20090157 Ver 1_More Info Received_20090727

SEGO
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Transmittal Letter
Date: 22 July 2009
To: Mr. Ian McMillan
Of: 401 Oversight / Express Review Permitting Unit
Attached you will find:*
D R-015q
SEGi Project #: 04202.01
Client Name: Mr. William H. Smith
DWQ Project #: 09-0157
? Proposal ? Sketch(es) ? Permit ? Signed Wetland Map ? Photo(s)
? JD Package ? Report(s) ? Plans ® Information Requested ? Other
Copies Dated
5 22 July 2009
5 22 July 2009
These are being delivered:
® For your Review/Comment
? Corrected and Returned
? Other:
Response Letter to the DWQ's Request for Additional Information
Status Update Letter for the 421 Truck Stop Expansion Project
*If noted items are NOT attached, please contact our office.
® For your Records ? Returned for Correction(s)
? For your Signature ? As Requested
By: ? Hand Delivery ? Fed-Ex ? UPS ® Regular Mail ? Other
Notes:
Ian:
Attached you will find five copies of SEGi's response to the DWQ's request for additional information, as well as a status update letter
regarding the project. The update letter is to serve as a supplement to the response letter. Please review the attached documentation,
and if there are any questions or concerns, please do not hesitate to contact my office at 910.452.2711. Thank you for your time and
consideration in the matter. We look forward to hearing from you.
nC?
Signature and (Typed) Name:
Amanda L. Kolb
Date: 22 July 2009
. OW
JUL 1 7 2009
OENR - WATER QUALITY
WETLANDS AND STOPM t?ATER BRANCH
. N
Soutkern,nvironmental 6roup, Inc.
5315 Soutk College }load, Suite E - Wilmington, Nord, Carolina 28412
910.452.271 1 - rax: 910.452.2899 - [e-mail]
www.segj.us
22 July 2009
United States Postal Service
N.C. Division of Water Quality
Wilmington Regional Office
Attn: Mr. Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405
J
Re: 421 Truck Stop Expansion Project [SEGi Project #: 04-202.01
Wilmington, New Hanover County
Response to Additional Information Request
DWQ Project #: 09-0157
Dear Mr. Shiver:
This letter is in reference to the proposed expansion of an existing truck stop facility, located at
1610 US Highway 421 North in Wilmington, New Hanover County, North Carolina. Southern
Environmental Group, Inc. (SEGi) has been retained by Mr. William H. Smith, the Applicant, to
address concerns listed within the request for additional information received from the Division
of Water Quality (DWQ), dated 1 July 2009. Please see below:
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 of 1:1. Your
proposal of payment to the NC EEP 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.
The current project, as proposed, will require the impacting of 0.72 acre of
riparian wetlands. Previous actions associated with this parcel, namely, the
approximate 0.89 acre of impact, were mitigated for by the Worsley
Company (herein referred to as "Worsley"), and were previously discussed
in the "Project History" section of the Supplemental Documentation (see
Attachment A).
As mitigation for the approximately 0.89 acre of impacts on the site, Worsley
was required to perform restoration on 0.11 acre of on-site wetlands, in

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addition to establishing 0.44 acre of wetlands on another property that
exuded similar habitat and wetland features. This mitigation was agreed
upon by Worsley and the United States District Court for the Eastern
District of North Carolina (see Attachment B), and met the mitigation
requirements in place at the time the impacts occurred.
Due to the fact that the previous impacts were already mitigated, mitigation
is only offered for the newly proposed impacts. 15A NCAC 02H .0506(h)(2)
states, "Mitigation shall not be required for impacts to Class WL wetland of
less than one acre". Class WL waters are considered riparian wetlands.
The current proposal requests to impact 0.72 acre, which is below the one
acre threshold set forth in 15A NCAC 02H .0506, therefore, additional
mitigation is not being offered.
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.
The Applicant, Mr. William H. Smith, is in no way associated with the
mitigation parcel owned by Worsley. The tax records for the mitigation
parcel associated with Worsley were previously submitted as Attachment 28,
"Tax Information for Worsley Mitigation Site" and are now attached herein
as Attachment C. As is evident on the submitted tax records, the mitigation
parcel is owned solely by Worsley.
With regard to the current status of Worsley's mitigation site, SEGi
contacted both the former consultant for Worsley at that time, Land
Management Group, and the Army Corps of Engineers to determine if either
were aware of the current status of the mitigation site. Land Management
Group stated that, to the best of their memory, the required monitoring
occurred on the mitigation parcel and that the reports were furnished to the
Corps. According to Land Management Group, the required monitoring
periods was two years. In speaking with the Corps, Ms. Emily Hughes stated
that she had pulled and reviewed the historic files concerning the truck stop.
In her review of those files, she could not find documentation that the site
was ever deemed 'successful'. However, Ms. Hughes stated that she
concurred with SEGi in that, the mitigation site is solely associated with
Worsley and that the status of Worsley's mitigation site will have no bearing
on Mr. Smith's current application to expand the existing truck stop. Ms.
Hughes stated that any regulatory agency was free to call her and discuss the
matter further, if necessary. Ms. Hughes can be reached at 910.251.4635.

*Ir
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SEG
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
protection of the environment." This facility has had serious noncompliance
issues with respect to its NPDES permit, its State Stormwater Permit, and its
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.
SEGi believes that a meeting with the DWQ's 401 and Stormwater branches
would be the best option to facilitate a resolution to the issues listed above.
Rather than go back and forth with responses and questions, SEGi would
like to meet and present a timeline as to what we believe may have been the
series of events that led to the current situation. Please provide us with your
availability to meet and discuss these issues.
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 this facility and specific information for achieving
compliance with all permits related to water quality.
According to the information obtained from the Stormwater Division, it
appears the facility was originally issued a State Stormwater permit in 1990.
At that time, the subject parcel was owned by Worsley. It is SEGi's
understanding that a modification to the stormwater permit was issued 02
September 2003 to Mr. William A. Ambrose, Executive Vice President of

,,, SEG
Worsley. It appears that Mr. Jeff Turpin, current Vice President of
Worsley, requested and received a stormwater permit transfer on 31 March
2008, thereby changing the responsible party from Mr. Ambrose to Mr.
Turpin (Attachment D). SEGi further understands that Mr. Turpin was
issued a stormwater permit modification on 23 April 2008 (Attachment E).
The reason Worsley is not the applicant for the 401 Water Quality
Certification request is because Worsley does not own the property. As for
returning the site to compliance, it is SEGi's understanding that the
stormwater permit holder, Worsley, is responsible for adhering to the
conditions listed in the permits. Due to the fact that the permits were issued
to Worsley, SEGi contends that they should be responsible for returning the
site to compliance.
For clarification of the statements mentioned above, please refer to the following documentation
attached to this correspondence:
A. Supplemental Documentation to Individual Permit
B. Consent Decree
C. Tax Information for Worsley Mitigation Site
D. Stormwater Permit Transfer Document
E. Stormwater Permit Application and Issued Stormwater Permit
It is SEGi's sincere hope that the submittal of the responses above, and the documentation
attached, will satisfy the concerns listed within the Division of Water Quality's Request for
Additional Information. If you have any remaining questions or concerns, please feel free to
contact me via telephone at 910.452.2711, or email, at amanda(asegi.us. Thank you for your
time and consideration with regard to this project.
Sincerely,
Amanda L. Kolb
Environmental Scientist
Enclosures: (5)
cc: Mr. Chad Coburn (DWQ)
Ms. Emily Hughes (USACE)
Ms. Molly Ellwood (NCWRC)
Mr. Ian McMillan (DWQ)

,
5out ern Environmental 6roup, Inc.
5315 South College Road, Suite E, • Wilmington, North Carolina 28412
910.452.271 1 • rax: 910.452.2899
www.segi.us
Supplemental Documentation to the
Individual Permit Application
for the
Truck Stop Expansion
January 22, 2009
Applicant
Mr. William H. Smith
115 Linden Drive
Danville, VA 24551
Agent
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (Office)
910.452.2899 (Facsimile)
AMacl)we-V t- Z
421 Truck Stop IF [2/21
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Location
I 3
Existing Conditions and Project History 4
Wetland Systems I 7
Project Description
_ 8

Sequence of Events i
10
Purpose and Need _ 10

Alternatives 12,
No Action 1 _ i_
12
Other Project Designs 12
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Minimization 12
Proposed Compensatory Mitigation 13
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Payment to NC EEP 13
Pies on vahof Remaining Oia site Wetlands 16

Adjacent Property Owners I
20
Other Authorizations 1':v 20
Figures 21
421 TruclStop IF [3/21 ]
Location
5EGi
The proposed project is located at 1610 US Highway 421 North in Wilmington, New Hanover
County, North Carolina (34.2530°N, -77.9565°W). To access the site, cross over the Isabelle S.
Holmes Bridge (Hwys. 133 & 117) out of Wilmington. Take a right at the first stoplight (US 421
N). Take an immediate right into the parking lot of the subject parcel, the Scotchman #303 Dixie
Boy Truck Stop.
The subject parcel is comprised of approximately 3.15 acres. The wetlands on the subject
property are considered contiguous with the Northeast Cape Fear River, though the site itself
does not abut the waterbody. The eastern property boundary is approximately 520 feet from the
nearest branch of the Northeast Cape Fear River. Ms. Jennifer Frye (former USACE Field
Representative for New Hanover County) visited the site, and verified the wetland line on 31
August 2004 (Action ID Number: SAW-2004-1149-064). The original wetland boundary
survey, provided to the Corps, showed 1.025 acres of wetlands on the property (see Attachment
7). A topographic survey was needed, as the wetland boundary survey provided to the engineer
did not have any topographic shots for the existing site. When the new surveyor created his
topographic survey, he also recalculated the on-site wetlands and determined there were actually
0.91 acre of riparian wetland on the subject parcel (see Attachment 8). It appears that the first
survey referred to an existing 0.115 acre unused stormwater retention feature as wetlands, when
421 Truck Stop 1P [4/2 1 ]
SEGO
it should not have been accounted for as such. Therefore, the total acreage of jurisdictional
wetlands on the subject parcel was determined to be 0.91 acre (39,856 square feet).
The property to the north and east is owned by Eagle Island LTD. The parcel to the south is
owned by Holmesbridge LLC, and the property to the west of the subject parcel is owned by Mr.
Robert L. Bryden and Ann Stapleton.
Existing Conditions and Project History
A truck stop already exists on the subject parcel and has been in use for approximately 18 years.
The truck stop is owned by Mr. William H. Smith and managed by the Worsley Company (the
Worsley Company is now owned by an affiliate of Sun Capital Partners, Inc., a private
investment firm, and the name "Worsley Company" was retained during that sale). The truck
stop comes complete with a diesel canopy and a fuel canopy, both with their own set of pumps, a
convenience store, an asphalt parking area, truck scales, and attendant features one would expect
at a truck stop. Currently, the undeveloped portion of the property is comprised of 0.91 acres
(39,856 square feet) of freshwater marsh wetlands, with a 0.115 acre existing stormwater
retention feature found near the, eastern propertylioundary.
+21 Truck jtop IF X512 1 J 5EGi
This site has a somewhat convoluted past. This parcel was once used for the purpose of an old
automobile junkyard, which included old rusting automobiles, old batteries, old tires, etc. The
Worsley Company cleaned up the debris and constructed the existing truck stop on the upland
portion of the property in 1990. According to old court records (see Attachment 20), on 7 April
1987, Mr. Hugh Heine, the USACE New Hanover County Regulator at the time, made a site visit
and discovered 0.13 acre of unauthorized fill material in two areas of the "standing water
swamp" complex. At Mr. Heine's request, the Worsley Company removed the unauthorized fill
material from the wetlands (on or around 28 May 1987).
On 25 August 1987, a 404 permit application was submitted on behalf of the Worsley Company,
by Catlin & Associates of Wilmington, North Carolina. The project was given an Action ID
number of 198700517. The application requested permission to fill 0.21 acre of wetlands on-
site, to allow for an access ramp. The application was retired on 30 November 1987, at the
request of the Worsley Company, due to an insufficient compensatory mitigation offer.
Sometime before 22 September 1988, the Worsley Company retained the services of Mr. Rob
Moul and Land Management Group, to assist in performing a wetland delineation. Mr. Moul
performed the delineation, which was verified by Mr. Heine sometime around 19 January 1989.
Mr. Heine also verified the wetland boundary survey, performed by Brunswick Surveying, Inc.
On 10 September 1991, a mitigation proposal was submitted on behalf of the Worsley Company,
by Mr. Moul. As compensatoy mitigation was the single lacking factor in the original
application submittal, the inclusion of this document re-opened the file for the original
application (requesting 0.21 acre of fill). The Corps issued the Worsley Company a 404 permit
on 17 October 1991, to allow for the filling of 0.21 acre of wetlands (see Attachment 19).
Mr. Michael Smith, the Corps' then-enforcement officer, performed a compliance inspection on
04 December 1991, in response to several telephone calls which reported wetland fill at the
subject parcel. Mr. Smith's site visit showed the Worsley Company had filled approximately one
acre of wetlands, well beyond the limits of the approved 0.21 acre request. The Worsley
Company was given a cease and desist letter that day, requiring them to refrain from any work in
waters or wetlands, until the matter got resolved.
A site visit on 1 September 1992 showed that truck scales had been constructed and installed at
the site, and that the unauthorized fill area had been paved. Both of those actions were in direct
violation of the cease and desist order. At that time, the Corps decided to seek legal recourse.
The case was presented to the United States District Court for the Eastern District of North
Carolina Wilmington Division (Case No. 93-15-CIV-7-F). The facts of the case were presented,
and a Consent Order and Judgment was subsequently issued (see Attachment 26).
The Consent Order and Judgment required the Worsley Company to restore 0.11 acre of the
impacted wetlands on the subject parcel. Please note, the Order does allow for future permitting
of the previously impacted area. The Order states: "Nothing herein shall be construed to
421 Truck Stop IF [612-11 SEG
prohibit the corporate defendant from applying for a Department of the Army permit to discharge
dredged or fill material into the area after it has completed the restoration work..., or from
discharging dredged or fill material into the area in strict compliance with any subsequently
issued Department of the Army permit. In the event the corporate defendant applies for a
Department of the Army permit to fill the area to be restored, in its review of such permit
application, the Corps shall consider the value of the restored area to be its value prior to the
performance of the work which was the subject of this action" (see Attachment 26).
In addition to the restoration required on the subject parcel, the Worsely Company was required
to establish 0.44 acre of wetlands on another property that exuded similar habitat and wetland
features. After several property inspections, the ideal location was found. The mitigation
property is located approximately %i-mile south of Jackey's Creek, along NC 133 in Brunswick
County (see photograph below). The tract measures approximately 2.1 acres in size. While the
property does not have a physical address, it has a Parcel Identification Number of 05900007.
The property is now, and has been since 1994, owned by the Worsley Company (see Attachment
28).
The final component of the Consent Order and Judgment was the assessment of a civil penalty to
the Worsley Company. The Worsley Company was required to pay $25,000 (twenty-five
thousand dollars) to the US Treasury.
421 Truck jtop IF [7121)
5E-6I
Previous Corps' Action Identification Numbers associated with this site include 198700517 and
199103305 (see Attachment 19). The previously issued Stormwater Permit number is SW8-
900421 (see Attachment 20).
Research indicates that the requirements associated with the Consent Order and Judgment were
satisfied. As is evident in all of the attached documentation pertaining to the court case, the main
defendant in this trial was the Worsley Company (the lessee), not Mr. Smith (the property owner,
and subsequent Applicant for this individual permit). Mr. Smith did not have any prior
knowledge that the Worsley Company would partake in the unauthorized filling of jurisdictional
wetlands.
Wetland Systems
The wetland type within the project area may have once been classified as freshwater marsh.
Currently, the entire wetland complex is comprised of a monotypie stand of Phragmites
australis, an invasive species that appears to have taken over the entire wetland complex. The
wetland area lacks a canopy and shrub layer.
Freshwater marshes develop in sounds at the mouths of large rivers. These
marshes are semi-permanently to permanently inundated or flooded - these
wetlands develop where standing water is generally present throughout the year,
so that trees cannot become established. Freshwater marshes are common in the
outer coastal plain, and are valuable for storing water and protecting water
quality. Their plants retain and filter sediments, thereby reducing pollutants.
Freshwater marshes stabilize shorelines and prevent bank erosion and siltation.
Freshwater marshes are not generally known for their rare species, though they
do provide habitat for a number of common species.'
Two soil types were mapped within the Soil Survey of New Hanover County North Carolina
(see Attachment 11). According to the mapped survey, the two types of soil are classified as
Dorovan soils and Urban land:
Dorovan soils are nearly level, poorly drained soils that are found in bays and long, broad
areas of tidal and stream floodplains. These soils are frequently flooded for very long
periods of time. The soils is known to subside if drained and tilled.'
Urban land is classified as areas where the original soil has been cut, filled graded or
paved so that most of the soil properties have been altered to the extent that the soil series
is not recognized. Areas that fall within the mapped areas of Urban land are primarily
used as shopping centers, factories, buildings, apartments, etc. The soil is covered by
pavement.2
1 A Field Guide to North Carolina Wetlands. Department of Environment, Health and Natural Resources Division of
Environmental Management, January 1996.
2 Soil Survey of New Hanover County North Carolina United States Department of Agriculture, April 1977.
421 Truck Stop Ir (8/2 I ) 5r-Gi
Mammals that would utilize this area for foraging habitat may include the raccoon and opossum.
The water moccasin may frequent this area, as well as water snakes (Nerodia spp.), and yellow
bellied sliders (Trachemys scripta). Snapping turtles may also be common. Avian species which
may utilize this area include prothonotary warbler (Protonotaria citrea), pileated wood pecker
(Dryocopus pileatus), and barred owl (Stria varia), among other waterfowl.
Project Description
Due to the influx of traffic associated with the widening and refurbishment of the Isabelle S.
Holmes Bridge, the continued work on the Wilmington by-pass, the lack of truck stops in the
vicinity of the project site and the increasing activity at the State Ports facility, truck traffic has
increased steadily along Highway 421 and in New Hanover County. Continued growth in New
Hanover and Brunswick Counties, and the expansion of the State Port, will fuel the increase in
traffic now and in the future. Due to the increase in traffic volume, increase in amount and
movement of freight to and from the Wilmington Ports, and the number of people relocating to
Brunswick and New Hanover Counties, an expansion of this truck stop is necessary and cannot
be completed without impacting wetlands. The Applicant owns the subject property, and there
are no other properties in the immediate vicinity which can be developed with less impacts to
jurisdictional waters.
In addition to enlarging the parking area, the Applicant's current expansion request calls for an
additional fuel canopy and accompanying pumps. The location of the proposed fuel canopy was
chosen so that positive traffic flow within the truck stop parking area would not be inhibited.
This location also ensures that tractor trailers utilizing the new parking area will not have their
turning radii impeded by the new fuel pump's location. The proposed expanded parking area will
replace those parking spots lost in the inclusion of the new fuel pumps and canopy. The
proposed additional fuel pumps and canopy will be located in an upland portion of the subject
property. They have been situated in their proposed location in an effort to protect the wetlands
from possible detrimental environmental effects, such as spills or leaks (see Attachment 3 and 4).
Parking creates a safe haven for cargo, while providing truck drivers with a safe place to rest.
The Federal Motor Carrier Safety Administration has estimated that "driver fatigue is a primary
factor in 4.5 percent of truck-involved fatal crashes and is a secondary factor in an additional
10.5 percent of such crashes."' With the regulations set forth pertaining to the length of time a
truck driver is allowed to be on the road, and the fact that the nearest truck stop to the subject
parcel is located 17.5 miles away in Delco, North Carolina, the expansion of the Scotchman #303
is a necessity. It is imperative that the Applicant be allowed to expand the existing truck stop, to
accommodate the influx of traffic, as well as make the road safer for all drivers. The figure on
the following page shows the distance between the Scotchman #303, and the next closest truck
stop located in Declo.
3 Study of Adequacy of Commercial Truck Parking Facilities Technical Report. Fleger, Stephen A. ETAL. McLean, Virginia.
March 2002. http://wxvw.tflirc-gov/safety/nubs/01158
42 1 Truck Stop 1P [9/21 ]
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Fill will be placed into 0.72 acre (31,165 square feet) of wetlands, in order to allow an expansion
of the existing facility. The proposed impact includes the installation of concrete retaining walls
and the discharge of clean fill material behind them. Of the 0.72 acre of fill requested,
approximately 0.70 acre (30,291 square feet) is attributed to the expansion of the parking area,
with the remaining 0.02 acre (874 square feet) being associated with the incorporation of
vegetative filters (as required by Stormwater) and the inclusion of a dumpster pad. The dumpster
is required by Chapter 23, Article V of New Hanover County's Code of Ordinances, which reads:
Every owner, occupant, tenant and lessee using or occupying any
commercial, institutional or industrial building or property shall be
obligated, jointly and severally, to provide adequate containers to hold the
litter generated by operations on the premises. Specifically, and without
limiting the generality of the foregoing, the requirement for such
containers shall apply to shopping centers, supermarkets, convenience
stores, fast-food restaurants, service stations and similar establishments,
and shall likewise apply to commercial establishments, garages, schools,
colleges and churches.
(Code 1978, § 11-74)
The existing, non jurisdictional stormwater retention feature will also be filled, and will be used
as part of the proposed parking area. The Applicant is proposing to utilize silt fencing along the
exterior of the project boundary, in order to prevent extraneous, unaccounted for, after-the-fact
wetland impacts. Fill material is to be brought to the site using heavy machinery (such as: back
hoes, bull dozers and front loaders, among others), in order to incorporate the fill material into
the proposed parking area.
42 I Truck stop IP 110/21) SF-Gi
In addition to the aforementioned items, the Applicant is proposing to regrade a portion of the
existing site, to eliminate the existing sand filters on-site, and install two larger sand filters,
which will address the increase in impervious surface area on the subject parcel. According to
the engineer, State Stonmwater requires vegetative filters, to serve as an off-line bypass, so when
the storage pipes are full, there is an outlet for the water to discharge. The discharged water must
be conveyed through a vegetative filter to assist in pollutant removal. The vegetative filters aide
in removing pollutants from water that is not being conveyed through the sand filters. The
vegetative filters will be raised one to two feet above the existing wetlands and the raised filters
will be planted with grass, to assist in pollutant removal. All proposed impacts associated with
the vegetative filters have been accounted for in this permit request. Overall, 439 cubic yards of
fill material will be required for the parking area expansion.
Due to the increase in traffic volume, increase in amount and movement of freight to and from
the Wilmington Ports, and the number of people relocating to Brunswick and New Hanover
Counties, an expansion of this truck stop is necessary and cannot be completed without
impacting wetlands.
Sequence of events
The proposed schedule for this project is dependent on the issuance of the appropriate
authorizations. Once the permits have been issued, the Applicant would like to begin work
immediately, starting with the installation of sedimentation and erosion control structures. Next,
the Applicant would have the stormwater system installed, followed by the concrete retaining
wall, then discharge the clean earthen fill material, and finally, surface the area with asphalt to
construct the proposed parking and rest areas. Once the parking area has been paved over, the
Applicant will have the additional fuel pumps and canopy installed, and the expansion will be
complete.
Purpose and Need
The Applicant is proposing to fill 0.72 acre of jurisdictional wetlands, to facilitate the expansion
of the existing truck stop. Traffic has increased significantly since the completion of the Isabelle
S. Holmes Bridge. This bridge is one of two river crossings connecting the city of Wilmington
with NC Highway 133, US Highway 421 and the US Highway 17 corridor. This roadway
supports the general north/south and east/west flow of traffic through the region. According to
statistics obtained from Mr. Roger Hawkins, with the North Carolina Department of
Transportation, traffic counts prior to the completion of the bridge are as stated on the table on
the following page:
+21 Truck Stop IF [1 1/21 ]
5F-6i
t
Date'
# oflVelucles Counted{
' ' f Ref r ce

April 2003 153 '
US Hwy 42
.. April 2003 19820 NC Hwy 133 E/W
May 2003 22476 US Hwy:421 S/ NC Hwy l 33E
*See Attachment 17 to the Str l emental D
pp ocumentatron portion of the application.
Again, according to information received from Mr. Hawkins in 2004, the future projections of
traffic patterns for the year 2020 are as follows:
liateF o2 Veiucles' Coun?°ted;G, "` High`"`a•. ofe a nce 'trait
f 11
--
2020 -,
23700 USHwy 421 NIS `?
- ----------------------
2020 34400 -
?.;,t Hwy 1?3r3 E/W .
*See Attachment 18 to the Supplemental Documentation portion of the application.
According to NC DOT's website, which provided traffic statistics for the year 2007, traffic
counts adjacent to the existing truck stop had an Annual Average Daily Traffic (AADT) of
24,000 vehicles." This AADT has already exceeded the estimate procured by Mr. Hawkins in
2004 (see Attachment 17). The expansion of this facility will allow the Applicant to serve the
increased number of vehicles traversing the corridor daily.
Two important factors that contribute to the demand for truck parking are: the need to comply
with Federal "hours of service" rules; and, the need for drivers to perform non-driving activities,
such as eating or fueling. "Under current hours of service rules, truck drivers ... are generally
permitted to drive up to 10 hours, after 8 consecutive hours off-duty." "These regulations
induce a demand for parking spaces so that drivers who must drive more than 10 hours between
their origin and destination can obtain the required 8 hours of long-term rest." 3 The regulations
placed on truck drivers by the Interstate Commerce Commission are strict regarding the amount
of time a driver can drive, and therefore, drivers must be offered flexibility in parking.
The availability of truck parking is becoming a problem with potential safety implications. A
major safety issue, according to truckers, is a "lack of safe, available commercial vehicle parking
on or near Interstates." 3 The subject truck stop is adjacent to US Highway 421, NC Highway
133 and the US Highway 17 corridor. This area is a prime location for truck drivers, due to its
close proximity to arterial highway corridors. "An inadequate supply of truck parking spaces can
result in two negative consequences: tired truck drivers may continue to drive because they have
difficulty finding a place to park for rest; and, truck drivers may choose to park at unsafe
locations, such as the shoulder of the road and exit ramps, if they are unable to find available
parking. Both of these consequences generate a safety hazard for the truck driver and for other
drivers using the national highway system."' Due to the influx of traffic in the project vicinity
and the need to service these vehicles, the Applicant proposes to expand his facility.
The proposed impact to jurisdictional waters associated with the proposed expansion of the truck
4 NC DOT Traffic Maps. http://www.ncdot.org/it/img/DataDistributionrrrafiicSurvcyMups/
421 Tru& Stop IP [ 1 212 1] 5EG
stop is the placement of 0.72 acre of clean fill material within 404 wetlands (see Attachment 3).
No coastal wetlands are to be impacted by this project, and, according to a site visit held 15
November 2005 with Mr. Robb Mairs (former New Hanover County Division of Coastal
Management Field Representative), the project is located outside of all Areas of Environmental
Concern (AECs). The Applicant does not anticipate any fish species being impacted due to the
expansion of his truck stop. The fill material will be stabilized via a retaining wall, and the new
area created will be used to incorporate additional parking spaces. The Applicant has proposed
to utilize this area of the project specifically for parking, rather than incorporate the additional
fuel cells in this location. The placement of a fuel canopy and cells adjacent to wetlands has the
potential for detrimental effects on the environment, should a spill or leak ever occur. In
addition, the proposed project design calls for the clustering of the proposed fuel canopy with the
existing fuel canopy, which will provide a general area to pump gasoline, versus a sprawling
layout with fuel canopies scattered throughout the property. Finally, the location of the proposed
fuel canopy was chosen so that positive traffic flow within the truck stop parking area would not
be inhibited. This location also ensures that tractor trailers utilizing the new parking area will not
have their turning radii impeded by the new fuel pump's location.
Alternatives
The Applicant investigated other potential means of expanding the existing truck stop, and has
been unable to find a practicable alternative that would achieve his goal and meet his stated
purpose.
• No action:
The no action alternative is that alternative which does not require filling of 404
jurisdictional wetlands. There is no practicable manner in which this project could be
completed on this site without a permit to discharge fill material into wetlands. On a site
where the remainder of undeveloped land is jurisdictional, the only way a project might
be constructed without DA authorization is to be pile supported. Unfortunately, the
Applicant cannot construct additional parking for tractor-trailers on a pile supported
structure that would not act as a form of fill. According to Section 323.3 Discharges
Requiring Permits, found within the Code of Federal Regulations:
Placement of pilings in waters of the United States constitutes a discharge
of fill material and requires a Section 404 permit when such placement
has or would have the effect of a discharge of fill material. Examples of
such activities that have the effect of a discharge of fill material include,
but are not limited to, the following: Projects where the pilings are so
closely spaced that sedimentation rates would be increased; projects in
which the pilings themselves effectively would replace the bottom of a
waterbody; projects involving the placement of pilings that would reduce
the reach or impair the flow or circulation of waters of the United States;
and projects involving the placement of pilings which would result in the
adverse alteration or elimination of aquatic functions.
+21 Truck Stop IF [ 1 3/21
5EGi
• Other project designs:
The only alternate design for this project on-site would be to relocate the new fuel pumps
to the wetland area and move the truck parking area closer the main building. This would
result in pumps being sprawled about the property, instead of being clustering together.
Spreading the fuel pumps and canopy about on the site could potentially be extremely
environmentally damaging, as the ability to locate and contain a spill or leak may be
reduced.
• Other project locations:
The proposed project calls for the expansion of an existing facility, thus, construction on
an alternate site would not meet the Applicant's stated purpose and need. In addition,
there are no available properties which could be considered suitable, located within
approximately 2 miles of the subject property, where a fueling facility of this magnitude
could be constructed with less impact to jurisdictional features.
• Minimization:
Minimization was demonstrated in that the Applicant is proposing to utilize a concrete
retaining wall when constructing the parking lot, versus requesting a larger impact to
accommodate fill slope. In addition, the Applicant has designed the proposed expansion
project so that the new fuel pumps are situated within the existing fill pad. This will
assist in reducing the potential that spills or leaks would impact the neighboring wetlands,
should the new pumps have been placed in their alternate location. In an effort to reduce
impacts to jurisdictional features, the majority of the fill requested by the Applicant, 0.70
acre, is necessary to create a safe haven for the trucking fleet, and is the minimum amount
of fill necessary to accommodate parking for tractor-trailers. The Applicant is proposing
to create 80 foot parking spaces, as the overall average length of an eighteen wheeler is
between 70 and 80 feet.' Information obtained from the Truckers Report, concerning the
turning radius of tractor-trailers compared to the minimum road width, can be found on
the table below:'

um?
le n
g
7
z ? ...? Minim oa i th r

300
1616»
X
,4
,?.?.
600
2

tit.: JLy+r iii i, ). 2710"
120°
b f
"
:2

O
_
7
?;. :.150
35'0"

180°

Table 1: mmr.lhetnickersrenorrcon)l01ntin g radius for eighteen uheelers.sbnnl
5 The Truckers Report, Watts, Kevin R. Big Sandy, Tennessee. 2006. w%v+v.thetruckersreport coin
421 Truck `jtop IF [ 14/211
5r-6,
The remaining 0.02 acre of requested wetland impact is necessary to create vegetative
filters, as required by State Stormwater standards, and also to incorporate a dumpster pad.
Proposed Compensatory Mitigation
Due to the lack of a mitigation bank within New Hanover County, the immediate vicinity of the
project, or the same drainage basin, compensatory mitigation for wetland impacts associated with
the expansion of the Scotchman #303 is being sought through a combination of mitigation
mechanisms. The Applicant is proposing a combination of payment to the North Carolina
Ecosystem Enhancement Program (NC EEP), and the strict preservation of the remaining on-site
wetlands, as mitigation for the proposed impacts.
• Payment to NC EEP:
Pursuant to the Army Corps of Engineer's new rules regarding Compensatory Mitigation
for Losses of Aquatic Functions, baseline information regarding the impact sites, as well
as the determination of credits, will be the only two of the twelve components of
mitigation discussed with regard to NC EEP:
Baseline Information: The wetlands on-site can be classified as freshwater
marsh wetlands. The wetlands are vegetated with a monotypic stand of
Phragmites australis. Freshwater marshes are semi-permanently to permanently
inundated or flooded, and develop where standing water is generally present
throughout the year, so that trees cannot become established. They are common
in the outer coastal plain, and are valuable for storing water and protecting water
quality. Their plants retain and filter sediments, thereby reducing pollutants.
Freshwater marshes stabilize shorelines and prevent bank erosion and siltation.
Freshwater marshes are not generally known for their rare species, though they do
provide habitat for a number of common species.'
Indicators of hydrology include inundation, and a prevalence of species with an
indicator status that was wetter than facultative. Saturated soil was found at 12
inches below the surface.
Two soil types were mapped within the Soil Survey of New Hanover County,
North Carolina (see Attachment 11). According to the mapped survey, the two
types of soil are classified as Dorovan soils and Urban land:
Dorovan soils are nearly level, poorly drained soils that are found in bays and
long, broad areas of tidal and stream floodplains. These soils are frequently
flooded for very long periods of time. The soils is known to subside if
I A Field Guide to North Carolina Wetlands. Department of Environment, Health and Natural Resources Division of
Environmental Management, January 1996.
421 Truck jtop Ir [ 15/2 11 V 1
drained and tilled.'
Urban land is classified as areas where the original soil has been cut, filled
graded or paved so that most of the soil properties have been altered to the
extent that the soil series is not recognized. Areas that fall within the mapped
areas of Urban land are primarily used as shopping centers, factories,
buildings, apartments, etc. The soil is covered by pavement.'
Determination of Credits: Payment to NC EEP is offered at a 2.08:1 ratio, for
riparian wetland impacts (see Attachment 13). This ratio was chosen because the
Corps' guidelines state there should be no net loss of wetlands, and the Applicant
feels that providing a ratio of 2.08:1 will ensure that the "no net loss" guideline is
met. The proposed the ratio should also off-set the temporal losses which may
occur, due to any time lag between NC EEP agreeing to perform the mitigation,
and the mitigation efforts actually being undertaken. The stormwater
management facilities proposed for the site will filter out pollutants from runoff
and rehydrate the wetlands, thereby off-setting the proposed impacts.
According to NC EEP's website, "EEP facilitates responsible economic development
across North Carolina by offsetting unavoidable damage to the environment. EEP
manages the restoration and enhancement of streams and wetlands statewide in [the] In-
Lieu Fee program. Through which the state contracts with private-sector companies to
perform the needed off-sets." Payment to NC EEP, in an amount sufficient to off-set the
proposed impacts, will assist the Applicant in achieving the "no net loss" of wetlands
policy set forth by the Corps. The freshwater marsh wetland functionality, flood storage
and pollutant removal, will be off-set by the stormwater management facilities. The
Applicant's stormwater plan calls for sand filters and vegetated filters, which will filter
out pollutants from runoff and rehydrate the wetlands. Freshwater marsh wetlands are
not generally known for their rare species, though some common wildlife, such as deer,
fox, raccoon, waterfowl and amphibea have been known to utilize this wetland type. Due
to the fact that this freshwater marsh wetland complex is located adjacent to a highly
traveled roadway, SEGi does not anticipate a significant impact to the habitat value of the
wetland.
Pursuant to the Memorandum of Understanding between NC EEP (a division of NC
DENR) and the USACE, once payment is made to the NC EEP, they are then responsible
for the compensatory mitigation specified within the issued USACE permit, in this case,
compensation to adequately off-set the loss of 0.72 acre riparian wetlands. The Applicant
will be purchasing 1.5 acres of riparian mitigation credit, at a cost of approximately
$89,400 (Eighty Nine Thousand Four Hundred Dollars).
2 Soil Survey of New Hanover County North Carolina United States Department of Agriculture, April 1977.
421 Truck Stop IF [ 1 612 11 sr-Gi
• Preservation of Remaining On-site Wetlands:
In accordance with the Corps' new Compensatory Mitigation rules, the twelve
components of mitigation will be discussed, with regard to the proposed preservation
area:
Objectives: The Applicant will be preserving the remaining on-site freshwater
marsh wetlands, totaling 0.20 acre (8,881 square feet).
Preservation is a mechanism utilized by the Corps, which protects remaining on-
site wetlands in perpetuity by using appropriate restrictions or covenants. These
restrictions prohibit harmful activities that might otherwise jeopardize the purpose
and function of remaining wetlands. These restrictions include: no filling; no
grading; no construction of walkways, roads, etc.; no activities which may alter
on-site drainage patterns; and, no alteration of vegetation on the property.
Preservation is a necessity in this area, as recent urban impacts within, and
adjacent to, the conservation site increase the need for preserving wetland
functions. The completion of the Isabelle S. Holmes bridge has increased the
traffic flow along that length of US421, which has in turn made the area more
attractive to business owners. Preservation of this land will provide a significant
vital resource protection in the Cape Fear River basin. The preservation easement
will be designed to ensure perpetual protection of the wetlands and will be
binding to the property (see Attachment 12).
Site Selection: As stated in the previous section, recent urban impacts within and
adjacent to the conservation site, as well as the increase in traffic associated with
the completion of the Isabelle Holmes bridge, augment the need for preserving
wetland functions. The preservation area will be located on the subject parcel,
which is adjacent to the Northeast Cape Fear River. Though the site does not abut
the river, it is located extremely close to the waterbody. Any wetland
preservation proposed in close proximity to the river will be advantageous to the
feature because the preserved wetlands will serve a multitude of beneficial
purposes: filtration of pollutants from run-off; fish and wildlife habitats; natural
water quality improvements; flood storage; shoreline erosion protection; and,
reducing potential for flood damage, among other functions.
Site Protection Instrument: Preservation will be accomplished by utilizing the
Model Declaration of Restrictions, found on the Army Corps of Engineer's
website, and recording the document and associated exhibit map with the New
Hanover County Register of Deeds (see Attachments 6 and 12). The Model
Declarations are enforceable by the United States Army Corps of Engineers. The
site protection instrument will run with the subject property and be binding on all
421 Truck Stop IF [ 17/21
5EGi
parties that have, or shall have, any right, title, or interest in the property.
Baseline Information: The wetlands on-site can be classified as freshwater
marsh wetlands. The wetlands are vegetated with a monotypic stand of
Phragmites australis. Freshwater marshes are semi-permanently to permanently
inundated or flooded, and develop where standing water is generally present
throughout the year, so that trees cannot become established. They are common
in the outer coastal plain, and are valuable for storing water and protecting water
quality. Their plants retain and filter sediments, thereby reducing pollutants.
Freshwater marshes stabilize shorelines and prevent bank erosion and siltation.
Freshwater marshes are not generally known for their rare species, though they do
provide habitat for a number of common species.'
Indicators of hydrology include inundation, and a prevalence of species with an
indicator status that was wetter than facultative. Saturated soil was found at 12
inches below the surface.
Two soil types were mapped within the Soil Survey of New Hanover County
North Carolina (see Attachment 11). According to the mapped survey, the two
types of soil are classified as Dorovan soils and Urban land:
Dorovan soils are nearly level, poorly drained soils that are found in bays and
long, broad areas of tidal and stream floodplains. These soils are frequently
flooded for very long periods of time. The soils is known to subside if
drained and tilled.
Urban land is classified as areas where the original soil has been cut, filled
graded or paved so that most of the soil properties have been altered to the
extent that the soil series is not recognized. Areas that fall within the mapped
areas of Urban land are primarily used as shopping centers, factories,
buildings, apartments, etc. The soil is covered by pavement?
Determination of Credits The ratio of preservation is limited by the amount of
wetlands available for preservation on the subject parcel. Overall, 0.20 acre of
wetlands will be placed into preservation.
The Applicant owns two additional properties in New Hanover County, located at
7111 and 7113 Wrightsville Avenue. These properties already contain a gas
station and convenience store, and have no visible wetlands to offer as additional
preservation (see Attachment 16).
I A Field Guide to North Carolina Wetlands. Department of Environment, Health and Natural Resources Division of
Environmental Management, January 1996.
2 Soil Survey of New Hanover County North Carolina. United States Department of Agriculture, April 1977.
+21 Truck `jtop IF [ 16/21 ]
SE-6i
Therefore, the preservation ratio was determined, and limited, by the amount of
remaining wetlands on-site. The overall preservation ratio proposed for this
project is approximately 0.28:1.
Mitigation Work Plan: The boundaries of the preservation area were
determined by contracting a surveyor to obtain the metes and bounds of the
wetlands to be preserved. As the Applicant is offering preservation, not
restoration, enhancement or establishment, the remaining information requested
in this section is not applicable to the mitigation offer proposed for this project.
Maintenance Plan: A maintenance plan should not be required for preservation,
as the restrictive covenants and associated exhibit map, to be recorded in the New
Hanover County Register of Deeds, should be specific enough with regard to
permissible and prohibited actions within preservation areas, and should ensure
the wetlands remain in their natural condition (see Attachment 12).
Performance Standards: The performance standards have been included in the
model declaration of restrictions. Adherence to the restrictions, covenants and
conditions within the model declaration of restrictions will ensure the
compensatory mitigation area is achieving its objectives.
Monitoring Requirements: Visual inspection of the preservation area should be
sufficient to determine if the components of the restrictive covenants are being
adhered to. The restrictive covenants, to be recorded, allow for the "Corps, its
employees and agents and its successors and assigns, [to] have the right, with
reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's
representatives, or assigns are complying with the terms, conditions and
restrictions of this Conservation Declaration." The Corps retains the right to
inspect the preservation area, thus, if the restrictions within the preservation
document are not being adhered to, the United States of America has the right to
seek legal ramifications.
Long-term Management Plan: The recordation of the restrictive covenants will
serve as the long-term management plan. According to the restrictions, "This
Declaration is intended to ensure continued compliance with the mitigation
conditions of authorizations issued by the United States of America, US Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the
United States of America. This covenant is to run with the land and shall be
binding on all parties and persons claiming under the Declarant." Once recorded,
the document is binding on all parties claiming under it, thus, deviation from the
restrictions could result in prosecution by the United States of America.
421 Truck Stop IF [ 19/2 1
5EG,
Adaptive Management Plan: An adaptive management plan should not be
necessary for the proposed preservation area. The Applicant anticipates the
preservation area will succeed, as the methods of protection put into place,
namely, recordation of the restrictions, will ensure perpetual preservation of the
remaining on-site wetlands. If the District Engineer determines that a deficiency
has arisen in the preservation area, then steps will be taken to remediate the
situation, either restoration of the resource or payment to the NC EEP in an
amount sufficient to off-set the deficient preservation area. Remediation, on
behalf of the Applicant, will occur only in the event that man-made activities,
taking place within the property boundaries, cause the decline in function of the
systems being preserved.
Financial Assurances: Financial assurances should not be necessary for the
proposed preservation area. The preservation mechanism, recorded with the New
Hanover County Register of Deeds, should provide a high level of confidence that
the mitigation area will be preserved in perpetuity.
+21 Truck Stop IF [zo/Z l
Adjacent Property Owners
SEGO
The subject parcel does not adjoin a waterbody. The property to the north and east is owned by
Eagle Island LTD. The parcel to the south is owned by Holmesbridge LLC, and the property to
the west of the subject parcel is owned by Mr. Robert L. Bryden and Ann Stapleton.
Eagle Island LTD
3330 River Road
Wilmington, NC 28412
Holmesbridge LLC
2019 Fairview Road
Raleigh, NC 27608
Robert L. Bryden &
Ann Stapleton
515 North 5'h Street
Wilmington, NC 28401
Other Authorizations
The proposed project will require other permits, as shown below:
wil
O thorizat
ions

Type
Agency -:
Date Issues (n or Applied For (A)
401 Water Quality Certification NC Division of Water Quality Applying for concurrently with IP
State Stormwater Permit NC Division of Water Quality Modification being applied for by Coastal Site
1 Design
County Stormwater Permit New Hanover County Modification being applied for by Coastal Site
Design
Sedimentation & Erosion Control NC DENR Division of Land Modification being applied for by Coastal Site
Resources Design
Wastewater NPDES Permit NC DENR Surface Water Issued: 04 April 2008
N00065307 Protection
421 Truck Stop IF [21/211 5EGi
Figures
Figure 1. Data obtained from Google Maps
Figure 2. Data obtained from maps.live.com
Figure 3. Data obtained from Brunswick County G1S
Figure 4. Data obtained from Google Maps
Table 1: ww%v.thetruckersreoort.com/turning radius for eighteen wheelers shtml
H'T'? a l.rit t IGY r? c b
. J
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Wilmington Division
No. 93-15-CIV-7-F
United States of America,)
Plaintiff, )
V. )
Worsley Company, Inc. j
William H. Smith, and )
wife, Carolyne W. Smith )
Defendants. )
CONSENT ORDER AND
JUDGMENT
THIS CAUSE coming on to be heard and being heard before
the undersigned United States District Judge for the Eastern
District of North Carolina upon the application of the
plaintiff and the defendant Worsley Company, Inc. (corporate
defendant) for judgment, without hearing and by consent, and it
appearing that the plaintiff and the corporate defendant to
this cause have resolved the issues heretofore before the
Court, and that the corporate defendant has agreed to submit to
the terms of this order and Judgment;
NOW, THEREFORE, by consent, it is ORDERED, ADJUDGED AND
DECREED:
1. Within sixty days of the date of entry of this
judgment, the corporate defendant shall restore the area shown
k. Within thirty days of acquiring title to the
mitigation site, the corporate defendant will record this
Consent Order and Judgment with the applicable land records
office, with the intention of the parties being that this
Consent Order and Judgment touches and concerns the property
which makes up the mitigation site, runs with that property,
and encumbers that property in perpetuity. At least thirty
days prior to any proposed transfer of any interest of any part
of the mitigation site, the corporate defendant will provide a
true copy 'of this Consent Order and Judgment to any proposed
transferee and simultaneously will notify the Corps of any
proposed transfer. A transfer of interest in the mitigation
site will not relieve the corporate defendant of any
responsibility in this Consent Order and Judgment, unless the
Corps and the transferee agree to allow the transferee to
assume such responsibility.
3. Within thirty days of the entry of this Consent
Order and Judgment, the corporate defendant shall pay a civil
penalty in the amount of $25,000.00 to the plaintiff by
certified check made payable to the U.S. Treasury.
4. Except as in accordance with this Consent
Judgment and order, the corporate defendant, its officers,
directors, agents, servants, employees, successors and assigns,
and those in active concert or participation with them are
permanently enjoined from discharging dredged or fill material
into waters or wetlands of the United States, or from working

in any manner in navigable waters of the United States, except
as authorized by a Department of the Army permit.
5. This Consent Order and Judgment does not relieve
defendants of the responsibility to comply with any state or
local laws, regulations, rules and permits.
6. Upon approval and entry by this Court, this
Consent Order and Judgment will have the effect and force of a
final judgment. This Court will retain jurisdiction over this
action for the purposes of enforcing, interpreting, and
modifying this Consent Decree. The United States reserves all
legal and equitable remedies available to enforce the
provisions of this Consent Decree. Any stipulated modification
of this consent Decree must be in writing, signed by the
parties, and approved by this Court.
This the day of
1994.
James C. Fox
United States District Judge
CONSENTED TO:
UNITED STATES OF AMERICA, PLAINTIFF
?rint Preview
G
t?-hmc?n? 28
li(tp://gis. brunsco.net/printPreview.aspx?Prin(OptData=Mitigation%...
Mitigation Overview
Parcel Number 05900007 Plat Date
Account Number 20409310 Land Value $30,000
PIN 310619625270 Building Value $0
Owner WORSLEY COMPANIES INC Other Value $0
Owner Address 1
Deferred Value $0
Owner Address 2 P O BOX 3227 Total Taxable Value $30,000
City WILMINGTON Heated Sq Ft
State NC Year Built
zip 28406 Bedrooms
Legal Description 2.23 AC NC 133 Full Baths
Parcel Street Number
Stories
Parcel Street
Ext. Way 1
Street Type
Ext. Wall 2
Street Dir
Neighborhood 2001
S
ubdivision
-------------
Municipality
Deed Book 1006 Fire Tax District LELAND
Deed Page 0492
Township TOWN CREEK
Deed Date 10/31/1994 Acreage 2.23
Plat Book
Sale Price $13,500
2
6/13/2008 2:37 PM
\J QG Michael F Easley, Governor
? q
William G Ross .Ir , Secretary
North Carolina Department of Environment and Natural Resources
o .?
Coleen H Sullins, Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORMWA E
R PERMIT NAME OWNERSHIP CHANGE FORM
CURRENT PERMIT INFORMATION:
1 Stormwater Management Permit Number.- ,,,. J
2. Permit Holder's name: 1s? ??
? ?''? ?-
,
3. Signing official's name:
t. ? ; ,__1 f•. Title: ,?-?--
(person legally responsible for permit)
4. Mailing address:
City: .'
State: ZipCode:?Phone?????`?
1, ? x FAX: t,-ttl??t1
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION
- This request is for- (please check all that apply)
a. Change in ownership of the property/company (Please complete Items #2
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
c• Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit:
3. New owner's signing official's name and title: _-- j i -?
C`?
4. New Mailing Address: (Title)
5 - City-
State: ZipCode :" C,
Phone-
FAX: cry .
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit:
Page 1 of 2

, Fi?I
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington he.gional Office Wilmington, NC 28405
Internet r_vrV4v nc ,, lferc unlit .or
An Equal Opportunity/Affirmalive Action Employer - 50% Recycled/10% Post Consumer Paper
Noilh Caroli na
Alatunall
Customer Service
1-877-623-6748
[phone]
Fax [phone]
PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS.-
1 . This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. An Operation and Maintenance plan, signed by the new applicant, if a system that
requires maintenance will change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, U-? CILL31 a L Vic: s l> i
change has been review(
understand that if all requil
supporting info, on an
returned as Incete.//.,
Signature:

and
attest that this application for a name/ownership
is accurate and complete to the best of my knowledge. I
its of this application are not completed and that if all required
chments are not included, this application package will be
1??
Date:
New Applicant's Certification: (Must be completed for all transfers of ownership)
attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature:
THE COMPLI
INFORMATION
Date:
rLICATION PACKAGE, INCLUDING ALL SUPPORTING
RIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
ATTN: Rhonda Hall
Page 2 of 2
O? CG
_:0
LL-A
O i -<
April 23, 2008
Mr. Jeff W. Turpin,
Worsley Operating
PO Box 3227
Vice President
Corporation
Wilmington, NC 28406
Dear Mr. Turpin:
Michael F Easley, Governor E
William G Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins Director
Division of Water Quality
Subject: Stormwater Permit No.
Scotchman Store #303
High Density Project
New Hanover County
t1TTn C h1 MEN c
SW8 900421 Mod.
The Wilmington Regional Office received a complete, modified Stormwater Management
Permit Application for Scotchman Store #303 on April 23, 2008. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 900421
dated April 23, 2008, for the construction of the subject project.
This permit shall be effective from the date of issuance until September 2, 2013, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Monitoring requirements, and the Operation and Maintenance requirements in this permit.
Failure to establish an adequate system for monitoring, operation and maintenance of the
stormwater management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact David Cox, or me at [phone].
Sin rely,
E ward Beck
Water Quality Regional Supervisor
ENB/dwc: S.1WQSISTORMWATIPERMIT1900421.api-08
CC' Richard Collier, P.E.
Tony Roberts, New Hanover County Building Inspections
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
David Cox
Wilmington Regional Office
Central Files
One
North Carolina
??1?at>lr?zll?
Worth Carolina Division Water Quality 127 Cardinal Drive Extension
Wilmington Regional office Wilmington, NC 28405 Phone [phone]
Internet' www.ncwateroualit), ore Customer Service
Fax [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Posl Consumer Paper
State Stormwater Management Systems
Permit No. S W8 900421
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Jeff W. Turpin & Worsley Operating Corporation
Scotchman Store #303
New Hanover County
FOR THE
construction, operation and maintenance of 7 sand filters and one Vortechs Stormwater
Treatment System Unit in compliance with the provisions of 15A NCAC 2H .1000
(hereafter referred to as the "stormwater rules') and the approved stormwater
management plans and specifications and other supporting data as attached and on file
with and approved by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until September 2, 2013, and
shall be subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described on pages 3, 4 and 5 of this permit, the Project Data Sheets.
The stormwater controls have been designed to handle the runoff from 59,240;
800; 1,400; 1,200; 15,500; 4,300; 3,400; and 2,400 square feet of impervious
area, respectively.
3. The tract will be limited to the amount of built-upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located per the
approved plans.
5. The runoff from all built-upon area within the permitted drainage areas of this
project must be directed into the appropriate permitted stormwater control
system, per the approved drainage area plan. A permit modification must be
submitted and approved prior to the construction of additional built-upon area
from outside of the approved drainage area.
2
State Stormwater Management Svsteir
Pennit No. SW8 90042,
6. Each sand filter consists of a sediment chamber and a sand chamber. The sand
depth shall be a minimum of 18". Runoff is designed to sheetflow over the
grated side of the filter into the sediment chamber to settle large solids. The
runoff will then flow over weirs cut into the wall at the approved elevations, into
the sand chamber for treatment. A minimum 6" orifice shall be provided at the
bottom of each sand chamber to allow the treated runoff to be discharged.
7. The Vortechs Stormwater Treatment unit must be designed, sized and installed
per Vortechs specifications to achieve a minimum 85% TSS removal efficiency.
8. Quarterly monitoring of the outflow from the Vortechs Unit is required. See
Section IV of this permit for specific monitoring requirements.
9. In the event that the Vortechs Unit fails to function as required, or to meet the
85% TSS removal efficiency minimum, the sytem shall be replaced by other
permittable stormwater management measures, such as a sand filter.
10. Drainage Area #3 consists of the area by the diesel pumps and is served by an
Oil/Water Separator, not covered by this permit.
State Stormwater Management Systems
Permit No. S W8 900421).
DIVISION OF WATER QUALITY
PROJE CT DESIGN DATA SHEET
Project Name: Scotchman Store #303
Permit Number: SW8 900421 Mod.
Location: New Hanover County
Applicant: Jeff W. Turpin, Vice President
Mailing Address: Worsley Companies
PO Box 3227
Wilmington, NC 28406
Application Date: April 23, 2008
Receiving Stream/River Basin: N.E. Cape Fear River/ Cape Fear
Stream Index Number: CPF17 18-74-61
Classification of Water Body: "SC Sw"
System Number: 2
4 5
6
Design Storm: „
1" 1„
1 1"
Drainage Area, ? 2:
ft L:
Onsite 800 1400 1200
15500
,
Offsite, ft2: 800 1400 1200
0 0 15500
0 p
Total Impervious Surfaces, ft2: 800 1400
1200
15500
Filter & Sed. Chamber Depth 18"
18
18 18°.
Filter & Sed. Chamber Length: 10' 10' 10'
'
90
Filter & Sed. Chamber Width: 18" 18" 18"
"
18
TSS removal efficiency: 85% a 30' filter is required, however
due to
,
site constraints, one will not be constructed
Top of sand elevation, FMSL: 4
7
4
7
.
.
4.7 5.3
Permitted Surface Area, ft2: 30
30
30
270
Permitted Storage Volume
ft3: 45
, 45
45
405
Weir Elevation to Sand Filter, FMSL: 4.45
4
45
.
4.45 5.05
Outlet Orifice: 61'?

4
State Stormwater Management Systems
Permit No. S WS 900421
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name: Scotchman Store #303
Permit Number: SW8 900421 Mod.
Location: New Hanover County
Applicant: Jeff W. Turpin, Vice President
Mailing Address: Worsley Companies
PO Box 3227
Wilmington, NC 28406
Application Date: April 23, 2008
Receiving Stream/River Basin: N.E. Cape Fear River / C ape Fear
Stream Index Number: CPF17 18-74-61
Classification of Water Body: "SC Sw"
System Number: 7 8 9
Design Storm: 11' 1
Drainage Area, ft2: 4300 3400 2400
Onsite, ft :
2 4300 3400 2400
Offsite, ft
: 0 0 0
Total Impervious Surfaces, ft2: 4300 3400 2400
Filter & Sed. Chamber Depth: 18" 18" 18"
Filter & Sed. Chamber Length: 35' 35' 25'
Filter & Sed. Chamber Width: 18" 18" 18"
TSS removal efficiency: 85% a 30' filter is required , however, due to
site constraints, one will not be constructed
Top of sand elevation, FMSL: 4.9 5.2 5.45
Permitted Surface Area, ft2: 105 105 75
Permitted Storage Volume, ft3: 157.5 157.5 112.5
Weir Elevation to Sand Filter, FMSL: 4.65 4.95 5.2
Outlet Orifice: 6" ? 6" ? 61'?
5
State Stormwater Management Systems
Permit No. S WS 900421
DIVISION OF WATER QUALITY
PROJE CT DESIGN DATA SHEET
Project Name: Scotchman Store #303
Permit Number: SW8 900421 Mod.
Location: New Hanover County
Applicant: Jeff W. Turpin, Vice President
Mailing Address: Worsley Companies
PO Box 3227
Wilmington, NC 28406
Application Date: April 23, 2008
Receiving Stream/River Basin: N.E. Cape Fear River / Cape Fear
Stream Index Number: CPF17 18-74-61
Classification of Water Body: "SC Sw"
System Number: Vortechs Unit
Design Storm: 1"
Drainage Area, It2: 59
240
Onsite, ft :
Offsite, ft2: ,
59,240
0
Total Impervious Surfaces, ft2: 59,240
Model Number: Model 5000
Expected TSS Removal Efficiency: 89%
Design Ratio: 14.3
Runoff Coefficient: 9
State Stormwater Management Systen. '
Permit No. SW8 9004-)1
II. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in it's entirety,
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
Documentation of the Vortechnics Unit inspections and maintenance shall be
made on the forms provided by the company, copy attached.
5. Decorative spray fountains will not be allowed in the stormwater treatment
system.
6. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
7. 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 for the system installed 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. A
modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
9. At least 30 days prior to the sale or lease of any portion of the property, the
permittee shall notify DWQ and provide the name, mailing address and phone
number of the purchaser or lessee. An access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the
stormwater facilities will be restricted by the sale or lease of any portion of the
property.
State Stormwater Management Systems
Permit No. SW8 900421
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built-upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further subdivision, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction. If the proposed
BUA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction.
12. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
13. The permittee must maintain compliance with the proposed built-upon area and
ensure that the runoff from all the built-upon is directed into the permitted
system.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
15. The permittee must maintain the current permitted drainage area. No additional
runoff from outside of the permitted drainage area boundary may enter the
permitted stormwater facilities without first applying for and receiving a permit
modification.
III. MONITORING REQUIREMENTS
1. The permittee shall submit a monitoring plan to the DWQ for approval within 60
days of receipt of this permit, for the Vortechs Unit.
2. Quarterly monitoring of both influent and effluent is required. Samples shall
consist of a grab sample of the first flush (within the first 15 minutes of discharge
from the unit) and flo-paced composide samples collected, at a minimum over
the first three hours of the event.
State Stormwater Management System
Permit No. S W8 9004 1
3. Samples must be collected in each of the four seasons. Monitoring parameters
shall include the following at a minimum. Additional parameters may be added
on a case-by-case basis, to address water quality issues in the area.
a. Total Suspended Solids
b. Oil and grease
c. TKN
d. Ammonia Nitrogen
e. Nitrate-Nitrite
f. Total Phosphorous
g. Total Coliform
h. Fecal Coliform
i. Enterococcus
i. Flow
4. The storm event date, total rainfall and duration must be recorded for both the
storm event prior to the sampled event and the sampled event.
5. All samples shall be collected from a representative storm event. A
representative storm event is an event that measures greater than 0.1 inches of
rainfall and that is preceded by at least 72 hours during which no storm event
measuring greater than 0.1 inches has occurred. A single storm event may
contain up to 10 consecutive hours of no precipitation. For example, if it rains for
2 hours without producing a collectible discharge, and then stops, a sample may
be collected if a rain producing discharge begins again within the next 10 hours.
6. The permittee shall split samples with DWQ for at least two events during the
first year after the Vortechs unit is installed. The permittee shall notify the
Division as soon as possible of their intent to provide split samples .
7. Within 30 days of receiving laboratory results, the permittee shall submit copies
to the Division of Water Quality, Stormwater and General Permits Unit, 1617
Mail Service Center, Raleigh, NC 27699-1617. All data submitted must
reference the project name, location and permit number.
8. The permittee may petition to have the monitoring requirements modified,
reduced, or eliminated only after 10 valid monitoring events for 10 different storm
event have been submitted for the system, during the course of a full year.
Modification shall be determined on a case-by-case basis.
9. An annual report shall be submitted by March 1 of each year. The report shall
document the inspection, maintenance, and monitoring activities performed
during the previous calendar year, and summarize overall system performance.
The annual report shall be submitted to NCDENR-DWQ, Stormwater and
General Permits Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
IV. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not
be approved. The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request.
9
,Mate Storntivater Management Systems
Pen-nit No. S WS 900421
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established. in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days.
Permit issued this the 23rd day of April, 2008.
NO CAROLINA E O NTAL MANAGEMENT COMMISSION
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
10
State Stormwater Management Systems
Pennit No. SW3 900421
Scotchman Store #303
Stormwater Permit No. SW8 900421
New Hanover County
Designer's Certification
1, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(rroject)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
SEAL
Signature
Registration Number
Date
State Stormwater Management Systems
Permit No. S W8 900421
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. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. 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. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building Inspections
12
,
5out ern Environmental Group, Inc.
5515 South College Road, `juite r - Wilmington, North Carolina 28412
? 10.452.271 1 • Fax: [phone] • [e-mail]
www.segws
22 July 2009
United States Postal Service
N.C. Division of Water Quality
Wilmington Regional Office
Attn: Mr. Rick Shiver
127 Cardinal Drive Extension
Wilmington, NC 28405
[SEGi Proiect #: 04-202.01]
Re: 421 Truck Stop Expansion Project
Wilmington, New Hanover County
DWQ Project #: 09-0157
Dear Mr. Shiver:
The purpose of this letter is to provide you with an update on the status of the 421 Truck Stop
Expansion Project, and should serve as a supplement to SEGi's response to the DWQ's request
for additional information.
As you are aware, Worsley Operating Corporation is owned by Sun Capital Partners, Inc, who
purchased the company from Worsley Companies Inc., in 2008. While the two entities are
similar in name, they are not the same corporation. The only affiliation between the old
company, Worsley Companies, Inc., and the succeeding company, Worsley Operating
Corporation, Inc., is that Sun Capital Partners retained the name Worsley. With that in mind, the
majority of the previous non-compliance issues on the subject property are primarily associated
with the former corporation, not the new entity.
After our meeting, held 16 July 2009, our client, Mr. Smith, met with the Worsley Operating
Corporation (herein referred to as "Worlley") to discuss the current status of the property.
Worsley informed Mr. Smith, at their meeting, that the wastewater treatment issues on-site have
been resolved. According to Worsley, they have hired a responsible, respected individual to
serve as the Operator in Responsible Charge (ORC) of the wastewater treatment system, Mr.
George Yankeg. Furthermore, Worsley is intent on resolving all outstanding issues on the
property, and is interested in conducting semi-annual meetings with the regulatory agencies to
ensure Worsley is complying with all environmental regulations.
At this time, Worsley, Mr. Smith, and Southern Environmental Group, Inc., are reviewing all
options concerning the current issues on the subject parcel and intend on making a final decision
SEGO
regarding the compliance issues and the expansion request in the near future. During this time,
we will also address the additional items discussed and requests that were made at our meeting.
If you have any questions or concerns with any of the information contained within this letter,
please do not hesitate to contact Southern Environmental Group at 910.452.2711. We will keep
you abreast of any new information, as it comes into our office. We thank you for your time and
consideration with regard to this project, and look forward to providing you with further
information in the near future.
Sincerely,
Amanda L. Kolb
Environmental Consultant
cc: Mr. Chad Coburn (DWQ)
Ms. Emily Hughes (USACE)
Ms. Molly Ellwood (NCWRC)
Mr. Ian McMillan (DWQ)