: 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 ® ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ 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: ❑ ® ❑ ❑ 2. The inlet device is in good working order and undamaged: ❑ ® ❑ ❑ 3. Forebay is free of excessive sediment: ❑ ® ❑ ❑ 4. The forebay berm is in the correct location, in good working order, undamaged, and without erosion: ❑ ❑ ❑ 5. Banks are stable with no erosion present: ® ❑ ❑ ❑ 6. Vegetated slopes are no greater than 3:1: ® ❑ ❑ ❑ 7. Grass is mowed (not scalped) as required: ❑ ® ❑ ❑ 8. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated: ❑ ❑ ❑ 9. Sediment has not accumulated in the main treatment area in excess of design storage depth: ❑ ❑ ❑ EJ 10. Algal growth does not cover more than 50% of the area: ❑ ® ❑ ❑ 11. Cattails, phragmites or other invasive plants do not cover more than 50% of the basin surface: ® ❑ ❑ ❑ 12; The embankment is free of shrubs or trees: ❑ ® ❑ ❑ 13. There is no evidence of muskrats or beaver activity present: ❑ ❑ ❑ 14. The swale or emergency outlet bypass is in the correct place and is in good condition: ❑ ® ❑ ❑ 15. Drawdown device is correctly sized and fully functional per the approved plans: ❑ ❑ ❑ 16. Erosion or other signs of damage have not occurred at,the outlet: ❑ ❑ ❑ 17. The vegetated filter and level spreader for 85% design removal is in place and operating properly: ❑ ❑ ® ❑ 18. The wet pond is located and has the correct dimensions as on the approved plans: ® ❑ ❑ ❑ 19. Baffles are located per the approved plans and in good working order: ❑ ❑ ® ❑ 20. If permitted, the fountain pump is less than or equal to the maximum allowable size: ❑ ❑ ® ❑ 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 �$ ��/p -' F. 2 101 9 J .5. P 5 ' 2 50 � AC Ill• ICE3 � O 0 t. f♦Q M1tl_. Ap r���! `gay X(� !�♦ - D { F�q bEl fig �ti' t. .. v. �. � �'.? a`l!\11 :�i •; 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 ❑ ❑ ❑ IN ❑ ® ❑ ❑ 0 ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ 9 ❑ �Aube4 Pe y rg cicol�e 5 L L-c- 2--i 1 O s- s Co1p LA SJk S1-��-�vtip� l 551- i o-7 4 ,A4n 'Rr v3n 0 I