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HomeMy WebLinkAboutSWA000007_ Notice of Cont Violat & Recomm for Enforce_20201020ROY 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 christine.hali@ncdenr.gov. 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: 919-596-1995 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