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HomeMy WebLinkAboutSW8080128_HISTORICAL FILE_20230328 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS X HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE tiU23 032F� YYYYMMDD Freeman, Aisia L From: Matthew Trottier <mtrottier@apexoil.com> Sent: Tuesday, March 28, 2023 10:01 AM To: Freeman, Aisia L Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128 Attachments: SW8 080128_3.28.2023 Rev2.pdf; North Carolina Secretary of State Search Results.pdf CAUTION: External email. Do not click links oropen attachments unless you verify.Send all suspicious email as an attachment to Report Spam. See attached revised page 1 and NC SOS for PF&T also listing Chris Schmitt as CFO. (PF&T is a wholly owned subsidiary of Apex Oil). Thanks Matt Trottier a. 314-889-9654 c. 618-719-4581 From: Freeman, Aisia L<aisia.freeman@ncdenr.gov> Sent: Monday, March 27, 2023 3:11 PM To: Matthew Trottier<mtrottier@apexoil.com> Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128 Hi Matt, Sorry for the delay in response, after my supervisor's response, this is the route that needs to happen! 15A NCACO2H.1045(3)(a)(ii): The current permit holder is Petroleum Fuel &Terminal Company, however Section I11.1.o of the application lists the applicant as Apex Oil Company, Inc. Only the current permit holder may renew the permit. If there is a new responsible party, the permit will also need to be transferred. Please update Section Ill.l.a of the application to list the current permit holder. Since Christopher is listed on the NCSOS and the mailing address is the same for both. I believe an updated page 1 with the current permit holder (petroleum fuel) being listed should be sufficient and you can email that to me. If a transfer is needed, I can email you the transfer application. Thanks! Aisia Freeman (she/her/hers) Stormwater Permit Renewal Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7326 aisia.freeman(aDncdenr.eov t NOR;H CAROLINAD_E Q Oepar ent of Emimnmental Ouallty Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Freeman, Aisia L Sent: Monday, March 27, 2023 4:11 PM' To: Freeman, Aisia L<aisia.freeman@ncdenr.gov> Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128 Hi Matt, Sorry for the delay in response, after my supervisor's response, this is the route that needs to happen! 15ANCACO2H.1045(3)(c)(ii): The current permit holder is Petroleum Fuel &Terminal Company, however Sectionlll.l.a of the application lists the applicant as Apex Oil Company, Inc. Only the current permit holder may renew the permit. If there is anew responsible party, the permit will also need to be transferred. Please update Section Ill.l.a of the application to list the current permit holder. Since Christopher is listed on the NCSOS and the mailing address is the same for both. I believe an updated page 1 with the current permit holder (petroleum fuel) being listed should be sufficient and you can email that to me. If a transfer is needed, I can email you the transfer application. Thanks! Aisia Freeman (she/her/hers) Stormwater Permit Renewal Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7326 aisia.freema n @ ncdenr.gov NORTH CAROLINAREQz'z' Oefxo nertl of Envlrenmonfal Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Freeman, Aisia L Sent: Monday, March 27, 2023 12:02 PM To: Matthew Trottier<mtrottier@apexoil.com> Subject: RE: [External] RE: Request for Additional Information for Permit SW8080128 2 Hi Matt, I had forwarded the message to my boss last week just to confirm this was fine. I will double check with her response today. Thanks! Aisia Freeman (she/her/hers) Stormwater Permit Renewal Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7326 aisia.freeman@ncdenr.gov NonrH��na�ND_E Qzz> Oelr Menf of Environmental Qu Illy Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Matthew Trottier<mtrottier@apexoil.com> Sent: Monday, March 27, 2023 9:33 AM To: Freeman, Aisia L<aisia.freeman@ncdenr.Rov> Subject: [External] RE: Request for Additional Information for Permit SW8080128 (CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Ms. Freeman, Following up on the below email and our phone conversation on 3/21/2023. Thanks, Matt Trottier Apex Oil Company, Inc. mtrottier@apexoil.com a. 314-889-9654 c. 618-719-4581 From: Matthew Trottier Sent: Monday, March 20, 2023 4:44 PM To: aisia.freeman@ncdenr.Rov Subject: RE: Request for Additional Information for Permit SW8080128 Ms. Freeman, Addressing the two concerns: 3 1) Chris Schmitt is the CFO of the company—an executive officer higher than the level of vice-president. The renewal application states#2.a. "Corporation—a principal executive officer of at least the level of vice- president." a. Please let me know if this interpretation is incorrect. 2) 1 believe that the permit was issued to Apex Oil Company, Inc. The facility is owned by Petroleum Fuel & Terminal Company and operated by Apex Oil Company, Inc. Petroleum Fuel &Terminal Company is a wholly owned subsidiary of Apex Oil Company, Inc. a. The renewal package contained the NC SOS printed page for Apex Oil Company, Inc. Please let me know how we should proceed. Thanks Matt Trottier Apex Oil Company, Inc. mtrottier@al)exoil.com o. 314-889-9654 c. 618-719-4581 From: Chris Schmitt<cschmitt@apexoil.com> Sent: Wednesday, March 15, 2023 11:20 AM To: Matthew Trottier<mtrottier@apexoil.com> Subject: FW: Request for Additional Information for Permit SW8080128 I think this was meant for you. Chris Schmitt Apex Oil Company, Inc. 8235 Forsyth Blvd., Suite 400 Clayton, Missouri 63105 Office Phone: (314) 854-8531 Mobile Phone: (870) 307-4753 From: Freeman, Aisia L<aisia.freemanCalncdenr.Rov> Sent: Wednesday, March 15, 2023 11:11 AM To: Chris Schmitt<cschmittCdapexoil.com> Subject: Request for Additional Information for Permit SW8080128 All, Attached is a pdf of the request for additional information for the subject project. There are just a few administrative items that need to be addressed. Please let me know if you have any questions or concerns. Thanks! Aisia Freeman (she/her/hers) Stormwater Permit Renewal Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7326 aisia.freeman P ncdenr.gov 4 NORTH CAROLINAD_E Q�� eeparhnanl 01 Envirorunental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. CAUTION:This email originated from outside the organization.Do not click links or open attachments unless you recognize the sender and know the content is safe. This e-mail message,along with any attachment, is confidential. It is intended only for the named recipient(s)above and may contain proprietary and privileged information. If you are not the intended recipient(s),or you received this communication in error,you may not forward, print,copy,distribute,or use any part of this e-mail.You should promptly notify the sender of the delivery error by return e-mail and delete this e-mail, along with any attachment, from your system. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and sender shall have no responsibility for any loss or damage arising in any way from its use. CAUTION:This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. This e-mail message, along with any attachment, is confidential. It is intended only for the named recipient(s)above and may contain proprietary and privileged information. If you are not the intended recipient(s),or you received this communication in error,you may not forward,print,copy,distribute,or use any part of this e-mail.You should promptly notify the sender of the delivery error by return e-mail and delete this e-mail,along with any attachment, from your system. Although this email and any attachments are believed to be free of any virus or other defect that may affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and sender shall have no responsibility for any loss or damage arising in any way from its use. 5 Freeman, Aisia L From: Freeman, Aisia L Sent: Monday, March 13, 2023 2:52 PM To: linda@cornerstonewilmington.com Subject: FW: Request for Additional Information for Stormwater Permit SW8000720 Attachments: 2023 02 addinfo 000720.pdf Hi Linda! I have received the package with the requested additional information although being listed as the registered agent isn't ,sufficient. The permit needs to be signed by the president or vice-president of the corporation. Or, a letter of signature authority would need to be submitted by the president or vice-president. I have attached a copy of the additional information request,where it includes language about what is sufficient for the signing official. If you have any questions, please let me know! Thanks! Aisia Freeman (she/her/hers) Stormwater Permit Renewal Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7326 aisia.freeman@ncdenr.gov NORTH GAROLINAD E Qz� Oopai of of EnimnmeMal Ouallty Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Freeman,Aisia L Sent: Friday, February 24, 2023 9:53 AM To: lindo@cornerstonewilmington.com Subject: Request for Additional Information for Stormwater Permit SW8000720 All, Attached is a pdf of the request for additional information for the subject project. There are just a few administrative items that need to be addressed. Please let me know if you have any questions or concerns. Thanks! Aisia Freeman (she/her/hers) t Stormwater Permit Renewal specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7326 aisia.freeman@ncdenr.gov 0R;IHCHROLWAMEQ - De" enr of Environmental Ooa`1 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. z ROY COOPER Governor � , ELIZABETH,S.BISER *41, Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Envtronn entaf Quality March 15, 2023 Via email only: cschmittCaapexod.com Petroleum Fuel & Terminal Company, Apex Oil Company, Inc. Attn: Christopher Schmitt 8235 Forsyth Blvd., Ste 400 Clayton, MO 63105 Subject: Request for Additional Information Stormwater Project No. SW8 080128 Apex Oil Tank Expansion New Hanover County Dear Mr. Schmitt: The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit Renewal Application for the subject project on March 6, 2023. A preliminary in-depth review of that information has determined that the application is not complete, and that additional information is needed. To continue the review, please provide the following additional information in a single, hard copy submittal package: Permit Renewal Process: I. 15A NCAC 02H.1040(1)(a)and .1045(3)(a)(ii): The application was signed by Christopher Schmitt; however the provided documentation from the NC Secretary of State does not identify Mr. Schmitt as a president or vice-president of this corporation. In the case of a limited liability corporation (LLC), the application must be signed by a manager or company official as defined in GS 57D. Please either: a. Provide official documentation showing that Mr. Schmitt is a President or Vice- President and authorized to sign for the corporation. b. Have one of the identified president or vice-president of the corporation sign the application documents; or c. The signature by other agents shall be accepted on the application only if accompanied by a letter of authorization signed by the appropriate authority. Provide a letter of authorization from one of the identified president or vice-president of this corporation authorizing Mr. Schmit to sign on their behalf. 2. 15A NCAC 02H.1045(3)(a)(ii) or(iii): Please confirm the following: a. Section 111.1.a of the application lists the applicant as Apex Oil Company, Inc.. However, a review of the North Carolina Secretary of State's (NC SOS) corporation database found Petroleum Fuel and Terminal Company. Please confirm that the applicant listed on the application is consistent with the NC SOS's corporation database. Please remember to confirm that any revised information is presented consistently throughout the application documents. Please also remember to provide a hard copy of any updated documents per 15A NCAC 02H.1045(3). The requested information should be received in this Office by April 15th,2023 in accordance with 15A NCAC 02H.I 045(4)(a)(i). Please note that only two letters requesting additional information is allowed in the State Stormwater Program, this being the first. If the required information is not satisfactorily provided by this date, the project will be returned in accordance with 15A NCAC 02H.1045(4)(a)(ii). If the project is returned and you wish to re-submit later, you will need to resubmit all required items at that time, including the application fee. Please reference the State assigned application number on all correspondence. If you have any questions concerning this matter, please feel free to call me at(910) 796-7215 or email me at Aisia.freeman@ncdenr.gov. rrnm 10"Ift rn olk North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources ./ Wilmington Regional Ofnce 1 127 Cardinal Drive Extension I Wilmington,North Carolina 2&405 910.796.7215 State Stormwater Permit No. SW8 080128 Page 2 of 2 Sincerely, 441:t �ieeHraa Aisia Freeman Renewal Specialist DES/af: \\\Stormwater\Permits & Projects\2008\080128 FID\2023 03 addinfo 080128 cc: Wilmington Regional Office Stormwater File Ron�1� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 noam cenurw. jr 910.796.7215 Freeman, Aisia L From: Freeman, Aisia L Sent: Wednesday, March 15, 2023 12:11 PM To: cschmitt@apexoil.com Subject: Request for Additional Information for Permit SW8080128 Attachments: 2023 03 addinfo 080128.pdf All, Attached is a pdf of the request for additional information for the subject project. There are just a few administrative items that need to be addressed. Please let me know if you have any questions or concerns. Thanks! Aisia Freeman (she/her/hers) Stormwater Permit Renewal specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Office: (910)796-7215 1 Direct: (910)796-7326 aisia.freeman@ncdenr.gov NO CAROUN M E Qz:> OeparMent of Environmental oaalily Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Business Corporation Legal Name Petroleum Fuel and Terminal Company Information Sosld: 0112444 Status: Current-Active O Date Formed: 8/9/1978 Citizenship: Foreign State of Incorporation: MO Fiscal. Month: December Annual. Report Due Date: April 15th Currentgnnual. Report Status: Registered Agent: CT Corporation System Addresses Reg Office Reg Mailing Mailing 160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 8235 Forsyth Blvd, Suite 400 Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 Clayton, MO 63105 Principal Office 8235 Forsyth Blvd, Suite 400 Clayton, MO 63105 Officers President Secretary Assistant Secretary Jonathan Q. Affleck Karon M Burns Eddie Evans 8235 Forsyth Blvd Suite 400 8235 Forsyth Blvd 8235 Forsyth Boulevard, Suite 400 St. Louis MO 63105 Clayton MO 63105 Clayton MO 63105-1623 Treasurer Vice President GChief-Fina ccial-0fficer�:3 Christine Hughes Bill Ransom �GFristophaJ-Schmitt 8235 Forsyth Blvd 8235 Forsyth Blvd Suite 400 8235 Forsyth Boulevard, Suite 400 Clayton MO 63105 St. Louis MO 63105 Clayton MO 63105-1623 Stock Class: 99 SEE CERT Shares: 0 Par Value 0 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Business Corporation Legal Name Apex Oil Company, Inc. Information Sosld: 0266409 Status: Current-Active O Date Formed: 3/28/1990 Citizenship: Foreign State of Incorporation: MO Fiscal Month: December Annual Report Due Date: April 15th Currentgnnual Report Status: Registered Agent: CT Corporation System Addresses Reg Office Reg Maiting Mailing 160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 8235 Forsyth Blvd., Ste. 400 Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 St. Louis, MO 63105 Principat Office 8235 Forsyth Blvd., Ste. 400 St. Louis, MO 63105 Officers Secretary Treasurer Chief Executive Officer Karon M Burns Stacey M. Erkman P. A. Novelly , II 8235 Forsyth Blvd., Ste. 400 8235 Forsyth Blvd., Ste. 400 8235 Forsyth Blvd., Ste. 400 St. Louis MO 63105 St. Louis MO 63105 St. Louis MO 63105 Chief Financial Officer President Christopher J Schmitt Timothy J. Duehren 8235 Forsyth Blvd., Ste. 400 8235 Forsyth Blvd., Ste. 400 St. Louis MO 63105 St. Louis MO 63105 Stock Class: COMMON Shares: 3000 Par Value 1 Burd, Tina J From: Burd, Tina J Sent: Thursday, March 9, 2023 1:23 PM To: cschmitt@apexoil.com Cc: Freeman, Aisia L Subject: SW8 080128 - Apex Oil Tank Expansion The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on March 6, 2023. The project has been assigned to Aisia Freeman (cc'd) and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Website: http://deg.nc.goy/about/divisions/energy-mineral-land-resources/stormwater Many employees are working remotely or are on staggered shifts. Please check with the appropriate staff before visiting our offices, as they may be able to handle your requests by phone or email. 1 Non-Transfer Applica 'on Corn leten ss hecklist Project Name: 4DXDate Delivered to WIRO: Project County/Locatio BIMS Received/Accepted Date: Date Given to Admin: Permit Action: New New Permit p': BIMS Acknowledged Date': v r;L 3 Not located in the ETJ of the following delegated and functioning programs: NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach ) Bruns: Leland/Navassa(?)/Oak Island „/ Cart: Emerald Isle Ons, nville Pend: Surf City l]l�/\J/' ajor M / Minor M d Renewal Existing Permit N: 0(4uR, pplicant&Permittee are the same?a Expiration Date°: Permit Type: H LD/LD Overall/HD&LD Combo Gene - /Offsite/Exempt + Redevelopment FlOffsite to SWB: Development Typ Oman /Residential er �Is Offsite Lot approved in Master Permit?s Subdivided?: Subdivision mgle Lot Rule(s): E-12017 Coastal FT008 Coastal 1995 Coastal Phase It Universal 1:11988 Coastal P rmitte pe&Documents Needed: �erty Owner(s) =Purchaser Lessee =HOA =Developer =V. le? =Viable? =Viable? =Viable? =Viable? ,234e4d =Purchase Agmt =Lease =Election Minutes *Papek /cation (/$SOS(within 6mp) Check#(s): I4* ONo Fee ❑Supplement)(1 new form or for older forms:1 original per SCM) �O&M2 Soils Report(Infil or PP) Calculations(signed/sealed) / Deed Restrictions,if subdivided Project Narrative . FTSGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N Plans(2 Sets) NOTES: Enter BIMS Acknowledged Date on this Sheet 2For New Projects-Enter New Permit H on Supplements&Deed Restriction Templates. e If permittee is different,STOP. Needs to be transferred first. °If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first. slf Lot not approved in master permit,STOP. Master permit needs mod. EMAILED ENGINEER DATE: A / Comments: REVIEWER NAME: a/ G:\\\Reference Libra ry\Procedures\Checklists\Completeness Review Checklist 20210908 �ya YSTni£v ROY COOPER Governor ELIZABETH,S.BISER Secretary DOUGLAS R.ANSEL NORTH CAROLINA interim D*e mr, Environmental Quality Monday,February 6, 2023 Petroleum Fuel and Terminal Company Attn: Jonathan Q. Affleck,President 8235 Forsyth Blvd., Ste. 400 Clayton, MO 63105-1623 Subject: Stormwater Permit Renewal Request Post-Construction Stormwater Management Permit No. SW8 080128 Apex Oil Tank Expansion New Hanover County Dear Mr. Affleck: Post-Construction Stormwater Management Permit SW8 080128 for the subject project expired on 12/30/2021. This is a reminder that permit renewal applications are due 180 days prior to their expiration per I5A NCAC 2H.1045(3).North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. More information about the Post-Construction State Stormwater Program can be found on the following website: deq.nc.,ov/SW Please submit a complete permit renewal form along with a$505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found tinder the Post-Construction section of this website or at: littps•//deq nc uov/about/divisions/energy-mineral-and-land-resources/storrnwater/stoniiwater-program/post- construction-2. A review of the North Carolina Secretary of State corporation's database revealed that this corporation has a new address and new point of contact. Please submit a completed Permit Information Update Form to correct your contact information which is available on the website provided above under the "New Permits & Permit Modifications" section. If you have any questions regarding this matter, please contact Ashley Smith or Aisia Freeman in the Wilmington Regional Office either via email (ashleym.sntith ncdenr.gov or aisia.freeman(a�ncdenr.,ov) or phone at(910) 796-7215. Sincerely, ) ( Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources DES/mgb: %StormwaterTermits&Projects\2008\080128 HD\2023 02 rect ren 080128 cc: CT Corporation System,Registered Agent;160 Mine Lake Ct.,Ste. 200;Raleigh,NC 27615-6417 Wilmington Regional Office Stormwater File ®� Z North Carolina Department of Environmental Quality I Division of Energy,Mineral and land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 26405 rwmHa uun ao.mravwoamio.w�. /'� 910.796,7215 Casmer, Jo From: Carrie Cranwill <carrie.cranwill@mcgillengineers.com> Sent: Tuesday, November 24, 2015 2:23 PM To: Casmer, Jo 1� Subject: RE: Apex Oil Tank Expansion (/1 Thank you! h Carrie Cranwill, RLA, El V Planner j McGill Associates, P.A. 12401916 Street Lane NW I Hickory, NC 28601 Phone: 828.328.2024 1 Fax: 828.328.3870 Email: carrie.cranwill@mcgilleneineers.com I Website: www.mcgillengineers.com From:Casmer,Jo[mailto:jo.casmer@ncdenr.gov] Sent:Tuesday, November 24, 2015 2:22 PM To:Carrie Cranwill<carrie.cranwill@mcgillengineers.com> Subject:Apex Oil Tank Expansion Copy of permit as requested. Jo Casmer Administrative Assistant for DEMLR/Stonnwater Section North Carolina Department of Environmental Quality Department of Environmental Assistance & Customer Service 910 796-7336 office 910 350-2004 fax io.casmer@ nodenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 -^/Nlothtng Compares--,.,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 ee ❑USPS ❑UPS ❑Overnight ANDERSON a ASSOCIATES, INC. LETTER O F TRANSMITTAL PROFESSIONAL DESIGN SERVICES 406 GALLIMORE DAIRY ROAD.,GREENSBORO, NC 27409 Phone 336-931-0910 FAX 336-931-0990 DATE 02/15/2011 JOB No. 25692 TO: NCDENR ATTENTION Kelly Johnson Division of Water Quality Apex Oil Tank Expansion 127 Cardinal Dr. Extension Wilmington, NC 28405 Phone#910-796-7215 We are sending you ®Attached ❑Under separate cover via the following items: ❑Shop drawings ❑Prints ❑Plans ❑Samples ❑Specifications ❑Copy of Letter ❑Change Order ❑ Copies Date No. Description 1 2-10-2011 25692 Designer's Certification I BY: THESE ARE TRANSMITTED as checked below ❑For approval ❑Approved as submitted ❑Resubmit_copies for approval ®For your use ❑Approved as noted []Submit_copies for distribution []As requested ❑Returned for corrections ❑Return_corrected prints ❑For review and comment ❑ ❑For Bids Due [-]Prints returned after loan to us Remarks Please call Carrie Cranwill at 800-438-0394 should you have any questions. Copy to file Signedl1 Johnson, Kelly From: Johnson, Kelly Sent: Monday, January 03, 2011 2:32 PM To: 'cranwill@andassoc.com' Cc: Angel Hammers Subject: Apex Oil, SW8 080128 Carrie, We received the Designer's Certification for this project, and I have a few questions for you about the notes included. Note Item #2: We will either need a plan revision or a permit modification for this project. A Plan Revision (which is a pretty simple process) would be warranted if there is no change to the permit text (such as the drainage area,the impervious area, or the surface area of the bottom of the basin). For instance, if you were permitted for a single 10,000sf building and you decided you wanted to build two S,OOOsf buildings then that is just moving impervious area around, and that would be a Plan Revision. In that same example, if you were permitted for a 10,000sf building and you wanted to build a 10,500sf building then you would have to get a permit modification because you have increased the impervious area beyond what had been permitted previously. Instructions for both processes are available on our website, http:/Iportal.ncdenr.org/web/wq/ws/su/statesw/forms docs. For a Plan Revision,you essentially need to fill out a form and send in two sets of plans showing the new layout. For a Permit Modification,you need to send in a complete application package as if it were a new project. Here are some things to consider in determining which one is needed: 1.) Pad: Where is the 31x16' (496sf) pad that has been added? There are two drainage areas for this project. DA1 is permitted to be 100% impervious. DA2 is permitted to have 62,711sf of impervious on its 159,547sf drainage area. If the new pad is in DA2, is the 496sf included in the 62,711sf or is it in excess of 62,711sf? If it is included �ry in the 62,711sf then that is a Plan Revision. If the impervious area in DA2 is over 62,711 then you need a permit modification. If the new pad is in DA1, then the impervious could not have increased from what is permitted sir and so we would just need a plan revision. v�� 2.) Basin Size: Infiltration Basin #2 is permitted to have a 5,038sf bottom surface area and it was built bigger thane` what we required, 6,329sf. That is fine because you are essentially doing"more" than what you are required to&,\"—) do. Please make sure to show the as-built dimensions in your Plan Revision or Permit Modification. 3.) Drainage Areas: If the drainage area to either basin changed (either increase or decrease)then you will need to submit for a permit modification. 4.) "Gravel Stabilization": I do not work with these facilities very often, so I do not know what that is. But if the 15,880sf is impervious,then it needs to be considered in the Plan Revision v/s Permit Modification decision. Note Item #3: Since the impervious is draining as shown on the approved plans, it sounds like this should be fine. But, if impervious has been added it needs to be included in a drainage area and treated in an infiltration basin. Note Item #8: It sounds like this says that you have added grass to an area that wasn't specified to be grassed in the permitted plans. If so, then that is fine. Just show what is actually built on the plan revision or permit modification. Please let me know if you plan to submit a Plan Revision or a Permit Modification. Thanks, Kelly *** My email has changed to kellv.p.iohnson cDncdenr.eov 1 KeUd_)Oki vusovu Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. z State Stormwater Management Systems Permit No SW8080128 Apex I Tank Expansion Storrriwafta,r Permit No. SW8 080128 New Hanoyac Count Designer's Certi ation I, V as a duly re/observe (periodically/ EE/lin the State of North Carolina, ving been authoeekly/ full time) the construction of th project, X 0!L �V9nl/f �C /4/JS/ (Project) for C vin r.& PAv Y(Project Owner) hereby state that, to the best of my abilities, due care and d gen a was used in the observation of the project construction such that the constr lion wa observed to be built within substantial compliance and intent of the ap oved plan and specifications. The checklist of items on pag 2 of this form is cluded in the Certification. Noted deviations from app ved plans and specifi tion: SEAL Signature \\\\ \\Nt CAR Registrati umber UD��/� o� o� ESSiC•�Z�; Date _//— / — %U :a� S v•v 0074 L6 r: _ �CINEF 'S AJ NOV 17 Y010 BY: Page 6 of 7 . Lu IIWOrci rviaiIaye f ern Jys[emS Permit No. SW8080128' 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. it- 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. &L5. The outlet / bypass structure weir elevation is per the approved plan. ✓ 6. The outlet / bypass structure is located per the approved plans. NIA 7. A Trash Rack is provided on the outlet / bypass structure. 8. All slopes are grassed with permanent vegetation. ✓ 9. Vegetated slopes are no steeper than 3:1 . ✓ 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. ✓ 11. The permitted amounts of surface area and/or volume have been provided. 12. All required design depths are provided. ✓ 13. All required parts of the system are provided. 14. The required system dimensions are provided per the,approved.plans. ✓ 15. All components of the stormwater BMP are located in either recorded common areas or recorded easements. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections y /� " Page 7 of 7 NCDENR Certification Comments Note Item #2, Changes to Built Upon Area: A concrete pump pad approximately 31.0' by 16.0' was added to the impervious surface on site. Also the containment dike slopes cover a larger area on the asbuilt than in the design drawings, this change increases the gravel stabilization by approximately 15,880.00 sf. Due to the calculations being based on a volume of rainfall of the overall drainage and not a runoff coefficient, the infiltration area square footage was not affected. Original calculations called for 2,430.38 sf, the design drawings called for 5,037.70 sf and the asbuilt shows an infiltration area of 6,329.0 sf. Note Item #3: All built upon area is draining as shown on the approved plans. Portions of the entrance drive and the back side of the dikes do not drain to the infiltration area. These areas were never shown to drain to the system infiltration areas. Note Item #8: Slopes are either stabilized with gravel as shown on the approved plans or vegetation. The dikes are stabilized with gravel as shown on the approved plans, due to NFPA fire hazard concerns. One portion of the infiltration area for Drainage area #1 that is technically outside of the diked area is grassed even though it was shown without vegetation on the approved plans. ee ❑LISPS ❑UPS [-]overnight ANDERSON a ASSOCIATES, INC. LETTER OF TRANSMITTAL PROFESSIONAL DESIGN SERVICES 406 GALLIMORE DAIRY ROAD.,GREENSBORO, NC 27409 Phone 336-931-0910 FAX 336-931-0990 DATE 11/16/2010 JOB No 25692 TO: NCDENR Kt Division of Water Quality Apex Oil Tank Expansion 127 Cardinal Dr. Extension Wilmington NC 28405 Phone# 910-796-7215 We are sending you ❑Attached ❑Under separate cover via the following items: ❑Shop drawings ❑Prints []Plans ❑Samples []Specifications ❑Copy of Letter ❑Change Order ❑ Copies Date No. Description 1 Designees Certification !ti V � � JO THESE ARE TRANSMITTED as checked below ❑For approval ❑Approved as submitted ❑Resubmit_copies for approval ®For your use ❑Approved as noted ❑Submit_copies for distribution [:]As requested ❑Returned for corrections ❑Return_corrected prints ❑For review and comment ❑ ❑For Bids Due ❑Prints returned after loan to us Remarks Please call Carrie Cranwill at 800-438-0394 should you have any questions. Copy to file Signed A - (Y-Ll Yam. J Cty Y NEW HANOVER COUNTY Engineering Department Beth E.Wetherill,C.P.E.S.C. 230 Government Center Drive • Suite 160 �d Soil Erosion Specialist Wilmington, North Carolina 28403 \. < TELEPHONE(910)-798-7139 Fax (910)798-7051 7 ip � ' cErVED MAR 10 ?O10 March 4, 2010 John Joyner �J 3314 River Road, Wrightsville Beach, North Carolina 28412 CERTIFIED RE: Notice of Violation of Land Disturbing Activity Grading Permit Numer: 4-08, Apex Oil Location/Description of Violation(s): This project has failed to conduct activity in accordance with the approved plan by doing land disturbing activity outside the limits of disturbance prior to submittal and approval of plan revisions at 3329 River Road. Dear Mr. John Joyner: This letter constitutes a Notice of Violation of Section(s) 23-237 (4), Section 23- 248 (i), Section 23-248 0) and Section 23-250 (b) of the New Hanover County's Soil Erosion and Sedimentation Control Ordinance. Please refer to Section(s), Section 23- 251 (a) (1), Section 23-251 (a) (2), Section 23-251(b), Section, 23-252 (a) and Section 23-252 (b) for penalties and the Corrective Measure(s) Needed and Time to Comply section of this Notice of Violation for your deadline to comply. Section 23-237 Mandatory standards for land disturbing activity No land disturbing activity subject to the control of this Article shall be undertaken except in accordance with the following mandatory standards: (4) Prior plan approval. No person shall initiate any land disturbing activity that will disturb more than one acre on a tract unless 30 or more days prior to initiating the activity, an erosion and sedimentation control Plan must be both filed with and approved by the county. Once a plan has been approved, the land disturbing activity must be conducted in accordance with the plan and permit conditions. The county shall forward to the Director of the Division of Water Quality a copy of each erosion and sedimentation control plan for a land disturbing activity that involves the utilization of ditches for the purpose of dewatering or lowering the water table of the tract. Section 23-248 Erosion and sedimentation control plans (i) Applications for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the county, the land disturbing activity shall not.proceed+except in accordance with the erosion control plan as orig nallygaoproved. (j) Any`person-engaged in land disturbing activity who fails to file a Plan in accordance with the Ordinance or who conducts a land disturbing activity except in accordance with provisions of'an approved Plan and/or the permit conditions shall be deemed in violation of this article. Section 23-250 Inspections and investigations (b) If through inspection it is determined that a person engaged in land disturbing activity has failed to comply with the Act, this Ordinance, or;rules or orders adopted or issued pursuant to this Ordinance, or has failed to comply w;th an approved Plan or permit conditions, a notice of violation shall be served upon that person by registered or certified mail or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the Plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in additional civil and criminal penalties for a continuing violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land disturbing activity fails to comply within the time specified, enforcement action shall be initiated. Section 23-251 Penalties (a) Civil penalties. (1) Any person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or order adopted or issued pursuant to this Ordinance or the Act by the commission, or who initiates or continues a land disturbing activity for which an erosion control Plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty. The maximum civil penalty for a violation is $5,000.00 per calendar day. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by registered or certified mail, return receipt requested or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a. civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. (2) The County Manager or his designee shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this article and shall direct the violator to either pay the assessment or contest the assessment within 30 days after the receipt of the notice of assessment, by written demand for a hearing before the Board of County Commissioners. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. (b) Criminal Penalties. Any person who knowingly or willfully violates any provision of this article, or rule or order adopted or issued pursuant to this article, or who knowingly or willfully initiates or continues a land disturbing activity for which an erosion control plan is required except in accordance with terms, conditions, and provisions or an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,000.00 per calendar day. Section 23-252 Injunctive relief (a) Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision 'of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the county, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this article. Corrective measure(s) needed and Time to Comply: Stop all activity outside the originally approved limits of disturbance until plans for this area have been submitted and approved. Plans must be submitted within 20 working days of receipt of this notice. A civil penalty in the amount of$5000 has automatically been assessed for this violation. If the deadlines for corrective measures are not met, an additional daily $5000 civil penalty will be assessed. Once the plans have been approved and the revised Land Disturbing Permit has been issued, you will have the opportunity to appeal this assessment. You can then contact me to request an appeal of this Notice of Violation. Please contact me if you have questions regarding the required compliance action. Sincerely, Beth Easley Wetherill Erosion Control Specialists New Hanover County Cc: Chris Coudriet, NHC Assistant County Manager Kemp Burpeau, NHC Deputy County Attorney Jim lannucci PE, NHC County Engineer Mark Boyer, NHC Public Information Officer Jo Casmer, NCDENR Water Quality: Angela Faison, City of Wilmington Development Services