SWA000007_ Notice of Cont Violat & Recomm for Enforce_20201020

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
October 13, 2020
NORTH CAROLINA
Entrlronriental Quaaty
CERTIFIED MAIL #7018 2290 00018295 9618
RETURN RECEIPT REQUESTED
BGM Properties, LLC
Attn: Charles S Mangum, Manager
403 Victor Hugo Dr.
Cary, NC 27511
(1Ci 2 0 2020
`1 LAND OLiALITY
;-'i "'DATER PERAhITTING
Subject: NOTICE OF CONTINUING VIOLATION AND RECOMMENDATION FOR
ENFORCEMENT
NOV- 2019-PC-0503
Stormwater Management Permit No. SWA 000007
Bobcat of Wilmington
New Hanover County
Dear Mr. Mangum,
On October 1, 2020, Wilmington Regional Office staff of the Division of Energy, Mineral and Land Resources
(DEMLR) performed an inspection to determine the status of compliance with Stormwater Management Fast
Track Authorization to Construct (ATC) Permit No. SWA 000007, which was issued to you on July 28, 2017 for
the Bobcat of Wilmington, located at 3896 US Hwy 421, Wilmington, New Hanover County, North Carolina.
This letter is to notify you that you remain under a continuing violation of Title 15A North Carolina
Administrative Code (NCAC) 02H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for
failure to respond fully to the Notice of Violation dated July 9, 2019 and for failing to resolve the violations. The
violations, as outlined in the prior notices of violation and updated below, are:
I. Failure to submit an as -built package and Fast Track Final Permit Application within 45 days of
completion of the proiecG
Per Section 6 of the permit and 15A NCAC 02H .1044(3) of the Stormwater rules, the Permittee shall
submit a Fast Track Final Stormwater Permit Application and all required items within 45 days of
completion of the project. Also per section 6 of the permit and 15A NCAC 02H.1044(2) of the
Stormwater Rules, approval of the as -built stormwater plans is required prior to the Erosion and
Sedimentation Plan being closed out Communications with the New Hanover County Erosion Control
Specialist on July 8, 2020 confirmed that the Erosion and Sedimentation Control Plan was requested to be
closed out by the permittee and was closed out by New Hanover County on May 29, 2019. This indicates
to the Division that the site was considered complete by the permittee. In response to the July 5, 2019
inspection and July 9, 2019 Notice of Violation, the county re -instated the erosion control permit on July
9, 2019.
On July 18, 2019 a written response to the July 9, 2019 Notice of Violation from Steve Mangum,
Manager of BGM Properties, LLC, indicated that the appropriate Fast Track Final application would be
received within 45 days. On September 10, 2019 DEMLR sent a follow-up email requesting a status
update of the Fast Track Final application, as well as the other noted violations. A response from Mr.
Steve Mangum was received on September 10, 2019 indicating the work was pushed back due to
Hurricane Dorian and that he would ask about the Fast Track Final application. No follow-up response
was ever received. DEMLR sent email requests on both September 11, 2019 and September 26, 2019 for
a status update on the timeline for addressing the compliance issues, including the submission of the Fast
Track Final application. On September 30, 2019, a response was received from Mr. Kevin Mangum
indicating that the repair work to the SCM was completed and that the Fast Track Final application
package would be submitted by the end of the week. To date, no Fast Track application has been
submitted and no follow-up correspondence has been received from the permittee. In order to correct this
violation, please submit for and obtain a Final Fast Track Stormwater Permit.
North Carolina Department of Environmental Quality Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension Wilmington. North Carolina 28405
vim. c;.xv._rw
910.796.7215

State Stormwater Permit No. S WA 000007
Page 2 of 2
►�
Per Section 2.e. of the Permit, all operation and maintenance for the project, during the term of
the ATC, shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control
devices are converted to SMCs. Once the devices are converted to SCMs, the permittee shall
provide and perform the operation and maintenance necessary, as listed in the recorded operation
and maintenance agreement. In the July 18, 2019 response, it was noted the corrective work to
address the violations noted in the July 9, 2020 would be completed within 45 days. The
September 30, 2019 email indicated the work necessary to address the violations noted in the
July 9, 2019 Notice of Violation was completed. It was observed in the October 1, 2020
inspection that some corrective work had been completed, however, complete operation and
maintenance of the system has not been provided. The inspection found the SCM to have an
overall lack of adequate vegetation, heavy equipment tracks within the SCM, and debris within
the SCM. The structure suspected to be the emergency overflow also appeared to need
maintenance. Please see Attachment A for pictures taken during the October 1, 2020 inspection.
The maintenance necessary to keep the SCM functioning at the design condition must be
performed in accordance with the recorded operation and maintenance agreement. Additionally,
an as -built Final Fast Track Stormwater Permit Application with all required items, including a
recorded operation and maintenance agreement, must also be submitted.
This Office requires 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 include a written
"Schedule of Compliance" which outlines the actions you will take to correct the violation(s) noted above and
in the attached inspection report and a time frame for completion of those actions.
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. Please reference
the State assigned project number on all correspondence. Should you have any questions regarding these matters,
please contact Christine Hall at 910-796-7215 or via email at [e-mail].
Sincerely,
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Compliance Inspection Report
Attachment A — Inspection Photos
DES/ gdz: \\\Stomtwater\Pemuts & Projects\S WA Fast Track ATC\000007 ATC HD\2020 10 NOV_NORE 000007
cc: Justin C. Bishop, Malpass Engineering & Surveying, PC
New Hanover County Engineering
Annette Lucas, PE / Alaina Morman; DEMLR
Wilmington Regional Office Stormwater File

Compliance Inspection Report
Permit: SWA000007 Effective:07/28/17 Expiration: 07/28/22
Project: Bobcat of Wilmington
Owner: Bgm Properties LLC
County: New Hanover Adress: 3896 US Hwy 421
Region: Wilmington
City/State/Zip: Wilmington NC 28401
Contact Person: Charles S Mangum Title: Phone: [phone]
Directions to Project:
Travel 0.94 miles north on Hwy 421 from int. of 1-140 & Hwy. 421 site on east side of Hwy. 421.
Type of Project: State Stormwater - High Density
Drain Areas: 1 - (Northeast Cape Fear River) (03-06-23) ( C;Sw)
On -Site Representative(s):
Related Permits:
Inspection Date: 10/01/2020 Entry Time 10:OOAM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Garrett D Zorda
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater, Authorization to Construct
Facility Status: ❑ Compliant 0 Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 11:OOAM
Phone:
Inspection Type: Compliance Evaluation
page 1

Permit: SWA000007
Inspection Date: 10/01/2020
Owner - Project: Bgm Properties LLC
Inspection Type Compliance Evaluation
Inspection Summary:
In order to bring this site into compliance, the following items must be addressed:
Reason for visit: Follow-up
1) The Fast Track Final Application package, including the required as -built certifications, recorded operation &
maintenance agreement, as -built plans and other required documentation has still not been recieved.
2) An overall lack of adequate vegetation, heavy equipment tracks and debris within the basin indicates the approapria
operation and maintenance of the system has not been provided. The structure suspected to be the emergency overflc
also appeared to need maintenance.
page 2

permit SWA000007 Owner - Project Bgm Properties LLC
Inspection Date: 10/01/2020 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review Yes No NA NE
Is the permit active? N ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ 0 ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file? ❑ 0 ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ N ❑
Comment: The Fast Track Final Application package, including the required as -built certifications, recorded
operation & maintenance agreement, as -built plans and other required documentation has still not bee
recieved.
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑ 0
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? ❑ ❑ ❑
Are the inlets located per the approved plans? ❑ ❑ ❑ 0
Are the outlet structures located per the approved plans? ❑ ❑ ❑
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 ❑ ❑ ❑
DWQ upon request?
Comment: An overall lack of adequate vegetation, heavy equipment tracks and debris within the basin indicates t
approapriate operation and maintenance of the system has not been provided. The structure suspecte
to be the emergency overflow also appeared to need maintenance.
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Yes No NA NE
❑ ■❑❑
Comment: Permit Condition 6. of the issued ATC permit requires a Final Fast Track Permit Application to be
submitted with 45 days of a projects completion (in accordance with 15A NCAC 02H.1044(3)). No Fine
Fast Track Permit Application has been submitted.
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ E ❑ ❑
Comment: Inspector noted oil product is coming out of the open shelter area
page 3

State Stormwater Management Systems
Permit No. SWA 000007
Attachment A
Image A.1. Overall view of the infiltration basin with lack of adequate vegetation.
Image A.2. Pre-treatment forebay of infiltration basin and side slopes with lack
of adequate vegetation.
Page 1 of 3

State Stormwater Management Systems
Permit No. SWA 000007
Image A.3. Picture of main infiltration basin area from eastern slop with lack of
adequate vegetation. Equipment tracks (1) and debris (2) can be seen in the main basin
area, indicating heavy equipment has been driven through the infiltration basin
causing possible compaction of the soil.
Image AA. Main infiltration basin area with lack of adequate vegetation. Equipment
Tracks (1) can be seen on side slope and within the infiltration basin area.
Page 2 of 3

State Stormwater Management Systems
Permit No. SWA 000007
Image A.5. Main infiltration basin side slope and suspected emergency overflow,
which appears to need maintenance.
Page 3 of 3