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HomeMy WebLinkAboutSW8990126_HISTORICAL FILE_20090806STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW R7 `Dl�-iO DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE- �lj7jg /�BD�o YYYYMMDD 41. C- r 0 NCDENR North Carolina Department of Environment and Natural Resources Beverly ayes Perdue Governor Mr. Peter M. Brennan, President Alltek, Inc. 2110 Moon Station Dr. Kennesaw, GA 30144 Division of Water Quality Coleen H. Sullins Director August 6, 2009 Peter M. Brennan, President Alltek, Inc. 2155 Enterprise Dr. tip' Leland, NC 28451 Subject: NOTICE OF VIOLATION NOV-2009-PC-0690 Failure to Renew Stormwater Management Permit Stormwater Permit No. SW8 990126 Alltek Brunswick County Dear Mr, Brennan: Dee Freeman Secretary 0 This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to apply for and secure a renewal of Stormwater Management Permit SW8 990126, which expired on June 1, 2009, • On August 6, 2009, David Cox of the Wilmington Regional Office performed a file review to determine the status of compliance with Stormwater Management Permit SW8 990126. Permit Number SW8 990126 was issued to you on March 31, 1999 for the Alltek Project, located at 2155 Enterprise Dr., City or Township, Brunswick County, North Carolina. As a result of the site inspection and DWQ file review, the following violations are noted: I. Failure to Renew State Stormwater Permit Title 15A NCAC 2H .1003 (h) (2) requires that applications for permit renewals to be submitted 180 days prior to the expiration of the permit. On January 1, 2009 (180 days prior to expiration of permit), an application for a permit renewal was required to be submitted to DWQ. As of the date of this letter, DWQ has not received an application to renew Stormwater Permit SW8 990126. 11. Failure to Apply For and Secure a Stormwater Management Permit Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit for development activities within the 20 coastal counties that require a Coastal Area Management Act (CAMA) Major Permit or an Erosion and Sedimentation Control Plan. The inspection and DWQ file review confirms that a valid, active State Stormwater Management Permit was not obtained prior to the expiration of Stormwater Permit SW8 990126 Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Cuslomer Service: 1-877-623-6748 North C aro li n a Internet: www.ncwaterquality,org I ' att(Na "l�J// - An Equal Opporlunily 1 Affirmalive Action Employer �` August 6, 2009 Alltek Permit # SW8990126 Ill. Failure to certify the stormwater system A file review revealed that this office has not received an Engineer's Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate o� Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. Required Response .This Office requires that you respond to this letter in writing by September 7, 2009. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Submit the enclosed renewal application with new signed O&M agreement and Designer's Certification along with the processing fee, currently set at $505 2. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) noted under the `Comments' in the attached inspection report and a time frame for completion of those actions. 1 Thank you for your immediate attention to this matter. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143- 215.6A. This office requires that the violations, as detailed above, lie abated and properly resolved. Should you have any questions regarding these matters, please contact either David Cox or myself at (910) 796-7318. Sincerely, &eorg�tte Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office GDSldwc: S:1WQSISTORMWATERINOTICE1990126.aug09 Enclosures: Inspection Report Permit Renewal Application Form Designer's Certification Form BMP Type Operation & Maintenance Agreement cc: John Hennessy- NPSACOU DWQ Central Files Phil Norris, P.E. Brunswick County Building Inspections WiRO Files Page 2 of 2 Y Compliance Inspection Report Permit: SVV8990126 Effective: 06/01/99 Expiration: County: Brunswick Region: Wilmington Contact Person: Peter Brennan Title: President Directions to Project: Type of Project: Stale Stormwater - HD - Detention Pond Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 08/06/2009 Entry Time: 09:50 AM Primary Inspector: David W Cox Secondary Inspector(s): Reason for Inspection: Routine Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) Owner: Alitek Inc Project: Alitek Exit Time: 10:00 AM Phone: Phone: 910-796-7215 Inspection Type: Stormwater Page: 1 Permit: SW8990126 Owner - Project: Alltek Inc , Inspection Date: 08/06/2009 Inspection Type: Stormwater Reason for Visit: Rputine Inspection Summary: In order to bring this state stormwater permit into compliance you must provide the following: 1. A renewal application and the $505.00 renewal fee. 2. Provide the required Engineer's Certification. File Review Is the permit active? Signed copy of the Engineer's certification is in the tile? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: 1. Permit expired on June 1, 2009. 2. This office has not received the Engineer's Certification Yes No NA NE Q 0 0 n 0 00 0 ❑D00 nn®n Page: 2 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. In teiln? Director January 7, 2019 Alltek, Inc Attn: Mr. Peter M. 13rennan, President 2155 F?ntcrprise 131vd. \.>;. P. O. ]lox 2110 Leland, iti-C 28451 NORTH CAROUNA Environmental Quality Subject: Notice of Permit 1,;xtension and Renewal Request State Stormwater Management Permit No. SW8 990126 Alltek 13runswick County Dear Mr. Brennan: Effective August 1, 2013'the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DE -MLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified, transferred, or renewed. Please note that this letter references DEMLR as the Division responsible for issuance of the permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any Stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, this permit, which was set to expire on June 1, 2009, shall now be effective from the date of issuance until June 1, 2013, which includes all available extensions. State Stormwater Management Permit 11SW8 990126 for the subject project was last issued on March 31, 1999 to Alltek, Inc. and expired on June 1, 2013 as noted above. Per 15A NCAC 21-1.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at S505.00. If this is still an active project, please complete and submit a renewal application prior to February 8, 2019. 'The renewal application can be found at the following website under the Applications Forms section: httl�s l/dccl.i�z s�ov abc>pt-!cll� rtilt�nsr.t;nct_ m,lr7ct a] i4nci...ictic��lrcti4 clie) mineral-land-1.,u1t;S,titc�ltn} r31c_i pic7gral».'c1 t_-,Gc�ntitrcltic>li,. Please note that if they have not already been submitted to the Division, the permit renewal request must be accompanied by the required Designer's Certification and the recorded documents (if applicable). If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. Additionally, a review of the North Carolina Secretary of State corporation's database revealed that this corporation has a new address. Please submit a completed Permit Information Update Form to correct your contact information which is available on our website at: lilt ps:r':'deb: nc_<Gov/cthoulidiViSion ti'enerL,y-_Inineral- lar�e]_rg;Sources/energ��-mini ial-land _nits/stc�rm�a;atL.r_cictgitnl'I}ost-cnnsu•uction. Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7 until you submit the required Permit Transfer Application Form to the Division and receive approval from the Division to transfer the permit or, if the site has not been built, submit a request to rescind the permit and receive approval. This includes providing the necessary operation and maintenance of the permitted stormwater system. The Permit Transfer Application Form is available on our website at: htt�s:l/de...nc.o..iahoutidiviskeneres] d..retie....-- s'elter��-mineral-land-rules�5tt�rm«ater- progr<� aiii/post-contitrtLcti011. e: A; — N 11H'•l^':p '- :F .p.nma,r or _'IyA, naowuy North Carolina Department of E-nvironmentai Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office I 27 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 State Stormwater Permit \o. SW9 990126 Page 2 of 2 The operation of the storrnwater treatment system without a valid and active permit, and/or failure to provide the Designer's Certification and/or failure to operate and maintain the stormwater treatment system, are violations of -NCGS 143 Article 21 and may result in appropriate enforcement action. If you have any questions regarding this matter, please contact Garrett Zorda at (910) 796-7215 or garrett.zorda@ncdenr.gov. Sincerely, .•:�,", Danny Smith, ]nterim Director Division of Cnergy. Mineral and band Resources GDS/gdz: \\\StormwaterTermiis & Projects11999\9901261-1D12019 01 req_ren 990126 cc: Wilmington Regional Office Pile F -- i CERTIFIED Postal RECEIPT Postal Service-r. ) 4 (Domestic Mail Only; No Insurance Coverage Provided) CERTIFIED RECEIPT 17�- �I ru .. :.. Provided) For delivery Information visit our website at www.usps.comjD OFFIC�AL USE Er, in Ir Postage $ v/�/flP L ,r.9 -.13 it1 Postage $ Certified Fee t1^ ccJJ ru M p Return Receipt Fee (Endorsement Required) G " 5' Here ru O Certified Certftlsd Fee Return Receipt Fee �, Postmark Here © Restricted Delivery Fee j/ � E3 L:3 (Endorsement Required) a (Endorsement Required) j� 0 Restricted Delivery Fee (Endorsement Required) /I /_/./l �(/� r-q ri Total Postage & Fees s v=- r-q Total Postage & Fees r $ /^J �/ Z� �`7cet. " .... " ��� - �c or PO sox No. ,� /�S� J Jam. � �,................................... e .-- - Sneer, A"pr. No.; G!N. Scat Z7P+4 .. r e L f7� or PO Sox No. ' ' �! Ci % city sla . i_ .� ...................... See Heverse for instructions PS Form :,, August 2006 See RCvursO for Instructions PS Form :,, August 20136 I e �031INC% � IX to p � 0 0 w z rl �e Fn y03 F N .7 2 ,a ct e � d N o w Q 0 w rM o as a ada � waa � t3 Si 3 � WOO -; tads. % a owo - in tray ri — m � z x 1 x m i It WDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor February 24, 2011 Division of Water Quality Coleen H. Sullins Director CERTIFIED MAIL #70081140 0002 9561 9722 RETURN RECEIPT REQUESTED Mr. Peter Brennan Alltek, Inc. 2110 Moon Station Dr. Kennesaw, GA 30144 CERTIFIED MAIL #7008 1140 0002 9561 9739 RETURN RECEIPT REQUESTED Mr. Peter Brennan Tek Properties Inc. 2155 Enterprise Blvd., NE Leland, NC 28451 Subject: NOTICE OF VIOLATION and Recommendation for Enforcement NOV-2009-PC-0690 Permit Condition Violations Stormwater Management Permit No.SW8 990126 Alltek Brunswick County Dear Mr. Brennan: Dee Freeman Secretary 'This letter is to notify you that you are in violation of'Title 15A North Carolina Administrative .,Code (NCAC) 2H.1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit No. SW8'990126: On February 21, 2011, Angela Hammers of the Wilmington Regional Office (WiRO) performed a file review to determine the status of compliance with Stormwater Permit SW8 990126. This permit was issued to you on June 1, 1999 for Alltek, located at 2155 Enterprise Blvd, NE, Leland, Brunswick County, North Carolina. ' .As a result of the file review, the following violations were found: Failure to respond to a written request. A Notice of Violation letter from DWQ was sent on July 22, 2010 notifying the Permittee that a copy of the stormwater system certification was not found in the DWQ fife as required by permit condition. Additionally, an inspection report was sent to the Permittee on November 8, 2010, requiring a written response with a plan of action be submitted to DWQ. This office has not yet received a written plan of action. 2. Failure to certify the stormwater system. A file review revealed that this office has not received a Designers Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer 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. Wlmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910-350.20041 Customer Service: 1.877-623-6748 Internet www.ncwaterquarty.org An Fqual Opportunity 1 Affirmative Action Employer NorthCarol i nzt Mr. Peter Brennan Alltek, SW8 990126 NOV-2009-PC-0690 To correct these violations you must: Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions within 15 business days of receipt of this notice. 2. Submit the required Engineers' Certificate. By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that the Building Inspector consider withholding any building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. Thank you for your immediate attention to this matter. This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions, regarding these matters, please contact either Angela Hammers or myself at (910) 796-7215. Sincerely, /� Georgette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures: Designer's Certification Form GSlakh: S:IWQSIStormwater\Permits & Projects\ 1 999\990126 HD12011 02 NOVNORF 990126 cc: John Hennessy- NPS-ACOU Phil Norris, PE (Andrew& Kuske) Delaney Aycock, Brunswick County Building Inspections WiRO Files; Georgette Scott; Angela Hammers Page 2 of 2 Alltek Brunswick County Stormwater. Permit No. SW8 990126 Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically] weekly/ full time) the construction of the project, . (Project) 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. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL cc: NCDENR DWQ Wilmington Regional Office Page 1 of 2 Alltek Brunswick County Stormwater Permit No. SW8 990126 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.. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6.. Trash rack is provided on'the'outlet/bypass`structure. 7. All slopes are grassed With _permanent vegetation. 8: Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12.. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. Page 1 of 2 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor February 24, 2011 Division of Water Quality Coleen H. Sullins Director CERTIFIED MAIL #7008 1140 0002 9561 9722 RETURN RECEIPT REQUESTED Mr. Peter Brennan Alltek, Inc. 2110 Moon Station Dr. Kennesaw, GA 30144 CERTIFIED MAIL #7008 1140 0002 9561 9739 RETURN RECEIPT REQUESTED Mr. Peter Brennan Tek Properties Inc. 2155 Enterprise Blvd,, NE Leland, NC 28451 Subject: NOTICE OF VIOLATION and Recommendation for Enforcement NOV-2009-PC-0690 Permit Condition Violations Stormwater Management Permit No.SW8 990126 Alltek Brunswick County Dear Mr. Brennan: Dee Freeman Secretary This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H.1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit No. SW8 990126. On February 21, 2011, Angela Hammers of the Wilmington Regional Office (WiRO) performed a file review to determine the status of compliance with Stormwater Permit SW8 990126, This permit was issued to you on June 1, 1999 for Alltek, located at 2155 Enterprise Blvd, NE, Leland, Brunswick County, North Carolina. ' As a result of the file review, the following violations were found: Failure to respond to a written re nest. A Notice of Violation letter from DWQ was sent on July 22, 2010 notifying the Permittee that a copy of the stormwater system certification was not found in the DWQ file as required by permit condition. Additionally, an inspection report was sent to the Permittee on November 8, 2010, requiring a written response with a plan of action be submitted to DWQ. This office has not yet received a written plan of action. 2. Failure to certify the stormwater system. A file review revealed that this office has not received a Designers Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer 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. Wilmington Regional Me 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX. 910350-20041 Customer Service: 1-877.623-6748 Internet: www,ncwaterquality.org An Equal Opportunity 4 ArfirmalNe Action Employer onr NthCaro]ina Natmra4i/ Mr. Peter Brennan Ailtek, SW8 990126 NOV-2009-PC-0690 To correct these violations you must: Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions within 15 business days of receipt of this notice. 2. Submit the required Engineers' Certificate. By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that the Building Inspector consider withholding any building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. Thank you for your immediate attention to this matter. This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact either Angela Hammers or myself at (910) 796-7215. Sincerely, Georgette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures: Designer's Certification Form GSlakh: SAWQSIStorrnwaterlPermits & Projects119991990126 HDQ011 02 NOVNORE 990126 cc: John Hennessy- NPS-ACOU Phil Norris, PE (Andrew & Kuske) Delaney Aycock, Brunswick County Building Inspections WiRO Files; Georgette Scott; Angela Hammers N Page 2 of Alltek Brunswick County Stormwater Permit No. SW8 990126 Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the project, (Project) 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. Required Items to be checked for this certification to be considered complete a're on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL cc: NCDENR DWQ Wilmington Regional Office Page 1 of 2 Alltek Brunswick County Stormwater Permit No. SW8 990126 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.. The outlet/bypass structure elevations are per, the approved plan. The outlet structure is located per. the approved plans. 6.. Trash rack is provided on the outlet/bypass`structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and -a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. Page 1 or 2 qpj\ §qp~� $u ,�$j q0 o k �)c c. \ )N � § 2 aA Z ■ LU 'o /22/ �QC%l-i o � k 0 } Z Q / § i O N ■ � O mO 0 ; o¢a m WOO $ oQ0 e eat . m.e (¢g N. = 0 DB@ a = o w>« 0 = *ja � $ z e �, ' � �. v � . i �^,} '{ -- S AND a NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves,Perdue Coleen H. Sullins Dee Freeman Governor ;; ,, Director,; , ,, Secretary November 8, 2010 Mr. Peter M. Brennan,' President Mr. Vladimir Rosas Alltek, Inc. Alltek, Inc. 2110 Moon Station Dr. 2155 Enterprise Blvd. NE Kennesaw, GA 30144 Leland, NC 28451 Subject: NOTICE OF INSPECTION Alltek Permit No. SW8 990126 Brunswick County Dear Mr. Brennan and Mr. Rosas: On October 26, 2010, Angela Hammers of the Wilmington Regional Office of the Division of Water Quality (DWQ) inspected Alltek in Leland, Brunswick County to determine compliance with Stormwater Management Permit, Number SW8 990126 issued on June•1, 1999. DWQ file review -and site inspection revealed,that the site is not compliant with the, terms and conditions of this permit and .remains. under a Notice of Violation (NOV-2009-PC-069.0) issued, on July 22, 2010. Please find a copy of the completed form entitled "Compliance Inspection. Report attached to this letter, which summarizes the findings of the recent inspection. As indicated in the attached inspection report, the following deficiencies must be resolved: 1. Submit an engineer's certification of the stormwater system to this office. It is noted that vegetation has been removed from the pond slopes and forebay berms as requested. In addition to the above certification, please submit the following:. • A request for acceptance of the permit extension (SL2009-406) or a r complete renewal application package. 2 • A request to transfer ownership of the permit as needed. Please inform this Office in writing before December 9, 2010, of the specific actions that will be -undertaken and the time frame that.will be required to correct the deficiencies. Failure to provide the .requested- information;. when ,required, may initiate enforcement action including the assessment of civil penalties; of. up to $25,000 per day. -If a written - plan of action is not submitted to this office by'December 9,-2010 then DWQ staff will re- inspect the site and issue a Notice of Violation with a -recommendation for enforcemment if the listed deficiencies have not been addressed. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910.796-7215 i FAX: 910350-2004 4 Customer Service: 1-877-62U748 North Caro 1 i na Internet: www.ncwaterquality.org �irtlrrr�!!� An Equal Opportunity 1 Affirmative Action Employer Mr. Peter Brennan & Mr. Vladimir Rosas Alltek Stormwater Permit No. SW8 990126 Please be reminded that if any.ownership or name change has occurred it is the permittees' responsibility to notify this office in writing. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215. Sincerely, Aj� . —/Jcl--�� Angela Hammers Environmental. Specialist Enclosure: Compliance Inspection Report Copy of Notice of Violation (NOV-2009-PC-0690) GDSlakh: S:IWQSISTORMWATERIINSPECT1990126.nov10 cc: John Hennessy-NPS-ACOU Georgette Scott Phil Norris, PE (Andrew & Kuske) WiRO' Files 1 Page 2 of 2 Compliance Inspection Report Permit: SVV8990126 Effective` 06/01/99 Expiration: ' Owner:' AlltWinc. # , Project: Alltek.li, County: Brunswick Region: Wilmington Contact Person: Peter Brennan Title: President Phone: Directions to Project: Type of Project: State Stormwater - ND - Detention Pond Drain Areas: On -Site Representative(s): Related Permits: Inspection Date: 1012612010 Entry Time: 02:15 PM Primary Inspector: Angela K Hammers Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 02:45 PM Phone: 919-796-7215 Ext.7317 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8990126 Owner • Project: Alltek Inc Inspection Date: 10/26/2010 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: The following deficiencies were noted during the inspection: 1. A PE Certification has not been received by this Office. 2. Documentation of the verification of the depth of the ponds has not been received by this office. To bring this system into compliance, the following must be completed: 1. Submit a PE Certification of the stormwater system to this office. 2. Submit documentation of the depths of the ponds to this office. Please note this permit is under Notice of Violation, NOV-2009-PC-0690. Please complete the above listed deficiencies to bring this permit into compliance. Also;note that this permit was stated as expiring on June 1; 2009.. - • • - • . ; Z. File Review Yes No NA NE Is the permit active? ®❑ Q 0 Signed copy of the Engineer's certification is in the file? 0 ®❑ 0 Signed copy of the Operation & Maintenance Agreement is in the file? ■ Q Copy of the recorded deed restrictions is in the file? 0 ❑ NO r; i Comment:,- A PE certification has not been.received.,by this Office. Operation and Maintenance Yes NoNANE -Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ 0 Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ 0 0 0r,® upon request? Comment: It was observed that woody vegetation along_ the pond banks has been removed; eroded areas have been revegetated. The depth of the ponds has not been verified. Page: 2 �� NC®ENR North. Carolina Department of Environment and Natural Resources - Division of Water Qualify Beverly Eaves Perdue Coleen H. Sullins `' _`Dee.Treeman Governor .:.;,.,;.::• Director' :' � ' Secretary July 22, 2010 ;. j ; :.. k ... Y . Mr. Peter M. Brennan, President Mr. Vladimir (Val) Rosas- Alltek, Inc. Alltek, Inc. 2110 Moon Station Dr. 2155 Enterprise Blvd. NE Kennesaw,' GA 30144 Leland, NC 28451 Subject: NOTICE OF VIOLATION, NOV-2009-PC-0690 Stormwater Permit No. SW8 990128 . Y Alltek Brunswick County Dear Mr. Brennan and/or Mr. Rosas, This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 for failing to comply with terms, conditions and limitations, of a Stormwater Management Permit No. SW8 990126.- On July 13, 2010, Angela Hammers of the Wilmington Regional Office performed an inspection and met with Mr. Rosas onsite to determine the status.of,compliance with Stormwater Permit SW8 990126.. This permit was issued to you on June 1, 1999 for Alltek, located at 2155 Enterprise Blvd. NE, Leland, Brunswick County, North Carolina. The project has been found in violation of Stormwater Permit Number SW8 990126, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: 1. Failure to Maintain the Stormwater System. At all times, the permittee' shall provide the operation and maintenance necessary to assure the permitted , stormwater system functions at optimum efficiency. It was observed that maintenance including woody vegetation removal was not being conducted. As stated in the permit, 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: • Inspections, semi-annual • Sediment Removal . • Mowing and re -vegetating of side slopes • Immediate repair of eroded areas • Maintenance of the side slopes in accordance with the approved plans a nd specifications • Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping. • Access to the outlet structure must be available at all times. 2. Failure to certify the stormwater system.. A fife review revealed that this -office has not received a Designers Certificate. Wilmington Regional office 127 Cardinal Drive blensbri, Wilmington, North Carolina 28405 One 1 Phone: 910-796-7215 I FAX: 910-350-20041 Customer Service: 1-877-623-6748 Nort h Ca ro l i n a Internet: www,ncwaterquality.org Mr. Peter Brennan Alitek Stormwater Permit No. SW8 990126 Permit condition states that upon completion 'of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer 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. To correct these violations you must: 1. Provide a written "Plan 'of Action" which outlines the actions you will take to correct the,violation(s) and a time frame for completion of those actions, on or before August 24, 2010. 2. Remove all woody vegetation from the pond forebay berms and pond slopes, repair all eroded areas of the pond slopes and re -seed with permanent vegetation. 3. Submit a certification -from a professional engineer for the stormwater system to this Office. 4. Submit a request to transfer ownership of the permit as required. The transfer request form can be found at: http //h2o.enr.state.nc.us/su/documents/NameOwnershiQChahgeF6rm16Nov200 9. df 5. Submit a written request to accept the SL2009-406 Permit Extension legislation with an extended expiration date of June 1, 2012, or submit a complete renewal application package to DWQ including a renewal application, O&M verification or new O&M form, and processing fee. The renewal form can be found at: htt :Ilh2o.enr.state.nc.us/su/StateSWRenewalApplicationSWU-102.Doc. Doc Failure to provide the "Plan of Action" by August 24, 2010, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. If you have any questions concerning this matter, please call Angel Hammers at 910-796-7215. Sincerely, georgette Scott, Stormwater Supervisor Surface Water Prote ction`Section ` GSlakh: S:IWQSISTORMWATERINOTICE1990126.jul10 1 Enclosures: Inspection Report; Designer's Certification Form cc: John Hennessy- NPSACOU,- Georgette Scott, DWQ-WiRO Phil Norris, PE, (Andrew & Kuske); WiRO Files-, Angela Hammers- Central Files NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 22, 2010 Mr. Peter M. Brennan, President Mr. Vladimir (Val)'Rosas Alltek, Inc. Alltek, Inc. 2110 Moon Station Dr. ' 2155 Enterprise Blvd. NE Kennesaw, GA 30144 Leland, NC 28451 Subject: NOTICE OF VIOLATION, NOV-2009-PC-0690 Stormwater Permit No. SW8 990126 Alltek Brunswick County Dear Mr. Brennan and/or Mr. Rosas, Dee Freeman Secretary This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit No. SW8 990126. On July 13, 2010, Angela Hammers of the Wilmington Regional Office performed an inspection and met with Mr. Rosas onsite to determine the status of compliance with Stormwater Permit SW8 990126. This permit was issued to you on June 1, 1999 for Alltek, located at 2155 Enterprise Blvd. NE, Leland, Brunswick County, North Carolina. The project has been found in violation of Stormwater Permit Number SW8 990126, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: Failure to Maintain the Stormwater System. At all times, the permittee shall provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. It was observed that maintenance including woody vegetation removal was not being conducted. As stated in the permit, 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: • Inspections, semi-annual • Sediment Removal • Mowing and re -vegetating of side slopes • Immediate repair of eroded areas • Maintenance of the side slopes in accordance with the approved plans and specifications • Debris removal and unclogging of the outlet structure, orifice device and catch basins and piping. • Access to the outlet structure must be available at all times. 2. ' Failure to certify the Stormwater system. A file review revealed that this office has not received a Designers Certificate, Wilmington Regional office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX; 910-350-20041 Customer Service: 1-877-623-6748 NorthCaroli na Internet: www,ncwaterquality.org Naturally l An Equal Opportunity 1 Affirmative Action Emptayer �/ �/ u[ ra d`J Mr. Peter Brennan Alltek Stormwater Permit No. SW8 990126 Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer 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. To correct these violations you must: Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before August 24, 2010. 2. Remove all woody vegetation from the pond forebay berms and pond slopes, repair all eroded areas of the pond slopes and re -seed with permanent vegetation. 3. Submit a certification from a professional engineer for the stormwater system to this Office. 4. Submit a request to transfer ownership of the permit as required. The transfer request form can be found at: http://h2o.enr.state.nc.us/su/documents/NameOwnershipChangeForm16Nov2OO 9.pdf 5. Submit a written request to accept the SL2009-406 Permit Extension legislation with an extended expiration date of June 1, 2012, or submit a complete renewal application package to DWQ including a renewal application, O&M verification or new O&M form, and processing fee. The renewal form can be found at: htt-//h2o.enr.state.nc.us/su/StateSWRenewalApplicationSWU-1 02.Doc.Doc Failure to provide the "Plan of Action" by August 24, 2010, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. If you have any questions concerning this matter, please call Angel Hammers at 910-796-7215. Sincerely, 4eorgette Scott, Stormwater Supervisor Surface Water Protection Section GSlakh: S:IWQSISTORMWATERINOTICE1990126.jul10 Enclosures: Inspection Report; Designer's Certification Form cc: John Hennessy- NPSACOU; Georgette Scott, DWQ-WiRO Phil Norris, PE, (Andrew & kuske); WiRO Files; Angela Hammers; Central Files Page 2 ol' 2 W A �F�Q Michael F. Easley, Governor �O G William G. Ross Jr., Secretary co r North Carolina Departmad of Environment and Natural Resources >_ y Alan W. Klimek, P.E. Director Division of Water Quality September 29, 2008 Mr. Peter M. Brennan, President Alltek, Inc. 2110 Moon Station Drive Kennesaw, GA 30144 Subject: Stormwater Permit No. SW8990126 Alltek Brunswick County Dear Mr. Brennan: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8990126 to Alltek, Inc. for a High Density Stormwater Project on June 1, 1999. This permit expires on June 1, 2009. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the pemmittee, please provide the name, mailing address and phone number of time person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact David Cox at 910-796-7318. Sincerely, Georgette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures cc: Wilmington Regional Office North Carolina Division of Water Qoality Internet �F���s.nc« zlgrAualit�.ar C 127 Cardinal delve Extension Phone(9I0) 796-7213 � a Wilmington, NC 28403 Fax (410) 350-2004 �N/ L y / /, � �� � � � \ . _- . '. _- ` _ _ _ _ l�. ` � +_ ! �� . U �� � ^ ' �` | ��_________________-.______~ ' ' ' ' ' ' � . ' -___—_____..______—_______.�� ` | � i � - ~'' / . ' __--------- ` / ` \ / / / ` � J, N ppppppyyy o V N 00 CN • U w N LL d N N O rn LL ��111Pin o Qo Z, 0 C O EO O y W O O C a 00 6 z ti c Q UW z��3 11 1 14 Y Cq 0 m O (Y fl (a O uco WWL. OHO f-- F ZUU r e (tzJ !Y •-z a D D :) al to Q 0 t3 z I D t 0 a w cv t4 x z a y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coieen H. Sullins Governor Director February 24, 2011 CERTIFIED MAIL #7008 1140 0002 9561 9722 RETURN RECEIPT REQUESTED Mr. Peter Brennan Alltek, Inc. 2110 Moon Station Dr. Kennesaw, GA 30144 CERTIFIED MAIL #70081140 0002 9561 9739 RETURN RECEIPT REQUESTED Mr. peter Brennan Tek Properties Inc. 2155 Enterprise Blvd., NE Leland, NC 28451 Subject: NOTICE OF VIOLATION and Recommendation for Enforcement NOV-2009-PC-0690 Permit Condition Violations Stormwater Management Permit No.SW8 990126 Alltek Brunswick County Dear Mr. Brennan: Dee Freeman Secretary This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H.1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit No. SW8 990126, On February 21, 2011, Angela Hammers of the Wilmington Regional Office (WiRO) performed a file review to determine the status of compliance with Stormwater Permit SW8 990126. This permit was issued to you on June 1, 1999 for Alltek, located at 2155 Enterprise Blvd, NE, Leland, Brunswick County, North Carolina. As a result of the file review, the following violations were found: Failure to respond to a written request. A Notice of Violation letter from DWQ was sent on July 22, 2010 notifying the Permittee that a copy of the stormwater system certification was not found in the DWQ file as required by permit condition. Additionally, an inspection report was sent to the Permittee on November 8, 2010, requiring a written response with a plan of action be submitted to DWQ. This office has not yet received a written plan of action. 2. Failure to cetEf the stormwater system. A file review revealed that this office has not received a Designers Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer 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. Wilmington Regional office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 011C Phone: 910-796.7215 4 FAX: 910-350-2004 I Customer Service; 1-877-623-6748 North Caro 1 i na Intemet:www.ncwaterquality.org r 'J�'}���L N�� An Equal Opportunityt Affirmative Action Em�/ployer � " UNITED STATES POSTAL SERVICE 1 , First -Class Mail Postage & Fees Paid I LISPS I Permit No. G-10 i • Sender. Please print your name, address, and ZIP+4 in this box • NC DENR - Division of Water Quality Surface Wrier Protection Section 127 Cardinal Drive Extension Wiintingtan, NC 28405 Mr. Peter Brennan Alltek, SW8 990126 NOV-2009-PC-0690 To correct these violations you must: Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions within 15 business days of receipt of this notice. 2. Submit the required Engineers' Certificate. By copy of this letter to the Brunswick County Building Inspector, this Office is requesting that the Building Inspector consider withholding any building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. Thank you for your immediate attention to this matter. This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact either Angela Hammers or myself at (910) 796-7215. Sincerely, Georgette cott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures: Designer's Certification Form GSlakh: S:1WQS1Stormwater\Permits & Projects11999k990126 HD12011 02 NOVNORE 990126 cc: John Hennessy- NPS-ACOU Phil Norris, PE (Andrew & Kuske) Delaney Aycock, Brunswick County Building Inspections WiRO Files; Georgette Scott; Angela Hammers Page 2 of 2 'Alltek Brunswick County Stormwater Permit No. SW8 990126 Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically / weekly / full time) the construction of the project, (Project) 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. Required Items to be checked for this certification to be considered complete are on page 2 of this form. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL cc: NCDENR DWQ Wilmington Regional Office Page 1 cf 2 Alltek Brunswick County Stormwater Permit No. SW8 990126 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. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The dimensions of the system, as shown on the approved plans, are provided. Page 1 of 2 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality June i, 1999 Mr. Peter M. Brennan, President Alltek, Inc. 2110 Moon Station Drive Kennesaw, GA 30144 NCDENR NORTH CAROLINA (DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. SW8 990126 Alltek High Density Stormwater Project Brunswick County Dear Mr. Brennan: The Wilmington Regional Office received the Stormwater Management Permit Application for Alltek on January 19, 1999, with final information on March 31, 1999. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Storrwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 990126 dated June 1, 1999, for the construction of Alltek. This permit shall be effective from the date of issuance until June 1, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. failure to establish an adequate system for 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 pennit. 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 Linda Lewis, or - me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:IWQSISTORMWA RPERMIT1990126.JUN cc: Phil Norris, P.E. Delaney Aycock, Brunswick County Inspections Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 A(1 Ec11.131 Opportunity Affirmative Action Empioyer l 50% recycled/100/. post -consumer paper State Stormwater Management Systems Permit No. SW8 990126 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 Alliek, lmn Allrek Brunswick County FOR THE construction, operation and maintenance of 2 wet detention ponds in comp) lance 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 June 1, 2009 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS l . 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 page 3 of this permit, the Project Data Sheet. Pond #1 of the stormwater control has been designed to handle the runoff from 78,500square feet of impervious area, and Pond 2 has been designed for a future built -upon area of 114,781 square feet. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built -upon area indicated on page.3 of this permit, and per approved plans. Pond 2 does not have to be constructed until Phase 2 of the project is approved. 2 Hammers, Angela From: Hammers, Angela Sent: Friday, June 11, 2010 2:19 PM To: Ival.rosas@alltekinc.com' Subject: FW: State stormwater permit SW8 990126 Good Afternoon, I wanted to get back with you in regards to the engineer's certification for the stormwater system for Alltek (SW8 990123). 1 have researched the DWQ file and I did not find a certification. As you may be aware, the original project engineer listed on the state stormwater permit application was: J. Phillip Norris, PE (Andrew & Kuske Consulting Engineers, Inc) — (910) 343-9653. Please be aware that any licensed engineer may certify the system. I have attached the PE form that can be used to certify the system. Please also know that this is an expired permit, so time is of the essence. I look forward to hearing from you. Sincerely, Angel Hammers From: Hammers, Angela Sent: Tuesday, May 25, 2010 12:28 PM To: 'val.rosas@alltech.inc' Subject: State stormwater permit SW8 990126 Hello Val, Thank you for your call regarding the renewal of the state stormwater permit, (no. SW8 990126) for Alltek. Please find below the weblink for the renewal application. The current application fee is $505.00. Please let me know if you have questions. htto://h2o.enr.state.nc.us/su/StateSWRenewalAgglicationSWU-102.Doc.Doc As I mentioned on the phone, I will pull the stormwater file and check for the engineer's certification of the stormwater system. Thanks again, Angel Hammers (Please note my new email address is angele.hommers@ncdenr.aov) Environmental Specialist NC Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 ,Offce: 910.796.7215 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Angel Hammers (Please note my new email address is angela.hammers@ncdenr.gov) Environmental Specialist NC Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: 910.796.7215 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Hammers, Angela From: Hammers, Angela [/o=NCMAIL/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=angela.hammers) on behalf of Hammers, Angela Sent: Tuesday, May 25, 2010 12:35 PM To: 'val. rosas@alltek.inc' Subject: Alltek, State Stormwater Permit No. SW8 990126 Hello Val, Thank you for your call regarding the renewal of the state stormwater permit, (no. SW8 990126) for Alltek. Please find below the weblink for the renewal application. The current application fee is $505.00. Please let me know if you have questions. http://h2o.enr.state.nc,uslsu/StateSWRenewaIAppiicationSWU-102.Doc.Doc As I mentioned on the phone, I will pull the stormwater file and check for the engineer's certification of the stormwater system. Thanks again, Angel Hammers (Please note my new email address is angela.hammers@ncdenr.gov) Environmental Specialist NC Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: 910.796.7215 Fax: 910.350.2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Ad' NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Peter M. Brennan, President Alltek, Inc. 2110 Moon Station Dr. Kennesaw, GA 30144 Division of Water Quality Coleen H. Sullins Director August 6, 2009 Peter M. Brennan, President Alltek, Inc. 2155 Enterprise Dr. Leland, NC 28451 Subject: N.OTICE OF VIOLATION NOV-2009-PC-0690 Failure to Renew Stormwater Management Permit Stormwater Permit No. SW8 990126 Alltek Brunswick County Dear Mr, Brennan; Dee Freeman Secretary This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure to apply for and secure a renewal of Stormwater Management Permit SW8 990126, which expired on June 1, 2009. • On August 6, 2009, David Cox of the Wilmington Regional Office performed a file review to determine the status of compliance with Stormwater Management Permit SW8 990126. Permit Number SW8 990126 was issued to you on March 31, 1999 for the Alltek Project, located at 2155 Enterprise Dr., City or Township, Brunswick County, North Carolina. As a result of the site inspection and DWQ file review, the following violations are noted: 1. Failure to Renew State Stormwater Permit Title 15A NCAC 2H .1003 (h) (2) requires that applications for permit renewals to be submitted 180 days prior to the expiration of the permit. On January 1, 2009 (180 days prior to expiration of permit), an application for a permit renewal was required to be submitted to DWQ. As of the date of this letter, DWQ has not received an application to renew Stormwater Permit SW8 990126, 11. Failure to AvDIV For and Secure a Stormwater Management Permit Title 15A NCAC 2H .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management Permit for development activities within the 20 coastal counties that require a Coastal Area Management Act (CAMA) Major Permit or an Erosion and Sedimentation Control Plan. The inspection and DWQ file review confirms that a valid, active State Stormwater Management Permit was not obtained prior to the expiration of Stormwater Permit SW8 990126 Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, Norlh Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-M-6748 NorthCarolina Internet: www.ncwaterquality.org ;Vaturallry An Equal Cpporlunily 1 Affirmative Action Employer August 6, 2009 Alltek Permit # SW8990126 III. Failure to certify the stormwater system A file review revealed that this office has not received an Engineer's Certificate. Permit condition states that upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. Required Response This Office requires that you respond to this letter in writing by September 7, 2009. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Submit the enclosed renewal application with new signed O&M agreement and Designer's Certification along with the processing fee, currently set at $505 2. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) noted under the 'Comments' in the attached inspection report and a time frame for completion of those actions. Thank you for your immediate attention to this matter. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North- Carolina General Statute 143- 215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact either David Cox or myself at (910) 796-7318. Sincerely, Ceorgette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office GDSldwc: S:1WQSISTORMWATERINOTICE1990126.aug09 Enclosures: Inspection Report Permit Renewal Application Form Designer's Certification Form BMP Type Operation & Maintenance Agreement CC' John Hennessy- NPSACOU DWQ Central Files Phil Norris, P.E. Brunswick County Building Inspections WiRO Files Page 2 of 2 State Storm�vater Management Systems Permit No. SW8 990126 Alltek Stormwater Permit No. SW8 990126 Brunswick County Engineer's Certification [, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodical lylweekly/full time) the construction of the project, Project) 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. Noted deviations from approved plans and specification: Sky'ttatllre Registration Number Date SEAL 2 State Stormwater Management Systems Permit No. SW8 990126 13. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 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 minimurn requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Ill. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, 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. 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, regulatiotts, or ordinances which may be imposed by other government agencies (local, state, and federal)wliich 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 for the purpose of inspecting all components of the permitted stornwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit mollification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the Ist day of June, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr. T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 990126 5 Ms. Linda Lewis March 30, 1999 Page 2 Please let us know if you need any additional information. We are enclosing 2 copies of the revised site plan (Sheet C1) and a red -lined C1 showing the drainage areas. Sincerely, ANDREW CONSUV J Phillip JPNltsm KE JGINEER C. i�.' Norris, P. Attachments CC' Mr. Stan Utley/Hale Construction (wl plans) 90236-o State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office .Tames B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality March 25, 1999 Mr. Phil Norris, P.E. Andrew and Kuske 902 Market Street Wilmington, NC 28401 NCDENFt NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: ACKNOWLEDGEMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 990126 Alltek Brunswick County i. Dear Mr. Norris: The Wilmington Regional Office received a Stormwater Management Permit Application for Alltek on January 19, 1999. A preliminary review of that information has determined that the application is not complete. The following information is'needed to continue the stormwater review: Please provide dimensions for the parking lot and paved areas. 2. Please delineate the drainage area into each pond. 3. Thank you for adding the radii for the curves in the pond, but without the arc lengths and overall distances to go with it, they don't really help much. 4. It appears that the rear part of the site (Lot 2R) is being directed into Pond 1. The existing 63 contour has not been moved, and no additional grading is proposed to reroute this runoff. The runoff appears to flow from the grassed area into the depressed area of the paved drive. Please show spot elevations/grading in this area to clarify what will happen to this runoff. The drainage area of 157,000 isn't enough to take this additional runoff into account. 5. The site has not been located on the vicinity map. Please add. What is the name of the neighboring development (Lot 1R)? Please add to the plans. 6. Please show additional grading or spot elevations for each driveway entrance. It appears that runoff from the drives is bypassing the pond and entering the Enterprise Boulevard ditch.The entrance roads need to be sloped toward the pond. 7. Will Pond 2 be constructed now, or in the future? Plans for the future development must be submitted prior to construction to verify that the allowable BUA has not been exceeded, and that all the runoff from the impervious surfaces is being directed into the system. 127 Cardinal Dr. Eat., Wilmington, North Carolina 28405 Teiephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50'% recycled/10% post -consumer paper Mr. Norris March 25, 1999 Stormwater Project No. SW8 990126 8. The forebay volume for Pond 1 should really be much closer to 20%. Providing more forebay reduces the amount of permanent pond surface area available at the design depth, thus reducing the pond's efficiency. Please reduce the forebay volume to be as close to 20% as possible. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to April 25, 1999, or the application will be returned as incomplete —The return of a project will necessitate resubmittal of all required items, including the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces associated with this project prior to receipt of the stormwater permit is considered a violation of NCGS 143-215.1, and is subject to enforcement action. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, 421; Ms. Linda Lewis Environmental Engineer RSSlarl: S:1WQSISTORMWATIADD1NFO1990126.MAR cc: Linda Lewis Peter Brennan Andrew & Kuske CONSULTING ENGINEERS, INC. John R. Andrew, P.E. J.A. Kuske, P.E. J. Phillip Norris, P.E. 902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone 910/343-9653 • Fax 910/343-9604 January 15, 1999 NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Alltek Brunswick County A&K Project No, 98236 Dear Ms. Lewis: 111S CEIVED # 1 g k gg Enclosed are two sets of plans for the subject project, two sets of calculations, the original Division of Water Quality stormwater management permit application and one copy, two copies of the SWU-102 Pond #1 and SWU-102 Pond #2 supplement forms, two copies of the stormwater narrative and a $385.00 check for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULTING ENGINEERS, INC. 10 —M�A JG-V'*� J. Phillip Norris, P. E. JPNltsm Enclosures CC'. Mr, Peter Brennan/Alltek, Inc 98236sw1 RECEIVED JAN 19 1999 BY:SWA_ 99 ALLTEK LELAND INDUSTRIAL PARK STORMWATER PERMIT NARRATIVE A&K PROJECT NO. 98236 DESCRIPTION The site is a 6.7 acre tract located in the Leland Industrial Park in Brunswick County, consisting of moderately wooded — sandy — topsoil and grades ranging from 1.0% to 10%. Approximately 4 acres will be graded to allow construction of a industrial complex with paved parking and paved access. The runoff from the site is estimated using the rational method 10 year design storm and rainfall data for the area. Construction is scheduled to begin as soon as all permits and approvals are obtained. Stormwater runoff will be routed to 2 detention ponds. 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