20090157 Ver 1_More Info Letter_20090701

'A J-
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 1, 2009
DWQ Project # 09-0157
New Hanover County
Mr. William H. Smith
115 Linden Drive
Danville VA 24541
Subject Property: Scotchman 421 Truck Plaza Expansion
REQUEST FOR MORE INFORMATION
Dear Mr. Smith:
On March 4, 2009, the Division of Water Quality (DWQ) received the Public Notice issued by the U.S.
Army Corps of Engineers to fill or otherwise impact 0.72 of 404 Wetlands for the purpose of expanding
the existing Scotchman Truck Plaza. Additional information was received on May 12, 2009, and June 1,
2009. The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to process your
application to impact wetlands and/or streams on the subject property. Therefore unless we receive five
copies of the additional information requested below, we will have to recommend moving towards denial
of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete
until we receive this additional information.
Additional Information Requested:
The additional information provided on May 12, 2009 by your agent, Southern Environmental
Group, Inc., indicated that 1.61 acres of cumulative wetland impacts are expected for this project.
Mitigation is required for projects with greater than or equal to 1 acre of wetland impacts at a
minimum ratio of 1:1. Your proposal of payment to the NCEEP for 1.5 acres of mitigation credit
and preservation of 0.204 acres of remaining wetlands is inadequate. Revise this proposal so that
it meets the DWQ requirements for mitigation.
2. Provide an update of the current status of the mitigation site that was required by the USACE
under the previous violation settlement. Provide monitoring records for the site and whether or
not the status of the site has ever been deemed "successful" by the USACE.
3. Provide a compliance history for all of the related permits for this facility. This history is
necessary because when the DWQ issues a 401 Certification, this certifies that a given project
will not degrade Waters of the State or otherwise violate water quality standards. General Statute
143-215.1(b)(4)(b)(2) states that, "The Commission shall have the power to require that an
applicant satisfy the Department that the applicant, or any parent, subsidiary, or other affiliate of
the applicant or parent has substantially complied with the effluent standards and limitations and
waste management treatment practices applicable to any activity in which the applicant has
previously engaged, and has been in substantial compliance with other federal and state laws,
regulations, and rules for the protection of the environment." This facility has had serious
noncompliance issues with respect to its NPDES permit, its State Stormwater Permit, and its
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 Nor ChCa.Pohna
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer Natu&4
2
Scotchman 421 Truck Plaza Expansion
New Hanover County
2009-0157
Underground Storage Tank (UST) systems. The last Operator in Responsible Charge (ORC) of
the wastewater treatment system surrendered his license due to the inability to operate the plant in
compliance with its NPDES permit. In fact, the DWQ had to issue a pump-and-haul permit to
allow your new ORC to bring the plant back into compliance. Recently, this facility was issued a
Notice of Violation from the DWQ for a violation of the State Stormwater Permit SW8900421.
To make matters worse, it appears that the facility has experienced a release of petroleum product
from its UST's, and it is unknown if the issuance of a 401 may interfere with the future
assessment and recovery of the free product. In addition, this facility was fined $25,000 by the
USACE for illegal wetland fill to establish the existing facility. This application will be placed
on hold until the facility has been brought back into compliance.
4. Explain why some of the State permits for this facility (including the State Stormwater Permit)
have been issued to the Worsley Operating Corporation, yet Worsley is not the applicant for the
401 Water Quality Certification. Identify the responsible party for operation and maintenance of
this facility and specific information for achieving compliance with all permits related to water
quality.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of this
information to me and to Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-
2260. If you will not be able to provide the requested information within that timeframe, please provide
written confirmation that you intend to provide the requested information, and include a specific timetable
delineating when the requested materials will be provided. If we do not hear from you in 30 calendar
days, we will assume that you no longer want to pursue this project and we will consider the project as
returned.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Chad Coburn at 910-796-7215 or Ian McMillan at 919-
733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,

Rick Shiver
Surface Water Protection Section
Wilmington Regional Supervisor
cc: Amanda Kolb - Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
Emily Hughes - USACE Wilmington Field Office
Stephen Rynas - DCM Morehead City
Molly Ellwood - NC Wildlife - Wilmington
Rich Carpenter - Marine Fisheries - Wilmington
Ian McMillan - DWQ 401 Oversight and Express Unit
WiRO