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Home My WebLink AboutSW8880910_COMPLIANCE_20120110STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 8800110 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ® COMPLIANCE EVALUATION INSPECTION DOC DATE 2012 01 1 0 YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Dee Freeman Governor Director Secretary January 10, 2012 Mr Bob Hardin, Director Manufacturing IKA Works, Inc 2635 Northchase Pkwy, SE Wilmington, NC 28405-7419 Subject NOTICE OF INSPECTION Forest Plaza 1 Stormwater Permit No SW8 880910 New Hanover County Dear Mr Angoff On January 5, 2012, the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Forest Plaza I (now IKA Works Inc) in New Hanover County to determine compliance with Stormwater Management Permit Number SW8 880910 issued on September 26, 1988 This inspection was initiated as a result of an Express request to transfer and modify the permit DWQ file review and site inspection revealed that the site is not currently in compliance with the terms and conditions of this permit Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection As indicated in the attached inspection report The following items must be resolved in order to approve a modification to the permit 1 repair outlet structure to add the approved orifice Additionally, the following items must be resolved in order for the site to be found compliant 1 remove any accumulated trash 2 repair and stabilize the eroded inlets 3 trim and maintain vegetation on the pond side slopes to a height of 6 inches 4 remove any accumulated debris, trimmed vegetation, or sediment from the pond and inlets Please inform this Office in writing before January 18, 2012, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day If a written plan of action is not submitted to this office by January 18, 2012 then DWQ staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910) 796-7323 Sincerely, C� �j Christine Nelson Environmental Engineer Eric Compliance Inspection Report GDS/can S \WQS\Stormwater\Permits & Projects\1988\880910 HD\2012 01 CEI_deficient 880910 cc Rick Moore, McKim & Creed; Karen Higgins, WBS-CPU; WIRO Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 One Phone 910 796 7215 \ FAX 910 350 20041 DENR Assistance 1-877.623 6748 NorthCarohna Internet w n avaterquality org Vatully An Equal Opportunity l Affirmative Action Employer (/VLf `NKL`✓U R Compliance Inspection Report Permit SW8880910 Effective 09/26/88 Expiration County New Hanover Region Wilmington Contact Person Charles Agnoff Title Directions to Protect Type of Protect State Stormwater - HD - Detention Pond Dram Areas 1 -(Smith Creek) (03-06-23) ( C,Sw) On -Site Representative(s) Related Permits Inspection Date 01/05/2012 Entry Time 10 25 AM Primary Inspector Christine Nelson Secondary Inspector(s) Reason for Inspection Other Permit Inspection Type State Stormwater Facility Status ❑ Compliant ■ Not Compliant Question Areas E State Stormwater (See attachment summary) Owner Charles Agnoff Protect Forest Plaza 1 2635 Northchase Pkwy Sw Wilmington NC 28405 Phone Exit Time 11 15 AM Phone 910-796-7215 Inspection Type Modification Offsrte Page 1 Permit SW8880910 Owner -Project Charles Agnoff Inspection Date 01/05/2012 Inspection Type Modification Offsite Reason for Visit Other Inspection Summary This Inspection was Initiated as a result of an Express request to transfer and modify the permit The following Item must be resolved in order to approve a modification to the permit 1 repair outlet structure to add the approved orifice Addtlionally, the following items must be resolved in order for the site to be found compliant 1 remove any accumulated trash 2 repair and stabilize the eroded inlets 3 trim and maintain vegetation on the pond side slopes to a height of 6 inches 4 remove any accumulated debris, trimmed vegetation, or sediment from the pond and inlets Page 2 Permit SW8880910 Owner -Project Charles Agnoff Inspection Date 01/05/2012 Inspection Type Modification Offsite Reason for Visit Other File Review Yes No NA NE Is the permit active9 ■ ❑ ❑ ❑ Signed copy of the Engineer's certification is in the file? 000 ❑ Signed copy of the Operation & Maintenance Agreement is in the file? ■ ❑ ❑ ❑ Copy of the recorded deed restrictions is in the file? ❑ ❑ ■ ❑ Comment 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? ■ ❑ ❑ ❑ 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? ■ ❑ ❑ ❑ 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? ❑ ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ ■ upon request? Comment Several inlets have erroded allowing sediment and debris to accumulate in the pond Vegetation on pond side slopes needs to be trimmed to a height of 6 inches The 8" pipe cap with a 1 3/4" diameter orifice is missing Remove any accumulated trash (NE = not evaluated) Other Permit Conditions Is the site compliant with other conditions of the permit? Comment Land owner has changed Permit needs to be transferred Other WO Issues Is the site compliant with other water quality issues as noted during the inspection) Comment Yes No NA NE ❑ m ❑ ❑ Yes No NA NE ■❑❑❑ Page 3 STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION /' SWP DATEFFIMEr— NAME 1/' e4 �Cd/ REPRESENTING Guidelines for Access The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations Please read carefully the following before signing the form 1 Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated Appointments are scheduled between 9 00 a m and 3 00 p m Viewing time ends at 4 45 p Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available 2 You must specify files you want to review by facility name or incident number, as appropriate The number of files that you may review at one appointment will be limited to five 3 You may make copies of a file when the copier is not in use by the staff and if time permits There is no charge for 25 or less copies cost per copy after the initial 25 is 2 5 per copy Payment is to be made by check, money order, or cash in the administrative offices 4 Files must be kept in the order you received them Files may not be taken from the office No briefcases, large totes, etc are permitted in the file review area To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500 00 5 In accordance with GS 25-3-512, a $25 00 processing fee will be charged and collected for checks on which payment has been refused 6 The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files FACILITY NAME 1 l rC 2 G'' '1 3 4� S naturefName of Firm or Business Date (Please attach business card to form if available) # Copes Amt COUNTY Time In Time Out Y July 20, 2006 Mr Chuck Agnoff 1205 Culbreth Drive, Ste 100 Wilmington, NC 28405 NOTICE OF INSPECTION Forrest Plaza I Stormwater Protect No SW8 880910 New Hanover County Dear Mr Agnoff Michael F Lasley Go%emor William G Ross Jr, Secretary North Caro hna Department of Environment and Natural Resources Alan W Klimek, P E Director Division of Water Quality The Division received a request to transfer the ownership and permit for the subject project on May 30, 2006 Prior to transferring a permit, the Division requires that the facility be inspected for compliance Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report" The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on July 19, 2006, to determine compliance with Stormwater Permit Number SW8 880910 issued to you on September 26, 1988 The required actions that are necessary to bring this site into compliance are noted under Section 4 of the report Please inform this Office in writing before August 20, 2006, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies Failure to provide the requested information, when required, may initiate enforcement action If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215 Sincerely, Linda Lewis Environmental Engineer II ENB/arl S \WQS\STORMWAT\INSPECT\880910 tu106 cc Michael Andres Danny Smith, Compliance & Enforcement Unit Wilmington Regional Office Linda Lewis N��`1tCarolina �vWA(ra!/y North Carolina Dimon of" ater Quality 127 Cardinal Drne Extension Wilmington NC 28405 Phone (910) 796 7215 Customer Sen ice Wilmington Regional Offitt Internet "ti%e ncwaterouahty or Fax (910) 350 2004 1-877-623 6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110 % Post Consumer Paper STORMWATER COMPLIANCE INSPECTION REPORT Protect Name Forrest Plaza I Protect Number 880910 Control Measure Wet Detention Pond Water Body UT Smith Creek Classification C Sw Directions to site, address Take NC 132 North from Wilmington, turn right at NorthChase Parkway SE Travel a few hundred feet Protect is on the right Inspection Date July 19, 2006 Weather Conditions Clear & hot Compliance Issues Y N ®❑ The drainage area (including offsite) and built -upon area to the permitted system are per the approved plan ®❑ All the built -upon area associated with the protect is graded such that the runoff drains to the system ❑ ® For ponds/infiltration, the outlet/bypass structure relative elevations are per the approved plan (Must be verified via as -built survey if in question) A trash rack is provided over the outlet weir and orifice All slopes are grassed with permanent vegetation and are not eroding Vegetated slopes are no steeper than 3 1 The approximate amount of permitted surface area has been provided (Must be verified via as -built survey or designer's certification ) Required drawdown devices are correctly sized per the approved plans All required design depths are provided The designer's certification has been submitted Required maintenance is being performed Required Actions (Each deficiency is explained below and what needs to be done to bring the system back into compliance) a The pond banks are steep and extremely overgrown with woody vegetation Very little grass stabilization is present At designated entrance points into the pond, there was severe erosion In many places the slopes were sloughing The woody vegetation will need to be removed, the slopes regraded to a 3 1 slope, and a permanent stand of grass established b The erosion and sloughing of the slopes has filled in the pond in many places The depth of the pond, measured down from the permanent pool elevation of 31 to the bottom, must be a minimum of 3 0 feet Please check the depth and restore it to the design depth c The pond contained a lot of trash, which will need to be removed d The outlet structure could not be located at its designated place It will need to be restored to design condition or better A much stronger outlet structure could be provided, which will provide ease of maintenance, and longer life e Due to the many deficiencies, the Division is requiring that an appropriate registered NC professional evaluate the design and re -certify the pond upon the completion of the listed items f A routine maintenance program needs to be established for this pond It is clear, based on the condition of the pond, that no maintenance is being performed Inspector Linda Lewis, Water Quality/Wilmington Regional Office/(910) 796-7215 ENB/arl S \WQS\STORMWAT\INSPECT\880910 tu106 i 0 Forrest Plaza I New Hanover County Stormwater Project No SW8 880910 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the protect, (Protect) for (Protect Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the protect construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications Required Items to be checked for this certification to be considered complete are on page 2 of this form Noted deviations from approved plans and specifications Signature Registration Number Date cc NCDENR DWQ Regional Office Tony Roberts, New Hanover County Building Inspections SEAL Certification Requirements 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 The outlet/bypass structure elevations are per the approved plan 5 The outlet structure is located per the approved plans 6 Trash rack is provided on the outlet/bypass structure 7 All slopes are grassed with permanent vegetation 8 Vegetated slopes are no steeper than 3 1 9 The inlets are located per the approved plans and do not cause short- circuiting of the system 10 The permitted amounts of surface area and/or volume have been provided 11 Required drawdown devices are correctly sized per the approved plans 12 All required design depths are provided 13 The dimensions of the system, as shown on the approved plans, are provided cc NCDENR-DWQ Tony Roberts, New Hanover County Building Inspections a AeRe� _ YAr arr:�e�9� cElvEo� } M State of North Carolina y��I�iin n REnal M Department of Environment, Health, and Natural Kesources Wilmington Regional Office James G Martin, Governor Bob Jamieson William W Cobey, Jr, Secretary April 14, 1992 Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Richard J. Hurst, Vice Miller Building Corporation Post Office Box 2046 Wilmington, North Carolina Dear Mr. Hurst: President 28403 Subject: Response -Notice of Violation Stormwater Project No.880910 Forest Plaza, Phase I New Hanover County I have received your fax of April 13, 1992, in which you proposed to correct the maintenance of the subject projects stormwater controls upon developing Phase II of the project. This delay in obtaining compliance is not acceptable. Through the Professional Engineers Certification and previous site visits by Division Personnel, it is apparent the violations which exist in Phase I have experienced an on -going history. Attached you will find a copy of the Operation and Maintenance Plan for Forest Plaza, Phase I. This Plan is an important part of the plans and specifications which this Office Certified in approving the Forest Plaza stormwater management plan. The maintenance items which are listed in the Notice of Violation warrant compliance. Completion of this work is independent of Phase II development. Failure to permanently correct the maintenance deficiencies prior to May 18, 1992 will result in initiation of appropriate enforcement action by this Office. The action may include a recommendation that the Stormwater Certification be revoked and/or a recommendation for the assessment of civil penalties. -Continued- 127 Cardinal Dnve Extension, Wilmington, NC 28405-3945 • Telephone 919-395-3900 • Fax 919-350-2004 An Equal Opportunity Affirmative Amon Employer Mr. Hurst April 14, 1992 Stormwater Project No.880910 ------------------------------ If you have any questions concerning this matter, please call Ms. Alexis Finn or Mr. Dave Adkins at (919) 395-3900. Sincerely, Ungmal Signed By l PRCSION HOWARD, iR A. Preston Howard, Jr., P.E. Regional Supervisor APH/aif:880910.APR cc: Sky Conklin, New Hanover County Building Inspections Ms. Alexis Finn (2) Central Files McKIM&CREED March 19, 1992 M&C88157 Mr Dave Adkins Division of Environmental Management 127 Cardinal Drive Extension ENGINEERS Wilmington, NC 28405-3345 SURVEYORS RE Forrest Plaza Phase 1 ARCHITECTS Stormwater Project No 888910 PIANNPS Dear Mr Adkins ReCEIVEDC D) L MAR 3 31gg2 M [.1AR 2 n. 19�� 614 netonR eemal Qffl� DEFW This letter is in reference to the Notice of Violation issued for the subject project on March 9, 1992 This letter is to provide the engineers certification as requested based on the condition of the system at the time of project completion I, Alan Street Lee, being a duly Registered Professional Engineer in the State of North Carolina hereby certify that the stormwater system for Forrest Plaza Phase 1 was constructed in substantial conformity with the approved plans and specifications based on a final inspection performed by our staff at completion of construction We have visited the site after receipt of your letter and observed erosion and sedimentation in the pond which needs to be addressed by maintenance personnel Also, the orifice pipe, outlet pipe and protective screen were in place, but silted over, both upstream and downstream This will also need to be corrected by the owner Please call me if you have any questions concerning this matter Sincerely, MCK & CREEp ENGINEERS, P A 243 NORTH FRONT srrrEE. •• O ZN CARQ(r"" treet Lee, P E R i� WWINCTON NC2WH roject Manager �';•'•ESSIp''ti� 919/343 1048 FAX 9191251 8282 bbs pc Dick Hurst Alexis=Fifth =CJ'sg 1492 + SrREET 11�%;�;• ,fit 111111• MAR 12 �99&ate of North Carolina IVtlth;natn.. r DepartmentfoflzEnyieonment, Health, and Natural Resources Wilmington Regional Office James G Martin, Governor IBob Jamieson William W Cobey, Jr, Secretary March 9, 1992 Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Robert Forest Forest Plaza Associates 3020 Remington Drive Wilmington, North Carolina 28405 Subject: Notice of Violation Stormwater Project No.880910 Forest Plaza New Hanover County Dear Mr. Forest: On September 26, 1988, a Certification of Compliance with Stormwater Regulations, Number 880910, was issued to Mr. Chuck Angoff of Forest Plaza Associates for Forest Plaza, located on Northchase Parkway in Wilmington, North Carolina. On November 8, 1990 and again on May 1, 1991, this Office requested via a letter to Mr. Angoff, that a professional engineer, registered in the State of North Carolina, provide a Certificate of Compliance with Stormwater Regulations. As stated in Stormwater Regulations 15A NCAC 2H.1003(k)(1): Upon completion of construction, a registered professional appropriate for the type of stormwater system designed must certify that the system was inspected during construction and was constructed in substantial conformity with plans and specifications reviewed by the Division and complies with the requirements of this rule. On July 12 and December 5, 1991, Regional Office Staff conducted compliance inspections of the subject project's stormwater facilities and found construction completed and the facility occupied. To -date our records indicate that the -Continued- 127 Cardinal Drive Extension, Wilmington N C 28405-3845 • Telephone 919L395 3900 • Fax 919-350-2004 An Equal Opportumry, Affirmative Action Employer Mr. Forest August 2, 1991 Page Two ------------- required Professional Engineer's Certification has not been received. Additionally, the following conditions were observed during the inspections and also establish violations with the Certification: 1. Severe erosion is occurring at the broken edge of a spillway and at other locations on the southeastern pond slopes. 2. The outlet structure and orifice could not be located. Operation of the stormwater system prior to submission of the required certification and the above conditions are violations of 15A NCAC 2H.1003 and are subject to enforcement action pursuant to NCGS 143-215.6, including the assessment of civil penalties. Failure to provide a "plan of action" (which designates the date by which the above items will be permanently corrected and the Engineer's Certification will be received), prior to April 10, 1992 will result in initiation of appropriate enforcement action by this Office. The action may include a recommendation that the Stormwater Certification be revoked and/or a recommendation for the assessment of civil penalties. Please be informed this letter was sent to Mr. Angoff on August 2 and December 9, 1991, and returned to this Office for No Forwarding Address. If you have any questions concerning this matter, please call Ms. Alexis Finn or Mr. Dave Adkins at (919) 395-3900. Sincerely, Unginal Signed BY PRC+TON NOWARG !R A. Preston Howard, Jr., P.E. Regional Supervisor APH/aif:880910.NOV cc: Sky Conklin Ms. Alexis Finn (2) Bill Mills Central Files UNITED STATES POSTAL SERVICE Official Business i 11 11 i F il'ETTEIIILLE to C 283 03 11 PENALTY FOR PRIVATE USE $300 Print your name, address and ZIP Code here DLHNR-Water Quality-AF 127 Cardinal Dr Ext Wilmington, NC 28405 Attn• Cindy i,i'Itlii iiil„11I if fill Ill, Ill if hill' • Complete items 1 and/or 2 for additional services • Complete items 3 and 4a & b • Print your name and address an the reverse of this form so that we can return this card to you • Attach this form to the front of the mailpiece or on the back if space does not permit - • Write Return Receipt Requested on the mailpiece below the article numbs • The Return Receipt Fee will provide you the signature of the person delwert 3 Article Addressed to Mr. Robert Forest .orest Plaza Associates j020 Remington Dr. Wilmington, NC 28405 I also wish to receive the following services (for an extra feel 1 ❑ Addressee's Address 2 ❑ Restricted Delivery 4a Article Number P-813-412-896 4b Service Type ❑ Registered ❑ Insured ® Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7 Date of eli ery -�')-! L and fee is paid) *Us GPO 1991-287-M DOMESTIC RETURN RECEIPT STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES (see fmnl) 1 If you want this receipt postmarked stick the med stub to the right of the return address Ieawng the receipt attached and present thla& 1 h post office sernce mndow or hand it to your rural earner (no extra charge) 2 It you do not warn this receipt postmarked IhOJe gummed stub to the right of the return address of the article date detach and retain tMT—ecelpt @I the article 1 v 3 It you mint a return receipt lwme the certified 0 " mber and your name and address on a return receipt cab Term 3811 and attach it to,ll� from of the article by means of the gummed ends if permits Otherwise afhx�[a�the 66aegqkk of article Endorse front of article RETURN RECEIPT REOUESTE ,aaaaeid to iFi uun bar 4 If you want delivery restricted to the addressee or to an authorized agent of the addressee, endow RESTRICTED DEUVERY on the front of the article LO I Cr, m c 5 Enter fees for the services requested in the appropriate spaces on the from of this receipt If I E return receipt is requested check the applicable blocks in item 1 of Form 3611 6 Save this receipt and present it if you make inquiry nu.S o PO 1"0370.153 a P 813 412 896 Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mall (See Reverse) sent a St 1 & No/� pil C) fi PO 5,tat'e e�q ) Co 3tG� �C/.e.4 1 V1. Peaa Certified Fee Special Delivery Fee Restricted Delver, Fee Return Receipt Showing to Whom 8 Date Delvemd Return Receipt Showing to Whom Data & Address of Delivery TOTAL Postage &Fs Postmark or Date