SW8980915_COMPLIANCE_20130620

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STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 4160q 1S
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
©'COMPLIANCE EVALUATION INSPECTION
DOC DATE ;?zl3 cfa 2c,;,
YYYYMMDD
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STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
[phone]
FME ACCESS RECORD
SECTION
TRAE/DATE 1n/`C L_()C, __7
NAME IOMH S 6
REPRESENTING
Guidelines for Access: The staff of Wilmington 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 fallowing guidelines 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 to review the files. Appointments will be scheduled
between 9Mam and 3.001)m Viewing time ends at 4:45pm. Anyone arriving without an
appointment may view the files to the extent that time and staff supervision is available
2. You must spel ify files you want to review by facility name. The number of files that you
may rcvtew at one ti e w lltielimited to five. _ ------_----.-
3. You may mak�copies of a file when the copier is not in use by the staff and if time permits.
Cost per copy is 2.5 cents for ALL copies if you make more than 25 copies. There is no
charge for 25 or less copies. Payment may be made by check money order,or cash at the
reception desk Copies can also be invoiced for your convenience
4. FILES MUSTIME KEPT IN ORDER YOU FOUND THEM Files may not be taken from
the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a
misdemeanor for which you can be fined up to $500.00. No briefcases, large totes etc are
permitted in thelfile review area
5. In accordance with General Statue 25-3-512, a$25.00 processing fee will be charged and
collected for checks on which payment has been refused.
FACILITY NAME COUNTY
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1 Signature and Na e f Fi us�iness Date Tune In Time Out
Please attach a business c rd to this farm
COPIES MADE pAID b INVOICE
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 5, 2009
Mr. Jeffery Zimmer, Manager/ Member
Z-1 Properties, LLC
PO Box 2628
Wilmington, NC 28401
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0688
Failure to Renew Stormwater Management Permit
Stormwater Permit No. SW8 980915
CVS Pharmacy, Shipyard Blvd
New Hanover County
Dear Mr. Zimmer
This letter is to notify you that you are in violation of Title 15A North Carolina Administrative
Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for
failure to apply for and secure a renewal of Stormwater Management Permit SW8 980915,
which expired on March 5, 2009.
On August 5, 2009, David Cox of the Wilmington Regional Office performed a file review to
determine the status of compliance with Stormwater Management Permit SW8 9,80915. Permit
Number SW8 980915 was issued to you on March 5, 1999 for the CVS Pharmacy Shipyard
Blvd. Project, located at 2607 Carolina Beach Rd., Wilmington, New Hanover County,
North Carolina. As a result of the site inspection and DWQ file review, the following violations
are noted:
I. Failure to Renew State Stormwater Permit
Title 15A NCAC 2H .1003 (h) (2) requires that applications for permit renewals to be submitted
180 days prior to the expiration of the permit. On September 5, 2008, a letter requesting
application for a permit renewal was issued, notifying you that permit for CVS Pharmacy
Shipyard Blvd was expiring. As of the date of this letter, DWQ has not received an application
to renew Stormwater Permit SW8 980915.
II. Failure to Apply For and Secure a Stormwater Management Permit
Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater
Management Permit for development activities within the 20 coastal counties that require a
Coastal Area Management Act (CAMA) Major Permit or an Erosion and Sedimentation Control
Plan. The inspection and DWQ file review confirms that a valid, active State Stormwater
Management Permit was not obtained prior to the expiration of Stormwater Permit SW8
980915
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 1��One 7
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6748 1�ohtl 7..l Carolina
Internet:v .nmaterquality.org Vatu a l y
An Equal Opportunity l Affirmative Acton Employer (/ YK l4l N((

III. Failure to certify the stormwater system A file review revealed that this office has
not received an Engineer's Certificate.
Permit condition states that upon completion of construction, prior to issuance of a
Certificate of Occupancy, and prior to operation of this permitted facility, a certification
must be received from an appropriate designer certifying that the permitted facility has
been installed in accordance with this permit, the approved plans and specifications,
and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
Required Response
This Office requires that you respond to this letter in writing by September 4, 2009. Your
response should be sent to this office at the letterhead address. Your response should address
the following items:
Submit the enclosed renewal application with new signed O&M agreement and Designer's
Certification along with the processing fee, currently set at $505
Provide a written "Plan of Action"which outlines the actions you will take to correct the
violation(s) noted under the 'Comments' 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. Should you have any questions regarding these matters, please contact either David
Cox or myself at [phone].
Sincerely,
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
W ilmingtonRegional Office
Enclosures: Inspection Report
Permit Renewal Application Form
Designer's Certification Form,
cc: John Hennessy- NPSACOU WiRO Files
Phil Tripp DWQ Central Files
New Hanover County Inspections
Page 2 of 2

Compliance Inspection Report
Permit: SW8980915 Effective: 03/05/99 Expiration: Owner: Zimmer Commercial Properties LLC
Project: Cvs Pharmacy Shipyard/Carolina Beach R
County: New Hanover
Region: Wilmington
Contact Person: Jeffrey L Zimmer Title: Phone: [phone]
Directions to Project:
Type of Project: State Stormwater-Infiltration System
Drain Areas: 1 -(CAPE FEAR RIVER)(03-06-17 )(SC)
On-Site Representative(s):
Related Permits:
Inspection Date: 08/05/2009 Entry Time: 01:35 PM Exit Time: 01:45 PM
Primary Inspector: David W Cox - Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Follow-up Inspection Type: Stormwater
Permit Inspection Type: State Stormwater
Facility Status: [I Compliant IN Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit:SW8980915 Owner-Project:Zimmer Commercial Properties LLC
Inspection Date: 08/05/2009 Inspection Type: Stormwater Reason for Visit:Follow-up
Inspection Summary:
In order to bring this state slormwater permit back into compliance you must provide the following:
1. Return the completed Renewal apllication and a$505.00 Renewal Fee.
2. Submit an Engineer's Certification.
File Review Yes No NA NE
Is the permit active? ❑ ® ❑ ❑
Signed copy of the Engineer's 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? ❑ ❑ OR ❑
Comment:
1. Permit expired on March 5, 2009.
2. This office hasd not received a copy of the Engineer's Certification.
Page: 2

O�OF W A TF9QG Beverly Eaves Perdue,Governor
Dee Freeman,Secretary
North Carolina Department of Environment and Natural Resources
Q Y Coleen H.Sullins,Director
Division of Water Quality
January 16, 2009
Mr. Jeffrey Zimmer, Member/Manager
Z-1 properties, LLC
P.O. Box 2628
Wilmington, NC 28401
NOTICE OF INSPECTION
CVS Pharmacy, Shipyard Boulevard
Stormwater Project No. SW8 980915
New Hanover County
Dear Mr. Zimmer:
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 January 5, 2009 to determine compliance with Stormwater Permit Number SW8 980915 issued on
March 5, 1999.
The following issues should be resolved in order to bring this stormwater system into compliance:
1. Submit the Engineers Certificate.
2. Remove the accumulated sediment located in catch basin CI-3.
The required actions that are necessary to bring this site into compliance are noted on the attached
inspection report. Please inform this Office in writing before Febuary 16, 2009, 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 including the
assessment of civil penalties of up to $10,000 per day.
Please be reminded that if any ownership or name change has occurred it is the permittee's
responsibility to notify this office in writing. If you have any questions please contact me at the
Wilmington Regional Office, telephone number [phone].
Sincerely,
� C
David Cox
Environmental Senior Specialist
GS/dwc: S:\WOS\STORMWAT\INSPECT\950915.jan08
cc: Phillip Tripp David Cox
CWilfEington-Regional_Office Central Files
Mailing Address Phone[phone] Internet: www.ncwateroualitv.ore North Carolina
Wil Cardinal Drive Extension Fax [phone] Customer Service 1-877-623-6748 rNlltmrallb(
Wilmingum,NC 28405
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paoer

Compliance Inspection Report
Permit: SW8980915 Effective: 03/05/99 Expiration: Owner: Zimmer Commercial Properties LLC
Project: Cvs Pharmacy Shipyard/Carolina Beach R
County: New Hanover
Region: Wilmington
Contact Person: Jeffrey L Zimmer Title: Phone: [phone]
Directions to Project:
Type of Project: Slate Stormwater-Infiltration System
Drain Areas: 1 -(CAPE FEAR RIVER)(03-06-17 )(SC)
On-Site Representative(s):
Related Permits:
Inspection Date: 01/05/2009 Entry Time: 02:00 PM Exit Time: 02:30 PM
Primary Inspector: David W Cox Phone: [phone]
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Stormwater
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant X Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Page: 1

Permit:SW8980915 Owner-Project:Zimmer Commercial Properties LLC
Inspection Date:01/05/2009 Inspection Type: Stormwater Reason for Visit: Routine
Inspection Summary:
1. Submit the required Engineers Certificate,
2. Remove the sediment from catch basin CI-3.
Please be reminded that failure to provide a Engineers Certificate and the operation of a stormwater treatment facility
without a valid permit are violations.This permit expires on March 5, 2009 and this office has not received a renewal
application. The renewal package was sent to on September 5, 2008
File Review Yes No NA NE
Is the permit active? ■ ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ■ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ■ ❑ Cl ❑
Copy of the recorded deed restrictions is in the file? ❑ ❑ ■ ❑
Comment: The Engineers Certification has not been submitted to this office.
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: Sediment located in CI 3 as indicated on the approved plan is excessive
and impeding the drain of the infiltration trench
Page: 2