SW8140102_COMPLIANCE_20160303 (3)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 14 01 OZ
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
20I4 o 0 3
YYYYMMDD

Sampson-Bladen Oil Company, Inc.
February 29, 2016
Ms. Linda Lewis, E.I.
Environmental Engineer III
linda.lewisnncdenr.gov
NCDEQ
Division of Energy, Mineral and Land Resources
Wilmington, NC 28405
Dear Ms. Lewis
Re: Rocky Point SW8 140102
Notice of non-compliance
ECEiVE
MAR 0 3 2016
Bv��/ 6.
Please be advised that 1, as president of Sampson Bladen Oil Company, Inc., do hereby commit to
NCDEQ that Sampson Bladen Oil Company, Inc fully accepts the responsibility for addressing the
maintenance and compliance issues outlined in the attached compliance report dated 2/17/16 and the
letter dated February 18, 2016 addressing that 2/17/16 inspection and resulting non compliance.
With our unqualified acceptance of this responsibility, our pledge to have the deficiencies as outlined
in the attached letters brought up to code prior to our request for a Certificate of Occupancy for the
proposed Little Caesar's building addition, and per your statement as highlighted in yellow, may I
request that you address a letter to the Pender County Planning and Zoning Department, attention to
Mr. Pat O'Mahony, stating the NCDEQ has approved our application to add on the
improvement? Please copy me with this conditional letter of approval. This letter from your
department will allow us to move forward with our Little Caesar's permit drawings' review, which
we think will take 2-3 weeks. During that time, we will have an action plan devised to bring our
BMP up to the applicable standards of NCDEQ. Our contractor, Mr. Bob Brantley of Bunn Brantley
Enterprises, LLC will keep you apprised of the progress of planning and implementation.
I do thank you for taking the time to help us through this process.
With my best regards,
144L- IV\
Haddon M. Clark I1�
P.O. Box 469 • Clinton, NC 28329.Office 1-800-341-9266 • Fax [phone]

Lewis,Linda
From: Lewis,Linda
Sent: Friday, February 26, 2016 9:21 AM
To: 'Bob Brantley'
Subject: RE: ==DENR SCHEDULE NOW===Fwd: Han Dee Hugo - Rocky Point SW8 140102
Mr. Brantley:
We do not have a standard form to do that, however, we can accept a signed letter (original signature) from the new
owners stating that they understand there are compliance issues and that they agree to fix those issues once they
receive the permit.
Please keep in mind that the proposed new owner is SBOC Pender EAT, LLC. Mr. Clark signed the transfer document as
the member/manager of this LLC, however, the NCSOS filing indicates that the sole member/manager of SBOC Pender
EAT, LLC, is Independent Trustees of Virginia, Inc, with Ms. Pamela Faber as the vice president. My letter of February 18,
2016 requested that Mr. Clark provide a letter signed by Ms. Faber (or anyone who is at least a VP in Independent
Trustees of Virginia, Inc.) authorizing him to sign the transfer form on their behalf, or to have Ms. Faber (or anyone who
is at least a VP in Independent Trustees of Virginia, Inc.) to sign the transfer form.
The same would apply to a letter accepting the responsibility of fixing the compliance issues — it must be signed by a VP
or higher in Independent Trustees of Virginia, Inc. or signed by Mr. Clark with a letter of authorization from a VP or
higher in Independent Trustees of Virginia, Inc.
Linda
From: Bob Brantley [mailto:[e-mail])
Sent: Friday, February 26, 2016 7:07 AM
To: Lewis,Linda <[e-mail]>
Subject: RE: ==DENR SCHEDULE NOW===Fwd: Han Dee Hugo - Rocky Point SW8 140102
Thank you, Linda. They push me to permit the new job, and then don't tell me when they get the report. Go figure.
Is there a standard form that you may have that will bind the owners to perform the required repairs and maintenance
prior to the issuance of the CO on the new construction work and at the same time release you to get us the necessary
letter to the Pender County Inspections Department so they can start their building permitting review process. Since
December, they have told me they cannot even take in the construction plans for permit review until they have your
department's approval.
I am in a Catch 22. 1 appreciate anything you can do to guide me out of this merry-go-round. Thanks.
Bob Brantley
President
Bunn Brantley Enterprises, Inc.
389 Instrument Dr.
Rocky Mount, NC 27804
252-977-9111 (office)
252-450-5433 (cell)
252-977-4605 (fax)
bobPbunnbrantley.com

www.bunnbrantley.com
From: Lewis,Linda [mailto:[e-mail]]
Sent: Thursday, February 25, 2016 8:42 AM
To: Bob Brantley
Subject: RE: ==DENR SCHEDULE NOW===Fwd: Han Dee Hugo - Rocky Point SW8 140102
The report and letter were sent out on February 18, 2016. See attached.
Linda
From: Bob Brantley [mailto:[e-mail]]
Sent: Wednesday, February 24, 2016 7:53 PM
To: Lewis,Linda <[e-mail]>
Subject: RE: ==DENR SCHEDULE NOW===Fwd: Han Dee Hugo
Hey Linda:
Rocky Point SW8 140102
Have you had a chance to get the compliance letter together for us? The property owners have indicated they will be
agreeable to taking the responsibility of bringing the BMP into compliance like we discussed some time ago. Please let
me know what I can tell them about the schedule regarding the NCDENR approval so I can get the plans over to Pender
County for building permits. Thank you.
Bob Brantley
President
Bunn Brantley Enterprises, Inc.
389 Instrument Dr.
Rocky Mount, NC 27804
252-977-9111 (office)
252-450-5433 (cell)
252-977-4605 (fax)
bob(@bunnbrantley.com
www.bunnbrantley.com
From: Bob Brantley
Sent: Wednesday, February 17, 2016 5:35 PM
To: 'Lewis,Linda'
Subject: RE: ==DENR SCHEDULE NOW===Fwd: Han Dee Hugo - Rocky Point SW8 140102
Thanks again, Linda.
Bob Brantley
President
Bunn Brantley Enterprises, Inc.
389 Instrument Dr.
Rocky Mount, NC 27804
252-977-9111 (office)
252-450-5433 (cell)
252-977-4605 (fax)
2

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
February 18, 2016
I-laddon Clark, President/CEO
Sampson-Bladen Oil Company, Inc.
PO Box 469
Clinton, NC 28328
Subject: Notice of Inspection — Not Compliant / Request for Additional Information
Han Dee Hugo
State Stormwater Management Permit No. SWS 140102
Pender County
Dear Mr. Clark:
Effective. August 1, 2013, the State Stormwater program was transferred from the Division of Water
Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are
modified. Please note that this letter references DEMLR as the Division responsible for issuance of the
permit.
On February 17, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected Han Dee Hugo, located at 11795 US 17 South in Pender County to
determine the status of compliance with the State Stormwater Management Permit Number SW8 140102
issued on January 10, 2014. DEMLR file review and site inspection revealed that the site is not 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 deficiencies must be resolved:
1. Address the potential offsite drainage entering the ditch on the west side of the project. The ditch
which conveys the offsite drainage away from the project and the swale behind the curb line
which conveys a portion of the onsite drainage into the permitted BMP need to be 2 separate
things.
2. Some of the runoff on the south side of the project is not being collected and sent to the BMP.
The swale on the south side does not drain into the wetland as it is permitted to do, which allows
runoff to bypass the system untreated.
3. The wetland is in need of maintenance: a) The required amount of wetlands plants must be
provided; b) the bare areas and slopes of the wetland need to be stabilized; c) the orifice needs to
be checked and cleared; and d) the accumulated trash in and around the wetland needs to be
removed.
Please be advised that until your request to transfer the permit is approved by the Division, you are
required to comply with the terms, conditions and limitations of the Stormwater Management Permit
under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-
214.7, including the operation and maintenance of the permitted Stormwater system.
State of North Carolina I Environmental Quality I Energy, Minemi end Land Resources
127 Cardinal Drive Extension I Wihnington, NC 28405
910 796 7215 T 1 910 350 2004 F I htm'// rtal W el eb/Ir/

State StormwaterPermit No. SW8 140102
Page 2 of 2
On December 17, 2015, the Division received your request to transfer the permit to the new owner. A
preliminary in-depth review of that information has determined that the application is not complete. The
following information is needed to continue the stormwater review:
1. 02K 1003(e)(1) — In the case of a corporation (Inc. or LLQ, the application must be signed by a
principal executive officer of at least the level of vice president.
The NC Secretary of State indicates that the sole member and manager of SBOC Pender EAT, LLC is
Independent Trustees of Virginia, Inc. In that case, the only person who can sign the transfer form on
behalf of the "Proposed Permittee" is someone of at least the level of vice-president in Independent
Trustees of Virginia, Inc., such as Ms. Pamela J. Faber. If you are a vice-president in Independent
Trustees of Virginia, Inc., or if you have signature authorization, then please submit the necessary
documentation in order to accept your signature on behalf of the proposed permittee. Otherwise, Ms.
Faber will need to sign the transfer form.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, by March 18, 2016, are considered violations of the
permit. If the requested information is not submitted to this office by the due date, then DEMLR staff
will re -inspect the site and may issue a Notice of Violation. Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the stormwater
rules is subject to enforcement action as set forth in NCGS 143 Article 21, including the assessment of
civil penalties of up to $25,000 per day.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796-7215 or via email at linda.lewisnnedenr.eov.
Sincerely,
Linda Lewis, E.I.
Environmental Engineer III
Eric: Compliance Inspection Report
/ t GDS\arl: \\\Stormwater\Permits & Projects\2014\140102 HD\2016 02 CEI_deficient 140102
cc: Dave Newsom, P.E., Crystal Coast Engineering
Independent Trustees of Virginia, Inc. Pamela J. Faber, VP
(One Columbus Center, Ste 400 Virginia Beach, VA 23462)
Pender County Planning Department
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215 T 1 9103502004 F I htro.//voml,ncdenr.orn/web/Ir/

Compliance Inspection Report
Permit: SW8140102 Effective: 01/10/14
Project: Han Dee Hugo Rocky Point
Owner: Sampson Bladen Oil Company Inc
County: Pander
Region: Wilmington
Contact Person: Haddon Clark
Directions to Project:
At intersection of Hwy. 177 & Hwy. 133.
Type of Project: State Stormwater - HD - Wetlands
Drain Areas: 1 -
On -Site Representalivejsj:
Related Permits:
Inspection Date: 02/17/2016
Primary Inspector: Alida R Lewis
Secondary Inspectorjsj:
Expiration: 01/10/22
Adress: 11795 US Hwy l l7 S
City/StatelZip: Rocky Point NC 28457
Title: President Phone: [phone]
Entry Time: 02:30PM
Reason for Inspection: Other
Permit inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 02:55PM
Phone: [phone]
Inspection Type: Transfer Renewal
page: 1

Permit: SW8140102 Owner - Project: Sampson Bladen Oil Company Inc
Inspection Date: 02/17/2016 Inspection Type Transfer Renewal Reason for Visit: Other
Inspection Summary:
The site was inspected in order to detemine the status of compliance prior to transferring the permit to a new owner. The
new owner also proposes to slightly modify the approved plan for a different restaurant use from Subway to Little
Ceasars. the following compliance issues were observed:
1. There is potential offsite drainage area contributing runoff to the constructed wetland that was not originally accounted
for in the design.
2. Some of the runoff from the built -upon area is not being collected and sent to the permitted BMP. It is bypassing.
3. The wetland is in need of maintenance.
To address these issues, please provide / perform the following:
1. Reconstruct the ditch behind the curb line to keep out any offsite drainage
2. Regrade the Swale on the south side to drain into the wetland. Shore up the area behind the flume which is closest to
NC 133, to assure that the runoff stays in the Swale and is not bypassing into the ditch.
3. Perform the necessary maintenance, including:
a. Install the required wetlands plants per the approved planting plan.
b. Repair the bare areas and stabilize the berms and slopes.
c. Check that the orifice is not clogged.
d. Remove the accumulating trash in and around the BMP.
page. 2

r
1
Permit: SW8140102 Owner -Project: Sampson Blatlen Oil Company Inc
Inspection Data: 02/17/2016 Inspection Type Transfer Renewal Reason for Visit: Other
File Review Yes No NA NE
Is the permit active? ® ❑ ❑ ❑
Signed copy of the Engineers certification is in the file?
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
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?
Yes No NA NE
■❑❑❑
Comment: 1. There is a Swale araded behind the curbino along the west property line. This Swale is intended to
accept runoff from the BUA on the site via 2 flumes and direct it into the constructed wetlands However,
the contours suggest that offsite runoff is also entering that swale from the undeveloped subdivision lot
29 in Hunter Hills to the west and is being directed to the permitted BMP. The application submitted in
January 2014 did not provide for any offsite drainage area.
2 The runoff from the paved area on the south side is supposed to be collected in a Swale which
transports it to the constructed wetland The Swale does not enter the wetland - it veers south along the
fence line and empties into the outlet ditch for the wetland.
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Yes No NA NE
❑ ®❑❑
Are the outlet structures located per the approved plans? ® ❑ ❑ ❑
Comment: 3 It does not appear that the wetland has any wetland plants. There appears to be a lot of dead grass.
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 ❑ ❑ ❑
DWO upon request?
Comment: 4 The trash within the fence line and floating in the wetlands needs to be removed.
5. The bermed areas are bare and in need of permanent stabilization..
6 The orifice may be clogged. Our area received a near -design storm rain event on February 16 2016
however, there was no water entering the outlet structure and none leaving it.
page: 3

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
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